Policies

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. These Terms and conditions which include the Policies listed below, the Testimonial Terms and Conditions, and Customer Agreement govern your use of this Web Site and any order or purchase you (the individual agreeing to these Terms and Conditions and the entity on whose behalf the individual agrees to these Terms and Conditions, “you”) make on this Web Site operated by Metagenics Canada, Inc. (“Metagenics” or “we”).  These Terms and Conditions constitute a legal agreement between you and Metagenics; by using this Web Site and/or proceeding to place an order, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, you must cease use of this Web Site. Please print a copy of these Terms and Conditions for your records. If you are an individual accessing this Web Site and/or placing an order on this Web Site on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions. These Terms and Conditions include the following Metagenics policies that Practitioners agrees to comply with:

Geographic Scope

This Web Site is intended for use by users in Canada, and products purchased on this Web Site will only be shipped to Canadian addresses. You may only resell the products purchased on this Web Site to patients located in Canada.

Order Process

All advertisements on this Web Site are invitations to purchase and not offers to sell.  Metagenics reserves the right, at its sole discretion, to accept or reject your order once your order has been completed and submitted to Metagenics. 

While it is Metagenics’ practice to confirm orders by email to the e-mail address associated with your order, this e-mail is a confirmation that your order has been received by Metagenics but does not constitute acceptance of your order.  Metagenics reserves the right at any time after receipt of your order to accept or decline your order for any reason and Metagenics will contact you at the e-mail address provided in the order form of its decision to accept or reject your order.  In the event that Metagenics rejects the order, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order. Metagenics reserves the right, without prior notice, to limit the order quantity on any Order. Metagenics also may require verification of information prior to the acceptance and/or shipment of any order.

You agree to pay Metagenics the amount set out as the “Order Total” in your order summary (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes which you are responsible for paying.  

If this is your first order on Metagenics.com/ca, please contact us (800-268-6200) following order placement to confirm payment terms and provide a credit card if required.

You will receive an email with further instructions if we require updated payment or account information to process your order.

Orders containing 11 or fewer bottles of probiotics will be charged a fee of $3.50 for refrigeration. When 12 or more bottles of probiotics are purchased, the refrigeration fee is waived.

Please note that communication from Metagenics may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Metagenics to your address book or list of authorized senders and monitor your junk mail regularly.

Availability

The purchase of products on this Web Site is subject to availability.  In the event that Metagenics advises you that such products are no longer available, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order.  If you have already paid for the order, your only remedy is to receive a refund of the amount paid by you to Metagenics for the order.

Method of Payment

You agree to comply with the Metagenics Credit Policy.

You also agree to the terms and conditions of the Customer Agreement.

For payments made using credit cards, you authorize Metagenics (and Metagenics’ designated payment processor) to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card.  If your card is rejected by the card issuer, your order will not be shipped and Metagenics will have no obligation to fulfill your order.  

You also authorize Metagenics (and Metagenics’ designated payment processor) to collect and store your credit card number, along with other related transaction information for use in connection with your current order and future purchases made through your account.

If you pay by credit card, Metagenics may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Fee.

Metagenics will bill your card at the time of purchase or shortly after. If you cancel a transaction before completing it, that pre-approval may result in your funds not otherwise being immediately available.

Shipping

Same day shipping: Products in stock on orders placed prior to 3:00 PM on a business day generally ship the same day. Orders placed after 3:00 PM may ship the following business day.

Transit time: Shipping, delivery, and package movement only occurs on business days. This applies to all orders, including those where Overnight upgraded shipping is requested. We do not ship to P.O. Boxes.

Refrigerated products: Orders containing refrigerated items, which in warmer climates include soft gel, probiotic, bar, and soft chew products, ship on Mondays, Tuesdays, and Wednesdays.

Business days exclude Saturdays, Sundays and statutory holidays observed by Metagenics.

Returns

You agree to the terms and conditions applicable to returns set out in the Metagenics Return Policy.

Your Account and Password

When you are setting up your account and/or making a purchase, you must provide Metagenics accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify Metagenics immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by Metagenics (or anyone else) due to the unauthorized use of your account.

Privacy

For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, read Metagenics’ Privacy Policy. Please print a copy for your records.

Compliance with Laws/Requirements

It is your responsibility to comply with all applicable local, provincial, federal and international laws and requirements in regard to your use of this Web Site and your purchase of products on this Web Site and any resale thereof.  This includes ensuring that you comply with any conflict of interest or code of ethics rules or other policies or requirements governing your practice or profession, including complying with any disclosure requirements.

Testimonials

All testimonials that you provide to us will be subject to the Testimonial Terms and Conditions. Please read them carefully.

Disclaimer of Express and Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, METAGENICS AND ITS AFFILIATES HEREBY DISCLAIM ALL LEGAL, EXPRESS, AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL METAGENICS AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOSS OF PROFITS OR BUSINESS OPPORTUNITY), EVEN IF METAGENICS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law & Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions will be governed by the laws of Ontario and the laws of Canada applicable therein, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. The parties irrevocably attorn to the jurisdictions of the courts of Ontario in respect of all disputes, proceedings or actions relating to these Terms and Conditions. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. 

Severability, Waiver and Assignment

If any provision of these Terms and Conditions are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of Metagenics to enforce any part of these Terms and Conditions shall constitute a waiver of any of Metagenics’ rights under these Terms and Conditions. All waivers by Metagenics must be in writing and signed. You may not assign these Terms and Conditions and/or your order or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of Metagenics. Any such purported assignment or delegation by you without the prior written consent of Metagenics will be null and void and of no force and effect. Metagenics may assign these Terms and Conditions or any rights hereunder without your consent and without notice.

Changes to the Terms and Conditions

Metagenics may at any time modify these Terms and Conditions, including any policy, terms and conditions and agreement incorporated therein:

If you have an account on this Web Site, Metagenics will provide you notice of such modification via e-mail or mail to the e-mail address or the mailing address associated with your account. Your use of this Web Site following such notice shall be deemed to be acceptance of such modifications.  If you do not agree to any such modifications, you must immediately contact Metagenics to cancel your account and cease using this Web Site.

For users of this Web Site that have not set up an account, Metagenics will make available the updated Terms and Conditions, Policies, Testimonial Terms and Conditions and Customer Agreement on this Web Site. Your access or use of this Web Site following such posting will be deemed to be acceptance of such modified document(s).  If you do not agree to any such modifications, you must immediately cease accessing and using this Web Site. You acknowledge and agree that it is your responsibility to review the Terms and Conditions (and all policies, agreements and terms and conditions incorporated therein) each time you access this Web Site.

Termination

Metagenics may terminate your right to use this Web Site at any time with or without notice. 

Provisions of these Terms and Conditions relating to Geographic Scope; Your Account and Password; Compliance with Laws/Requirements; Testimonials (and the terms and conditions incorporated therein); Disclaimers of Warranties; Limitation of Liability; Applicable Law and Jurisdiction; Severability, Waiver and Assignment; Termination; Language; and Entire Agreement; and your obligation to comply with the Credit Policy, the Internet Policy and Metagenics’ Copyright Policy and Disclaimers, and the Customer Agreement will survive such termination.

Language

It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

Entire Agreement

These Terms and Conditions (which include the Policies incorporated herein, the Testimonial Terms and Conditions and the Customer Agreement) and your invoice/order constitute the entire agreement between you and Metagenics with respect to your use of this Website and your purchase on this Web Site and supersede all previous agreements, understandings and representations relating thereto. Notwithstanding the foregoing, if you have entered into an E-Commerce Agreement with Metagenics, the terms and conditions of the E-Commerce Agreement also apply to you.  In the event of any inconsistency between the E-Commerce Agreement and these Terms and Conditions, the wording of the E-Commerce Agreement shall prevail.

How to Contact Metagenics

Phone: (800) 268-6200
Email: [email protected]

Metagenics Internet Policy

Effective Dates:
October 1, 2013 - until further notice
Affected Customers:

  • Canadian Customers
  • Customers with Web sites selling to Canadian end-users
Suggested Retail Pricing:

The Suggested Retail Pricing Policy of Metagenics, Inc. is for all of its customers selling its Metagenics professional lines of products on-line to sell such products at or above the suggested retail prices.
Metagenics neither seeks nor will accept any assurances from any customer that it will not deviate from this Suggested Retail Pricing Policy. The suggested retail prices set fort are unilaterally set by Metagenics and are not open to discussion or negotiation with any of its customers.

Metagenics reserves the right not to sell or supply any products to any customer that is affiliated with or supplying products to a Web site that violates this Suggested Retail Pricing Policy. Any publicly-viewable website reference or inference at all to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Metagenics products will be deemed to be violations of this policy and grounds for immediate suspension of affiliated Customer's account(s). Customers may offer discounts privately to their customers.

Affiliate Programs:

Metagenics products may not be offered as part of an affiliate program.

Use of Intellectual Property:

Customer shall not have the right to affix any of Metagenics trademarks to any product or other material conveyed to anyone other than via the Internet in the manner described in this Policy. Customer agrees to use the symbols ™ and ®, as appropriate, when displaying the trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim to ownership by Customer. Customer's use of the trademarks must be accompanied by a statement substantially as follows: "[Insert the trademark(s)] are trademarks of Metagenics, Inc. and are used with permission." Customer must also include on all pages that reflect Metagenics products on Customer’s Web site a statement substantially as follows: “This site is not owned or operated by Metagenics, Inc.

Any use of the trademarks by Customer in accordance with this Policy shall inure to the benefit of Metagenics. The trademarks are solely and exclusively the property of Metagenics. Customer shall not have any ownership right, title, or interest, express or implied, in the trademarks.

stomer shall not use the Metagenics trademarks except in a form, context, and location that is acceptable to Metagenics. Metagenics may review Customer’s Web site at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics, even if Metagenics has previously approved or accepted Customer’s Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site at any time to the extent Customer is using the trademarks in a manner that violates applicable Canadian laws or regulations or Metagenics policies.

Customer may not use any Metagenics trademarks or copyrights as part of a URL (Universal Resource Locator) or secondary level domain name.

All content included on Metagenics’ web sites, including text, graphics, images, video clips and audio clips, is the property of or licensed by Metagenics, Inc. or our associates, and protected by Canadian and international copyright laws. You may not use, copy, reproduce, distribute, publish, display, modify, create derivative works, transmit, or in any other way exploit any part of copyrighted material without express written permission from Metagenics, Inc.

The Metagenics logo may be used only in the special form supplied by Metagenics for use on the Internet; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. It may be accompanied by a statement indicating "I (We) proudly offer [insert Metagenics Company Logo] products." No other statements may be affiliated with use of the logo.

Customer may not use or display any ratings, reviews, testimonial, or content written by patients or practitioners in any capacity without written consent from Metagenics.

Private Label Customers:

This policy is not intended to replace or supersede the Metagenics Private Label Agreement.

Health Claims:

In an effort to protect you and us from potential legal liability due to the clear requirements of Health Canada with regard to health claims associated with natural health products or other products, only claims present on Metagenics product labels may be made or associated with Metagenics products and any such claims or any other promotion of Metagenics products must be made in compliance with all applicable laws. Metagenics may review Customer’s Web site at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics in association with any health claims, even if Metagenics has previously approved or accepted Customer’s Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site at any time to the extent Customer is using the Trademarks in a manner that violates applicable laws or regulations, or Metagenics policies.

Miscellaneous:

Metagenics may, in its sole discretion, revise or eliminate this Policy at any time. Metagenics may also terminate Customer's non-exclusive, limited license to use the Trademarks at any time in its sole discretion upon written notice.

Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights in any of the Trademarks shall in no way be considered a waiver of such provisions or rights and shall in no way prevent Metagenics from enforcing the same at a later date.

Violations of Policy:

All Customers who violate this policy will be notified of current violation(s) and given the opportunity to correct the violation(s). Customers that correct their Web site to bring it into compliance with this Policy should promptly notify Metagenics. Metagenics will then review Customer's Web site. If Metagenics determines Customer is not making a good-faith effort to comply with this Policy, Customer's account may be suspended so Customer may not purchase the Products and use the Trademarks on Customer's Web site in accordance with this Policy. Metagenics has adopted zero-tolerance approach to this policy. Customer acknowledges that upon any subsequent breach of any provision of this Agreement, Metagenics may terminate Customer's account without notice. Once Customer has fallen out of compliance with this policy in any way and has received any notice from Metagenics or upon Metagenics’ best efforts to provide notice, then upon any subsequent breach Metagenics reserves the right to immediately terminate the Customer.

Metagenics' Copyright Policy

Thank you for visiting Metagenics' web site. The content, arrangement and layout of this web site, including, but not limited to, the trade-marks, logos, images and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized reproduction or use of the content, arrangement or layout of the web site, or the trade-marks found in the web site may violate civil or criminal laws, including, but not limited to, copyright and trade-mark laws.

Disclaimer

The information provided in this web site must not be construed as medical advice or used as a substitute for medical advice or for diagnosis or treatment. It is merely for educational purposes, and its completeness or accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have. You should not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.

This web site may contain links or references to third party web sites.  These links are provided for your convenience only.  No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this web site.  Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics or its affiliates.  Your use of such third party web sites is subject to the terms and conditions of use and the privacy policies of such web sites.

NFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Metagenics' Customer Policy

To ensure proper use of Metagenics' high quality nutriceuticals, we sell to healthcare professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department at: (949) 226-5860.

If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our health care professional locator list, please contact our office.

Return Policy

Your total satisfaction is our goal. We are committed to providing you with quality products and outstanding customer service. Should our merchandise or service ever fail to meet your expectations, please call our Customer Service department.

We accept unopened, resalable merchandise that is in its original condition provided it was purchased in the last 30 days.

Any claims for shortage or damage must be made within 10 days of receipt of goods. All returns require a Return Authorization Number from Customer Service, so please call us at 800-268-6200 (option 1).

Metagenics will not accept any returns or refund requests for any third-party products sold by healthcare practitioners through their Metagenics Online store.