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Terms & Conditions
Last Updated: 3-May-2020
This TERMS OF USE AGREEMENT sets forth the agreement between LAVAHEALTH, its affiliates (“LAVAHEALTH” or “we”) and each user (“you” or “user”) governing the use by you of this site and or purchasing products from LAVAHEALTH. Please read this agreement carefully before using this site AND OR purchasing products. By using this site and or purchasing products, you signify your assent to THIS Terms of Use agreement and you understand that you MUST be at least eighteen (18) years of age. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this site AND OR purchase products. You are advised to check these Terms and Conditions from time to time for any changes or updates.
NOT MEDICAL OR HEALTHCARE ADVICE
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
CONSENT TO COMMUNICATION
When you access LAVAHEALTH website or services, or send e-mails, text messages, and other communications from your device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other LAVAHEALTH services, such as our Message Center, Live-Chat, SMS messages, Instagram, Facebook and any other means and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. LAVAHEALTH and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails, phone calls or other means, which may occur. You agree that LAVAHEALTH will not be held responsible for any costs incurred in an effort to communicate with you either electronically or by telephone.
COOKIES AND PRIVACY
LAVAHEALTH reserve the right to record cookies to your web-browser or access device so that we may identify you throughout your website experience. Our cookies do not contain any personal information however we use them to help make shopping on our website possible and record your progress as you browse our website. We work with advertising companies such as Google, Facebook, etc (“third-party agencies”) to help serve up relevant ads to you after you have left our website. We will not pass any personal information to these third parties however, these third parties may have access to information you have browsed on our website or products you have purchased. By accessing our website, you agree to let us use cookies and pass data to third party agencies. For more information please visit our Privacy Policy.
DEFAULT LANGUAGE AND TERMS
LAVAHEALTH website is translated into multiple languages for the convenience of our users. Where any conflicts or discrepancies in translation occur or terminology that which is not included in a translated version, the English language (“default language”) shall always prevail. All terms, conditions and provisions of this website shall always be enforced in the default language and upheld under the default language terms and conditions regardless of the localized language, country or where you, the end-user may be located.
REGISTRATION
Before you can place an order on this site, you will need to create and register an account with us. Upon registration, you are required to provide accurate and current information about yourself. Should any of your registration information change, please update your particulars in your account setting. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure.
PRODUCT DESCRIPTION AND PRICING
LAVAHEALTH attempts to be as accurate as possible. However, LAVAHEALTH does not warrant that product descriptions or other content of any is accurate, complete, reliable, current, or error-free.
“List Price” or “MSRP” means the “manufacturer suggested retail price” of a product as provided by a manufacturer, supplier, or seller. We obtain the MSRP directly from the manufacturer. You understand that the “List price” or “MSRP” is the retail price at which the manufacturer may suggest to list the product selling price at however this DOES NOT necessarily represent the price at which the product sells for, has sold for on our website, has sold across other websites or has sold anywhere else. There may NOT be substantial sales or ANY sales of a product at MSRP on our website or any other website and by showing the MSRP on a product page or any other area of our website does not imply a sale against the MSRP. The showing of MSRP on our website is solely meant to provide more data as obtained from a manufacturer. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by LAVAHEALTH is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. You understand and agree to hold LAVAHEALTH harmless for any and all pricing issues including the list price and MSRP.
All prices displayed on the site are in Singapore Dollars (SGD).
ORDERS
LAVAHEALTH retains the rights to cancel any order at any time. If an order is cancelled, a refund will be issued back to the customer usually within two (2) to three (3) working days. LAVAHEALTH retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website are subject to change at any time without prior notice. Our shipping pricing is based on “standard order weights” and may be subject to additional shipping and handling charges. We will contact you with these charges before shipping your order. If you do not wish to accept these additional charges, you may cancel your order. All orders must be inspected within 24-hours of receipt to be eligible for a refund or returned within seven (7) days.
If an item becomes discontinued or unavailable and your order ONLY contains this one single item, your order will automatically become cancelled and any payments will be refunded. If your order contains MULTIPLE products or items, LAVAHEALTH will cancel from your order that which is unavailable and ship the remaining portion of your order. LAVAHEALTH will not be held liable for partial shipments due to discontinued items.
CREDIT AND DEBIT CARD PAYMENT
Payment can be made by Visa, MasterCard, American Express, JCB cards and Alipay through Stripe payment gateway. Your credit card billing statement will show as “Lava.Health”. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details with Secure Socket Layer (SSL) technology in a secure host environment. If you are a registered user, you may choose to securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. LAVAHEALTH takes reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site. For more payment information, please visit Order Payment.
INTERNATIONAL SHIPPING – DUTIES AND TAXES
We require a signature as proof of delivery for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by LAVAHEALTH, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us. Our appointed couriers DHL and SingPost can deliver an order to certain destinations without collecting a signature. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that our couriers can leave your package(s) outside your premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, our appointed couriers may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
By placing orders from LAVAHEALTH destined to any country outside of Singapore, you ackowledge that you will adhere to all Value Added Taxes, HST Taxes, GST Taxes, Duties or any other applicable taxes imposed on your behalf by your local government as a result of purchasing products from LAVAHEALTH or importing products into your country. You agree that as the Importer of Record (“IOR”), you will be responsible for any applicable duties and or taxes not collected at the time of checkout and are solely responsible for the payment of these duties or taxes as applicable and you agree to pay any applicable taxes directly to the corresponding authority. This notice with respect to paying duties and taxes may serve as your only notice and failure to read this notice and or failure of LAVAHEALTH to collect VAT, HST, GST, Duties or any other tax on your behalf WILL NOT absolve your responsibility for paying these duties and taxes as they become due. LAVAHEALTH is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. For more information, please visit Shipping & Fees.
END USE
All products purchased on LAVAHEALTH shall be for “end users” only and for personal use. You agree that by purchasing products through LAVAHEALTH you will not in any way resell these products and will only use these products for your own personal use and NOT for commercial use.
SHELF LIFE AND STORAGE
We guarantee all products to have a minimum four (4) months shelf life from expiry date when shipped to you. You can find the Lot Number and Expiration Date printed on the bottom of the Supplement bottles. Sale items generally have a shorter shelf life and this will be communicated to you in the product description. Please take note that Sale items are non-refundable or exchangeable.
Some vitamins are very sensitive to the elements, while others (ie. minerals) will remain potent almost indefinitely. We recommend storing supplements below 25 degrees Celsius (room temperature), and away from light and heat. Refrigeration may also help increase the shelf life of supplements. Storing your supplements properly ensures that your supplements will remain fully potent and of guaranteed quality for entire labelled shelf life.
RETURNS AND REFUNDS
LAVAHEALTH does not take title to the returning items until the item arrives at our fulfilment centre and you are required to obtain a proof of delivery from us. You are responsible for the return shipping cost incurred and all orders must be inspected within 24-hours of receipt to be eligible for a refund or returned within seven (7) days. Your refund will be processed as soon as the returned item has been inspected and accepted by LAVAHEALTH. Processing time may vary depending on your bank or card issuer and takes approximately five (5) to ten (10) working days. Shipping Fees and/or Duties/Taxes are non-refundable. All returned orders shall incur a 15% restocking fee which will be deducted from your final refund amount. At our discretion, a refund may be issued without requiring a return. In this situation, LAVAHEALTH does not take title to the refunded item. All our products are sealed with security hologram sticker with a unique serial number to prevent tampering. Returns are not acceptable if the seal is broken or tampered with. Items that have been opened, used, or are not in a resalable condition are NOT eligible for a refund. For more information please visit our Return Policy.
INTELLECTUAL PROPERTY RIGHTS
All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of LAVAHEALTH and are protected by international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with LAVAHEALTH or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of LAVAHEALTH, is strictly prohibited.
LAVAHEALTH, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of LAVAHEALTH or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
NO WARRANTY DISCLAIMER
LAVAHEALTH is providing this site and its contents on an “as is” basis. LAVAHEALTH and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a “Linked Site”) and the uninterrupted and error-free use of this site. LAVAHEALTH and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, security, fitness for a particular purpose and non-infringement. LAVAHEALTH and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by LAVAHEALTH or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, YOU SHOULD ALWAYS CHECK WITH YOUR LOCAL DOCTOR, HEALTH PRACTIONER OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT LISTED ON THIS WEBSITE.
You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Unless otherwise indicated on this site, LAVAHEALTH does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. LAVAHEALTH is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others’ rights or otherwise unlawful. LAVAHEALTH expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site.
Price and availability information on this site is subject to change without notice. LAVAHEALTH is not responsible for price fluctuations on our affiliates websites that have not been updated.
LIMITATION OF LIABILITY
LAVAHEALTH and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site or products purchased from this website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between LAVAHEALTH and the user. The products, information and services offered on and through this site would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of LAVAHEALTH and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from LAVAHEALTH on this site.
By using this website and or purchasing products from LAVAHEALTH, you agree to indemnify, defend and hold harmless LAVAHEALTH and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any purchase or products or any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
ENTIRE AGREEMENT
This agreement constitutes the entire and only agreement between LAVAHEALTH and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. LAVAHEALTH may, in its sole discretion, amend this Terms of Use agreement from time to time.