Policies
It is the policy of Metagenics, Inc. to respect your privacy, and the privacy of all visitors to our Web sites. This policy statement has been established to help you understand our commitment to protecting your privacy, and the steps we take to ensure it.
Metagenics collects certain Personal Information, or information that could be used to identify you, such as names, addresses, telephone/fax numbers, or email addresses, when that information is voluntarily submitted by our visitors. This information will be kept strictly confidential and will not be sold, reused, rented, loaned or otherwise disclosed to anyone outside Metagenics, our service providers, or as otherwise required or permitted by law. We use this information to answer your requests for information or to better understand and respond to your needs. We never share the information collected at www.metagenics.com with third parties for their marketing purposes.
Aggregated Information
Metagenics may use your personal information to generate Aggregated Information that does not allow you to be personally identified or contacted. Aggregated Information shows user activity as a whole rather than on an individual basis and may be used by Metagenics to provide insight on the usage of the services. For example, we might compile personal information in order to determine the percentage of users that live in a particular geographic area.
Tracking Technology ("Cookies")
Cookies are small text files placed on your hard drive when you visit a Web site, in order to track use of the site. Some web sites use cookies to collect data regarding the functionality of the site or to help analyze browsing patterns and use of the site.
Metagenics does not use tracking technology ("cookies") on this site.
Children
Children under the age of 18 are prohibited from using this site. Metagenics’ sites are not intended or designed to attract children under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18.
Security
The Company recognizes that your privacy is important to you. Metagenics employs security measures, such as those described below, in order to prevent the loss, misuse, and alteration of Personal Information under our control.
Technical measures to protect your privacy include, in many instances, the use of passwords and the support of encryption technology in order to ensure the privacy and integrity of your Personal Information, and the secure disposal of Personal Information after it is no longer needed for any business purpose. It is important to recognize, however, that no security measures are perfect, and no transmission over the Internet can be guaranteed to be completely secure.
You should take precautions in choosing the information you send to us via email and in keeping your password confidential. You will be solely responsible for all uses of your password, even if such uses were not authorized by you. If you become aware of any unauthorized use of your password, you are responsible for contacting us to request deactivation of your password.
Information Sharing
Access to your Personal Information is restricted to those employees who require access in order to perform their employment duties. Furthermore, all Company employees are required to abide by this Privacy Policy and are subject to disciplinary action, up to and including dismissal, for breach of its provisions.
Metagenics may share your Personal Information with its affiliates, subsidiaries and service providers for purposes related to: (i) providing the services to you; and (ii) providing you with information about products, services or promotions that may be of interest to you (unless you have opted out of receiving such information). Third party service providers are also restricted to only that information that is required to fulfill their obligations, and required to comply with this Privacy Policy.
Changes to Your Personal Information
We strive to ensure the accuracy of any personal information you provide to us online. If you would like to update or review the personal information we may have on file for you, please email your request at [email protected]. To assist us in properly updating our files, please include your old and new personal information in your request.
Links to Other Sites
Metagenics' sites may provide links to sites not covered by this Privacy Policy. Metagenics is not responsible for how such third parties collect, use or disclose your Personal Information, so you should check their privacy policies before providing them with such information. Metagenics does not collect the Personal Information that you provide to these third parties.
Choice
If you do not wish to receive information about our products, visit the Contact Us area of the Web site, where you may opt out of receiving such information.
Changes
We will remain committed to our underlying goal of protecting your privacy. From time to time, we may update our Privacy Policy to reflect changes in the law or the services that we offer. If we make any material changes to our policy, we will prominently note such changes to this Privacy Policy. Similarly, in the event Metagenics goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its products or assets, your personal information will likely be transferred. We will post any such changes in the control of your personal information to this web page.
You are advised to review this page regularly for any changes.
Contacting Us
If you have any questions or comments about this Privacy Policy, the practices of Metagenics, or our products or services please contact [email protected].
Click Here to download the Metagenics Internet Policy for Practitioner-Patient Sales
Click Here to download the Metagenics Internet Policy for Customers Selling Online to Non-Patients
Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks 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 use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.
The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To ensure proper use of Metagenics' high quality nutriceuticals, we only sell to licensed 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. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor.
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 referral list, please contact our office or that of your distributor.
Terms and Conditions
- Acceptance. This order is Metagenics' offer to purchase from vendor the goods and/or services described on the reverse hereof. This order is conditioned upon Vendor's acceptance of all terms and conditions contained in or attached to this order. Any changes or additions to the terms or conditions in any oral or written communication shall not be effective or binding, nor shall it change the terms or conditions of the Purchase Order, unless agreed to in writing and signed by Metagenics.
- Partial Acceptance. Partial acceptance shall not be deemed a consent to a change or addition to this Purchase Order, unless such changes have been reduced to a writing signed by Metagenics.
- Objection. Ten (10) days after the date on this Purchase Order, if changes or objections have not been made, it shall be deemed that the Vendor has accepted all terms and conditions.
- Proper Identification. All invoices, packages, shipping notices and other written documents shall contain the Purchase Order number.
- Shipping. Unless otherwise stated in writing on this Purchase Order, goods shall be shipped F.O.B. Destination via the cheapest common carrier, prepaid and uninsured. Vendor shall bear all risk of loss, injury, or destruction of goods, until acceptance thereof by Metagenics, except loss or injury caused by Metagenics' own actions.
- Price and Payment. Price shall be the amount stated on this Purchase Order, or in the event that none is stated, the last written quote, or the last amount billed for identical goods, whichever is lower, or if none, the prevailing market price. Determination of cash discounts shall be based upon the date of acceptance of goods, or receipt of a correct invoice, whichever is later. Payment shall be remitted by Metagenics by the U.S. Mail. Vendor shall be responsible to pay all taxes arising out of the sale of goods and services to Metagenics, except that Metagenics shall pay any sales and use taxes from which it is not exempt, which are typically charged to a buyer under the circumstances.
- Quality Standards. Metagenics requires the highest standards of quality and performance for its products. The goods being purchased must meet standards required by Metagenics.
- Inspection. Metagenics may perform quality control inspection upon the products at Vendor's business location, to the extent practicable, at all times.
- Manuals. Vendors shall furnish to Metagenics at its request any quality control manuals, certificates, chemical analysis certifications, or other certificates reasonably required by Metagenics. Vendor's quality control systems shall be followed.
- Current Good Manufacturing Practices (CGMP). CGMP shall be adhered to by Vendor in all respects pertinent to the manufacture and shipment of the goods specified on the reverse hereof.
- Warranties. The goods shipped shall be subject to the following warranties in addition to any and all other warranties provided by law, or otherwise made by vendor.
- Title. Vendor shall deliver goods free and clear of all liens, encumbrances, or claims of others.
- Fitness for Use. Vendor is aware of the use to be made of the goods, and the goods are fit for particular use.
- Merchantability. The goods are of merchantable quality.
- Specification. The goods shall be manufactured or were manufactured pursuant to specifications and under strict quality control standards of Vendor in accordance with CGMP.
- Patent and Trademark. Actions by the Vendor in performance of this Purchase Order do not infringe upon patents of trademarks.
- Non-Limitations. Nothing herein is intended to limit Metagenics' right to damages, as a result of any defect or breach or warranty.
- Rejection and Cancellation. All goods shall be subject to Metagenics' Inspection and acceptance. Goods rejected by Metagenics shall be held, transported, or stored at Vendor's expense which shall be promptly reimbursed by Vendor. Metagenics may cancel the remainder of any order after a partial nonconforming shipment has been received. Metagenics may also cancel any order at any time before partial completion is made by Vendor. Seventy-two (72) hours shall be a reasonable time to inspect for patent defects. Latent defects shall be determined after reasonable time for inspection and testing.
- Privacy. No publicity or advertising shall contain reference to Metagenics, unless Metagenics has consented in writing.
- Disclosure and Ownership. All product specifications supplied to Vendor shall be the property of Metagenics, Vendor shall not release data, specifications, formulations, or other information to any third party, shall treat the same as a trade secret, and shall take necessary steps to protect the trade secrets of Metagenics.
- Time is of the Essence. Delivery time is of the essence of this contract. Failure to deliver in a timely manner shall be grounds for cancellation and may entitle Metagenics to such damages as are incurred as a result thereof.
- Default. In the event of default, the Parties shall have all rights and remedies set forth by the Uniform Commercial Code as adopted by the State of California, which shall not be deemed to limit the rights to cancel, in whole or part, and procure goods from an alternate source, seek damages therefore, and the default shall not excuse delivery of the remainder of any part of this Purchase Order, without notice by non-defaulting Party.
- Waiver. Metagenics' waiver of any breach or failure of terms of this Purchase Order shall not in any way, effect, limit, or waive Metagenics' right thereafter to enforce and compel strict compliance with every term, condition and specification for the remainder of this Purchase Order or other purchase orders.
- Governing Law and Attorneys' Fees. The laws of the State of California shall govern this Purchase Order. Venue for any action brought hereunder shall be in the County of Orange. In the event of action to enforce any term, condition or covenant or to recover damages arising from breach, the prevailing party shall be entitled to recover reasonable attorney' fees.
- Compliance with Law. Unless excepted by law, Vendor certifies that it has complied with all governmental regulations, with Equal Pay Act, Age Discrimination Employment Act, all Executive Orders, Equal Employment Opportunity provisions, non-segregated facilities and affirmative action. Vendor has also complied with all applicable FDA regulations, if any. Certification of conformance shall be given upon request by Metagenics.
- Entire Agreement. The terms of this Purchase Order constitutes the entire agreement of the Parties. It is not assignable and may not be changed or amended without written consent of Metagenics.
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 800-692-9400 (press 1).
Credit Policy
Credit terms are available to qualified commercial accounts, subject to receipt and approval of a completed Metagenics application form. Our terms are Net 30 days from the date of invoice. Discounts or other deductions are not allowed without prior approval. Credit accounts who prefer to pay by statement rather than by invoice are asked to remit account balance in full by the 10th of the month following statement date. In the event a customer fails to pay their bill the customer agrees to pay all reasonable costs of collection, including attorney’s fees, associated with past due balances. Credit applications may be requested from your customer service representative.
Standard Credit Terms
- Standard terms are COD, Money Order, Credit Card, or Net 30 (upon approval of a signed credit application). Metagenics, Inc. will also accept a Company Check for COD orders, provided favorable credit information is obtained
- Payment is required at time of receipt for COD orders and at time of order for Credit Card orders
- Pricing discrepancies must be addressed within 15 days from date of shipment
- Any shipping discrepancy must be reported within 48 hours from date of receipt
- Returned checks will be subject to a $25.00 service charge per check and must be replaced with a Money Order
- Metagenics, Inc. reserves the right to withdraw/re-evaluate credit terms and/or credit limits at any time
Personal Guarantee
or further consideration, the undersigned personally guarantees the full
performance and compliance by the applicant of all terms and conditions of this credit agreement. In addition, the undersigned also personally guarantees to pay any indebtedness owed to Metagenics, Inc. that may occur as a result of unpaid invoices.
Customer Agreement
WHEREAS, Metagenics values its customers and desires to avoid any and all misunderstandings between them and itself regarding the terms and obligations of orders by its customers; and WHEREAS, specific acknowledgement of agreement to these terms and obligations should eliminate potential future problems in this regard.
WHEREFORE, Metagenics and the undersigned (hereinafter the “Customer”) do hereby agree as follows:
(1) Full payment for each order placed by the Customer or its agents are due within 30 calendar days after the date of the invoice and balances due after said 30th day are PAST DUE. No interest shall accrue during the first 30 days (Net 30 days). A $25.00 fee will be charged for NSF checks.
(2) All past due balances shall incur and customer agrees to pay a finance charge of 1ó% per month on the unpaid balance or portion thereof from and after the invoice date until the unpaid balance is paid in full. This rate equals an 18% ANNUAL PERCENTAGE RATE.
(3) Any discrepancies, shortages, claims, or incorrect shipments shall be reported to Metagenics IMMEDIATELY upon receipt, and in no event, later than 5 calendar days after said receipt. Metagenics shall be responsible for curing said discrepancies only if notified within said 5 calendar day period.
(4) Customer complaints: Errors, omissions, or mistakes made by Metagenics will be corrected by Metagenics. We will replace the order or give credit for what has been invoiced and returned to Metagenics. No credits will be made until the proper authorization has been given by Metagenics management. Credit will be given at that time for the unopened portion of the original order. Metagenics shall have no further liability for errors or omissions other than replacement value. In any case, the legal and/or financial liability for errors, omissions, or mistakes by Metagenics shall never exceed the invoice of the order involved.
(5) The person executing this agreement as the Customer represents and warrants that he or she is authorized and empowered to execute this agreement on behalf of or as agent of the Customer.
(6) If any legal action is instituted to enforce any provision of this agreement between parties, the prevailing party shall be entitled to recover its attorney’s fees, costs and reasonable expenses incurred in such action.
