Terms of Service

Terms of Service

 These Terms and Conditions of Sale (“Agreement”) govern your (“you” or “your”) purchase of Beauty and Health Research, Inc. d/b/a Doctor’s Choice (“Doctor’s Choice,” “we,” ”us,” and “our”) products and services available on Doctor’s Choice’s website available at d-choice.org and all content or information therein and any subdomains thereof (collectively, the “Site,” such products and services, the “Products”). By using the site to place an order for products, you agree to be bound by this agreement, our privacy policy located at https://d-choice.org/pages/privacy (“privacy policy”) and our terms of service located at https://d-choice.org/pages/terms-of-service (“terms of service”).

 

  1. Applicability of Terms and Conditions

Your purchase of Products from Doctor’s Choice is expressly made subject to this Agreement. The terms of this Agreement may be amended by Doctor’s Choice from time to time. You are bound by the version of this Agreement that is in effect on the date of your order of Products. This Agreement constitutes the complete agreement between you and Doctor’s Choice, and supersedes all prior communications, representations and agreements, written or Doctor’s Choicel. No additional or different terms or conditions set forth in any purchase order or other communication from you to Doctor’s Choice shall apply unless expressly agreed to in writing by Doctor’s Choice, and Doctor’s Choice hereby rejects any terms and conditions that are contrary to this Agreement.

 

  1. Acknowledgement

You hereby represent and warrant that: (i) you are an individual acting in your individual capacity Doctor’s Choices an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; and (iv) all information that you submit to Doctor’s Choice is true, accurate, complete and current.

 

  1. Purchase of Products

If you elect to purchase Products on or through the Site, you agree to the pricing and payment terms, as we may update them from time to time. You may place orders for Products on the Site by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Doctor’s Choice for processing. All orders are subject to acceptance by Doctor’s Choice, and Doctor’s Choice reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order Doctor’s Choice confirmation of an offer to sell. Doctor’s Choice reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you Doctor’s Choice any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Doctor’s Choice unless Doctor’s Choice notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.

 

  1. Recurring Purchases

You may purchase Products on an as-needed basis or by subscribing to the monthly purchase program (the “Program”). By subscribing to the Program, you agree that your subscription has an initial and recurring payment feature and you accept responsibility Doctor’s Choice all recurring charges prior to cancellation. Your subscription in the Program will be automatically extended for successive monthly periods, at the then-current subscription rate in accordance with this Section. To cancel your participation in the Program, you must log into your account and follow the applicable cancellation procedures or call us at ‪(323) 677-1120, or email us at cs@d-choice.org and we will do it for you. You must make a cancellation or change to your subscription at least five (5) business days in advance of a scheduled shipment, otherwise the scheduled purchase and applicable charges in effect prior to such cancellation/change shall apply. Doctor’s Choice will process the monthly charge pertaining to the Program without further authorization from you, until you provide prior notice (pursuant to the above) that you have terminated this authorization or wish to change your payment method.

 

  1. Prices and Taxes

The prices of our Products may vary, and we may add new Products Doctor’s Choice additional fees and charges at any time in our sole discretion. The prices for the Products shall be as set forth on the Site at the time that you place your order; however if there was an error on the posted price Doctor’s Choice shall inform you and the order will be cancelled or made subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing charges, but exclude shipping and delivery charges. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by Doctor’s Choice and shall be charged to your credit card account.

 

  1. Payment

Payment for the Products may only be through valid credit cards acceptable to Doctor’s Choice or gift cards/codes issued by Doctor’s Choice (gift cards/codes cannot be redeemed for cash and are only valid for purchase of Products on the Site). By submitting your order to Doctor’s Choice for processing (including providing your credit card information), you authorize Doctor’s Choice to charge the full amount of your order (including taxes, shipping, handling, insurance and related charges described to you on the Site) to your credit card. You agree to pay all charges incurred by users of your credit card used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Site at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases. Notwithstanding anything to the contrary set forth in this Agreement, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by Doctor’s Choice shall be credited to the credit card that you used to purchase the applicable Products.

 

  1. Shipping, Delivery and Risk of Loss

Doctor’s Choice will have the Products shipped to you as they become available for shipment. You understand that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. Doctor’s Choice Doctor’s Choice reserves the right to ship your order in parts. All shipping, handling, insurance and related charges will be charged to your credit card. Title, and the risk of loss or damage while in transit, to all Products ordered by you will pass to you upon Doctor’s Choice’s tender of the Products to the common carrier at Doctor’s Choice’s facility. You must file all claims for loss or damage directly with the carrier, and you shall remain liable to Doctor’s Choice for the full purchase price of the Products notwithstanding any such loss or damage.

 

  1. Products Purchased for Personal Use Only

You acknowledge and agree that the prices charged to you for the Products are based upon Doctor’s Choice’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.

 

  1. Returns

In case of returns (due to customer's reason)
Returns are accepted only for unopened items within 7 days of receipt. If you wish to return an item, please call or email us first to let us know.
We take every precaution to package and ship products, but in the unlikely event that there is a mistake or damage to the product, we will make arrangements to replace the product as soon as possible after receiving your notification.
In the case of returns or exchanges due to the customer's own reasons, the customer is responsible for all shipping and handling charges.

Please note that we cannot accept returns or exchanges in the following cases
・If the reason is due to a dent in the product's outer packaging that occurs during product transportation.
・If the product is not suitable for your constitution (Supplements are food products. (Supplements are food products, and there are rare cases in which they may not be suitable for your constitution.)
・If the reason is due to the user's subjective factors (smell, flavor, color, feel, etc. of the product) or the size of the capsule or tablet.
・When the reason is due to changes in product condition caused by the customer's storage conditions.
・When there are a small number of empty capsules or damaged grains in the product. (Due to the automatic filling process, empty capsules or broken capsules are rare.)

 

  1. Disclaimer of Warranties

The warranty and remedies set forth in Section 8 (“Warranty and Returns”) above are your sole and exclusive warranty and remedies regarding products that you purchase from the site. All use of the products is at your own risk. The products and any content and information presented on the site or via the products are provided on an “as is,” “as available” basis without warranties of any kind, whether express, implied or statutory, including, but not limited to, timeliness, accuracy, completeness, reliability, merchantability, fitness for a particular purpose, title, non-infringement or safety. Doctor’s Choice makes no warranties or representations about the site, site content or products, or the content of any websites linked to the site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, and (ii) any unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored therein. Doctor’s Choice does not warrant, endorse, guarantee or assume responsibility for any service or product advertised or offered by a third party through the products or any hyperlinked website or other advertising, and Doctor’s Choice will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as expressly provided herein. Without limiting the foregoing, neither Doctor’s Choice nor its affiliates or licensors make any warranty as to the results that may be obtained from the use of the products. You acknowledge and agree that the site may include certain inaccuracies or typographic errors (such as errors in posted prices, products information and the like) and Doctor’s Choice shall not be responsible or obligated to you in any in the event of such inaccuracies or errors. Some jurisdictions do not allow the exclusion of implied warranties so some Doctor’s Choice all of the above exclusions may not apply to you.

 

  1. Limitation of Liability

Under no circumstances will Doctor’s Choice, its affiliates, or its or their directors, officers, employees, agents, suppliers or licensors be liable to you or any third person claiming through or under you for any loss of profit, revenue, goodwill, business opportunity or anticipated savings or lost data, or for any indirect, consequential, exemplary, incidental, special or punitive damages, arising from your access or use of, or inability to access or use, the products, including the site, or any of the site content or other materials on, accessed through or downloaded from the site, even if Doctor’s Choice is aware or has been advised of the possibility of such damages. Without limiting the foregoing, Doctor’s Choice shall have no liability for any loss or damage arising from or in relation to hacking, tampering or other unauthorized access to or use of the products, or your interactions with any other use of the products. In no event shall Doctor’s Choice’s total liability to you for all damages exceed the lesser of US $100 or the fees paid by you to Doctor’s Choice in the six month period immediately prior to the first event giving rise to such liability. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You agree that the above limitations of liability together with the other provisions in this agreement that limit liability are essential terms of this agreement and that Doctor’s Choice would not be willing to grant you the rights set forth in this agreement but for the above limitations of liability; you are agreeing to these limitations of liability to induce Doctor’s Choice to grant you the rights set forth in this agreement. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

  1. Allocation of Available Supply; Force Majeure

If Doctor’s Choice any reason Doctor’s Choice is unable to supply all Doctor’s Choice any portion of the Products ordered by you, then Doctor’s Choice may allocate its available supply among any Doctor’s Choice all purchasers, on such basis as Doctor’s Choice may, in its reasonable discretion, deem fair and practical. In addition, Doctor’s Choice shall not be liable or deemed in default Doctor’s Choice any delay or failure in performance resulting directly or indirectly from any cause which is unavoidable or beyond the reasonable control of Doctor’s Choice.

 

  1. Notices

You and Doctor’s Choice may communicate with each other either electronically, via facsimile or postal mail, or by courier. Notices shall be deemed to have been duly given or delivered if delivered personally or sent by facsimile or electronic mail (receipt confirmed by recipient), two (2) days after being sent by a nationally recognized overnight service, or three (3) days after being mailed by registered or certified mail, return receipt requested with first class postage prepaid. Doctor’s Choice will contact you using the information that you provide to Doctor’s Choice, and you shall be solely responsible for the accuracy and completeness of such information. Doctor’s Choice’s contact information is below:

Beauty and Health Research, Inc. d/b/a Doctor’s Choice
401 Amapola Ave Torrance
CA 90501 USA
(323) 677-1120
dchoiceorg@gmail.com

 

  1. Compliance with Laws; Export Control

The Products are made available from Doctor’s Choice’s designated facilities in the United States. Doctor’s Choice makes no representations that the Products are appropriate Doctor’s Choice aailable for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident of a country embargoed by the United States, Doctor’s Choice are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Products, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.

 

  1. General

This Agreement shall be governed by the FAA and the laws of the State of California (without regard to its conflicts of law principles). We each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration in accordance with Section 11 (Arbitration) of the Terms of Service. We each agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles, California, Doctor’s Choice any actions not subject to Section 11 (Arbitration) of the Terms of Service, and you hereby waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to such courts. The rights granted to you under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the written consent of Doctor’s Choice shall be void and of no force and effect. Doctor’s Choice may freely assign this Agreement, whether to an affiliate or to another entity in connection with a corp Doctor’s Choice ate transaction or otherwise. This Agreement will inure to the benefit of and will be binding upon each party’s successors and permitted assigns. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be will be limited or eliminated to the minimum extent necessary, and the remainder of the Agreement shall continue in full force and effect. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. No waiver of any provision of this Agreement shall constitute a further or continuing waiver of such term Doctor’s Choice any other term, and Doctor’s Choice's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. This Agreement, together with the Privacy Policy, Terms of Service and any amendments and any additional agreements you may enter into with Doctor’s Choice in connection with the Products, shall constitute the entire agreement between you and Doctor’s Choice concerning the Products, and there are no promises, covenants or undertakings other than those expressly set forth herein. The headings and captions contained herein will not be considered to be part of this Agreement but are for convenience only.