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Terms
1. SCOPE & APPLICATION
1.1 You expressly agree and accept the Conditions set forth herein unconditionally as a binding
contract ("the Agreement") enforceable by law. The following are the terms and conditions of
participation in the Alukard Keto-5, Subscription ("Subscription") or any other Product on this Site, all
such references to Subscription or Product combined shall be ("Product"). "Customer", "I", "You" or
"Your" refers to you. "Site" means this World Wide Website located at the URL or Alukard Keto-5 , ("We", "Us" or "Our") reserves the right to amend this Agreement from time to time. It
is agreed that any such amendment will apply to Customer. Alukard Keto-5 agrees to inform
Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the
Agreement within one week, such failure shall serve as an acceptance of the amendment.
2. PRODUCT AND BILLING
2.1 All product purchases made from this website are required to be paid in full.
2.1.1. The prices for the products are as follows:$239.98(+ free S&H) for the 5 bottle package
($39.99 bottle);$189.98 (+ free S&H) for the 3 bottle package ($47.49 bottle);$129.98 (+$0.00 S&H)
for the bottle package ($64.99 bottle).
2.3.1 You authorize us to initiate a charge to your credit card as indicated upon your
purchase.
2.3.1 (Cont) This product is sold as a program with the price and product being charged and delivered one the initial sale, and then again monthly (every 30 days after the initial purchase). Depending on the selected number of products upon initial purchase, the price per installment will vary. For 2 bottle, each installment is $129.98 . For 3 bottles, each installment is $189.98 and for 5 bottles, each installment is $239.98. The program begins when the customer signs up, and continues indefinitely until the customer shall chose to cancel. The secondary product is optionally sold as a single bottle add on purchase with the initial order only.
2.3.2 Your product will ship within 24 hours and will arrive within 5-7 business days. If your
product does not arrive within the allotted amount of time, please call customer service to address
the delay. Although we always strive to make our deliveries as timely as possible, circumstances may
arise outside of our control, such as inclement weather, natural disasters, or other postal delays,
which may impede a the timely arrival of your product. You agree we are not liable for such delays.
2.4 Please contact Customer service at TOLL FREE 1-866-277-9835 between the hours of 9am EST - 9pm EST Mon - Sat with any questions regarding your product, payment or return.
2.5.1 Additional Opt-in Product: Ketotrium Detox, if purchased, will be shipped within 24 hours and arrive
within 5-7 business days. You are ordering a 30 day supply and will be charged$79.99 (+ free S&H) for the
product you receive. This purchase is backed by a 100% Money Back Guarantee. If at some point you choose to
cancel this purchase, call customer service at 1-866-277-9835 anytime between 9am EST - 9pm EST Mon - Sat.
3. RETURNS, CANCELLATION, AND REFUND POLICY
REFUND POLICY.
3.1 In order to be considered for a refund, you must call Customer Service at TOLL FREE 1-866-277-9835
before any arrangements will be made to issue a refund.
We do require that you agree to send back the product you received in order to receive a full refund
for any transaction. Refunds will only be offered for up to 60 days from purchase date, any
transaction prior to that shall not be considered for a refund.
3.2 Persons with a medical condition, who are pregnant, or have reason to believe they may become
pregnant in the next 60 days should not order this product. Refund requests will not be accepted and
refunds will not be given for these reasons. You must consult a physician prior to placing an order
if you are unsure about whether you can take this product.
3.3 All processed orders are subject to a 9.95 processing fee if the charge for the
product/order has settled.
3.4 All returns are subject to a restocking fee. Accordingly all products have a 8.95 restocking
fee, per item, if returned unopened and in good condition.
4. DISPUTE RESOLUTION
4.1 If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any
of our services, you agree to submit your dispute for resolution by arbitration before the American
Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The
arbitrator will have exclusive authority to resolve any dispute including any claim that all or any
part of these Terms of Website Use are unenforceable.
4.2 Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a
waiver of any of your rights and remedies to pursue a claim individually and not as a class action
in binding arbitration as provided above. This provision preventing you from bringing, joining or
participating in class action lawsuits is an independent agreement.
4.3 YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS,
YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A
PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US,
ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
4.4 You agree to indemnify for any financial harm or any losses caused by Your objections to
fees that does not comply with this Section. You will be held responsible for the reimbursement of
any fees and losses incurred as a result of Your failure to comply with any provision in this
Agreement.
4.5 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or
demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate
debit/credit entries to my bank deposit account or credit card."
5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 While we make every effort to ensure that items appearing on the Site are available, we cannot
guarantee that all items are in stock or immediately available when you submit your order. We may
reject Your order (without liability) if We are unable to process or fulfill it. If this is the
case, We will refund any prior payment that you have made for that item.
5.2 An order submitted by You constitutes an offer by You to Us to purchase the Subscription on
these Conditions and is subject to Our subsequent acceptance.
5.3 Prior to such acceptance, an automatic e-mail acknowledgement of Your order may be
generated. Please note that any such automatic acknowledgement does not constitute a formal
acceptance of Your order.
5.4 Our acceptance of Your order takes effect and the contract concluded at the point where such
offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other
payment ("Acceptance").
5.5 We may keep records of orders received, acknowledgements, acceptances and other contract
records for a reasonable period after Acceptance. We may be able to provide You with copies on
written request; however You must make sure you print a copy of all such documents and these
Conditions for your own records.
6. YOUR REPRESENTATIONS
6.1 You represent that the information provided by You when placing Your order is up-to-date,
materially accurate, and is sufficient for Us to fulfill your order. You are responsible for
maintaining and promptly updating Your account information with Us for accuracy and completeness and
keeping such information (and any passwords given to You for the purposes of accessing the Site
and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required
by applicable law, any warranties provided in relation to Your purchase only extend to You on the
understanding that You are a user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf
or on behalf of a Product manufacturer, license or supplier without Our express prior written
consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR
ORDER)
6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery,
unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement
but the authoritative price in the event of any discrepancy, is the price that is notified to You on
Our Acceptance.
6.5 We have the right at any time prior to Our Acceptance to withdraw any discount and/or to
revise prices to take into account increases in costs including (without limitation) costs of any
materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any
variation in exchange rates. We also reserve the right to notify You of any mistakes in Product
descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue
with fulfillment of the order, You acknowledge that the Product or Service will be provided in
accordance with such revised description or corrected price.
6.6 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise
specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of
delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and
any other tax or duty which (where applicable) must be added to the price payable.
6.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by
Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by
such methods as are indicated on the Site.
6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken
in full notwithstanding any claim for short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services.
We reserve the right to verify credit or debit card payments prior to Acceptance.
6.10 If at any time you fail to pay any amount due on the relevant due date, or we are unable to
collect payment due because of lack of funds or cancelled credit card, We may by notice declare all
amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be
deducted from any payment due without our written consent. We may also take action against You for
the price of Products at any time after payment has become due even though property in those
Products may not yet have passed to you.
7. TERMINATION
7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court
order for winding-up is made against You or You take or suffer any similar action in consequence of
debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail
to pay any amount by the due date or breach any of these Conditions then, without prejudice to any
of our other rights, we may:
7.1.1 Stop any Products in transit; and/or
7.1.2 Suspend further Product deliveries; and/or
7.1.3 Stop or suspend provision of Services; and/or
7.1.4 By written notice, terminate Your order and all or any other contracts between Us and
You.
8. DELIVERY AND RISK
8.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or
elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not
undertake to dispatch Products and/or commence Services by a particular date or dates and shall not
be liable to You in respect of delays or failure to do so. IF OUR PRODUCTS FAIL TO ARRIVE IN THE
ESTIMATED DELIVERY TIME OF 5-7 BUSINESS DAYS, PLEASE CONTACT OUR CUSTOMER SERVICE LINE AND LET THEM
KNOW.
8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to
Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or
acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to
charge You for any extra costs arising from changes You make to the Delivery Address after You
submit an order.
8.3 If You refuse or fail to take delivery of Products provided in accordance with these
Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice
to any other rights or remedies We have:
8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered
and either to effect delivery by whatever means We consider appropriate or to store Products at Your
risk;
8.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs
incurred as a result of such refusal or failure to take delivery; and
8.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in
such manner as We determine and may set off any proceeds of sale against any sums due from You.
8.4 Except to the extent required as a result of any mandatory rights You have as a consumer
under applicable law, You shall not be entitled to reject the Products in whole or in part by reason
of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You
notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant
invoice or delivery whereupon You shall pay for the quantity actually delivered.
8.5 Where We deliver Products by installments, each installment constitutes a separate contract
and any defect in any one or more installments shall not entitle You to repudiate the contract as a
whole nor to cancel any subsequent installment.
8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products
passes to You on delivery or when placed in your possession or that of any carrier or transport
provided by You, whichever shall occur first.
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
9.1 Except as set out above and subject to any rights You have under applicable law that cannot be
excluded or limited by these Conditions:
9.1.1 We shall not be liable and You shall not be entitled to reject Products or Services,
except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are
carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working
days of receipt of the Products; (b) defects in Products (not being defects caused by any act,
neglect or default on your part) notified in writing to Us within 30 days of receipt of the
Products; and (c) defective performance of Services (not being defects caused by any act, neglect or
default on Your part) where notified in writing to Us within 5 days of such defect becoming
apparent.
9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in
connection with other defective or unsuitable Products; Your negligence; improper use or use in any
manner inconsistent with the manufacturer's specifications or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product
or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good
any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective
performance of a Service, make good such failure or defective performance; and/or (c) in the case of
damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i)
replace or repair the Product upon You returning the Product; or (ii) refund the price paid in
respect of any Products found to be damaged or defective.
10. LIABILITY LIMITATION
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE
POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR
ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER
LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE
MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 Alukard Keto-5, in its sole discretion, shall not be liable for a chance occurrence
or unavoidable or uncontrollable accident beyond either parties control that prevents our ability to
fulfill obligations under the contract.
11. THIRD PARTY RIGHTS
11.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made
against Us as a direct or indirect result of us performing Services or carrying out any work on or
to the Products where this has been done to Your (or Your representative's) specific requirements or
specifications causing an infringement or alleged infringement of any proprietary rights of any
third party.
11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the
Products or Services infringing or being alleged to infringe the proprietary rights of any third
party. In the event that the Products are or may be the subject of patent, copyright, database
right, registered design, trademark or other rights of any third party, You should refer to the
relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to
You only such right or title as we have
12. WARRANTY "AS IS" IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE
MANUFACTURER WITH THE PRODUCTS.
12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data
and other information on the Site or made available by Us are intended to represent no more than a
general illustration of the Products and do not constitute a warranty or representation by us that
the Products will conform with the same. You must refer to the manufacturer's specifications or
warranty documentation to determine your rights and remedies in this regard.
12.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the
Products supplied and should refer to the relevant documentation supplied with the Product in this
regard.
12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are
found to be defective will (except where agreed otherwise) be negated or rendered void where:
12.3.1 Products have been repaired or altered by persons other than the manufacturer, us or any
authorized dealer; and/or
12.3.2 Defective Product or Products have not been returned together with full details in
writing of the alleged defects within 30 days from the date on which such Products were delivered;
and/or
12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or
maintenance or installation, or failure to observe any manufacturers' instructions or other
directions issued or made available by us in connection with the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE MAKE NO EXPRESS WARRANTIES OR
REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 By clicking “ORDER NOW,” I am agreeing to receive text messages from Alukard Keto-5 and
business partners. I provide my signature expressly consenting to recurring contact from Alukard Keto-5 or its business partners at the number I provided regarding products or services via
live, automated or prerecorded telephone call, text message, or email. I understand that my
telephone company may impose charges on me for these contacts, and I am not required to enter into
this agreement as a condition of purchasing property, goods, or services. I understand that I can
revoke this consent at any time. Terms & conditions/privacy policy apply. For SMS campaigns: Text
STOP to cancel and HELP for help. Msg & data rates may apply. Recurring msgs up to 9 msgs per month.
13.2 If any license or consent of any government or other authority is required for the
acquisition, carriage or use of the Products by You, You shall obtain such license or consent at
your own expense and if necessary produce evidence to us on demand. Failure so to do shall not
entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred
by us resulting from such failure shall be met by you.
13.3 Products licensed or sold to you under these Conditions may be subject to export control
laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use
them. You shall be responsible for complying with those laws and will not do anything to breach
them.
13.4 Items entering the European Economic Area (EEA) from outside over a certain value may be
subject to customs charges (e.g. where costs are in excess of your personal import allowance). You
may be subject to customs charges, import duties and taxes, levied when the Product reaches Your
specified destination. Any such additional charges for customs clearance or import duties or taxes
must be met by You, since We have no control over what these charges are. You should contact the
local customs office in the relevant jurisdiction for further information on customs policies or
duties.
14. NOTICES
14.1 Any notice or other communications in relation to Our contract may be given by sending the same
by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has
notified in writing to the other. This will also be the address for service of legal proceedings in
the manner prescribed by law. Except as set out above in relation to cancellation of consumer
orders, such notices or communications (where properly addressed) shall be considered received:
14.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if
this is not a working date, the first working date thereafter);
14.1.2 If posted, 5 working days after the date of posting;
14.1.3 If sent by email, on the earliest of (i) the email being acknowledged by the recipient as
received; (ii) receipt by the sender of an automated message indicating successful delivery or the
email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the
sender has not received notification of unsuccessful transmission.
15. PERSONAL INFORMATION AND YOUR PRIVACY
15.1 We will observe applicable data protection laws and will not use information that does or can be
used to personally identify You ("Personal Data") other than as set out in Our Privacy Policy
("Privacy Policy"). By submitting Your Personal Data in relation to Your order, You consent to such
Personal Data being processed to fulfill Your order and in accordance with such Privacy Statement.
16. GENERAL
16.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make
over Your rights under these Conditions. Any purported assignment shall be null and void.
16.2 We shall not be liable to You nor held in breach of contract for any loss or damage which
may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the
performance by reason of any circumstances beyond Our reasonable control including (but not limited
to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood,
storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or
machinery, interruption in the supply of power, Internet communications, or materials and in such
event we may elect to cancel Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel all previous contracts,
agreements and working arrangements whether oral or written, express or implied, between us. These
Conditions prevail over any other terms or conditions contained in or referred to elsewhere or
implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are
hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under
applicable law, We reserve the right to modify these Conditions without prior written notice to You
with effect for the future, subject to Your right to reject, by way of written notice, our
modifications to these Conditions with respect to any orders for which Acceptance, but not yet
fulfillment, has occurred.
16.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of
these Conditions or the granting of time by either party to the other shall prejudice or restrict
such rights and powers.
16.5 No waiver of any term or condition of these Conditions shall be effective unless made in
writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a
waiver of any subsequent breach or condition.
16.6 If for any reason We determine or a court of competent jurisdiction finds that any
provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable
law in a particular jurisdiction:
16.6.1 These Conditions will not be affected in other jurisdictions to the extent that such
determination or finding has no application; and
16.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent
permitted by law) will continue in full force and effect.
17. GOVERNING LAW
17.1 The construction validity and performance of these Conditions shall be governed by US Law and
You agree to submit to the exclusive jurisdiction of the US Courts, in the event of legal
proceedings arising from any dispute; The language of any dispute resolution procedure or any
proceedings will be English.
18. DETAILED WIRELESS POLICY
Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We may use personal information to provide the services you've requested, including services that display customized content and advertising. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. You may opt-out and remove your SMS information by sending "STOP", "END", "QUIT" to the SMS text message you have received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. We may also use personal information for auditing, research and analysis to operate and improve our technologies and services. We may share aggregated and non personal information with third parties outside of Alukard Keto-5. When we use third parties to assist us in processing your personal information, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services. You may remove your information from our database. If you remove your information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to or by sending "STOP", "END", "QUIT" to the SMS text message you have received.