Terms & Conditions
Last Updated: July 22, 2024
We may revise these terms and conditions by updating this language so check back regularly. By continuing to use this site after these terms have changed, you indicate your agreement with the revised terms.
This website is owned and maintained by Phytogenica™, LLC, the creators of WaistLite™.
These Terms and Conditions (the “Terms”) govern your access to and use of our website www.waistlite.com and associated webpages (the “Website”) and set out the basis upon which we sell products through the Website.
Other terms also apply to your use of the Website and they are incorporated herein by reference. These include terms which will apply to sales promotions and other special features and content which may be available on the Website from time to time and our Privacy Policy, which applies to any personal data shared on or through the Website. For more information, please see Contact Us.
By accessing or using, or by placing an order to purchase products from us through our Website you accept and agree, without limitation or qualification, to comply with these Terms. If you do not agree or wish to be bound by these Terms, you should not access or use the Website.
- TERMS OF SALE
1.1 Our Sales Contract
Each order placed with WaistLite™ through this Website shall be governed by these Terms of Sale. By placing an order to buy products through our Website you acknowledge that you have read, understood, and accepted, without reservation, these Terms of Sale as modified by us from time to time. We reserve the right to update these Terms of Sale from time to time by posting a new dated version on the Website and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. We invite you to consult these Terms of Sale on a regular basis to be informed of any such modifications, as revised versions will be binding on you. These Terms of Sale, the Terms of Use, and Privacy Policy govern to the exclusion of any conflicting terms.
You will be subject to the Terms of Sale in force at the time you place an order, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
1.2 Eligibility to Purchase
To purchase any products on or through this Website, you must: (a) be at least eighteen (18) years of age; (b) provide us with valid payment information associated with a credit, debit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit, debit card or other payment method for the price of the products that you request, together with any taxes, fees, or shipping charges described on the Website.
We sell through this Website only to consumers located in the United States (with the exception of New York). We cannot accept orders from, or deliver to, anywhere else.
The products sold on the Website are for consumer purchase only and not for resale or distribution. You represent and warrant that you are purchasing products or services through the Website for your own personal use only, and not for resale or export. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
NOTICE TO CONSUMERS IN THE STATE OF NEW YORK
New York has banned the sale of over-the-counter dietary supplements intended for weight loss and muscle building to individuals under the age of 18. The State of New York requires that the purchaser verify that they are over the age of 18 at the time of delivery of Covered Supplements, which are any supplements that are designed to help with weight loss, even plant based supplements such as green tea extract and potentially WaistLite™. Compliance with this new law poses difficulties for online retailers because we have no practical way to "age-gate" at the time of delivery, ie review a drivers' license, ID or passport. Therefore, WaistLite™ cannot be purchased through our website by anyone residing or ordering from the State of New York. New York consumers seeking to purchase WaistLite™ should do so through an authorized brick and mortar retailer and be prepared to present age verifying identification.
1.3 Order Details and Changes
The descriptions, prices, availability, and other details of the items you order are those displayed on this Website on the date you place your order subject always to the provisions set forth below.
All prices are shown exclusive of applicable taxes and delivery charges which shall be calculated at checkout. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
We always try to ensure that the descriptions, prices, availability, and other details of products shown on our Website are as accurate and up to date as possible, but our Website is a dynamic environment and occasionally genuine errors may occur. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
We may change the prices and other sales details on our Website at any time without notice to you. We will not, however, apply the new prices or details to orders we have already accepted.
Please note that the details and law surrounding the sale of any product online or otherwise may change as various government regulations change. We do our very best to comply with changing government regulations and will let you know if any changes to your order are required by changing regulations beyond our control.
You may pay for your order via Credit or Debit Card, Apple Pay and Google Pay. We may expand payment options in the future, and those options will be updated here. When paying with either method, you are confirming that you are using an account that is yours. We check for validation from the issuer. If your payment is refused by the issuer for any reason, we will not be liable for a delay or non-shipment of the product.
1.4 Returns Policy
We want you to be happy with your purchase. Products purchased from us and from authorized retailers are guaranteed for quality, purity and potency through their expiration date. Products purchased from unauthorized sellers carry no such guarantee. While our products have a suggested MSRP, our retail partners may set their own policies regarding pricing, fulfilling your order and providing returns. Additionally, products purchased from authorized sites that carry WaistLite™ will be fulfilled by third parties. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier.
If you are unhappy with your product purchased directly from our website, please contact us at contact@waistlite.com for preauthorization for return, and keep the original packaging for return to us. Once a return request has been made and we have received the original product packaging, we will arrange for an appropriate refund. Please note that shipping and handling fees are not refundable. Any item you have accepted and then return is your responsibility until it reaches our warehouse, and we shall not be liable for any loss, damage or costs incurred by you in the event your return is lost in transit. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the products.
1.5 Limitation of Liability
Without limiting the scope of these Terms of Sale, and to the extent permitted by applicable law, our liability for losses you suffer as a result of our breach of these Terms of Sale or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
Note that all statements and claims made on the website have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
1.6 Force Majeure
Phytogenica™, LLC and WaistLite™ will make every reasonable effort to fulfill their obligations. However, we shall not be held responsible or liable for any failure or delay to deliver, when and to the extent such failure or delay is caused by or results from circumstances beyond its reasonable control ("Force Majeure Events"). Such Force Majeure Events include, without limitation, strikes and industrial action by third parties, supply chain shortages, civil commotion, riots, wars, natural catastrophes and serious weather incidents, telecommunication breakdowns, power outages, and any other events that make impracticable or impossible the production, transportation, or delivery of products. In the event of delay caused by a Force Majeure Event, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. We will perform our obligations as soon as reasonably possible, and we reserve the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to Force Majeure Event, you may cancel your purchase. To cancel, please contact us.
- TERMS OF USE
2.1 Acceptance and Changes to our Terms of Use
When you access and use our website, including any content, functionality and services offered therein, you accept our Terms of Use. When you access, browse and use our site, you acknowledge that you have read, understood and accepted our Terms of Use, which we may modify periodically. Any modifications will be available on our website.
2.2 Intellectual Property
All content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes (collectively, “Content”) are the property of Phytogenica™, LLC or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided in Section 2.3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such Content of our Website.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to Phytogenica™, LLC or are used with permission. Nothing contained on the Website and these Terms of Use shall be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Phytogenica™, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
2.3 Ways You Can Use Our Website
You may download, display or print the Content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the Content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Phytogenica™, LLC . Phytogenica™, LLC neither warrants, nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
2.4 Reviews
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display or remove the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.5 Information Deemed Non-Confidential
Any personally identifying data and information that you may send via the Internet to our Website is protected and treated according to our Privacy Policy.
Any other information or material communicated to Phytogenica™, LLC and/or WaistLite™ through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Phytogenica™, LLC and/orWaistLite™ and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Phytogenica™, LLC and/or WaistLite™ are free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Phytogenica™, LLC and/orWaistLite™ use will not violate any third party’s rights.
2.6 Fitness, Nutrition, and Health Information
Information presented on this Website is intended to impart general supplement information. Neither WaistLite™ nor Phytogenica™, LLC are engaged in rendering medical advice or services and submission of information to the Website and use of any services available on the Website does not create a doctor-patient relationship. THE INFORMATION PRESENTED ON THIS WEBSITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. NONE OF THE STATEMENTS HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. PRODUCTS SOLD ON OUR WEBSITE ARE NOT INTENDED TO CURE OR PREVENT ANY DISEASE. You should consult your doctor for medical advice or services. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
2.7 Text Message Service Terms & Conditions
By Opting In to a Text Message Service:
You authorize Phytogenica™, LLC and/or WaistLite™ to use automated and non-automated technology to send text messages to the cell phone number that you’ve shared when opting in, or which you’ve provided to us in connection with your account. You also authorize Phytogenica™, LLC and/or WaistLite™ ™ to include marketing content in any such messages. You do not have to opt-in or agree to opt‑in as a condition of purchase.
After opting in, in addition to our main messages, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.
You are signing your Opt-In to the Text Message Service:
You confirm that you are the account holder of the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
You consent to the use of an electronic record to document your opt-in. To withdraw that consent, request a free paper or email copy of the opt-in, or to update our records with your contact information, please email contact@waistlite.com. To view and retain an electronic copy of these Terms & Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
About the Text Message Service and Opting Out
Message and data rates may apply. Unless otherwise noted, our text message campaigns send multiple, periodic recurring messages. Phytogenica™, LLC and/or WaistLite™ may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. You also can opt out by replying to our text with STOP or CANCEL. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in our Privacy Policy.
2.8 Limitation of Liability
By accessing, using, browsing and navigating on our Website:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorize us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
You recognize and accept that, to the fullest extent permitted by applicable regulations, neither Phytogenica™, LLC or WaistLite™,nor any of their affiliates or subsidiaries, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Phytogenica™, LLC and/or WaistLite™), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or Content.
All materials which are downloaded or obtained by any other manner during the use of our Website is at your own risk and peril. Phytogenica™, LLC and /or WaistLite™ assume no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from the Website, or for any illegal intrusion or intervention in the IT systems.
Phytogenica™, LLC and/or WaistLite™ reserve the right to interrupt or discontinue any or all the functionality of the Website, and furthermore, accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website resulting from actions or omissions of Phytogenica™, LLC and/or WaistLite™ or any third party.
3. GOVERNING LAW; DISPUTE RESOLUTION
The Terms and any dispute arising under the Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Mississippi, without regard to its choice of law rules. In the event of a dispute over the terms or performance of the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts of Alcorn County, Mississippi.
4. GENERAL
These Terms constitute the entire agreement between you and Phytogenica™, LLC and/or WaistLite™ with regard to your use of our Website and Content and purchases made by you through our Website and supersede any and all other written or oral agreements or understandings previously existing between you and Phytogenica™, LLC and/or WaistLite™. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be modified or deleted to the extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Phytogenica™, LLC and/or WaistLite™ in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Phytogenica™, LLC’s and/or WaistLite™ ‘s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
5. HOW TO CONTACT US
If you have any questions about these Terms or the practices described herein, you may contact us at contact@waistlite.com or by mail to:
Phytogenica™, LLC
239 CR 206
Corinth, MS 38834