Policies

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. These Terms and conditions which include the Policies listed below, the Testimonial Terms and Conditions, and Customer Agreement govern your use of this Web Site and any order or purchase you (the individual agreeing to these Terms and Conditions and the entity on whose behalf the individual agrees to these Terms and Conditions, “you”) make on this Web Site operated by Metagenics Canada, Inc. (“Metagenics” or “we”).  These Terms and Conditions constitute a legal agreement between you and Metagenics; by using this Web Site and/or proceeding to place an order, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, you must cease use of this Web Site. Please print a copy of these Terms and Conditions for your records. If you are an individual accessing this Web Site and/or placing an order on this Web Site on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions. These Terms and Conditions include the following Metagenics policies that Practitioners agrees to comply with:

Geographic Scope

This Web Site is intended for use by users in Canada, and products purchased on this Web Site will only be shipped to Canadian addresses. You may only resell the products purchased on this Web Site to patients located in Canada.

Order Process

All advertisements on this Web Site are invitations to purchase and not offers to sell.  Metagenics reserves the right, at its sole discretion, to accept or reject your order once your order has been completed and submitted to Metagenics. 

While it is Metagenics’ practice to confirm orders by email to the e-mail address associated with your order, this e-mail is a confirmation that your order has been received by Metagenics but does not constitute acceptance of your order.  Metagenics reserves the right at any time after receipt of your order to accept or decline your order for any reason and Metagenics will contact you at the e-mail address provided in the order form of its decision to accept or reject your order.  In the event that Metagenics rejects the order, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order. Metagenics reserves the right, without prior notice, to limit the order quantity on any Order. Metagenics also may require verification of information prior to the acceptance and/or shipment of any order.

You agree to pay Metagenics the amount set out as the “Order Total” in your order summary (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes which you are responsible for paying.  

If this is your first order on Metagenics.com/ca, please contact us (800-268-6200) following order placement to confirm payment terms and provide a credit card if required.

You will receive an email with further instructions if we require updated payment or account information to process your order.

Orders containing 11 or fewer bottles of probiotics will be charged a fee of $3.50 for refrigeration. When 12 or more bottles of probiotics are purchased, the refrigeration fee is waived.

Please note that communication from Metagenics may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Metagenics to your address book or list of authorized senders and monitor your junk mail regularly.

Availability

The purchase of products on this Web Site is subject to availability.  In the event that Metagenics advises you that such products are no longer available, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order.  If you have already paid for the order, your only remedy is to receive a refund of the amount paid by you to Metagenics for the order.

Method of Payment

You agree to comply with the Metagenics Credit Policy.

You also agree to the terms and conditions of the Customer Agreement.

For payments made using credit cards, you authorize Metagenics (and Metagenics’ designated payment processor) to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card.  If your card is rejected by the card issuer, your order will not be shipped and Metagenics will have no obligation to fulfill your order.  

You also authorize Metagenics (and Metagenics’ designated payment processor) to collect and store your credit card number, along with other related transaction information for use in connection with your current order and future purchases made through your account.

If you pay by credit card, Metagenics may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Fee.

Metagenics will bill your card at the time of purchase or shortly after. If you cancel a transaction before completing it, that pre-approval may result in your funds not otherwise being immediately available.

Shipping

Same day shipping: Products in stock on orders placed prior to 3:00 PM on a business day generally ship the same day. Orders placed after 3:00 PM may ship the following business day.

Transit time: Shipping, delivery, and package movement only occurs on business days. This applies to all orders, including those where Overnight upgraded shipping is requested. We do not ship to P.O. Boxes.

Refrigerated products: Orders containing refrigerated items, which in warmer climates include soft gel, probiotic, bar, and soft chew products, ship on Mondays, Tuesdays, and Wednesdays.

Business days exclude Saturdays, Sundays and statutory holidays observed by Metagenics.

Returns

You agree to the terms and conditions applicable to returns set out in the Metagenics Return Policy.

Your Account and Password

When you are setting up your account and/or making a purchase, you must provide Metagenics accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify Metagenics immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by Metagenics (or anyone else) due to the unauthorized use of your account.

Privacy

For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, read Metagenics’ Privacy Policy. Please print a copy for your records.

Compliance with Laws/Requirements

It is your responsibility to comply with all applicable local, provincial, federal and international laws and requirements in regard to your use of this Web Site and your purchase of products on this Web Site and any resale thereof.  This includes ensuring that you comply with any conflict of interest or code of ethics rules or other policies or requirements governing your practice or profession, including complying with any disclosure requirements.

Testimonials

All testimonials that you provide to us will be subject to the Testimonial Terms and Conditions. Please read them carefully.

Disclaimer of Express and Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, METAGENICS AND ITS AFFILIATES HEREBY DISCLAIM ALL LEGAL, EXPRESS, AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL METAGENICS AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOSS OF PROFITS OR BUSINESS OPPORTUNITY), EVEN IF METAGENICS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law & Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions will be governed by the laws of Ontario and the laws of Canada applicable therein, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. The parties irrevocably attorn to the jurisdictions of the courts of Ontario in respect of all disputes, proceedings or actions relating to these Terms and Conditions. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. 

Severability, Waiver and Assignment

If any provision of these Terms and Conditions are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of Metagenics to enforce any part of these Terms and Conditions shall constitute a waiver of any of Metagenics’ rights under these Terms and Conditions. All waivers by Metagenics must be in writing and signed. You may not assign these Terms and Conditions and/or your order or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of Metagenics. Any such purported assignment or delegation by you without the prior written consent of Metagenics will be null and void and of no force and effect. Metagenics may assign these Terms and Conditions or any rights hereunder without your consent and without notice.

Changes to the Terms and Conditions

Metagenics may at any time modify these Terms and Conditions, including any policy, terms and conditions and agreement incorporated therein:

If you have an account on this Web Site, Metagenics will provide you notice of such modification via e-mail or mail to the e-mail address or the mailing address associated with your account. Your use of this Web Site following such notice shall be deemed to be acceptance of such modifications.  If you do not agree to any such modifications, you must immediately contact Metagenics to cancel your account and cease using this Web Site.

For users of this Web Site that have not set up an account, Metagenics will make available the updated Terms and Conditions, Policies, Testimonial Terms and Conditions and Customer Agreement on this Web Site. Your access or use of this Web Site following such posting will be deemed to be acceptance of such modified document(s).  If you do not agree to any such modifications, you must immediately cease accessing and using this Web Site. You acknowledge and agree that it is your responsibility to review the Terms and Conditions (and all policies, agreements and terms and conditions incorporated therein) each time you access this Web Site.

Termination

Metagenics may terminate your right to use this Web Site at any time with or without notice. 

Provisions of these Terms and Conditions relating to Geographic Scope; Your Account and Password; Compliance with Laws/Requirements; Testimonials (and the terms and conditions incorporated therein); Disclaimers of Warranties; Limitation of Liability; Applicable Law and Jurisdiction; Severability, Waiver and Assignment; Termination; Language; and Entire Agreement; and your obligation to comply with the Credit Policy, the Internet Policy and Metagenics’ Copyright Policy and Disclaimers, and the Customer Agreement will survive such termination.

Language

It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

Entire Agreement

These Terms and Conditions (which include the Policies incorporated herein, the Testimonial Terms and Conditions and the Customer Agreement) and your invoice/order constitute the entire agreement between you and Metagenics with respect to your use of this Website and your purchase on this Web Site and supersede all previous agreements, understandings and representations relating thereto. Notwithstanding the foregoing, if you have entered into an E-Commerce Agreement with Metagenics, the terms and conditions of the E-Commerce Agreement also apply to you.  In the event of any inconsistency between the E-Commerce Agreement and these Terms and Conditions, the wording of the E-Commerce Agreement shall prevail.

How to Contact Metagenics

Phone: (800) 268-6200
Email: [email protected]

Metagenics Internet Policy

Effective Dates:
October 1, 2018 - until further notice

Affected Customers:

  • Canadian customers
  • Customers selling predominantly online to Canadian end-users and who have limited-to-no direct practitioner-patient relationship
  • Does NOT apply to Customers’ sales of Bariatric Advantage products
Suggested Retail Pricing (No Direct Practitioner-Patient Relationship)

The Suggested Retail Pricing (“SRP”) Policy of Metagenics, Inc. (“Metagenics”) applies to all of Metagenics’ Customers selling its professional lines of products with the Metagenics logo or name on the label to end-users outside of a direct practitioner-patient relationship and requires such Customers to sell such products at or above the SRP as noted in the “Customer-Non-Patient Price List”. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, or price reductions resulting in a price below SRP must explicitly state, “Not valid on Metagenics’ products” and products must check-out at SRP or higher.

The Suggested Retail Prices are unilaterally set by Metagenics and are not open to discussion or negotiation with any Customer. Metagenics neither seeks (nor will it accept) any assurances from a Customer that such Customer will not deviate from this SRP Policy. 

Metagenics reserves the right to not sell or supply products to any Customer who is affiliated with a website that violates this SRP Policy.

Any publicly-viewable website reference or inference to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Metagenics products will be deemed to be a violation of this policy and grounds for immediate suspension of affiliated Customer’s account(s).

Customer-owned websites/domain names must be registered to the individual or the business name of the practitioner or Customer who is purchasing products from Metagenics.

Notice

Metagenics reserves the right to not sell or supply its products to Customers, practitioner-Customers and Distributors who are not in compliance with Metagenics’ Internet Policies or who are selling or supplying Metagenics products to individuals or entities that are not in compliance with Metagenics’ Internet Policies.

Third-Party Sites

Metagenics’ policy is for all of its Customers selling Metagenics  products on-line to sell only on Customer-owned or Metagenics-hosted E-Commerce  websites. Metagenics does not authorize or permit sales of its professional lines of products on third-party websites (such as Amazon.com, eBay, and similar sites).

Metagenics reserves the right to not sell or supply products to any Customer who sells Metagenics products on third-party websites.

Metagenics will pursue the removal of unauthorized listings on third-party sites. Metagenics expects Customers selling Metagenics products to cooperate with requests related to third-party sites and investigatory inquiries.

Business Partners/Affiliate Programs

Metagenics products may not be re-sold or re-distributed by a Customer to affiliates or business partner of the Customer without Metagenics’ knowledge and prior written consent, which may be withheld in Metagenics’ sole discretion.

Payments for “click-throughs” or referral fees for the sale of a Metagenics product are prohibited.

Use of Trademarks

Customers shall not have the right to affix any of Metagenics’  trademarks to any product or other material other than in the manner permitted in this Policy. Customers agree to use the symbols and ©, as appropriate, when displaying Metagenics trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim of ownership by the Customer. Customers shall not have any ownership right, title, or interest, express or implied, in Metagenics trademarks.

Customers may not use Metagenics trademarks (or copyrighted material) on third-party websites (such as Amazon, eBay, and similar sites). Metagenics trademarks may be used on social media websites (such as Facebook, Twitter, and similar sites), as long as usage complies with all other aspects of this Policy.   

Customers may not use Metagenics trademarks to purchase online advertising or as key words for paid advertising purposes.

Customers who choose to use Metagenics trademarks on their websites must do so in a manner that prevents the trademarks from being searchable or “crawled”, so as to prevent the website or webpage from appearing in search engine results.

The trademarks are solely and exclusively the property of Metagenics. 

Customers may use the Metagenics trademarks only in their current form, and in a form, context, and location that is acceptable to Metagenics.  Metagenics may review a Customer’s website at any time. Metagenics reserves the right to require a Customer to make changes to the Customer's website to the extent the Customer is using the Metagenics trademarks in a manner that violates Metagenics’ policies, any applicable Health Canada regulations, or any other applicable laws or regulations. 

Customers may not use any Metagenics product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, key word or file name.

All content included on Metagenics’ websites, including text, graphics, images, video clips, and audio clips, is the property of, or licensed by Metagenics and is protected by U.S. and international copyright laws. A Customer may not use, copy, reproduce, distribute, publish, display, modify, create derivative works, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Metagenics, which may be withheld in Metagenics’ sole discretion. Content posted on Metagenics’ social media pages may be freely shared or re-posted.

The Metagenics logo may be used only in the special form supplied by Metagenics for use on Customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. The Metagenics logo may be accompanied by a statement indicating “I (We) proudly offer [insert Metagenics Company Logo] products.” No other statements may be affiliated with use of the logo.

Private Label, Custom Formula & Co-Branded Products

Customers may sell private label, co-branded, and custom-formula products on Customer-owned websites. Private label and custom-formula products may not be associated with Metagenics’ trademarks. 

Private label products that use Metagenics trademarks may not be sold on third-party websites (such as Amazon.com, eBay, and similar sites).

Health Claims

In an effort to protect you and us from potential legal liability due to the clear requirements of Health Canada with regard to health claims associated with natural health products or other products, only claims present on Metagenics product labels may be made or associated with Metagenics products and any such claims or any other promotion of Metagenics products must be made in compliance with all applicable laws. Metagenics may review Customer’s Web site at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics in association with any health claims, even if Metagenics has previously approved or accepted Customer’s Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site at any time to the extent Customer is using the Trademarks in a manner that violates applicable laws or regulations, or Metagenics policies. 

Miscellaneous

Metagenics may, in its sole discretion, revise this Policy at any time.  In addition, Metagenics may, in its sole discretion, terminate a Customer's non-exclusive, limited license to use Metagenics trademarks or copyrighted materials at any time upon written notice.          
Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights with respect to any of the trademarks shall in no way be considered a waiver of such provisions or rights and shall not prevent Metagenics from enforcing the same or other provisions or rights at a later date. 

Violations of Policy

Customers who violate this Policy will receive written notice from Metagenics that they are in violation of the Policy.  If a Customer fails to bring the Customer’s website into compliance, Metagenics may de-activate the Customer’s account and the Customer will no longer be able to purchase Metagenics products.  In addition, the Customer will be required to immediately cease all use of Metagenics’ trademarks and copyrighted materials on the Customer's website and on the Internet. 

Customers who correct their websites to comply with this Policy should promptly notify Metagenics.  Metagenics then will review the Customer's website.  If Metagenics determines that the Customer has brought his or her website into compliance, the Customer's account may be re-activated.  Re-activation, however, is at the sole discretion of Metagenics.   

Metagenics has adopted a zero-tolerance approach regarding enforcement of this Policy.  Once a Customer has fallen out of compliance with this Policy and has received a notice from Metagenics, in the event of any subsequent violation, Metagenics reserves the right to immediately terminate the Customer’s account.  In order for the Customer to continue any relationship with Metagenics, the Customer may be required to acquire and maintain an online store through Metagenics.com.

Metagenics' Copyright Policy

Thank you for visiting Metagenics' web site. The content, arrangement and layout of this web site, including, but not limited to, the trade-marks, logos, images 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 reproduction or use of the content, arrangement or layout of the web site, or the trade-marks found in the web site may violate civil or criminal laws, including, but not limited to, copyright and trade-mark laws.

Disclaimer

The information provided in this web site must not be construed as medical advice or used as a substitute for medical advice or for diagnosis or treatment. It is merely for educational purposes, and its completeness or accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have. You should not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.

This web site may contain links or references to third party web sites.  These links are provided for your convenience only.  No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this web site.  Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics or its affiliates.  Your use of such third party web sites is subject to the terms and conditions of use and the privacy policies of such web sites.

NFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Metagenics' Customer Policy

To ensure proper use of Metagenics' high quality nutriceuticals, we sell to 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 at: (949) 226-5860.

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 health care professional locator list, please contact our office.

Return Policy

Your complete satisfaction is our goal. We are committed to providing you with quality products and outstanding customer service to support your life-long nutritional health. However, should our products or service ever fail to meet your expectations, we are committed to ensuring your satisfaction.

Our return policy is simple and it is the same for Opened and Unopened packages:

 

  • If, within 60 days of your purchase, you return a product (whether opened or unopened), we will issue a full refund.
  • You will not be charged a restocking fee on your return.
  • Your return must be accompanied by a Return Authorization (RA) number. Prior to returning your product, log onto your online account or contact Metagenics Customer Service to obtain your RA number.
  • Your refund will be processed in the same method as your original payment, once the product is received by Metagenics.
  • We cannot accept returns of expired or discontinued product.
  • You are responsible only for the shipping charge to return the product (a $5 flat fee).

 

You may process your return by logging onto your Metagenics online account or by calling Customer Service.

Patients who place orders at their practitioners’ offices should handle returns through their practitioners, not through Metagenics.

Patients who place orders with a practitioner via the practitioner’s online store should handle their returns either online or by calling Customer Service.

The above Policy applies to products purchased directly from Metagenics by North American retail customers after August 1, 2019. Metagenics reserves the right to administer and interpret the Policy in its sole discretion. The Policy is subject to change without notice.