TERMS OF PURCHASE Effective as of January 1, 2017 These Purchase Terms and Conditions (“Purchase Terms”) apply to your purchase of any Nutricia products or services from Neocate.com (the “Site”). As used herein, “Nutricia” or “we” refers to Nutricia North America, Inc. Your use of the Site is subject to our Site’s Terms of Use and Privacy Policy. You must be at least 18 years of age (or the age of majority in your state of residence) to make a purchase from the Site. We may update or change these Purchase Terms at any time with or without notice to you, except that we will not change pricing terms valid at the time of purchase without first notifying you and giving you a reasonable opportunity to cancel your purchase. You agree that product purchased on the Site is intended for personal household consumption only and not for resale to other individuals or entities. As a result, you are limited to purchases that total no more than $10,000 in a calendar year. If you intend to purchase products for resale, you must contact us at 1-800-365-7354 and establish a commercial trade account. You agree that you shall not directly or indirectly resell the products purchased on the Site to any person or entity that is located outside of the United States or its territories, or to any person or entity that may attempt to directly or indirectly export the products outside the United States or its territories. You understand and agree that most of Nutricia’s products are intended for use under medical supervision. You agree to review the information on the product labels and abide by all instructions for product use and storage. IMPORTANT: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE SITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF ANOTHER PERSON. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY. REGISTRATION In order to purchase products on the Site, you must either create an account or provide certain personal information, such as your name, shipping information, billing information, email address and, if you create an account, a password will be required to create your login profile. You might also be asked to provide certain other personal information about yourself and your need for Nutricia products. All information that you provide to Nutricia is subject to our Privacy Policy. You are responsible for keeping your account information up-to-date, and for protecting the confidentiality of your account username and password. We may terminate your account, without notice, for conduct we believe violates these Purchase Terms or our policies, is harmful to our business interests, or for an inactive account. As a user of the Site, you may receive promotional materials and other email communications about our products and services from time to time. You may opt-out of receiving special promotions or other email communications by using the unsubscribe link that is provided in the applicable e-mail correspondence. ORDERS All orders are subject to Nutricia’s acceptance and Nutricia may reject or cancel an order in its sole discretion or require customers to contact Customer Service at 1-800-365-7354 before accepting or fulfilling an order. BILLING AND PAYMENT We accept the following credit cards at this time: Visa, MasterCard, and American Express. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Nutricia the right to store and process your information with the third party payment service. In addition, you agree that Nutricia will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may change the third party payment service at any time and move your information. Your credit card on file will automatically be charged after you submit your order and every time an auto reorder (if applicable) is placed. If your payment method reaches its expiration date or is invalid for any other reason, your order will not be shipped until you have updated your account with valid payment information. AUTO REORDERS You can opt to receive auto reorders. BY DOING SO, YOU ACKNOWLEDGE THAT YOUR ORDER HAS AN INITIAL AND RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OR THE EXPIRATION OF THE AUTO REORDER TERM, WHICHEVER OCCURS EARLIER. You may cancel (or disable) your auto reorder at any time on the Site or by contacting us at 1-800-365-7354. In order to avoid any future charges, you must cancel your auto reorder before the next shipment date. IF YOU DO NOT CANCEL YOUR AUTO REORDER PRIOR TO THE NEXT SHIPMENT DATE, YOU WILL BE CHARGED FOR THAT DELIVERY OF PRODUCT TO YOU. Detailed Auto Reorder instructions can be found here SHIPPING POLICIES The cost for shipping and handling is calculated and displayed on the checkoutb page before you complete your purchase. Unless otherwise noted, we will use commercially reasonable efforts to ship your products within a reasonale time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Site are delivered to the shipping address that you provide and a signature will NOT be required upon delivery. Items will be left at the shipping address so you should consider this when placing orders. The risk of loss and title for all items passes to you upon our delivery to you. We may reject orders where the stated delivery address is outside the United States. RETURNS Before returning any product, you must first obtain a Returned Merchandise Authorization (RMA) number. An RMA number can be obtained by contacting a Customer Service Representative at 1-800-365-7354 (Mon-Fri, 8:30am – 7:00pm, ET). It is important that the RMA number is clearly written on the outside of the box. We cannot accept returned packages without an RMA number (they will probably be returned to you). You are responsible for arranging shipment of the product back to Nutricia. You may use UPS, FedEx, or any other ground parcel carrier of your choice. If you are returning an item that is defective or shipped in error by the Site, we apologize for your inconvenience. We will reimburse you the delivery costs and the cost to ship the product back to us. For any other return, you are responsible for the original delivery costs and the return shipping expense. Your credit card will be credited back once the product has been received by our warehouse, but a 20% restocking fee will be charged for all product returns. IN ORDER TO RECEIVE AN RMA: Product must have an expiration date greater than 3 (three) months upon receipt at our warehouse. All cases must be complete, intact and in good condition. Product must be repackaged in an outer box with packing material. No additional markings or labels should have been added to the case or product. Lot number of returned product must be the same as the lot number originally shipped. OTHER IMPORTANT INFORMATION We may assign, transfer, or sub-contract any of our rights or obligations under these Purchase Terms to any third party at our discretion and share information you provide to us with such third parties as necessary. No delay by us in exercising any right or remedy under these Purchase Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by us in writing. These Purchase Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. LIMITATION OF LIABILITYV Nutricia shall not be liable for any damages of any kind, including but not limited to direct, special, indirect, or consequential damages such as lost profits or data, related to your purchase of the Products on this Site. INDEMNIFICATION You agree to indemnify and hold Nutricia, our parent and affiliates, and each of our respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys’ fees and court costs) arising out of: (i) your purchase and use of the Products; (ii) your breach or alleged breach of these Purchase Terms; (iii) your use of any third party information; (iv) any information posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right. SEVERABILITY If any provision in the Purchase Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Purchase Terms shall remain in full force and effect. GOVERNING LAW These Purchase Terms are governed and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration, shall be an appropriate state or federal court located in the State of New York. VIOLATIONS A violation of these terms could result in having your online account terminated and any further orders, including Auto Reorders, cancelled. Nutricia may also prohibit you from re-registering on its website with a different name, address or email. CONTACT US If you have any questions regarding these Purchase Terms, you may contact us at 1-800-365-7354. 45 DAY SATISFACTION GUARANTEE To submit a Guarantee request, please call one of our experts at (800) 365-7354 (Mon-Fri 8:30am – 6:00pm, ET) and have information available regarding where and when you purchased your Nutricia product. If your request is approved, you will then need to mail your product, along with a proof of purchase, and your Guarantee approval number to: Nutricia North America, Inc. ATTN: Customer Service Returns 77 Upper Rock Circle #303 Rockville, MD 20850 Email: CSReturns@nutricia.com You must submit your Guarantee request within 45 days of the date of purchase. Please note that you are responsible for shipping charges in connection with mailing your product. GUARANTEE GUIDELINES Nutricia reserves the right to verify information, require a valid proof of purchase, and to deny Guarantee requests in its discretion in cases of suspected fraud or if customer has abused the 45-Day Satisfaction Guarantee. If you have any questions regarding whether a seller is an authorized Nutricia seller, please contact us at customerservice@nutricia.com or (800) 365-7354. About Neocate News Contact Privacy Policy California Privacy Policy Terms and Conditions Terms of Purchase Return Policy Satisfaction Guarantee For Healthcare Professionals Products Neocate Syneo Infant Neocate Infant DHA/ARA Neocate Nutra Neocate Junior Neocate Splash Other Nutritional Products Auto-Reorder Program Shop Where to Buy Parent & Patient Resources Neocate Footsteps Neocate Guides & FAQs Neocate Recipes Food Allergy Conditions & Symptoms Symptom Checker Living with Food Allergies Blog Patient Stories Spanish Resources Reimbursement Letters of Medical Necessity WIC Coverage Contact Us 1-800-365-7354 Live in Canada? Visit us here. Neocate® is a family of hypoallergenic, amino acid-based medical foods for use under medical supervision and is indicated for cow milk allergy, multiple food allergies and related GI and allergic conditions. Talk to your health provider to see if Neocate is right for you. © 2021 Nutricia North America. All Rights Reserved