TERMS OF USE AND CONDITIONS OF SALE
Thank you for visiting Pureclinica (“we”, “us”, “our”). This website, www.pureclinica.com and any of its subdomains (the “Website”), is operated commercially by Kinetic Forward LLC under a brand licensing and services arrangement. The term “Pureclinica” is a brand name used on the Website under arrangement with its owner as described below.
These Terms of Use and Conditions of Sale (the “Terms”) explain the rights and responsibilities of both you and the applicable seller of record when you access or use the Website and when you purchase products through the Website.
1. This is a Contract
These Terms, together with our Privacy Policy and Shipping & Returns Policy (collectively, the “Policies”), constitute a legally enforceable agreement (the “Agreement”) between you and the seller of record for your purchase, as identified at checkout, including any affiliated service providers supporting the operation of the Website. This Agreement governs your access to and use of the Website, the products and services offered through the Website, and any orders you place through the Website, by telephone, or by any other accepted purchase method.
By visiting the Website and/or purchasing products from us, you agree to be bound by these Terms and the Policies referenced herein and/or available by hyperlink.
2. Brand, IP Ownership and Entity Relationships
For clarity regarding the parties and intellectual property:
a) Website operator
The Website is operated commercially by Kinetic Forward LLC (United States) under a brand licensing and services arrangement. Kinetic Forward LLC provides technical, operational, and marketing services in connection with the Website platform.
b) Seller of record
The seller of record for purchases made through the Website depends on the customer’s delivery location:
• For customers located within the European Union, purchases are made from Pureclinica EU OÜ as the seller of record and responsible food business operator for products placed on the EU market.
• For customers located outside the European Union, purchases are made from Kinetic Forward LLC as the seller of record.
The applicable seller is disclosed during the checkout process and in order confirmation communications.
c) Brand and intellectual property owner
“Pureclinica” is a brand name and related intellectual property owned by Pureclinica EU OÜ. Use of the brand on the Website may occur under commercial licensing and service arrangements.
d) Supply relationship
The seller of record may purchase inventory and/or finished goods from approved suppliers and affiliated entities for resale through the Website, including wholesale supply arrangements where applicable.
e) Customer service provider
Customer service for the Website may be performed by Pureclinica EU OÜ or other authorised service providers acting on behalf of the seller of record. Communications from customer service (including responses from sales@pureclinica.com or similar addresses) may be sent by personnel supporting Website operations. The seller of record remains responsible for all sales made through the Website and for performance of this Agreement.
f) No partnership or agency
Nothing in these Terms creates a partnership, joint venture, employment, or ownership relationship between Kinetic Forward LLC and Pureclinica EU OÜ. Pureclinica EU OÜ may act as a supplier and/or service provider where applicable.
3. Website Use
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence. You affirm that you have the legal capacity to enter into a binding contract with the applicable seller of record, being either Pureclinica EU OÜ (for EU customers) or Kinetic Forward LLC (for non-EU customers), and that you have read, understand, and agree to this Agreement.
4. General Conditions and Restrictions
All aspects of the Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any materials on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner, including but not limited to hacking, publishing obscene or defamatory material, or engaging in any unlawful activity.
5. Personal Information
Your submission of personal information through the Website and online store is governed by our Privacy Policy, which is incorporated into this Agreement by reference.
6. Accuracy, Completeness, and Timeliness of Information
We strive to provide accurate and current information but do not guarantee that all information is error-free. We reserve the right to correct errors, update information, or cancel orders at any time without prior notice.
Statements on this Website have not been evaluated by the Food and Drug Administration.
6.1. Modifications to Website and Prices
We reserve the right at any time to modify or discontinue access to the website (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of access to the website.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this website is void where prohibited.
We reserve the right to discontinue or change – at any time, without prior notice and without incurring any liability to you – product formulations, as well as product specifications, the content, and messaging related to any product on the website. We take reasonable precautions to keep the website accurate and current. However, we do not guarantee that product descriptions are accurate, complete, reliable, current, or error-free, or that the product packaging, specification, and formulation of the product you received will correspond to the information on the website. Please see our Returns Policy for further information.
7. Order Placement and Acceptance
When you place an order for a product, we require receipt of payment before your order can be accepted. If any necessary information is missing or inaccurate, we may request additional details and reserve the right to cancel or limit an order at any time after it has been placed.
Upon receiving your authorized order and verifying the payment, we will promptly proceed to prepare your order for shipment or delivery. Please note that all items are subject to availability. If any item becomes unavailable, we will notify you of the situation along with the expected availability date. In such cases, we may offer you an alternative product. Should you prefer not to substitute the product, upon your request, we will cancel the order. If payment has already been processed, your credit card will be fully refunded for that specific order.
Orders from dealers, wholesalers, or customers intending to resell are not accepted. Any inquiries from dealers, wholesalers, or resellers should be directed to sales@pureclinica.com.
7.1 Resale of Pureclinica branded products
Reselling Pureclinica branded products without written authorization and a notarized contract from Kinetic Forward LLC is prohibited.
This includes resale on Amazon, TikTok, eBay, or any other platform.
Violations will incur a penalty of $10,000 or 10 times the revenue generated, whichever is greater.
8. Shipping
Shipping fees are added at checkout. Delivery times are estimates only.
The seller of record is not liable for delays caused by carriers. Risk of loss transfers upon delivery to the carrier.
We may reject orders to addresses outside the USA, EU, or UK.
Certain products may not be available for purchase or delivery in all regions due to local regulatory requirements. Availability will be reflected at checkout.
9. Returns
Returns are governed by our Shipping & Returns Policy.
10. Subscriptions
When visiting the website, you may choose to purchase a product one time or opt for our Subscription plan. In the Subscription plan, your payment card is automatically charged at intervals chosen by you to replenish your supply until canceled. You have the flexibility to determine the replenishment frequency, whether every 30, 60, 90 or 180 days, and your payment card is billed accordingly before each shipment until cancellation.
IF YOU ARE ENROLLED IN THE SUBSCRIPTION PLAN AND HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT TO THE PAYMENT METHOD YOU PROVIDED. YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME BY EMAILING SALES@PURECLINICA.COM.
In the event of a failed payment with a credit card, we reserve the right to attempt reprocessing the payment periodically for up to 30 days after the initial failed transaction. You agree that we may contact you via any provided phone number or email address for alternate payment information. Failure to pay for received products or services may result in collection procedures, for which you will be liable for all associated costs, including legal fees and expenses, as detailed in Section 20.4 below.
11. DMCA Notice
Copyright complaints should be sent to:
Kinetic Forward LLC
2711 Centerville Road, Suite 120
Wilmington, Delaware 19808
USA
Email: sales@pureclinica.com
If you believe that material posted on our website infringes on your copyright, you can contact our designated agent for notice of claimed infringement provided above, and we will investigate your complaint. If we, in good faith, determine that the posted material violates applicable law, we will take action to remove or disable access to it, and we will inform the party responsible for the post about its removal or blocking.
When notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work being infringed; (ii) description of the infringing material and details enabling us to locate it; (iii) your contact information, including address, telephone number, and/or email address; (iv) a statement by you asserting that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf. Failure to provide all the above-listed information may result in delays in processing your complaint.
12. Social Media
This section pertains to interactions with our social media presence, including comment sections, feeds, and other elements viewable on various external third-party social media platforms we utilize (“Social Media Presence”).
Please note that social media platforms are public spaces for information exchange, and users should not expect privacy. Our Terms and Privacy Policy do not apply to our External Social Media Presence. These third-party platforms have their own privacy policies and terms of use. Comments expressed by users on social media platforms are their own opinions and do not necessarily reflect those of Kinetic Forward LLC. Inappropriate or offensive comments may appear on our Social Media Presence until identified by us or brought to our attention for removal. If you encounter offensive or inappropriate content on our Social Media Presence, please report it to the platform operator using their established procedures.
13. Submitted Materials
Any information, ideas, suggestions, or other materials voluntarily submitted by you or at our request, such as questions sent via the website or user-generated content on our Social Media Presence (collectively, “Submitted Materials”), may be used by us in any lawful manner, with personal information portions used as described in our Privacy Policy. By providing Submitted Materials, you represent that you own or have necessary rights to do so and that the materials comply with applicable laws. You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use such materials in any form or media. We are not responsible for maintaining any Submitted Materials provided to us; therefore, it is advisable to keep copies of such data in your own records.
14. Testimonials
Testimonials may be used in marketing. Results are not guaranteed.
15. Third-Party Websites
We are not responsible for third-party websites or services.
15.1 Klarna and PayPal
We may share personal information with payment providers to process payments.
16. No Medical Advice
Kinetic Forward aims to enhance lifestyle through supplements. However, our products and website statements have not been evaluated by medical professionals or the Food & Drug Administration. They are not intended to diagnose, treat, cure, or prevent any health issues. Information on the website or in communications serves informational purposes only and should not substitute informed medical advice or care. Cease using our products if any adverse effects occur. We do not guarantee error-free product information. Product specifications and performance data are illustrative, not guarantees. Results may vary.
17. Disclaimer of Warranties
The website and offered materials and products are provided “as is” and “as available” without warranties, whether express, implied, or statutory. Kinetic Forward LLC, its affiliates, officers, directors, employees, agents, members, managers, shareholders, and representatives (“Company Parties”) disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Your sole remedy for dissatisfaction is discontinuing website or product use.
We do not guarantee uninterrupted, timely, secure, or error-free website use. We may remove the website or any product without notice. Your use of the website is at your sole risk.
18. Limitation of Liability
Kinetic Forward LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors are not liable for any damages, whether direct, indirect, incidental, punitive, special, or consequential, arising from website or product use. If liable, the seller of record’s maximum liability is either $500.00 USD or the total paid by you to the seller of record in the preceding month.. Some states do not allow certain warranty exclusions, so some exclusions may not apply.
19. Disputes
Disputes must be resolved through binding arbitration as described below.
Arbitration and Class Action Waiver
Before filing a claim, contact sales@pureclinica.com.
Arbitration will be conducted by the American Arbitration Association in New York, New York, unless otherwise agreed.
Claims must be filed within one year.
Small claims court is permitted for eligible claims.
IP disputes and injunctive relief actions must be filed in New York courts.
You may opt out of arbitration within 30 days by emailing sales@pureclinica.com.
20. Required Pre-Dispute Procedures.
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by email to sales@pureclinica.com. Kinetic Forward LLC will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Kinetic Forward LLC or its designated representative(s) in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York, New York to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “20.8” below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
20.1 Commencing Arbitration.
You and Kinetic Forward LLC agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
20.2 Arbitration Location.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in New York, New York unless Kinetic Forward LLC otherwise agrees to arbitrate in another forum requested by you.
20.3 Organization, Rules, and the Arbitrator.
We each agree that any and all claims other than those exempted under subsection “20.8” below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “20.1” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Returns Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Kinetic Forward LLC.
20.4 Fees.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
20.5 Governing Law and Award.
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
20.6 Enforceability.
This provision survives termination of your account or relationship with Kinetic Forward LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
20.7 Miscellaneous.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Kinetic Forward LLC and shall not be modified except in writing by Kinetic Forward LLC.
20.8 Exceptions.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Kinetic ForwardLLC both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Kinetic Forward LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York, New York: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Kinetic Forward LLC for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “20.8(i)” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “20.8(i),” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, and forever waive any challenge to said courts’ jurisdiction and venue.
20.9 Amendments.
Kinetic Forward LLC reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of a Kinetic Forward LLC product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Kinetic Forward LLC will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of a Kinetic Forward LLC product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT CONTACT@PURECLINICA.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
21. Electronic Communications
Electronic communications satisfy legal notice requirements.
22. Indemnification
You agree to indemnify Kinetic Forward LLC for claims arising from your breach of these Terms.
23. Severability
Invalid provisions do not affect remaining provisions.
24. Termination
In the event that we terminate this Agreement for your material breach, Sections 16-19, Sections 21-22, and Section 24, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Kinetic Forward LLC.
25. Entire Agreement
This Agreement supersedes all prior agreements.
26. Our Contact Details
Contact Details
Website platform operator (commercial services):
Kinetic Forward LLC
2711 Centerville Road, Suite 120
Wilmington, DE 19808
USA
Customer service:
Email: sales@pureclinica.com
Support page: https://pureclinica.com/pages/contact-us
27. Brand and intellectual property owner (separate legal entity):
Pureclinica EU OÜ
Tornimae tn 5, Kesklinna linnaosa
Tallinn 10145, Harju maakond
Estonia
28. Company Registration
Kinetic Forward LLC is registered in the United States of America.
29. Sales Tax
Sales Tax / VAT is included in prices where applicable.
