Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms as well as any applicable law apply for all orders and use of the website. The Terms are displayed online and are considered accepted when you place an order and/or use our website.

Additional agreements are only valid if they come in writing from us. Otherwise they are not binding, even if we do not expressly oppose.

ORDERS AND PRODUCTS

Shipping Policy

Please refer to the separate link “Shipping Policy”.

Warranty

We incessantly work towards improving our units. Technical changes can therefore take place suddenly without announcement. The functionality of the units is guaranteed for two years. If you have a defunct unit please contact Customer Service. It is often not necessary to return the unit. Replacement parts are shipped free of charge. Defective units are repaired, replaced or refunded. Parts that are expected to wear and tear with normal use, such as the wrist bands for the zapper, do not fall under warranty.

Many of the products offered by us are natural products and their properties can change from batch to batch. For nutritional supplements, we guarantee at least 5 months to expiration. With specials we guarantee at least 2 months to expiration unless something else was indicated in the special. The expiration date applies to appropriate storage. The expiration date is the date by which we guarantee the quality of the supplement. Most supplements will hold up long past their expiration date.

Returns and Exchanges

Please refer to the separate link “Returns and Exchanges”.

Money-Back Guarantee

You have a 30 day money back guarantee after receiving the merchandise. You do not need to justify your return. Please contact Customer Service before returning products, since many problems can be solved that way.

Before sending in a return, please fill out the Merchandise Return Form that was included with your order. This will allow us to process your return much faster.

You can make use of your money back guarantee by sending your merchandise back to:

All countries except European Union, Switzerland and Norway:


Dr. Clark Research Association

1019 Hard Rock Rd

Somers, MT 59932

USA

P +1-800-220 3741

E-Mail: [email protected] 


European Union, Switzerland and Norway:


Dr. Clark Zentrum Ltd

c/o DSV Multi-Channel Fulfillment BV

4791VC Klundert

The Netherlands

Tel: +49 821 189 297 62

E-Mail: [email protected] 


Postage for returns is to be paid by the customer.

You must return the merchandise within 30 days. Between our shipping the merchandise and our receiving it back, a time of no more than 45 days must have elapsed, including all transports. The risk of shipping the merchandise back is with you. If you want to go the safe route, ship the parcel ensured.

The credit to your account is done right after receiving the merchandise back. If we do not have a credit card form you, we send you a check or transfer the money to your account, whatever is more convenient for us.

The merchandise must be in original intact packaging and not damaged or worn. Nutritional supplements must be unopened and in their original containers with the safety seals intact. Merchandise with a short shelf life is exempt from the money back guarantee, if they were purchased in the course of a special. A re-stocking fee of up to 20% may be applied if a product is opened, clearly used, missing accessories, to cover return shipping costs, etc. (up to 30% on equipment and individual items valued over $100 [US] €100 [EU]). Shipping costs are not refunded on returned goods.

Please allow up to 10 business days for your return to be processed. Items must be in their original packaging, in as-new condition with manuals and accessories included. We reserve the right to refuse a return if it is deemed suspicious in nature.

Prices: Errors

In the event that a product is mistakenly listed at a substantially incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.

Ownership of Merchandise

We reserve the ownership of the merchandise until delivery and full payment of the merchandise. All deliveries pertaining to one order are considered one legal transaction. We must immediately be notified of any distraint, seizure or other interference with our property rights through third parties, and provided the papers needed to protect our interests.

In case of sale to a third party, the customer must pass on the reservation of property to the new party. The claims towards the third party must be ceded to us to the unpaid amount, regardless of whether the merchandise has been altered in any way. Cession of the claims towards third parties does not free the customer from liability for the amount owed. We must be notified of any resale to third parties of the merchandise. If the contract is not observed by the customer, especially when outstanding debts are not paid, we have the right to reclaim the merchandise and the customer must surrender it. Reclaiming the merchandise does not free the customer from responsibility for any damage that arises from the contract. The customer must not pawn the merchandise, or use it as collateral, as long as we have any property rights to it. Executors must be told of our property right.


WEBSITE

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws. The collective work includes works that are licensed to us, Copyright 1998-2019, ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

We do not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, this site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.

Warranty Disclaimer

This site and all informational materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied, apart from the technical warranty as described above.

To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

We do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Third-Party Links

In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

Medical Claims

ALL content on this site is informational in nature and is not to be taken as medically or scientifically proven. The ideas and opinions of the owner and others are expressed throughout and are not offered as medical advice for the treatment or cure of any disease. No guarantees of effectiveness are offered. Please consult a licensed physician for any medical situation.

We encourage you to educate yourself before making a purchase. When ill, it's easy to be motivated from desperation rather than information. We believe in self-responsibility, for ourselves and our customers. Your decisions and your health belong to you. We would rather you not purchase from us if you expect a "miracle". Miracles happen, but we don't sell them.

Limitation of Liability

We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages.


GENERAL

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Montana, USA [the laws of Malta for EU users], without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be in the state or federal courts located in Flathead County, Montana [La Valletta, Malta for EU orders]. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Indemnification

You agree to indemnify, defend, and hold harmless to us, our officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Severability and Legal Domicile

If one or more clauses of these terms of business become invalid, the rest of the terms is still in place. The invalid clauses are replaced by the general pertinent legal clause or by a clause that is valid but complies with the original intentions of the invalid clause. Any disputes arising hereunder will be settled before a competent court of law at the domicile of our company. The customer can be sued at his domicile, also.

Notice

We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to us.

Changes in Terms; Termination

These terms and conditions, or any part of them, may be changed or terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

WEEE-NR. (German Customers)

DE 78624916