Terms of Use
The following terms apply to the sale of goods via Vilgain Inc. with a correspondence address at 111 Congress Avenue, Suite 500, Austin, Texas 78701, online store located on the website us.vilgain.com.
1. General
1.1. These terms and conditions ("Terms and Conditions") govern the mutual rights and obligations between Vilgain Inc. ("Seller", "we", or "us") and any individual or entity ("Buyer", "you", or "your") purchasing goods (“Goods”) through the Seller's online store ("Website") via its web interface ("Web Interface").
1.2. These Terms and Conditions apply to all Buyers, including individual consumers and businesses. Nothing in these Terms and Conditions shall affect any rights Buyers may have under applicable U.S. consumer protection laws.
1.3. Any variations from these Terms and Conditions must be agreed in writing. Specific terms in a separate written contract between the Seller and the Buyer (a "Purchase Contract") will override these Terms and Conditions.
1.4. The Terms and Conditions form an integral part of any Purchase Contract and are provided in English.
1.5. The Seller may update these Terms and Conditions at any time. Changes apply only to purchases made after the new version is posted. We encourage Buyers to regularly review this page for the current version. In offering returns, refunds, and all other services under these Terms, the Seller complies with the Unruh Civil Rights Act (California Civil Code §§ 51–53) and will not discriminate on the basis of any protected characteristic.
1.6. By accessing or using the Website, placing an Order, or otherwise engaging with the Seller, the Buyer acknowledges and agrees to be bound by these Terms and Conditions.
2. User Account
2.1. Buyers may create a user account ("User Account") to order Goods. Orders may also be placed without registration.
2.2. Buyers must provide accurate and current information during registration and ordering. MINORS: INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) MAY NOT ORDER GOODS OR CREATE A USER ACCOUNT WITHOUT THE INVOLVEMENT AND CONSENT OF A PARENT OR LEGAL GUARDIAN, WHO AGREES TO THESE TERMS ON THE MINOR’S BEHALF.
2.3. Buyers are responsible for keeping their User Account login credentials confidential and must not share their User Account access.
2.4. The Seller reserves the right to suspend or terminate User Accounts for violations of these Terms and Conditions or applicable law.
2.5. The Seller does not guarantee uninterrupted access to the User Account.
3. Purchase Contract
3.1. Goods listed on the Website are not binding offers to contract.
3.2. Prices include applicable U.S. sales taxes unless otherwise stated. Delivery and packaging costs are displayed before checkout.
3.3. To order, the Buyer completes an online order form specifying the selected Goods, payment method, and delivery method (“Order”).
3.4. Before submitting the Order, the Buyer must review it and correct errors. The order is submitted by clicking "Send Order". When submitted the Order is final.
3.5. The Seller will confirm receipt of the Order via email. The Purchase Contract is formed when the Seller sends a confirmation of acceptance of the Order to the Buyer via email.
3.6. The Seller may request additional confirmation for high-value or unusual Orders.
3.7. The Buyer agrees to electronic communication during the ordering process.
4. Prices and Payment
4.1. Payment methods are listed on the Website and must be completed at or before the time of Order. BY PLACING AN ORDER, YOU AUTHORIZE US TO CHARGE YOUR SELECTED PAYMENT METHOD FOR THE FULL AMOUNT DUE, INCLUDING ANY APPLICABLE TAXES AND SHIPPING FEES.
4.2. Payment must be made in full unless otherwise agreed.
4.3. Payments are processed via third-party providers such as Shopify or other authorized payment processors. By placing an Order, the Buyer agrees to the processing of their payment information by such processors. Additional terms and privacy policies of the payment processor may apply and are accessible on their respective websites.
5. Return and Refund Policy
Summary:
- Return window: 14 days from delivery
- Items must be unused, unopened, and in original packaging
- Returns require proof of purchase (order number)
- Some exclusions apply (see below)
- Free return shipping for defective items or where otherwise required by law
5.1. Buyers may return eligible Goods within 14 days of delivery for a refund, provided the Goods are in pristine condition, unused, unopened, and in their original packaging. Opened or used food supplements, perishable items, or sealed products unsealed after delivery are not eligible for return unless defective. Returns must be initiated by contacting support@vilgain.com and must include the order number and receipt (if available).
5.2. Exclusions from returns include perishable items, food supplements that have been opened, sealed items unsealed after delivery, and customized or personalized Goods. Partial returns of multi-item Orders are allowed where applicable, and refund amounts will be adjusted accordingly. Items bought under promotional discounts will be refunded proportionally based on the discounted amount.
5.3. Return shipping costs are the responsibility of the Buyer unless the item is defective.
5.4. Refunds will be processed using the original payment method within 14 days of our receipt and inspection of the returned Goods. Buyers will receive an email confirmation once the refund has been initiated. Returned items are typically inspected within two (2) to three (3) business days after receipt. WE WILL PROMPTLY NOTIFY YOU OF ANY UNFORESEEN DELAYS IN PROCESSING YOUR REFUND. If processing is delayed beyond 14 days, please contact support@vilgain.com for assistance. NOTHING IN THESE TERMS AND CONDITIONS LIMITS YOUR RIGHT TO DISPUTE CHARGES THROUGH YOUR CREDIT CARD ISSUER (“CHARGEBACK”) FOR UNDELIVERED OR DEFECTIVE GOODS, AS PERMITTED BY APPLICABLE LAW.
5.5. If Goods show signs of use beyond what is necessary to determine their nature, characteristics, or functionality, the Seller may reduce the refund amount. The deduction will reflect the loss in value, typically not exceeding 25% of the original price unless the item is unsellable.
5.6. If a gift was included with the Order, it must be returned along with the purchased items. Gift recipients may return Goods without the involvement of the original purchaser by providing the order number and email associated with the purchase. Refunds for returned gifts will be issued as store credit only.
5.7. The Seller also offers store credit refunds for dissatisfaction with eligible items returned within 30 days of delivery:
- Store credits match the amount paid for the item
- Credits are non-transferable and expire 12 months after issuance; and
- Credits may be applied to future orders up to 100% of the purchase total unless otherwise restricted
Notice to California Residents: In accordance with California Civil Code § 1723 and other applicable consumer protection laws, our return and refund policy is clearly and conspicuously disclosed above. This section outlines your rights and our procedures in compliance with California law.
6. Delivery
6.1. Shipping options and estimated delivery times are listed on the Website. Delivery times range from 2 to 14 days.
6.2. If re-delivery is necessary due to Buyer fault, the Buyer bears the additional shipping costs.
6.3 If your Order is significantly delayed beyond the estimated delivery timeframe, you will be notified in writing as required by the FTC Mail Order Rule. YOU MAY THEN CANCEL YOUR ORDER FOR A FULL REFUND IF THE NEWLY PROPOSED DELIVERY DATE IS UNACCEPTABLE.
6.4. Buyer must inspect Goods on delivery. Visible damage must be reported to the carrier immediately.
6.5 Title to the Goods and risk of loss pass to the Buyer upon delivery to the address specified in the Order. The Seller bears all risk of loss or damage to the Goods until delivery is completed.
7. Defective Goods
7.1. Goods must be as described, fit for purpose, and of satisfactory quality under applicable California laws. For purposes of these Terms, ‘defective’ means Goods that are damaged in transit, contaminated, expired, mislabeled, or otherwise non-conforming to the description or expected quality at the time of delivery.
7.2. Seller is responsible for defects existing at delivery. This does not apply to discounted items with known defects, or to normal wear and tear.
7.3. Claims for defective Goods may be submitted to support@vilgain.com.
8. PRODUCT INFORMATION AND DISCLAIMERS
IMPORTANT NOTICE: THE STATEMENTS MADE REGARDING PRODUCTS SOLD BY THE SELLER HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
8.2. You are responsible for checking product labels, ingredients, and allergens before use. Always consult your physician or qualified health professional before using any dietary supplement.
9. LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS. THE SELLER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, WHERE APPLICABLE LAW (INCLUDING CALIFORNIA LAW) PROHIBITS THE DISCLAIMER OF IMPLIED WARRANTIES FOR CONSUMER GOODS, ANY SUCH DISCLAIMERS HEREIN SHALL BE LIMITED AND ENFORCED ONLY TO THE FULLEST EXTENT PERMISSIBLE.
10. Privacy and User-Generated Content
10.1. The Seller processes personal data in accordance with its privacy notice.
10.2. Buyers may have the opportunity to submit content to the Website, including product reviews, comments, discussion posts, or other user-generated material ("User Content"). In most cases, Buyers must be registered and logged into their User Account to submit such content. Submitted User Content will be associated with the Buyer's User Account, and the Buyer's name and surname may be displayed publicly alongside the User Content.
10.3. Buyers may have the ability to edit or delete submitted User Content after publication, depending on the available Website functionality. Buyers are solely responsible for the User Content they submit and are strongly discouraged from including personal or sensitive information (such as health-related data). The Seller does not request, collect, or process such information and disclaims any liability for its voluntary disclosure.
10.4. Following a completed purchase, the Buyer may receive a request to provide feedback or a product review. To facilitate this, the Seller may share limited data—specifically, the order number and email address—with a third-party service provider solely for the purpose of delivering the review request. Submission of feedback is voluntary, and Buyers may choose whether to post their review under their full name or anonymously.
10.5 You grant the Seller and its sub-licensees the right to use the User Content as part of its marketing operations, including by posting it on the Website. You agree to waive your right to be identified as the author of User content.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. BINDING ARBITRATION AND GOVERNING LAW NOTICE: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTES ARISING UNDER THESE TERMS SHALL BE SUBJECT TO BINDING ARBITRATION UNLESS EXPRESSLY PROHIBITED BY APPLICABLE LAW.
11.2. CLASS ACTION WAIVER: YOU AND THE SELLER AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. NEITHER YOU NOR THE SELLER WILL BE PERMITTED TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, OR CONSOLIDATED PROCEEDING.
11.3. OPT-OUT OF ARBITRATION: YOU MAY DECLINE THIS ARBITRATION AGREEMENT BY SENDING A WRITTEN NOTICE TO support@vilgain.com OR MAILING IT TO Vilgain Inc., 111 Congress Avenue, Suite 500, Austin, Texas 78701, ATTN: Arbitration Opt-Out WITHIN 30 DAYS OF ENTERING THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME, ORDER NUMBER (IF APPLICABLE), AND A CLEAR STATEMENT THAT YOU REJECT ARBITRATION. IF YOU OPT OUT, ALL OTHER TERMS REMAIN IN EFFECT, BUT NEITHER PARTY MAY COMPEL ARBITRATION. THIS 30-DAY OPT-OUT PERIOD IS STRICTLY ENFORCED. IF YOUR OPT-OUT NOTICE IS NOT RECEIVED WITHIN THIS TIME, YOU WILL BE BOUND BY THE ARBITRATION CLAUSE.
11.4. These Terms and Conditions are governed by the laws of the State of California.
11.5. Any dispute shall be resolved in the courts of Los Angeles County, California unless arbitration is elected.
11.6. Buyers may also contact the Better Business Bureau (BBB) or a local consumer protection office.
12. Contact Details
Vilgain Inc. Correspondence address: Vilgain Inc., 111 Congress Avenue, Suite 500, Austin, Texas 78701. Email: support@vilgain.com
Last Updated: 1.7.2025
