Conditions d’utilisation
Important Legal Notice
Effective Date: September 12, 2026
Section 16 contains an arbitration agreement, jury-trial waiver, and class-action waiver. These terms affect your legal rights.
- You agree when an Account, checkout, or other process displays these Terms and you take the stated acceptance action.
- You can reject arbitration within 30 days after your first acceptance. Section 16.8 explains the process.
- Section 16 requires most claims within one year, to the maximum extent governing law permits.
Table of Contents
- Agreement and Scope
- Eligibility and Accounts
- Health and Product Information
- Orders, Pricing, and Payment
- Subscriptions and Automatic Renewal
- Shipping and Delivery
- Returns, Refunds, and Store Credit
- Promotions, Gift Cards, and Store Credit
- Personal Use and Resale
- User Content and Conduct
- Intellectual Property
- Third-Party Services
- Privacy and Electronic Messages
- Service Availability and Changes
- Warranties, Liability, and Indemnity
- Disputes and Arbitration
- Copyright Complaints
- General Terms and Contact Information
1. Agreement and Scope
1.1 Parties
These Terms form an agreement between you and BariatricPal. These Terms govern your use of store.bariatricpal.com and our related store services.
“BariatricPal,” “we,” “us,” and “our” mean BariatricPal. “You” means each person or business that accepts these Terms.
1.2 Acceptance
You accept when an Account, checkout, or other process displays these Terms and you take the stated acceptance action.
If you do not agree, do not take the stated acceptance action.
1.3 Incorporated Policies
The following policies form part of these Terms when they apply to your activity:
- Privacy Policy
- Return and Refund Policy
- Shipping Policy
- Subscription Policy
- Accessibility Statement
- Messaging Terms and Messaging Privacy Policy for text-message participants
A specific policy controls its subject if it conflicts with a general provision in these Terms.
1.4 Definitions
“Account” means your registered customer profile. “Products” means goods that we sell. “Services” means our sites, apps, content, and store functions.
“Subscription” means a recurring purchase plan. “User Content” means content that you submit directly through the Services.
2. Eligibility and Accounts
You must be at least 18 years old or your jurisdiction's age of majority, if that age is higher.
You must give accurate account and order information. Keep your credentials private and tell us promptly about unauthorized account use.
We can restrict an Account that threatens security, violates these Terms, or involves fraud or unlawful activity.
We will give notice when practical. We can act without notice when immediate action protects users, the Services, or legal obligations.
3. Health and Product Information
3.1 No Medical Advice
Our content gives general educational information. It does not give medical advice, diagnosis, treatment, or a professional healthcare relationship.
Ask a qualified healthcare professional before you start a diet, supplement, exercise program, or medication.
This instruction is especially important after surgery, during pregnancy or nursing, with a diagnosed condition, or during medication use.
3.2 Labels and Product Information
Read the Product label before each use. The label controls if a site description conflicts with the Product's current packaging.
Ingredients, nutrition facts, allergen statements, directions, warnings, manufacturers, and packaging can change without advance notice.
Stop use and get medical aid if a serious or unexpected reaction occurs. Contact emergency services for a medical emergency.
3.3 Claims and Results
We do not promise a specific health, weight, fitness, or performance result. Individual experiences and results differ.
A Product page does not claim FDA approval, registration, clearance, or endorsement unless that page expressly states the exact verified status.
Statements about dietary supplements do not diagnose, treat, cure, or prevent disease. The Product label supplies the required disclaimer.
3.4 Allergens, Interactions, and Special Uses
Products can contain allergens or use shared equipment. Ask a healthcare professional about allergies, medications, pregnancy, nursing, and diagnosed conditions.
Product labels do not promise compliance with sports or drug-testing rules. Ask the program whether a Product is permitted.
Surgery and digestive conditions can change absorption and tolerance. A healthcare professional must guide clinical care and laboratory tests.
3.5 Topical Products
Use a topical Product only as its label directs. Do not apply it to broken, infected, irritated, or recently treated skin.
Stop use if irritation or another unwanted reaction occurs. Ask a healthcare professional about sensitive skin or a diagnosed skin condition.
We do not promise systemic delivery, absorption, bioavailability, or oral equivalence unless the Product page expressly makes a supported claim.
4. Orders, Pricing, and Payment
4.1 Order Acceptance
Your order is an offer to buy. We accept the order when we ship it or expressly state acceptance.
We can reject, limit, or cancel an order for stock limits, pricing errors, fraud concerns, location restrictions, or suspected resale.
If we cancel a paid order before shipment, we will refund the canceled amount to the original payment method.
4.2 Product Information and Availability
We work to keep descriptions, images, prices, and availability accurate. Errors and differences in device displays can occur.
If a Product materially differs from its description, contact us. Our Return Policy and governing law control the available remedy.
4.3 Prices, Taxes, and Payment
Prices can change before purchase. The checkout shows the order price, shipping charges, and taxes that we collect.
You authorize charges to the payment method that you submit. You represent that you can lawfully use that method.
International customers must obey local import rules. They must pay duties and taxes unless checkout expressly states otherwise.
Promotional and comparison prices must be read with the specific offer terms. We do not promise the lowest market price.
5. Subscriptions and Automatic Renewal
This Section applies only if you enroll in a Subscription.
Before enrollment, the offer must show the Product, recurring price, frequency, renewal terms, and cancellation method.
You must give express consent to recurring charges. Agreement to these Terms alone does not enroll you in a Subscription.
Your Subscription renews at the stated interval until cancellation. We will give notices that governing law requires.
You can cancel without a cancellation fee through the customer portal or by contacting us at store@BariatricPal.com.
Cancellation applies to the next order that has not entered fulfillment. The Return Policy governs an order already in fulfillment.
We can change a Subscription price or program. We will give advance notice and get new consent when governing law requires it.
6. Shipping and Delivery
Checkout shows available shipping methods and charges. Delivery dates are estimates unless we expressly state a guarantee.
Carrier delays, weather, customs, address errors, and legal restrictions can affect delivery. Contact us promptly about a missing or damaged package.
To the maximum extent governing law permits, title and risk of loss pass when we deliver the package to the carrier.
We are not responsible for loss, theft, or damage after carrier acceptance, unless the Shipping Policy or governing law states otherwise.
A carrier delivery scan is evidence of delivery. We can deny replacement or refund after a confirmed delivery scan.
We can help with a carrier claim, but this help does not accept liability.
Temperature-sensitive Products can melt or freeze after shipment. We are not responsible for weather damage after carrier acceptance.
The Shipping Policy controls insurance, claim steps, address errors, delivery restrictions, and any exceptions to this Section.
7. Returns, Refunds, and Store Credit
The Return and Refund Policy controls eligibility, deadlines, condition rules, authorization steps, fees, exclusions, and available remedies.
Contact customer service before you send a return. Use a tracked shipping method unless we supply another method.
We will examine returned Products before we issue a refund, exchange, or store credit. Bank processing times can cause more delay.
Nothing in these Terms limits a refund, warranty, or cancellation right that governing law does not permit us to limit.
8. Promotions, Gift Cards, and Store Credit
An offer's displayed terms control its duration, eligibility, quantity limits, and combination rules.
We can reject or reverse a benefit that resulted from fraud, abuse, or a clear error.
Gift cards, loyalty points, and store credit have no cash value, except where governing law requires cash redemption.
9. Personal Use and Resale
Products are offered for personal or end-user use. Resale needs a current written reseller agreement that an authorized BariatricPal representative signed.
We can set reasonable quantity limits. We can reject or cancel orders that we reasonably believe support unauthorized resale.
We can suspend related Accounts and future purchases. We will refund amounts paid for Products that we do not ship.
We can block related names, households, addresses, Accounts, devices, telephone numbers, email addresses, and payment methods.
Unauthorized sellers must not claim an approved relationship with BariatricPal. They must not misuse our trademarks, images, or other protected content.
We can use test purchases, marketplace complaints, takedown requests, payment disputes, and other lawful brand-protection methods.
We can seek injunctions, actual damages, profits, statutory damages, and other remedies that governing law supplies.
You must reimburse reasonable investigation and enforcement costs caused by your unauthorized resale, to the maximum extent governing law permits.
Recoverable costs can include test purchases, monitoring, investigators, collection costs, court costs, arbitration fees, and reasonable attorneys' fees.
These remedies are cumulative, but they do not permit duplicate recovery. Non-waivable consumer rights remain in force.
The obligations in this Section survive an Account closure, order cancellation, or end of these Terms.
10. User Content and Conduct
10.1 License for Submitted Content
You keep ownership of User Content. You give us a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable license.
The license covers User Content that you submit directly through the Services.
The license lets us use, host, reproduce, edit, adapt, publish, translate, display, distribute, and create derivative works.
We can use the licensed content in all media to operate, advertise, and promote the Services and Products.
You also permit use of your submitted name, image, voice, and likeness when they appear in the User Content.
We do not owe compensation for a licensed use. We can sublicense or transfer the license to service providers and business successors.
A social-media tag or hashtag alone does not grant this license. A separate request and your consent control outside social content.
Deleting User Content does not end this license for archived content, completed materials, prior uses, legal records, or operational backups.
10.2 Your Promises
You must own the content or have the necessary permissions. The content must not violate another person's rights or governing law.
Do not submit another person's health information without lawful permission. Disclose a material brand relationship when endorsement law requires disclosure.
10.3 Prohibited Conduct
Do not use the Services for fraud, harassment, hate, threats, impersonation, malware, unlawful access, spam, or rights violations.
Do not scrape, overload, disrupt, or bypass Service security, except through access that we expressly permit.
We can remove content or restrict access when we reasonably believe conduct violates these Terms or governing law.
11. Intellectual Property
BariatricPal and its licensors own their respective trademarks, content, software, designs, and other intellectual property.
We give you a limited, revocable, nontransferable license to use the Services for lawful personal use.
Do not reproduce, sell, distribute, or commercially exploit protected content without written permission or a legal right.
Do not unlawfully misappropriate trade secrets or bypass technical access controls. This restriction does not limit rights that governing law protects.
12. Third-Party Services
The Services can link to or use outside platforms, payment processors, carriers, subscription tools, and other providers.
Those providers control their own services and terms. We do not control outside content, availability, or data practices.
We can receive compensation from disclosed affiliate or referral relationships. We will disclose material relationships as governing law requires.
Nothing in this Section limits responsibility that governing law assigns to us.
13. Privacy and Electronic Messages
13.1 Privacy
Our Privacy Policy explains our collection, use, disclosure, retention, and protection of personal information.
No security system guarantees complete security. We use safeguards that fit the information and reasonably known risks.
13.2 Transactional Communications
We can send order, Account, security, and legal notices to the contact information that you supply.
Electronic records and signatures have the effect that governing law gives them.
13.3 Text Messages
If you opt in, you consent to recurring automated marketing and transactional messages at the number that you supply.
Consent is not a purchase condition. Message frequency varies. Carrier message and data rates can apply.
Reply STOP to stop messages. Reply HELP for help. You can also contact store@BariatricPal.com.
Message delivery depends on carriers. Re-enroll if your number changes. The Messaging Terms and Messaging Privacy Policy also apply.
14. Service Availability and Changes
We do not promise uninterrupted Service access. Maintenance, security events, providers, and events outside our reasonable control can cause interruptions.
We can change or end a Service feature. We will give notice and issue required refunds when governing law or our policies require them.
Each new Terms version will show its effective date. Changes apply prospectively and do not change a dispute that arose earlier.
We will give notice and get new consent when governing law requires it.
Our accessibility goal is to give people with disabilities effective access to the Services. Use our Accessibility Statement for aid.
15. Warranties, Liability, and Indemnity
15.1 Warranty Disclaimer
To the extent governing law permits, the Services are provided “as is” and “as available.”
We disclaim implied warranties that governing law permits us to disclaim. Product labels and written manufacturer warranties remain controlling.
15.2 Excluded Damages
To the extent governing law permits, we are not liable for indirect, incidental, special, exemplary, punitive, or consequential damages.
This exclusion includes lost profits, lost data, and lost goodwill. It applies only when governing law permits the exclusion.
15.3 Liability Cap
For claims that governing law permits us to cap, our total liability will not exceed your payments during the prior 12 months.
15.4 Exceptions
The exclusions and cap do not apply to fraud, willful misconduct, gross negligence, or death or personal injury caused by our negligence.
They also do not apply to Product liability, statutory damages, or another right that governing law does not permit us to limit.
15.5 Indemnity
You must indemnify, defend, and hold harmless BariatricPal, its affiliates, personnel, licensors, and service providers.
This duty covers claims, losses, damages, judgments, costs, and reasonable attorneys' fees connected with specified conduct.
The specified conduct includes your Service use, User Content, unauthorized resale, Terms breach, unlawful conduct, or violation of another person's rights.
This duty does not apply to the extent that our negligence or willful misconduct caused the claim.
We can control the defense with counsel that we select. You must cooperate and must not settle without our written consent.
16. Disputes and Arbitration
Read this Section carefully. It includes individual arbitration and waivers of jury trials and class proceedings.
16.1 Governing Law
New York law governs these Terms, without its conflict rules. The Federal Arbitration Act governs the arbitration agreement.
Mandatory consumer protections in your home jurisdiction remain in force.
16.2 Informal Resolution
Before arbitration, send a written dispute notice to legal@bariatricpal.com. Include your contact information, order details, and requested resolution.
We will try to resolve the dispute for 30 days after receipt. Either party can use small-claims court when its rules permit.
16.3 Agreement to Arbitrate
After the informal period, either party can require individual arbitration by the American Arbitration Association under its Consumer Arbitration Rules.
The rules in effect when the claim starts apply. If these Terms conflict with mandatory consumer rules or law, those rules or law control.
If AAA refuses administration because we did not meet its consumer standards, either party can bring the claim in court.
16.4 Fees and Hearing
AAA rules control filing and administration fees. We will pay all amounts that those rules assign to the business.
A consumer hearing can occur remotely or in the consumer's home county, as AAA rules and governing law permit.
16.5 Arbitrator's Authority
The arbitrator can award the same individual relief that a court can award. A court can enter judgment on the award.
The arbitrator cannot combine different people's claims unless all parties agree or governing law requires it.
16.6 Jury-Trial Waiver
YOU AND BARIATRICPAL WAIVE A JURY TRIAL FOR EACH DISPUTE THAT ARBITRATION DOES NOT RESOLVE.
16.7 Class-Action Waiver
YOU AND BARIATRICPAL CAN BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.
Neither party can act as a class member or representative in arbitration. Public injunctive relief remains available where governing law requires it.
16.8 30-Day Arbitration Opt-Out
You can reject arbitration within 30 days after your first acceptance. Send your name, address, and rejection statement to legal@bariatricpal.com.
You can also mail the notice to:
BariatricPal
Attn: Legal Department
25 Corporate Circle, Suite 118
Albany, New York 12203
Rejection does not affect your purchase or the rest of these Terms.
16.9 Exceptions and Filing Deadlines
Either party can seek relief for intellectual-property misuse in court. You can also contact a government agency.
To the maximum extent governing law permits, a claim must start within one year after it accrued.
A claim filed after that period is permanently barred. The 30-day informal-resolution period suspends this deadline.
A longer deadline applies only when governing law does not permit the one-year period.
16.10 Severability
If a court finds the class waiver unenforceable for a claim, that claim will proceed in court.
If another part of this Section is unenforceable, the rest remains effective to the extent governing law permits.
Courts in Albany County, New York, have exclusive venue for disputes that arbitration does not cover.
This venue term does not remove a mandatory consumer venue right.
17. Copyright Complaints
Send copyright complaints to legal@bariatricpal.com and the address in Section 18.
A notice must identify the copyrighted work and disputed material. It must give enough information for us to find the material.
The notice must include your contact information, signature, good-faith statement, and accuracy statement under penalty of perjury.
A counter-notice must satisfy 17 U.S.C. Section 512. We can forward notices and counter-notices to the affected parties.
We can end Accounts of repeat infringers in suitable cases. Copyright Office registration controls any formal designated-agent status.
18. General Terms and Contact Information
18.1 Entire Agreement and Severability
These Terms and incorporated policies form the complete agreement for their subject. If one provision is unenforceable, the rest remains effective.
18.2 Assignment, Waiver, and Survival
You cannot transfer these Terms without our written consent. We can transfer them during a merger, reorganization, financing, or asset sale.
A failure to enforce a provision does not waive it. Provisions that need continued effect survive account or Service closure.
18.3 Force Majeure
We are not liable for delay caused by events outside our reasonable control. We will use reasonable efforts to restore affected performance.
18.4 Contact
BariatricPal
Attn: Legal Department
25 Corporate Circle, Suite 118
Albany, New York 12203
Customer Service: store@BariatricPal.com | (855) 957-2725
Legal: legal@bariatricpal.com