PURCHASE AGREEMENT

This Purchase Agreement (this “Agreement”) along with our Terms of Use (“Terms of Use”), as may be amended from time to time, governs your purchase of products from Recovery Care Products, LLC (including any of its subsidiaries or corporate affiliates, collectively, “Recovery Care Products”, “RCP”, “we” or “us”).

To purchase products, or to use our other services, we may require you to provide personal information. We retain and use such information according to the terms of our Privacy Policy (the “Privacy Policy”), as may be updated from time to time. The most recent Terms of Use and Privacy Policy may be found on our website at www.rcpcare.com (the “Website”). This Agreement, the Terms of Use and the Privacy Policy are collectively referred to herein as the “Purchase Documents.”

Capitalized terms not defined in the Purchase Documents have the meaning normally used for such term.

By purchasing products from us whether by physically executing this Agreement, using the Website, or in any other manner approved by us, you represent that you are of legal age in your jurisdiction and are accepting the Purchase Documents in their entirety.

Why we have this Policy

We know quality is important to you and it is of utmost importance to us. The purpose of this Agreement is to ensure that Recovery Care Products maintains its high quality and associated brand goodwill and to govern the terms under which you may purchase products from us.

Recovery Care Products may, at our sole discretion, terminate any order or account that does not comply with the Purchase Documents. Our policies, as set forth in the Purchase Documents, are integral to our strategy to build our brand and we believe it is in the interest of our customers to abide by it. Recovery Care Products strictly enforces the Purchase Documents, so please familiarize yourself with them.

Terms of Sale

By placing an order with Recovery Care Products, you are (i) offering to purchase a product and/or service at the price set by us, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

When you send us your order, we may verify certain items before the order is fulfilled, including, without limitation, your personal information and your payment information.

We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety.

If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. In addition, we may contact you via such contact information if we wish to notify you of product recalls related to products made available through the Services.

We reserve the right to limit, reject, modify, or cancel orders for any reason or no reason, including if we determine or suspect, in our sole judgment, that (i) the order appears to be placed by unauthorized parties, including unauthorized resellers, or (ii) there is fraudulent activity in connection with such order.

If your payment method has already been charged for an order that is later modified or cancelled, we shall issue you a refund in the amount of the price you paid. Such refund shall be paid back to you by way of your original method of payment. We apologize for any inconvenience this may cause you.

Rewards Program
Providers Only – Contact your designated Account Manager

Provider Terms
Recovery Care Products is committed to providing high quality products to consumers.
This goal is best served by offering consumers our products through authorized providers
(“Providers”) that resell our products to individual patients or consumers and provide superior
service in a way that is consistent with our business strategy.

  • Providers may place orders via their RCP portal or through their designated account manager
  • For a Provider to open an account, a minimum of a one case order of any individual product item is required or a minimum of two cases of any recovery care package item is required
  • Once an account is open there is a no minimum dollar amount per order; however, there is a unit minimum per SKU, i.e. case quantity
  • Minimum SKU quantity rules will be enforced; no exceptions

Providers that engage in any of the following sales or advertising tactics will have their accounts deemed unauthorized / suspended and will not receive future shipments of RCP products:

  • Reselling RCP products without a valid state license and/or DEA number
  • Advertising RCP products in a manner that is inconsistent with the RCP brand
  • Reselling RCP products to purchasers for resale
  • Selling RCP products for export outside the United States, either directly or indirectly, without prior written authorization from Recovery Care Products corporate
  • Selling RCP products for an advertised or published discount of more than 5% below the recommended Retail Price set forth by Recovery Care Products. This does not include in-office promotions, which may not be advertised via the Internet, radio, print or TV
  • Failing to respond promptly to customer complaints
  • Failing to comply with Recovery Care Products payment terms, or the terms of the Purchase Documents

Internet Sales

  • Providers can publish 5% less than the recommended Retail Price set forth by Recovery Care Products.
  • Providers can sell at ANY price as long as the price they offer is NOT advertised
  • By United States based accounts, prohibits the Internet sales of any RCP product outside of the United States, either directly or indirectly, without prior written authorization from Recovery Care Products. By International accounts, prohibits Internet sales of any RCP product outside of their Territories outlined in their Recovery Care Products contract, either directly or indirectly, without prior written authorization from Recovery Care Products.
  • Requires completion of the Authorized Account Registration Form (including website registration) in order to register your site and gain authorization to advertise, sell or otherwise promote RCP products on the Internet
  • Requires registered website home page to include affiliated medical director name and title, physical address and contact phone number for customers (RCP Provider Web Portal)
  • Providers are not allowed to dump expired product. It is recommended to contact your Account Manager directly for a solution
  • No 3rd Party Selling, i.e. Amazon, etsy etc.

We strongly believe that each of the sales or advertising tactics outlined above are likely to protect the investment that Recovery Care Products has made in offering high quality products. This list is not exhaustive, and Recovery Care Products, LLC reserves the right to exercise independent discretion in regard to which accounts are authorized to buy and sell RCP products.

Price List

All prices are subject to change without notice.

Although the data on the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, product recalls, or other errors on the Website. All prices displayed on the Website are quoted in US Dollars ($).

The images and descriptions of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the actual colors or other appearances of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on the Website. (RCP will allow the limited use of its images & logo, product protocols, etc. for Provider’s use)

Billing and Payments

We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover at the time the order is place via RCP website or by an authorized RCP Account Manager.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including an emailed statement or invoice. If your payment is denied or fails to go through for any reason, you shall be responsible for all costs associated with such denial or failure, including, but not limited to, bank fees, attorney’s fees and other collection costs.

Physician Provider Payment Terms
Providers that purchase products directly from Recovery Care Products will have their credit cards billed immediately upon purchasing such products.

Payment shall be deemed to be made on the date Recovery Care Products receives payment. As a courtesy to our Providers who hold a subscription account, we will send email reminders for the monthly billing statements, which can be accessed via their Provider portal on the Website.

Consumer Payment Terms
Consumers that purchase products directly from Recovery Care Products will have their credit cards billed immediately upon purchasing such products.

Return Policy

Products are sold on a guaranteed sale basis in accordance with the following policy:

Products Eligible for Return
Recovery Care Products will issue authorization for return of products by Providers and consumers that meet the following criteria:

Providers
Damaged – Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Received in Error – Products shipped in error by Recovery Care Products may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Patient Allergic Reactions – Providers need to fill out RCP RMAR Form and forward to your designated Account Manager, Customer Service or attach to the RMA request via your web portal at the Website in order to obtain a replacement.

Consumers
Damaged – Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Received in Error – Products shipped in error by Recovery Care Products may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Original packing must be intact, and product NOT used in order to obtain a full refund. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Patient Dissatisfied (Purchased directly by a consumer) – Any product purchased by a consumer directly from Recovery Care Products may be returned directly to Recovery Care Products within thirty (30) days of receipt. Product must not have been used and be in original condition for a full refund.

Patient Allergic Reaction – If patient has an adverse reaction to the product, discontinue use immediately and contact your physician. Patient will need to fill out RCP RMAR Form and attach to the RMA for a full refund within forty-five (45) days of receipt. Request RMA (Return Merchandise Authorization) for your order directly from Customer Service or login to your online account portal at the Website.

If Recovery Care Products determines, in its sole discretion, that any Provider or consumer is abusing RCP’s Return Policy, then Recovery Care Products may refuse any or all the above remedies.

Return Process
To obtain authorization to return product for replacement or credit, contact your Account Manager directly, Customer Service or login to your web portal at the Website to initiate the return process.

Customer Service will provide a Returned Merchandise Authorization Number (RMA #) for those items approved for credit and, if applicable, a UPS shipping label. All returns should include a copy of the RMA form, and to be included with any returned goods. No product will be accepted for replacement or credit without a corresponding RMA form. Recovery Care Products reserves the right to inspect all authorized returns prior to issuing credit and to destroy products

deemed unfit for sale whether or not they are eligible for credit. Replacement product will not ship until returned product is received and processed.

Products Not Eligible for Return

  1. Product involved in fire, sacrifice or bankruptcy sale; or items that have been damaged due to conditions beyond the control of the manufacturer, such as improper storage, heat, cold, water, smoke, fire, and negligence.
  2. Product has been discontinued.
  3. Product returned by a party other than the purchaser.
  4. Product purchased with specific understanding that it was non-returnable.
  5. Product has passed its expiration date.
  6. Product has been repackaged in to other containers/packages.
  7. Product provided to office as samples or display product.
  8. After thirty (30) days, NO product returns will be accepted.

Shipping and Tax Policies

Shipping

  • All Providers and consumers pay actual shipping costs at their preferred method of freight.
  • Orders generally arrive in 3-5 business days via UPS. Delivery may be handled by your postal carrier, so please check your mailbox before contacting us.
  • Orders may at times ship via USPS to save costs.
  • If you wish to expedite your order, we also offer Ground, 2nd Day Air, and Next Day Air via UPS. Certain products ship UPS ground only and are noted on the product page.
  • We do not ship to P.O. Boxes – please be sure to provide the actual street address for delivery – orders submitted with P.O. Box for shipping address will not be processed.
  • The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

Sales Tax
Sales tax will automatically be calculated and added to your order as required.