Terms of service

Nutriva ("Online Store") adheres to the following terms and conditions.

We have tried to describe everything as clearly as possible, but if you have any further questions, please contact us at support@nutriva-official.com.

These terms and conditions may be amended. You agree that the current version of these terms applies to our agreement at all times.

Article 1 — Definitions

The following terms shall have the following meanings in this context:

  • Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
  • Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance sales contract with an entrepreneur.
  • Day: A calendar day.
  • Long-term contract: A distance sales contract relating to a series of products and/or services, the delivery and/or supply obligation of which is spread over a longer period.
  • Durable medium: Any mechanism that allows a consumer or entrepreneur to record information addressed to them personally so that they may consult it later.
  • Right of withdrawal: The consumer's right to withdraw from the distance sales contract during the cooling-off period.
  • Entrepreneur: One who carries on a profession or business.
  • Contract: An agreement in which, until performance of the contract, only one or more remote communication technologies are used in a system set up by the entrepreneur for the remote sale of goods and/or services.
  • Customer: The consumer.
  • Telecommunications technology: Means of concluding a contract without the consumer and the online store being in the same room at the same time.
  • Supplier address: FLOOR 1 TONGYILU 68# ZHUANGSHIDADAO ZHENHAIQU, NINGBO, ZHEJIANG, CHINA, 315201.

Article 2 — Applicability

All offers in e-commerce as well as all offers in agreements and orders between e-commerce and the consumer are subject to these conditions.

The customer will receive the text of these terms and conditions before the conclusion of the contract. If this is not reasonably possible before the conclusion of the contract, it will be indicated that the terms and conditions are available in the online store and will be provided to the customer as soon as possible free of charge by email.

On the e-commerce website, any person may access the terms and conditions at any time. Situations and ambiguities not covered by the terms and conditions will be assessed in their "spirit." The customer's and/or third parties' terms and conditions do not apply in the context of the agreement between the customer and the online store.

Article 3 — The offer

If an offer is limited in time or subject to restrictions, this must be explicitly stated in the offer. As long as the offer has not been accepted, it is non-binding. The online store reserves the right to modify and adjust the offer at any time.

The offer contains a detailed and accurate description of the available goods and/or services. The description is detailed enough that the customer can properly evaluate the offer. If photos are used in the online store, they represent a faithful image of the products and/or services available. If the customer must report that there is an obvious error, the offer is not binding on the online store.

The images accompanying the products are faithful representations of what is available. The online store cannot guarantee that the colors shown on the website accurately reflect the colors of the products. Each offer contains information explaining the rights and obligations of the customer if they accept the offer, particularly the price after taxes and any transport costs.

Sizes, colors and type of material are options. While we do our best in terms of quality control to minimize size deviations, there may be deviations of up to 3 cm in the measurements of clothing items.

Article 4 — The agreement

The contract comes into force subject to the provisions of paragraph 4 when the customer's offer is accepted and the associated conditions are met. If the customer accepts the offer electronically, the online store accepts the offer immediately and confirms receipt of the acceptance of the offer immediately. The consumer may cancel the contract as long as receipt of this confirmation has not been confirmed.

If the contract is concluded electronically, the online merchant must employ appropriate technical and organizational means to protect the electronic transmission of data and ensure online security. If a customer can pay online, the online store will take the necessary security measures.

The online store may, within the legal framework, inquire about the customer's ability to fulfill their financial obligations, as well as any other facts and considerations important for a responsible resolution of the contract. The online store is entitled to refuse the purchase or request information if there are valid reasons, based on such investigation, not to enter into a contract.

The following information will be sent to the customer in writing with the product or service or in a way that allows the customer to easily store it on a durable data medium: the visiting address of the e-commerce branch where customers can submit complaints; information on existing warranties and customer service; the conditions and manner in which the customer may exercise their right of withdrawal, or a clear statement indicating that the right of withdrawal is excluded; information on existing warranties and customer service.

If the contract is concluded for a period exceeding one year or for an indefinite period, the preconditions for terminating the contract will apply. All taxes and delivery are included in the price. Each contract will only be signed if the products are sufficiently available.

Article 5 — Right of withdrawal

Upon purchasing goods, the customer has the right to withdraw from the contract for fourteen (14) days without giving any reason. The withdrawal period begins the day after the receipt of the goods by the consumer or their previously designated representative communicated to the online store.

The consumer must handle the goods and their packaging with care during the entire reflection phase. They may only unpack the goods or use them to the extent necessary to decide whether they wish to keep them. At all times, the seal must remain intact.

If they exercise their right of return, they must return the product with all accessories and, if possible, in its original condition and packaging to the online store, following the appropriate and explicit instructions.

If the customer wishes to exercise their right of return, they must do so within fourteen (14) days of receiving the product: (1) by emailing the online store within the allotted time, and (2) by returning the product to the online store within the same period. The consumer must be able to prove the timely return of the items upon request with the shipping slip.

If the consumer has not expressed their wish to exercise their right of return within the periods specified in paragraphs 1 and 3 of this article, or has not returned the product to the online store within these periods, the transaction will be considered finalized.

Within 6 hours of placing the order, the customer may cancel it by contacting customer service.

Article 6 — Return costs

The cost of returning the products is borne by the consumer if they exercise their right of withdrawal. If the customer has already paid, the online store will refund the money as soon as possible, but no later than 14 days after cancellation, provided that the goods have already been received in good condition by the online store.

Article 7 — Possible exceptions to the right of cancellation/return

For the products listed in the following articles 2 and 3, the online store may refuse the consumer's right of return:

Individual magazines; audio and video recordings and/or computer software for which the consumer has paid; products created by the online store according to customer instructions; products clearly of a personal nature; products that cannot be returned due to their nature; products that may deteriorate or age rapidly; products whose price depends on fluctuations in financial markets not influenced by e-commerce; products clearly of a personal nature; products that cannot be returned due to their nature.

Services such as accommodation, transport, restaurants or leisure activities that must be performed on a specific date or within a determined period; their delivery started before the end of the withdrawal period with explicit delivery with the customer's consent; bets and lotteries are also excluded from the right of return.

Article 8 — Prices and imports at the time of purchase

Except for price adjustments due to VAT/GST increases, prices of items and/or services will not be increased during the entire duration of the offer. Services will not be increased during the entire validity period of the offer.

Contrary to the preceding paragraph, an online store may sell products or services whose prices are subject to fluctuations in financial markets and are not influenced by the online store's price fluctuations. This fact will be mentioned in the offer, as well as the fact that they are subject to volatility and that all prices indicated are target values.

Price increases are only allowed within three (3) months of the conclusion of the contract if they result from legal provisions. Prices indicated in the offer for products or services are all in USD/CAD and do not include sales taxes. All prices may contain typographical and/or grammatical errors. The online store is not responsible for potential damages caused by printing and/or typographical errors. The online store is not required to deliver the product at an incorrect price due to printing and/or typographical errors. The supplier delivers the products on behalf of and at the customer's expense to the customer's address. All costs arising from import duties and/or customs clearance are borne by the customer and must be paid to the person delivering the products.

Article 9 — Insurance and compliance

To enter into the contract, the online store guarantees that the items and/or services meet the standards described in the offer, reasonable reliability and/or availability criteria, and comply with applicable laws and/or government regulations. Unless otherwise agreed in writing, the online store guarantees that the product is acceptable for normal use.

Within 14 days of delivery, the customer must report any product defects or incorrectly delivered products to the online store by email. Products must be returned in their original packaging and in new condition, as indicated in Article 5.

The online store's warranty period corresponds to the manufacturer's warranty period. However, the online store is never liable for the final suitability of the items for any specific use of any customer nor for providing advice on the use of the product or services.

The warranty will be voided if the delivered products have been repaired and/or modified by the customer or by third parties; if the delivered products have been exposed to unusual conditions or have been handled with negligence or contrary to the instructions of the online store and/or packaging.

Article 10 — Delivery

The online store will apply the greatest possible care when receiving and executing product orders. The delivery location is the address that the customer has made known to the company. In accordance with what is stated in Article 4 of these general conditions, the company will execute accepted orders with reasonable speed but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the customer will receive notice thereof no later than one month after they placed the order. In this case, the customer has the right to terminate the contract free of charge.

After termination in accordance with the previous paragraph, the company will refund the amount paid by the customer as soon as possible but no later than within 14 days after termination. The risk of damage and/or loss of products rests with the company until the moment of delivery to the customer.

Article 11 — Payment

Unless otherwise agreed, amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period. In the case of a contract to provide a service, this period begins after the customer has received confirmation of the contract.

The customer has the duty to immediately report inaccuracies in payment data provided or mentioned to the company. In case of non-payment by the customer, the company has the right, subject to statutory restrictions, to charge the reasonable costs made known to the customer in advance.

Article 12 — Complaints procedure

The company has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the contract must be submitted within 7 days, fully and clearly described, to the company, after the customer has discovered the defects. Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will respond within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.

Article 13 — Disputes

Only Canadian law applies to contracts between the company and the customer to which these general conditions relate. Even if the customer resides abroad, any related disputes will be decided by the competent Canadian court.

Article 14 — Additional or different conditions

Additional or conditions deviating from these general conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that the customer can store them in an accessible way on a durable data carrier.

Contact

Company name: Nutriva
Email: support@nutriva-official.com
Contact form: https://nutriva-official.com/pages/contact