General Provisions and Definitions of Terms
1.1 These GTP stipulate the rights and obligations of the parties to the purchase agreement concluded at a distance through the server www.profi-nutrition.net between the seller ( FITLIFE NUTRITION LTD, 20-22 Wenlock Road, N17 GU London, United Kingdom ) and the buyer.
1.2 The rights and obligations of the purchase agreement are governed by the legislation relative to purchase agreement under the provisions of § 588 et seq. in conjunction with the provisions of § 612 et seq. of Act no. 40/1964 Z.z. - Civil Code (hereinafter the 'CC').
1.3 The buyer means a natural or legal person registered in the system who, based on their own authorization, sent an order, processed by the system of the e-shop.
1.4 Electronic order means a form sent electronically containing the information on the buyer, the list of goods ordered from the offer of the e-shop and the price of the goods, processed by the system of the e-shop or an e-mail sent to the seller.
2.1 To consider an electronic order valid, all the data required in the registration form must be true and complete, including telephone contact.
2.2 All received electronic orders are considered a draft contract and are considered binding.
2.3 The purchase agreement, on the basis of which is effectuated the sales of goods by the seller to the buyer is based on a binding confirmation of an order in the system. An e-mail confirmation of an order by the seller (or part thereof) is considered to be binding for both parties, if no terms agreed at the time of confirmation are violated and at this moment a relationship between the buyer and the seller arises.
2.4 The essential conditions are considered mainly definition of the buyer, order content (exact specification of goods and their quantity), price for goods and shipping, method of delivery, method of payment for goods.
2.5 The buyer will be informed regularly about the status of their order by e-mail. For the purpose of confirmation of the order, the buyer can be contacted by the seller via telephone.
2.6 By confirming the order, the buyer declares to be older than 18.
3.1 The buyer has the right to cancel the order by e-mail, without giving any reason within 24 hours after its sending. After a binding confirmation of the order, the buyer has the right to cancel the order only if the seller fails to meet the agreed terms of delivery or by agreement with the seller. In case of cancellation of a confirmed order, the buyer is liable for any damage caused to the seller incurred by this action. The seller has the right to compensation of damage, especially in case of purchase of goods "on order", which was necessary to obtain based on the buyer's request or if in order to provide the goods the seller has already spent demonstrable costs. Cancellation fee can amount to 75% of the total price of the goods.
3.2 The seller reserves the right to cancel the order or its part in the following cases:
If it was not possible to confirm in a binding manner the order of goods for COD (incorrect phone number, the called not available, the buyer not responding to e-mails etc.)
If the buyer has previously refused to take delivery or otherwise violated the terms and conditions, the product is no longer manufactured or delivered, or the price of the supplier of goods has changed significantly
If this happens, the seller will immediately contact the buyer to agree on how to proceed. If the buyer has paid a part or full amount of the purchase price, this amount will be transferred back to the buyer’s account or address within 15 calendar days.
Withdrawal from the Agreement
4.1 In accordance with the Act no. 102/2014 Z.z. on consumer protection when selling goods or services on the basis of a distance contract or contracts negotiated outside of business premises of the seller and the amendment of certain acts (the "Consumer Protection Act"), the buyer is entitled to withdraw from the agreement within 14 working days of receipt of goods. In case of application of this right, the buyer must comply with the conditions and procedure set out in paragraph 4.2. of the GTC.
4.2 Given that in the event of withdrawal the agreement is cancelled from the beginning, the supplier returns or replaces to the buyer and the buyer to the supplier all mutually received performance. If the buyer decides to withdraw from the contract within the period specified in paragraph 4.1, the buyer is obliged to comply with the following conditions:
contact the seller with the request for withdrawal, stating the order number, name and surname, date of purchase and account number or address for a refund; if the buyer has already received the goods and took over them, the buyer has to return them to our address stated in the contact section under the following conditions:
- the goods must be in original undamaged packaging (with intact protective film)
- the goods must not be used
- the goods must be undamaged
- the goods must be complete (including the package leaflets etc.)
- send it together with proof of purchase - invoice
4.3 When the conditions in paragraph 4.2 are met, the seller will send money for goods by transfer to the buyer's account no later than 14 working days after physical receipt of the goods.
4.4 The goods must be sent by registered mail and insured; the seller is not liable for any loss.
4.5 The buyer has no right of withdrawal in accordance with § 7(6)(e) of the Consumer Protection Act (sales of goods enclosed in a protective cover that is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery).
4.6 The costs of returning goods are borne by the buyer.
4.7 The buyer bears any diminished value of the goods, which was caused by their use beyond the use necessary for their correct functionality and in accordance with their characteristics.
5.1 The price of goods is the price including VAT 20%. Shipping and packing prices are listed in Article VI.
Shipping and Packaging
6.1 When paying in advance to the bank account based on an advance invoice or through payment gateways the shipping and package prices are charged by the seller as follows: 11.7 eur.
6.2 Shipping is provided by the courier and post service. When paying COD the buyer pays directly the courier. Shipping price listed includes VAT and is determined by the sum total of the final order after all discounts.
6.3 The seller may send the readily available goods to the buyer immediately and the remainder of the order subsequently within the statutory period, and the buyer will not be charged any additional shipping costs other than those which have been counted in the order.
6.4 Shipping and packaging prices for deliveries to the territory of the Member States of the European Union, or other states, are set individually by a written agreement (e-mail) between the buyer and the seller.
7.1 Delivery of the subject of performance (ordered goods) will be subject to availability of products and service options of the seller and the goods will be shipped as soon as possible.
7.2 Each customer is informed of any changes in the status of their order by e-mail. Order status can be checked by logging into the system.
7.3 Goods are delivered by courier to the address specified by the buyer in the order. The shipment of goods always includes the delivery note. The invoice will be delivered either with the goods supplied or at the latest within two weeks of receipt of the order.
7.4 Ownership of the product passes to the buyer by acceptance of the product and by payment of the purchase price.
7.5 In addition to the European Union, goods are delivered also to other EU countries.
7.6 Delivery of goods outside the territory of the European Union is carried out on the basis of mutual consent and prior written approval of shipping and packaging price, or further delivery terms between the buyer and the seller.
8.1 The goods can be paid by credit/debit cards. Or Bank transfer
Warranty Terms and Complaints Procedure
9.1 This complaints procedure relates to goods which have been purchased from the seller and whose complaint has been applied during the warranty period of 24 months from the date of purchase of the goods.
9.2 No later than two weeks after the delivery an invoice will be sent to the buyer (sales receipt) to all products purchased from the seller, which serves as a warranty deed.
9.3 On receipt of the goods the buyer is obliged to check the following:
whether it is the product that has been ordered (if it is a product that has not been ordered, the buyer shall not unpack the goods, otherwise it will be impossible to return it),
whether the product is intact, i.e. whether there is no apparent defect and whether the right quantity of the ordered goods was delivered.
9.4 he warranty does not cover defects in the goods caused by improper use, storage or damage to the goods by the buyer. Package and content of the product must not be mechanically damaged (mechanical damage means such a damage of the product that could not arise by normal use of the product for the purpose it was made for).
9.5 The buyer can claim goods under the above mentioned conditions at the address of the seller.
Responsibility for Errors at www.profi-nutrition.net Website
10.1 The seller declares that the information provided at www.profi-nutrition.net is partially taken from third parties and may contain inaccuracies and may be updated without prior notice.
10.2 The seller may at any time without prior notice change the products and services described on the website and does not guarantee the veracity of its contents.
10.3. The seller is not liable to any other party for direct, indirect or extraordinary damages caused by using the information from the seller's own or linked websites.
10.4 The seller reserves the right to amend these General Terms and Conditions and Complaints Procedure without prior notice to the buyer. In the event of a change to GTC or Complaints Procedure, the whole process will be governed by the GTC, which were valid at the time of submitting the order by the buyer and these are available on the website of the seller.
Personal Data Protection
11.1 Regarding the collection of personal data, the seller is governed by the Act no. 122/2013 Z.z. on the protection of personal data and on amendments to certain laws (hereinafter the "Act") in Information Systems. The seller respects the privacy of the buyer. The personal data are protected against misuse and will never be provided to a third party.
11.2 By using this e-shop, the buyer agrees with the collection and use of the data on the buyer and the purchased goods under the above specified conditions. By registration of the buyer, the buyer automatically agrees to be informed about the latest news regarding the e-shop via e-mail or telephone. If you no longer wish to get this information, you may at any time terminate its forwarding via e-mail.
11.3 The seller reserves the right to withdraw from the security guarantees in case of hacking the server by an unknown offender (Hecker). Only in this case, the above mentioned provisions for data handling do not apply.
12.1 These Terms & Conditions apply in the version as stated on the website of the operator on the date of sending the electronic order, with exception of case, if agreed otherwise between both parties.
12.2 By sending the electronic order, the purchaser accepts without reservations all the provisions of the “Terms & Conditions” in the version in force on the date of sending this order.
12.3 The purchaser states that before filling the order was informed about these Terms & Conditions and accepts them. Regardless of other contract provisions, the seller is not liable for lost profit of the purchaser, loss of opportunity or any other indirect or subsequent loss due to the negligence, breach of contract or caused by other way. Conditions are not valid or unenforceable, and this quiet partially, the validity and enforceability of other provisions and remaining parts of the competent provision remain unaffected.
12.4 The sale of goods through the e-shop www.profi-nutrition.net is governed by the law of the United Kingdom
12.5 Relations between both parties that are not governed by these “Terms & Conditions” are governed by the competent provisions of valid laws of the United Kingdom. Products from this eshop can not be purchased in the UK. Products are for export only.