Conditions Générales de Vente
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions: (a) “we” means Nad Plus En Casa; (b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
3. Order Process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:
- You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
- If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
- You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment;
- We will then send you an initial acknowledgement; and
- Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4. Products
4.1 The following types of product are available on our website: Nad Plus En Casa Home Injection Kits.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We may from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back, then you will be liable to pay us, within 7 days following the date of our written request: (a) an amount equal to the amount of the charge-back; (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); (c) an administration fee of €30.00 including VAT; and (d) all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees).
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances, all deliveries of products will be dispatched within 30 days following the receipt of payment and the date of the order confirmation.
8. Distance Contracts: Cancellation Right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period: (a) beginning upon the submission of your offer; and (b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except: (a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and (b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount directly to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9. Warranties and Representations
9.1 You warrant and represent to us that: (a) you are legally capable of entering into binding contracts; (b) you have full authority, power and capacity to agree to these terms and conditions; (c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and (d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2 We warrant to you that: (a) we have the right to sell the products that you buy; (b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; (c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; (d) the products you buy will correspond to any description published on our website; and (e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations (whether express or implied) are excluded.
10. Limitations and Exclusions of Liability
10.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions: (a) are subject to Section 10.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of: (a) €1,000; and (b) The total amount paid and payable to us under the contract.
11. Force Majeure
11.1 We shall not be liable for any failure to perform our obligations under these terms and conditions if such failure is due to an event of force majeure. An event of force majeure is any cause beyond our reasonable control, including but not limited to natural disasters, acts of terrorism, or strikes.
12. Governing Law and Jurisdiction
12.1 These terms and conditions are governed by and construed in accordance with the laws of the United Kingdom.
12.2 Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
13. Non-Refundable Items
13.1 Nad Plus En Casa home injection kits and refills are not eligible for refunds due to their perishable nature and the inability to verify their condition after shipment.
13.2 For the protection of our customers, we cannot accept returns or issue refunds for health items once they have left our premises.
14. Amendments
14.1 We may revise these terms and conditions from time to time. The revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on our website.
14.2 If you do not agree to the revised terms and conditions, you must stop using our website.
15. Assignment
15.1 We may transfer, sub-contract or otherwise deal with our rights and obligations under these terms and conditions without notifying you or obtaining your consent.
15.2 You may not transfer, sub-contract or otherwise deal with your rights and obligations under these terms and conditions without our express written consent.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these terms and conditions will continue in effect.
16.2 If any unlawful and/or unenforceable provision would be lawful and/or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third Party Rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire Agreement
18.1 These terms and conditions, together with our privacy policy and delivery policy, constitute the entire agreement between you and us in relation to your use of our website and purchase of products from us, and supersede all previous agreements between you and us in relation to your use of our website and purchase of products from us.
19. Notices
19.1 Any notice or other communication given under or in connection with these terms and conditions must be in writing and must be delivered by hand or sent by pre-paid post to the relevant party at the address stated in these terms and conditions.
20. Contact Information
20.1 You can contact us: (a) by post, using the address given on our website; (b) using our website contact form; (c) by email, using the email address info@nadplusencasa.com; or (d) by telephone, using the telephone number provided on our website.
21. Definitions
21.1 In these terms and conditions, the following definitions apply: (a) “Contract” means a contract for the purchase of products from us in accordance with these terms and conditions; (b) “Consumer” means an individual who is acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; (c) “Products” means the products which we agree to sell to you under a Contract; and (d) “Website” means our website, www.nadplusencasa.com.
22. Miscellaneous
22.1 If we fail to enforce any provision of these terms and conditions, it will not be considered a waiver of our right to enforce that provision.
22.2 These terms and conditions are intended to be legally binding, and they are enforceable against you in accordance with their terms.
22.3 You may not assign or transfer any of your rights or obligations under these terms and conditions without our prior written consent.
22.4 We reserve the right to update these terms and conditions at any time. You are advised to review these terms and conditions periodically for any changes.
Terms & Conditions of Use
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Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
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Copyright Notice
2.1 Copyright (c) 2023 Nad Plus En Casa.
2.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
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Permission to Use Website
3.1 You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) stream audio and video files from our website using the media player on our website; and (d) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website.
3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
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Misuse of Website
4.1 You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) hack or otherwise tamper with our website; (d) probe, scan or test the vulnerability of our website without our permission; (e) circumvent any authentication or security systems or processes on or relating to our website; (f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity); (h) decrypt or decipher any communications sent by or to our website without our permission; (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; (k) use our website except by means of our public interfaces; (l) violate the directives set out in the robots.txt file for our website; (m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or (n) do anything that interferes with the normal use of our website.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
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Products
5.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
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Report Abuse
6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know about any such material or activity by email at admin@nadplusencasa.com
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Limited Warranties
7.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; (c) that the website will operate without fault; or (d) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject of these terms and conditions, our website and the use of our website.
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Limitations and Exclusions of Liability
8.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions: (a) are subject to Section 8.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
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Breaches of These Terms and Conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) commence legal action against you, whether for breach of contract or otherwise.
9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
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Third Party Websites
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
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Trade Marks
11.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
11.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
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Variation
12.1 We may revise these terms and conditions from time to time.
12.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
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Assignment
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
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Severability
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
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Third Party Rights
15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
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Entire Agreement
16.1 Subject to Section 8.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
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Law and Jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with English Law.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
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Statutory and Regulatory Disclosures
18.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].
18.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority].
18.3 We are registered as [title] with [professional body] in the United Kingdom and are subject to rules, which can be found at [URL].
18.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].
18.5 Our VAT number is [number].
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Our Details
19.1 This website is owned and operated by Nad Plus En Casa.
19.2 We are registered in England under registration number [number], and our registered office is at [address].
19.3 Our principal place of business is at [address].
19.4 You can contact us: (a) by post, to the postal address given above; (b) using our website contact form; (c) by telephone, on the contact number published on our website; or (d) by email, using the email address published on our website.
ALL PRODUCT INFORMATION AND ARTICLES ON THIS SITE ARE FOR EDUCATIONAL PURPOSES ONLY
DISCLAIMER: Products from Nad Plus En Casa are intended for research and laboratory use only and are not for human or animal consumption.
These items should not be classified as drugs, foods, cosmetics, or medicinal products.
By purchasing, the buyer assumes the associated risks.
Handling should be limited to qualified professionals.
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