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Terms & Conditions and Terms of Sale
Introduction
Thank you for choosing Nutri Advanced. These terms tell you information about Nutri Advanced and the legal terms and conditions under which we sell products. These terms, privacy policy, and cookie policy (together the “Terms and Conditions”) will apply to any contract between Nutri Advanced and you for the sale of Nutri Advanced products and all other transactions carried out between you and us. These terms do not apply to business-to-business transactions. If you are a business seeking to buy our products for retail sale, then please contact us direct by telephone or email: [email protected]
Healthcare Professionals
For those who hold a registered Healthcare Professional or Student Account, there are supplementary Health Professional Terms and Conditions that apply in addition to the terms and conditions below. By purchasing Nutri Advanced Products or holding a registered account with Nutri Advanced, you agree to abide by the Terms and Conditions, and the Health Professional Terms and Conditions.
If you are a Healthcare Professional please log in to or create your account on the website to submit orders and to access information specifically for Health Professionals here.
Who we are
The company you are dealing with and which owns and operates the website http://www.nutriadvanced.ie (the website) is Nutri Advanced Plus Ltd (we, our, us), a company registered in Ireland with registered company number 591792 and having its registered office address at 27 Cork Road, Midleton, County Cork. Our VAT number is 3458428BH.
Key terms
Please read the Terms and Conditions carefully before making any orders with us and contact us or a legal advisor if you have any questions. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By placing an order with us, you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them. If you do not agree to be bound by all of the Terms and Conditions, please do not proceed and please do not place orders with us.
We may change the Terms and Conditions from time to time. You should check this page every time you wish to make an order with us to take account of any changes as they are legally binding on you.
You may only purchase products or make any other transactions with us if you are at least 18 years old.
Nothing on this website or suggested by it is intended to have the effect of purporting to make a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of your doctor or any other qualified health provider if you have a medical condition or with any questions you may have regarding a medical condition and/or medical symptoms. You should not disregard professional medical advice or delay in seeking it because of something you have read on this website. All possible diagnoses suggested by this website will need to be discussed by you with, and confirmed by, a qualified medical practitioner. Please note that all Nutri Advanced products are advised to be used in conjunction with a balanced diet and should not be used as a replacement for a healthy diet and lifestyle.
We draw your attention to the “Limits on Our Liability” section of these terms, which sets out our liability to you in connection with the Terms and Conditions.
Registering with us
Before we can accept your order, we will ask you to provide some personal details and we will only use your personal information in accordance with our Privacy Policy.
You confirm that all information that you provide to us is true, accurate and up to date at all times. You can make any changes to your information and manage your account using the website.
Our order process
Please follow the steps on the website (or that we discuss with you over the telephone) to place your order with us. If you have any questions about our products, or other items, please check the details shown on the website or contact us by sending an email to [email protected] or calling us free of charge on 0212 427 394 (local Cork number) or contact us via the Contact Us page on the website.
The website allows you to check your order details at each stage and make any amendments and correct any errors before placing your order. Details of any product special offers are set out on the site. Please read all the details carefully to ensure that the products are right for you and please check all of the details of your order carefully before submitting it to us.
If the products you wish to order are known to be out of stock, we will inform you of this once we have received your order, and we will also try our best to display this on the website too.
After you submit your order on the website, we will send you an email acknowledging that we have received it and confirm the details of the order so that you can check them. Please note that this does not mean that we have accepted your order.
We will confirm our acceptance of your order either over the phone with you at the time of your order, or by sending you an email (the Order Confirmation and Invoice email) stating that your order has been accepted, or by dispatching products to you from our warehouse. Our acceptance of your order together with the Terms and Conditions forms the legally binding contract (Contract) for the sale and purchase of the products as ordered from us.
Changes to your order
If you wish to change your order, please contact us immediately by sending an email to [email protected] or calling us free of charge on 0212 427 394 (local Cork number) or contacting us via the Contact Us page on the website. We will endeavour to make any changes that you require. However, this may not be possible if we have already started processing your order. You must confirm any and all changes in writing to us as soon as you are able. Please be aware that any changes to an order may result in changes to the price and to the delivery timescales. We will inform you of these when you have made your changes.
Product Orders
For international delivery enquiries, meaning delivery to locations outside of the ROI, please contact us free of charge on 0212 427 394 (local Cork number).
If we are unable to supply you with a product (for example, because the product goes out of stock or is no longer available after you have submitted your order) or if we are unable to deliver to your chosen address or within the delivery timescales specified, then we will inform you of this by e-mail (giving you a number to contact us) or we will contact you. We will not process your order, and if you have already made a payment for the products, we will ask you if you want us to hold your order until any out-of-stock products are back in stock or if you would like a refund. In the event of the latter, we will refund you the full amount paid as soon as reasonably possible.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel or limit the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by businesses, dealers, resellers or distributors.
Cancellation of Product Orders and Returns
If you are a consumer:
• You have a legal right to cancel your Contract with us under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 at any time up until 14 days after you have received the products that you ordered (if you receive your order in instalments, this means 14 days after your receipt of the final instalment). Your right to cancel will expire after that 14-day period has ended. Advice about your legal right to cancel the Contract is available from your local Citizens' Information Centre Your legal rights are not affected by the Terms and Conditions.
• You may also cancel a Contract if circumstances outside our reasonable control occur which affect our ability to supply the products for a period of at least 30 days and as a result you decide that you no longer wish us to supply them.
• If you wish to exercise your right to cancel a Contract after your order has been despatched, you must inform us of your decision to cancel the Contract by sending us an unequivocal statement to that effect (e.g. a letter sent by post, fax or e-mail). We will then refund the original purchase price and, if you have paid for delivery, the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this Contract. You must take reasonable care of the products, return them undamaged and unused in the products’ original and undamaged packaging with any security strip intact and must not have been unsealed. You must return them to us as soon as is reasonably practicable (and no later than 14 days after you have let us know of the cancellation).
• Please note that we will not be able to provide a refund if the products are not returned to us as set out above or if the security strip on a product is broken. Please note that you shall be liable for any diminished value of the products resulting from your handling of the products beyond that necessary to establish their nature, characteristics and functioning.
• Some of our products have very specific storage requirements (set out on the product label or instructions) to maintain their quality and shelf-life and these are regarded as perishable goods. Your right to cancel and receive a refund does not apply in the case of any products which are perishable goods, unless such products are faulty or not as described.
Learn more about returning a product on our returns page or contact us by email ([email protected]) or call us free of charge on 0212 427 394 (local Cork number) or contact us via the Contact Us page on the website.
Product Refunds and 365 Free Returns policy
If you are not satisfied with a product and you wish to return it after any right to cancel has expired, then you can return the product via freepost within 365 days of the date you purchased it. We will refund the price paid for the product in full, but not any delivery charges. We will not refund any postage costs paid on the original order.
Please note that we are unable to refund you for products that have very specific storage requirements (set out on the product label or instructions) to maintain their quality and shelf-life and that are regarded as perishable goods, or if a product’s expiry date has passed. The 365 Day Free Returns policy is applicable to orders up to a value of €250 per customer, per calendar year and is only valid for those who have purchased directly from the Nutri Advanced website (www.nutriadvanced.ie) or via our Customer Service Advisors free of charge on 0212 427 394.
The 365 Day Free Returns policy is only applicable to those who hold a registered Consumer or Client account.
None of the terms of our 365 Day Free Returns policy will affect your legal rights as a consumer.
Any refunds to you will be made to the debit or credit card account used for placing and paying for your order. We will refund your order within 7 working days of receipt of the returned product but please allow up to 14 days for any refund to be processed and to reach your account.
If the Products are faulty or not as described
As a consumer, you have legal rights in relation to products that are faulty, not fit for purpose or not as described.Advice about your legal rights is available from your local Citizens' Information Centre.
Nothing in the Terms and Conditions will affect these legal rights. If on delivery to you the product is faulty or not as described, or the product subsequently develops a fault which is covered under our warranty, then please contact us by sending an email to [email protected] or call us free of charge on 0212 427 394 (local Cork number) or contact us via the Contact Us page on the website and we will discuss the next steps with you. We may ask you for a photo of the problem, the Lot or Batch number of the product, the product code, and/or the expiry date, and we will also ask you for proof of purchase from us. If you decide that you would like a refund, then you must return the product to us as soon as reasonably possible and we will refund the price of the product in full, any applicable delivery charges, and any reasonable costs you incur in returning the product to us. Please make sure you retain your receipt for postage as we will ask you for proof of posting and cost.
Product descriptions
We take reasonable care to ensure that the products on the website are described accurately and fairly and that product information shown is correct and up-to-date. However, it is important for you to note that:
• the images of products on the website are for illustrative purposes only;
• packaging of products may vary from that shown on the website or any of our literature; • the flavour and texture of our natural products may vary from time to time;
• we cannot guarantee that the colour reproduction that you see on the website or our literature will accurately reflect the colour of the product when you receive it; and
• there may be minor differences between the product and its description on the website and there may be typographical or other minor errors or omissions in any description on the website or our literature.
Product substitutions
All products are subject to availability and, in some circumstances, we may experience difficulties in our supply of products, and we reserve the right to substitute alternative products of equal or greater quality and /or value at no extra cost to you. If this is the case, we will contact you prior to despatching the substitution and you will have the right to cancel your order, and if you decide to cancel, then we will offer you a refund of the price including any delivery costs (if paid).
Prices
The prices of the products will be as quoted on the website from time to time in Euros and include VAT at the applicable rate chargeable in the Republic of Ireland. If the rate of VAT changes between the date of your order and the date of delivery, the VAT rate applicable at the time of order will be charged and displayed on all further documents related to the order.
Product prices do not include delivery charges, which are quoted on the website from time to time. Details can be found here.
The website contains a large number of products and it is always possible that, despite our reasonable efforts, some of these may be incorrectly priced as a result of a genuine mistake on our part. If we discover such an error in the price of the products that you have ordered, we will inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing or via email.
Payment
During the order and checkout process, we will ask you for your payment details. You can pay using the debit or credit cards that we accept, as set out on the website and also by PayPal. By giving us your payment details, you confirm that the card being used is yours. Your card and payment details are processed by us and our online payment service provider, Braintree, a service of PayPal (Europe), in accordance with our Privacy Policy. When you have selected your Products and proceed to the checkout page to pay for them you will be redirected to the Braintree website to make the payment. Braintree are an independently certified Level 1 PCI DSS payment service provider who use the highest levels of industry standard data encryption. Braintree is authorised and registered by the Financial Conduct Authority and is obliged to comply with the Payment Card Industry Data Security Standard (PCI DSS) and to keep all of your personal information secure and private. We do not collect or retain your payment details but you may choose for your details to be retained for future use by Braintree. Please refer to their terms and conditions for further information. All card payments are subject to authorisation by your card issuer.
Payment for products and all applicable delivery charges is made in advance. You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Delivery of Products
Your order will be fulfilled in accordance with the timescales set out on our delivery information page here unless there is a delay due to circumstances outside our control. Subject to your cancellation rights set out above, we will not be liable for any delay or failure to deliver the products due to such circumstances. If there is any delay, we will contact you with a revised estimated delivery date. We will try to deliver all of the products in one order together, unless you have requested otherwise, but we reserve the right to deliver your order in instalments, for example if there is a delay on a particular product. If you request us to deliver in instalments, then we may charge you extra delivery costs at our discretion.
Delivery will be completed when we deliver the products to the delivery address that you specified.
We take reasonable care to ensure that the products and their packaging leave our premises in good condition. Please inform us immediately (no later than 7 days after receipt) by telephoning 0212 427 394 or emailing [email protected] if you find that the delivery does not include products you have ordered or is incorrect or if any products are damaged upon opening the packaging. Please see our warranty terms below and the Faulty Products section above with regard to damaged or faulty products.
International delivery
Depending on your location, there will be restrictions on product availability and delivery. If you require delivery to locations outside of the Republic of Ireland, please contact us for advice on placing orders, as the website will not accept orders for these locations. Please note that any such deliveries will be subject to customs, legal, regulatory and certain practical restrictions and are therefore at your risk. We have no control over any additional charges that may arise and we cannot predict their amount. We will not be responsible if products are delayed or not delivered to you due to seizures under customs or other restrictions. Please contact us directly at [email protected] or call us free of charge 0212 427 394 or via the Contact Us page on the website for further information.
Please note that we are not able to accept payments using debit or credit cards from certain countries, so please contact us at [email protected] or call us free of charge 0212 427 394 or via the Contact Us page on the website for alternative means to pay.
You will be responsible for payment of any such import duties, taxes and other fees. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
Our Warranties
We confirm that the products will comply with their description, and we confirm that the products will be free of material defects for the period set out on the product packaging and/or labels.
It is important that you read the product descriptions and any instructions carefully to ensure that they are suitable for your requirements and for use by you. We cannot and do not promise that any product will be suitable for use by you or will achieve any particular results for you or, in the case of products, will help alleviate or cure any particular symptoms or condition. If you have any questions please contact us and please seek advice from a qualified medical practitioner.
The warranty does not apply to any defect in the products arising from:
• natural deterioration over time (fair wear and tear) which does not affect the normal usage of the product in accordance with its instructions;
• wilful damage, abnormal storage conditions, accident, negligence by you or by any third party; or
• any failure by you to use or store the products in accordance with the product descriptions or user instructions.
We will perform our obligations under the Terms and Conditions with reasonable care and skill.
As a consumer, the express warranties set out in the Terms and Conditions are in addition to your legal rights pursuant to the implied undertakings as set out in the Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980), which require that the goods must be as described and of merchantable quality (i.e. that they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances) and the Consumer Rights Act 2007 (which deals with unfair commercial practices). Advice about your legal rights is available from your local Citizen’s Information Centre.
Client Account
If you have been referred by a healthcare professional you may have been advised to create a client account. You can create a client account via the Account Creation Page.
You will be asked to link to your healthcare professional who recommended you. You can search for your healthcare professional via their surname and postcode or their account number. Your healthcare professional will be able to give you their account number on request. T
he healthcare professional who referred you will receive commission on orders placed by their linked clients. They may also receive details such as their linked client’s registered email address, details of products purchased and order dates.
There is currently no expiry date for the link between a client and a healthcare professional. If you no longer wish to be linked to your selected healthcare professional, please contact us free of charge on 0212 427 394 or [email protected] to request your account be un-linked.
Offers and Promotional Codes
From time to time, we may make offers and promotions to you using promotional codes, subject to the following terms. Offers and promotional codes:
• must be used in accordance with the terms of the specific promotion or offer;
• may be used against purchases of products as set out in the terms of the offer or promotion;
• may be used to pay for orders of a higher price than the promotional amount, on payment of the difference;
• cannot be exchanged for cash;
• are valid for the limited time specified with the offer or promotion;
• cannot be returned or refunded, except in accordance with your legal rights;
• should be looked after by you as cash, as Nutri Advanced will not accept liability if a promotional code is lost or stolen; and
• must be applied at the basket before completion of the order (it is your responsibility to ensure that the discount has been applied).
Terms and conditions of the discount code are detailed below, which will be included in any marketing material advertising the discount or made available on request by contacting Nutri Advanced.
Conditions for the BFGOF Promotional Code – Buy Five Get One Free
Offer of cheapest product free will be applicable when 6 products added to basket and code BFGOF applied at the basket stage.
Offer excludes Events, Webinars and Programmes.
Offer cannot be used in conjunction with any other offers.
Offer valid for a maximum of 15 uses per Patient/Consumer per annum.
Offer not valid for Students/Qualified Health Professionals.
Conditions for NA2PJ Promotion
Offer applicable on minimum order value of €35 up to maximum order value of €300 and must be used before the 7-day expiry date.
Offer excludes Events, Webinars and Programmes. Offer cannot be used in conjunction with any other offers.
Voucher code valid for single use per verified Healthcare Student or Healthcare Professional account holder.
Offer not valid for clients, consumers or non-logged in users.
Conditions for BTGOF Promotion
On all ROI orders up to maximum order value of €900.
Offer excludes Events, Webinars and Programmes. Offer cannot be used in conjunction with any other offers. Offer can be used a maximum of 15 times per verified Healthcare Student or Healthcare Professional account holder.
Offer not valid for clients, consumers or non-logged in users.
Subscriptions
We are currently offering a subscription service where you can save 10% on the recommended retail prices (RRP) of subscription products. We reserve the right to withdraw or amend this service at any time.
The subscription saving cannot be used in conjunction with any other offer or discount.
You can select the subscription frequency when you place your order and you may cancel at any time via the My Account section on the website.
By placing your order you are authorising us to charge your card for future orders at the frequency you have selected.
We may terminate your subscription at our discretion without notice. If we do so you will only be charged for orders that have been dispatched to you.
Limits on Our Liability
You must follow the advice given to you in the user instructions for the product. We cannot accept liability for deterioration of products or damage to products we have supplied which is caused by your failure to follow this advice including where deterioration or damage is caused by your lack of care with regard to the use or storage of the products in accordance with the instructions. You are responsible for storing the products over time and for ensuring that they continue to be safe to use. Except as set out below, we shall not be liable for any indirect or consequential losses or damages that arise out of a product fault not caused by us.
Please note that we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by circumstances outside our reasonable control that directly or indirectly delays or prevents our timely performance under the Contract. Any agreed dates or times shall be postponed automatically for the period of delay arising from such circumstances.
Except as set out below and otherwise in the Terms and Conditions, we will not be responsible for or liable to any user or third party for any loss or damage arising in connection with:
• the use of, or inability to use or access, events;
• the use of or reliance on any content of events, or any errors or inaccuracies in such content;
• any unavailability of the events due to circumstances outside our reasonable control;
• in respect of online events, a virus or other technologically harmful material that may affect your computer, software, data or other materials and which arises from your use of the event or your downloading or streaming of any event.
Nothing in these Terms and Conditions excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• defective products under the Liability for Defective Products Act 1991.
As a consumer:
a) if we fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms and Conditions or our negligence;
b) we supply the products to you for domestic, non-commercial and private use only. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity;
c) we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products;
d) with regards to dietary supplements and vitamins provided by third party companies, we accept no legal liability for the content, quality, effectiveness, safety or claims of potential health benefits of any such supplements or vitamins; and
e) we exclude all liability that we have not expressly accepted in the Terms and Conditions, including liability for indirect or consequential loss or damage.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation. We will notify you in writing or on the website if this happens, but this will not affect your rights or our obligations under the Terms and Conditions. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You may only transfer your rights or your obligations under a Contract to another person if we agree in writing beforehand. However, as a consumer, if you have purchased a product as a gift, you may transfer the benefit of the product warranty to the recipient of the gift without needing to ask our consent. You agree not to use the product for any commercial, business or re-sale purposes (but, for the avoidance of doubt, your rights under our warranties are not transferable to any subsequent purchaser of the products).
Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this Contract to be illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not follow up with you on this but we continue to provide the products, we can still require you to make the payment at a later date.
If you are a consumer, please note that the Terms and Conditions are governed by the laws of Ireland. This means that a Contract for the purchase of products from us, and any dispute or claim arising out of or in connection with it, will be governed by the laws of Ireland. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction as respects any such dispute or claim.
Thank you for choosing to buy from Nutri Advanced. We are confident that you will be happy with the products you have ordered and with our services, but if you have any concerns or complaints please contact us by sending an email to [email protected] or call us free of charge 0212 427 394 or contact us via the Contact Us page on the website. Thank you for visiting our website.