Terms and Conditions
General Terms and Conditions (GTC)
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of
Never Age Nutrition GmbH
Sterngasse 3/2/6
1010 Vienna
office@neveragenutrition.com
These terms and conditions apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller regarding the seller's goods and services.
A consumer is any natural person who enters into a transaction that is not related to their business operations. For the purposes of these terms and conditions, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of their commercial or independent professional activity .
2) Conclusion of contract
2.1 The product descriptions contained in the seller's webshop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit an offer via the order form integrated into the seller's online shop . After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods or services contained in the shopping cart by clicking the button that finalizes the order . The customer will receive a separate, automated confirmation after the order is received.
Confirmation from Never Age Nutrition regarding receipt of your order(s). This confirmation does not yet constitute acceptance of the offer. The purchase agreement is only concluded and a claim to delivery of the goods arises upon acceptance of the offer by Never Age Nutrition. Acceptance of the offer is effected by sending the shipping confirmation to the email address provided by the customer.
2.3 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email) after the order has been submitted. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.4 The German language is available for concluding the contract.
2.5 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Subscriptions
3.1 The provisions in point 2 also apply to the conclusion of subscriptions, however with the following special features.
3.2. Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
3.3. After the selected subscription period expires, the subscription will automatically renew for another month unless the customer cancels it by the end of the current subscription period, giving four weeks' notice. Never Age Nutrition will inform the customer at the beginning of the cancellation period. The renewed subscription can then be canceled monthly, giving four weeks' notice.
3.4. Termination must be in written form; that is, the customer may terminate the contract by email; in the event of termination by the customer, it must be sent to office@neveragenutrition.com. If termination occurs before the end of the contract period, delivery of the products will continue until the end of the already invoiced and paid contract period.
3.5. We reserve the right to adjust the product prices after the subscription period has expired. Should we make a price change, we will inform the customer four weeks in advance via email. If the customer does not agree to the price increase, the subscription will be terminated. The customer has four weeks from the date of notification to declare their agreement to continue the subscription at the changed prices. If the customer does not agree or does not respond within this period, the subscription will be terminated, and the customer will no longer receive any products.
During the subscription period chosen by the customer, the price remains stable and there are no price increases.
4) Right of withdrawal
4.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract. Please refer to the cancellation policy for further details. A distance contract is a contract between the seller and a consumer that is concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (email, internet, telephone) are used up to and including the conclusion of the contract.
5) Prices and payment terms
5.1 Generally, purchases can be made by credit card or PayPal. The invoice will be sent with the package. Subscription orders within and outside the EU can only be paid by credit card. Customer payments are only considered complete once they have been received in our business account.
5.2. Unless otherwise stated in the seller's product and service description.
Unless otherwise stated, the prices quoted are total prices including statutory VAT.
5.3 In the event of late payment by the customer, we are entitled to charge default interest at the statutory rate as well as reimbursement of necessary and reasonable reminder and collection costs (at least EUR 40 for businesses). Furthermore, in the event of late payment by the customer, we are entitled to charge compound interest from the date of delivery of the goods. In the event of late payment, Never Age Nutrition is entitled, notwithstanding any other provisions, to withdraw from the contract pursuant to Section 918 (1) of the Austrian Civil Code (ABGB) after setting a grace period. Further rights of withdrawal are governed by the statutory provisions.
6) Retention of title/rights
6.1 The company reserves the right to exercise its rights against its customers, whether consumers or businesses.
The seller retains ownership of the goods provided until the purchase price has been paid in full .
7) Money-back guarantee
7.1 The customer may withdraw from the contract within 30 days without giving any reason and You may withdraw from the contract by returning the remaining product (including packaging) . The withdrawal period begins on the day the goods are delivered. It is sufficient to send the notice of withdrawal within this period to ensure timely cancellation.
7.2 To exercise your right of withdrawal and inform us of your decision, send us a written declaration of your withdrawal by email to office@neveragenutrition.com. In this email, please provide us with your name, order number, order date, and address. We will then inform you via email how and to which address you should return the product to receive your refund.
7.3 In the event of a valid cancellation, we will refund all payments made (excluding return shipping costs) within fourteen days of receiving your return. We will use the same payment method for the refund that you used for the original transaction, unless we have expressly agreed otherwise. Please note that we cannot reimburse return shipping costs.
7.4 The money-back guarantee applies only to the first purchase or subscription and can only be claimed once per monthly pack or product. Special offers and trial offers are excluded from the money-back guarantee.
7.5 The statutory right of withdrawal in accordance with the provisions of the FAGG (see point 4) remains unaffected.
8) Delivery and shipping conditions
8.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union as well as Switzerland.
8.2 Goods will be delivered by mail to the delivery address specified by the customer.
8.3 No shipping costs are charged for orders placed at www.neveragenutrition.com. The standard delivery time is 3-5 working days (Monday to Friday, excluding public holidays).
8.4 If the customer is acting as a business, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk only passes to the consumer once the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier . However, if the consumer has concluded the transport contract himself without making use of a selection option offered by the seller, the risk passes to the consumer upon handover of the goods to the carrier.
8.5 If the seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that render delivery impossible, these costs shall be borne by the customer, unless the customer is not responsible for the incorrect information or the impossibility of delivery. The same applies if the customer was temporarily prevented from accepting delivery, provided the seller had given the customer reasonable prior notice of the delivery, unless the customer, as a consumer, has rightfully declared their withdrawal from the contract.
8.6 If a delivery delay occurs due to force majeure (e.g., pandemic, strike, severe weather, disasters, war, etc.), the delivery period shall be extended by the duration of the delay. Any resulting claims for damages are excluded. For customers who are businesses, this also applies if the delivery delay occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw from the contract after setting a reasonable grace period remains unaffected in any case.
9) Compensation for damages, product liability, warranty
9.1. Claims for damages arising from a breach of contractual obligations are subject to the statutory provisions. Such a claim must be asserted in court within three years of becoming aware of the damage and the liable party; otherwise, it becomes time-barred. This also applies to claims under the Product Liability Act. All instructions on the packaging and accompanying leaflets must be observed. We assume no liability for any use and/or handling of the products contrary to the instructions. For businesses, we are not liable – except in cases of personal injury – for slight negligence or lost profits. Recourse claims pursuant to Section 12 of the Product Liability Act are excluded unless the party entitled to recourse can prove that the defect originated within our sphere of responsibility and was caused by at least gross negligence.
9.2. You have a statutory warranty right in accordance with Sections 923 et seq. of the Austrian Civil Code (ABGB). The warranty period is 24 months for consumers and 12 months for businesses, starting from the date of delivery of the goods or, in the case of services, from the date of completion. If a replacement or repair is not possible or reasonable (e.g., due to excessive effort, delay, etc.), you are entitled to a price reduction or, if the defect is not minor, to rescind the contract. Warranty claims do not apply to minor changes in performance as defined in Section VII.
9.3. For businesses, the following also applies: The delivered goods must be inspected for defects within a reasonable period and any defects must be reported to us in writing within one week of receipt; otherwise, any warranty claims are excluded. Hidden defects must be reported to us in writing within one week of discovery. Timely dispatch of the notification is sufficient to meet the deadline. The business bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, the time of its discovery, and the timely notification of the defect.
9.4. We will cover the return shipping costs in case of a defect. Please contact our customer service department by email at office@neveragenutrition.com in this case.
10) Jurisdiction/Applicable Law
10.1. All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For deliveries to consumers residing or habitually resident in the EU, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 In relation to entrepreneurs, the competent court at the seller's place of business shall be the court with exclusive jurisdiction.
10.3 The place of performance is the seller's registered office.
11) Data protection, change of address and copyright
11.1 The customer agrees that the personal data contained in the purchase agreement will be automatically stored and processed by us for the purpose of fulfilling the contract. The customer undertakes to inform us of any change of their residential or business address during the term of the contractual relationship, as long as the underlying legal transaction has not been fully performed by both parties. If the customer fails to provide such notification, declarations will be deemed served even if they are sent to the last known address. All logos, samples, catalogs, brochures, illustrations, and similar materials remain our intellectual property; without a separate agreement, the customer does not acquire any rights of use or exploitation thereof.
You can find more information about how we handle your personal data in our privacy policy.