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

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding his goods and services.

A consumer is any natural person who conducts a transaction that is not part of their business operations. An entrepreneur, within the meaning of these Terms and Conditions, is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise 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 submit a binding offer by the Customer.

2.2 The customer can submit the offer via the order form integrated into the seller's web shop . After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button concluding the order process . Upon receipt of the order, the customer will receive a separate, automated

Confirmation from Never Age Nutrition regarding receipt of the order(s). Such confirmation does not constitute acceptance of the offer. Only upon acceptance of the offer by Never Age Nutrition does the purchase contract come into effect, and a claim to delivery of the goods arises. Acceptance of the offer occurs 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 will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by 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 will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.4 The German language is available for the conclusion of the contract.

2.5 Order processing and contact are generally carried out 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 this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Conclusion of subscriptions

3.1 The provisions in point 2 also apply to the conclusion of subscriptions, but 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 notice.

3.3. After the selected subscription period has expired, the subscription will automatically renew for a further month unless the customer cancels it by four weeks' notice before the end of the subscription period. Never Age Nutrition will notify the customer of this at the start of the cancellation period. The renewed subscription can then be canceled monthly with four weeks' notice.

3.4. Termination must be in writing, meaning the customer can terminate the contract by email; in the case of termination by the customer, this must be sent to office@neveragenutrition.com. In the event of termination before the end of the contract period, delivery of the products will continue until the end of the contract period already invoiced and paid for.

3.5. We reserve the right to adjust product prices after the end of the subscription period. If we make a price change, we will notify the customer four weeks in advance by email. If the customer does not agree to the price increase, the subscription will be canceled. The customer has four weeks from the date of notification to consent to continuing the subscription with 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 not receive any further 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. For further details, please refer to the cancellation policy. 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 exclusively 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 Purchases can generally be processed 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 made once they have been received in our business account.

5.2 Unless the Seller’s product and service description

Unless otherwise stated, the prices quoted are total prices which include statutory VAT.

5.3 In the event of default by the customer on payment, we are entitled to demand 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 default by the customer on payment, we are entitled to demand compound interest from the date of delivery of the goods. In the event of default on payment, Never Age Nutrition is entitled, without prejudice to other provisions, to withdraw from the contract after setting a grace period in accordance with Section 918 (1) of the Austrian Civil Code (ABGB). Further withdrawal options are governed by statutory provisions.

6) Retention of title/rights

6.1 The company reserves the right to make use of its own resources in relation to its customers, whether they are consumers or entrepreneurs.

Seller retains ownership of the goods made available until the purchase price owed 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. This period begins on the day of delivery of the goods. Sending the declaration of withdrawal within this period is sufficient to declare the withdrawal in a timely manner.

7.2 To exercise your right of withdrawal and inform us of your decision, send us a written statement stating the reason for your withdrawal by email to office@neveragenutrition.com.

7.3 In the event of a valid cancellation, we will refund any payments made (excluding return shipping costs) within fourteen days of the day on which we receive your cancellation notice. We will use the same payment method you used for the original transaction for the refund, unless we have expressly agreed otherwise.

7.4 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 residing or domiciled in a member state of the European Union and Switzerland.

8.2 Goods shall be delivered by shipping to the delivery address specified by the customer.

8.3 There are no shipping costs for orders placed at www.neveragenutrition.com. The standard delivery time is 3-5 business days (Monday to Friday, excluding public holidays).

8.4 If the customer is acting as an entrepreneur, the risk of loss or damage to the sold goods shall pass to the customer as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier . However, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by the entrepreneur, the risk shall pass to the customer 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 make delivery impossible, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, provided the Seller has given the Customer reasonable advance notice of the service, unless the Customer, as a consumer, legitimately declares their withdrawal.

8.6 If a delivery delay occurs due to force majeure (e.g., pandemic, strike, severe weather, disaster, war, etc.), the delivery period shall be extended by the duration of the resulting delay. Any resulting claims for damages are excluded. For customers who are entrepreneurs, 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, subject to a reasonable grace period, remains unaffected.

9) Damages, product liability, warranty

9.1. Claims for damages due to the breach of a contractual obligation must be fulfilled under the statutory requirements. Such a claim must be asserted in court within three years of knowledge of the damage and the person responsible; otherwise, it becomes time-barred. This also applies to claims under the Product Liability Act. All instructions on the packaging and accompanying documents must be observed. We assume no liability for any deviating use and/or handling of the products. 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 was caused within our area of ​​responsibility and was at least due to gross negligence.

9.2. You have a statutory warranty right pursuant to Section 923 et seq. of the Austrian Civil Code (ABGB). The warranty period is 24 months for consumers and 12 months for businesses from the date of receipt of the goods or, in the case of services, from their completion. If an exchange or improvement is not possible or reasonable (e.g., due to excessive effort, delayed delivery, etc.), you are entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission). Warranty claims do not apply to minor changes to the service in accordance with Section VII.

9.3. The following also applies to entrepreneurs: The delivered goods must be inspected for defects within a reasonable period of time and notified to us in writing within one week of receipt; otherwise, the warranty claim is excluded. Hidden defects must be notified to us in writing within one week of discovery. Timely dispatch of the notification is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all requirements for a claim, in particular for the defect itself, the time of discovery of the defect, and the timely notification of the defect.

9.4. We will cover the return shipping costs in the event of a defect. In this case, please contact our customer service by email at office@neveragenutrition.com.

10) Place of jurisdiction/applicable law

10.1. All legal relationships 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. For deliveries to consumers with their domicile or habitual residence in the EU, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 In relation to entrepreneurs, the competent court at the Seller's registered office shall be agreed as the exclusive competent court.

10.3 The place of performance is the registered office of the Seller.

11) Data protection, change of address and copyright

11.1 The customer agrees that the personal data contained in the purchase contract will be automatically stored and processed by us for the purpose of fulfilling the contract. The customer undertakes to notify 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 fulfilled by both parties. If the customer fails to do so, declarations shall be deemed delivered even if they are sent to the last address provided. All logos, samples, catalogs, brochures, illustrations, and similar materials remain our intellectual property; without a separate agreement, the customer acquires no rights of use or exploitation to them.

You can find more information about how we handle your personal data in our privacy policy.