General terms of sale IE
Ectiva Health Products Ltd (Ectiva), as the Irish distributors of Eurodiet, the rights of which have been granted by Protein System SA and its affiliated companies (Eurodiet) supply products and services, notably via the "Eurodiet.com" website. The purchase and/or use of Eurodiet products and services, Eurodiet mobile phone applications, and associated Eurodiet software are subject to the following terms and conditions.
These General Terms of Sale (GTS) are applicable to all products, equipment and services ("hereafter called "«Balance out of order» goods ") offered or supplied by Protein System SA (Eurodiet) to purchasers.
«Unbalanced double quotation marks in this paragraph» These General Terms of Sale govern the purchase process involving yourself and Ectiva. Eurodiet is a trademark belonging to the company Protein System SA.
Please read these terms carefully before placing any order with Ectiva. Prior to ordering, the purchaser declares that:
The products purchased on the Eurodiet website are in no way in direct relation with his/her professional activity and are strictly intended for personal use.
He/she has full legal capacity to commit to the present GTS.
Ectiva reserves the right to modify at any time the present General terms of sale.
1. OUR CONTRACT
When you place your order, we will send you a confirmation by e-mail and let you know when the articles are dispatched.
Please note that we only sell our products in quantities corresponding to the average needs of one individual. This applies to the number of products per order and to the number of orders placed by a single person (i.e. amounts of the same product usually ordered by a normal person).
Items with the “Prescription” tab can only be purchased if you have been provided a unique coupon by your trained Eurodiet adviser. While Eurodiet is in no way medication, and hence a “medical prescription” is not required, being supported by a health professional is essential for any nutritional rehabilitation and weight loss process. To make sure you get the best out of Eurodiet and help achieve your goals, we want to consult with one of our Eurodiet trained experts who can assess you, guide you and assist you.
2. RIGHT OF RETENTION
Ordered goods remain the property of Ectiva until they have been duly paid for by the client and handed over to the carrying firm.
With the exception of fresh products, all goods may be returned for refunding, at the purchaser's expense and within seven days of their reception.
Products must be returned in their original packaging, in perfect condition, ready for resale. The delivery slip should also be enclosed, with "return note" handwritten on it.
4. PRICES AND AVAILABILITY
All prices are tax inclusive (Ireland VAT and other applicable taxes) unless otherwise indicated.
All goods are payable on ordering. Sums paid to us will never be considered as deposits or down-payments. All orders are payable in Euros.
In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, Ectiva reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state, of progress.
The availability of the products for sale on our website is indicated on each product file. We are unable to provide more detailed information on product availability. Should a product be unavailable when we process your order, we will warn you by e-mail and the product in question will not be billed.
Despite all our proofreading efforts, a few products in our catalogue may be wrongly priced. All prices are systematically checked when we process your order and prior to payment. If we have made mistake in the price featured on our website, we will ask for your confirmation if the correct price is higher and will bill you the lowest price if the correct price is cheaper.
For more information, please consult our Price and Availability guides, both documents only applying to products ordered from our company.
If the products you order are to be delivered outside the European Union, they may be submitted to import taxes and/or other custom duties, recovered on product delivery. These additional taxes and duties are beyond our control and payable by the purchaser. Given that customs policies vary considerably from one country to another, you might want to contact your local customs services for further information. Moreover, please note that, when you order goods from the Eurodiet website, officially, you become their importer; you must therefore comply with the relevant laws and regulations of the country in which you receive the goods. Our clients' right to privacy is a major concern for us and we wish to remind our international clients that transborder deliveries may be opened and examined by customs. See "customs information" for further information.
6. ORDERING FROM OUR WEBSITE
The website is the fastest, safest, and easier way of ordering Eurodiet products. If you use a public computer or a shared one, we strongly recommend that you disconnect from the website and erase your identifier and password after ordering.
7. OUR OBLIGATIONS
You benefit from the legal warranty concerning hidden defects and product noncompliance.
With the exception of goods delivered to Ireland, we disclaim all responsibility should goods delivered to other countries fail to comply with the local legislation.
We commit ourselves to act with all reasonable care and diligence customarily used in the profession when providing our clients with goods and services. However, in no way can we be held responsible for delays or breach of duty of contractual obligations resulting from unforeseeable circumstances or force majeure (as defined by applicable laws) or any other cause beyond our control.
Ectiva and Eurodiet shall not be liable for breach of contract in case of inventory shortage or product unavailability due to force majeure, total or partial strikes or disruptions within the postal services and/or any other means of transport/communication used.
Ectiva and Eurodiet shall not be liable for any indirect damages that may arise in connection with the purchase of its products.
Ectiva and Eurodiet shall not be liable for any loss of data or file. The purchaser is sole responsible for the safeguarding of his/her files and data.
The Eurodiet website contains information displayed by third parties and links towards other websites. Ectiva and Eurodiet shall not be liable for any damages resulting from the use, access, or inability to use neither this third party information nor these websites.
8. APPLICABLE LAW
These General terms of sale are subject to Irish law, and the application of the Vienna convention on contracts for the international sale of goods is specifically excluded. Both purchaser and supplier agree that any litigation resulting from the trade relations between them shall be submitted to the non-exclusive jurisdiction of the courts of the City of Luxembourg, which means that, concerning the present Terms of sale, you may file for legal action in Luxembourg, or any other European Union country where you might reside, to assert your consumer rights.
Should one of the stipulations of these terms of sale be deemed invalid, void, or inapplicable, for whatever reason, this stipulation will be deemed severable and the remaining stipulation will remain valid and effective.
9. CHANGES IN SERVICES PROVIDED OR CONDITIONS OF USE
We reserve the right to modify our website, procedures, terms of sale (present document included) at any time. The terms of sale applicable are those in force at the time of purchase, except if a governmental or administrative authority demands their modification (in which case, the changes may apply to past orders you may have placed with us). Should one of the stipulations of these terms of sale be deemed invalid, void or inapplicable, for whatever reason, this stipulation will be deemed severable and the remaining stipulation will remain valid and effective.
We do not sell products to persons under age, except in cases justified by medical prescription. We sell products designed to be consumed and purchased by adults.
Eurodiet is a trademark belonging to the company Protein System SA. Our contact information is as follows:
Ectiva Health Products Ltd, 13 Loughlinstown Road, Dublin 18, Ireland. Tel +353 1 2722474
ZA Kaercherwee; 64 rue de Koerich; L-8437 Steinfort; Grand Duche of Luxembourg
Share capital: 52,057.64 €
Registered in Luxembourg
Listed in the Luxembourg Trade and Companies Register (RCS) under number B63331
EU VAT number: LU 19440529