These Terms and Conditions (“Terms”) govern the use of our website https://www.s-c-nutrition.com (“Website” or “Site”) by Purchaser(s) (“you” or “your”) and your relationship with STRENGTH & CONDITIONING NUTRITION, hereinafter referred to as (“SCN” or “We”).
Please read the Terms carefully, as they affect your legal rights and obligations. If you do not agree to these Terms, please do not access or use the Website and the e-Shop. Using the services and purchasing products offered on this Website means that you have read and understood these Terms and agree to comply with the provisions contained herein.
In the interpretation and application of these Terms, the following terms and expressions have the following meanings:
“Purchaser” means a Consumer or an Entity who has accepted these Terms.
“e-Shop” means an online shopping website owned and operated by the SCN in which a User or Purchaser may acquire Goods from the Company via the internet.
“Consumer” means a natural person who by concluding and fulfilling a consumer contract does not act within the interest of a business or any other entrepreneurship activity.
“Entity” means a legal entity duly incorporated and registered with the relevant business register.
“Registration” means creating a profile on the Website.
“Third country” means a country that is not a member of the European Union as well as a country or territory whose citizens do not enjoy the European Union’s right to free movement.
“User(s)” means an individual who interacts with the Website, in any way.
II. GENERAL CONDITIONS
1. To shop and use all services of the SCN e-shop, it is necessary for a Purchaser to be a natural person (aged or over 18 or an Entity, and to have registered voluntarily by completing the registration form on the Website which includes a valid e-mail address and password. Once the registration is completed, the Purchaser also needs to provide additional information, such as: full name, telephone number, delivery address, or if applicable, name of Entity and VAT number.
2. In case of incorrect and/or inaccurate data, the SCN reserves the right to terminate any profile and cancel pending orders.
3. SCN shall indicate on the e-Shop the name, main characteristics, final price, description, and currency for each product.
4. SCN may provide, at its own discretion, additional information for each product.
5. SCN reserves the right to change prices without prior notice to Purchasers. The Purchaser shall pay the price that is displayed on the Website for the relevant item at the time of the order.
6. SCN may organize special offers, whereas it reserves the right to terminate, change the terms, extend, or permanently suspend such special offers, at any time, by way of uploading a public announcement on the Website.
III. ORDER OF GOODS AND SERVICES. CONCLUDING OF CONTRACT
7. The Purchaser can purchase goods and services online from the Website, after logging into their account through the button “Login” using their email address and password or as a guest by filling-in the relevant information for the purchase, such as name, company name (if applicable), delivery address, telephone number, email address and payment details.
8. The Purchaser selects a specific product by clicking on the button “Add to basket” button available when viewing the products. Pressing this button saves the selected product in a virtual user basket.
9. The Purchaser can view the contents of the basket, add new products or remove already added products.
10. The Purchaser confirms his order by pressing the button “Place order”.
11. The Purchaser must confirm that he has familiarized himself with the Terms and that accepts them, otherwise, the order shall not be completed and/or processed.
12. When an order is placed and it is registered by SCN, Purchaser shall receive an email with a summary of his order (i.e. order number, a list with selected products, units, the total value of the order, delivery price, and delivery address) Such communication does not represent a confirmation of its execution by SCN. Until confirmation of the order, which is done by sending a separate e-mail confirmation for dispatching the order, accompanied by an invoice, SCN has the right not to fulfil the order in whole or in part due to reasons beyond its control. In case such an event arises, SCN must notify the Purchaser by a separate email and return the payment without delay.
13. If the Purchaser’s data is filled in incorrectly and/or inaccurately, SCN shall cancel the order, which automatically shall terminate the distance contract.
14. A distance sales contract between SCN and the Purchaser is considered to have been concluded from the moment the specific order is confirmed by the SCN with an e-mail confirmation for dispatching the order, accompanied by an invoice.
15. A registered User can store and monitor in his profile chronological information about purchases made by him in the past as well as on current orders.
16. All goods, including those in stock, promotion/discount, are sold and delivered until supplies last, even if not expressly stated on the site.
17. If the ordered products are out of stock, SCN must notify the Purchaser, specifying additional options for ordering and an approximate delivery time.
18. SCN reserves the right to cancel an order in case of violation of any of these Terms, notifying the Purchaser accordingly.
19. Upon written inquiries and opinions received through the SCN contact form, an opinion or response shall be issued to the User within 14 business days.
20. SCN reserves the ownership over the item until the Purchaser transfers the full price and receives each order.
21. SCN shall dispatch the order to the Purchaser together with the relevant documentation.
22. SCN is considered to have delivered the order to the Purchaser once the item has been handed over personally to the Purchaser by SCN or by the relevant carrier.
23. SCN delivers the order to the Purchaser in the agreed-upon quantity, quality, and specifications.
24. Unless a specific agreement has been made about the manner of packaging, the items will be packaged according to regular custom, or, in absence of such custom, packaged so as to protect the items from any reasonable damage. The item will be arranged in such a manner by SCN for the purposes of shipping as well.
25. In order to minimize the risk of possible damages and to avoid any supply issues, SCN reserves the right to deliver the goods to the Purchaser only after receiving the full price of the purchase.
IV. WARRANTIES AND SPECIFICATIONS
26. SCN undertakes to provide technical specifications for the products that are part of the distance sales contract, ensuring that the described data is based on the technical specification of the manufacturing facility.
27. SCN does not guarantee a quality other than that described quality in the technical specification. The Purchaser assumes all risk and responsibility for the use of the goods, whether used separately or in combination with other substances, and for any loss or damage and/or injury to persons arising from the use or possession of the goods subject to the contract for sale.
V. COMPLAINTS AND WITHDRAWAL FROM THE CONTRACT ON THE TERRITORY OF THE EUROPEAN UNION BY CONSUMERS
28. Upon receipt of the goods, the Purchaser is obliged to immediately perform an inspection, and in the event that he finds visible defects such as broken integrity of the packaging, transport defects, or lack of accompanying documents, the Purchaser must immediately inform the carrier that is making the delivery.
29. In the event that there are defects or identified deficiencies in the package, in the presence of the courier or the person carrying out the delivery, the Purchaser must sign a protocol with the responsible person carrying out the delivery (e.g. delivery company) evidencing his denial to receive the shipment and to send this protocol to SCN at the following email address: firstname.lastname@example.org
30. In the event that the Purchaser fails to inspect the goods upon delivery and, therefore, fails to make immediate claims to the person carrying out the delivery, the goods shall be considered approved and accepted, and the Purchaser shall lose the right to claim at a later stage.
31. In the event that a Consumer has voluntarily chosen a courier company with which SCN does not have a contractual relationship for the delivery of his order or has assigned such a courier company to return the goods back to SCN, the risk of loss or damage to the goods is entirely at the Purchaser’s expense according to Art. 103B paragraph 2 of the Consumer Protection Act and the Purchaser shall be entitled to submit his claims directly to the carrier,
32. A Consumer in the sense of the applicable EU legislation has the right to withdraw from an already concluded distance Contract without providing a reason within up to 14 days from the day of delivery of goods or the service, while it is necessary that within this time limit a record has to be made and sent (via a letter or an e-mail), informing SCN about the withdrawal from the Contract.
33. A Consumer who has exercised the right of withdrawal pursuant to the applicable legislation must return the goods to SCN within 7 calendar days of making the withdrawal and pay any transport costs for returning the goods according to Article 55 paragraph 2 of the Consumer Protection Act.
34. SCN shall refund the amount paid by the Consumer for the purchased product, including within 14 days from the date of notification of the Consumer‘s decision to withdraw from the contract. At its own discretion, SCN may cover the delivery costs for returning the products. SCN may withhold any repayment of sums to the Consumer under the previous sentence until it receives the goods or until the Consumer provides proof that it has sent the goods back that are sufficient for SCN, whichever occurs first.
35. The provisions of Art. 50 – 56 of the Consumer Protection Act, concerning the right of withdrawal by the Consumer shall not apply to contracts for the supply of sealed goods that are unsealed after their delivery and not may be returned for hygiene or health protection reasons, as well as for the delivery of goods which, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated.
36. SCN is not obliged to cover the additional costs of the Consumer if the Consumer explicitly chooses to use any other means of delivery for returning the goods other than the most economical, regular manner of delivery offered by SCN. The additional cost is calculated as a difference between the manner of delivery chosen by the Consumer and the most economical, regular manner of delivery offered by SCN.
37. The Purchaser takes note that if the purchased goods come with gifts, the deed of donation between the Purchaser and SCN is only valid for as long as the Purchaser does not withdraw from the purchase contract, in which case the deed of donation becomes void and the Purchaser is obliged to return the gifts that came with the purchased goods intended for return. In case the gifts are not returned together with the returned purchased goods, the value of these gifts will be considered as unjust enrichment of the Purchaser.
38. After fulfilling all the aforementioned conditions for returning the purchased goods, the Consumer becomes entitled to a refund of the amount paid for the returned goods, which will be refunded to the Consumer at the latest within 14 business days from the withdrawal from the contract. SCN is however not obliged to refund this payment until the returned goods are delivered by the Consumer, or until when the Consumer provides a proof of having sent the goods intended for return back to SCN. SCN is obliged to refund the amount equivalent to the price of the purchase in the same manner that was used by the Consumer upon the initial payment, unless the Consumer and SCN agree on a different manner of refunding, in which no additional fees are to be paid by SCN in order to complete this refund.
39. SCN warns that in case the goods returned upon the Consumer’s withdrawal from the Contract are damaged, worn, incomplete, without accompanying documentation (the original proof of purchase, warranty card, instructions for use, etc.), or returned without gifts provided with the purchase, SCN will claim the damage against the Consumer, possibly through the courts and a legal representative. SCN also warns that before each shipment of goods, they document the completeness and integrity of the shipped goods.
40. In case of the circumstances specified in Art. 28, Art. 29, and Art. 30 above, or loss of the goods, SCN shall not refund the amount paid for the goods and any, and all related costs.
41. All the prices are contractual. The e-Shop will always display only the current and up-to-date prices. Prices are final, including VAT and any other taxes or fees that the Purchaser is obliged to pay. This does not include additional fees for shipping and delivery.
42. Sale prices apply either during a predetermined amount of time or until the stock of a specified quantity runs out.
43. The original base price is the price of the product/service/license that the product or service was offered for by SCN before applying any particular sale bonuses and discounts related to marketing campaigns and other discounts in the operating e-shop, or the price of the product or service suggested by the manufacturer or the distributor, while the displayed price is always the price that better reflects the price level of the specific item on the market.
VII. PAYMENT CONDITIONS
44. Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your goods or the provision of the service to you.
45. SCN accepts the following payment methods and conditions:
a) Payment in advance via a bank account transfer,
b) Payment via an online bank interface (payment via a card online),
c) Payment on invoice due date (only for Entities if the conditions are met).
46. The goods remain the property of SCN until they are fully paid for and delivered to the Purchaser. The risk of damage to the goods passes to the Buyer once the goods have been delivered to them.
47. The purchaser’s billing information cannot be changed retroactively after placing the order.
48. In the unlikely event that the price shown on the checkout page is wrong, and SCN discovers this before accepting your order, we shall not be required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
49. You must use a credit or debit card registered under your name. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
VIII. TERMS OF DELIVERY
50. All orders are dispatched between 1-3 business days from the order date from within the European Union and must reach any of the member states in several days.
51. If your delivery address is within the European Union, no additional taxes will be charged to you.
52. If your delivery address is outside of the European Union you should allow DPD or UPS 10-15 days to deliver your order. Please note that you are responsible for any import formalities as well as any import duties and taxes (including VAT), which are levied once a delivery reaches your destination country and might be due. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact the local customs office for more information before making any orders.
53. Every Purchaser from a Third country must be aware of the applicable charges of their country when they make imports from the European Union.
54. SCN shall not be held liable if any or the total part of your order is seized by the customs authorities in your country.
55. SCN shall not accept any returns of seized orders, nor will make any refunds for orders made from Third countries. In case you are not certain whether your order will be able to enter your state, please contact a designated customs agent and ask for support.
56. For the avoidance of any doubt, a parcel shall not be considered lost if it is seized by the customs authorities of a Third country and/or the Purchaser refuses to proceed with the respective clearance formalities, and SCN shall not refund or resend any products.
57. We reserve the right to
a) update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such an announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
b) modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents;
c) and disable any User profile, any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
X. INTELLECTUAL PROPERTY
58. The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without the prior written consent of SCN.
59. If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
60. You grant SCN and its sub-licensees the right to use the name that you submit in connection with such content if we choose to do so.
61. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
62. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SCN, including the execution of deeds and documents, at the request of SCN.
63. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to SCN:
a) The content and material are accurate;
b) Use of the content and material you supply does not breach any applicable SCN guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
c) You agree to indemnify SCN for all claims brought by a third party against SCN arising out of or in connection with a breach of any of these warranties.
XII. LIMITATION OF LIABILITY
64. You agree to defend, indemnify and hold harmless SCN, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms; (ii) your violation of any third party right, including without limitation any trade mark, copyright, property, or privacy right; or (iii) your activities in connection with SCN’s website.
65. Supply of Goods:
(a) if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products; or (v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or (vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. The use of the Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that the material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions, the results obtained from using such information, or any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. We disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
66. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
67. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
XV. ENTIRE AGREEMENT
68. These Terms form the entire basis of any agreement reached between you and SCN.
XVI. LAW AND JURISDICTION
69. These Terms shall be governed by and construed in accordance with the laws of Bulgaria, and any disputes will be decided only by the Bulgarian courts.