TERMS & CONDITIONS

SECTION 1 SCOPE
The business relationships between NOURISHED3 GmbH and the buyer shall be subject exclusively to the version of the following General Terms and Conditions applicable at the time the order is placed. Conflicting terms of business or purchase of the buyer shall only be deemed recognized if this has been explicitly agreed upon in writing. 

SECTION 2 CONCLUSION OF CONTRACT
By sending an order via the website, the buyer makes a binding offer to NOURISHED3 to conclude a purchase agreement. If you place an order with NOURISHED3 we will email you confirming receipt by us of your order and the order details (confirmation of order). This confirmation of an order shall not be deemed acceptance of your offer but shall merely inform you that we have received your order. A purchase agreement shall only then be concluded when we send the ordered product to you and confirm shipment to you in a second email (shipping confirmation). No purchase contract shall be concluded regarding products from one and the same order which is not stated in the confirmation of shipment.

NOURISHED3 does not offer any products for purchase to minors. Products intended for children may likewise be only purchased by adults. Your order also functions as assurance that you are of legal age. We accept no liability for orders for our product placed by minors.

SECTION 3 RIGHT TO CANCEL WITHIN 14 DAYS; EXCLUSION OF THE RIGHT TO CANCEL, NOTIFICATION OF RIGHT TO CANCEL, RIGHT TO CANCEL

You can revoke your contractual declaration without stating grounds within 14 days in text form per email.

The period begins after receiving this formal advice in text form but not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods, not before receipt of the first part delivery) nor before fulfillment of our information duties pursuant to Article 246 Section 2 in connection with Section 1 (1) and (2) of the Introductory Law to the German Civil Code (EGBGB) and our duties under Section 312 g (1) Sentence 1 of the German Civil Code (BGB) in connection with Article 246 Section 3 of the Introductory Law to the German Civil Code (EGBGB). The period will be deemed as having been observed if notification is sent or the delivered goods are returned within this period.

Please see our Returns Policy for complete information on how to process a return. Please note, notification of return must be sent to customerservice@nourished3.com

CONSEQUENCES OF CANCELLATION

If the contract is successfully canceled, the delivered goods and any payments received will be returned to the relevant party to the contract and any benefits inevitably associated with the same (such as interest) surrendered. If you cannot return all or part of the goods delivered to you or benefits (such as benefits of use) drawn from such goods or if you return or are required to surrender the delivered goods in damaged condition, you will be obliged to pay a certain amount of compensation. This may mean that you may indeed be required to meet the contractual payment obligations for the period up to the cancellation. You shall only be required to provide compensation for the deterioration of items and for associated benefits if such use or deterioration is due to the use of the item which goes beyond the inspection of its properties and function. "Inspection of its properties and function" shall mean testing and trying out the goods in question in the way in which this is possible and customary in a conventional shop. We reserve the right to refuse any return on an already opened and used product.

Goods that can be sent by parcel post have to be returned to us at your own risk. You will be liable for the standard costs of the return delivery. Please ship the goods to: 

RETURNS
EMIRAT Handling & Fulfillment GmbH & Co. KG
(NOURISHED3 RETURN)
Otto-Hahn-Str.20
85221 Dachau
Germany

For more detail, please review Returns Policy

SECTION 4 AGREEMENT ON RETURN DELIVERY COSTS

Agreement on the assignment of costs:

If you make use of your right to cancel, you will be liable for the standard costs for the return delivery.

SECTION 5 OFFSETTING, RETENTION

The buyer shall only be entitled to offset against counterclaims that have been recognized by unappealable declaratory judgment or which are not disputed by NOURISHED3. Moreover, the buyer shall only be entitled to exercise the right to retain if the former's counterclaims arise from the same contractual relationship.

SECTION 6 PRICE

Unless otherwise explicitly stated, the prices stated by NOURISHED3 are inclusive of statutory value-added tax.

SECTION 7 RETENTION OF TITLE

Until full payment has been made the delivered goods shall remain the property of NOURISHED3.

SECTION 8 APPLICABLE LAW

Deliveries made in Germany and outside of Germany shall be subject to German law.

SECTION 9 LEGAL VENUE

NOURISHED3 legal venue is Munich.

SECTION 10 COMMENTS AND SUGGESTIONS

We always look forward to your comments and suggestions. Please send us all comments and suggestions using our web form. If you, as a buyer, feel that your rights have been violated, you can send your complaint by email TO customerservice@nourished3.com in order to seek an out-of-court settlement.

We will process the request immediately within 21 days of receipt. If you have made an online purchase via our website, we hereby inform you in accordance with European Regulation (EU) No. 524/2013 that you are entitled to pursue an agreement on the consumer dispute out of court via the online dispute resolution platform, which can be found under the internet address http://ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

SECTION 11 SUBSCRIPTIONS

When you register for a subscription to receive products, goods, or services from Nourished3 on a continuing basis, you expressly acknowledge and agree that

(a) Nourished3 (or our third-party payment processor) is authorized to charge you on the frequency of shipments you most recently selected (e.g, every thirty days, every sixty days, or every ninety days) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it, or we suspend or stop providing access to the products, goods, or services in accordance with these terms.

You may skip any shipment or cancel your subscription at any time, subject to the terms and supplemental rules.

Cancellation policy. To cancel your subscription, you must do so at least thirty (30) days before your next billing date, which is shown on my account page (Which you will find like this. For desktops, press the person emoji in the bar at the top right to go to your portal. For mobiles, click on my account at the top left to go to your portal) or email at customerservice@nourished3.com any cancellation received with less than thirty (30) days until the next billing date will not be effective until the following billing period, and you will be responsible for all charges (including any applicable taxes and other charges) incurred before the cancellation of your subscription.  ay skip any shipment or cancel your subscription at any time, subject to the terms and supplemental rules.

Cancellation policy. In order to cancel your subscription, you must do so at least thirty (30) days prior to your next billing date, which is shown on the my account page (Which you will find like this. For desktop, press the person emoji in the bar at the top right to go to your portal. For mobile, click on my account at the top left to go to your portal) or email at customerservice@nourished3.com any cancellation received with less than thirty (30) days until the next billing date will not be effective until the following billing period, and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription.  

SECTION 12 SMS PHONE NUMBER COLLECTION

By consenting to Nourished3’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy  to determine how we collect and use your personal information.

Last Modified July 19, 2022