Terms of service
Overview
This website and the online store operated on it are operated by Naksu Nutrition S.à r.l.-S. The terms “we,” “us,” “our,” and “provider” refer to Naksu Nutrition S.à r.l.-S.
We provide you with all information, content, features, tools, products, and services (hereinafter collectively referred to as the “Services”) through this website, provided that you accept all terms, policies, and notices contained herein.
By visiting our website and/or purchasing a product, you use our Services and agree to be bound by the following Terms and Conditions (hereinafter “Terms and Conditions” or “Terms”). This also includes all additional terms and policies referenced in these Terms or accessible through this website, in particular our Privacy Policy.
These Terms apply to all users of the website, including but not limited to visitors, customers, vendors, purchasers, merchants, content contributors, and any other users who access the website or use our Services. Please read these Terms carefully before using our website or placing an order. By using the website or any part of our Services, you agree to these Terms. If you do not agree to these Terms, you may not use our website or Services.
To the extent that these Terms are to be understood as a legal offer, acceptance is expressly limited to these Terms. Any new features, tools, or extensions added to our online store shall also be subject to these Terms.
We reserve the right to update, modify, or replace these Terms at any time by posting changes and/or updates on this website. It is your responsibility to review this page regularly. Continued use of the website or our Services following the publication of changes constitutes acceptance of those changes.
The contract language is German. If these Terms and Conditions are translated into other languages, such translations are provided solely for convenience and better understanding. In the event of any discrepancy or conflict between the German version and a translated version, the German version shall prevail to the extent permitted by law.
1. Eligibility and User Obligations
By agreeing to these Terms and Conditions, you represent that you have reached the legally required minimum age in your state or province of residence or, if you are a minor, that you have obtained the consent of a legal guardian to use our website and Services.
You agree to use our products and services exclusively for lawful purposes. You are prohibited from violating any applicable laws or regulations (including, but not limited to, copyright laws), infringing our rights or the rights of third parties, or using the Services for unlawful, abusive, fraudulent, or harmful purposes or encouraging others to engage in such conduct.
In addition to the foregoing, you are prohibited from using our website or its content in particular for: unlawful purposes; soliciting, promoting, supporting, or participating in unlawful acts; violating applicable local, national, or international laws or regulations; infringing intellectual property rights of us or third parties; harassing, abusing, harming, defaming, libeling, intimidating, or discriminating against individuals based on gender, origin, religion, age, or any other protected characteristic; submitting false, misleading, or fraudulent information; transmitting viruses, malicious code, or other harmful technologies; collecting, storing, or processing personal data without authorization; engaging in spam, phishing, pharming, pretexting, or similar abusive practices; using automated systems such as bots, spiders, scraping tools, crawling tools, or data collection mechanisms; engaging in obscene, immoral, or otherwise objectionable activities; circumventing, impairing, or manipulating security measures or access restrictions of our Services or related systems; or any other unlawful, abusive, or unauthorized use.
The transmission of malware, viruses, or other harmful code, as well as any technologies capable of impairing the functionality, security, or availability of our Services, is strictly prohibited.
You are further prohibited from using our Services in any manner that impairs or may impair the functionality, security, or availability of the website. This includes, in particular, the use of automated systems, bots, scraping tools, data collection or extraction mechanisms, as well as AI-powered systems to access our Services or extract data, the circumvention or manipulation of security measures, and any other unauthorized use.
Furthermore, it is prohibited to reproduce, copy, distribute, resell, or otherwise exploit any part of our Services or content without authorization, or to engage in conduct that restricts or interferes with the use of our Services by others or that may harm us, our Services, or other users, or expose them to liability.
In order to use our Services, particularly when placing orders, you may be required to provide personal information (e.g., email address, billing information, payment information, and shipping details). You represent that all information provided by you is truthful, complete, and up to date and that you are authorized to use such information.
If a customer account is created, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account. The transfer, assignment, or sharing of the account with third parties is prohibited.
In the event of a violation of these provisions, we reserve the right to take appropriate measures. Such measures include, in particular, restricting, suspending, or terminating access to our Services and pursuing any further legal remedies available to us.
2. General Terms of Use and Intellectual Property
We reserve the right to refuse or restrict access to our Services at any time and for any reason, in whole or in part.
You acknowledge that content transmitted by you (excluding payment information) may be transferred unencrypted and may involve transmissions over various networks as well as modifications required for technical compatibility with networks or devices. Payment information is always processed in encrypted form during transmission.
All content and Services available on this website, including but not limited to text, trademarks, logos, graphics, images, videos, designs, and their selection and arrangement, are the intellectual property of Naksu Nutrition S.à r.l.-S or its licensors and are protected by applicable intellectual property laws.
The use of our Services is permitted solely for personal, non-commercial purposes. Without our prior express written consent, you may not reproduce, copy, distribute, sell, resell, modify, or otherwise exploit any content or part of the Services.
Unauthorized use of our content or Services may constitute a violation of applicable laws and may result in legal action. All rights not expressly granted are reserved.
The headings used in these Terms are included for convenience only and shall not affect the interpretation of these provisions.
3. Products and/or Services
We make every effort to display our products and services and their characteristics, particularly colors, representations, and images, as accurately as possible. Nevertheless, deviations may occur depending on the device, screen, or individual settings used. A match between the on-screen display and the actual product cannot be guaranteed.
We do not warrant that the display of products on your device will exactly correspond to the actual characteristics of the delivered products.
Certain products or services may be available exclusively through our online store. Such products or services may only be available in limited quantities or subject to availability and are subject to the applicable return and withdrawal policies.
We reserve the right, at our sole discretion, to limit the sale of products or the provision of services to specific persons, regions, or jurisdictions. This right may be exercised on a case-by-case basis.
We further reserve the right to limit product quantities or service availability at any time.
All product and service descriptions, as well as pricing information, may be changed at any time without prior notice, provided such changes are reasonable for the customer.
We reserve the right to discontinue products or services at any time without providing reasons.
Any offer for products or services on this website is void where prohibited by law.
We do not guarantee that any errors in connection with our Services will be corrected at all times.
4. Formation of Contract and Orders
The presentation of products in our online store does not constitute a legally binding offer but rather a non-binding invitation to the customer to place an order.
By submitting an order, you make a binding offer to conclude a purchase agreement for the products contained in your shopping cart.
Before completing the order, you have the opportunity to review, modify, or cancel your entries. After submitting the order, you will receive an automatic confirmation of receipt by email, which merely confirms receipt of your order and does not constitute acceptance of the contract.
A purchase contract is only concluded when we expressly accept your order, in particular through a separate order confirmation or by dispatching the goods.
Please review your order carefully before submitting it. After acceptance of the order, cancellation or modification requests may no longer be possible.
We reserve the right to reject or cancel orders at our sole discretion, particularly in cases of suspected misuse, incorrect information, or unusual order quantities. In such cases, we will inform you using the contact details provided with the order.
We reserve the right to limit the quantities purchased per person, household, or order, or to cancel corresponding orders. These restrictions may also apply to orders placed using the same customer account, payment method, billing address, or shipping address.
We further reserve the right to restrict or reject orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all orders and to promptly update such information whenever necessary so that we can properly process your order and contact you.
Order processing will only commence after successful receipt of payment.
If we do not accept, modify, or cancel an order, we will, where possible, notify you using the contact details provided with the order (particularly email address, billing address, or telephone number).
You represent that your order is placed solely for private use and is not intended for commercial resale.
Returns and withdrawals are governed exclusively by the provisions of our Right of Withdrawal Policy.
5. Accuracy, Completeness and Timeliness of Information
We do not warrant the accuracy, completeness, or timeliness of the information provided on this website.
The content of this website is provided for general informational purposes only and shall not serve as the sole basis for making decisions. It is recommended that you consult additional, more accurate, more complete, or more current sources of information.
This website may also contain information that is no longer current. Such content is provided solely for general information purposes.
Occasionally, our website or Services may contain typographical errors, inaccuracies, or omissions, particularly with regard to product descriptions, pricing, promotions, offers, shipping costs, delivery times, availability, and other content or information.
We reserve the right to correct such errors, inaccuracies, or omissions at any time and without prior notice, and to change or update information accordingly. This also applies after an order has been received or accepted.
We further reserve the right to cancel orders if they are based on incorrect information.
We are under no obligation to update, amend, or supplement any content on this website unless required by law. It is your responsibility to monitor changes on our website.
Any update or revision date displayed on our website does not necessarily indicate that all content has been completely revised or updated.
6. Prices, Payment Terms and Promotions
All prices are subject to change at any time without prior notice. The price applicable is the price at the time of the order, as stated in the order confirmation.
Unless expressly stated otherwise, all prices include applicable value-added tax (VAT), excluding any shipping costs, handling fees, and, where applicable, customs duties or import charges.
We reserve the right to change, restrict, or discontinue prices, offers, promotions, or the scope of our Services at any time, provided such changes are reasonable for customers. No claims shall arise against us as a result.
Prices displayed in our online store may differ from prices offered through other sales channels or third-party providers.
From time to time, we may offer promotions, discounts, or special offers that are subject to separate terms and conditions. In the event of a conflict between such promotional terms and these Terms and Conditions, the promotional terms shall prevail.
You agree to provide current, complete, and accurate payment and account information for all purchases. You represent that you are authorized to use the specified payment method and that all amounts due, including any shipping costs, fees, taxes, or import-related charges, will be paid in full.
We reserve the right to review or refuse payments before accepting an order.
We shall not be liable for any price changes, adjustments, suspensions, or discontinuation of offers or Services.
7. Shipping and Delivery
We make every effort to comply with the stated delivery times. However, delivery times are non-binding unless expressly agreed otherwise.
We assume no liability for delays caused by shipping service providers, customs clearance procedures, or events beyond our reasonable control.
Delivery shall be made to the shipping address provided by the customer.
The risk of accidental loss or accidental deterioration of the goods shall pass to the customer only upon delivery of the goods to the customer or to a person authorized to receive them.
We are entitled to make partial deliveries where reasonable for the customer. However, the customer shall have no right to demand partial deliveries.
Delivery is generally made as a single shipment. If a product is temporarily unavailable, we reserve the right to postpone delivery until complete availability is restored, to make partial deliveries at our discretion, or to withdraw from the contract with respect to the affected product. In such cases, the customer will be informed and any payments already made will be refunded without undue delay.
In the event of partial deliveries, the customer shall not incur any additional shipping costs unless expressly agreed otherwise.
The customer is responsible for providing a correct and complete delivery address. We shall not be liable for delays or non-delivery resulting from incorrect information provided by the customer.
If a delivery is refused by the customer or cannot be completed for reasons attributable to the customer, we reserve the right to charge the customer for any resulting costs.
8. Optional Tools and Third-Party Services
As part of our Services, we may provide you with tools or features supplied by third parties. We have no control over and undertake no monitoring of such tools.
Such tools are provided on an “as is” and “as available” basis without any warranty, representation, or endorsement on our part.
Your use of such tools is entirely at your own risk and discretion. It is your responsibility to familiarize yourself with and comply with the applicable terms and conditions of the respective third-party providers.
We shall not be liable for any damages or disadvantages arising in connection with the use of such third-party tools.
We reserve the right to expand our offerings at any time by adding further functions, tools, or services. Any such new features shall also be deemed part of our Services and shall be subject to these Terms and Conditions.
9. External Links and Third-Party Content
Our website and Services may contain content, materials, or features provided by third parties, as well as links to external websites that are not operated or controlled by us.
We are under no obligation to review or monitor such content or websites and make no representations or warranties regarding their accuracy, completeness, or legality. We assume no responsibility or liability for any content, products, or services provided by third parties.
If you leave our website and access external websites or content, you do so entirely at your own risk.
We shall not be liable for any damages or disadvantages arising in connection with the use of external websites or the purchase of products, services, resources, or content from third parties.
It is your responsibility to review and understand the applicable terms and conditions and privacy policies of third-party providers before engaging in any transactions.
Complaints, claims, concerns, or questions regarding products or services provided by third parties must be directed to the respective third-party provider.
10. Privacy Policy
The processing of personal data is carried out in accordance with our Privacy Policy, which is available on our website under Privacy Policy.
By using our Services, you consent to the processing of your data in accordance with the Privacy Policy.
11. Feedback and User Content
If you submit, upload, publish, email, or otherwise provide us with ideas, suggestions, ratings, reviews, comments, or other content (hereinafter “Feedback”), you agree that we may use, edit, copy, translate, reproduce, publish, distribute, and otherwise exploit such Feedback without restriction, free of charge, worldwide, and for an unlimited period of time, including for commercial purposes.
Such use includes, in particular, the right to use Feedback for the improvement, promotion, and further development of our products and Services.
We are under no obligation to treat Feedback as confidential, to provide compensation for it, or to respond to it.
We reserve the right, at our sole discretion, to monitor, review, edit, or remove content, particularly where such content violates applicable law, these Terms and Conditions, or the rights of third parties, or is considered offensive, defamatory, threatening, pornographic, obscene, or otherwise objectionable.
You represent that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other proprietary rights, and does not contain unlawful or harmful content. Furthermore, your Feedback must not contain malware, viruses, or other harmful technologies that could impair the functionality of our Services.
You are prohibited from providing false information, impersonating another person or entity, or otherwise misleading us as to the origin of your Feedback.
You are solely responsible for your Feedback and its accuracy. We assume no liability for content published by you or any third party.
Further information regarding our product reviews and applicable review policies can be found here.
12. Termination
These Terms and Conditions shall remain in effect until terminated by either you or us.
You may stop using our Services at any time by discontinuing the use of our website or by notifying us accordingly.
We reserve the right to terminate or restrict this agreement or your access to our Services, in whole or in part, at any time and without prior notice, particularly if you violate these Terms and Conditions or if such a violation is suspected.
Upon termination, you remain responsible for all amounts due up to the date of termination.
Any rights, obligations, and liabilities of the parties arising prior to termination shall survive termination.
Any provisions of these Terms and Conditions that by their nature should survive termination shall remain in full force and effect after termination. This includes, in particular, provisions relating to intellectual property, liability, limitations of liability, Feedback, and any other provisions that expressly or by their nature are intended to survive termination.
13. Disclaimer of Warranties and Availability
The information provided on or through our Services is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, timeliness, or usefulness of such information. Any reliance on such information is at your own risk.
We do not warrant that the use of our Services will be uninterrupted, timely, secure, or error-free, or that any errors or disruptions will be corrected.
We do not guarantee that the results obtained from the use of our Services will be accurate, reliable, or meet your expectations.
You expressly agree that your use of, or inability to use, our Services is at your sole risk.
To the fullest extent permitted by law, our Services and all content, products, and services provided through them are offered on an “as is” and “as available” basis without any express or implied representations, warranties, or conditions of any kind. This includes, in particular, implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement of third-party rights.
We reserve the right to modify, restrict, suspend, or discontinue our Services, in whole or in part, at any time without prior notice.
Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such cases, the foregoing limitations shall apply only to the extent permitted by applicable law.
Nothing in the foregoing provisions shall affect any mandatory statutory rights, in particular your statutory warranty rights in relation to defective products.
14. Liability and Limitation of Liability
To the fullest extent permitted by law, our liability for damages, losses, or claims arising out of or in connection with the use of our Services or the purchase of products through our website is excluded.
In particular, we shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages of any kind, including but not limited to loss of profits, loss of sales, loss of revenue, loss of savings, loss of data, loss of use, business interruption, loss of reputation, costs of substitute procurement, or any other economic losses, whether based on contract, tort (including negligence), strict liability, or any other legal theory.
We assume no liability for damages resulting from the use or inability to use our Services, including damages arising from technical failures, system outages, interruptions, delays, transmission errors, data loss, security breaches, or other malfunctions of our website or related systems.
We shall not be liable for any content, information, or materials provided, published, or made available through our Services, including their accuracy, completeness, or timeliness, nor for any damages resulting from their use.
Liability for damages caused by unauthorized access by third parties, cyberattacks, malware, or other external interference is excluded to the extent permitted by law.
The foregoing limitations of liability shall also apply for the benefit of our legal representatives, officers, employees, affiliated companies, contractors, service providers, agents, and other third parties involved in providing our Services or performing our obligations.
To the extent permitted by law, our liability, regardless of the legal basis, shall be limited to foreseeable damages typical for this type of contract.
Nothing in the foregoing exclusions or limitations shall affect mandatory statutory liability provisions. This applies in particular to damages resulting from injury to life, body, or health, damages caused by intentional misconduct or gross negligence, claims under product liability laws, or any other cases in which liability cannot be excluded or limited by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless us and our parent companies, subsidiaries, affiliates, partners, legal representatives, officers, directors, employees, contractors, subcontractors, service providers, suppliers, licensors, and other agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) asserted by third parties arising from or related to your breach of these Terms and Conditions or any policies or agreements incorporated herein, your violation of applicable laws or third-party rights, including copyright, trademark, privacy, or personality rights, your abusive, unlawful, or otherwise unauthorized use of our Services, or any content, data, or information provided by you.
We will notify you of any such claim without undue delay; however, delayed notification shall not affect your indemnification obligations unless such delay causes you substantial prejudice.
We shall have the right to control the defense and settlement of such claims at our sole discretion, including the selection of legal counsel. However, any settlement that imposes obligations on you beyond purely financial obligations shall require your consent, which shall not be unreasonably withheld.
You agree to reasonably cooperate with us in the defense and settlement of such claims, including by providing relevant information and documentation.
16. Severability
If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed upon that most closely reflects the economic purpose of the original provision, to the extent permitted by law.
17. Waiver and Entire Agreement
Any failure by us to exercise or enforce any right, provision, or claim under these Terms and Conditions, in whole or in part, shall not constitute a waiver of such right, provision, or claim. Any waiver shall only be effective if expressly made in writing.
These Terms and Conditions, together with all policies, conditions, notices, or other provisions published on this website, constitute the entire agreement between you and us regarding the use of our Services. They supersede all prior or contemporaneous agreements, understandings, negotiations, representations, or communications, whether oral or written.
No ancillary agreements exist. Individual agreements with the customer shall prevail over these Terms and Conditions only if they have been expressly agreed upon in writing.
Should any ambiguity arise in the interpretation of these Terms and Conditions, such ambiguity shall not be construed against the party that drafted these Terms.
These Terms and Conditions shall apply in the version valid at the time of use or order.
18. Assignment
You may not assign, transfer, delegate, or otherwise convey these Terms and Conditions or any rights and obligations arising hereunder, in whole or in part, without our prior express written consent. Any attempted assignment in violation of this provision shall be null and void.
We may assign, transfer, or delegate these Terms and Conditions and any rights and obligations arising hereunder, in whole or in part, at any time without your consent, particularly in connection with corporate restructurings, business transfers, or the involvement of affiliated companies or service providers.
19. Governing Law
These Terms and Conditions and all contracts concluded on the basis thereof shall be governed by the laws of the Grand Duchy of Luxembourg, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and Conditions or contracts concluded under them shall be the registered office of our company.
For consumers who have their habitual residence in another Member State of the European Union, mandatory statutory provisions of the respective country of residence shall remain unaffected.
20. Changes to the Terms and Conditions
The current version of these Terms and Conditions is available on our website at any time.
We reserve the right, at our sole discretion, to update, modify, or replace these Terms and Conditions, in whole or in part, at any time by publishing the revised Terms on our website.
It is your responsibility to review these Terms and Conditions regularly for changes.
Where required by law, we will separately inform you of material changes. Such changes shall take effect at the time specified in the notification.
Your continued use of our website or Services after the effective date of such changes constitutes acceptance of the revised Terms and Conditions.
21. Contact Information
If you have any questions regarding these Terms and Conditions, you may contact us at any time using the following email address: support@naksunutrition.com