Terms and Conditions – Shopping Services and Mobile Web Applications Marketplace | Online Marketplace
Concepts:Terms and Conditions – these General Terms and Conditions.
Marketplace / online marketplace provider and operator – USA NUTRITION GROUP LLC, File
Dealers – are listed in the list of dealers here
Intermediary of the platform for the Europe market, representation for the Europe market, agent of the platform – USA NUTRITION LTD, Newhaven, East Sussex, England, BN9 0DU, Company number: 6909822 „Seller“
User – a natural person who concludes a contract with the provider for the provision of services.
Service contract – a contract between a provider and a user for the provision of services.
Civil Code – Act no. 89/2012 Coll. Civil Code as amended.
Services – performance of the provider under the contract for the provision of services to the user specified in point 2 of the terms and conditions.
User account – a virtual environment that the provider provides to the user on the basis of a service agreement.
User email address – the address provided by the user in the registration form
Helpdesk – place for electronic communication between the user and the provider, address email@example.com
Explanation:Provider and operator of the platform / online marketplace – is the operator of the platform. It operates the platform and is responsible for approving and accepting proven and quality suppliers / sellers of goods who can register on the platform from around the world. It is also responsible for accepting orders from customers, handling complaints about goods, is responsible for the overall operation of the platform and the goods that the platform offers.
Platform intermediary for the Europe market, representation for the Europe market, platform agent – The platform intermediary is a legal entity that provides a service to the platform operator and helps him to make purchases in the Europe on the basis of a cooperation agreement. Other information, specifications of activities and services provided by the platform agent to the operator are subject to trade secrets and are part of the service contract.
1. General provisions These conditions apply to purchases on the „marketplace“ / online marketplace americansupplements.eu. The conditions define and specify the rights and obligations of the platform operator, the seller and the buyer (customer).
The shopping platform is operated on the website www.americansupplements.eu.
The platform is operated by USA NUTRITION GROUP LLC, File
Number 211102000046 („Operator“).
Platform intermediary for the Europe market, representation for the Europe market, platform agent – USA NUTRITION LTD, Newhaven, East Sussex, England, BN9 0DU, Company number: 6909822 „Seller“
Foreign entities sell goods through the platform. The current list of all dealers is given in the Dealer list section. The list is part of these conditions.
The operator of the americansupplements.eu platform is not a seller of goods traded through the americansupplements.eu platform, but mediates the conclusion of purchase contracts with customers for the seller by operating a website as a platform on which sellers can present their goods and show buyers interest in selected goods and mediates the exchange of information between the seller and the buyer until the possible conclusion of the purchase contract.
The operator of the platform is authorized by the individual sellers to publish these terms and conditions and also handles some other matters for the sellers so that they are part of the purchase contracts concluded through the americansupplements.eu platform.
These conditions apply to purchases made by consumers.
Through the catalog of goods, which is located at www.americansupplements.eu, the platform operator allows customers to submit proposals (orders) for the purchase of these goods.
The goods are presented on the americansupplements.eu platform with a picture and its name, description, size chart, purchase price and other additional information.
Europe manuals are not supplied with the products as standard, because the suppliers are located outside the EU. However, the operator tries to be as helpful as possible to the buyer and will send Europe manuals in electronic form for complex products on request, if available. If the manual is not available, the operator undertakes to provide the buyer through customer service such advice that the buyer can use the product without any problems.
In matters concerning the choice of law, purchase contracts concluded through the americansupplements.eu platform are governed by the law of the Europe.
Communication between the buyer and the seller takes place until the possible conclusion of the contract through the platform. Any communication between the buyer and the operator takes place via e-mail. The contact address of the operator is firstname.lastname@example.org
2. Order and conclusion of the purchase contractThe customer selects the goods he wants to order by placing them in the shopping cart on the platform, more information can be found in the How to buy section.
By filling out and sending the order form from the platform’s web interface, the customer orders the selected goods in a binding manner. By sending the order, the buyer confirms that he has read these conditions and agrees with them. The validity of the electronic order is conditioned by filling in all data and details prescribed by the form. Before sending the order form, the customer is obliged to check all the data filled in and all the options selected by him, if variant proposals or variant negotiations are offered. Until the order form is sent, the customer can correct errors and also change the content of the order. The buyer can familiarize himself with these general conditions before sending the order.
The order is a draft purchase agreement addressed alternatively to entities that sell goods through the americansupplements.eu platform.
The platform operator forwards the order to entities that sell the selected goods through the americansupplements.eu platform, either directly or through a chain of platforms through another platform specified by the sellers.
The platform operator shall immediately acknowledge receipt of the order to the buyer by e-mail to the address specified by the buyer in the order.
A summary of his order will be sent to the customer together with the confirmation of receipt of the order. Acknowledgment of receipt of the order means confirmation of its receipt by the platform operator for further processing. The purchase contract between the buyer and the seller will be concluded by accepting the customer’s order by the seller, about which the customer will receive confirmation through the americansupplements.eu platform, or in the case of using a platform chain through another platform specified by the seller.
The contract is concluded with the seller who accepted the buyer’s order. By concluding a purchase contract, the order loses its effects in relation to other sellers.
The contract consists of the order, confirmation of receipt and these general terms and conditions. The wording of all these parts of the Agreement is available to the Customer either by sending it to the Customer (see eg section 2.4) or by the fact that the Customer may download or print it (General Terms and Conditions located on the Internet at www.amercansupplements.eu). The contract is concluded in the English language; some parts of the contract may be in English.
The contract is archived by the platform operator in electronic form and is not accessible to third parties other than the seller.
In the event that the platform operator informs the buyer about the rejection of the order by e-mail to the address specified by the buyer in the order, the order ceases to be binding without concluding a purchase contract. The platform operator is entitled to reject the order, mainly due to the depletion of stocks of goods and their long-term unavailability. The platform operator is entitled to reject the order also because the customer repeatedly, t. j. at least twice, unjustifiably or unreasonably refused to take over the goods purchased through the www.americansupplements.eu platform in the period of one year immediately preceding its current order (i.e. at the time of its delivery to the operator).
The customer can become a registered customer for the purpose of ordering goods. The standard time for sending an order is 3-25 working days. In 99% of cases, the order is sent to the customer from the seller’s warehouse within 3 days. From this moment on, the delivery time of the goods is stated in the Delivery Conditions section.
The customer expressly agrees that the order cannot be canceled after payment. After successful payment of the order, the operator of the purchasing platform hands it over to the seller, who is already working on its preparation and shipping. The customer therefore agrees that if he is unsure of the order, he will wait for it to be paid until he verifies that he really wants to place it.
3. Content of the purchase contract The subject of performance under the concluded purchase contract is the delivery of goods specified in the buyer’s order accepted (accepted) by the seller through the platform, in the quantity and price determined in the same way.
The effectiveness of the contract is conditioned by the fulfillment of the condition precedent. The condition precedent is the payment of the purchase price by the buyer.
The place of delivery of goods is the address given by the buyer in the order form. Delivery of goods is made only to places located in the Europe.
The goods are transported to the place of delivery from abroad.
The buyer chooses the method of delivery when filling out the order form. Delivery conditions, including information on possible shipping charges (postage) and including the rules set for the case of unsuccessful delivery of goods are detailed in a separate section HERE. These delivery conditions are part of these conditions.
The Operator reserves the right to extend the delivery period in case of temporary impossibility of delivery due to unavoidable and unforeseeable obstacles or force majeure, which arose without his fault, depending on these obstacles. Unavoidable and unpredictable obstacles or so-called force majeure is in particular uprisings, riots, extreme weather conditions, epidemics, quarantines, strikes, traffic and transport restrictions independent of the will of the Operator, etc.
Customs clearance may occur during delivery of the goods. Any customs duty is not included in the stated purchase price. If the buyer needs to clarify the correct procedure of the customs procedure, he can turn to the platform operator with his questions.
The buyer chooses the method of payment of the purchase price when filling out the order form. The price is paid in euros.
Payment terms are detailed on the website www.americansupplements.eu in a special section HERE. These payment terms are part of these terms. If the buyer pays in addition to the purchase price of the goods, shipping (postage) or other fees related to his order, all payments are made at once.
Ownership of the goods passes to the buyer upon payment of the purchase price upon receipt of the goods.
The buyer is obliged to check the condition of the shipment upon receipt. If the shipment is damaged, the buyer and the carrier will write a note.
The rules of processing and protection of personal data are detailed on the website www.americansupplements.eu in the section entitled Principles of personal data processing. These rules are part of these conditions.
When selling goods through the americansupplements.eu platform using a chain of platforms, the seller is in no way entitled to apply to the buyer the trading rules set for the follow-up platform specified by the seller.
4. Other provisions
4.1 The goods are not supplied with instructions for use in English as standard. If the Operator has English instructions available in electronic form, he will provide them to the Buyer upon request.
4.2 The Buyer requests the Operator to immediately start the mediation before the expiration of the 14-day withdrawal period. The operator hereby informs the buyer that in this case he has no right to withdraw from the contract.
4.3 The Operator undertakes to resolve any loss or damage to shipments of goods from the Supplier to the Customer in favor of the Customer so that the Customer does not suffer any damage as a result of this event.
4.4 The operator is not liable for damages caused by improper handling of the goods.
4.5 The Operator’s remuneration is included in the amount for the goods listed in the Operator’s shopping gallery.
5.1 The Operator undertakes to resolve complaints about its services (non-delivery of goods, delayed delivery of goods or delivery of other goods).
5.2. The operator is not responsible for the quality and quality of the goods or for the compliance of the goods with ČSN or European standards.
The buyer’s personal data is fully secured against misuse. By ordering the Operator’s services, the Buyer agrees that his personal data provided to the Operator will be used for the purposes of order processing and will not be provided to third parties other than the Supplier.
6.2. By providing its data when using the Platform (purchase, participation in the competition, news subscription, contribution in the discussion, use of customer service, etc.), the Buyer agrees to send information related to the Platform and the Supplier’s services to the Buyer’s e-mail address specified during registration or order. further agrees to the sending of commercial notifications to this e-mail address or via SMS. The consent of the buyer as a user to send commercial notices is voluntary. The buyer as a user is entitled to revoke this consent at any time in writing or electronically.
6.3 Personal data is processed indefinitely.
6.4. The Buyer acknowledges that the Operator is obliged to provide the Supplier with the Buyer’s personal data outside the European Union. The Buyer gives the Operator express consent to the transfer of this data to a third party – the Supplier. The Buyer acknowledges that the Operator cannot influence the handling of the Buyer’s data and that the handling of personal data outside the EU is not covered by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to personal data processing and movement of such data.
7. Termination and change of contract
7.1 If the Operator additionally, t. j. after the initial check of the availability of goods with a positive result (point 2.6), finds that the goods ordered by the Buyer are not in stock, the Supplier will offer the Buyer alternative goods (if available) and if the Buyer does not agree, return the full amount to the Buyer’s account. and cancel the order.
7.2. The Intermediary will return the money to the Buyer’s bank account provided by the Buyer for this purpose.
PLEASE NOTE THAT IN THE EVENT OF ORDERS ENTERED IN THE PERIOD FROM 1.5.2021 TO 1.7.2021, THE PLATFORM OPERATOR IS NOT OBLIGATORY AND ABILITY TO PAY VAT AND DUTIES ON SHIPMENTS. THEREFORE, IN THE EVENT OF DELAYS OF SHIPMENTS DURING ORDERS MADE IN THESE TERMS, THE CUSTOMER IS OBLIGATORY TO MAKE A CUSTOMS DECLARATION AND PAY ALL RELATED FEES FOR OWN COSTS. IN THE CASE OF ALL ORDERS SUBMITTED AFTER 1.7.2021, THE PLATFORM OPERATOR PAYS ALL VAT AND CUSTOMS DUTIES UNDER THE SYSTEM (IOSS). CUSTOMERS DO NOT HAVE TO BE AFRAID THAT THE SHIPMENTS WILL BE DETECTED AT CUSTOMS IN THE EVENT OF ORDERS SUBMITTED AFTER THIS DATE.
In the case of all orders placed after 1.7.2021, we can guarantee with 100% certainty that they will be subject to VAT (IOSS) under the single point of contact import regime by the operator. In short, this means that the platform operator guarantees that the customer’s CLO, VAT or other charges will be paid properly and in full for all shipments. Larger consignments may still be detained at customs. In this case, the customer can contact customer support and all such fees will be refunded by the operator at his expense.
B. SPECIAL SECTIONIntellectual property protection
Entities that sell goods through the americansupplements.eu platform are obliged to respect the intellectual property rights of third parties.
Anyone who believes that in the case of certain goods sold through the platform, there has been an infringement of intellectual property rights belonging to a third party, can send a notification by e-mail to email@example.com In so doing, it is necessary to identify precisely the goods in question and to state the circumstances which will enable the case to be assessed, either by determining or otherwise defining the allegedly infringed right.
The platform operator shall send such notification to the seller of the goods concerned with a request for redress.
In the case of obviously justified communication, the platform operator is entitled to prevent further offering and sale of the goods in question through the americansupplements.eu platform. Instructions for handling electrical waste
The operator encourages customers to use separate collection of electrical waste.
Operators of collective systems with consent to finance the management of electrical waste are listed on the website mzp.cz.
Discarded electrical appliances do not belong in municipal waste. The complete (unassembled) equipment must be handed over at the collection point.
Discarded electrical appliances can contain a number of hazardous substances, but also rare materials that can be reused.
These Business Terms and Conditions shall remain in force until they are revoked or until the Business Terms and Conditions replace them enter into force.
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
10. Cancellation Policy (right of withdrawal)
12. Storage of the contract text
14. Jurisdiction, applicable law, contract language
1. Scope1.1. For the business relationship between USA NUTRITION LTD, Newhaven, East Sussex, England, BN9 0DU, Company number: 6909822 „Seller“) and the Customers (hereinafter referred to as „Customer“) are exclusively subject to the following terms and conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays during our business hours by e-mail at firstname.lastname@example.org.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither their commercial nor their independent professional activity (§ 13 BGB). Entrepreneur in the sense of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity. Entrepreneurs are not supplied. If a delivery is made to the billing address and / or delivery address stating a company name, but no recipient UID / (CRN) is stated on the invoice, these are automatically private orders.
1.4. The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
1.5. Differing conditions of the customer are not recognized, unless the seller agrees to their validity in writing.
2. Offers and service descriptions2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid „as long as stocks last“, unless otherwise noted in the products. Incidentally, errors remain reserved.
3. Ordering process and contract conclusion3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart.
3.2 The customer can then proceed within the shopping cart via the equal button to complete the order process.
3.3. With the equal button the customer makes a binding offer to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the „Print“ function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 working days, or hand over the shipment confirmed the customer within 2 working days with a second e-mail, express order confirmation or sending the invoice.
3.5. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. The delivery period begins with receipt of the amount on our specified bank account. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
4. Prices and shipping costs4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller will charge shipping for the delivery. The shipping costs are clearly communicated to the buyer on the shipping side and within the ordering process.
4.3. When delivering to a non-EEA country, the consumer must bear all import and export charges, including any duties, fees and charges. The delivery charge is € 8,90,- per order.
FREE SHIPPING IN EUROPE from a goods value of € 100,-
5. Delivery, product availability5.1. If no copies of the product selected by him are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently non-deliverable, the seller looks away from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller will inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.3 The customer has the right to cancel the order without giving reasons at any time prior to its binding confirmation by the seller.
5.4 If the shipment is returned due to incorrect shipping information provided by the customer, the seller reserves the right to cancel the order or part of it.
5.5 The seller is not liable for loss or damage if the customer provides incorrect address or shipping information.
5.6 The availability of the products can be changed without further notice by the seller. Already processed orders will not be refunded.
5.7 The Seller does not accept any responsibility for compliance with the import regulations and requirements of the Buyer’s country of purchase and country of origin.
5.8 The seller delivers worldwide 5.8 As soon as the payment is received, the seller sends the goods within 2 working days plus delivery time which depends on whether the delivery is to a country inside or outside the EU.
The delivery time cannot be influenced. Experience shows that this takes 2 – 3 working days within the EU and 3 – 4 working days outside the EU.
6. Payment arrangements6.1. The customer can choose from the available payment methods within and before the order process. The payment is optional:
– Transfer in advance
– Stripe | payment by Mastercard, Visa, Diners Club, AMEX, Apple Pay, Google Pay 6.2. When selecting the transfer in advance, the payment is due immediately after conclusion of the contract. A discount deduction is not possible.
6.3. For payment by credit card, the payment time corresponds to the time of the order. If third-party providers are charged with payment processing. 6.4 In the case of a payment by Sofortüberweisung, the customer can still trigger the payment of the ordered goods via his online banking account during his order. After selecting the payment method „Sofortüberweisung“ in the order process it will be directed to the secure payment form of SOFORT GmbH (www.sofort.com). The SOFORT GmbH automatically takes over the payment process, which is comparable to a debit card payment with PIN, without any possibility for the seller to inspect. As in the case of a debit card payment, SOFORT GmbH checks the credit limit of the customer’s account in the case of an instant bank transfer and makes a transfer to the seller in the event of a corresponding account coverage. In addition, the system of SOFORT GmbH checks in about 30 percent of cases, whether previous payments were booked with Sofortüberweisung in order to exclude systematic fraud.
In order to carry out an immediate transfer, SOFORT GmbH needs the PIN and a TAN of the customer’s online banking account in addition to the name, bank code and account number. The name, bank code, account number, purpose of use, amount and date of the transfer are not stored in the credit limit or account balance of the account or past sales.
In the case of a successful transaction, the seller of SOFORT GmbH only receives the automated confirmation in real time that the transfer has been made.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
7. Retention of title
Until full payment, the delivered goods remain the property of the seller.
8. Warranty and guarantee
The warranty is determined by legal regulations.
9. Liability9.1. The seller is liable only for damages that are due to intentional or grossly negligent behavior. This also applies to indirect consequential damages, such as lost profits in particular.
9.2. Liability shall be limited to the damages foreseeable at the time of conclusion of the contract and otherwise limited in amount to the average damages typical for the contract. This also applies to indirect consequential damages, such as lost profits in particular.
10. Cancellation Policy (right of withdrawal)
– Beginning of the withdrawal instructions for consumers –Resignation by express written declaration
Each customer can within 14 days after receipt of the goods by sending a written declaration of resignation without giving reasons to withdraw from the contract. It is sufficient if the resignation is sent within this period (it decides the date of the postal order). In this case, the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods were used and / or damaged, the customer has to pay a reasonable fee for the use, including a reasonable compensation for the damages incurred – at the maximum amount of the value of the goods – to the seller.
The declaration of withdrawal must be contact first the customer service before sending back the items.
Resignation through simple return of the goods
The customer can also exercise his right of withdrawal by merely verifiably returning the goods to the seller within 14 days of receipt without written notice of resignation. For a preservation of the period is sufficient in this case, the verifiable timely dispatch of the goods. The prerequisite for this form of exercise of the right of withdrawal by simply returning the goods is that the goods are not damaged or used and the return is sufficiently postage paid. The seller bears the return shipping costs (postage) only in the case of a wrong or faulty delivery.
The risk of the return as well as its proof lies with the customer. In the case of a resignation of the customer (by explicit declaration or simple return of the goods), the seller pays back immediately the already paid purchase price – shipping costs are not refunded. When placing an order on an open invoice, a credit note will be issued to the customer account.
– End of the withdrawal instructions for consumers –
11. Returns11.1. Customers are requested to return the item to the seller prior to return email@example.com to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
11.2. Customers are requested to return the goods as prepaid packages to the seller and to keep the receipt. Upon request, the seller will reimburse the customer for the postage costs, unless they are to be borne by the buyer.
11.3. Damaged or contaminated goods are excluded from the return. The goods must be returned in original packaging with all accessories to the seller.
11.4. The modalities mentioned in this section of the terms and conditions are not a prerequisite for the effective exercise of the resignation acc. No. 10 of these Terms.
12. Storage of the contract text12.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an e-mail with all order data to the e-mail address provided by him.
13. Privacy13.1. The seller processes personal data of the customer earmarked and in accordance with the statutory provisions.
13.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
13.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
14. Jurisdiction, applicable law, contract language14.1. Jurisdiction and place of performance is the seat of the seller.
14.2. The law of the United States.
14.3. Contract language is English.
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