TERMS AND CONDITIONS 

1. BACKGROUND

1.1. These general terms and conditions (the "Terms") will apply between GetVitaMine Scandinavia AB, corporate identity number 559261-0470, including any of our group companies ("VitaMine", "we", or "us") and you as a user (the “User" or "you") when purchasing Products (as defined below) through the use of the Service (as defined below). 

1.2. The Terms describe the Service and what applies to you as a User, as well as which rights and obligations you and VitaMine have respectively. The Terms regulate the relationship between you and VitaMine, including our possible subcontractors and partners. 

1.3. You register as a User on the Website (as defined below) by (i) filling out your information, e.g. name, social security number, address and payment details, and (ii) accept the Terms and our privacy policy. Once you have registered as a User on the Website, you have entered into an agreement with VitaMine regarding the use of the Service and the purchase of Products. Please note that we may change these Terms while you are registered as a User with us in accordance with section 14.1 below.

1.4. After completing the registration on the Website, you will have access to "my pages", which you access by logging in to the Service via the Website with your login details (”My Pages”).

 

2. DESCRIPTION OF THE SERVICE

 

2.1. General information about the Service

2.1.1. VitaMine sells and delivers nutritional supplements to Users who have registered for a subscription with us (the "Subscription" and the "Service" respectively) via the website www.getvitamine.com (the "Website").

2.1.2. The Service consists of nutritional supplements that are specially adapted to each User (the "Product"). In connection with you signing up for the Subscription via the Service and registering as a User, you undergo a so-called screening where you answer a number of selected questions about your health and aspects related to it. The purpose of the screening is that you should get a Product that is specially adapted to you and your needs through the use of the Service.

2.1.3. When the Subscription has been active for a period of time, you as a User can receive a number of follow-up questions from us about your current health and well-being in order for us to be able to adapt the Product for you and your current needs as long as the Subscription continues. Follow-up questions according to this section are asked and answered on My Pages.

2.1.4. VitaMine can propose adaptations and adjustments to your nutrition supplements (the Product), which, if applicable, is based on the provided answers by you during the initial screening according to section 2.1.2 above as well as the follow-up according to section 2.1.3 above. It is always the User's own choice to implement any proposals for adaptations of the Product, which is made via My Pages, where Users also expressly approve the changes in the Subscription. 

2.1.5. In order for you to receive suggestions for adaptations and adjustments of the Product (according to section 2.1.4 above) that are specifically adapted to you and older at the time of purchase and delivery must take place to a postal address in Sweden. your needs, it is important that you provide sincere and truthful answers to us in order for us to be able to provide suggestions for customizations and deliver Products according to your needs. 

2.1.6. The Product and the Subscription are marketed under the name "VitaMineTM".

2.1.7. VitaMine uses carefully selected third party suppliers for the manufacture, packaging and delivery of the Products ("Third Party Suppliers").

2.1.8. The Service only targets Users who are consumers, and who otherwise meet the requirements in section 2.3.5 below. Users may not resell the Product to third parties.

 

2.2. Subscription term and termination, etc.

2.2.1. The Subscription is ongoing without a commitment period, subject to your termination of the Subscription in accordance with the Terms.

2.2.2. Termination of the Subscription must occur one (1) day before the next order is produced.. In the event that termination takes place after the Products have been produced, the termination applies at the earliest from the time such delivery has taken place.

2.2.3. Termination of the Subscription is managed via My Pages, after which Users receive an automated e-mail with a confirmation that the Subscription has been terminated and the current date to which the Subscription will be terminated.

 

2.3. Order and payment

2.3.1. An order of the Product is placed for the first time via the Service on the Website and is then delivered to you monthly during the term of the Subscription in accordance with the Terms. 

2.3.2. During the term of the Subscription, users have the opportunity to adjust the Product via My Pages. In the event that adjustment of the Product occurs or if the monthly cost of the Subscription is otherwise affected, Users confirm and approve the new price for the Subscription via My Pages.

2.3.3. The User pays for the Service and the Product in connection with the User placing an order on the Website and payment is made with a debit or credit card via the Website's current payment solution. Additional conditions for payment of the Subscription are stated in section 4 below.

2.3.4. After placing an order, the User will receive an order confirmation which states the User’s name, address, payment method, shipping method and a table of contents of the ordered Products. The User is urged to make sure that all information is correct and, if any information is incorrect, immediately contact support@getvitamine.se, 

2.3.5. The price of the Subscription includes ordered Products and taxes and fees such as VAT and administrative costs. Current prices for the Product and any other costs (regarding e.g., delivery) linked to the Product and the Service can be found on the Website and may be adjusted by VitaMine from time to time.

2.3.6. In order for Users to be able to use the Service and create a Subscription, the User must be 18 years or older at the time of purchase and delivery must take place to a postal address in Sweden.

2.3.7. We make no warranty relating to any final sales of Products and in the event that ordered Products are sold out, we will notify you as a User and either propose an alternative solution or as soon as possible reimburse the cost of the ordered sold-out Product. 

 

2.4. Delivery

2.4.1. VitaMine purchases the Product sold via the
Service from carefully selected Third Party Suppliers who manufacture and / or package the Products on behalf of VitaMine before they are sent to the User through the agreed delivery alternative.

2.4.2. VitaMine Third Party Supplier ships the purchased Products (ordered and individually adapted via the Service and the Subscription) to the delivery address in Sweden, chosen by you. Each delivery of the Product contains 30 daily doses, and each daily dose consist of one (1) bag with the nutritional supplements for each day.

2.4.3. Delivery of Products normally takes place within ten to twelve (10-12) business days from the day of the first order and thereafter delivery takes place every fourth (4th) week. VitaMine strives to promptly inform you as a User in the event of any delivery delays. 

 

3. MEDICAL HISTORY ETC.

3.1. The products are not intended to treat, cure or prevent any disease and information on the Website or other advertising regarding the Product and the Service is
not intended to replace the individual advice you may receive from your doctor.

3.2.  VitaMine is not responsible for Users' underlying and / or diagnosed diseases. It is the User's own responsibility to consult with a qualified doctor before placing an order for the Subscription and Products via the Service. 

3.3. If you have a recurring health problem, always inform and consult your doctor before using the Products. If you are taking one or more prescription-based medicines, contact and consult your doctor, or pharmacist, before using our Products. 

3.4. If you experience any side effects after using the Products, stop using the Products immediately and contact your doctor. 

3.5. You accept that the use of the Products at your own risk and it is your own responsibility to make sufficient inquiries and consult a doctor before using the Service and the Products.

 

4. PAYMENT TERMS

4.1. When ordering Products through the Service, payment is made through a payment solution available on the Website provided by VitaMine’s current payment service provider (the "Payment Service Provider"). The Payment solution is integrated with the Website and payment is made with credit- or debit card or another available payment solution.

4.2. By using the Service, registering for a Subscription and making payment for Products, you as a User also agree to the Payment Service Provider's terms and conditions applicable to the use of such a payment solution. Any problems that arise during the payment are handled via the Payment Service Provider's support solution. We hereby recommend that you visit the Payment Service Provider's website and take part of the Payment Service Provider's current terms.

4.3. Payment for the Subscription is automatically charged from the debit or credit card you have entered in the Service.

4.4. In the event that payment of the Subscription is refused or otherwise fails, the Subscription will automatically be put on pause and Users are automatically notified via e-mail.

 

5. RIGHTS OF WITHDRAWAL AND COMPLAINTS

5.1. Withdrawal

5.1.1. Consumers have a statutory right of withdrawal in accordance with the Swedish Distance and Off Premises Contracts Act (Sw. Lag (2005:59) om distansavtal och avtal utanför affärslokaler). However, the Product included in the Subscription, refers to a product that has been manufactured in accordance with the consumer's (User's) instructions or has otherwise been given a clear personal touch. The right of withdrawal for consumers is exempted for such custom-made goods and products. If you as a consumer purchase the Product via the Service and the Subscription, you confirm and give your express consent that you have no right of withdrawal regarding purchased Products.

5.2. Complaints upon defects

5.2.1. You as a User have the right to file a complaint about the Product provided that the Product was incorrect or defected at the time of delivery and that you notify us within a reasonable time but no later than ten (10) days after you noticed or should have noticed the defect. Complaints about Products shall be made as soon as possible in accordance with the Terms in this section 5.

5.2.2. When using your right of complaint, you as a User must contact support@getvitamine.com.

5.2.3. Refunds to Users upon their use of the right to file complaints is administered when VitaMine has received the returned Product, after which VitaMine will refund an amount corresponding to the price already paid for the Product.

5.2.4. Refunds of Products as a result of complaints will be made to the account number you have entered in the Service.

 

6. TRANSPORT DAMAGES

6.1. If Products have been damaged during transport to you in such a way that the Product cannot be used in the intended manner, this must be reported to us immediately and no later than ten (10) days via support@getvitamine.com. After receiving a complaint, we will arrange a new delivery of Products free of charge or refund the Refund Amount to you.

 

7. LIMITATION OF LIABILITY

7.1. VitaMine is only liable for direct damages up to an amount corresponding to the price of the Products under the Subscription and provided that the damage occurred at the latest in connection with the User receiving the Product.

7.2. VitaMine is not liable for any indirect damages, losses of profit or other consequential damages. Furthermore, VitaMine is not responsible for any changes in the Service and / or the Product that are not due to VitaMine.

7.3. VitaMine reserves the right not to refund the Refund Amount upon a complaint in accordance with section 5 above, in the event that VitaMine does not consider the Product to be defective.

7.4. The Service and the Products are provided “as is” and "as available" for your use and without any express or implied warranties unless otherwise is expressly stated in the Terms. We cannot guarantee that your use of the Service and the Products will occur without interruption or without error and do not provide any guarantees regarding satisfactory results, quality, marketability, suitability for a specific purpose, sustainability or non-infringement of rights (regarding the Service) for the Service and the Products. In particular, we do not make any guarantees whatsoever that any expected results will be achieved through the use of the Service and the Products.

 

8. INTELLECTUAL PROPERTY

All pictures, texts and other content on the Website are protected by copyright, trademark protection and / or other intellectual property rights. Unless stated otherwise, all material on the Website is VitaMine’s or its licensors’ exclusive property of which VitaMine has full ownership and/or right to use. You as a User are therefore not entitled to distribute, license, modify, copy, publish or sell information, software, products or services that constitute VitaMine's intellectual property (including, but not limited to, copyright and other rights to trademarks, company names and know-how of the Service and / or VitaMine) other than as required in order to use the Service in accordance with the Terms.

 

9. USER COMMITMENTS

Users undertake and guarantee to:
(i) comply with the Terms of the Service;
(ii) provide truthful and accurate information about himself or herself as a User when using the Service;
(iii) use the Products only for personal use and do not resell the Products;
(iv) not use the Service or the Website in an unethical manner;
(v) not copy or otherwise improperly use the Service or VitaMine's intellectual property rights; and (vi) be fully responsible for the login details to My Pages and any changes and adjustments to the Service, the Subscription and / or the Product made via My Pages.

 

10. PERSONAL DATA

10.1. Users' use of the Service and holders of a Subscription includes processing of personal data for various purposes. VitaMine is responsible for personal data processed in order to perform the Service and the Subscription, regardless of whether the processing takes place by VitaMine or by another party on behalf of VitaMine. Personal data is information that can be directly or indirectly linked to a natural person.

10.2. By accepting the Terms, you as a User acknowledge and agree that VitaMine processes:
(i) contact information such as name, address, e-mail address and social security number;
(ii) special categories of personal information (so-called sensitive personal information) about your health; and
(iii) payment information in order for VitaMine to be able to perform the Service and comply with applicable laws and regulations.

10.3. For further information on how we process personal data, we refer to our current privacy policy which can be found on the Website.

 

11. FORCE MAJEURE

If VitaMine is prevented from fulfilling its obligations in accordance with the Terms due to circumstances which VitaMine could not reasonably control or not reasonably could have anticipated, resulting in consequences that VitaMine could not reasonably have avoided or overcome, including but not limited to labour dispute, war, fire, lightning, terrorist attack, embargo, government intervention, government provision or law, rebellion, error or delay in services from subcontractor due to circumstances stated here, and other circumstances beyond VitaMine's control, given that VitaMine has reasonably tried limit the damage, this shall constitute a ground for an exemption of VitaMine’s liability which shall result in postponing of the time for performance in accordance with the Terms (including but not limited to delivery of Products) and exemption from any potential penalties.

 

12. COMPLAINTS AND CUSTOMER SERVICE

If you want to submit a complaint or get in touch with our customer service in general regarding the Service and / or the Products, you are welcome to contact us by sending an e-mail to support@getvitamine.com.

 

13. BREACH OF THE TERMS

13.1. Users may be held liable for loss and damage suffered by VitaMine or anyone else as a result of User's breach of the Terms or applicable law or as a result of any other negligent conduct.

13.2. If VitaMine has reason to believe that the information and data you have provided VitaMine with is not correct or if you use the Service in a way that is not in accordance with the Terms, VitaMine has the right to terminate your Subscription and any associated services with immediate effect.

 

14. OTHER

14.1. VitaMine has the right to change the Terms without notifying Users in advance of the change. The latest version of the Terms will always be available on the Website, and we recommend that you as a User review the Terms at regular intervals for any changes.

14.2. If any provision of these Terms is held to be unenforceable, the remainder of the Terms will not be unenforceable in its entirety, instead such provision declared unenforceable shall be deemed to be invalid and shall not affect the validity of the other provisions of the Terms.

14.3. VitaMine has the right to transfer its rights and obligations under the Terms at any time, provided that the acquiring party can reasonably be expected to fulfil its obligations under the Terms in a manner satisfactory to the User. You as a User do not have the right to transfer your rights or obligations under the Terms to third parties.

14.4. These Terms constitute the entire agreement between VitaMine and Users regarding the Service and the Subscription and supersede all previous agreements and commitments between the parties regarding the Service and the Subscription.

 

15. APPLICABLE LAW AND DISPUTE RESOLUTION

15.1.These Terms have been construed in accordance with and shall be governed by Swedish law.

15.2. Upon any dispute between VitaMine and the User due to the Terms or for any other reason, the parties shall as a first instance try to resolve the dispute by agreement. If the parties cannot agree, the dispute can be resolved by the Swedish National Board of Consumer Disputes (Sw. Allmänna reklamationsnämnden) to the extent that the authority is competent to consider the matter. Otherwise, the dispute will be decided by the general courts of Sweden.