These Terms and Conditions of Vitaliv (the "Terms") apply to individual users' or organizations' (the "Users") access and use of the electronic commerce site https://shop.vitaliv.com, as well as associated services and domain names (collectively, the "Site"). The Terms constitute a legally binding agreement between Vitaliv (defined below) and the User regarding the User's access to and use of the Website, as well as the purchase of food supplements on offer through the Website (the "Products"). The Terms do not apply to any third-party software, websites, or services. The section titles in these Terms are for guidance only and have no legal effect.
Website operator. The website is owned and operated by Vitaliv AS, Postboks 2044, 2811 Hunndalen, Norway. Vitaliv can be contacted via e-mail kundeservice@vitaliv.no or telephone 22008000 (10-15) (10 AM to 3 PM).
The Website is not marketed to, and should not be used by, persons under the age of eighteen. Users with parental responsibility for a child (e.g., parents or guardians) can order the Products for their minors. However, Vitaliv does not allow children under the age of eighteen to make such orders on their own.
Although Vitaliv regularly reviews the information available on the Website, Vitaliv cannot guarantee the accuracy, reliability, suitability, relevance, or completeness of the information available on the Website, whether provided by Vitaliv or any third-party.
The Website may contain links to websites, applications and other online sources owned and operated by third-parties. The Website may also contain information and adverts. Vitaliv is not in any way responsible for links, websites, information, or adverts provided by such third-parties, or the security and privacy protection procedures implemented by those who operate third-party websites. The user must show caution before clicking on any such third-party links or adverts.
In addition to the Terms, the User's access to and use of the Website is also governed by the documents listed below; these should be read and interpreted in conjunction with these Terms:
The products could be available in limited sizes and quantities. If displayed on the Website, the product will be available.
Vitaliv makes reasonable efforts to ensure that the colours, images, and other specifications regarding the Products are accurate. Vitaliv cannot guarantee that (i) the screen of the User's electronic device reproduces the colours and images of the products in an accurate manner and (ii) that the Products' quality meets the Customer's expectations.
Even though the Products may be beneficial to human health, they do not belong to the category "medicinal products" defined by EU Directives 65/65/ EC and 92/73 EC; instead, they are defined as "dietary supplement" as described in Article 2 (a) of EU Directive 2002/46/EC.
There is a possibility to use the Products during a trial period if a subscription agreement is entered. Vitaliv offers a 30-day trial period for the Products ("The Trial Period") starting from the date of sale (i.e., the day the User places the order). The products the user receives during the Trial Period are referred to as the Trial Package Products. When the Trial Period starts, the User receives the first order with a discount and shipping included. By ordering the trial package-Products with a discount, the User accepts that a subscription is entered into for the Products. The details in connection with the subscription plan will be made available to the User before the order of the Trial Package Products is made. The Trial Period is valid once per household only. If the User previously has received a discounted package, the following order will be invoiced at the regular price.
The purchase of the Products is subject to an applicable compensation ("The Compensation") to be paid by the User either on a subscription basis or as individual payments. If the User chooses a subscription plan, the subscription will begin immediately after the User has given explicit consent on the Website. By entering into a sales contract with Vitaliv (i.e., placing an order for the Products), the User agrees to pay the Fees in accordance with these Terms, the Terms and Conditions associated with the Compensation, and other terms and conditions in force at the time of entering the contract. The fees will remain valid as long as (i) they are indicated on the Website or (ii) they are communicated by Vitaliv. The fees may be changed by at least thirty calendar days' notice to the User (if the User has a subscription plan) or without notice (if the User does not have a subscription plan). During the subscription period, Vitaliv reserves the right to make minor adjustments to the Compensation for ordinary orders.
Unless otherwise specified, the Compensation includes all applicable sales-related taxes, value added taxes and other fees subject to duty imposed by the tax authorities.
The fees are paid by the User via invoice which they receive together with the package containing the Products.
The invoices are sent automatically at the beginning of each invoicing cycle together with the package containing the Products. Unless the User terminates the subscription before the end of the current subscription period, Vitaliv will automatically renew the subscription plan based on the renewal cycle and issue an invoice for outstanding Fees.
Subscriptions must be terminated at least twenty-eight calendar days before the end of the current billing period to avoid automatic renewal and charging with the User's payment method. The termination deadline of the subscription is specified on the User's invoice. Return of the Products (other than the Trial Package Products) does not replace the User's termination of the User's subscription.
Vitaliv respects consumers' rights and complies with current consumer protection legislation. If the User purchases Products as a consumer (i.e., a natural person who does not mainly function as part of a business activity), the User has the right to withdraw from the service contract with Vitaliv within a period of 14 days after the User has received the subscription's Trial package. To exercise this right, the User must inform Vitaliv's customer service about the decision to withdraw from the contract by sending an e-mail to kundeservice@vitaliv.no or call 22008000 (10-15) (10 AM to 3 PM) before the 14 days period ends. After Vitaliv has been notified about the User's exert of the right of withdrawal, the User must send the Products back to Vitaliv and pay all shipping costs. Vitaliv will refund the fees paid by the User within 14 days after receiving the User's notification about exercising his right of withdrawal by using the same payment method that was used to make the purchase. In any case, the User will not be charged any fees because of the refund.
You can download the return form here.The right of withdrawal does not apply under the following circumstances:
If Vitaliv has reason to believe that the User is misusing the trial package scheme (e.g., due to repetitive requests to terminate the subscription received from the same User), Vitaliv may refuse the User to order more trial packages.
The fine for breach of the sales contract depends on the total amount of the User's outstanding Fees. The fine rate is 25 % of the total outstanding amount (if the subscription package for example costs NOK 799, the fine for breach of the sales contract will be NOK 199.75). Please contact Vitaliv's customer service if you have questions regarding fines.
Claims can only be done for Products with manufacturing defects. In such cases, the customer must contact customer service for further instructions. Products sent by Vitaliv before the User's claim must be paid in full.
Vitaliv will deliver the Products to the address specified by the User during the check-out process. The delivery is performed by third-party shipping partners (Posten) and entails shipping costs paid by the User, unless otherwise specified on the Website. After Vitaliv has received an order from the Customer, the delivery will take 14 days. The estimated delivery time is subject to change at Vitaliv's sole discretion. The delivery time is only an estimate and may depend on several distinct factors that Vitaliv may not have control over.
If Vitaliv is unable to deliver the Products and this is due to an error made by the User (e.g., the User has entered the wrong address), Vitaliv can, but is not obliged to, arrange a return of the Products
Vitaliv's customer service is always available if the Customer has problems, questions, or wants to give feedback. Vitaliv does its utmost to make Users happy with the Products they purchase from the Website. Requests from users are answered as soon as possible.
Postal address: Vitaliv AS, Postboks 2044, 2811 Hunndalen, Norge
Phone: 22008000
Customer Service: kundeservice@vitaliv.no
If Vitaliv has the User's e-mail address or telephone number, Vitaliv will, from time to time, send the User a newsletter or an SMS to keep the User informed about the Products and exclusive offers that may be of interest to the User. Such advert-related communications are sent in the following cases:
The user may at any time refuse to receive advert-related communication, free of charge, by clicking on a specified link that is present in any newsletter or SMS, or by contacting Vitaliv directly.
Vitaliv will, if necessary, send essential information to Users, such as notifications regarding orders, payments, technical aspects of the Website, the User's privacy and security, and other administrative matters. This type of information falls outside the classification of advert-related communications that require the User's prior consent.
Users may upload and post certain types of content through the Website ("User Content"). The User Content may be made available to other users of the Website. The User is responsible for (i) exercising due diligence when uploading User Content to the Website, (ii) not making sensitive information publicly available to other users of the Website, and (iii) ensuring that, when uploading User Content to the Website, that the User follows these Terms.
By uploading User Content to the Website, the User grants Vitaliv unlimited, sublicensable, fee-free, perpetual, and irrevocable rights to use, distribute, display, advertise, adapt, remix, publicly present, extract, produce derivative works from, and reproduce User Content for the purposes of operating the Website and exercising the Company's legitimate business interests.
The User hereby agrees not to (i) post any Content that violates these Terms or applicable law, including other intellectual property rights, and (ii) to pay any fees, charges, and other capital applicable to the User Content.
The User agrees and understands that Vitaliv may, but is not obligated to, monitor and review User Content to support the Website's security. Vitaliv reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove User Content in part or in full, if the Content violates these Terms or there is a chance of damaging the Website's reputation. The User is solely responsible for the User Content.
User content includes the respective users' personal views and recommendations; User Content does not reflect Vitaliv's views, approvals, recommendations, or obligations.
The greater part of the content available on the Website is owned by Vitaliv, its partners, agents, licensors, resellers and/or other content providers. Such content includes, but is not limited to, images, text, audio-visual content, source code, trademarks, service marks, trade names, graphics, and button icons. The website's content is protected by current intellectual property law and international treaties. Unless prior written permission from Vitaliv has been granted, the User is not allowed to copy, distribute, disclose, disassemble, modify, reverse engineer, translate, adapt, rent, lend, lease, or attempt to grant the Website's content to third-parties, or use manual or automatic methods to computer scrape any content available on the Website.
The user is not allowed to use Vitaliv's brand, words or figurative trademarks belonging to the Website or third-party trademarks without the prior consent of the trademark owner. The User is not allowed to use, without having received prior written consent from Vitaliv, such brands or trademarks in any way that could imply that Vitaliv sponsors, approves or is affiliated with the User.
Third-party intellectual property available on the site do not belong to Vitaliv and remains the property of the respective third-party owner.
Unless limited by applicable law or otherwise specified, Vitaliv is not liable for any loss or damage, including, but not limited to, financial, unintentional, special or other related types of damage and/or loss as a result from or in conjunction with The User's use of the Website or the Products, any content made available through the Website, or transactions carried out through the Website. The user agrees not to hold Vitaliv liable for losses that occur in conjunction with any incident or event beyond Vitaliv's reasonable control. This applies regardless of whether Vitaliv is aware of or should have been aware of the risk of such loss or damage.
Vitaliv offers the Website on an "as available", "as is" and "including all shortcomings" basis. To the extent permitted by applicable law, Vitaliv has no responsibility to or guarantee the reliability, suitability, and accuracy – for any purpose – of the Website, the Website's content, or Products.
It is the User's sole responsibility to confirm and assess the suitability of the Website's and Products' purposes before use, and to determine whether the Website and the Products are suitable for the intended use.
By using the Website, the User agrees that Vitaliv may use third-party suppliers to provide hardware, software, network, storage, and other technological services. Actions and omissions performed by third-parties may be beyond Vitaliv's reasonable control. To the maximum extent permitted by Norwegian law, Vitaliv shall not be liable for any loss or damage caused by the actions and omissions from such third-party suppliers.
The Terms are not intended to limit the statutory or mandatory rights the User has as a consumer.
These Terms are subject to Norwegian law. Disputes arising from or in conjunction with these Terms shall be resolved through negotiations between the User and Vitaliv. If a dispute is not resolved through negotiation, the case can be submitted to Norwegian courts. The foregoing does not limit the consumer’s mandatory rights.
The Website's accessibility may be affected by factors that Vitaliv cannot control within reasonable limits, such as equipment failures, bandwidth issues, and actions and omissions caused by third-party service providers or force majeure events. Vitaliv is not responsible for the Website's accessibility caused by such factors.
The Terms enter into force on the date indicated at the top of the Terms and will remain in force until Vitaliv decides to update or terminate them.
Vitaliv reserves the right to modify these Terms at any time, where the changes take effect when an updated version is updated on the Website. Such changes may be necessary due to changes in regulations or legislation, new elements on the Website or Vitaliv's business practices. Vitaliv will notify the User (if the User's contact details are known to Vitaliv) of any type of notable change in the Terms that may be of significance to the User. The User's continued use of the Website after a change constitutes the User's consent to the relevant changes.
If Vitaliv believes, at its sole discretion, that the User is in breach of these Terms, and that it is appropriate, necessary, and desirable to do so, Vitaliv may:
The User has no right to transfer the User's rights to others. Vitaliv is entitled to transfer its rights and obligations under these Terms, in part or in full, to a third-party by giving the User a notice.
If during the period of these Terms, Vitaliv is acquired, merged, or sells all or significant parts of the company's assets, these Terms shall not automatically terminate, and Vitaliv shall, to a reasonable extent, facilitate so that the owner or remaining business can enter into and be bound by the provisions of these Terms.
If one or several provisions of these Terms are considered invalid, illegal, or unenforceable, the validity or enforcement of the other provisions of the Terms shall as result not be affected.
The User consent to defend and hold Vitaliv, its subsidiaries, affiliates, functionaries, agents, contractors, licensors, service providers, subcontractors, suppliers, apprentices, and employees indemnified from any claims or requests as a result from the User's breach of these Terms, the User's use of the Terms or the Products, or the User's violation of any law or third-party right.