Terms of Sale


These terms set out the basis upon which Every Health (“EH”) sells goods through our Website (these “Terms”).

In these Terms, the terms “we”, “us”, “our” and “EH” refer to Nestrade S.A, our affiliates, subsidiaries, assigns, successors, licensors, licensees, and/or agents, and “you” refers to you.

Other terms also apply to your use of our Website including our Terms of Use. Our Privacy Notice applies to any personal data shared on our Website. Our Cookies Policies applies to the use of cookies and similar technology on our Website. Separate terms will also apply to contests, sales promotions and other special content which may be made available on our Website from time to time.

If anything is unclear to you or you wish to discuss these Terms or anything you buy through our Website please see How to contact us below. We will normally contact you using the e-mail address you provide in your order (your “E-mail Address”) You can print a copy of these Terms if needed.

1. Our sales contract

1.1 These Terms govern sales of goods by EH through our Website. By placing an order to buy goods from us through our Website you accept and agree to comply with these Terms without reservation. Please read them carefully.

1.2 In order to buy goods through our Website you must be at least 18 years of age

1.3 Sales from the Website are for consumer purchase only and not for commercial resale or other business purposes and we may limit, cancel orders or volumes of products sold to each buyer accordingly.

1.4 When you place an order through our Website we will confirm receipt of your order by sending an acknowledgement to your E-mail Address. We reserve the right at any time after receipt of your order to accept or decline your order.

1.5 When we dispatch your goods, we will send a confirmation to your E-mail Address which will be our acceptance of your order creating a legally binding sales contract between you and EH subject to and in accordance with these Terms (the “Contract”). If we dispatch your goods separately, we may send you a confirmation, and there will be a separate Contract, for each. Following acceptance, you can only cancel your order in accordance with your rights under Cancellation below.

1.6 If we do not accept your order for any reason we will send a message to your E-mail Address. Your order will be cancelled, any payment refunded and there will be no Contract.

2. Order details and changes

2.1 The descriptions, prices, availability and other details of our goods will be as set out on our Website at the time you place your order subject always to the following provisions set out below.

2.2 All prices are shown inclusive of VAT other sales tax. Our delivery charges are payable in addition as also shown on the Website. If your delivery address is outside Switzerland you may have responsibility for the lawful importation of the goods including payment of any additional duties, taxes and charges. We have no responsibility for these. Please check with the authorities in your relevant territory.

2.3 We try to ensure that the descriptions, prices, availability and other details of our goods published on the Website are as accurate and up-to-date as possible, but our Website is a dynamic environment and sometimes inaccuracies and errors may occur so we will need to double-check when we receive your order. We will send a message to your E-mail Address if the actual details are different from those stated in your order. Unless you and EH expressly agree otherwise your order will be cancelled, with any payment refunded, and there will be no Contract.

2.4 EH may change the prices and other sales details on our Website, including these Terms, at any time and we may give prior notice to you but do not have to do so. We will not, however, apply the new prices, details or Terms to orders which we have already accepted under a Contract. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, and to cancel any Contract that includes a mistake.

2.5 Please note that any images on our Website are for general illustration purposes only and may vary from the actual goods, e.g. colours shown on your screen may not be fully accurate and packaging may change. In addition to online details do please read the labels and other instructions provided with the goods carefully before use.

2.6 You promise that you will provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your goods or need to cancel a Contract.

3. Payment details

3.1 You promise that any credit or debit card or other payment facilities you use belong to you, and that there are sufficient funds or credit facilities to cover the price of the items you order. You agree to be responsible for all charges incurred by you or through any account you establish on the Website, including all applicable taxes, shipping and handling, and processing charges, if any, associated with purchases.

3.2 The forms of payment we accept, through our third party payment processors, are set out on the Website and, unless otherwise agreed with us, you must pay at the time you send us your order. Some forms of payment require authorization and/or involve multiple steps including customer authentication. We and our third-party payment processors reserve the right to carry out reasonable checks and obtain appropriate validation of your order details including with third party agencies.

3.3 If the payment process is not completed fully or we [or our third party payment processor have concerns regarding any aspect of your order we may suspend or cancel your order or cancel a Contract.

3.4 All payments on the Website are taken and processed directly by our third party payment processor and we do not process or store your credit or debit card or other payment details.

4. Delivery

4.1 We will deliver you goods to the address you give us for delivery at the time you make your order. We will always try to deliver your goods within our estimated delivery times but actual delivery times are sometimes outside of our control. So any dates we give you for delivery are approximate only. Please treat them as such. We cannot be responsible for any loss or

disappointment caused by delays. If we fail to deliver within the estimated delivery time, and you and we do not agree an extension, you may cancel your Contract, with any payment refunded, by contacting us through our help centre at https://www.everyhealth.com/help-centre.list

4.2 We normally deliver all items in a multiple product order together but we may split your order into separate deliveries if that allows us to deal with your order more efficiently and effectively.

4.3 You will become the owner of the goods you have ordered once they have been delivered to your specified delivery address provided that your payment has been authorized and cleared.

4.5 Without prejudice to your rights under Cancellation below, if your cleared payment is not received (or reversed) but you have received the goods, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense. If you do not do this, we may collect or arrange for collection and we may charge you for costs and damage.

4.6 Unless you and we specifically agree otherwise, the delivery deadline for the goods is not an essential term of the Contract.

4.7 For security reasons we may not be able to process any order for which a non-private residential delivery address is provided.

5. Cancellation

5.1 You have the right to cancel your Contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you acquire (or a third party other than the carrier and indicated by you acquires) physical possession of the goods or if you have ordered multiple goods and we have delivered them separately, the last good.

5.2 To exercise the right to cancel, you must inform us through our hep centre at https://www.everyhealth.com/help-centre.list of your decision to cancel your Contract by a clear statement. You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send the communication concerning your right to cancel before the cancellation period has expired.

5.3 EFFECTS OF CANCELLATION: If you cancel your Contract as set out above, we will reimburse to you all payment received from you, including the cost of original delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (see 5.4 below). We will make the reimbursement without undue delay and not later than: (a) 14 days after the day we receive back from you any goods supplied; or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or (c) if there were no goods supplied 14 days after the day on which we are informed about your decision to cancel your Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. You shall send back the goods by contacting us through the help centre: https://www.everyhealth.com/help-centre.list without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. Please note that you will have to bear the direct cost of returning the goods.

5.5 Model cancellation form:

To [ ]

I/We[*] hereby give notice that I/we[*] cancel my/our contract of sale of the following goods,

[*]

Ordered on [*]/received on, [*]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

5.6 In addition to the right to cancel above, and your rights in respect of defective goods below, you may return any goods to us by contacting us through the help centre: https://www.everyhealth.com/help-centre.list within 30 days after they were delivered to you if they were damaged in transit or because they were not the goods you ordered and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us. If you do return any goods we may examine them to check whether they were so damaged or sent in error.

6. [Warranty and] liability

6.1 We are under a legal duty to supply to you goods that are in conformity with our Contract with you.

6.2 In addition to your rights under Cancellation above: (a) if your goods prove to be defective or faulty within 30 days of delivery to you please return the goods to us by contacting us through the help centre: https://www.everyhealth.com/help-centre.list and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (b) if your goods prove to be defective or faulty within 6 months of delivery please return the goods to us and if they can't be repaired or replaced, we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (c) if your goods do not last a reasonable period within the relevant statutory limitation period you may be entitled to some money back. If you do return any goods we may examine them to check whether they were so damaged or sent in error.

6.4 As we only sell to consumers we shall not in any event be liable to you or anyone else in relation to our Contracts or sales of goods through our Website for business-related loss, damage or costs such as lost data, lost profits or business interruption.

6.5 We shall have no liability for loss, damage or costs in relation to our Contracts or sales of goods through our Website attributed to: (a) your own fault or mistake; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our suppliers' control even if we or they have taken reasonable care.

6.6 We do not however limit or exclude warranties or our liability to you or anyone else in relation to our Contracts or sales of goods through our Website where this is prohibited by law

7. General

7.1 If you breach any of these Terms and EH does not take any action against you, we may still take action against you later or if you breach the same Term on another occasion or if you breach a different Term.

7.2 If any provision of these Terms (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect.

7.3 We intend to rely upon the written terms set out in these Terms (as may be amended in accordance with 2.4 above) as the entire understanding between us relating to any Contract. If you and we agree any other changes, confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order.

7.4 Only you or EH have the right to enforce any provision under these Terms.

7.5 We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms. We will wherever possible provide you with prior notice of this.

7.6 These Terms and the sale of goods are governed by Swiss law and you and EH agree to submit to the non-exclusive jurisdiction of the Swiss courts. This means that if you or we are able to bring a legal action relating to these Terms we can do this in a court located in Switzerland, but you or we may also bring an action in another country if this is accepted by its courts. If you are a consumer in the European Union such a court is likely to be your country of residence and although Swiss law will still apply it will be subject to any mandatory local law applicable in your country.

7.7 If you are not happy with the way EH deals with any disagreement then you and we may agree to refer the matter to mediation but you and we are not restricted from bringing court proceedings. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us through our help centre at https://www.everyhealth.com/help-centre.list . EH is not obliged to participate in dispute settlement proceedings before a consumer arbitration board or scheme.

8. Subscription Plans

8.1 You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into a subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.

8.2 We will submit periodic charges (every month, 2 months, 3 months or 4 months, as selected by you) without further authorization from you, until you opt out of auto-renewal on your “My Account” page by using the “Cancel Subscription” button.

8.3 The initial payment for your subscription order will be taken at the time of checkout. Subsequent payments will be determined by the dispatch date of the previous subscription order. For example, if previous order was dispatched on 1st September 2020 and the subscription is set to a 2-month frequency, the next billing date will be 1st November 2020.

8.4 You can cancel your subscription at any time by raising a request via your “My Account” page. Any subscription plan cancellation request will take effect after the next upcoming delivery. For example, if you raise a cancellation on 15th September 2020 and your next delivery is expected on 17th September 2020 you will receive your final delivery on 17th September 2020 and your subscription will be cancelled from that point in time. Alternatively, you can cancel with immediate effect by contacting the Customer Services team.

8.5 All orders are subject to availability. If your subscription order is not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

8.6 You have the option to delay your subscription order by a month, provided notice is given at least 5 days before your next billing date. Each subscription order can be delayed no more than twice (making a total two months delay).

8.7 Discounts may be available by subscribing. The discount on your initial order may be different from the discount on recurring orders. Special offers will not apply on top of any subscription discount, except where it is relates to meeting a spend threshold.

8.8 The delivery options which you select for your first subscription order will apply for all subsequent subscription orders. Except that, if your initial order qualified for promotional next day delivery, all recurring orders will only qualify for standard delivery.

8.9 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.