Terms & Conditions

The Company:

Nutricocktails GmbH
Tulpenstrasse 16
8051 Zürich

This website is owned and operated by Nutricocktails GmbH (Tulpenstrasse 16, 8051 Zürich). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors all types of inspirational articles, images & videos, tips and more items (both from Nutricocktails GmbH and from third parties) as well as a variety of products designed to help the customer or visitor of this website to achieve a healthier lifestyle in terms of the values of the owners.

By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

1. Usage

By using the website and/or its content/offerings, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete;(2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Website and/or its content/offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Website and/or its content/offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Website and/or its content/offerings for any illegal or unauthorized purpose nor may you, in the use of Website and/or its content/offerings, violate any laws. Among unauthorized Website and/or its content/offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Website and/or its content/offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Website and/or its content/offerings and the Site is provided for informational and advertising purposes only.

2. Store

2.1 Products and offers

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Website and/or its content/offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Website and/or its content/offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Website and/or its content/offerings are subject to availability, and we cannot guarantee that Website and/or its content/offerings will be in stock. Certain Website and/or its content/offerings may be available exclusively online through the Site. Such Website and/or its content/offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Website and/or its content/offerings offered or available on the Site. All descriptions or pricing of the Website and/or its content/offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Website and/or its content/offerings at any time for any reason. We do not warrant that the quality of any of the Website and/or its content/offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

2.2 Purchases and payment

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Website and/or its content/offerings made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in CHF. 

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.


The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

3. Return policy

For any damaged product, simply return it with its included accessories and packaging along with the original receipt* (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method.

In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) undamaged products cannot be changed nor returned.

*Should your product be too damaged for a return, you can contact us by email at info@nutricoktails.com and describe your particular case with us.

4. Corrections and changes in our services

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

5. Warranty

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment of repaired or replaced products to the customer and the customer will be responsible for the return shipment of the product to us.

Products that are perishable are only safe when kept under the conditions state in the product description and/or the packaging. Perishable products might last less than the written date on the package, should they be stored wrongly. Neither Nutricoktails GmbH nor any of its employees/associates are to be made responsible in the rare event of any disease.

6. Copyright

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Nutricocktails GmbH. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

7. User registration

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

8. Cancellation and/or deletion of accounts

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the website and/or content/offerings; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the website and/or content/offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Nutricocktails GmbH and its employees/associates, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Nutricocktails GmbH and its employees/associates assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

11. Right to change and modify terms

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Website and/or its content/offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Website and/or its content/offerings. 

 

We cannot guarantee the Site and the Website and/or its content/offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Website and/or its content/offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Website and/or its content/offerings during any downtime or discontinuance of the Site or the Website and/or its content/offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Website and/or its content/offerings or to supply any corrections, updates, or releases in connection therewith.

Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

12. Privacy policy

For information regarding our privacy policy, please visit https://www.nutricocktails.com/privacy-policy

13. Dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

14. Contact us

In order to resolve a complaint regarding the website and/or its content/offerings or to receive further information regarding the use of the website and/or its content/offerings, please contact us at:

Nutricocktails GmbH

Tulpenstrasse 16

Zürich, Zürich 8051

Switzerland

+41 76 801 82 60

info@nutricocktails.com

Zürich, 21.05.2021

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