For the use of its website available at https://plusbiome.com (the Website), the plusbiome mobile solution accessible on the App Store and Google Play Store (the Mobile Application), and the products and/or services available through the Website, the Mobile Application or any other channel mentioned in these ToU, which are provided by plusbiome AG, Postfach, 4005 Basel, Switzerland (we, our or plusbiome).
I. GENERAL PROVISIONS
- Terms of Access
1.2 Personal prerequisites. To use the Website, the Mobile Application or the Services, you must (i) be an individual who is 18 years or older; and (ii) provide the information required during registration.
1.3 Access. You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Website, the Mobile Application, and for the payment of any costs incurred through their use.
- Personal Account
2.1 Account. Certain features of the Website or the Mobile Application are only available to users having created a personal account (the Account) and being logged-in to their Account.
2.2 Accuracy. You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.
2.3 Confidentiality. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party’s use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.
- Intellectual property
3.1 Title to IP. Subject to Section 3.3 (User Content), we and our licensors own the copyright and all intellectual property rights in and to the Website, the Mobile Application, the Services, and on the content published on it (the Content).
3.2 Licence. Subject to your compliance with these ToU and any additional applicable terms referred to on the Mobile Application, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense the Mobile Application and the Content for your personal use, strictly to use the services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Mobile Application or the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights on the Mobile Application, the Content and the Services not expressly granted herein.
3.3 User Content. The Website and Mobile Application allows Users to publish or transmit Content, such as answers to the questionnaire (the User Content). As long as you have a valid subscription, you can access your User Content via your Account interface. Ownership in the User Content you upload remains with you. We may use your User Consent to the extent required to provide, monitor and improve the Website, Mobile Application and Services. We will not share your User Content with other users, or sell it to third parties. However, provided we use reasonable effort to anonymize it, we reserve the right to reuse your User Content for scientific publications, to generate recommendations that are useful to other users, for developing and marketing new services and products and for statistical analysis; to this end, you hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content for those purposes. We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion.
3.4 Third-Party Content. The Website, the Mobile Application and the Services may contain content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any such Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open-source software which may be incorporated in and/or provided together with the Website, the Mobile Application.
3.5 Infringement. If you think that the Website, the Mobile Application, the Content or the provision of any Services infringe any copyright or other intellectual property right, you may at all times contact us at [email protected] and we will investigate your request.
- Restriction of use
4.1 Obligations and Restrictions. You must at all times comply with these ToU and all laws and regulations applicable to the use of the Website, the Mobile Application and the Services. Subject to mandatory law to the contrary, you are not allowed to: (i) use and/or access the Website, the Mobile Application for purposes other than those provided for in these ToU; (ii) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Website, the Mobile Application, the Services and/or the Content; (iii) access or attempt to access the source code of the Website or the Mobile Application, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website, the Mobile Application or their infrastructure; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information (v) access or use the Website, the Mobile Application or the Services for the purpose of building a competitive product or service or copying its features or user interface; (vi) and (vii) allow third parties to utilise all or part of the Website, the Mobile Application, the Services or the Content to which access is restricted.
4.2 User Content. You represent and warrant that your use of the Website, the Mobile Application, and that your User Content, shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) be unlawful; (iv) include any false, incomplete or inaccurate information about yourself, or any information about any other individual, company or other legal entity, or be defamatory or trade libellous; (v) be obscene or contain pornography; or (vi) be inadequate or of inadequate language.
4.3 Non-compliance. Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Website, the Mobile Application or to refuse to provide the Services (including Subscription Services) and Products.
- Amendment and suspension
5.1 We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website, the Mobile Application, any Content or Product (including any Subscription Services), with or without notice, without incurring any liability.
5.2 If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Website, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.
II. ORDERS AND SALES OF PRODUCTS
The order and sale of the Products through the Website or the Mobile Application are subject to the terms of this Section II (in addition to the other parts of these ToU), in such version as is in force at the time of ordering the Products.
- Products and Prices
6.1 Presentation. The Products are described as precisely as possible. However, the images displayed are indicative only, may differ from the final product and have no binding contractual effect.
6.2 Availability. Although we will in a general state when Products are not available, the availability of the Products on the Website or the Mobile Application is not guaranteed. Orders are placed subject to availability.
6.3 Price. Unless otherwise stated, the prices displayed on the Website or the Mobile Application are in Euro (€) . The prices indicated on the Website or the Mobile Application at the time of the order shall apply. We reserve the right to change the price of the Products at any time.
6.4 Charges and costs. The prices of the products include the cost of as well as any foreign taxes, customs charges and insurance charges.
- Order and purchase
7.1 Order. To place an order, you must fill in the required information and click on the “Continue” button. You will then be able to check your order information. In order to complete the order, you must accept the ToU and validate the order. Any order that you place via the Platform constitutes a binding offer on your part to enter into a contract with us. You cannot cancel or modify an order once it has been placed. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation.
7.2 Payment. To proceed with your order, you must enter a valid payment method, depending on the options available on the Website, the Mobile Application.
7.3 Confirmation. If the means of payment is accepted, plusbiome will receive your order and check the availability of the ordered Product. If available, a confirmation email will be sent to you. If the ordered Product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the Product is only concluded when plusbiome confirms your order.
7.4 Changes by plusbiome. We may have to refuse, reject or cancel an order after it has been confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will reimburse you for the full amount of the relevant Products as well as all invoiced delivery costs as soon as possible. We may also refuse an order in the event of a dispute regarding payment for previous orders or in the event of anomalous orders and orders which plusbiome suspects were not placed in good faith.
- Delivery and verification
8.1 Delivery. Products that are the subject of a validated order will be delivered to the address specified in the order by a carrier of our choosing. We reserve the right to contact you for further information regarding your order and delivery. Delivery dates are provided for indicative purposes only. If you order more than one Product, we may make partial deliveries.
8.2 Inspection and Acceptance. You are required to inspect the Products with all due care immediately upon receipt and to object to any manufacturing defects affecting them. Unless notice of defects is sent by email to [email protected] no later than 14 calendar days after delivery, specifying the nature of the defects found, the Products shall be deemed to have been accepted. Defects that could not be detected at the time of acceptance (hidden defects) must be notified to us by registered mail within 14 calendar days of their occurrence, failing which they shall be deemed to have been definitively accepted.
8.3 Delivery will take place from Germany or Switzerland and subsequently, customs fees and duties may apply to your order. To provide a seamless shopping experience we will manage the fees and duties on your behalf, those will not apply to your refund as per the terms of section 9.
- Right to withdrawals
9.1 In General. In accordance with the laws of the European Union on distance selling transaction, we offer our consumers a right of withdrawal, without having to give any reason. You are not entitled to a complete right of withdrawal if you have used the goods inappropriately or damaged them intentionally.
9.2 Exercising your withdrawal right. You have the right to withdraw from the purchase of a Product within 14 days without giving any reason. The withdrawal period will expire after 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 Products. To exercise the right of withdrawal, you must inform us at [email protected] of your decision to withdraw from the contract by an unequivocal statement by e-mail. You may use the below model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The item returned should be accompanied by the Cancellation Letter.
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)
– I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the following service (*),
– Order number,
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Reason for return
– Confirmation of return
– Signature of consumer(s) (only if this form is notified on paper),
All goods returned for refund under Clause 9 must be:
- Returned in their original condition
- In their original packaging
- With proof of purchase
9.3 Returns. You shall send back the Products to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. [EFC1] You are liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. We will refund your payments received from you (excluding the fees and duties paid by us on your behalf)without undue delay and in any event not later than 30 days from the day we receive the product. We will carry out such reimbursement using the same means of payment as you used for the initial transaction
III. SUBSCRIPTION OF FOOD SUPPLEMENTS
This Section III of the ToU specifies (in addition to the other parts of these ToU) your rights and obligations concerning the Food Supplements which you may subscribe to through the Website or Applications (Subscription Plan). For the avoidance of doubt, we have no obligation to provide any service or software which are not expressly specified in these ToU or a Subscription Plan.
- Subscription and Duration
11.1 Subscription. To receive food supplements in a subscription service and to access all functionalities of the Applications, you must fill in the required information and click on the “Continue” button. You will then be able to check your order information. To complete the order, you must accept the ToU and validate the order. Any subscription that you place via the Website or Applications, constitutes a binding offer on your part to enter into a contract with us. You cannot cancel or modify an order once it has been placed. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation. Once your payment is accepted, a confirmation email will be sent to you.
11.2 Duration. Subscription Plans are concluded for the initial minimum term indicated in the Subscription Plan, and in the absence of a term specified, for an initial duration of 12 months (the Initial Term). Subscriptions shall be automatically renewed upon expiry of the Initial Term, or then-current renewed term (each a Renewed Term, and together with the Initial Term, the Term), for consecutive monthly Renewed, subject to cancellation by either Party in accordance with Section 11.3.
11.3 Cancelation. You may cancel your Subscription Plan at any time via the dedicated tool on your Account or by sending an email to [email protected] in which case your Subscription Plan will terminate upon the end of the then-current Initial Plan or Renewed Plan. We may cancel your Subscription Plan at any time with a 1-month prior notice. We may further cancel your Subscription Plan with immediate effect at any time, in case you material breach your obligations specified in these ToU.
- Provision of Subscription Services
12.1 In General. Subject to your compliance with all terms and conditions of these ToU (including Section 4), in particular, subject to its payment of the applicable Fees in accordance with Section 13, and any additional terms of your Subscription Plan, we will send the purchased food supplements to your shipment address using a logistic partner of our choice. With the credentials generated during the purchase process, you receive access to all functionalities of the Applications.
- Financial Terms
13.1 Fees. You must pay the Fees as indicated in the Subscription Plan or by any other appropriate means (the Fees). Unless otherwise stated, the Fees are Euro (€). Fees are due and payable in advance of their respective terms, as indicated in the Subscription Plan, will be automatically debited and non-refundable in case of termination.
13.2 Changes. We may modify the pricing of our Subscription Services at any time, e.g. by adding new services for additional fees, or amending current plans, at any time and in your sole discretion, provided that if the change concern your current Subscription Plan, we will notify you in advance and the increase in Fees will only become effective upon the forthcoming term of the Subscription Plan.
13.3 Suspension of Services. The continued use of the Subscription Services is subject to the timely payment of all the Fees. We may temporarily stop providing the Subscription Services and/or any user credentials issued to you, if applicable if you are in default for payment of any Fees due.
- FINAL PROVISIONS
The provisions of Section IV of the ToU apply to all uses of the Website, the Mobile Application and/or the Services.
- Data protection
We have issued a privacy notice, accessible on our website, which describes how personal data is collected through the Website, the Mobile Application and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.
15.1 Principle. If the Products received do not correspond to those that you ordered, you may exercise your rights described in Section 9 above. The Website, Mobile Application, the subscribed food supplements, and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Website, the Mobile Application, Services or Content. Your access and use the Website, the Mobile Application and the Services at your sole risk.
15.2 Exclusion of warranty. We make no warranty, express or implied, commitment or representation that (i) the Website, the Mobile Application or the Services will meet your needs, (ii) the operation of the Website, the Mobile Application will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website, the Mobile Application will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website or the Mobile Application will be accurate or reliable or (v) we will ensure the continued compatibility of the Website or the Mobile Application with any third-party products, even if they were compatible at any given moment.
15.3 Third-party content. The Website and Mobile Application may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
15.4 Internet. The use of the Internet involves risks, in particular, that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.
16.1 Principle. You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from (i) the use, unavailability or inability to use the Website, the Mobile Application, the Products or the Services, (ii) the unauthorised access to or alteration of your data, (iv) declarations or actions of any third party on or in connection with the Website, the Mobile Application, (v) information and results available on the Website, the Mobile Application, and in particular information of a medical or scientific nature, as well as all linked websites and all documents disseminated on the Website, the Mobile Application, (vi) any other cause relating to the Website, the Mobile Application.
16.2 Limitation of liability. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service or a Product, insofar as such exclusion is permitted under applicable law.
17.1 Severability clause. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting the greatest extent possible the intent of the original provision.
17.2 Assignment. You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
17.3 Force Majeure. We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
17.4 No waiver. Any delay or failure by plusbiome to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
- Applicable law, jurisdiction and venue
18.1 Applicable law. These ToU and the relationship between you and us, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
18.2 Jurisdiction. Exclusive jurisdiction for any disputes in connection with these ToU is vested in the competent courts at the registered office of plusbiome, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
For any questions regarding the Website, the Mobile Application or the ToU, you may contact us at [email protected]
These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or the Website, the Mobile Application, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website, the Mobile Application after this notification shall constitute acceptance of the ToU, as amended.