Terms & Conditions

1. Background

1.1

These general terms and conditions (together with the information and policies contained in the applicable pages on the website and any other documents referred in these general terms and conditions) (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.nuzest.se and related pages, (the “Website”). The agreement is concluded between you and Maacann, company reg. no. 556901-7444 (“Maacann & Partners AB”). Detailed contact information and other information about Maacann are set forth on the Website. The General Conditions are applicable for Customers that are consumers and that place an order via the Website.

1.2

The Customer must be minimum 18 years old to order via the Website. Maacann does not accept any credit purchases to persons below 18 years of age. Maacann reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).

1.3

To the maximum extent permitted by applicable local law, Maacann shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Maacann is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Maacann will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Maacann continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the amount of products the Customer will receive or the exact appearance, function or origin of the product. Maacann is not responsible for any information by third parties provided for on the Website.

1.4

The Website and all its content is owned by Maacann or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Maacann.

1.5

Please note that nothing in these General Conditions affects a Customer’s mandatory statutory rights under applicable local laws, to the extent that such rights apply to such Customer and cannot be limited or excluded.

2. Contracts and orders

2.1

In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to Maacann’s Privacy Policy set forth.

2.2

A purchase agreement is concluded when Maacann has confirmed the Customer’s order and the Customer has received an order confirmation from Maacann via e-mail. Maacann encourages the Customer to save the order confirmation for any future contacts with Maacann’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by Maacann. If the order is cancelled, Maacann will refund any payments the Customer or its pay- or credit card company has made with regard to the order.

3. Customer information etc.

3.1

Maacann recommends that the Customer creates a user account prior to making any purchases on the Website. When the Customer registers its user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about Maacann’s processing of personal data is set forth in Maacann’s Privacy Policy, which constitutes an integral part of these General Conditions.

3.2

The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Maacann without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.

3.3

If Maacann suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Maacann is entitled to block the Customer’s access to its user account without prior notice. Maacann is furthermore entitled to assign new login details to the Customer.

4. Prices, fees and payment

The prices stated on the Website apply to orders placed on the Website. The prices are presented in EURO and include VAT. The prices do not include payment- and shipping fees, which are given separately.

4.1

The Customer can pay for its purchase in the manner specified on the Website. Read more about our different payment options and discounts here. Some payment options may not be available for every country. Maacann is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Maacann. Upon invoicing or partial payment, Maacann or its partners may obtain a third party credit report. In such a case you will be informed accordingly. Maacann reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.

5. Special offers

5.1

Maacann may from time to time provide special offers on the Website which may have more favorable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by Maacann in connection therewith. Maacann reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.

6. Delivery and shipping

6.1

Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after Maacann has confirmed the order in writing through the order confirmation. Further information about Maacann’s delivery of products and the conditions for delivery are set forth here.

6.2

The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. In case of delay in delivery, Maacann will notify you accordingly and will continue to monitor the order. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.

6.3

If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. Maacann is entitled to charge the Customer a fee if the package is not retrieved.

7. International delivery and product restrictions

7.1

Details on which countries Maacann delivers to can be found here. Due to local law or regulations there may be restrictions on some products for certain international destinations and Maacann may not be able to ship all items available on the Website to the Customer’s location. Maacann shall not be held liable in relation to any product that Maacann is unable to sell or deliver to the Customer as a result of such restrictions. Please review the information on the specific product page on the Website carefully before ordering products.

7.2

Customers are responsible for ensuring that the products ordered can be lawfully imported to the Customer’s specific country. Please note that when shipping products from outside of Maacann’s territory, cross border shipments may be subject to opening and inspection by customs authorities, and/or customs authorities may require Maacann to state the value of the Customer’s order directly on the Customer’s package(s). Customs agents may have the right to release or deny release of as Customer’s package(s), and may also delay delivery. When ordering from the Website, the Customer is the importer of record and must comply with all laws and regulations of the destination country. In certain countries and only in certain circumstances, Maacann may use an importer of record to facilitate customs clearance and delivery to the Customers.

8. Right of withdrawal

8.1

In addition to our returns policy, if the Customer is residing in the European Union, the following shall apply. When purchasing products on the Website the Customer has a 14 day withdrawal period in accordance with applicable consumer protection legislation (Sw. called konsumentskyddslagstiftning). This means that the Customer has the right to cancel any purchase by notifying Maacann accordingly within 14 days from when the Customer or its representative received the product ordered (withdrawal period).

8.2

The right of withdrawal does not apply to the following kind of products:

  • (a) products made to the Customer’s specification or which otherwise has been given a clear personalized character;
  • (b) products with broken seals which may not be returned due to health protection or hygiene reasons (e.g. underwear, cosmetics, swimwear, blow dryers and similar products, razors, electrical tooth brushes, scales, electric pads and foot baths);
  • (c) a product which is liable to deteriorate or expire rapidly;
  • (d) audio- or image recordings (e.g. CD-records) or computer software which were unsealed after delivery; or
  • (e) digital content which has been supplied otherwise than by a tangible medium (e.g. computer program, applications, games, music, videos or texts where the access is by means of down loading or streaming).

8.3

By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.

8.4

In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of with-drawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A “seal” shall also include any technical seal (e.g. serial number).

8.5

If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Maacann in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies (Sw. called Konsumentverket). The form can be downloaded here.

8.6

If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Maacann was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to Maacann in accordance with the methods and directions set forth on the Website which you can find here.

8.7

Maacann may at time offer returns free of charge for certain products. If return free of charge is applicable, this is set forth on the applicable page for the product on the Website.

8.8

When the Customer withdraws its purchase, Maacann will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery method than the standard delivery method offered by Maacann are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Maacann is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.

8.9

Maacann will pay back the amount without undue delay, however, no later than within 14 days from the date Maacann received the Customer notification of withdrawal. However, Maacann may delay repayment until Maacann has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.

9. Special conditions

9.1

All products sold at Maacann are only supplementary to the advice of your physician and/or therapist and are not meant in any way to replace any medical examination or need for medical treatment.

9.2

All products at Maacann.com should not be used as a substitute for a varied diet. The recommended daily dose indicated on the package should not be exceeded. Consider the importance of a varied and balanced diet and a healthy lifestyle. If you are pregnant, breastfeeding, suffering from illness or undergoing any medical treatment, you should always consult a doctor before using the products sold at Maacann.

10. Warranty and complaints

10.1

Some of Maacann’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. To the maximum extent permitted by applicable local law, warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.

10.2

The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Maacann as soon as possible after the defect was discovered, using the contact information set forth on the Website. Complaints made within two months from the Customer discovering the defect, will always be considered as having been given in due time. The Customer has the right to file a complaint for products purchased on the Website within a period of 3 years from receiving the product.

10.3

Maacann will carry the cost for the return freight for any approved complaints.

10.4

Once a product, for which a complaint has been filed, is returned and the complaint approved, Maacann will refund the Customer in compliance with applicable consumer protection legislation. Maacann strives to do so within 30 days from receipt of the complaint by Maacann, but it may be delayed depending on the nature of the product. Maacann reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints Maacann complies with the guidelines provided by the National Board for Consumer Complaints (Sw. called Allmänna reklamationsnämnden) or the corresponding authorities in other European countries. Further information is available on www.konsumentverket.se.

11. Links

Maacann may provide links to other websites beyond the control of Maacann and websites beyond the control of Maacann may provide links to the Website. Even if Maacann attempts to ensure that Maacann only provides links to websites which applies similar personal data- and security provisions pursuant to Maacann’s Privacy Policy, Maacann is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.

12. Liability exclusions and retention of title

12.1

To the maximum extent permitted by applicable local law and unless otherwise set forth on the Website or in these General Conditions, Maacann disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer.

12.2

To the maximum extent permitted by applicable local law, the Customer agrees that Maacann will not be liable to the Customer or any third party for any direct, consequential or incidental damages (of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any indirect, special or punitive damages whatsoever that arise out of or are related to the Website or the performance of any product purchased through the Website.

12.3

Notwithstanding anything to the contrary contained herein, Maacann’s liability to the Customer for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by the Customer to Maacann for the products purchased; and (b) EUR 1000.

12.4

The disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities may be prohibited by law in some jurisdictions, and so the foregoing disclaimers and liability exclusions may not apply to the Customer.

12.5

With the exception of digital content (where available), the title in the product(s) which a Customer has purchased via the Website (and so risk of loss or damage to such) will pass to the Customer on the later of: (a) the date on which Maacann receive payment in full for the product(s) purchased via the Website; or (b) the date and time of delivery by Maacann to the Customer’s nominated address. Maacann accept no liability where the Customer provide an incorrect delivery address or where the Customer fail to collect the products from the delivery address which the Customer specified.

13. Force Majeure

To the maximum extent permitted by applicable local law, Maacann is not liable for any delays caused by circumstances beyond Maacann’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by subsuppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Maacann shall inform the Customer accordinlgy both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Maacann are entitled to terminate the purchase with immediate effect.

14. Changes to the General Conditions

Maacann reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Maacann has informed the Customer of the changes. However, Maacann recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.

15. Severability

If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.

16. Applicable law and dispute resolutions

16.1

Any disputes shall primarily be settled by agreement after discussions with Maacann’s customer services. In the event of any dispute, Maacann complies with the decisions of the Swedish National Board for Consumer Complaints or the corresponding authority in other European countries.

16.2

Save to the extent that a Customer exercises statutory rights as a consumer to bring an action in, or rely on the laws of, the Customer’s country of domicile, the interpretation, construction, effect and enforceability of these General Conditions shall be governed by Swedish laws and the Customer and Maacann agree to submit to the non-exclusive jurisdiction of the courts of Sweden for the determination of disputes.