These Terms and Conditions define the scope and conditions of sale of Nutrifitter e-books to Users.
The Seller sells e-books online according to Terms and Conditions.
The User is obliged to comply with the provisions of the Terms and Conditions.
By filling in your details on the website, placing an order or otherwise using the website, you enter into a binding contract with the Seller, whose details are in Chapter II (Definitions).
The User Agreement with the Seller includes these Terms and Conditions for the sale of e-books and the Privacy Policy.
The User declares that all registration information provided to the Seller is true, accurate and complete and agrees that it will be kept for the purpose of creating e-books.
Periodically, the Seller may, at its sole discretion, make changes to the Terms and Conditions and the Privacy Policy. By introducing significant changes to them, they will inform the User about it in a clear and distinct manner, as appropriate to the circumstances, e.g. by sending the User an e-mail. In some cases, they will notify the User in advance, and further orders made after the changes are made will constitute acceptance of the changes. The Seller therefore advises that these notices be read carefully. If the User does not want to continue using the e-books under the new version of the Terms and Conditions and the Privacy Policy, they may terminate the Agreement by contacting the Seller's Customer Service Department.
II DEFINITIONS
Manufacturer - The manufacturer of Nutrifitter ebooks is Europäisches gesunde Figur Institut OÜ, Harju maakond, Tallinn, Kesklinna linnaosa Laki põik 2, 12919, Estonia, registration number: 16364129
Seller - The seller of Nutrifitter ebooks depending on your location is: USA: Digistore24 Inc., 360 Central Avenue, Suite 800, Saint Petersburg, Florida 33701 USA, United Kingdom: Digistore24 Inc., 360 Central Avenue, Suite 800, Saint Petersburg, Florida 33701 USA. Ireland: Digistore24 MSLW Limited, The Black Church, St. Mary's Place, D07 P4AX Dublin 7, Ireland.
User – a natural person, a legal person or an organizational unit without legal personality that uses Nutrifitter e-books
Agreement – means the subscription agreement for the sale of Nutrifitter e-books with diet and/or workout plans, concluded between the Seller and the User for an indefinite period of time in a subscription that renews every 2 weeks, every month, every 2 months or every 4 months, according to the User's choice from the options that are available on the Seller's websites or under individual arrangements (written, email, telephone or oral) between the Seller and the User. The Agreement is effectively concluded when the User makes payment in accordance with the provisions of the Agreement.
Ebook – a file in pdf format or any other format that can be read on ebook readers, computers, smartphones, tablets and other electronic devices, containing a customized diet and/or workout plan created from data entered by the User.
Content - means all kinds of text data, graphic data, audio files (e.g. recordings), audio-visual files (e.g. video clips, films, multimedia objects, etc.), copyrighted information; any additional attachments, files or materials attached to the Content are an integral part thereof.
III TERMS OF SUBSCRIBING to Nutrifitter ebooks.
Use of the ebooks requires a computer or mobile device with the ability to read pdf files.
Downloading the ebook requires connection to the Internet and data transfer. The costs of connecting the Mobile Device to the Internet shall be borne by the Information Recipient in accordance with the contract between him and the telecommunications operator.
While the Vendor endeavors to create ebooks with the best knowledge and enable Users to obtain the best possible results, the Vendor makes no guarantees as to the results of using either the diet and/or workout plan recommendations contained in the ebook.
Seller uses Users' personal information solely for the purpose of gathering information necessary to create the ebook
The Seller is not responsible for any actions of the User.
Seller is not responsible for the effects associated with the application of diet and/or workout plan recommendations contained in the ebook, either in their entirety or in part, especially for physical damage resulting from the execution of workout plans or the preparation and consumption of meals based on diet plans.
The Seller is not responsible for the truthfulness and accuracy of all information provided by the User, on the basis of which the ebook was created. This applies to both the diet and workout plan contained in the ebook, whether in their entirety or in part.
The User acknowledges that if they suspect that they are pregnant or have any chronic disease, they should consult their physician before using the Nutrifitter ebook, and if they experience any physical discomfort related to following the dietary and/or workout recommendations provided in the Nutrifitter ebook, they should immediately discontinue those recommendations and consult a physician.
The User acknowledges that they should always contact a physician if they experience any physical discomfort related to the diet and/or exercise regimen.
The Seller shall not be liable for technical problems or technical limitations of the User's computer or mobile equipment that prevent the User from reading the ebook.
The Seller shall not be liable for infringement of third party rights and causing damage to third parties as a result of or in connection with the activities carried out by the User, in particular in the case of infringement of copyright and other intellectual property rights vested in third parties.
The Seller exercises due diligence resulting from the professional nature of its business in selecting the Content.
To the maximum extent permitted by applicable law, Seller makes no representations, warranties or conditions as to satisfactory quality, merchantability, fitness for a particular purpose (including but not limited to achieving specific dietary or training goals) or non-infringement. As with any purchase of a product or service, in any manner and in any environment, the User should use their own judgment and exercise caution where applicable. No advice or information, whether oral or written, obtained by the User from the Vendor shall constitute any warranty by the Vendor in this regard. However, this does not affect the User's statutory consumer rights.
The User agrees that, to the extent permitted by applicable law, their sole and exclusive remedy for any problems or dissatisfaction with the ebook is to contact Seller's Customer Service.
To the maximum extent permitted by law, in no event shall Seller, its directors, shareholders, employees, agents, officers, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages; for any loss of: use, data, transactions, or profits (direct or indirect) in all cases arising from the use of the Ebooks, regardless of the legal basis, whether or not the Vendor has been warned of the possibility of such damages, and even if the remedy fails of its essential purpose, the aggregate liability for all claims related to the Vendor may be up to the sum of the amounts paid by you to the Vendor during the preceding twelve months, to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, the Uses agrees to indemnify and hold Seller harmless from any and all claims for damages, losses and expenses (including reasonable attorneys' fees and expenses) arising out of: (1) the User's breach of the Agreement and (2) the User's violation of any applicable law or the rights of any third party.
IV PAYMENT FOR EBOOKS
Ebooks are sold on a subscription basis. Depending on the User's choice upon purchase, the subscription renews every 2 weeks, every month, every 2 months or every 4 months. Each ebook is prepared for the chosen period of time, accordingly. The User agrees to charge their provided debit or credit card the same amount each period as long as their ebook subscription is active.
There is a fee to receive ebooks according to current price lists.
All prices listed on the Seller's website are gross prices. The price listed on the Seller's website is binding at the time the User buys the ebook subscription.
The ebook subscription is concluded for the term specified in the individual order. After each period, the Agreement renews automatically unless the User cancels the subscription before the expiration of the term.
The User's payment to the Seller (or the third party through which the User purchased the ebook subscription) will be automatically collected after the first payment is finalized on the ebook sales page. The finalization process consists of the User entering the payment details into the Seller's system and then accepting and authorizing them with special codes, if required by the bank or payment provider. The User's payment to the Seller (or the third party through which the User purchased the ebook subscription) will automatically renew at the end of the subscription period, unless the User cancels the subscription before the end of the current period. In case of cancellation, the subscription will be cancelled within a few days after the last day of the current subscription period.
Jeśli Użytkownik chce otrzymać pełny zwrot wszystkich wpłaconych kwot przed upływem 60-dniowej gwarancji zwrotu pieniędzy, musi skontaktować się z Biurem Obsługi Klienta Sprzedawcy, wysyłając wiadomość e-mail zawierającą oświadczenie o odstąpieniu od Umowy na adres: [email protected]
Seller may change the price for ebooks from time to time and will notify User of any changes in advance. Price changes shall become effective at the beginning of the next subscription period following the date of the price change. The User's failure to terminate the Agreement after any such change shall constitute agreement to the new price. If the User does not agree with the price changes, the User has the right to reject the changes by terminating the subscription before the price change becomes effective. Users are therefore urged to read all such notices of price changes carefully.
The provisions of the Agreement shall apply to the User until terminated by the User or the Seller. If either party terminates the Agreement, the User agrees that Seller shall have no liability to them and shall not refund any amount already paid by the User to the maximum extent permitted by applicable law. The provisions of this section will be enforced to the extent permitted by applicable law. User may terminate the Agreement at any time.
V INTELLECTUAL PROPERTY
The Seller shall own all economic copyright to all works contained in the ebooks, including but not limited to recommendations, diet plans and workout plans.
Any copying, distribution or other use of the Content contained in the ebooks is prohibited without the prior written consent of the Seller.
The User shall not have the right to commercially use, sell, resell or otherwise transfer, copy, distribute or promote the ebook Content in whole or in part. The User will also have no right to use the Content in a way that requires a license for public use (playback).
VI RIGHTS IN INTANGIBLE ASSETS
Content made available in the ebook, as well as trademarks, company names, logotypes, photos, multimedia and any other works contained therein are protected by generally applicable law.
Use of the ebook does not imply acquisition of any rights on intangible property to the works contained therein. In particular, it is forbidden to copy, distribute, use or modify any components of the ebook without prior written permission of the Seller.
VII COMPLAINT PROCEDURE
The User may submit complaints regarding the ebooks via e-mail to the following address: [email protected]
Reklamacje będą rozpatrywane przez Sprzedawcę niezwłocznie, nie później niż w ciągu 60 dni kalendarzowych od daty otrzymania reklamacji. W razie konieczności przeprowadzenia dodatkowych czynności diagnostycznych, Sprzedawca zastrzega sobie prawo przedłużenia powyższego terminu, stosownie do czasu potrzebnego na wykonanie przedmiotowych czynności diagnostycznych. O sposobie rozpatrzenia reklamacji Sprzedawca poinformuje Użytkownika wiadomością e-mail wysłaną na adres poczty elektronicznej, z której została wysłana reklamacja.
VIII REFUND POLICY
The ebooks are prepared on an individual order, and therefore, any right to withdraw from a contract concluded at a distance is excluded.
Użytkownik ma prawo do zwrotu produktu w wypadku niezadowolenia z jego jakości w ciągu 60 dni od dnia zawarcia umowy i wyłącznie wtedy, gdy plan dietetyczny i treningowy zawarty w e-booku był stosowany (wymagane jest udokumentowanie tego faktu) i nie przyniósł efektów. Aby zgłosić chęć zwrotu należy wysłać w tym terminie wiadomość mailową na adres [email protected], wraz z dokumentacją potwierdzającą stosowanie planu. Wpłacone środki zostaną zwrócone w ciągu 60 dni roboczych metodą, którą zostały zapłacone.
IX FINAL PROVISIONS
The Seller reserves the right to make changes to the Terms and Conditions. The Seller will inform the User about changes to the Terms and Conditions by publishing the amended Terms and Conditions on the website. The amended Terms and Conditions are binding for the User, unless the User notifies the Seller's Customer Service about his lack of acceptance within 21 days from the date of informing him about the changes to the Terms and Conditions.
If any of the provisions of these Terms and Conditions are or become invalid or ineffective, the validity of the remaining provisions shall not be affected.
In matters not regulated in the Regulations, the provisions of commonly applicable law in the European Union shall apply.