General Terms and Conditions

1. Application of the general terms and conditions

1.1. Any contract concluded by the buyer with BEYOND Nutrition SARL (hereinafter BEYOND) implies the buyer's full and unreserved acceptance of the current general terms and conditions, to the exclusion of all other documents, such as brochures, catalogues, promotions and social media entries issued by BEYOND, which are only provisional. The contract is concluded via the website ‘www.beyond-nutrition.com’.

1.2. The cancellation or unenforceability of the terms and conditions or a specific clause of the terms and conditions does not result in the ineffectiveness of the other clauses of the terms and conditions, which remain valid and applicable.

1.3. Any deviation from the current conditions will only come into force if they have been expressly accepted by BEYOND for the first time. The express exception of the general or a specific condition does not imply a waiver of the other clauses of the terms and conditions.

1.4 The subject of the contract can be – depending on the product description of the seller – both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as ‘subscription contract’). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2. Conclusion of the purchase contract and cancellation

2.1. The subject of the contract is the sale of goods.

2.2. The presentation of products in the online shop does not constitute a legally binding offer by BEYOND, but an invitation to the customer to submit an order.

Product availability is subject to stock availability. Products placed in the shopping cart are not reserved.

2.3. The goods intended for purchase are placed in the ‘shopping cart’, where you can make changes at any time.After calling up the ‘Checkout’ page and entering your personal data and the terms of payment and shipping, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to our online store on the order overview page or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you can make the appropriate selection or enter your data there. Before sending the order, you have the option to review all the information again, to change it (also using the ‘back’ function of the Internet browser) or to cancel the purchase.
By clicking the ‘Buy now’ button to submit the order, you declare acceptance of the order in a legally binding manner, whereby the contract is concluded.

2.4. When you place an order through our online shop, you will receive a confirmation of receipt of the electronic order. The purchase contract is only final when it has been confirmed by BEYOND's payment of the purchase price. The goods remain the property of BEYOND until full payment has been received. Offers are valid while stocks last or for a limited time.

2.5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

2.6. Cancellation: You may cancel your order before delivery without giving reasons. The request for cancellation must be made before the dispatch confirmation, which BEYOND will send you by email, or you can view the ‘delivery status’ in your account at any time. To do so, please send an e-mail with the subject ‘Cancellation’ and the order number to ‘info@beyond-nutrition.com’. The money will be refunded in full after the cancellation process.

3. Delivery and delivery conditions

3.1. Orders are processed from Monday to Friday, except on public holidays. Packages are shipped as soon as possible or at the latest within 3 working days from the Grand Duchy of Luxembourg, upon receipt of payment, subject to availability.

3.2. Delivery is made to the home or to any other address of their choice. It is the responsibility of the buyer to provide BEYOND with the exact details for the proper delivery of the order.
Partial deliveries are not offered; BEYOND reserves the right to decide on partial deliveries. The customer is not entitled to reject them.

3.3. A detailed invoice of the order and the buyer's name will be enclosed with the order or provided electronically.
Costs (packaging and shipping) will be added to the order value. The amount of the costs depends on the chosen shipping method, weight and destination and will be displayed during the order process.

3.4. For contracts with consumers, BEYOND remains responsible for the goods until the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of them.

Where the carrier is selected or offered by BEYOND, delays, loss or damage caused during transport do not automatically release BEYOND from its contractual obligations.

3.5. BEYOND is not liable for a delay or failure to perform caused by an exceptional event that:

• is outside BEYOND’s reasonable control;
• could not reasonably have been foreseen when the contract was concluded; and
• could not reasonably have been prevented or overcome.

Such events may include natural disasters, war, terrorism, government restrictions, widespread transport disruption, major infrastructure failures, epidemics or comparable exceptional circumstances.

Ordinary supplier delays, product shortages, increases in operating costs or difficulties obtaining supplies do not in themselves constitute such an event.

BEYOND will inform affected customers within a reasonable period and take reasonable steps to minimise the effects of the event.

The affected obligations will be suspended only for the duration of the event.

If the event prevents delivery for more than 30 days after the agreed delivery date, the consumer may terminate the affected contract. BEYOND will then refund all amounts paid for undelivered goods without undue delay.

3.6. In any event, timely delivery can only be made if the Buyer has fulfilled his obligations to the Seller, including providing the correct delivery address during the order process and being available to take delivery of the goods at the time of delivery.

4. Payment terms

4.1 Bank transfer (Member States of the European Union)

The delivery times specified in the terms and conditions start from the time of receipt of your payment and not from the time of your order.
All advance payments should be made to the following bank account:
Bank: POST Finance
IBAN: LU28 1111 7073 4723 0000
BIC: CCPLLULL
Account holder:
BEYOND Nutrition SARL
21 rue de Savelborn
L-7660 Medernach
Luxembourg

4.3 Other payment methods

The payment methods available to the buyer are displayed to you during the ordering process. Alternatively, as payment symbols in the footer area of the webshop.

The following payment methods are offered:

• PAYPAL (via VISA or PAYPAL account)
• PAYPAL EXPRESS
• PAYCONIQ (only for Luxembourg)
  
• SECURED CREDIT CARD PAYMENT (VISA - MasterCard - ApplePay)

Other payment methods may be added or removed over time.

5. Price

5.1. The items offered are all shipped from the Grand Duchy of Luxembourg. The prices stated in the shop are in EURO, including Luxembourg VAT, excluding shipping costs. We reserve the right to change our prices at any time, but we are obliged to apply the prices displayed at the time of the order.

5.2. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you are required to bear.

5.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Warranty and liability

6.1. Customers must follow the recommended use, warnings and storage instructions provided on the product, its packaging and the relevant product page.

6.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, it will not affect your statutory warranty claims.

6.3 BEYOND is not responsible for damage caused exclusively by improper use, use contrary to the supplied instructions, improper storage after delivery, use after the stated expiry or best-before date, or unauthorised alteration or contamination of the product after delivery.

7. Contract language, contract text storage

7.1. The contract language is English.

7.2. We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.

7.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

8. Dispute resolution, applicable law and place of jurisdiction

8.1. Luxembourg law shall apply per default. Where applicable European Union consumer-jurisdiction rules apply, a consumer may bring proceedings against BEYOND either before the competent courts of Luxembourg or before the competent courts of the place where the consumer is domiciled.

8.2. The parties shall use their best endeavours to resolve any dispute regarding the Terms and Conditions of Sale amicably. Any complaint must be submitted to BEYOND in writing. No oral complaints will be accepted.

8.3. The provisions of the UN Sales Convention expressly do not apply.

8.4. For customers acting exclusively in the course of a trade, business or profession, the courts of Luxembourg shall have jurisdiction unless mandatory law provides otherwise.

9. Copyright

9.1 BEYOND Nutrition is a registered trademark in the EU. Various contents of this website, such as texts, images, graphics, sound, video and animation files, may be protected by copyright.

9.2. The use of the content is only permitted for private personal use. Any other use requires the prior written consent of BEYOND.

9.3. The legal limits of copyright law and/or other applicable legal provisions apply.

10. Subscriptions

10.1 A subscription (abbreviation: Abo) is a contract for the regular purchase of a service in return for a fee.

10.2 Unless otherwise stated at the time of purchase, all subscriptions have no minimum term and are extended automatically until cancelled.

10.3 It is the customer's responsibility to manage their subscriptions and cancel them if necessary. To do so, the customer can also contact us by email at (info@beyond-nutrition.com).

A subscription can be managed in the user profile under the ‘Subscriptions’ section. Each subscription can be customised according to the given options. 

10.4 Unless a minimum commitment was clearly disclosed and expressly accepted before the subscription was concluded, the customer may cancel the subscription at any time through the customer account or by contacting BEYOND at info@beyond-nutrition.com.

Each subscription can be cancelled at any time.

Cancellation must be submitted before the next recurring order has been processed.

Where the cancellation request is received after an order has already been processed, the cancellation will apply to subsequent deliveries.

10.5 We offer automatic payment for subscriptions, for which we use external service providers. Here, the amount is automatically deducted by the payment service provider and, depending on the subscription, from a payment system of the customer.

10.6 Automatic payments via PayPal can be managed in the PayPal user profile. More information can be found here: PayPal

10.7 In the case of manual payments, the customer must make the payment manually, i.e. by themselves, in accordance with the agreed payment terms.

10.8 In general, prices remain unchanged, so the prices on the day of the subscription order apply. In some cases, we reserve the right to adjust prices over the period of the subscription.

10.9 We reserve the right to issue contractual penalties for early termination. This only applies to subscriptions with a minimum term. For subscriptions with a minimum term, the contractual penalty is the sum of the next delivery(ies) planned according to the subscription.

10.10 Penalties can only be claimed for subscriptions with a contractually agreed minimum term.

10.11 You can view and manage your subscriptions in your Paypal account.

1. Log in to your PayPal account. https://www.paypal.com/
2. Click Settings near the top of the page.
3. Click Payments.
4. Click Manage pre-approved payments.
   

11. Changes to the General Terms and Conditions
The General Terms and Conditions can be adjusted or changed by BEYOND at any time. The new terms and conditions are applicable from the conclusion of the purchase contract.

Nothing in this clause limits the consumer’s mandatory statutory rights.

Date of the General Terms and Conditions: 01.08.2024