Terms of service
1. BACKGROUND
1.1 These general terms and conditions (the “Terms”) apply between Getvitamine Scandinavia AB, company registration number 559261-0470, and any group companies (“Getvitamine”, “we” or “us”), and you as a user (the “User” or “you”) when purchasing Products (as defined below) through use of the Service (as defined below).
1.2 The Terms describe the Service, the conditions that apply to you as a User, and your and Getvitamine’s respective rights and obligations. The Terms govern the relationship between you and Getvitamine, including our subcontractors and partners, where applicable.
1.3 You register as a User on the Website (as defined below) by (i) entering your details, such as your name, personal identity number, address and card details, and (ii) accepting the Terms and our privacy policy. Once you have registered as a User on the Website, you have entered into an agreement with Getvitamine concerning use of the Service and purchase of Products. Please note that we may change these Terms while you are registered as a User with us, in accordance with section 14.1 below.
1.4 After registering on the Website, you will have access to “My Pages”, which you can access by logging in to the Service through the Website using your chosen login credentials (“My Pages”).
2. DESCRIPTION OF THE SERVICE
2.1 General information about the Service
2.1.1 Getvitamine sells and delivers dietary supplements to Users who have signed up for a subscription with us (the “Subscription” and the “Service”, respectively) through the website www.getvitamine.com (the “Website”).
2.1.2 The Service consists of dietary supplements specially tailored to each User (the “Product”). When you sign up for the Subscription through the Service and register as a User, you undergo a screening in which you answer selected questions about your health and related matters. The purpose of the screening is to provide you, through the Service, with a Product specially tailored to you and your needs.
2.1.3 After the Subscription has been active for some time, we may ask you, as a User, follow-up questions about your current health and well-being so that we can tailor the Product to you and your needs while the Subscription continues. The follow-up questions referred to in this section are asked and answered on My Pages.
2.1.4 Getvitamine may suggest adaptations and adjustments to your dietary supplements (the Product) based on your answers during the initial screening under section 2.1.2 above and the follow-up under section 2.1.3 above. It is always the User’s own choice whether to implement any proposed adaptations and/or adjustments to the Product. This is done through My Pages, where the User also expressly approves the changes to the Subscription.
2.1.5 To enable us to suggest adaptations and adjustments to the Product (under section 2.1.4 above) that are tailored specifically to you and your needs, it is important that you give us honest and truthful answers so that we can suggest adaptations and deliver Products suited to your needs.
2.1.6 The Product and the Subscription are marketed under the “VitaMine™” brand.
2.1.7 Getvitamine uses carefully selected third-party suppliers for, among other things, the manufacture, packaging and delivery of the Products (“Third-Party Suppliers”).
2.1.8 The Service is intended only for Users who are consumers and who otherwise meet the requirements of section 2.3.5 below. Users may not resell the Product to a third party.
2.2 Subscription term and cancellation, etc.
2.2.1 The Subscription continues without a fixed commitment period until you cancel it in accordance with the Terms.
2.2.2 The Subscription must be cancelled no later than one day before the next order is produced. If cancellation takes place after the Products have been produced, the cancellation takes effect once that delivery has been made.
2.2.3 The Subscription is cancelled through My Pages. The User then receives an automated email confirming that the Subscription has been cancelled and specifying the date on which it will end.
2.3 Ordering and payment
2.3.1 The initial order for the Product is placed through the Service on the Website. The Product is then delivered to you monthly throughout the Subscription term in accordance with the Terms.
2.3.2 During the Subscription term, Users can adjust the Product through My Pages. If the Product’s contents are adjusted or the monthly cost of the Subscription is otherwise affected, the User confirms and approves the new Subscription price through My Pages.
2.3.3 The User pays for the Service and the Product when placing an order on the Website, using a debit or credit card through the payment solution available on the Website at the time. Further payment terms for the Subscription are set out in section 4 below.
2.3.4 After placing an order, the User receives an order confirmation stating the name, address, payment method, shipping method and a list of the ordered Products. The User is asked to check that all details are correct and to notify support@getvitamine.se immediately if anything is incorrect.
2.3.5 The Subscription price includes the ordered Products, taxes and charges such as VAT, and administrative costs. Current Product prices and any other costs relating to the Product and the Service (such as delivery costs) are listed on the Website and may be adjusted by Getvitamine from time to time.
2.3.6 To use the Service and create a Subscription, the User must be at least 18 years old at the time of purchase, and delivery must be made to a postal address in Sweden.
2.3.7 Products may sell out. If ordered Products are out of stock, we will notify you as a User and either propose an alternative solution or refund the cost of the out-of-stock Product as soon as possible.
2.4 Delivery
2.4.1 Getvitamine purchases the Product sold through the Service from carefully selected suppliers who manufacture and/or package the Products on Getvitamine’s behalf before they are sent to the User using the agreed delivery option.
2.4.2 Getvitamine’s Third-Party Supplier sends the purchased Products (ordered and individually tailored through the Service and Subscription) to your chosen delivery address in Sweden. Each delivery of the Product contains 30 daily doses, and each daily dose consists of one (1) sachet containing dietary supplements for that day.
2.4.3 Products are normally delivered within ten (10) business days of the initial order and every fourth (4th) week thereafter. Getvitamine aims to inform you promptly, as a User, of any delivery delays.
3. MEDICAL HISTORY, ETC.
3.1 The Products are not intended to treat, cure or prevent any disease. Information on the Website or in other advertising concerning the Product and the Service is not intended to replace individual advice from your doctor.
3.2 Getvitamine is not responsible for Users’ underlying and/or diagnosed illnesses. Users are responsible for consulting a qualified doctor before ordering the Subscription and Products through the Service.
3.3 If you have a recurring health problem, you must always inform and consult your doctor before using the Products. If you take one or more prescription medicines, you must contact and consult your doctor or pharmacist before using our Products.
3.4 If you experience side effects after using the Products, you must stop using them immediately and contact your doctor.
3.5 You accept that you use the Products at your own risk and that you are responsible for carrying out sufficient research and consulting a doctor before using the Service and the Products.
4. PAYMENT TERMS
4.1 When Products are ordered through the Service, payment is made using a payment solution on the Website provided by Getvitamine’s payment service provider at the time (the “Payment Service Provider”). The payment solution is integrated into the Website, and payment is made by debit or credit card or another payment method available at the time.
4.2 By using the Service, registering for a Subscription and paying for Products, you as a User also accept the Payment Service Provider’s terms and conditions applicable to the use of that payment solution at the time. Any payment problems are handled by the Payment Service Provider’s support team. We therefore recommend that you visit the Payment Service Provider’s website and read its current terms and conditions.
4.3 Payment for the Subscription is charged automatically to the debit or credit card you have entered in the Service.
4.4 If payment for the Subscription fails, is declined or otherwise does not go through, the Subscription is automatically paused and the User receives an automated notification by email or through the Service on My Pages. If the User does not respond to that notification and pay the overdue amount within 10 days, the unpaid amount will be transferred as a claim to a credit company selected by Getvitamine for further handling.
5. RIGHT OF WITHDRAWAL AND COMPLAINTS
5.1 Right of withdrawal
5.1.1 Consumers have a statutory right of withdrawal under the Swedish Act (2005:59) on Distance Contracts and Off-Premises Contracts. However, the Product included in the Subscription is a good made to the consumer’s (User’s) specifications or otherwise clearly personalised. The consumer’s right of withdrawal does not apply to such custom-made goods and products. If you purchase the Product as a consumer through the Service and Subscription, you acknowledge and expressly agree that you have no right of withdrawal in respect of the purchased Products.
5.2 Complaints
5.2.1 As a User, you have the right to make a complaint about a Product provided that it was defective at the time of delivery and that you notify us within a reasonable time, but no later than ten (10) days after you noticed or should have noticed the defect. A complaint about a Product must be made as soon as possible in accordance with the Terms in this section 5.
5.2.2 When exercising your right to make a complaint, you as a User must:
(i) notify Getvitamine that you wish to make a complaint about the Product by following the complaint procedure on My Pages;
(ii) clearly state what is wrong with the Product; and
(iii) ensure that the Product is well packaged and in its original packaging.
5.2.3 When a User exercises the right to make a complaint, a refund will be issued after Getvitamine has received the returned Product. Getvitamine will then refund an amount equal to the price already paid for the Product.
5.2.4 Refunds for Products subject to a complaint are made to the account number you have entered in the Service.
6. DAMAGE IN TRANSIT
6.1 If Products have been damaged in transit to such an extent that the Product cannot be used as intended, you must report this to us through My Pages immediately and no later than ten (10) days thereafter. Once we have received the complaint, we will arrange a new delivery of undamaged Products free of charge or refund the Refund Amount to you.
7. LIMITATION OF LIABILITY
7.1 Getvitamine is liable only for direct damage up to an amount equal to the price of the Products under the Subscription, provided that the damage arose no later than when the User received the Product.
7.2 Getvitamine is not liable for any indirect damage, loss of profits or other consequential damage. Furthermore, Getvitamine is not liable for any changes to the Service and/or the Product that are not attributable to Getvitamine.
7.3 Getvitamine reserves the right not to refund the Refund Amount following a complaint under section 5 above if Getvitamine does not consider the Product to be defective.
7.4 The Service and Products are provided “as is” and “as available” for your use, without express or implied warranties beyond those expressly stated in the Terms. We cannot guarantee that your use of the Service and Products will be uninterrupted or error-free, and we give no warranties concerning satisfactory results, quality, merchantability, fitness for a particular purpose, durability or non-infringement of rights (in relation to the Service) with respect to the Service and Products. In particular, we give no warranty whatsoever that any expected results will be achieved through use of the Service and Products.
8. INTELLECTUAL PROPERTY RIGHTS
All images, text and other content on the Website are protected by copyright, trademark rights and/or other intellectual property rights. Unless otherwise stated, all material on the Website is the exclusive property of Getvitamine or its licensors, in which Getvitamine has full ownership or rights of use. Accordingly, as a User you may not distribute, license, modify, copy, publish or sell information, software, products or services constituting Getvitamine’s intellectual property (including, without limitation, copyright and other rights in trademarks, company names and know-how relating to the Service and/or Getvitamine), except as required to use the Service in accordance with the Terms.
9. USER OBLIGATIONS
The User undertakes and warrants that they will:
(i) comply with the Terms when using the Service;
(ii) provide truthful and accurate information about themselves as a User when using the Service;
(iii) use the Products only for personal use and not resell them;
(iv) not use the Service or Website in an unethical manner;
(v) not copy or otherwise improperly use the Service or Getvitamine’s intellectual property rights; and
(vi) take full responsibility for their login credentials for My Pages and any changes and adjustments to the Service, Subscription and/or Product made through My Pages.
10. PERSONAL DATA
10.1 A User’s use of the Service and holding of a Subscription involve the processing of personal data for various purposes. Getvitamine is the controller of personal data processed in connection with the Service and Subscription, whether processing is carried out by Getvitamine or by another party on its behalf. Personal data is information that can be linked directly or indirectly to a specific person.
10.2 By accepting the Terms, you as a User accept and consent to Getvitamine processing (i) contact details such as name, address, email address and personal identity number, (iii) special categories of personal data (so-called sensitive personal data) concerning your health, and (iii) payment details, so that Getvitamine can provide the Service and comply with applicable laws and regulations.
10.3 For further information about how we process personal data, please see our privacy policy applicable at the time, available on the Website.
11. FORCE MAJEURE
If Getvitamine is prevented from fulfilling its obligations under the Terms by circumstances beyond its reasonable control which it could not reasonably have been expected to foresee and whose effects it could not reasonably have avoided or overcome, including but not limited to an industrial dispute, war, fire, lightning strike, terrorist attack, embargo, government intervention, government regulation or law, insurrection, failure or delay in services provided by a subcontractor due to any of the circumstances specified here, or any other circumstance beyond Getvitamine’s control, and provided that Getvitamine has made reasonable efforts to limit the damage, this will constitute grounds for relief, postponing the time for performance under the Terms (including, without limitation, delivery of Products) and releasing Getvitamine from any penalties.
12. COMPLAINTS AND CUSTOMER SERVICE
If you wish to make a complaint or otherwise contact our customer service team about the Service and/or Products, please email support@getvitamine.com or use the messaging function on My Pages.
13. BREACH OF THE TERMS
13.1 A User may be held liable for loss and damage suffered by Getvitamine or anyone else as a result of the User’s breach of the Terms or applicable law, or other negligent conduct.
13.2 If Getvitamine has reason to believe that the information and details you have provided are incorrect or that you are using the Service in a manner inconsistent with the Terms, Getvitamine has the right to terminate your Subscription and any associated services with immediate effect.
14. OTHER PROVISIONS
14.1 Getvitamine has the right to change the Terms without notifying Users in advance. The latest version of the Terms will always be available on the Website, and we recommend that you as a User review the Terms periodically for changes.
14.2 If any provision of these Terms is found to be invalid, this will not render the Terms as a whole invalid. The invalid provision will be deemed omitted and will not affect the validity of the remaining provisions of the Terms.
14.3 Getvitamine has the right to assign its rights and obligations under the Terms at any time, provided that the acquiring company can reasonably be expected to fulfil its obligations under the Terms in a manner satisfactory to the User. You as a User may not assign your rights or obligations under the Terms to a third party.
14.4 These Terms constitute the entire agreement between Getvitamine and the User concerning the Service and Subscription and supersede all previous agreements and representations between the parties concerning the Service and Subscription.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 These Terms have been drawn up and shall be interpreted in accordance with Swedish law.
15.2 If a dispute arises between Getvitamine and the User in connection with the Terms or for any other reason, the parties shall first attempt to resolve it by agreement. If the parties cannot agree, the dispute may be referred to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden), insofar as the Board has jurisdiction to hear the matter. Otherwise, the dispute shall be decided by the ordinary courts of Sweden.