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Terms and Conditions

Terms & ConditionsTerms & Conditions

Terms and Conditions

Welcome to ActiFolic.

These terms and conditions outline the rules and regulations for the use of ActiFolic’s Website and rules about placing your order located at www.actifolic.com

By accessing this website we assume you accept these terms and conditions. Do not continue to use ActiFolic if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the company’s country. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your Privacy

Please read Privacy Policy

Article 1 – Definitions

In these terms and conditions, the following terms are defined:

  1. Cancellation period: The time frame during which the customer can exercise their right to withdraw from the agreement.
  2. Customer: An individual who is not engaged in a professional or business capacity and enters into a remote agreement with the seller.
  3. Day: A calendar day.
  4. Duration transaction: A remote agreement pertaining to a series of products and/or services where the delivery and/or purchase obligations are spread over a period of time.
  5. Durable data carrier: Any medium that allows the customer or seller to store information intended for the individual in a way that enables future reference and unaltered reproduction of the stored information.
  6. Right of order cancellation: The customer’s option to cancel the remote agreement during the reflection period.
  7. Withdrawal form: The form provided by the seller for the customer to fill out when they wish to exercise their right of withdrawal.
  8. Seller/Entrepreneur: The natural or legal person offering products and/or services to customers remotely.
  9. Distance contract: An agreement in which, as part of a system organized by the seller for the remote sale of products and/or services, one or more forms of remote communication are exclusively used up to and including the conclusion of the agreement.
  10. Distance communication: Methods that can be used to enter into an agreement, without both the customer and the seller being physically present in the same location at the same time.
  11. General Terms and Conditions: The present General Terms and Conditions of the seller.

Article 2 – Identity of the entrepreneur

ActiFolic
Email Address: info@actifolic.com
VAT ID.: Upon Request
Chamber No.: Upon Request

If the entrepreneur’s operations are governed by an applicable authorization system, the following information about the regulatory body should be provided:

In the event that the entrepreneur is engaged in a regulated profession, the following details are required:

  1. The professional association or organization of which they are a member.
  2. The professional title and the location within the EU or the European Economic Area where this title is granted.

Article 3 – Applicability

These general terms and conditions are applicable to all offers presented by the entrepreneur and to all remote contracts and orders executed between the entrepreneur and the customer.

Prior to the conclusion of a remote contract, the text of these general terms and conditions will be provided to the customer. If this is not reasonably feasible, it will be indicated, before the remote agreement is finalized, that the customer can access the general terms and conditions at the entrepreneur’s premises and that they will be promptly sent to the customer at no cost upon request.

If the remote contract is electronically concluded, in contrast to the previous paragraph, the text of these general terms and conditions may be made available to the customer electronically in a manner that allows the customer to easily save them on a durable data storage device. If this is not reasonably achievable, prior to the conclusion of the remote contract, information will be provided on where the general terms and conditions can be electronically accessed and that they will be sent electronically or otherwise without charge upon the customer’s request.

In cases where specific product or service conditions also apply, the second and third paragraphs will apply by analogy, and in the event of conflicting general terms and conditions, the customer can always invoke the provision that is most favorable to them.

If any provision within these general terms and conditions is declared void or invalidated, in whole or in part, at any time, the agreement and these terms and conditions will remain in effect, and the concerned provision will be promptly replaced through mutual consultation by a provision that closely aligns with the intent of the original provision.

Matters not covered by these general terms and conditions should be assessed within the context of these general terms and conditions.

Any uncertainties regarding the interpretation or content of one or more provisions in our terms and conditions should be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – Offers at the webshop

If an offer has a limited validity period or is subject to specific conditions, these details will be clearly stated in the offer.

The offer is non-binding, and the entrepreneur reserves the right to modify and adjust it.

The offer provides a comprehensive and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the customer to make an informed assessment of the offer. In cases where the entrepreneur uses images, they are an accurate representation of the products and/or services on offer. Any obvious mistakes or apparent errors in the offer are not legally binding on the entrepreneur.

All images, specifications, and information in the offer are indicative and do not form the basis for compensation or the dissolution of the agreement.

Images of products are an authentic depiction of the products being offered. However, the entrepreneur cannot guarantee that the colors shown will perfectly match the actual colors of the products.

Each offer includes information to make it clear to the customer what rights and obligations are associated with accepting the offer. This information includes:

  • All prices, including 21% VAT.
  • A flat-rate shipping fee, based on the order’s origin, for all orders.
  • How the agreement will be finalized and the required actions.
  • Whether the right of withdrawal applies.
  • The payment method, delivery, and fulfillment of the contract.
  • The timeframe for accepting the offer or the period during which the entrepreneur guarantees the price.
  • The cost of using technology for remote communication if it differs from the regular basic rate.
  • Whether the agreement will be archived after completion and how the customer can access it.
  • How the customer can review and, if necessary, amend the data provided before concluding the contract.
  • The codes of conduct governing the entrepreneur and how the customer can access these electronically.
  • In the case of an ongoing transaction, the minimum duration of the remote contract.

Article 5 – The Agreement

The agreement is considered finalized, except as specified in paragraph 4, when the customer accepts the offer and meets the stipulated conditions.

If the customer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of this electronic acceptance. Until the entrepreneur acknowledges the receipt of acceptance, the customer has the option to cancel the agreement.

In cases where the agreement is formed electronically, the entrepreneur will implement appropriate technical and organizational measures to ensure the secure transmission of electronic data and maintain a secure online environment. If electronic payment is available to the customer, the entrepreneur will implement suitable security measures.

The entrepreneur, within the bounds of the law, may assess whether the customer can fulfill their payment obligations and consider all relevant facts and factors for a responsible conclusion of the remote contract. If, based on this assessment, the entrepreneur has substantial reasons not to proceed with the agreement, they have the right to decline the order or impose special conditions on its execution.

The entrepreneur will provide the following information to the customer along with the product or service, either in writing or in a format that allows the customer to save it on a durable data carrier:

  • The physical address of the entrepreneur’s establishment for customer complaints.
  • The terms and procedures for exercising the right of withdrawal, or a clear statement of any exclusions from this right.
  • Details about warranties and post-purchase services.
  • The information mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement.
  • The conditions for canceling the agreement when it has a duration of over one year or is of an indefinite duration.

For long-term transactions, the provision in the previous paragraph is applicable only to the initial delivery.

Each agreement is contingent upon the products’ adequate availability.

Article 6 – Right of cancellation (RETURN POLICY)

Please read our return policy here

Regarding Product Deliveries:

When a customer purchases products, they have the option to cancel the agreement within a 14-day period without providing any specific reasons. The withdrawal period for this order begins the day after the product is received by the customer or a representative designated by the customer in advance and communicated to the seller.

During the cancellation period, the customer should handle both the product and its packaging with care. The product should only be unpacked or used to the extent necessary to evaluate whether the customer wishes to keep it. If the customer chooses to exercise their right to cancel, they should return the product, along with all the included accessories, and, if reasonably feasible, in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the seller.

In the event that the customer wishes to exercise their right to cancel, they are obligated to notify the seller within 14 days of receiving the product. This notification should be made via email or other available means of contact. Following the customer’s declaration of their intent to cancel, the product must be returned within 14 days. The customer must retain proof of timely product return, such as a shipping receipt.

If the customer has not indicated within the timeframes mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the seller, the purchase becomes permanent.

Article 7 – Costs in case of returning an order

If the customer decides to exercise their right to cancel and wishes to return an order, they will be responsible for the shipping costs associated with the return of the goods. Any shipping costs incurred with the initial order will be reimbursed.

Once the customer has returned the order in an acceptable condition, the seller will promptly refund the corresponding amount, ensuring that this is done within 14 days of receiving the returned order.

It’s imperative that the product has been received by the seller or that conclusive evidence of its complete return can be provided. A refund cannot be processed if the seller has not received the package properly. Therefore, it is the customer’s responsibility to exercise utmost care in selecting a reliable carrier for the return.

Refunds will be issued using the same payment method employed by the customer, unless the customer explicitly consents to an alternative payment method.

In the event of any damage to the product due to negligent handling by the customer, the customer will be held responsible for any reduction in the product’s value.

The customer will not be held accountable for any decrease in the product’s value if the seller has failed to provide all legally required information about the right to cancel prior to the conclusion of the purchase agreement. This information must be provided before the purchase agreement is finalized.

Article 8 – Exclusion of right of cancellation

The entrepreneur has the option to waive the customer’s right to cancel an order for products as detailed in paragraphs 2 and 3.

The exemption of the right to cancel is applicable solely to products:

  1. Custom-made by the entrepreneur based on the customer’s specific requirements.
  2. Clearly of a personal nature.
  3. Unreturnable due to their inherent nature.
  4. Prone to rapid deterioration or spoilage.
  5. Whose pricing is subject to fluctuations in the financial market, beyond the entrepreneur’s control.
  6. Hygienic products with a broken seal, as stipulated by the customer.

Article 9 – The price

Throughout the duration of the offer’s validity, the prices of the products and/or services presented will remain unchanged, except in cases of price adjustments resulting from changes in VAT rates.

However, in contrast to the previous provision, the entrepreneur may present products or services with variable prices, subject to fluctuations in the financial market over which the entrepreneur has no control. The obligation for price fluctuation and the fact that the listed prices are indicative will be clearly indicated in the offer.

Price increases within three months following the conclusion of the agreement are permissible only if they are a consequence of legal regulations or provisions.

Price adjustments occurring after a period of three months following the contract’s conclusion are acceptable only if the entrepreneur has stipulated this and:

  1. They are mandated by legal regulations or provisions; or
  2. The customer possesses the right to terminate the contract from the day when the price increase becomes effective.

The prices specified in the product or service offer are inclusive of VAT.

Please note that all prices are subject to potential viewing and typographical errors. The entrepreneur does not assume responsibility for any consequences stemming from such errors. In the event of viewing or typographical errors, the entrepreneur is not obligated to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur assures that the products and/or services conform to the agreement, adhere to the specifications specified in the offer, meet the reasonable standards of reliability and usability, and comply with the legal requirements and government regulations in effect at the time the agreement was reached.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not diminish the legal rights and claims that the customer can assert against the entrepreneur based on the terms of the agreement.

In the event of any defects or the delivery of incorrect products, the customer must promptly report these issues in writing to the entrepreneur upon their discovery. The products should be returned in their original packaging and in a new, unused condition.

The duration of the entrepreneur’s guarantee corresponds to the manufacturer’s guarantee period. Nevertheless, the entrepreneur is not liable for the ultimate suitability of the products for each specific application by the customer, nor for any advice concerning the use or application of the products.

The guarantee does not apply if:

The customer has either personally undertaken repairs or alterations to the delivered products or has enlisted third parties for these tasks.

The delivered products have been subjected to abnormal conditions, mishandled, or not used in accordance with the instructions provided by the entrepreneur. This may also include any modifications to the product’s original packaging.

The defects can be attributed in whole or in part to regulations established or to be established by the government concerning the nature or quality of the materials utilized.

Article 11 – RULES  – Delivery – 100% Customer Satisfaction Policy –  Returned due to not picking up – IMPORTANT

The entrepreneur will exercise the utmost care in receiving and fulfilling product orders and evaluating requests for service provision.

The designated delivery address will be the one provided by the customer during the shop’s checkout process.

The customer bears full responsibility for ensuring that ActiFolic is provided with accurate address details, email address, and phone number.

It is the customer’s complete responsibility to verify the accuracy of the address, email address, and phone number prior to proceeding with the checkout process. In the event that the customer supplies ActiFolic with incorrect address details, email address, and/or phone number, and if a parcel is lost due to ActiFolic or the shipping courier’s inability to contact the customer for order/parcel updates, the customer will not be covered under the 100% customer satisfaction policy, and all liability will rest with the customer. ActiFolic will not assume any costs or losses in this specific scenario. At the checkout, you are required to confirm the accuracy of your address and contact information by checking and confirming it.

If the customer has provided all the correct order details (address, email, and phone number) and diligently tracked the order, but the parcel unfortunately gets lost, ActiFolic will cover the expenses associated with reshipping the order or providing a refund in adherence to our 100% customer satisfaction policy.

The customer bears full responsibility for correctly following the parcel tracking instructions. It is also the customer’s responsibility to add ‘info@actifolic.com‘ to their email contacts list, as indicated during the store’s checkout process, to ensure proper reception of order and tracking information.

ActiFolic supplies comprehensive instructions along with a tracking number for every order. It is the customer’s responsibility to consistently track the parcel, preferably on a daily basis. ActiFolic cannot be held accountable for tracking parcels on behalf of customers, as this is not feasible for every customer.

In the event that a package is lost due to the customer’s failure to regularly monitor the tracking information, ActiFolic will not reimburse any costs, as the responsibility rests with the customer. We can reship the order once we receive the package back.

If a package is returned to ActiFolic because the customer did not adequately monitor the tracking information, ActiFolic will not refund any costs, as the responsibility for proper order tracking lies with the customer. Upon receipt of the package, we can reship the order to the customer, but the customer will be responsible for the new shipping costs.

Subject to the conditions outlined in paragraph 4 of this article, the company will expeditiously process accepted orders, delivering them within 30 days at the latest, unless the customer has consented to a longer delivery period. If there are delays in delivery, the inability to fulfill an order, or partial fulfillment, the customer will be notified within 30 days of placing the order. In such cases, the customer has the right to cancel the agreement at no cost, with no entitlement to compensation.

All delivery timeframes provided are approximations, and the customer cannot derive any rights based on these timeframes. Exceeding a timeframe does not entitle the customer to compensation.

In the event of an agreement dissolution in accordance with paragraph 3 of this article, the entrepreneur will promptly refund the amount paid by the customer, within a maximum of 14 days after dissolution.

If it turns out to be impossible to deliver a product ordered, the entrepreneur will endeavor to provide a suitable replacement item. It will be clearly and comprehensibly indicated, no later than at the time of delivery, that a replacement item will be provided. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will cover the costs of any return shipment.

The responsibility for the risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the customer or to a pre-appointed representative, as previously notified to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payments

Unless otherwise specified, the customer is required to settle the amounts owed within 7 business days of placing the order. When an agreement pertains to service provision, this timeframe begins upon the customer’s receipt of confirmation of the agreement.

The customer is responsible for promptly reporting any errors in the payment information furnished to the entrepreneur.

In the event of non-payment by the customer, the entrepreneur reserves the right, within legal limits, to impose reasonable upfront costs on the customer.

Article 13.1 – Complaints

The entrepreneur maintains a clearly communicated complaints procedure and addresses complaints in accordance with this process.

Complaints submitted to the entrepreneur will receive a response within 14 days from the date of receipt. Should a complaint necessitate a longer processing period, the entrepreneur will acknowledge the receipt of the complaint within 14 days, providing an estimated timeframe for a more detailed response.

In the event that a complaint cannot be resolved through mutual agreement, it will lead to a dispute that will be subject to a formal dispute resolution procedure.

Should the entrepreneur determine that a complaint is valid, the entrepreneur will, at their discretion, either provide free replacement or repair of the delivered products.

Article 13.2 – Lost packages

Regrettably, there are instances where packages may go missing during the shipping process. Our commitment is to achieve 100% customer satisfaction. In the event of a lost package, our first course of action is to attempt to determine the package’s whereabouts. If it is impossible to trace the package, we will arrange for the reshipment of your order.

Reshipping will be carried out after ActiFolic has communicated with their shipping agent and the customer has done the same with their local shipping agent. If both companies are unable to track the package, ActiFolic will proceed with the reshipment of the order.

In cases where a customer prefers a refund instead of a reshipment for a lost package, ActiFolic will refund the entire order amount, excluding the shipping costs. Please be advised that any customers who misuse this service will face permanent bans from our website, and legal actions may be pursued. It’s important to note that a signature is required for every delivered order.

We refer to ARTICLE 11 for more information about our 100% customer satisfaction policy and rules in regards to reshipments etc.

Article 14 – Disputes

Agreements between the entrepreneur and the customer to which these general terms and conditions apply, are exclusively governed by the law where ActiFolic is established. Even if the customer lives abroad.

The Vienna Sales Convention does not apply.