Terms of service

Terms & Conditions

Table of Contents

Scope

Conclusion of Contract

Right of Withdrawal / Returns

Prices and Payment Terms

Delivery and Shipping Conditions

Retention of Title

Warranty (Liability for Defects)

Liability

Applicable Law

Jurisdiction & Arbitration (US Customers)

Alternative Dispute Resolution

1) Scope

These Terms & Conditions (“Terms”) of Nutrasium S.r.l. (“Seller”) apply to all contracts for the supply of goods concluded with consumers or businesses (“Customer”) via our online shop.

A consumer is any natural person acting outside their trade, business or profession.

A business is any natural or legal person acting in the course of trade, business or profession.

2) Conclusion of Contract

Product descriptions in our online shop are not binding offers but invitations to place an order.

By submitting an order via our checkout, the Customer makes a binding offer to purchase.

The Seller may accept the offer within five days:

by sending an order confirmation (email or text form),

by delivering the ordered goods, or

by requesting payment after the order is placed.

If payment is made via PayPal or another instant payment method, the contract is concluded at the time the Customer confirms the payment.

The contract text is stored and sent to the Customer in text form (e.g. email).

3) Right of Withdrawal / Returns

EU & UK Customers

Consumers have a 14-day withdrawal right (cooling-off period).

To exercise this right, the Customer must notify us in writing (email is sufficient) and return goods unused and in their original packaging.

Refunds are issued within 14 days after receipt of the returned goods.

US & Non-EU Customers

We offer a 30-day return policy for unused and unopened products.

If products are defective or incorrect, return shipping costs are covered by us.

Refunds are issued to the original payment method once goods are received back.

Important: For shipments outside the EU, if goods are seized, delayed, or refused by customs or regulatory authorities, no refund will be issued unless the parcel is returned to us in resalable condition. Customers bear responsibility for ensuring compliance with local import laws.

4) Prices and Payment Terms

All prices include applicable VAT/sales tax unless otherwise stated. Additional shipping or import duties may apply.

Available payment methods (PayPal, Apple Pay, Google Pay, Klarna, Shopify Payments, credit cards) are displayed during checkout.

Payments are processed securely by third-party providers; their terms also apply.

5) Delivery and Shipping Conditions

Delivery is made to the delivery address specified by the Customer, unless otherwise agreed.

If delivery fails due to reasons attributable to the Customer (e.g. incorrect address, failure to collect), the Customer shall bear the resulting reasonable costs. This does not apply to the original shipping costs if the Customer validly exercises their right of withdrawal. Return shipping costs in the case of a valid withdrawal follow the rules set out in Section 3.

For business Customers, the risk of accidental loss or deterioration passes once the goods are handed over to the carrier. For consumers, risk passes only upon receipt of the goods, unless the Customer selected the carrier independently and we did not recommend that carrier.

If products are unavailable, we may withdraw from the contract and refund payments.

Self-collection is not possible.

International Orders (including USA and non-EU countries)

Products are shipped from Italy and may be subject to customs inspections, duties, taxes, or import restrictions in the destination country.

It is the Customer’s responsibility to ensure that the ordered products are legally permitted in their country and comply with local import regulations.

We cannot guarantee that shipments will clear customs. In the event of refusal, delay, or seizure by customs or regulatory authorities, Nutrasium S.r.l. shall not be liable for any resulting loss.

If a parcel is returned to us due to non-compliance with import regulations, we will refund the product price (excluding shipping costs) once the goods are received back in resalable condition.

By placing an order from outside the EU, the Customer accepts that they are importing the product at their own risk and agrees to hold Nutrasium S.r.l. harmless for any issues arising from customs clearance or local regulatory requirements.

6) Retention of Title

Goods remain our property until full payment is received.

7) Warranty (Liability for Defects)

Consumers: statutory rights in EU, UK, and US remain unaffected.

Businesses: warranty period for new goods is one year from delivery; used goods are sold “as is”.

Consumers are asked to inspect goods upon delivery and notify us of defects, but failure to do so does not affect statutory rights.

8) Liability

We are fully liable for:

intent and gross negligence,

injury to life, body, or health,

product liability,

any guarantee given.

For negligence in essential contractual duties, liability is limited to foreseeable damages typical for such contracts.

Otherwise, liability is excluded.

Mandatory consumer rights under UK Consumer Rights Act 2015 and US consumer protection laws remain unaffected.

9) Applicable Law

EU customers: Italian law, with EU consumer protections preserved.

UK customers: English law, with UK consumer protections preserved.

US customers: New York law, with mandatory state/federal protections preserved.

10) Jurisdiction & Arbitration (US Customers)

Jurisdiction

For businesses: Seller’s registered office (Italy) has exclusive jurisdiction.

For consumers in EU/UK: jurisdiction is customer’s residence, unless otherwise permitted by law.

US Arbitration Agreement

For US customers, any dispute, claim, or controversy arising out of or relating to these Terms or the purchase of goods shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration shall take place in New York, NY, unless otherwise agreed.

The arbitrator’s decision shall be final and binding, with limited rights of appeal.

Each party shall bear its own legal costs unless otherwise required by law.

Class Action Waiver

US customers agree that disputes will be resolved only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding. Class arbitrations, class actions, and private attorney general actions are not permitted.

11) Alternative Dispute Resolution

EU/UK customers: European Commission ODR platform: https://ec.europa.eu/consumers/odr

US customers: In addition to arbitration, you may also contact the Federal Trade Commission (FTC) or relevant state consumer protection agencies.