Terms and Conditions for Femlycare
Table of Contents
Last Updated: 19.11.2024
These Terms and Conditions ("Terms") govern the sale of products by Nord Health OÜ through the brand "Femlycare" on its websites. By placing an order, you agree to be bound by these Terms.
1. Scope of Application and Our Identity
1.1. These Terms apply to all contracts concluded between you, as a consumer, and us. The seller of the goods is:
Nord Health OÜ (doing business as Femlycare)
Registry Code: 17137855
Address: Harju maakond, Tallinn, Kesklinna linnaosa, J. Vilmsi tn 47-12, 10115, Estonia
Email: hello@femlycare.com
(Hereinafter "we", "us", or "Femlycare").
1.2. We sell our products exclusively to consumers (individuals acting for purposes which are outside their trade, business, or profession) who are at least 18 years old.
1.3. The contract language is English.
2. Conclusion of a Contract
2.1. The presentation of products on our website is an invitation for you to make an offer to purchase.
2.2. By completing the checkout process and clicking the final payment button, you are submitting a legally binding offer to purchase the selected products.
2.3. A binding contract is formed only when we accept your offer. We will accept your offer by either:
- a) Sending you an order confirmation email, or
- b) Dispatching the goods to you.
2.4. The initial automated email you receive after placing your order only confirms that we have received your offer; it does not constitute acceptance of the contract. We reserve the right to decline your offer before a contract is formed (for example, if a product is out of stock).
3. Subscription Terms
3.1. When you order a subscription, you enter into a contract for the regular, recurring delivery of products at the interval you select.
3.2. Automatic Renewal: Your subscription will automatically renew at the end of each subscription period. We will automatically charge the applicable subscription fee to the payment method you provided.
3.3. Cancellation: You may cancel your subscription at any time, without providing a reason and with effect for the next billing cycle. To cancel, you can log into your customer account on our website or by sending a clear cancellation request to our support team at hello@femlycare.com. There are no minimum terms or cancellation fees.
3.4. We reserve the right to change subscription prices. We will notify you of any price changes at least 30 days in advance, and you will have the right to cancel your subscription before the new price takes effect.
4. Prices, Payment, and Delivery
4.1. All prices are stated in Danish Kroner (DKK) and are the final prices as shown on the product page and in the checkout.
4.2. Shipping costs are indicated separately during the checkout process. For subscriptions, shipping is typically free, as stated in the offer. For one-time purchases, a shipping fee applies.
4.3. Payment is processed through the payment methods offered at checkout.
4.4. Delivery will be made to the address you provide. We aim to dispatch orders within 1-2 business days, with an estimated delivery time of 3-5 business days within Denmark. Delivery is handled by our logistics partner, FedEx.
4.5. The risk of loss of or damage to the goods passes to you when you, or a third party indicated by you, acquires physical possession of the goods.
5. Statutory Right of Withdrawal (14 Days)
5.1. As a consumer in the EU/EEA, you have a legal right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day you receive your goods (or the first delivery, in the case of a subscription).
5.2. To exercise this right, you must send a clear statement of your decision to withdraw to us at hello@femlycare.com before the 14-day period expires.
5.3. Exception to the Right of Withdrawal: This right does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. Our products are delivered with a hygiene seal. If you break this seal, you lose your statutory right to withdraw.
5.4. Effects of Withdrawal: If you withdraw from the contract for an unsealed item (or for any other reason where the right applies), you must return the goods to us at your own expense. We will refund all payments received from you for that item, including standard delivery costs, within 14 days of receiving the returned goods or proof of their postage.
6. Our 60-Day "Femlycare Happiness" Guarantee
6.1. In addition to your statutory rights, we offer a voluntary 60-Day "Femlycare Happiness" Guarantee. This guarantee does not affect or limit your statutory right of withdrawal.
6.2. If you are not satisfied with your Femlycare product for any reason, you can request a refund under this guarantee.
6.3. Terms of the Guarantee:
- a) The guarantee is valid only for your very first order with Femlycare.
- b) It can be claimed only once per customer.
- c) You must contact us at hello@femlycare.com within 60 days of receiving your first order to initiate the refund process.
- d) The refund is limited to the product price of a maximum of two (2) bottles, even if your first order was for a larger quantity.
- e) You are not required to return the opened or used product to us to receive the refund.
- f) For one-time purchases, the original shipping cost is non-refundable.
7. Liability and Medical Disclaimer
7.1. We are liable without limitation for damages caused by intent or gross negligence. In cases of slight negligence, our liability is limited to breaches of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract. In such cases, liability is limited to the foreseeable, typical damage. These limitations of liability do not apply to injury to life, body, or health.
7.2. Medical Disclaimer: Our products are food supplements and are not intended to diagnose, treat, cure, or prevent any disease. The information provided is for informational purposes only and is not a substitute for professional medical advice from a qualified healthcare provider.
7.3. You should always consult with your doctor or other qualified healthcare professional before starting any new supplement, especially if you have a pre-existing medical condition or are taking prescription medications.
7.4. Do not exceed the recommended daily dose. Keep out of reach of children. Individual results may vary.
8. Governing Law and Dispute Resolution
8.1. These Terms and all contracts concluded with us shall be governed by the laws of the Republic of Estonia.
8.2. This choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of Denmark, where you have your habitual residence.
8.3. Online Dispute Resolution: We always aim to resolve any disagreements directly with our customers in a fair and efficient manner. If you have any concerns, please contact us first at hello@femlycare.com.
In accordance with EU regulations, you can also access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that we are not obligated to, and do not commit to, participating in formal dispute resolution proceedings before a consumer arbitration board, as we believe direct communication is the best way to solve any issues.