Terms of Service

Terms & Conditions for Relivion

Important Notice: The following terms and conditions govern your use of the Relivion website and your purchase of products from us. Please read them carefully. These terms are subject to change without prior notice. By accessing and using our website or purchasing our products, you agree to be bound by these Terms & Conditions. For any legal concerns, we strongly advise consulting with a legal professional.

Article 1 – Definitions In these Terms & Conditions, the following definitions apply:

• Customer/Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Relivion.

• Day: Calendar day.

• Durable Medium: Any means that enables the consumer or Relivion to store information addressed personally to them in a way accessible for future reference and that allows the unaltered reproduction of the stored information.

• Distance Contract: An agreement concluded between Relivion and the consumer within the framework of a system organized for the distance sale of products and/or services, where the agreement is concluded exclusively by one or more means of distance communication.

• Means of Distance Communication: A medium that can be used for concluding an agreement without the consumer and Relivion simultaneously being present in the same space.

• Relivion (or "We", "Us", "Our"): The natural or legal person offering products and/or services to consumers at a distance.

• Terms & Conditions: These General Terms & Conditions of Relivion.

• Return Period (Cooling-off Period): The period within which the consumer can exercise their right of withdrawal.

Article 2 – Identity of Relivion Relivion LLC [Your US-based Legal Entity Name] [Your US-based Legal Address - Example: 123 Wellness Way, Suite 456, New York, NY 10001, USA] Email Address: info@relivion.com [Optional: Employer Identification Number (EIN) if applicable, or state registration number, as required by law.]

Article 3 – Applicability These Terms & Conditions apply to every offer made by Relivion and to every distance contract concluded and order placed between Relivion and the consumer. Before the distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the Terms & Conditions can be reviewed and that they will be sent free of charge as soon as possible upon the consumer's request. If the distance contract is concluded electronically, the text of these Terms & Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the Terms & Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request. In the event that specific product or service conditions apply in addition to these Terms & Conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them. If one or more provisions in these Terms & Conditions are at any time wholly or partially void or voided, the agreement and these terms will otherwise remain in force, and the relevant provision will be replaced by mutual agreement with a provision that approaches the original as closely as possible. Situations not regulated in these Terms & Conditions must be assessed 'in the spirit' of these Terms & Conditions. Uncertainties about the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these Terms & Conditions.

Article 4 – The Offer If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer. The offer is non-binding; Relivion reserves the right to modify and adjust the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Relivion uses images, these are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind Relivion. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. Relivion cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• The price including taxes.

• Any shipping costs.

• The way in which the agreement will be concluded and what actions are required for this.

• Whether or not the right of withdrawal applies.

• The method of payment, delivery, and execution of the agreement.

• The period for accepting the offer, or the period within which Relivion guarantees the price.

• The level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used.

• Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer.

• The way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, rectify it.

• Any other languages in which, besides English, the agreement can be concluded.

• The minimum duration of the distance contract in the case of a continuing performance contract.

• Optional: available sizes, colors, types of materials.

Article 5 – The Agreement Subject to the provisions in paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein. If the consumer has accepted the offer electronically, Relivion will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Relivion, the consumer can dissolve the agreement. If the agreement is concluded electronically, Relivion will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Relivion will observe appropriate security measures. Relivion can – within legal frameworks – inform itself whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Relivion has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution. Relivion will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. The visiting address of Relivion's establishment where the consumer can lodge complaints; b. The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. Information about guarantees and existing after-sales service; d. The data included in Article 4, paragraph 3 of these terms, unless Relivion has already provided this data to the consumer before the execution of the agreement; e. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Important Clauses for US-Based, Third-Country Sourcing (if applicable):

• Responsibility for Import Duties & Taxes: Please note that if goods are shipped from a third country (e.g., China) directly to you, the customer is solely responsible for paying any applicable import duties, customs fees, tariffs, and Value Added Tax (VAT) upon receipt of the goods. These charges are not included in the product price or shipping costs charged by Relivion.

• Direct Shipment from Supplier: Goods may be shipped directly from our third-party suppliers or fulfillment centers located outside of the United States. Relivion does not import the goods into the USA; the shipment is directly managed by the supplier in the third country.

• Risk of Delay or Additional Costs: Customers are advised that delays or additional costs (such as customs processing fees) may occur during the import of goods. All such costs and risks are entirely at the customer's expense and responsibility.

Article 6 – Right of Withdrawal (Returns Policy) When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to Relivion. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to Relivion, in accordance with the reasonable and clear instructions provided by Relivion. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify Relivion within 30 days of receiving the product. The consumer must do this by means of a written notice/email. After the consumer has notified their wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment. If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to Relivion after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal If the consumer exercises their right of withdrawal, the costs for returning the products are at the consumer's expense. If the consumer has paid an amount, Relivion will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by Relivion or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of Right of Withdrawal Relivion can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Relivion has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: a. That have been created by Relivion in accordance with the consumer's specifications; b. That are clearly personal in nature; c. That cannot be returned due to their nature; d. That can spoil or age quickly; e. Whose price is subject to fluctuations in the financial market over which Relivion has no influence; f. For loose newspapers and magazines; g. For audio and video recordings and computer software of which the consumer has broken the seal. h. For hygienic products of which the consumer has broken the seal (e.g., foot insoles that have been worn).

Exclusion of the right of withdrawal is only possible for services: a. Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b. Whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired; c. Concerning betting and lotteries.

Article 9 – The Price During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in sales tax (e.g., state sales tax) rates. Notwithstanding the previous paragraph, Relivion may offer products or services whose prices are subject to fluctuations in the financial market and over which Relivion has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if Relivion has stipulated this and: a. These are the result of legal regulations or provisions; or b. The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices mentioned in the offer of products or services include sales tax, where applicable. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Relivion is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty Relivion guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Relivion also guarantees that the product is suitable for other than normal use. A warranty provided by Relivion, manufacturer, or importer does not detract from the legal rights and claims that the consumer can assert against Relivion based on the agreement. Any defects or incorrectly delivered products must be reported to Relivion in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The warranty period of Relivion corresponds to the manufacturer's warranty period. However, Relivion is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

• The delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of Relivion and/or treated on the packaging;

• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution Relivion will exercise the greatest possible care when receiving and executing product orders. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these Terms & Conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, Relivion will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, Relivion will endeavor to make a replacement article available. No later than the delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are at Relivion's expense. The risk of damage and/or loss of products rests with Relivion until the moment of delivery to the consumer or a representative designated in advance and made known to Relivion, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Extension Termination The consumer can terminate an agreement entered into for an indefinite period and which serves for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement entered into for a definite period and which serves for the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can:

• Terminate the agreements mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period;

   

• At least terminate in the same way as they were entered into by him;

   

• Always terminate with the same notice period as Relivion has stipulated for itself. Extension An agreement entered into for a definite period and which serves for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which serves for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer terminates this extended agreement by the end of the month. An agreement entered into for a definite period and which serves for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement serves for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for acquaintance (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the agreed duration opposes this.

Article 13 – Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer has the duty to immediately report inaccuracies in provided or stated payment data to Relivion. In the event of non-payment by the consumer, Relivion has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure Complaints about the execution of the agreement must be submitted to Relivion completely and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to Relivion will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Relivion will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend Relivion's obligations, unless Relivion indicates otherwise in writing. If a complaint is found to be justified by Relivion, Relivion will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Governing Law and Dispute Resolution These Terms & Conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of [State where Relivion LLC is registered, e.g., Delaware or New York], without regard to its conflict of law principles. Any dispute arising from or related to these Terms & Conditions, the website, or the products purchased shall be resolved exclusively in the state or federal courts located in [County/City, State where Relivion LLC is registered, e.g., New York County, New York]. By using the Relivion website, you consent to the exclusive jurisdiction and venue of such courts.