Juice Plus+ General Terms and Conditions for end consumers purchasing Juice Plus+ products and participating in the NOW! Programme (‘Terms and conditions’)

A) Customer Purchase Terms & Conditions:

 

Premises:

Before using this website or purchasing Juice Plus+ products or services, the customer must consent to these terms and conditions and the Privacy Policy given online at the following link for:
Germany: https://www.juiceplus.com/de/de/privacy-policy
Austria: https://www.juiceplus.com/at/de/privacy-statement
Switzerland: https://www.juiceplus.com/ch/de/privacy-statement

1. General:

1.1. The Juice Plus+ Europe Company GmbH (hereinafter ‘Juice Plus+’) sells dietary products and dietary supplements (‘products’) to end customers (‘customer(s)’) on its website at: Germany: https://www.juiceplus.com/de/de (Austria: https://www.juiceplus.com/at/de, Switzerland: https://www.juiceplus.com/ch/de ) and on all relevant subdomains (‘website’) and via freelance Juice Plus+ partners.

1.2. The customer confirms that they are over the age of 18 (eighteen).

2. Contract:

2.1. Each order (‘order’) received by Juice Plus+ under section 1.1 shall only be accepted by Juice Plus+ at its own discretion. The order is deemed accepted and the contract (‘contract’) concluded when the customer i) receives a confirmation email from Juice Plus+; or ii) receives the product.

2.2. The contract is exclusively subject to these terms and conditions.  No other customer terms and conditions are applicable. 

2.3. By placing an order with Juice Plus+, the customer confirms that they have read, understood and accept the terms and conditions and the privacy policy fully and completely. The customer acknowledges that changes to the terms and conditions are only valid with the written agreement of Juice Plus+.

3. Prices and shipping costs:

3.1. The prices shown on the website include the statutory VAT.

3.2. Juice Plus+ may charge additional shipping costs for products according to the delivery location and/or a different delivery method which the customer is expressly obliged to accept.

4. Delivery:

4.1. Customer requests concerning shipping or delivery are only binding if they are expressly accepted and confirmed by Juice Plus+ in writing.

The customer declares and accepts that only the information or delivery details communicated to the customer by Juice Plus+ in writing are binding and enforceable, unless section 4.2 applies. Juice Plus+ may at its discretion select a different delivery method.

4.2. The customer confirms, warrants and agrees that i) Juice Plus+ shall not be held liable for delays in delivery caused by events of force majeure or events outside of Juice Plus+’s control; and ii) that the customer shall not be released from the contract by any such delivery delay.

4.3. The risk transfers to the customer in the following cases:

• On delivery to the customer, 
• On delivery to the alternative delivery point stipulated by the customer in the order, 
• On delivery to a family member of the customer,  
• On delivery to a named person stipulated by the customer in the order

or to a neighbour of the customer who signs in writing for receipt of the delivery on behalf of the customer.

4.4. The customer confirms that ownership of the product shall only pass to him/her when full payment has been received for the product.

5. Orders:

5.1. Home delivery service contracts (delivery every 4 months) are agreed for an indefinite period. Either party may cancel this contract before the next delivery date by giving up to 30 days’ notice. The contract may be cancelled in writing (email) or by telephone. The purchaser can opt for payment by instalments, with 4 x monthly payments due (4 instalments) or a single payment of the full amount due.

5.2. Before placing an order, the customer can choose between the single full-payment option or a 4-month instalment plan. The customer acknowledges that Juice Plus+ may refuse an instalment plan.

5.3. Should the customer place several different orders, they may choose a single full-payment option or a 4-month instalment plan for each individual order.

5.4. The order is binding on the customer when the confirmation email is sent by Juice Plus+. In the case of changes to an order after it is placed and before the confirmation email is sent, the customer may notify the customer care team by email at [email protected] or by telephone (Germany: +49 76216879122, Austria: +43 800 8022 54, Switzerland: +41 61 307 43 01) or by letter.

5.5. The products are available as long as stocks last, although Juice Plus+ reserves the right, for each order, to set quantitative limits, to refuse an order in whole or in part, and/or to remove products from the range without notice, even if the customer has already placed an order.

6. Warranty:

6.1. Please refer to the legal warranty rights.

6.2. For any questions concerning warranty, customers can contact the customer care department on the following telephone numbers: +49 76216879122 for Germany (Austria: +43 800 8022 54, Switzerland: +41 61 307 43 01).

7. Payment:

7.1. Payment for the order (‘payment’) can be made by: MasterCard, Visa.

7.2. Payment is due when the order is confirmed by Juice Plus+ or delivered and an invoice sent to the customer.

7.3. In the case of any delay in payment by the customer, Juice Plus+ may demand default costs and damages from the customer. 

7.4. If the customer does not make the payments due or the products are returned to Juice Plus+ because of an incorrect address, or the customer fails to collect the products or refuses to do this contrary to the contract, all costs and damages arising for Juice Plus+ shall be borne by the customer.

8. Returns:

8.1. Juice Plus+ is proud of the quality of its products and certifies that its products meet the highest statutory consumer standards. However, if a customer is not satisfied with a product, they should contact us by email [email protected] or by telephone on +49 76216879122 and, if necessary, return the product to us for exchange or a refund of the purchase price.

8.2. The customer has the right to cancel their order under the Juice Plus+ returns policy within 14 (fourteen) days after delivery of the product (in the case of delivery of several partial deliveries, only after delivery of the first partial delivery). The cancellation will only be effective if the customer returns the goods to Juice Plus+ with proof of shipping within 30 (thirty) days after delivery. In this instance, the purchase price shall be refunded, taking into account sections 8.4 and 8.5.

8.3. Juice Plus+ will refund the purchase price using the same payment method used by the customer for the purchase, unless otherwise agreed in writing. In no case will the customer pay a repayment fee.

8.4. The customer confirms and warrants that they will in all instances bear the cost of any loss in value of the returned product.

8.5. The customer declares and warrants that a partial or full refund will be excluded if the product(s) returned by the customer are not fit for re-sale, have been used in part, are close to the expiry date or the date has already passed.

8.6. The customer’s right of return and its exclusions do not limit the statutory right of cancellation (B). This statutory right of cancellation and the Juice Plus+ right of return pursuant to section 8.2 do not apply in the case of deliveries of sealed goods which are unsuitable for return due to reasons of health or hygiene. The same applies to perishable goods, the expiry date of which has passed.

9. Information regarding the processing of personal data:

9.1. When placing an order on the website, the customer may open, or already have opened, an account. The customer is responsible for keeping their password confidential and restricting access to their password and account. The customer undertakes to accept and confirms responsibility for all orders placed via the account.

9.2. The personal data of customers (‘customer data’) is used in accordance with the EU Regulation 2016/679 (EU GDPR) and the applicable local data protection regulations.

9.3. Customer data will be used exclusively in compliance with the contractual obligations between the customer and Juice Plus+. In this case, the customer data collected and used will be strictly limited in scope to the minimum necessary for the purpose.

9.4. The customer can request deletion of their customer data at any time and fill out an application form for this at the following link:

https://jp.proteuscyber.com/GDPR/SAR/index.php

10. Newsletter and advertising:

10.1. With the placing of an order, the customer consents to receiving the Juice Plus+ Newsletter and advertising, based on the contact data collected in accordance with the privacy policy.

10.2. The customer’s contact data will not be passed on to third parties.

10.3. The customer can unsubscribe from receiving the newsletter and advertising at any time. This can be done by clicking on the ‘Unsubscribe’ button in the email.

11. General information and place of jurisdiction:

11.1. Should individual parts of the term and conditions prove null and void in whole or in part, the other terms and conditions are still valid.

11.2. The place of jurisdiction is the customer’s place of residence in Germany.

12. Amendments:

12.1. Juice Plus+ may change and adjust these terms and conditions with future effect if there is a valid reason for the change and provided that the change is reasonable with regard to the interests of the customers and Juice Plus+.

12.2. In particular, a valid reason occurs if the change is necessary due to a significant disturbance in the equivalence relationship in the contract for Juice Plus+ that was unforeseeable when the contract was concluded, or for technical reasons, or due to legal or jurisprudence changes necessary for the continued execution of the contract.

12.3. Juice Plus+ will make the amended terms and conditions available on this website at least one month prior to their planned entry into force.  The customer may state any objections to the amended terms and conditions during this term. If no communication is received within this term from the customer, the amended terms and conditions will be deemed to have been agreed.

13. Customer information:

13.1. Juice Plus+ hereby confirms that Juice Plus+ has implemented standard operational processes for the manufacture and delivery of its products and that these processes comprise operational standards or processes that comply with the applicable commercial and statutory standards. All products are manufactured, packed, labelled, supplied and delivery according to specifications defined by Juice Plus+ and in accordance with the information on the product label. 

13.2. The customer confirms that they have read the product label prior to use/consumption of the product and will observe all necessary measures to prevent any detrimental physical or health effects. The customer undertakes to inform Juice Plus+ immediately of any claims in regard to a product and to fully cooperate with Juice Plus+ in the case of an investigation (by the authorities or a competitor).

 

B) Cancellation Policy:

Right to cancel:

You have the right to cancel this contract within fourteen days without stating any reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, excluding the carrier, has taken possession of or has the first goods. To exercise your right to cancel, you must inform the Juice Plus+ Europe Company GmbH, Grosspeteranlage 29, CH-Basel 4052, Email: [email protected] (e.g. by letter or email), clearly stating your decision to cancel this contract. For this purpose, you may use the attached sample cancellation form, but this is not mandatory. To maintain the cancellation period, it is sufficient to notify us prior to the expiry of the cancellation period that the right of cancellation has been invoked.

Consequences of cancellation:

If you cancel this contract, we are obliged to return all payments we have received from you, including delivery costs (except the additional costs incurred by your selection of a delivery method other than the most economical standard delivery offered by us). Such return payment must be made immediately and no later than within fourteen days from the day on which we receive your notification of cancellation of the contract. The repayment will be made by the same payment method as the one used for the initial transaction, unless expressly agreed with you otherwise; in any event, you will not be charged any fees for such a repayment. We may refuse to issue a refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods or hand them over to Juice Plus+ immediately and in any case within 14 (fourteen) days from the day on which you informed us about the cancellation of the contract. The deadline is satisfied if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs for returning the goods.

You must only pay for any loss in value of the goods if this loss is caused by handling the goods in a manner not necessary for checking their quality, characteristics and proper functioning.

 

C) Conditions of participation for the NOW! Programme:

The NOW! Customer Bonus Programme (‘bonus programme’) is a loyalty programme for Juice Plus+ end customers who have purchased a NOW! packet. Participation in and use of the programme is subject to the following conditions:

1. Benefits of the NOW! Programme:

1.1. The NOW! Programme gives participants the opportunity to collect rewards points and status points. An overview of the bonus programme can be found at: http://nowbyjuiceplus.com/.

1.2. Reward points (coins) and status points are available. Reward points can be redeemed against Juice Plus+ products and/or services. Current details are given in the ‘Content 4me’ section of the website indicated in 1.1. Status points are used to reach specific status levels and entitle participants to take advantage of the associated status services. Participants can check their current status at ‘Now!Rewards’.

1.3. Status points cannot be redeemed as coins nor exchanged for coins. The converse also applies.

1.4. Reward points and status points are linked to the individual and are therefore non-transferable.

2. Conditions of participation:

2.1. Participants must be natural persons over the age of 18 resident in the European Economic Area. 

2.2. Participation in the NOW! Programme is subject to a fee. This is €12.00 / CHF 12.00 for 4 months. This will be offset against the purchase of a Juice Plus+ product offering participation in the programme (NOW! packets). Pro rata, the fee will be charged at €3.00 / CHF 3.00 per month. To apply, participants should submit their full name, address, email address and date of birth. The data can be amended at any time at [email protected].

2.3. Customers can participate in the NOW! Programme once they have purchased and paid for a NOW! packet and successfully applied to the programme.

3. How the NOW! Coins programme works:

3.1. For regular (daily!) participation in the programme points listed under ‘My Journey’ and in recruiting new customers, participants are credited with the respective number of coins and/or status points indicated. A maximum of nine new customers per month will be taken into account.

3.2. The coins credited can be redeemed against purchases of the goods and services offered. Juice Plus+ reserves the right to specify services such as travel or events unilaterally for a specific time period. Should services that have been selected subsequently be cancelled, the customer has no claim for compensation. 

3.3. In cases where the participant does not make regular use of the NOW! Programme, Juice Plus+ will delete the coins. Entitlement to coins is dependent on daily use of the NOW! Programme. If the participant terminates their use of the NOW! Programme, their coin account will be deleted. This will occur if the participant has not made use of the NOW! Programme for a period of two months or more. However, the status points will remain. A refund of the participation fee is excluded.

3.4. The reward points (coins) collected will lapse three years after they have been credited at the end of the quarter, if the participant has not redeemed them against a reward (Content 4me).

3.5. If the participant withdraws from a reward they have applied for or from the contract for purchasing a product offering participation in the NOW! Programme, the associated reward points and status points will be deleted.

3.6. Participants can reach different status levels with the bonus status points they collect. These levels carry special status benefits, and at each status level the participant receives different status benefits. An overview can be found at ‘NOW! Rewards’ on the website indicated in 1.1.

4. Termination:

4.1. Participants may cancel their participation in the NOW! programme without giving a reason at any time, by the following means:

• By email at [email protected]
• By letter to: The Juice Plus+ Europe Company GmbH, Grosspeteranlage 29, CH-Basel 4052, Switzerland

4.2. Once notice of termination is received by Juice Plus+, all collected bonus reward points and bonus status points shall lapse and no new points will be collected. The fee pursuant to 2.2 will not be refunded either in whole or in part.

4.3. Juice Plus+ may terminate the programme by giving 12 months notice. During this termination period, participants may collect bonus reward points and bonus status points, and also redeem their coins. However, when the termination period ends, all remaining bonus reward points and bonus status points shall lapse.

4.4. Irrespective of the ordinary termination referred to, either contractual partner may give notice in writing of extraordinary termination for good cause (e.g., by email).

A good cause for termination exists, in particular, in the following cases:

• serious breach of the conditions of participation in the bonus programme on the part of the participant
• misuse or manipulation of the bonus programme
• false statements knowingly made by the participant.

4.5. In the case of extraordinary termination by one of the contractual partners, the bonus reward points and bonus status points shall lapse when notice of termination is received. The fee (2.2) shall in this instance only be refunded on a pro-rata basis if the participant establishes a serious breach of contract by Juice Plus+.

4.6. Should the customer cancel or return the order of the NOW! packet pursuant to section 8, participation in the NOW! Programme will be automatically deleted.

5. Changes to the conditions of participation:

5.1. Juice Plus+ may change and adjust these conditions of participation with future effect if there is a valid reason for the change and provided that the change is reasonable with regard to the interests of the participants and Juice Plus+.

5.2. In particular, a valid reason occurs if the change is necessary due to a significant disturbance in the equivalence relationship in the contract for Juice Plus+ that was unforeseeable when the contract was concluded, or for technical reasons, or due to legal or jurisprudence changes necessary for the continued execution of the contract.

5.3. Juice Plus+ will make the amended conditions available on this website at least one month prior to their planned entry into force.  The customer may state any objections to the amended conditions during this term. If no communication is received within this term from the customer, the amended conditions will be deemed to have been agreed.

6. General:

6.1. The place of jurisdiction shall be the consumer’s place of residence. The laws of the consumer’s place of residence apply.

6.2. The nullity or invalidity of individual provisions of these conditions of participation will not affect the validity of the remaining provisions.

6.3. Dispute resolution procedure before a consumer arbitration board is excluded.