Terms & Conditions
Any commercial transactions concluded between the private limited company “PRAXOL ENT.LTD”, and the customer with its domicile in the European Union, Switzerland or another non EU member state, as concluded via the webshop www.probulus.com, shall be governed by these general terms and conditions.
Probulus is the trading name of PRAXOL ENT.LTD, a company registered in England and Wales under company number HE350019 with its registered office at 69 High Street, London N146LD , Phone +44 ( 0) 207 993 5891 (hereinafter “Probulus”).
Probulus is a retail trader, specialised in food supplements based on natural ingredients (hereinafter the “products”) and aims to sell to consumers via its webshop.
By placing an order at Probulus.com you warrant that you are at least 18 years old, and that you have read and understood the ingredients and usage guidelines listed for the product(s) you are ordering, or have ordered from Probulus.
Probulus does not provide medical advice of any kind and you are responsible for taking independent medical advice about the products being purchased from Probulus.
With its order/purchase the customer acknowledges having taken cognisance of and accepted the general terms and conditions of Probulus.
These terms and conditions shall always have priority over any terms and conditions of the customer, even if these stipulate that they solely apply. These general terms and conditions do not affect the mandatory rights granted to the customer by virtue of the UK legislation in respect of consumer protection.
Any nullity of one or more stipulations of these terms and conditions shall leave the applicability of all other clauses intact. In the event of nullity of one of the stipulations, Probulus and the customer, as far as possible and in accordance with their loyalty and conviction, shall negotiate to replace the void stipulation with an equivalent stipulation that answers the general tenor of these general terms and conditions.
If Probulus refrains from demanding the strict application of one of the stipulations of these terms and conditions, this shall not be considered to be an automatic surrender of the rights that Probulus has by virtue of these terms and conditions and it shall not prevent Probulus from demanding strict compliance with those stipulations later.
Probulus reserves the right to adapt or change its general terms and conditions at any time. It is the responsibility of the customer to consult these terms and conditions regularly.
Catalogues, newsletters, memoranda, folders and advertising announcements shall not be considered to be binding offers of the described or depicted products. Probulus offers shall be completely without obligation and shall only be considered to be an invitation for purchase or placement of an order by the customer, unless expressly stated otherwise. An offer shall only be valid for the specific order to which it relates and shall therefore not automatically apply for subsequent similar orders. An offer shall only comprise those products that are expressly stated in it.
Conclusion of an online purchase:
The purchase shall only be concluded upon receipt by the customer of the confirmation mail from Probulus, even if this mail is received by the customer in the “spam” inbox of his email account. This confirmation mail shall only be sent by Probulus after correct payment of the order by the customer.
Any changes or additions after the conclusion shall only apply after written approval by both parties e.g. in respect of the products purchases or execution times.
Insofar as the right of withdrawal does not apply, Probulus reserves the right, in the event of (even a partial) cancellation of an order or purchase, to charge 10% of the price of the cancelled order, exclusive of VAT, as compensation, without prejudice to the right of Probulus to claim compensation of loss actually suffered, if it can prove this.
Probulus reserves the right to demand additional information about the customer and his activities, for reasons of security and surety, and, failing these, to refuse execution of the order. In addition, Probulus may refuse to execute orders that prove that the customer intends to resell the products.
In the event that Probulus, for objective reasons, considers itself incapable of executing the purchase/order, such as, without limitation, when products are not or no longer in stock, Probulus shall inform the customer of this within 7 calendar days after the conclusion of the agreement.
In that case, payments made already shall be repaid within 30 calendar days after the conclusion of the agreement.
Under no circumstances may compensation be demanded from Probulus in such case.
Probulus reserves the right to cancel a purchase/order if it is based on incorrect information from the customer entered in the system of the webshop or when Probulus suspects that the customer purchases a product from Probulus for reasons that cannot be considered objectively as reasonable and acceptable. In such case, Probulus will be entitled to claim compensation for the loss suffered as a result. At any rate, Probulus shall in the first instance approach the customer with a view to obtaining more information.
Right of withdrawal and Refund Policy
The customer has the right of withdrawal in respect of the products purchased via the webshop. The customer is entitled to cancel the agreement within a period of 30 calendar days without stating reasons. The term of withdrawal expires 30 calendar days after the day on which the customer or a third party designated by the customer, not being the conveyor, receives the physical possession of the good.
To exercise the right of withdrawal, the customer shall inform Probulus of his/her decision to cancel the agreement via an equivocal statement by fax, post or email.
The customer may also draft another clearly worded statement electronically and send it via our website http://www.probulus.com/contact.php.
If the customer uses this option, Probulus shall send the customer acknowledgement of receipt of his cancellation without delay on a sustainable data carrier (e.g. by email). To comply with the terms of withdrawal it shall suffice that the customer sends his statement in respect of the exercise of the right of withdrawal before the term of withdrawal has expired.
Customers may cancel orders or return unused bottles to us within 30 days of placing their order for a refund of the purchase price. We will not offer refunds for opened bottles of Probulus, or the delivery cost for orders placed, without delay and at any rate no later than 30 calendar days after Probulus was informed of the customer’s decision to cancel the agreement.
Probulus shall then repay the customer using the same means of payment used by the customer for the original transaction, unless the customer has expressly agreed otherwise or as paid cash on delivery, in this case Probulus shall then repay the customer using PayPal; at any rate, the customer shall not be charged costs for such repayments. Probulus will be entitled to postpone repayment until the products have been received by Probulus or until the customer has proven that he has returned the products, depending on which point of time is first. The customer shall return or hand the products to Probulus without delay, but at any rate no later than 30 calendar days after the day when he informed Probulus of his decision to cancel the agreement.
The customer shall have acted in due time if he returns the products before the term of 30 calendar days has expired. The direct costs of returning the products shall be borne by the customer, including any custom levies if the goods are returned from Switzerland or any other non-EU member state, which shall be withheld from the amount that Probulus must repay, unless agreed otherwise. The customer shall only be liable for the decrease in value of the products due to the use of the products that goes beyond what is necessary to determine the nature, characteristics and effect of the products.
Repayment of the delivery costs by Probulus shall always be pro rata. (For example: the customer buys 2 products and sends 1 back, cancelling the agreement. In that case, Probulus needs only repay 50% of the delivery costs.) However, when Probulus uses fixed delivery costs, upon partial cancellation Probulus will not be obliged to repay any delivery costs.
The returned product shall not have been used and shall be in the same condition as at the moment of delivery. Moreover, the product shall be returned in the original packing in which the product was sent, whether opened or not and including all appurtenances supplied with the product, whereas the customer will not be entitled to remove the “seal” or to open the “blister”, so that Probulus will be able to sell the good still to a third party even after cancellation.
All prices shall be expressed in the currency applicable in the country of delivery and shall be inclusive of VAT if applicable, but exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise. Any costs for delivery shall always be stated separately.
The products shall always be sold at the prices stated in the webshop at the moment of the online purchase.
Insofar as the prices are based on the then prevailing amount of the cost of wages, the cost of ingredients, social contributions and government charges, transport costs and insurance premiums, the cost of materials and parts, rates of exchange and/or other costs, in the event of a raise or reduction of one or more of these price factors, Probulus will be entitled to raise or reduce, respectively, its prices accordingly in accordance with the legally permissible norms.
The date of delivery stated shall always be an approximate date. Under no circumstance, except in the event of intention or gross neglect on the part of Probulus, shall excess of the term anticipated be reason for compensation of dissolution of the agreement at the expense of Probulus.
Changes in the order shall automatically cancel the terms of delivery stated. In no case shall Probulus be liable for delays occurred due to the default of suppliers, the customer and/or any other third party. Late delivery by Probulus shall not release the customer from his obligations. Probulus reserves the right to make partial deliveries in respect of any order whatsoever.
In the event of delivery of a good to Switzerland, Probulus does not undertake the customs inward clearance, and the customer shall be responsible for all inward clearance costs in that country.
The products shall be supplied at the delivery address specified by the customer or at the collection point chosen by the customer. The transfer of risk for damage, destruction and disappearance in respect of the products shall therefore pass on at the moment of effective delivery. In the absence of the customer upon delivery at the delivery address specified, the transport service shall leave a note at the delivery address stating that the customer may collect the order from the post office stated in the note.
If the customer rejects the order upon delivery or if it is not collected from the post office within the term stated in the note, the order shall be returned to the registered office of Probulus.
The costs of returning the goods as well as the costs connected with this (such as, without limitation, customs charges, taxes, VAT, storage costs) shall be borne by the customer.
Orders via the webshop may only be paid online by the customer via a special payment module provided on the website of Probulus.
For the processing of these online transactions, Probulus uses external professional and specialised partners who manage a payment platform. The financial data of the customer entered in the framework of online payment shall only be exchanged between the external partner and the financial institutions concerned. Probulus shall not have any access to the confidential data of the customer.
Online payments take place using secured protocols. To all online payments shall apply the general terms and conditions of the external manager of the payment platform, who is the sole person responsible for the correct execution of all online payments.
We use PCI-certified providers for online payments. We take the greatest care to ensure you information is secure. The most important protection, however, is your own password. Therefore, we urge you to never share your password with third parties and to avoid open access to your account.
Probulus complies with all applicable privacy laws and regulations and legal prescriptions. Your personal information will only be used to process orders and to improve our services. Information will never be shared with third parties without your express consent.
For more details, please refer to our Privacy Statement.
By ordering a product, the customer expressly agrees with the use of electronic invoicing by Probulus, except if agreed otherwise in writing between the parties.
The customer shall accept that Probulus states the full price in the order confirmation and that the package list – that will accompany the actual delivery of the product – does not state the price. If a customer nevertheless wishes to obtain an invoice, he shall inform Probulus of this beforehand and in writing, so that Probulus can provide this.
Visible/hidden defects and complaints:
Upon delivery of the product, the customer shall immediately carry out a first verification.
This obligation of immediate verification relates to, among other things: (a non-exhaustive summary) quantity and dimensions, conformity of the delivery, visible defects, correct location(s), etc. At the risk of forfeiture, the customer shall inform Probulus immediately, within 48 hours after delivery and at any rate before using the products, of verifiable variations in writing.
For customers the statutory guarantee shall apply for hidden defects of 2 years from the date of delivery of the products (delivery note).
Such guarantee may only be relied on insofar as the customer can prove that the defect existed already at the time of delivery. Any complaints based on hidden defects shall be reported by the customer to Probulus, at the risk of forfeiture, within two (2) months after discovery thereof via the contact form on the website, by fax, post or email. If no complaints are submitted within these terms, the customer shall be considered to have approved and accepted the delivery. At the risk of inadmissibility of the complaint, the customer shall have to prove that he has kept the products correctly both before and after discovery of the defects.
After finding any defect, the customer shall immediately discontinue the further use of the product concerned and furthermore take all reasonable measures to prevent (further) damage and to keep the products correctly, at the risk of inadmissibility of the complaint. The guarantee or indemnification for hidden defects shall in no case apply if the damage has been caused by incorrect usage or incorrect maintenance of the product.
In no case will the customer be entitled to return the products to Probulus pursuant to this clause without the prior agreement of the latter.
Probulus reserves the right to establish the defects on the spot together with the customer and look into the cause thereof. Probulus shall in no case be responsible for the loss of or damage to returned products until the moment they are accepted by Probulus in its warehouses.
Any claim of indemnification shall become ineffective upon processing, change or repair by the customer or by third parties or in the event of abnormal or extraordinary usage, burdening and/or wear and tear of the products or damage caused by force majeure.
No claim of indemnification by Probulus for hidden defects or non-conformity may be retained after expiry of the aforementioned terms.
In no case shall a complaint of the customer be based on failure to realise the effect of the products of Probulus (such as, without limitation: failure to achieve weight loss after consumption of Probulus products that state they stimulate weight loss).
The customer will be obliged to compensate the costs incurred because of unjustified complaints.
The guarantees that Probulus provides to the customer shall be limited, upon Probulus’s discretion and insight, to (complete or partial): (i) replacement (ii) acceptance of return of the products concerned, crediting the customer.
Disagreement with an invoice by the customer shall be submitted in writing by the customer within 7 days after invoice date.
With the exception of the indemnification by Probulus in accordance with the above guarantee stipulation, Probulus’s liability shall be limited to the invoice value (exclusive of VAT) of the products supplied by Probulus and shall at any rate be limited to the mandatory liability.
In no case will Probulus be obliged to compensate indirect damage (such as, without limitation, loss of income or damage to third parties).
Probulus shall not be liable either for defects that are caused directly or indirectly by an act of the customer or of a third party, irrespective of whether these are caused by an error or negligence.
Designation of products by the customer or by a third party shall be under the full responsibility and at the risk of the customer.
In such a case, Probulus shall in no way be held accountable for direct or indirect damage resulting from this designation.
In no case shall Probulus be liable for the consequences of use of the product that is not in accordance with the directions for use that are supplied together with the product or for unintended and/or undesired interaction as a result of simultaneous use of the product with other products and/or medicines. Consequently, the customer shall always use the products in accordance with the directions for use and, if applicable, take precautions that may result from the available scientific information concerned stated on the product.
The customer shall be solely responsible for the use of the product and, more particularly, in respect of the composition/ingredients, allowed quantity, combination with other products/medicines or any doctor’s advice received and, for this purpose, shall take the initiative for a prior check, whereas Probulus shall not be responsible in this respect in any way. In addition, the customer shall also be responsible to judge if he is allergic to any ingredient of which the products of Probulus are composed.
The effect of the product is also dependent on personal facts and circumstance as well as of the correct use adapted to the individual situation of the customer. The effect of the product will not be guaranteed by Probulus to a customer whose personal facts and circumstances it does not know.
Finally, the customer shall recognise that Probulus provides no guarantee that the products satisfy the regulations or demands applicable in any territorial jurisdiction, except the regulations or demands applicable in the UK as these apply at the moment of delivery of the product to the customer by Probulus, which is why Probulus cannot be held responsible for any later changes in legislation.
Probulus guarantees that its food supplements are the subject of GMP certification and compliant with MHRA regulations.
Promotional extras from Probulus, in whatever form (such as, without limitation, price reductions, discount vouchers, free shipment, etc.) shall always be used in accordance with the directives as expressly stipulated. At any rate, these may only relate to one order, cannot be accumulated and are person-specific.
If the customer uses the right of withdrawal for products that were part of a promotion campaign, Probulus reserves the right to recalculate the price of the products that were not part of the cancellation.
For example: promotion campaign entailing that in case of purchase of product A, product B can be purchased for half the price. The customer cancels product A. This means that the promotion conditions are no longer fulfilled and the full price will have to be paid for product B.
In that case, Probulus shall repay the money paid, in accordance with clause 4, deducting the additional part that must still be paid for product B.
Promotional offers are valid until the date indicated or otherwise until one month from the date of publication.
Discounts cannot be used in conjunction with other promotional offers.
If, because of force majeure, Probulus cannot possibly execute its obligations or the execution thereof is made more difficult to an unreasonable extent, it will be entitled to suspend the execution thereof fully/partially and for the time being for the duration of this force majeure or definitely without being obliged to cancel the order beforehand or to pay any compensation.
Conventionally, cases of force majeure shall be: war, blockade, insurrection, industrial action or lock-out, seizure, shortage of means of transport, general shortage of raw materials or products, limitations in respect of energy consumption, either at Probulus, or at one of its suppliers. In the event of hardship, Probulus aims to renegotiate the terms of the agreement.
If no agreement can be reached between the parties, Probulus reserves the right to suspend the execution of the agreement entirely or partially for the duration of the hardship.
Intellectual property rights:
Probulus guarantees that it has the necessary licences for offering its range of products.
However, Probulus shall retain all copyrights or the rights granted to it of the product description, texts, designs, drawings, models, samples, photographs and products drawn up by it, so that the customer shall not copy or use e.g. the products for other purposes than for which they are intended without prior written permission from Probulus.
The customer shall permit Probulus to enter the personal data provided by the customer in an automated database. Probulus shall act in this respect in accordance with the laws of England and Wales.
These data will be used with a view to conducting information and promotion campaigns in connection with the activities and/or products offered by Probulus in the framework of the contractual relationship between Probulus and the customer.
The customer may always request his personal data and correct them. If the customer no longer wishes to receive commercial information from Probulus, the customer shall inform Probulus accordingly. Costs for changes to the customer’s original data, at his request, shall always be charged.
The customer shall permit Probulus to use visual material of the products supplied to the customer for: (non-exhaustive summary) general information, publicity purposes, publication on the website of Probulus, publication in folders, etc.
Choice of law and competent courts:
Laws of England and Wales shall apply.
Disputes shall fall under the exclusive competence of the courts of the district where Probulus has its registered office, unless Probulus expressly states otherwise.