Allgemeine Geschäftsbedingungen

Thank you for visiting Pureclinica LLC and for reviewing these terms of use and conditions of sale. We employ these terms of use and conditions of sale to inform you about the rights and responsibilities both you and Pureclinica LLC and Pureclinica LTD have when you visit and utilize the website www.pureclinica.com or any of it's subdomains, and purchase products from Pureclinica LLC or Pureclinica LTD.

1. This is a Contract

These terms of use and conditions of sale, referred to as the “Terms of Use” or “Terms,” along with our Privacy Policy and Shipping & Returns Policy, constitute a legally enforceable agreement (“Agreement”) between you and Pureclinica LLC, including its affiliated companies. This Agreement governs your access and use of the Pureclinica websites and the products and services provided by Pureclinica LLC, any orders you place through the websites, by telephone, or other accepted method of purchase, and, as applicable, your use or attempted use of the products or services offered on or available through the website. By visiting the website and/or purchasing something from us, you agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 19 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://www.pureclinica.com/pages/terms-conditions). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

2. Website Use

By using the website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the website, you affirm that you have the legal capacity to enter into a binding contract with us and have read this Agreement, understand, and agree to its terms.

3. General Conditions and Restrictions

All aspects of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the website or any material on it.

You agree not to use or attempt to use the website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the website, including but not limited to: (1) hacking and other digital or physical attacks on the website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

4. Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the website and online store is governed by our Privacy Policy. To view our Privacy Policy, please visit Privacy Policy. We reserve the right to modify our Privacy Policy from time to time. Our Privacy Policy is incorporated into this Agreement by reference.

5. Accuracy, Completeness, and Timeliness of Information

While we strive to provide accurate and current information on our website, there may be information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

The material on the website is provided as general information only. This website may contain certain historical information. Historical information is not current and is provided for your reference only. The statements made on this website have not been evaluated by the Food and Drug Administration. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

6. Modifications to Website and Prices

We reserve the right at any time to modify or discontinue access to the website (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of access to the website.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this website is void where prohibited.

We reserve the right to discontinue or change – at any time, without prior notice and without incurring any liability to you – product formulations, as well as product specifications, the content, and messaging related to any product on the website. We take reasonable precautions to keep the website accurate and current. However, we do not guarantee that product descriptions are accurate, complete, reliable, current, or error-free, or that the product packaging, specification, and formulation of the product you received will correspond to the information on the website. Please see our Returns Policy for further information.

7. Order Placement and Acceptance

When you place an order for a product, we require receipt of payment before your order can be accepted. If any necessary information is missing or inaccurate, we may request additional details and reserve the right to cancel or limit an order at any time after it has been placed.

Upon receiving your authorized order and verifying the payment, we will promptly proceed to prepare your order for shipment or delivery. Please note that all items are subject to availability. If any item becomes unavailable, we will notify you of the situation along with the expected availability date. In such cases, we may offer you an alternative product. Should you prefer not to substitute the product, upon your request, we will cancel the order. If payment has already been processed, your credit card will be fully refunded for that specific order.

Orders from dealers, wholesalers, or customers intending to resell are not accepted. Any inquiries from dealers, wholesalers, or resellers should be directed to sales@pureclinica.com.

7.1 Resale of Pureclinica Products.

Prohibition: The act of reselling Pureclinica products without the express written authorization and a duly executed notarized contract is strictly prohibited.

Platforms: This prohibition encompasses any individual or entity engaging in the resale of Pureclinica products through proprietary websites or via third-party platforms, including but not limited to Amazon or eBay.

Penalty: Any breach of this agreement shall incur a penalty of $10,000 or an amount equivalent to 10 times the revenue derived from the unauthorized resale, whichever sum is greater.

8. Shipping

Unless otherwise indicated on the website at the time of purchase, applicable shipping and handling fees will be added to your order. Once your order is ready for shipment, you will receive an email containing a tracking number. While we may provide estimated delivery or shipment timeframes, please note that these are good-faith estimates and may be subject to change. Pureclinica LLC shall not be held liable for any loss, damage, cost, or expense resulting from delays in shipment or delivery caused by third-party carriers or other delivery services not owned or controlled by us. The risk of loss and title for such items transfer to you upon delivery to any third-party carrier. We reserve the right to reject any orders including those with delivery addresses outside the European Union, United Kingdom, or North America.

9. Returns

Products may only be returned under specific circumstances and in accordance with the Shipping & Returns Policy. If you are unsure about your eligibility to return a product, please contact our customer support team at https://pureclinica.com/pages/contact-us.

10. Subscription and Cancellation

When visiting the website, you may choose to purchase a product one time or opt for our Subscription plan. In the Subscription plan, your payment card is automatically charged at intervals chosen by you to replenish your supply until canceled. You have the flexibility to determine the replenishment frequency, whether every 30, 60, 90 or 180 days, and your payment card is billed accordingly before each shipment until cancellation.

IF YOU ARE ENROLLED IN THE SUBSCRIPTION PLAN AND HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT TO THE PAYMENT METHOD YOU PROVIDED. YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME BY EMAILING SALES@PURECLINICA.COM.

In the event of a failed payment with a credit card, we reserve the right to attempt reprocessing the payment periodically for up to 30 days after the initial failed transaction. You agree that we may contact you via any provided phone number or email address for alternate payment information. Failure to pay for received products or services may result in collection procedures, for which you will be liable for all associated costs, including legal fees and expenses, as detailed in Section 20.4 below.

11. DMCA Notice

This website maintains specific contact information for notifications of claimed infringement regarding materials posted on this website. All notices should be addressed to our designated contact person (our agent for notice of claimed infringement).

Pureclinica Ltd
Suite LP4457
20-22 Wenlock Road
London
N1 7GU
United Kingdom

Email address: sales@pureclinica.com

If you believe that material posted on our website infringes on your copyright, you can contact our designated agent for notice of claimed infringement provided above, and we will investigate your complaint. If we, in good faith, determine that the posted material violates applicable law, we will take action to remove or disable access to it, and we will inform the party responsible for the post about its removal or blocking.

When notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work being infringed; (ii) description of the infringing material and details enabling us to locate it; (iii) your contact information, including address, telephone number, and/or email address; (iv) a statement by you asserting that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf. Failure to provide all the above-listed information may result in delays in processing your complaint.


12. Social Media

This section pertains to interactions with our social media presence, including comment sections, feeds, and other elements viewable on various external third-party social media platforms we utilize (“Social Media Presence”).

Please note that social media platforms are public spaces for information exchange, and users should not expect privacy. Our Terms and Privacy Policy do not apply to our External Social Media Presence. These third-party platforms have their own privacy policies and terms of use. Comments expressed by users on social media platforms are their own opinions and do not necessarily reflect those of Pureclinica LLC. Inappropriate or offensive comments may appear on our Social Media Presence until identified by us or brought to our attention for removal. If you encounter offensive or inappropriate content on our Social Media Presence, please report it to the platform operator using their established procedures.

13. Submitted Materials; User-Generated Content

Any information, ideas, suggestions, or other materials voluntarily submitted by you or at our request, such as questions sent via the website or user-generated content on our Social Media Presence (collectively, “Submitted Materials”), may be used by us in any lawful manner, with personal information portions used as described in our Privacy Policy. By providing Submitted Materials, you represent that you own or have necessary rights to do so and that the materials comply with applicable laws. You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use such materials in any form or media. We are not responsible for maintaining any Submitted Materials provided to us; therefore, it is advisable to keep copies of such data in your own records.

14. Testimonials, Reviews, and Other Submissions

Pureclinica LLC values feedback from customers and may use testimonials and product reviews, in whole or in part, in various media alongside the name, city, and state of the contributor. By submitting testimonials, reviews, or other content, you consent to our use, publication, and distribution of such materials. You agree not to hold us liable for any claims arising from our use of your submissions. We reserve the right to edit or remove inappropriate or offensive language from testimonials. Please note that individual experiences shared in testimonials may not be representative of all users, and results may vary. Testimonials are not clinically proven or evaluated.

15. Third-Party Websites and Content

Our website may feature content from third parties or links to third-party websites. Pureclinica LLC is not responsible for any third-party materials or websites. Before engaging in any transactions, carefully review the policies and practices of third parties to ensure understanding. Any concerns, complaints, claims, or questions regarding third-party products should be directed to the respective third party.

15.1 Klarna and Paypal

To offer Klarna’s and Paypal's payment options, we may share certain aspects of your personal information with Klarna or Paypal, such as contact and order details, to assess eligibility for their payment options and customize them for you. General information about Klarna can be found here. Your personal data is handled in accordance with applicable data protection laws and Klarna’s or Paypal's privacy policy.

16. No Medical Diagnosis or Treatment

Pureclinica LLC aims to enhance lifestyle through supplements. However, our products and website statements have not been evaluated by medical professionals or the Food & Drug Administration. They are not intended to diagnose, treat, cure, or prevent any health issues. Information on the website or in communications serves informational purposes only and should not substitute informed medical advice or care. Cease using our products if any adverse effects occur. We do not guarantee error-free product information. Product specifications and performance data are illustrative, not guarantees. Results may vary.

17. Disclaimer of Warranties

The website and offered materials and products are provided “as is” and “as available” without warranties, whether express, implied, or statutory. Pureclinica LLC, its affiliates, officers, directors, employees, agents, members, managers, shareholders, and representatives (“Pureclinica Parties”) disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Your sole remedy for dissatisfaction is discontinuing website or product use.

We do not guarantee uninterrupted, timely, secure, or error-free website use. We may remove the website or any product without notice. Your use of the website is at your sole risk.

18. Limitation of Liabilities

Pureclinica LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors are not liable for any damages, whether direct, indirect, incidental, punitive, special, or consequential, arising from website or product use. If liable, Pureclinica LLC’s maximum liability is either $500.00 USD or the total paid to Pureclinica LLC in the preceding month. Some states do not allow certain warranty exclusions, so some exclusions may not apply.

19. Disputes

You agree to resolve any future claims through final, confidential arbitration, waiving the right to a jury trial. Arbitration agreements, under the Federal Arbitration Act, govern these terms. Claims must be brought in your individual capacity, not as a plaintiff or class member in any class action. The arbitrator may award damages and relief as a court would. All disputes relating to this agreement or website use are subject to confidential arbitration under AAA rules.

20. Required Pre-Dispute Procedures.

We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by email to sales@pureclinica.com. Pureclinica LLC will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Pureclinica LLC or its designated representative(s) in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York, New York to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “20.8” below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

20.1 Commencing Arbitration.

You and Pureclinica LLC agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

20.2 Arbitration Location.

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in New York, New York unless Pureclinica LLC otherwise agrees to arbitrate in another forum requested by you.

20.3 Organization, Rules, and the Arbitrator.

We each agree that any and all claims other than those exempted under subsection “20.8” below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “20.1” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Returns Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Pureclinica LLC.

20.4 Fees.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

20.5 Governing Law and Award.

The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

20.6 Enforceability.

This provision survives termination of your account or relationship with Pureclinica LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

20.7 Miscellaneous.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Pureclinica LLC and shall not be modified except in writing by Pureclinica LLC.

20.8 Exceptions.

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Pureclinica LLC both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Pureclinica LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York, New York: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Pureclinica LLC for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “20.8(i)” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “20.8(i),” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, and forever waive any challenge to said courts’ jurisdiction and venue.

20.9 Amendments.

Pureclinica LLC reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of a Pureclinica LLC product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Pureclinica LLC will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of a Pureclinica LLC product or service, is affirmation of your consent to such material changes.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT CONTACT@PURECLINICA.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

21. Electronic Communications.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

22. Indemnification.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Pureclinica LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

23. Severability.

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

24. Term and termination.

In the event that we terminate this Agreement for your material breach, Sections 16-19, Sections 21-22, and Section 24, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Pureclinica LLC.

25. Entire Agreement.

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Pureclinica LLC, and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

26. Our contact details :
The full name of our company is Pureclinica and our address is

Pureclinica LLC
2711 Centerville Road
Suite 120
Wilminton
DE 19808
USA

Our mailiing address within the UK and the EU is

Pureclinica
Suite LP4457
20-22 Wenlock Road
London
N1 7GU
United Kingdom

You can contact us by email at: sales@pureclinica.com

27. Sales Tax :

We are a VAT registered company within the UK and are obliged to collect value added tax on all sales within the UK and the EU. Prices shown are inclusive of VAT. Our VAT registration number is: 870583896