1.1. These terms and conditions establish the contractual relationship between the User(s) and Salesport Limited, the operator of allbeactive.com. Upon acceptance of these terms and conditions, the User enters into a legally binding agreement with the Company. By accepting, the User confirms that they possess the legal capacity to act according to their country's laws.
1.2. This agreement serves as a general contract accompanying each individual purchase and sale agreement for specific goods and/or services ordered by the User. The individual agreements will be considered completed upon the Company's delivery of the goods/services and the User's corresponding payment. The transaction will be documented with an invoice or receipt.
2.1. By accepting this agreement, the User agrees that the Entity will provide products (physical and/or digital) and/or services available on allbeactive.com. The User is obligated to pay the specified price for each product or service offered on the Website.
2.2. The User has the option to purchase individual products or join the loyalty or membership program. Participation in the membership program allows the User to make recurring credit top-ups, offering more advantageous conditions, as detailed below.
2.3. The Website retains the discretion to determine the range of available goods and services, as well as the existing stock for each product. Additionally, it reserves the right to modify the availability of products and services as it deems appropriate.
2.4. The prices of products on the Website may vary for member and non-member users, and they are subject to market fluctuations and the offers provided by third-party suppliers.
3.1. The membership or loyalty program on the Website enables users to participate in a recurring purchase program, earning credits that can later be exchanged for goods and/or services offered at reduced prices on the Website.
3.2. Users who join the membership program commit to purchasing the corresponding amount of credits or bonuses every 14 days, based on the chosen membership plan available on the Website or in other marketing offers at the time.
3.3. Membership can be obtained by following the procedures outlined on the Website or by purchasing any product at the membership price and accepting the associated conditions.
3.4. Users have the flexibility to change their membership plan to a lower or higher one at any time from their personal account. The change will take effect from the next automatic payment charge. If the full price of the chosen membership plan is not paid on the due date, the User will be automatically downgraded to the immediate lower membership plan and will have access to the basic membership plan with a recharge cost of €6.95.
3.5. Upon acquiring credits, one credit is obtained for each euro recharged (or the equivalent in the applicable currency converted to euros). The obtained credits will be visible in the User's personal account on the Website and remain valid for 30 days from their acquisition, after which they will expire and cannot be used to exchange for products offered on the Website.
3.6. Each automatic top-up of credits triggers a confirmation notification of the payment for the User.
3.7. Users have the option to skip the following automatic recharge of credits for their membership plan by selecting this option in their personal account before the next scheduled recharge.
3.8. To cancel the membership plan, the User must communicate their decision with 14 days notice either via the "Cancel" function in their personal account or by contacting the customer service team. The membership will be effectively and definitively cancelled 14 days after this communication. Alternatively, the User can choose to cancel their plan immediately without waiting for the 14 days notice by completing a payment termination charge of 6.95€, accessing their personal account or contacting our customer service.
3.9. After cancelling the membership, any associated benefits will cease immediately, and credits will be valid until the last credits purchased expires.
3.10. Introductory periods for various membership plans are offered on the Website. If the User decides not to continue with the membership plan after the introductory period, they must cancel it before the introductory period ends to avoid future credit reloads based on the selected plan.
3.11. The Website may provide welcome gifts in the form of free or reduced-price redeemable credits. The applicable prices and plans will be displayed on the Website and in any marketing offers. These credits are subject to expiration according to the membership plan and the specified introductory period. If the introductory period of the membership is terminated, any free credits provided will also be cancelled.
3.12. Member users may receive promotional offers from the Company, which may include discounts on the first shipment of products.
3.13. The Company conducts promotional and marketing activities through third-party companies, which may offer specific and different conditions compared to those specified in the terms and conditions on the Website.
4.1. The prices of products or services listed on the Website or in marketing offers are applicable at the time of order confirmation or subscription to the service. The User is advised that prices may vary slightly due to currency exchange rates, and the Company will not be responsible for such fluctuations.
4.2. The Company reserves the right to change the prices of the products or services offered at any time. If the User is subscribed to a membership plan, they will receive sufficient advance notice of any price changes, and they have the option to cancel their membership before the new prices take effect.
4.3. Product prices may vary depending on whether the User participates in the membership program or not. Generally, member users will benefit from considerably lower prices compared to non-member users.
4.4. The prices displayed on the Website do not include the cost of the transport service required to deliver the User's order, which will be specified during the order process.
4.5. The prices shown for the products include Value Added Tax (VAT) or equivalent indirect taxes applicable in the country of consumption, if applicable. The specific VAT rate applied to each product will depend on the type of product and the VAT rate applicable in the country where the product or service is consumed.
4.6. For orders of products to be delivered to non-EU countries, the User may be subject to import duties and taxes, which may be charged upon the package's arrival at the destination. Any additional charges related to customs clearance will be the responsibility of the User. The Website has no control over these charges as they are determined by each country's import policies. It is the User's responsibility to comply with the import regulations in their country.
4.7. The User agrees to receive invoices (and receipts, if applicable) for their purchases of products and services electronically.
5.1. The User has the right to exercise their right of withdrawal and return purchased products within 14 calendar days from the physical reception of the goods unless specified otherwise in this agreement. To initiate a return, the User may contact the Company's customer service email.
5.2. The Company retains the right to refuse partial or total refunds for returned goods if the product has been damaged by the User or if it is a product that cannot be returned due to hygienic reasons or health protection, especially if it has been unsealed.
5.3. Returns of goods will be processed by the Company within 14 days from the date of receipt and inspection of the goods at the Company's facilities or from the date of communication by the customer, if a physical return of the product is not required.
5.4. Refunds will be issued through the same payment method used by the User for the original purchase. The Company may offer more flexibility in its return policy depending on the specific circumstances of the case. If the User has used credits as part of their payment, the refunded amount will also include credits.
5.5. The User must provide all necessary information and documents to complete customs formalities when returning products.
5.6. In case of defects, damages, or missing items in the received product, the User must inform the Company promptly.
5.7. To validate a claim, the User must provide a photograph of the wrongly received product or, if applicable, a photograph showing visible damages or defects.
5.8. If a defect is not immediately apparent, the User must notify the Company as soon as they reasonably can and cooperate fully with any investigation into the suspected defect or damage.
5.9. The User is not allowed to return the product for a refund upon delivery or through a parcel office. The cost of returning products will be borne by the User unless they are a member of the membership program, in which case the Company will cover the return shipping costs. Returned products must be labelled "claim" unless the return is due to a withdrawal without cause, in which case they must be labelled "return."
5.10. Amounts paid for credits are non-refundable, even if the User does not use them during their validity period, except in cases where the purchase was processed due to an error by the Company and not consented to by the User.
5.11. Returning a partially paid product with credits will result in the return of the used credits and, if applicable, a refund of the remaining amount paid through another payment method, which will be refunded to the same means of payment. If credits are refunded, the User will have another 30-day validity period to use them.
5.12. Digital products like licence keys and e-books are non-refundable once the software is activated or downloaded. The User acknowledges that they lose their right to withdraw from the agreement once they can use the digital product, except in the case of defects.
6.1. The Website specifies the delivery time for each product, typically ranging from 2 to 7 working days, unless otherwise explicitly mentioned. In any case, the maximum delivery period is set to 30 calendar days from the date of placing the order.
6.2. Professional carriers, contracted for this purpose, will handle the shipment of products and deliver them to the address provided by the User during the ordering process.
6.3. If a product is not delivered within the agreed-upon period, it is the responsibility of the User to inform the Company about the delay.
6.4. The Company reserves the right to subcontract third-party suppliers for product distribution or service provision, which may include transport services.
6.5. Should the User fail to accept the delivered product, they will be responsible for any associated expenses and will assume the risk of loss or accidental damage to the product.
6.6. The User bears the risks associated with the product from the moment of delivery.
6.7. The ownership of the products will be transferred to the User either upon the receipt of full payment, including shipping costs, or upon the moment of delivery, depending on whichever occurs at a later time.
7.1. The Website offers various digital products, such as licence keys and e-books, that do not involve the delivery of physical goods.
7.2. For products labelled as "licence keys" or "activation keys," each user account is limited to purchasing one unless explicitly stated otherwise.
7.3. Upon purchasing certain digital products, the User will receive instructions in the order confirmation email, sent to the email address registered in their account. If the User does not receive the activation instructions, they can contact customer services for assistance.
7.4. Once activated via the provided licence key, digital products can be used immediately. They can be accessed through direct download from the Website or by receiving the digital product via email. Due to the nature of digital products, returns and refunds are not allowed.
7.5. If the User encounters any issues with receiving the digital product due to problems related to their email provider or mail server, they can seek assistance by contacting our customer support department.
7.6. allbeactive.com reserves the right to cancel digital products orders in case any activity that is considered abusive, fraudulent, or in violation of the terms and conditions is detected.
8.2. Users have the right to exercise their data protection rights as per the existing regulations in their country of residence. Users residing in member states of the European Union, in particular, have the right to access, rectify, delete, object to, restrict processing, and request data portability under the terms and conditions stipulated by the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and its implementing regulations.
8.3. To verify the identity of the User and ensure the security of their personal data, the Company may request the User to provide proof of identity when exercising their data protection rights.
9.1. The User acknowledges that the Company reserves the right to temporarily suspend their user account and/or cancel orders if it detects any activity that it deems fraudulent or abusive.
9.2. In cases where transactions are suspected of being abusive or fraudulent, the amounts involved will be refunded to the original means of payment used by the User.
9.3. If the User suspects any fraudulent or abusive activity in their account, they can contact the customer service of the Website. The Company will investigate the case and make an effort to resolve the situation.
9.4. To ensure fair usage, the Website limits the creation of user accounts to one per person and two per IP address. Any attempt to establish multiple accounts beyond this limit will be closely monitored. Repeated violation of this policy will result in the termination of all associated user accounts.
10.1. The Company reserves the right to modify these terms and conditions, as well as any existing policies on the Website, at any time. The User will be bound by the terms and conditions, policies, or sales conditions that were in effect at the time they placed their order, unless changes are required due to applicable legal provisions or at the request of public authorities.
10.2. If any condition, term, or policy is deemed invalid, void, or ineffective for any reason, that specific provision will be excluded without affecting the validity or enforceability of the remaining conditions.
11.1. The Entity retains the right to assign its rights and obligations arising from the contractual relationship with the User to a natural or legal person it deems appropriate. In such cases, the assignee assumes all the rights and obligations derived from the agreement, and the Entity is obliged to inform the User about this transfer.
11.2. The User is not allowed to transfer or assign the agreement or any of its rights or obligations derived from it without obtaining the prior written consent of the Company.
12.1. These terms and conditions are governed and interpreted in accordance with the laws corresponding to the registered address of the Entity. The Judges and Courts at the Entity's registered address will have the authority to resolve any conflicts related to the application or interpretation of these terms and conditions.
12.2. If the User is a consumer and resides in one of the Member States of the European Union, they may also choose to apply the jurisdiction of their country of residence and any mandatory provisions of their country's legislation.
13.1. In the event of any dispute concerning compliance with these terms and conditions, both parties agree to attempt to reach an amicable agreement in good faith before resorting to any other means of dispute resolution.
14.1. By accepting our Terms and Conditions, the User agrees to receive automatic notifications by SMS and/or email, pertaining to their orders, personal preferences, and other activities related to the services provided by the Website.
14.2. The User has the option to unsubscribe from optional notifications at any time. They can do this by logging in to their user account on the Website, accessing the "My Account" section, and managing their notification preferences. Alternatively, they can contact customer service to request the cessation of such notifications.
14.3. The Company will not be held responsible for any failed, delayed, or erroneous delivery of the service provision if such issues arise due to the User providing incorrect or outdated information. It is the User's responsibility to ensure that their contact details and information are accurate and up-to-date.
14.4. For any queries, concerns, or communications with the Company, the User can contact them using the following contact details: Customer service and incidents: [email protected]
Lackenagh, Burtonport F94 K209 Co Donegal Ireland
Date of update: Aug 09, 2023