Nayalor Nutrition online shop — www.nayalor.com
1.Identification and contact details
The website www.nayalor.com, which provides access to the Nayalor Nutrition online shop, is operated by NAYALOR LDA, legal person (NIPC) No. 519 318 188, with registered office at Zona Industrial de Vagos, Lote 87, 3840-385 Vagos, Portugal.
Customer support email: nayalor.nutrition@nayalor.com
Support hours: working days, from 09:00 to 18:00 (mainland Portugal time)
Nayalor sells exclusively through its online shop.
2.Purpose, scope and acceptance
These Terms and Conditions govern the use of the website and the purchase of gummy food supplements and other products sold by Nayalor.
Geographical restrictions and the available payment methods are clearly presented before the order is completed.
The website can be viewed in Portuguese, English, French and Spanish. For sales intended for Portugal, the Portuguese version is the reference version, without prejudice to the consumer’s mandatory rights.
By placing an order, the customer declares that they have read and accepted these Terms and Conditions.
Only persons aged 18 or over who have the capacity to enter into contracts may make purchases.
3.Use of the website
The website is intended for consulting information about Nayalor and its products, creating and managing a customer account and making purchases for personal purposes. Commercial use of the website’s content or features requires Nayalor’s prior written authorisation.
The user undertakes not to:
use the website for unlawful or fraudulent purposes or for purposes that infringe the rights of third parties;
attempt to gain unauthorised access to the website, to other users’ accounts, to the servers or to the associated systems;
introduce viruses, malicious code or other elements likely to damage, disrupt or compromise the security of the website;
systematically collect, extract, reproduce or reuse content, product data or databases without authorisation, except where permitted by law;
interfere with the operation of the website or use automated tools in a way that places a disproportionate load on the systems.
Nayalor may temporarily limit or suspend access to the website where this is necessary for maintenance, security, fraud prevention or the protection of users. Whenever possible, it will seek to reduce the duration and impact of such interruptions. Suspension of the website does not affect orders already accepted or the consumer’s legal rights.
4.Products and responsible use
The age of use, recommended daily dose, ingredients, allergens, warnings and other applicable conditions vary from product to product and are set out on the respective product page and on the label. The existence of a product intended for children aged 3 and over does not mean that the other products are suitable for that age group. Products intended for minors must be given by a responsible adult and in accordance with the labelling.
Do not exceed the recommended daily dose.
Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle.
Keep out of the reach of children, except when using a product specifically intended for their age and under adult supervision.
In case of pregnancy, breastfeeding, illness, use of medication or any doubt about the suitability of the product, seek advice from a healthcare professional.
The products are not intended to diagnose, prevent, treat or cure any disease. The customer must always follow the specific information on the product page and on the label.
Nayalor seeks to ensure that descriptions, images and information are accurate. There may be non-substantial differences in colour, texture or presentation resulting from the equipment used, packaging updates, naturally sourced ingredients or different batches, without any change to the declared composition or to the essential characteristics of the product.
Products must be stored under the conditions indicated on the label, in particular with regard to temperature, humidity, light and expiry date. In case of discrepancy, the instructions and warnings on the label of the product received prevail.
5.Prices, promotions and availability
Prices are shown in euros and include VAT at the applicable statutory rate, unless expressly stated otherwise. Delivery costs and other applicable charges are shown before the customer confirms the order.
Promotions are subject to the conditions and period indicated. Unless stated otherwise, they cannot be combined. Adding a product to the cart does not constitute a stock reservation.
Where a promotion includes a free gift linked to the purchase, the campaign conditions will state its value and the applicable requirements. If the purchase is returned, the gift must be returned intact where this has been clearly communicated; if it is not returned, the previously stated value may be deducted from the refund, to the extent permitted by law. Where a set is sold as a single, indivisible product, the return must include all of its components, without prejudice to legal rights in the event of a lack of conformity.
If an obvious error in price or information is detected before dispatch, Nayalor will contact the customer to confirm the order on the correct terms or will cancel the order and refund all amounts paid in full.
6.Ordering process and conclusion of the contract
The customer selects the products, the quantities and, where applicable, the one-time purchase or subscription option.
Before paying, the customer can review and correct the order details, the address, the shipping costs and the payment method.
By selecting the confirmation button that entails an obligation to pay, the customer submits a binding order.
Nayalor sends an automatic acknowledgement of receipt. This message confirms technical receipt, but acceptance depends on validation of the payment, of stock availability and of the essential details.
The contract is deemed concluded when Nayalor sends confirmation of acceptance or of dispatch of the order.
The order and the contractual confirmation are kept for the period necessary to perform the contract and to comply with legal obligations. The customer receives the confirmation on a durable medium, by email, and can consult their order history in the customer area, when that feature is available. The customer should keep the confirmation and may ask Nayalor for a copy of the conditions applicable to their order.
7.Payments
The payment methods actually available are those shown at checkout and may include MB WAY, Multibanco reference (Portuguese bank reference, payable at any ATM or in home banking), Visa and Mastercard cards, Apple Pay, Google Pay, PayPal, bank transfer or other methods that may be made available.
Nayalor does not receive the customer’s full card details or payment credentials.
The order will only be processed once payment has been confirmed. For payment methods subject to a time limit, failure to pay within the period shown at checkout may result in the automatic cancellation of the order.
8.Subscriptions and renewals
Eligible products may be purchased by subscription. The frequency, the price per period, any discount, the delivery costs and the estimated date of the next charge are shown before the customer subscribes.
The subscription renews automatically until it is cancelled and has no minimum commitment period, unless expressly stated and accepted by the customer.
Nayalor sends a notice by email before each renewal.
The customer can cancel the subscription at any time through their customer area. Cancellation takes effect before the next renewal, provided the charge has not yet been processed.
If cancellation takes place after a charge or order has already been processed, it applies to subsequent renewals, without prejudice to the right of withdrawal legally applicable to the order in question.
The customer can pause the subscription or change products, quantities, address and payment method through the options available in the customer area, provided the next order is not yet being processed.
Where the chosen payment method does not allow automatic debit, a payment request may be sent; the renewal is then subject to payment within the stated time limit.
Any price change will be communicated before the renewal affected. The customer may cancel the subscription before the change takes effect.
9.Deliveries
The costs, the shipping method and the estimated delivery date or time window are calculated on the basis of the destination and shown at checkout before payment. Unless another time limit has been agreed, the order will be fulfilled without undue delay and, at the latest, within the legal time limit of 30 days.
After dispatch, the customer will receive tracking information when this is provided by the carrier. The time frames shown are estimates and may be affected by external circumstances, without prejudice to the consumer’s legal rights.
The customer must provide a complete and correct address and ensure that the delivery can be received. Additional costs caused by an incorrect address, repeated absence or failure to collect that are attributable to the customer may be charged, provided they have been communicated in advance and are duly justified.
If the order is returned to Nayalor because it was not received, was not collected or because of an incorrect address attributable to the customer, Nayalor will contact the customer. A new dispatch may be subject to payment of the actual reshipping costs, communicated in advance. If the customer chooses to cancel, the refund due will be made, and only the costs actually incurred and legally permissible may be deducted.
10.Receipt of the order
The customer should check the external condition of the packaging at the time of delivery. Visible damage and missing or incorrect items should be reported as soon as possible to nayalor.nutrition@nayalor.com, preferably with photographs. Failure to report immediately does not remove the legal rights relating to lack of conformity.
11.Right of withdrawal and returns
The consumer may freely withdraw from the contract within 14 calendar days from the day on which they, or a third party indicated by them other than the carrier, acquire physical possession of the goods. For contracts for the regular delivery of goods, the period runs from receipt of the first item.
To exercise this right, the consumer must send an unequivocal statement or the form included at the end of these Terms to nayalor.nutrition@nayalor.com or to NAYALOR LDA, Zona Industrial de Vagos, Lote 87, 3840-385 Vagos, Portugal.
The products must be returned without undue delay and no later than 14 days after the withdrawal has been notified. The consumer bears the direct costs of the return when the reason is simply a change of mind. Nayalor bears those costs where there has been an error on its part, damage attributable to transport or a lack of conformity.
For reasons of health protection and hygiene, the right of withdrawal does not apply to sealed products where the tamper-evident seal has been opened after delivery and the product is therefore no longer suitable for return. Products with the seal intact may be returned within the legal time limit, provided they have not been used or damaged.
Nayalor refunds the payments received, including the cost of the least expensive standard delivery option offered, using the same payment method, unless otherwise agreed. The refund may be withheld until the goods have been received or until the consumer has provided proof that they have been sent back. The consumer is only liable for any diminished value resulting from handling beyond what is necessary to establish the nature and characteristics of the goods.
Nayalor does not offer direct exchanges. When a return is accepted, the applicable refund will be made and the customer may place a new order.
12.Lack of conformity and legal guarantee
The goods benefit from the legal guarantee of conformity provided for in Decree-Law No. 84/2021 of 18 October (consumer rights in the sale of goods). For movable goods, the trader is liable for any lack of conformity that becomes apparent within the legal period of three years from delivery.
Given the consumable nature and the durability of food supplements, the guarantee does not cover normal consumption, storage contrary to the label, misuse, changes made after delivery or situations incompatible with the expiry date. All rights relating to defects, damage, incorrect contents, unfit products or any other lack of conformity existing at the time of delivery remain fully applicable.
Depending on the legal conditions, the consumer may be entitled to have the goods brought into conformity, to a proportionate reduction in price or to terminate the contract, free of charge. Where the lack of conformity becomes apparent within 30 days of delivery, the right of rejection may also apply under the law.
13.Cancellation and unavailability
Nayalor may cancel an order before dispatch in the event of unavailability, failure of payment, well-founded suspicion of fraud, manifestly incorrect details or an obvious error. The customer will be informed and any amounts charged will be refunded without undue delay.
14.Communications
Communications necessary to fulfil the order or subscription, including confirmations, renewal notices and messages relating to security, invoicing and customer support, are not promotional communications.
Marketing sent by email, SMS, WhatsApp or other channels depends on consent or on another applicable legal basis. The recipient can unsubscribe using the link included in the message or by contacting nayalor.nutrition@nayalor.com.
15.Liability
Nothing in these Terms excludes or limits any liability that cannot be excluded by law, in particular for death or personal injury caused by conduct attributable to Nayalor, wilful misconduct, gross negligence, lack of conformity or breach of consumer rights.
Nayalor is not liable for use contrary to the label, the recommended dose or the warnings, nor for temporary interruptions of the website resulting from maintenance, third-party failures or circumstances beyond its reasonable control, without prejudice to its legal obligations.
16.Intellectual property
The content of the website, including trade marks, names, logos, texts, photographs, graphics, design, databases and software, belongs to Nayalor or is used with authorisation. It may not be copied, extracted, exploited or disclosed without authorisation, except where permitted by law.
17.Personal data and cookies
The processing of personal data and the use of cookies are explained in the Privacy Policy and in the Cookie Policy, available in the website footer.
18.Complaints and alternative dispute resolution
Whenever possible, the customer should first contact Nayalor at nayalor.nutrition@nayalor.com. The customer may also use the Livro de Reclamações Eletrónico (Electronic Complaints Book) and refer the matter to a competent consumer alternative dispute resolution (ADR) entity.
Livro de Reclamações Eletrónico (Electronic Complaints Book): www.livroreclamacoes.pt
19.Changes, applicable law and jurisdiction
Nayalor may update these Terms for legal, technical or commercial reasons. The version applicable to each purchase is the one made available and accepted at the time of the order. Changes affecting subscriptions will be communicated before they take effect.
These Terms are governed by Portuguese law. In the event of a dispute, the competent court is the one determined by the applicable legal rules; the consumer is neither deprived of the protection afforded by mandatory provisions nor required to accept a forum other than the one with legal jurisdiction.
20.Annex — Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. Use of this model is not mandatory; an unequivocal statement made within the legal time limit is sufficient.
To: NAYALOR LDA — Zona Industrial de Vagos, Lote 87, 3840-385 Vagos, Portugal — nayalor.nutrition@nayalor.com
I hereby give notice that I withdraw from my contract of sale of the following goods: ________________________________________________________________
Order number: __________________________________________
Ordered on: ____ / ____ / ______ Received on: ____ / ____ / ______
Name of consumer: __________________________________________
Address of consumer: ________________________________________
Date: ____ / ____ / ______
Signature (only if sent on paper): ______________________________