Terms of service

Nuvibody Terms and Conditions (B2C)

Article 1 – Definitions

The terms capitalized in these general terms and conditions have the following meanings unless explicitly stated otherwise:

Nuvibody: The entity using these general terms and conditions, Nuvibody, based in Nijmegen (6512 BP) at Graafseweg 33.
Consumer: You, the individual entering into an agreement with Nuvibody or the counterparty of Nuvibody.
Parties: Nuvibody and the Consumer together, each also referred to individually as a "Party."

Article 2 – Applicability of General Terms and Conditions

These general terms and conditions apply to all quotations, offers, work, agreements, and any other legal relationships between Nuvibody and the Consumer.
Any modifications to the agreement or deviations from these general terms and conditions will only be valid if agreed upon in writing by both Parties.
If any provision of these terms and conditions is deemed void or unenforceable, the remaining provisions will remain in full force. Parties shall replace the void or unenforceable provision(s) with a legally binding provision that closely aligns with the intent and purpose of the original provision(s).

Article 3 – Conclusion of Agreement

All quotations and/or price quotes issued by Nuvibody (in any form) are non-binding and may be withdrawn at any time.
An agreement between Nuvibody and Consumer is established once Nuvibody has received an order from the Consumer and confirmed it with an order confirmation.
Orders will only be processed if:
- The full payment has been received.
- The correct and complete order details are provided.
- Nuvibody reserves the right to reject incorrect, incomplete, or unclear orders (in which case no agreement is formed).
Nuvibody is not liable for damages resulting from incorrect, incomplete, or unclear order details provided by the Consumer.
The Consumer is responsible for the proper use and security of login credentials. Any actions taken on the website after login are considered to be performed by the Consumer.
If the Consumer modifies an order and Nuvibody agrees to the changes, Nuvibody is entitled to charge for all additional costs incurred due to the modification, including costs related to the original order.

Article 4 – Prices and Payment

All prices are exclusive of VAT and/or other applicable taxes unless explicitly stated otherwise.
Prices exclude shipping costs, unless explicitly indicated otherwise.
Payment must be made at the time of ordering via bank transfer, iDEAL, PayPal, or credit card. Orders are not shipped until full payment is received.
Prices are subject to change without prior notice. Nuvibody is not liable for any price changes.

Article 5 – Right of Withdrawal

Consumers may cancel their purchase free of charge within 30 days of receiving their order (Cooling-off Period).
Return requests must be submitted within these 30 days via email at support@nuvibody.com.
Consumers will receive a confirmation of the return request.
Products must be returned within 14 days after initiating the return request.
Refunds are processed within 14 days after receipt of the returned products.
Items must be returned in original condition and packaging, including all accessories. If products or packaging are damaged beyond what is necessary for resale, Nuvibody may charge depreciation costs.
Consumers must handle items with care and ensure proper packaging for return shipments.

Article 6 – Packaging and Shipping

Nuvibody will package goods appropriately to ensure safe delivery under normal transport conditions.
Goods will be shipped to the designated delivery address specified in the order.
Unless agreed otherwise, Nuvibody decides on the shipping method (carrier, packaging, etc.).
Shipping costs are always at the Consumer's expense, unless stated otherwise.
Delivery times are indicative and exceeding the timeframe does not entitle the Consumer to compensation or cancellation of the agreement.

Article 7 – Conformity of Goods

Nuvibody guarantees that the products conform to the agreement, meet reasonable usability and durability standards, and align with specifications stated in the offer.
The guarantee does not apply if:
- The Consumer modifies the products themselves or through third parties.
- The Consumer exposes the products to abnormal conditions or mishandles them contrary to the user manual.
Nuvibody is not liable for damage resulting from improper use, modifications, or failure to follow instructions.

Article 8 – Inspection and Complaints

Consumers must inspect goods within 24 hours of delivery for any defects or damages.
Visible defects must be reported within 24 hours to support@nuvibody.com. Claims made after this period will not be accepted.
If a complaint is valid, Nuvibody may:
- Repair or replace the defective item.
- Offer a refund if repair/replacement is not possible.
If an order is partially or fully canceled, the Consumer must return the goods within 14 days of cancellation in original or comparable packaging. Return costs are covered by Nuvibody.
Any damage occurring between delivery and return is the Consumer's responsibility.

Article 9 – Transfer of Ownership and Risk

Ownership and risk transfer to the Consumer upon receipt of the goods.

Article 10 – Force Majeure

If Nuvibody is prevented from fulfilling its obligations due to unforeseen circumstances, the delivery timeframe is extended accordingly.
Force majeure includes, but is not limited to: war, terrorism, strikes, pandemics, supply chain disruptions, software failures, and government restrictions.
If delivery is delayed by more than 2 months, the Consumer may cancel the agreement.

Article 11 – Instructions for Use

Consumers must use products according to the user manual.
Nuvibody is not liable for damage caused by improper use.

Article 12 – Intellectual Property

All trademarks, logos, domain names, and other intellectual property belong to Nuvibody.
Consumers may not copy, use, or modify these assets without written consent.

Article 13 – Termination and Suspension

Nuvibody may terminate or suspend the agreement immediately if the Consumer:
- Files for bankruptcy.
- Violates intellectual property rights.
- Uses Nuvibody products for illegal activities.
- Harms the reputation of Nuvibody.
If terminated, the Consumer is liable for damages, including lost profits.

Article 14 – Disclaimer of Medical Claims

Information on the Nuvibody website is not medical advice and should not be used for diagnosis or treatment.
Any reliance on website content is at the Consumer's own risk.

Article 15 – Limitation of Liability

Nuvibody's liability is limited to its insurance coverage.
Claims are only valid if the Consumer follows the user manual and seeks medical advice before use.

Article 16 – Errors and Revisions

Nuvibody does not guarantee the accuracy of website content and may modify it without notice.

Article 17 – External Links

Nuvibody is not responsible for third-party websites linked on its site.

Article 18 – Reviews

Nuvibody may select which customer reviews are published.

Article 19 – Data Protection

By placing an order, Consumers consent to data processing as per the Privacy Policy.

Article 20 – Governing Law and Disputes

All agreements are subject to Dutch law.
Disputes are settled by the court in the Consumer’s jurisdiction.

Article 21 – Company Information

Nuvibody
Graafseweg 33, 6512 BP Nijmegen
📞 +31 6 24440295
📧 support@nuvibody.com
KvK: 80973698 | VAT ID: NL003519232B07

Terms and Conditions of NUVIBODY B2B LTD (B2B)

Article 1: Definitions

I. "We" / "Us" / "Nuvibody": NUVIBODY B2B LTD, with its address at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF, acting as seller and service provider.

II. Products: All red light therapy beds, related technology and accessories offered or supplied by Nuvibody.

III. You / Customer: The business customer entering into a purchase or service agreement with us.

IV. Agreement: A binding agreement entered into between Nuvibody and the Customer following confirmation of the order or acceptance of these Terms.

V. Terms: These terms and conditions, as amended from time to time.

Article 2: Applicability

These Terms apply to all offers, quotations, contracts and deliveries between us and you, whether processed online or offline.

Your own terms and conditions shall not apply unless expressly agreed by us in writing.

If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Any gaps or ambiguities shall, where possible, be interpreted in accordance with the original intention and commercial purpose of these Terms.

Article 3: Offers and Formation of the Agreement

I. Non-binding Offers

All offers made by us are non-binding unless expressly stated otherwise in writing.
Offers may expire without prior notice if Products are no longer available before acceptance.
We shall not be liable for obvious errors in descriptions, specifications or pricing.

II. Content of the Offer

Each offer will contain sufficient information to allow you to assess your rights and obligations.
Images, renders, videos, product samples and other visual materials are for illustrative purposes only and are not legally binding unless expressly agreed otherwise in writing.

III. Formation of the Agreement

An Agreement is formed when:

you accept our offer and we confirm that acceptance in writing; or
we begin performance of the order, for example by processing the order, preparing production or arranging shipment, in a manner that indicates acceptance.

IV. Deviating Acceptance

If your acceptance differs from our offer, no Agreement is formed on the basis of that variation unless we confirm the variation in writing.
Previous offers or pricing do not automatically apply to subsequent Agreements unless expressly stated otherwise.

Article 4: Delivery

I. General Delivery Terms

Products are supplied on a DAP basis (Delivered at Place) in accordance with the Incoterms® rules in force at the time the Agreement is entered into, unless otherwise agreed in writing.
We are responsible for delivery to the agreed destination and bear the transport risk until the goods are placed at the Customer’s disposal at the agreed destination, ready for unloading.
You are responsible for any applicable import duties, taxes, levies or local customs clearance charges in the destination country, unless otherwise agreed in writing.

II. Site and Access Requirements

Before delivery, you must complete and sign a site-readiness checklist provided by us, confirming that the delivery location meets the requirements regarding access, space, electrical supply and installation.

Delivery and installation may be made conditional upon our receipt and acceptance of this checklist.

If the information provided by you is incorrect, incomplete or misleading and delivery or installation cannot take place as a result, any reasonable additional costs arising from this will be payable by you.

If performance becomes permanently impossible as a result and the Agreement is terminated, reasonable costs already incurred, obligations specifically entered into for the order and other non-recoverable costs may be offset against payments already received.

If the agreed delivery cannot take place due to inadequate access, insufficient site readiness or unavailability to receive the delivery, any storage, additional labour and redelivery costs may be charged to the Customer.

III. Use of Third Parties

We may use external couriers, freight providers, installers, manufacturers, subcontractors or distribution centres in performing the Agreement.
A delay or failure by a third party does not automatically release the Customer from its obligations under the Agreement.
If such a delay materially affects delivery or installation, we must be given a reasonable opportunity to remedy the issue.

IV. Delivery Delays

We shall not be liable for delays caused by force majeure, inadequate access, insufficient or incorrect delivery instructions, insufficient site readiness or other circumstances outside our reasonable control.

Any production or delivery times provided by Nuvibody are estimates unless a fixed delivery date has been expressly agreed in writing.

A limited delay beyond an estimated production or delivery period does not entitle the Customer to cancel, terminate the Agreement, claim damages or demand a refund.

If, due to circumstances attributable to Nuvibody, delivery has still not taken place more than eight (8) weeks after the end of the delivery period agreed or confirmed in writing, the Customer may give Nuvibody written notice of default and allow an additional period of fourteen (14) days for delivery.

If delivery also fails to take place within that additional period, the Customer may terminate the Agreement solely in respect of the undelivered portion.

Nuvibody will in that case refund payments already received to the extent that they relate to the undelivered portion of the Agreement.

This provision does not apply to delays falling within Article 14 regarding force majeure.

If you do not accept delivery at the scheduled time, we may store the goods at your cost and charge you the reasonable costs associated with such storage.

V. Instalment and Partial Deliveries

We reserve the right to fulfil orders in instalments unless otherwise agreed in writing.
Separate instalments may be invoiced separately.
In the case of phased Agreements, we may suspend future deliveries if earlier payments that have become due remain unpaid.

Article 5: Correct Use and Safety Requirements

I. General Safety Guidelines

Follow all installation, safety and operating instructions supplied.
Ensure compliance with applicable local electrical and safety standards.
Do not use the equipment while under the influence of drugs, alcohol or other substances that may affect safe use.

II. Health Considerations

Persons with health conditions, including cardiovascular conditions or skin sensitivity, should seek appropriate medical advice before use where relevant.
Stop use and consult a qualified healthcare professional if serious or unexpected symptoms occur during or after use.
Persons under the age of 16 may only use the Products under appropriate supervision.

III. Electrical Safety

Use only suitable, correctly installed and properly earthed electrical supplies.
Inspect cables, plugs and connections regularly.
Electrical installation work must be carried out by a qualified professional where required.

IV. Environmental and Operational Use

Use the equipment on a level, dry surface with sufficient ventilation.
Do not block airflow, cover the equipment or place flammable objects in its immediate vicinity.
Do not use the equipment in conditions for which it has not been designed.

Article 6: Product Representations and Specifications

I. Illustrations and Examples

Images, videos, brochures, renders, demonstrations and similar materials are for illustrative purposes only.
Minor aesthetic, technical or dimensional differences may occur, provided these do not materially adversely affect the agreed use of the Product.

II. Technical Information

We may make product improvements and technical updates that do not materially adversely affect the agreed functionality or performance.
All intellectual property rights in our materials, designs and content remain the property of Nuvibody or its licensors.

Article 7: Payment Terms

I. Payment Schedule

50% is payable in advance upon order and 50% upon delivery, unless otherwise agreed in writing.
Invoices are payable within 30 days of issue unless a different payment term is stated on the invoice or order confirmation.

II. Deposit and Use of Funds

The deposit payable upon order forms part of the agreed purchase price.

Once received, the deposit may be used by Nuvibody for, among other things:

reserving production capacity;
purchasing materials and components;
production and assembly;
preparing delivery and installation;
logistics preparation; and
other costs and commitments directly related to performance of the Agreement.

If Nuvibody is definitively unable to deliver the agreed Product due to circumstances attributable to Nuvibody, the Customer is entitled to a refund of amounts already paid to the extent that they relate to Products not delivered or parts of the Agreement not performed.

The above is subject to Article 4 regarding delivery and Article 14 regarding force majeure.

III. Late Payment

If an amount due is not paid on time:

interest may be charged on the outstanding amount in accordance with applicable English law;
we may suspend performance of our obligations until the overdue amount has been received; and
the Customer will be liable for reasonable costs incurred by us in recovering overdue amounts, to the extent permitted by applicable law.

IV. Financial Checks and Security

We may carry out credit checks to the extent permitted by law.
If we have reasonable grounds to doubt the Customer’s creditworthiness or ability to pay, we may require additional security, a deposit or full advance payment before further performance takes place.

V. Continuity and Inability to Perform

If, before delivery, it becomes reasonably clear that Nuvibody will no longer be able to perform its obligations under the Agreement, Nuvibody will inform the Customer without unreasonable delay and enter into discussions regarding:

continuation of delivery;
a reasonable alternative; or
termination of the unperformed portion of the Agreement.

If the parties agree to terminate, payments already received will be offset against Products or services already supplied and non-recoverable costs or commitments specifically incurred for the order.

Any remaining balance will then be refunded to the Customer.

This provision does not constitute a separate bank guarantee, escrow arrangement, trust arrangement or other external security in respect of payments already received.

Article 8: Changes to Products or Circumstances

I. Minor Changes

We may make product improvements or technical updates that do not materially adversely affect the agreed performance or functionality.

II. Material Changes

If unforeseen events have a significant impact on production, the supply chain or costs, the parties may negotiate reasonable amendments to the Agreement.

No amendment is binding unless confirmed in writing by or on behalf of both parties.

III. Address and Contact Details

You must inform us as soon as reasonably possible of any changes to delivery addresses or contact details.
Communications sent to the most recent contact details provided by you may be treated by us as validly delivered.

Article 9: Cancellation and Returns

I. Cancellation Terms

If the Customer cancels an order without having a contractual or legal right to terminate, Nuvibody may charge costs already incurred and costs that it is reasonably committed to incur in connection with the order and may offset these against payments already received.

For bespoke, customised or already manufactured or production-commenced Products, the full deposit may remain payable to the extent reasonable in relation to:

costs already incurred;
materials specifically purchased for the order;
production and supplier commitments already entered into;
work already carried out; and
other non-recoverable costs.

Bespoke or customised Products may not be cancelled after production has commenced without Nuvibody’s written consent, except where an express right exists under these Terms or applicable law.

Production or delivery delays do not in themselves give the Customer the right to cancel or terminate a bespoke order, except as provided in Article 4.IV in relation to prolonged delay attributable to Nuvibody and Article 14 in relation to prolonged force majeure.

II. Returns Policy

Returns are only permitted with our prior written approval.
Products must be unused, undamaged and, where reasonably possible, returned in their original packaging.
Following inspection, a refund may be granted where applicable, less any agreed or reasonable applicable costs.

Article 10: Retention of Title

Title to the Products remains with Nuvibody until all amounts due in respect of those Products have been paid in full.
Until title has passed, the Customer must take reasonable care of the Products and protect them against loss, damage and third-party claims.
If the Customer fails to make payments when due, we may exercise our rights in relation to the goods to the extent permitted under English law.

Article 11: Conformity and Inspection

Products will materially conform to the agreed specifications upon delivery.
Visible defects must be reported in writing within 14 days of receipt.
Latent defects must be reported in writing within a reasonable period after discovery.
Depending on the nature of the issue and where applicable, we may reasonably elect to repair, replace or refund.

Article 12: Prices and Adjustments

Prices are exclusive of VAT or other applicable taxes unless expressly stated otherwise.
Prices agreed in an accepted order may not be unilaterally changed unless expressly permitted by the Agreement or applicable law.
Any statutory changes to taxes, import duties or similar mandatory charges may, where applicable, be passed on.

Article 13: Liability and Indemnity

To the extent permitted under applicable English law, Nuvibody shall not be liable for loss or damage arising from:

unsupervised or incorrect use;
use contrary to instructions provided;
use at an unsuitable or unapproved location;
inadequate maintenance;
incorrect electrical installation carried out by the Customer or third parties for whom Nuvibody is not responsible; or
unauthorised modification of the Product.

To the extent permitted by law, our total liability for claims arising out of or in connection with the Agreement shall be limited to the amount actually paid out in respect of the relevant claim under our applicable business liability insurance.

If no insurance payment is made, our total liability shall, to the extent permitted by law, be limited to the net invoice value of the specific Product giving rise to the claim.

To the extent permitted by law, we shall not be liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of business opportunity, business interruption or reputational damage.

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation would be unlawful or unenforceable under English law.

Article 14: Force Majeure

I. Definition

Force majeure means any event or circumstance outside Nuvibody’s reasonable control which makes performance of the Agreement temporarily or permanently impossible, or where performance cannot reasonably be required of Nuvibody.

This may include, without limitation:

natural disasters;
war, terrorism or civil unrest;
government action;
strikes or labour disputes;
epidemics or pandemics;
serious disruption to international transport or logistics chains;
port closures;
import or export restrictions;
unexpected customs or border restrictions;
failure of essential infrastructure; and
serious failure or unavailability of essential suppliers, where such failure could not reasonably have been prevented or replaced in time.

II. Effect of Force Majeure

During a force majeure event, Nuvibody’s obligations will be suspended to the extent affected by the event.

Such suspension will not constitute a delay attributable to Nuvibody for the purposes of Article 4.IV.

Nuvibody will inform the Customer as soon as reasonably practicable if a force majeure event is expected to have a material impact on production, delivery or installation.

Nuvibody will use reasonable efforts to mitigate the effects of the force majeure event and resume performance of the Agreement as soon as reasonably possible.

III. Prolonged Force Majeure

If a force majeure event continues for more than twelve (12) weeks and performance of the unperformed portion of the Agreement can no longer reasonably be expected, either party may terminate the affected, unperformed portion of the Agreement by written notice.

In that event, a reasonable financial reconciliation will take place.

Nuvibody may offset:

Products and services already supplied;
work already carried out;
costs specifically incurred for the order that are non-recoverable; and
irrevocable commitments already entered into with suppliers, manufacturers or logistics partners specifically in relation to the order.

Any remaining balance of payments already made by the Customer will be refunded.

To the extent permitted by law, neither party shall be liable for indirect loss, loss of profit or other consequential loss arising solely from the force majeure event or termination under this Article.

Article 15: Intellectual Property Rights

All intellectual property rights, trademarks, designs, trade names and content belonging to Nuvibody remain the property of Nuvibody or its licensors.
Unauthorised reproduction, distribution or imitation of protected Products, content or trademarks is prohibited.
Nuvibody reserves the right to pursue all contractual and legal remedies available in relation to unauthorised use.

Article 16: Risk and Use

The Customer is responsible for the commercial operation of the Product and for ensuring that its use complies with the instructions provided and applicable laws and regulations.

To the extent permitted by law, Nuvibody shall not be liable for injury or damage resulting from incorrect, unsupervised or instruction-inconsistent use.

Article 17: Data Protection

Personal data will be processed in accordance with applicable data protection laws, including, where applicable, the UK GDPR and the Data Protection Act 2018.
Our privacy policy may be updated from time to time in accordance with applicable law.

Article 18: Governing Law and Jurisdiction

I. These Terms, any Agreement to which they apply and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of England and Wales.

II. Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or any Agreement, including non-contractual disputes or claims.

Article 19: Claims and Time Limits

A party that considers it has a claim under the Agreement must notify the other party in writing as soon as reasonably practicable.

Any contractual limitation periods shall apply only to the extent that they are valid and enforceable under the laws of England and Wales.

Article 20: Amendments and Final Provisions

Nuvibody may amend these Terms from time to time for future transactions.
The version of the Terms supplied to the Customer or otherwise validly incorporated at the time an Agreement is entered into shall apply to that Agreement.
An amendment made after an Agreement has been entered into shall not amend that existing Agreement unless both parties agree in writing or the amendment is required by applicable law.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, it shall, to the extent necessary, be deemed modified or deleted without affecting the validity and enforceability of the remaining provisions.
No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that right or remedy.
No person who is not a party to the Agreement shall have any right to enforce any of its terms unless expressly agreed otherwise in writing.
The Agreement, order confirmation, any specific written commercial arrangements and these Terms together constitute the agreement between the parties in relation to the relevant subject matter.