Please read these Terms and Conditions carefully before using any website, platform, or service operated by Nutrition Depot Asia Co., Ltd. By accessing our website, placing an order, or entering into a wholesale partnership with us, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use of our services immediately.
Definitions
Throughout these Terms, the following definitions apply:
- "Nutrition Depot Asia", "we", "us", "our" — refers to Nutrition Depot Asia Co., Ltd., a company incorporated in Thailand, its subsidiaries, affiliates, and regional entities operating across Asia Pacific.
- "You", "User", "Customer" — refers to any individual, business, or entity accessing our website or engaging in any transaction with us, whether as a retail consumer or wholesale partner.
- "Platform" — refers to our website, any subdomain thereof, and all associated digital services and applications operated by us.
- "Products" — refers to all sports nutrition products, supplements, accessories, and related goods listed for sale through our wholesale or retail channels.
- "Wholesale Partner" / "B2B Client" — refers to any business, retailer, or distributor purchasing Products in commercial quantities for resale or distribution.
- "Services" — refers to all distribution, logistics, brand partnership, market-expansion, and related services offered by Nutrition Depot Asia.
- "Order" — refers to a confirmed purchase of one or more Products or Services submitted through any channel we operate.
Acceptance & Eligibility
By using our Platform or placing an Order, you represent and warrant that:
- You are at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
- You have full legal capacity to enter into a binding agreement.
- If you are accepting on behalf of a company or organisation, you have the authority to bind that entity to these Terms.
- All information you provide to us is accurate, current, and complete.
- You are not located in a country subject to export restrictions or sanctions that would prohibit the purchase of our Products.
We reserve the right to refuse service, cancel accounts, or reject Orders at our sole discretion if we determine that eligibility criteria are not met.
Products & Product Information
Nutrition Depot Asia distributes a curated portfolio of premium sports nutrition brands across Asia Pacific. With respect to our Products:
- Accuracy of descriptions: We make every effort to ensure product descriptions, images, nutritional information, and specifications are accurate. However, minor variations may occur due to manufacturing updates, regional labelling requirements, or display differences across devices.
- Regulatory compliance: Products are imported and distributed in compliance with applicable food, health, and customs regulations in each market. You are responsible for ensuring that any Products you import, resell, or consume comply with the laws of your jurisdiction.
- Not medical advice: Product information on our Platform is for general reference only. Nothing on this website constitutes medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before using any supplement, particularly if you have a pre-existing medical condition, are pregnant, or are taking medication.
- Availability: All Products are subject to availability. We reserve the right to limit quantities, discontinue products, or substitute items of equal or greater value where stock is exhausted.
- Pricing: Prices are displayed in the applicable local currency and are inclusive of applicable taxes unless otherwise stated. Wholesale pricing is subject to separate negotiated agreements. We reserve the right to change prices at any time without notice, but confirmed Orders will be fulfilled at the price in effect at the time of order confirmation.
Wholesale Partners: Specific product pricing, minimum order quantities, exclusivity arrangements, and territory rights for B2B Clients are governed by a separate Distribution or Partnership Agreement which takes precedence over these Terms where there is a conflict.
Orders & Payments
When you place an Order with Nutrition Depot Asia, the following terms apply:
- Order acceptance: An Order is not binding until we send you a written confirmation (email or order acknowledgement). We reserve the right to cancel or decline any Order, including after acknowledgement, if stock becomes unavailable, a pricing error is identified, or we suspect fraudulent activity.
- Payment methods: We accept payments via the methods displayed at checkout or specified in your wholesale agreement (bank transfer, credit/debit card, approved trade credit). All card payments are processed through PCI-DSS-compliant payment gateways.
- Payment timing: Retail orders require full payment at time of purchase. Wholesale orders may be subject to credit terms specified in your B2B agreement, including payment within 30, 60, or 90 days net from invoice date.
- Currency: Orders are billed in the currency agreed at the time of purchase or as specified in your distribution agreement. Currency conversion is handled by your bank or payment provider; we are not responsible for exchange rate fluctuations.
- Late payment: Wholesale partners who fail to pay by the agreed due date may be subject to interest on overdue amounts at a rate of 1.5% per month, suspension of credit facilities, and legal action to recover outstanding balances.
- Taxes & duties: You are responsible for all applicable import duties, customs fees, local taxes, and other charges levied by the authorities in your country of import. These are not included in our quoted prices unless explicitly stated.
Delivery & Shipping
We ship products across Asia Pacific through our network of logistics and fulfilment partners. Delivery terms are as follows:
- Delivery timeframes: Estimated delivery times are provided as a guide only and are not guaranteed. Delays may occur due to customs clearance, carrier capacity, public holidays, or force majeure events.
- Risk of loss: Risk of loss or damage to Products transfers to you upon delivery to your nominated address, or upon handover to the carrier if shipping is arranged by you.
- Shipping costs: Freight charges are calculated based on weight, volume, destination, and Incoterms agreed in your order or B2B agreement (commonly EXW, FOB, CIF, or DDP for international wholesale).
- Customs & import: You are responsible for obtaining all necessary import licenses, permits, and regulatory approvals required to receive Products in your country. We are not liable for delays, costs, or losses arising from customs holds or regulatory non-compliance on your side.
- Damaged goods in transit: If Products arrive visibly damaged, you must note the damage on the carrier's delivery documentation at the time of receipt and notify us within 48 hours with photographic evidence. Failure to do so may limit your right to a claim.
Cold Chain Products: Certain Products may require temperature-controlled shipping. If your order contains such items, we will confirm cold-chain handling requirements prior to dispatch. Any failure to maintain appropriate conditions on your end after delivery voids any quality claims.
Returns & Refunds
Due to the nature of food, health, and nutrition products, our returns policy is strictly applied. The following terms govern all returns and refund requests:
- Eligible returns (retail): Unopened, undamaged products in original packaging may be returned within 14 days of delivery for a full refund or exchange, subject to our approval. Return shipping costs are the customer's responsibility unless the return is due to our error.
- Ineligible returns: We cannot accept returns of opened, used, or tampered products; items returned after the 14-day window; items purchased in promotional or clearance sales; or custom-labelled or B2B-specific products unless otherwise agreed in writing.
- Defective or incorrect products: If you receive a product that is defective, expired, or not what you ordered, contact us within 48 hours of delivery with evidence. We will arrange replacement, credit, or refund at our discretion.
- Wholesale returns: Returns for Wholesale Partners are governed by the terms of your Distribution Agreement. Without a specific agreement, all wholesale sales are final except in the case of product defects or our fulfilment error.
- Refund processing: Approved refunds are processed within 7–14 business days via the original payment method. We are not responsible for delays caused by your bank or payment provider.
Intellectual Property
All content, materials, and intellectual property published on our Platform are either owned by Nutrition Depot Asia or licensed to us by third parties, including our brand partners. This includes — without limitation:
- The Nutrition Depot Asia name, logos, and trademarks
- Brand partner names, logos, and product imagery (used under licence)
- Website design, layout, graphics, and user interface elements
- Product descriptions, nutritional data, marketing copy, and editorial content
- Photography, video, and other multimedia content
You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our Platform without our express prior written consent. Wholesale Partners granted marketing rights under a Distribution Agreement may use approved brand assets strictly within the scope and territory of that agreement.
Any unauthorised use of our intellectual property may give rise to a claim for damages, injunctive relief, and recovery of legal costs.
User Accounts
Certain areas of our Platform and all wholesale portal access require you to register for an account. By creating an account, you agree to:
- Provide accurate, current, and complete registration information at all times
- Maintain the security of your username and password and not share credentials with any third party
- Notify us immediately at info@nutritiondepot.asia if you suspect any unauthorised access to your account
- Take responsibility for all activity occurring under your account, whether or not you authorised it
- Not create an account for any unlawful purpose or in violation of these Terms
We reserve the right to suspend or permanently terminate accounts that violate these Terms, exhibit fraudulent activity, or remain inactive for an extended period, with or without notice.
Prohibited Activities
When using our Platform or Services, you must not engage in any of the following:
Fraud & Misrepresentation
Providing false information, impersonating another person or entity, or misrepresenting your business credentials or purchasing authority.
Scraping & Automated Access
Using bots, crawlers, scrapers, or other automated tools to extract data, pricing, or content from our Platform without written permission.
Unauthorised Resale
Reselling Products purchased at retail prices in commercial quantities, or distributing Products outside any agreed territory without authorisation.
Platform Interference
Attempting to hack, disrupt, overload, or gain unauthorised access to any part of our infrastructure, networks, or databases.
Brand Misuse
Using Nutrition Depot Asia's or any brand partner's trademarks, logos, or imagery in a way that is misleading, defamatory, or outside the scope of any granted licence.
Unlawful Conduct
Using our Platform or Services for any purpose that is unlawful, including money laundering, sanctions evasion, or trade in counterfeit goods.
Violation of these prohibitions may result in immediate account suspension, cancellation of all pending orders, referral to law enforcement, and civil action for damages.
Disclaimer & Limitation of Liability
To the fullest extent permitted by applicable law, Nutrition Depot Asia makes the following disclaimers and limitations:
- As-is basis: Our Platform and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
- No guarantee of results: We do not guarantee that our Products will produce any specific fitness, health, or performance outcome. Individual results vary and are dependent on factors outside our control including diet, exercise, genetics, and health status.
- Uptime & availability: We do not warrant that our Platform will be uninterrupted, error-free, or free from viruses or harmful components. We reserve the right to take the Platform offline for maintenance at any time.
- Cap on liability: Our aggregate liability to you for any claim arising out of or in connection with these Terms or your use of our Services shall not exceed the total amount you paid us in the 12 months preceding the event giving rise to the claim.
- Excluded losses: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, even if we have been advised of the possibility of such damages.
- Third-party links: Our Platform may contain links to third-party websites. We have no control over, and accept no responsibility for, the content or practices of those sites.
Certain jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Nutrition Depot Asia, its directors, officers, employees, agents, brand partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of these Terms or any applicable law or regulation
- Your use of our Platform or Services in a manner not authorised by these Terms
- Any misrepresentation made by you to us or to a third party in connection with your use of our Services
- Infringement of any third-party rights, including intellectual property rights, by you or under your account
- Any Products you purchase from us and subsequently resell, distribute, or supply to end users in non-compliance with applicable laws in your jurisdiction
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.
Governing Law & Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.
- Negotiation first: In the event of any dispute, both parties agree to first attempt to resolve it through good-faith negotiation within 30 days of written notice of the dispute.
- Mediation: If negotiation fails, the parties agree to attempt mediation through a mutually agreed mediator in Bangkok, Thailand, before commencing litigation or arbitration.
- Jurisdiction: If mediation is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the courts of Bangkok, Thailand. Wholesale Partners may agree to an alternative arbitration mechanism in their Distribution Agreement.
- Consumer rights: Nothing in this clause limits any statutory rights you may have as a consumer under the mandatory consumer protection laws of your own country.
International Wholesale Partners: Cross-border disputes involving significant commercial value may be referred to arbitration under the UNCITRAL Arbitration Rules or the Thai Arbitration Institute rules, as agreed between the parties in writing.
Force Majeure
Nutrition Depot Asia shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, pandemics, epidemics, or acts of God
- War, terrorism, civil unrest, or government-imposed sanctions or trade embargoes
- Port closures, freight strikes, or carrier disruptions affecting regional logistics
- Regulatory changes, import bans, or customs policy shifts in our operating markets
- Significant supply chain disruptions affecting our brand partners or raw material suppliers
- Cyberattacks or critical infrastructure failures beyond our control
In the event of a force majeure event, we will notify you as soon as reasonably practicable and will use reasonable efforts to minimise the impact. Obligations affected by force majeure will be suspended for the duration of the event, and neither party shall be entitled to claim damages for such suspension.
Changes to These Terms
We may revise these Terms at any time as our business evolves, legal requirements change, or new services are introduced. When we make material changes, we will:
- Update the "Last updated" date at the top of this page
- Notify registered users and active Wholesale Partners via email at least 14 days before significant changes take effect
- Display a notice on our website and, where applicable, in our wholesale portal
Your continued use of our Platform or Services after the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of our Services before the effective date. Active wholesale agreements will not be unilaterally varied by a change to these Terms — any amendment to a Distribution Agreement requires written consent from both parties.
General Provisions
- Entire agreement: These Terms, together with our Privacy Policy and any applicable Distribution or Partnership Agreement, constitute the entire agreement between you and Nutrition Depot Asia and supersede all prior communications or representations.
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
- No waiver: Our failure to enforce any provision of these Terms at any time shall not be deemed a waiver of that provision or of our right to enforce it in the future.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations — for example, in connection with a corporate restructure, merger, or sale of assets.
- Relationship: Nothing in these Terms creates any employment, agency, partnership, or joint venture relationship between you and Nutrition Depot Asia.
- Language: These Terms are written in English. Any translation is provided for convenience only; the English version prevails in the event of any inconsistency.
- Electronic communications: You consent to receive communications from us electronically. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
Legal Enquiries
Have a question about these Terms or need to discuss a specific commercial arrangement? Our team is ready to help — we aim to respond within 3 business days.
Contact Our Legal Team