Terms and conditions
This contractual document shall govern the General Terms and Conditions of contract for the purchase of goods which may expire (hereinafter, "Conditions") through the nutribel.es website, owned by NUTRIBEL NUTRICOSMETICA SLU under the NUTRIBEL trademark, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is set out herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the nutritional supplements contracted by the USER is NUTRIBEL NUTRICOSMETICA SLU, with registered office at Calle Pacífico 17, Rincón de la Victoria, Málaga, 29730, NIF B90483819 and customer/USER service telephone number 653984295.
On the other hand, the USER, registered on the website with a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual purchase-sale relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase-sale relationship entails the delivery, in exchange for a specific price and publicly displayed on the website, of a specific nutritional supplement.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, the user is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Dispatch and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. DISPATCH AND DELIVERY OF ORDERS
The delivery time will be between 1 and 2 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified. The PROVIDER shall not be held responsible for any problems or strikes that may arise with the transport company.
In the event that the PROVIDER has not delivered the goods 30 calendar days after the agreed delivery date, due to unavailability of the product or service, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate, or incomplete information provided by the USER.
Delivery shall be considered to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the responsibility of the USER to check the products on receipt and to state any reservations and/or complaints that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The foodstuffs offered are perishable, i.e., they may expire or deteriorate in a short period of time.
This type of supply of goods is exempt from return, according to article 103 (d) of Law 3/2014 of 27 March.
In any case, the USER is offered the possibility of claiming possible defects or flaws in the order within 24 hours of delivery, both online and offline, and, if deemed necessary, to return the goods.
All returns must be communicated to the PROVIDER by e-mail to email@example.com, indicating the corresponding invoice or order number. Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs at his/her expense, to the address of NUTRIBEL NUTRICOSMETICA SLU, RONDA ALTAIR, 59 - 41703 DOS HERMANAS (Seville).
Once the case has been analysed, if the PROVIDER considers that the product did not comply with the conditions of sale, it will inform the USER within 48 hours of the amount and conditions of reimbursement.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: NUTRIBEL NUTRICOSMETICA SLU, Calle Pacífico 17, Rincón de la Victoria, Málaga, 29730
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions should be considered null and void or impossible to fulfil, the validity, legality and
compliance with the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be made by the USER.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency and STERLING POUNDS in the case of orders from the UK. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available. As a general rule, an invoice will not be issued unless requested by the USER. This invoice will be sent in PDF format to the e-mail address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 653984295 or via e-mail at firstname.lastname@example.org.
9. TRANSPORT COSTS
The prices do not include shipping costs or additional services, unless otherwise expressly agreed in writing. The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum transport rate applied is as follows:
Peninsula and Balearic Islands, free shipping.
For shipments outside the peninsula, please contact us to calculate the cost.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
The USER will be able to use a discount coupon prior to the completion of the purchase if he/she has received it from the PROVIDER.
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PROCESS OF PURCHASE
Any product from the catalogue can be added to the basket. In the basket, only the articles, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. - Verification of the invoicing data.
2. - Checking the delivery address.
3. - Selection of the payment method.
4. - Placing the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed, its status and the approximate shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
NUTRIBEL may, without prior notice, suspend or terminate the USER's access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When NUTRIBEL exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to NUTRIBEL.
13. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute which may arise from the provision of the products or services which are the object of these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.