1. PURPOSE AND SCOPE
The purpose of these General Terms and Conditions of Business is to regulate the relationship between NEOVITAL HEALTH S.L. (hereinafter "THE COMPANY") and you (hereinafter "the Client"), relating to all transactions carried out through the website www.neovitalhealth.com (hereinafter "the Web"), a domain owned by THE COMPANY, a legally constituted company, with registered office at C / RIERA ROJA, 3 - 08830 - SANT BOI DE LLOBREGAT - BARCELONA provided with CIF number B65340580 and registered in the Commercial Register of Barcelona, Volume 35415, Folio 152, Page B266910, Entry 4ª.
If you have any questions, please contact us by e-mail at email@example.com.
The on-line contracting of the products and/or services offered by THE COMPANY through this website shall be subject to the provisions of these General Terms and Conditions of Contract.
2. ACCEPTANCE AND ACCEPTANCE TEST
The purchase of the products and/or services ADD TO BASKET AND BUY must be made by activating the FINISH ORDER or PAY buttons that appear at the foot of the page of the purchase requests, and express full acceptance of each and every one of the Terms and Conditions of Contract as they are shown on the COMPANY's website prior to the purchase of the products/contracting of the services, without the application of any changes that may occur in the clauses of the Terms and Conditions of Contract at a later date.
From the moment of acceptance, the user acquires the status of Client of THE COMPANY described in these General Terms and Conditions. Any product or service subsequently offered by THE COMPANY must be the subject of a new contract.
THE COMPANY will send the Customer, once the present Terms and Conditions have been expressly accepted, proof of the contract, with all its terms, by e-mail within 24 hours of the purchase.
THE COMPANY informs you that for legal reasons it archives the electronic documents in which purchases are formalised, and you may access these documents at any time by requesting them from our Customer Service Department.
3) PRICES, METHOD OF PAYMENT, DELIVERY AND CANCELLATION
The current price will be the price indicated on the website at the time of purchase, unless there is a typographical error. The prices indicated on the website all include VAT (Value Added Tax) or any other tax that may be applicable. When the price is different due to typographical error this will be communicated to the CUSTOMER, via e-mail, before proceeding to collection.
However, in accordance with the provisions of Law 37/1992, of 28 December 1992, regulating this tax, the transaction may be exempt or not subject to it depending on the purchaser's country of residence and the condition in which the purchaser acts (businessman/professional or private individual). Consequently, in some cases the final price of the order may be altered with respect to the price shown on the website.
Tenders shall be duly marked and identified as such, indicating the previous price and the tender price as appropriate.
THE COMPANY reserves the right to make such modifications to the Website as it deems appropriate at any time and without prior notice, and may update products and services according to the market.
The shipping costs are 5.65 euros, with orders with a value of more than 35 euros being exempt from payment.
The shipping costs and the corresponding VAT are always indicated in the order.
Value Added Tax and Invoicing
In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the supply of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
3.2 Method of payment
Purchases, depending on the products to be purchased, can be paid for by the means listed below:
- Card (Visa and Mastercard)
Orders are sent to the delivery address indicated by the Customer, within the period determined by the delivery company for products in stock. In the event that the COMPANY is out of stock, the Customer will be duly informed of this as soon as possible.
The COMPANY sends orders to its customers through different express transport companies of recognised national and international prestige. The date of delivery to the Customer's home depends on the availability of the chosen product and the delivery area. Before confirming your order, you will be informed of the approximate delivery times. However, these times may vary depending on the specific circumstances of each order. In particular, transport times may be altered by extraordinary incidents at the carrier and by difficulties in the delivery of the goods.
The Customer shall have a period of 14 calendar days from receipt of the goods to terminate the contract.
The right of withdrawal shall not apply in the following cases, as well as in the other exceptions provided for in article 103 of Law 3/2014:
- In the case of the provision of services, once the service has been fully performed by THE COMPANY, the Customer expressly agrees to forfeit its right of withdrawal.
- In the supply of goods made to the Customer's specifications or clearly personalised.
- In the case of sealed sound recordings or videos or sealed software that have been unsealed by the Customer after delivery.
To exercise the right of withdrawal, you must notify us at THE COMPANY, C/ Riera Roja, 3 - 08830 Sant Boi de Llobregat - BARCELONA or mail firstname.lastname@example.org of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail).
In both cases, THE COMPANY will promptly communicate to you on a durable medium the acknowledgement of receipt of such withdrawal.
In the event of withdrawal by you, we will reimburse to you all payments received from you, including the costs of delivery without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will not incur any costs as a result of the reimbursement.
In any case, in the event that the Client has expressly selected a delivery method other than the least expensive ordinary delivery method, THE COMPANY will not reimburse the additional costs arising therefrom.
The returned order must be delivered together with the delivery note and, if applicable, the invoice issued by THE COMPANY, at the customer's expense. The Customer may return any item purchased from THE COMPANY as long as the products retain their seal and the manuals, accessories or promotional gifts included where appropriate.
The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.
If a product other than the one ordered by the Customer is delivered by mistake by THE COMPANY, the correct product will be delivered, with the first one being collected, at no additional charge to the Customer.
If a product has reached the customer broken, damaged or in poor condition, THE COMPANY will take charge of collecting it from the customer's home, replacing it with another in good condition, without additional charges.
For any complaint or query, please contact THE COMPANY at C/ Riera Roja, 3 - 08830 Sant Boi de Llobregat - BARCELONA or by e-mail at email@example.com.
4) FORMALITIES FOR CONCLUDING THE CONTRACT
In order to purchase the products and/or services offered on the website, it is only necessary to fill in the purchase form (application) with personal data and payment details.
Upon receipt of a purchase request, THE COMPANY will immediately send an order confirmation to the e-mail address indicated in the purchase request within 24 hours of the purchase request.
The language in which the contract between the COMPANY and the Client shall be concluded is SPANISH.
6) LEGAL GUARANTEE AND COMPANY RESPONSIBILITIES
The products are covered by a legal guarantee of two years against lack of conformity under the provisions of the General Law for the Defence of Consumers and Users (Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November). By virtue of this Law, the consumer has the right to claim against the seller for any lack of conformity that exists at the time of delivery of the good within the terms and conditions established therein.
If the lack of conformity of the product becomes apparent within the first six months, the failure is presumed to have existed at the time the product was delivered, unless the contrary is proven or this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
If the lack of conformity becomes apparent after the first six months, it will be up to the Customer to prove that the defect is of origin in order to be covered by the legal guarantee.
The Customer is obliged to report possible defects and non-conformities within 2 (two) months of their detection.
In the event of a defect of conformity, we shall, at our expense, restore the conformity of the product by means of repair/replacement or price reduction in accordance with the applicable statutory provisions.
Warranty assistance requires the presentation of the purchase invoice.
All rights guaranteed to consumers and users by the laws in force are guaranteed.
Failure to comply with any of the Terms and Conditions may result in the return of the products or the cancellation of the services purchased by the Customer.
7) CUSTOMER RESPONSIBILITIES
The Client undertakes to make lawful use of the services, without infringing current legislation or infringing the rights and interests of third parties.
The Client guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding any damage caused to the COMPANY as a result of the incorrectness of the same.
Failure to comply with any of the Terms and Conditions may result in the withdrawal or cancellation of the services by THE COMPANY, without prior notice to the Client and without entitlement to any compensation whatsoever.
8. AFTER-SALES SERVICES
For any query, incident, complaint or claim following the purchase of the products or services, THE COMPANY provides the Customer with a Customer Care Service at the e-mail address firstname.lastname@example.org.
The Customer will be able to have their complaints recorded, which will be dealt with as soon as possible and, in any case, within a maximum period of one month.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the works, trademarks, logos and any other subject of protection contained in the COMPANY's website belong exclusively to THE COMPANY (or to the authorising third parties), who have exclusive rights to exploit them in any way and, in particular, by way of example but not limitation, the rights of reproduction, copying, distribution, transformation, commercialisation and public communication.
The unauthorised reproduction, distribution, commercialisation or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or of the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.
By accepting these General Terms and Conditions of Contract, the Client undertakes to respect the Industrial and Intellectual Property rights owned by THE COMPANY and third parties.
10. JURISDICTION AND APPLICABLE LAW
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, where applicable, shall hear the matter shall be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of fulfilment of the obligation or the place of domicile of the purchasing party shall be taken into account.
This is without prejudice to the Customer's right to go to the Consumer Arbitration Board in their area.
In the case of a sale and purchase made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).