Company: STATERA LABS, S.L. (“Stateralabs”)
Trading name: HEALTHINFOODS
Address: Calle Goya nº57, Madrid.
Registration details in the Company Registry: Company Register of Santiago de Compostela, Folio 76 volume 737 of the General Companies section.
Email address: email@example.com
www.healthinfoods.com is a web portal owned by Statera Labs SL, through which a wide variety of food, dietetic, parapharmaceutical, veterinary and bioactive ingredients for the food industry are offered for sale through exclusive promotions of a fixed duration, subject to the specific conditions included in this document.
Healthinfoods.com reserves the right to carry out modifications and/or updates of the present conditions, of which the client will be previously informed for acceptance or rejection in case they are substantial.
Once the user checks the corresponding box in the process, the current Contracting Conditions will be accepted, both parties declaring and acknowledging their legal capacity to act, that the user is of legal age (>18 years old), as well as that they have previously read and understood the contents of the same.
3 OPERATING CONDITIONS OF HEALTHINFOODS.COM.
3.1 PRODUCTS AND/OR SERVICES MARKETED
Healthinfoods.com provides its users with a platform from which they can purchase parapharmaceutical products and/or services.
Under no circumstances will Healthinfoods.com carry out the promotion and/or commercialisation of medicines, this being an activity which, in accordance with current legislation, can only be carried out by pharmaceutical establishments.
3.2. CONTRACTING PROCESS
All users who wish to purchase any type of product or service must follow the following procedure:
Once the customer has accessed the portal, they must select the products they wish to purchase, and it is very important to check their description, as well as their characteristics, conditions, delivery terms and conditions, and final price before starting the purchase process.
The customer must then start the electronic purchase process by adding the product to the shopping basket, pressing the “Add to basket” button, and then proceed to press the “Buy” button.
Once the purchase option is located, the user will be able to access the detailed data of the order placed, in particular the shipping costs and the origin of each of the products that make up the shopping basket.
In order to be able to personalise your purchase and have all the customer’s details available for shipping, you must be registered on the Healthinfoods.com platform, for which you only need to fill in your real and truthful details in the form that will be shown to you.
Finally, the customer will only have to enter the desired payment method (PayPal or credit or debit card). At no time will we act as a payment service provider nor will we have access to your bank details, these being directly managed by the corresponding banks in our payment gateway.
The customer will automatically receive a confirmation e-mail from Healthinfoods.com describing the purchase made, as well as its characteristics, without prejudice to the fact that they will have all the order information in their private area within the Healthinfoods.com platform, which can be accessed by entering their registration e-mail and password. If you do not receive the confirmation email, please check your junk email account.
For all purposes, the purchase contract shall be deemed to be signed between the user and Healthinfoods.com and perfected at the time when the product actually purchased is delivered to the user at the address selected by the user.
3.3 PRODUCT DELIVERY PROCEDURE
The products purchased by the customer from a seller’s microsite or corner will be delivered to the address indicated by the user on the form for the purpose of the contracting procedure.
The different delivery methods offered are described below.
3.3.1 DELIVERIES TO SPAIN
Home delivery is available for deliveries within mainland Spain and the Balearic Islands, excluding the Canary Islands, Ceuta and Melilla. Once the purchase order has been confirmed, the seller will proceed to prepare the order and deliver it to the Courier. The user will receive the order at the address indicated in the purchase process.
This method of delivery is associated with certain shipping costs, which may be charged to the user depending on the amount of the order placed.
Information regarding the delivery date, as well as the specific time before which the order must be placed in order to guarantee delivery within this period, will be clearly indicated to the user on the website. In any case, Healthinfoods.com will make every effort to deliver the products purchased on the date indicated. However, in the event of exceptional circumstances or force majeure beyond the control of Healthinfoods.com that prevent the delivery of the products within the indicated period, Healthinfoods.com will not be able to guarantee this delivery period, especially when the user resides in inaccessible or high-risk areas. However, it should be noted that Healthinfoods.com will still make every effort to deliver the products within the expected delivery time. Users who select this type of delivery, unless otherwise indicated on the website, will not be charged a surcharge as a result of this choice.
In the event that a customer purchases several products with different delivery dates, Healthinfoods.com will deliver the total of the products purchased on the date agreed for those products with the longest delivery time.
Regardless of the delivery option selected, the return procedure will be the same in all cases, as described in these Terms and Conditions.
3.3.2. INTERNATIONAL SHIPMENTS
Healthinfoods.com allows purchases to be made from any country, regardless of whether it is a member of the European Union or not, with products being shipped by Healthinfoods.com through the usual transport agencies. Notwithstanding the above, there are certain countries, cities, towns and/or islands to which Healthinfoods.com does not ship, and Healthinfoods.com will not ship products to them, though this will always be indicated by Healthinfoods.com before proceeding with the purchase of the product.
In any case, and before finalising the purchase, Healthinfoods.com will inform the customer about the maximum delivery time of the order and the total cost of such shipment, without prejudice that both may be subject to change depending on the delivery destination and the particular circumstances that may be associated with the delivery.
In no case will Healthinfoods.com be responsible for any customs charges that may be applicable, nor for the possible retention of the shipment in the customs of the destination country because the entry of its contents is limited in the destination country. It is the responsibility of the end user, before making the purchase, to verify that the products purchased comply with all the local legal requirements, as well as the customs charges that must be paid in order to receive the product.
3.4 OFFERS AND PROMOTIONS
Healthinfoods.com may launch offers, additional discounts and/or promotions, which shall have a specific duration, subject in all cases to the requirements or limitations in terms of time or availability expressly indicated in each specific offer.
4. USER REGISTRATION
Regardless of whether or not you are a Healthinfoods.com customer, you can register as a user of our platform, so that you can periodically receive the launch of campaigns and promotions on the products we are going to market, and information of interest.
Registration as a user is completely free and can be done electronically through the following link [my account], where you must enter all your real and truthful data, as this will be the only way we will be able to process any orders you place in the future.
In addition to this procedure, we offer you the possibility of registering as a user through our official page of our social networks, or registration campaigns carried out from other web portals enabled as an official means to register as a user.
Under no circumstances will Healthinfoods.com be responsible for the veracity of the registration data provided by the end users, so each user is responsible for the possible consequences, errors and failures that may subsequently arise from the lack of quality of the data.
4.1 USER REGISTRATION REQUIREMENTS
Purchases of products through Healthinfoods.com are only permitted to natural persons, and under no circumstances to companies and/or professionals who wish to market these products through other sales channels. These groups must purchase these products directly through the usual distribution channels.
In this sense, under no circumstances will registered users be accepted who are partners, managers or staff members of pharmaceutical establishments, or any person directly or indirectly related to them up to and including the second degree of kinship.
Under no circumstances is the transfer of the registered user account between different people allowed, being at Healthinfoods.com’s disposal the elimination of the same as soon as it is detected.
In any case, it is essential to be over 18 years old to be a registered user.
The user may unsubscribe from the service whenever they wish, by writing to firstname.lastname@example.org, indicating their user name and the specific service they wish to unsubscribe from. You may also request to unsubscribe from receiving our email notifications through the same email or through the link indicated for this purpose in all the emails you receive. The process of unsubscribing from notifications may take 48-72 hours.
In any case, once the deregistration has taken place, the user may request a new registration as a client, with the exception of Healthinfoods.com’s right not to accept said registration in the specific cases specified in the clause entitled “Unauthorised uses” or in the event of a conflict or dispute arising between the parties, due to the resolution or termination with acknowledgement of the client’s fault or negligence and/or damage to Healthinfoods.com, its collaborators and associates or its users, clients or potential clients.
5 DISTANCE CONTRACTING
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met.
In any case, the electronic medium on which these terms and conditions of contract concluded by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that the completion of all the phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contracting.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, users are provided, prior to the start of the contracting procedure, with all the information related to the same, which will only be applicable in the event that the user decides to proceed with the contracting through Healthinfoods.com.
5.1 BACKGROUND INFORMATION
These terms and conditions are available to all users of Healthinfoods.com from the following link: [Legal Notice], which is free and available to all.
Access to the contracting process is completely free of charge, with no additional costs associated with it, apart from the cost of the user having an Internet connection.
All the products marketed are perfectly described in the product sheet made available to customers, not being understood to include those issues that have not been expressly indicated therein.
Healthinfoods.com, as a service provider of the Information Society, will file the electronic document in which this contract is formalised. This electronic document will be accessible to the user through the link that will be provided as an annex, from where it can be downloaded and printed by the end user and where the present conditions will be included.
Healthinfoods.com will introduce adequate and sufficient technical means to identify and correct technical errors in the management of the information as soon as this becomes its responsibility.
The language in which the contracting procedure will be processed and in which this contract is formalised will be, unless otherwise indicated, Spanish.
5.2. SALES-RELATED LIMITATIONS
All our campaigns have a specific duration, which may be reduced by the sale of all available stock, which will be indicated by Healthinfoods.com.
In the event that the sale of the product is subject to some kind of limitation, either temporarily or by availability of product units, this limitation will be duly informed in the description of the specific product so that the user has full knowledge before proceeding with the purchase of the product.
The customer may purchase any of the products marketed by Healthinfoods.com at any time, provided that, in the case of products with some kind of limitation, the promotion in question has not ended or the stock has been used up and this has been reported through the platform. In the event that the purchase period does not end before the end of the campaign, Healthinfoods.com reserves the right to cancel the purchase, as it was made outside the period of validity of the campaign.
In the event that Healthinfoods.com becomes aware that a certain product cannot be marketed in a certain country, it will not allow its purchase from that country, nor will it allow its delivery to that country. However, Healthinfoods.com only guarantees this control in the event that the product is purchased and sent within the State of Spain.
5.3 FINANCIAL CONDITIONS
The price of the products marketed is indicated next to the description of each one of them, which is, in all cases, marked in the official currency which is the Euro (€).
All the prices of the products are included together with the rest of the description of the products, which are publicly accessible, without the need to be registered as a user.
All prices shown are final prices, expressly including the Value Added Tax (VAT) applicable in Spain at the time of purchase, without prejudice to the fact that the user will have detailed information on the price of the product at all times.
The user is informed and accepts the operation of a consolidation algorithm included in Healthinfoods.com that may imply a decrease in the final price of the order, without prejudice to the fact that some of the products that the user is going to purchase may have a higher price than the one selected during the contracting process. In any case, the price variation will be applied before the completion of said process and, therefore, before the user proceeds to pay any amount.
In the case of offers or promotions, the prices indicated for each product are the prices applicable to the commercialisation of said product in each specific promotion, each promotion being taken as a reference individually.
5.4.2 CREDITING AND INVOICING
Once an order has been placed by the user and the corresponding payment has been made through any of the payment methods made available by Healthinfoods.com, the platform will send the end customer an e-mail containing all the information relating to the products purchased, their unit price, applicable taxes, as well as the total price of the purchase and the place of delivery of the same.
In any case, the payment of financial amounts through the Internet will be made through the platform provided by an external financial institution, which in any case will be hosted on a website under SSL secure protocol. For your identification, please confirm that the web address of the page from which you are going to make the payment begins with https://.
Healthinfoods.com makes available to the user the possibility of storing, securely, all the data necessary to make payments, so that it is only necessary to enter them in the first purchase, being sufficient in subsequent processes that the user enters a series of identifying data. In order to guarantee that Healthinfoods.com does not have access to the customer’s payment data and that the absolute security and confidentiality of this information is guaranteed, the company’s secure payment platform is used.
[………………………………………], which allows, with total and absolute security, to store the data of the card used to pay, so that future purchases will be much faster and simpler, being only necessary to enter the last 4 digits of the card and the type of card in each of the purchases.
In any case, the purchase will only be effective when Healthinfoods.com receives confirmation of payment from the bank that owns the secure payment gateway. If, for any reason, the transaction is denied by said entity, or the full amount corresponding to the amount of the order (including surcharges for management costs and bank transfer fees) is not provided, the order will be suspended and the end customer will be informed that the transaction has not been finalised.
Finally, the user has at their disposal through the private area all the purchases made so far. In addition, you can request the invoice corresponding to the purchases made by writing to us at the e-mail address email@example.com, specifying your ID card or identification document. In this way, we will be able to obtain the rest of the invoicing data by accessing the customer’s user account.
By accepting these conditions, the user expressly agrees to receive the invoice electronically. Once the user requests the invoice, Healthinfoods.com will send the electronic invoice within 5 working days to the e-mail address provided through the user account. If the customer wishes to receive the invoice on paper, they can contact Healthinfoods.com indicating the postal address to which the invoice will be sent.
In accordance with current legislation, we advise you that we will not be able to subsequently modify the invoicing of the sales made. Therefore, the invoice will be issued in the name of the account holder who actually placed the order, so the customer must ensure that the order is placed in the correct name, and duplicate invoices cannot be issued to send to third parties, nor can they be issued after the guarantee period has elapsed.
6 GUARANTEES AND RIGHT OF WITHDRAWAL
Healthinfoods.com, guarantees that all the products offered are original products of the brand, with manufacturer’s guarantee and without any defect, with their legally recognised guarantee periods.
Parapharmacy products (medicinal products, not considered medicines) are perishable and consumer products and, therefore, do not have a guarantee if they have begun to be consumed or if they have passed the expiry date of preferential consumption that they have established, they have a guarantee of return protected by law due to their nature as consumer goods. Therefore, once the Products have been collected, or in the case of products delivered to the customer’s home, returns will only be accepted in the event of any defect beyond the control of the end customer or manufacturing defect, provided that the product has not been opened.
The rest of the products marketed through Healthinfoods.com have the legally established minimum guarantee period, which will be that of the nature of the product itself.
However, and given the characteristics of the commercial products, customers should be aware that these, being mostly aesthetic, food and parapharmacy products, have their corresponding expiry dates and preferential consumption, guaranteeing in any case that at the time of marketing the products have sufficient time for consumption.
In the event that the marketed product shows any defect, please contact the customer service of Healthinfoods.com immediately to start the procedure for returning the product. As soon as the defects are verified, the product will be repaired or replaced, or a discount on the price or a refund of all the amounts paid, as appropriate in each case. Under no circumstances will these procedures entail a cost for the customer.
To claim and enforce the warranty, the consumer may contact both the seller and the manufacturer of the product within a general period of 2 years from the delivery of the product and always in accordance with the conditions and limitations set out in the applicable regulations. If the defect or lack of conformity becomes apparent more than 6 months after delivery of the product after purchase, the customer must prove to the manufacturer or seller that the fault, defect or lack of conformity already existed when the product was delivered.
In case of non-conformity with the product received, the consumer is obliged to inform the seller within two months of becoming aware of the non-conformity.
When a product is not in conformity, the customer may choose between replacement or repair of the product, without the customer being charged for the costs involved.
To register the complaint and start processing the incident, the customer must write an email to firstname.lastname@example.org indicating the facts and will be provided with the necessary instructions to deal with the request.
6.2 RIGHT OF WITHDRAWAL
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, users are hereby informed of the following aspects:
All users may exercise their right of withdrawal within a maximum period of 14 calendar days from the time the product was received, and it must be exercised directly against Healthinfoods.com. Users who wish to exercise their right of withdrawal with respect to the purchase made must follow the following steps:
The user must inform Healthinfoods.com of their wish to exercise their right of withdrawal through any of the customer service channels, by writing to email@example.com, or by requesting it using the withdrawal right form that can be found at the following link: Withdrawal form, or, if you prefer, by sending any other unequivocal statement that you wish to exercise your right of withdrawal. Once received, Healthinfoods.com will inform the user how to proceed with the return of the product, even before starting the contracting process described in these conditions.
The user must assume the direct costs of the return, informed in any case by Healthinfoods.com during the process. Likewise, any possible damage or deterioration of the product during transport and the resulting liabilities will be assumed by the user.
In the case of sealed products that are not suitable for return for reasons of health protection or hygiene, the user must deliver the product properly packaged, unsealed and without clear signs that it has been opened, used and/or manipulated. Once the product has been received, if any type of manipulation, damage or sign is detected that suggests that the product in question has been manipulated, opened, modified, altered or that there is a risk of this, the product in question will be returned immediately to the end customer by cash on delivery, with the user bearing the postage costs. In this sense, the return will be accepted for all those products that are intact, and do not present any type of manipulation of the protective film of the box or packaging.
In the case of products that require opening and use in order to know if they work properly, to accept the return Healthinfoods.com will require that the returned product is in perfect condition, with all its elements and packaging. Any return that does not meet these conditions will not be processed. You are also informed that if you do not return the product in its original packaging, the product may be subject to depreciation.
Once the request to exercise the right of withdrawal has been received, the system will send an e-mail confirming that it has received the request. Subsequently, it will proceed to refund the amount paid (including, if applicable, the delivery costs and minus the direct costs of the return in the event that the transport offered by Healthinfoods.com has been used) within a maximum period of 14 calendar days from the time of receipt of the request for the right and receipt of the purchased product. In any case, the payment of the economic amounts will be made through the means used by the user to make the initial payment, unless the user states otherwise, in which case additional costs may be incurred.
Similarly, and in accordance with the provisions of current legislation, it will not be possible to exercise the right of withdrawal in those cases in which products are purchased which are made according to the consumer’s specifications or clearly personalised, or which, due to their nature, cannot be returned or which may deteriorate or expire rapidly. Likewise, it shall not be possible to exercise the right of withdrawal when products that are already unsealed are not suitable for return for reasons of health protection or hygiene.
Notwithstanding the above, Healthinfoods.com, in order to guarantee the protection of users, will proceed to refund the economic amounts paid by the customer as soon as possible, although in no case can Healthinfoods.com guarantee that the refund period will be the same as the period used for delivery. The refund will always be made using the same method used to make the initial payment.
Healthinfoods.com will reimburse the user the price of the product, as well as the initial shipping costs. The user always assumes the costs of return.
In the event that the user requests the exercise of their right of withdrawal, the end customer will be reimbursed all the financial amounts initially paid, including, where appropriate, delivery costs, without undue delay and, in any case, within 14 calendar days from the date on which the right of withdrawal was requested and provided that the product or proof of the return of the product has been received. However, in the event that the user has been offered different delivery methods and has expressly selected a delivery method other than the least expensive standard delivery method, Healthinfoods.com shall be entitled not to reimburse the additional costs arising from such delivery method.
6.3 RESPONSIBILITIES OF HEALTHINFOODS.COM
Healthinfoods.com is obliged to ensure that the contents, data or information regarding the products or services offered on its website are reliable, truthful and accurate, and is responsible for the prices and characteristics advertised. However, it shall not be held responsible for any information that has been introduced, displayed or modified by third parties outside the provider.
We always ensure that the description of the products is as accurate as possible to reality.
All the products offered have the legally recognised guarantee periods, without prejudice to the fact that most of the products offered are parapharmacy products that have their corresponding expiry dates and preferential consumption.
6.4 CUSTOMER CARE
Healthinfoods.com, as the responsible party for the online platform in charge of the marketing and sale of the products, offers end customers customer service in Spanish, available 5 days a week, from Monday to Friday, from Monday to Thursday from 09:00 to 19:00 hours and on Fridays from 09:00 to 18:00 hours, in which due attention will be given to all queries, complaints and questions raised in relation to the purchase of products through the Healthinfoods.com system. The contact channels made available are:
Email address: firstname.lastname@example.org
Through this contact form
In order to guarantee direct attention by the customer service department, in the event that a user has a complaint, they will be provided with an identification number, which will be sent to their e-mail address with proof of the complaint submitted.
Healthinfoods.com will respond to the complaints received as soon as possible and in any case within a maximum period of 1 month from the submission of the complaint.
In accordance with the provisions of Regulation (EU) 524/2013, which applies throughout the European Union, Healthinfoods.com provides you with the following link:
Through this link, you can access the European Online Dispute Resolution Platform (ODR). If you have had a problem with a purchase or the provision of an online service, you can use this means to lodge a complaint or opt for out-of-court settlement of the dispute.
7 ‘CONFIANZA ONLINE’ MEMBERSHIP AGREEMENT
Healthinfoods.com, in its efforts to guarantee and promote security and trust in purchases made over the Internet, has been a member of the Confianza Online seal since 2020, and is therefore subject to full compliance with the obligations expressly set out in the Code of Conduct published by this entity.
8 UNAUTHORISED USES
In this regard, the customer agrees:
Not to use the platform or any of the elements that integrate it, to develop timesharing operations, to become a provider of software application services insofar as they are aimed at making it possible for third parties to access the platform or any of its components, through rental operations, administrative services or any others of similar consideration, sharing them or making them available to third parties.
Not to subject the platform or any of its elements to activities that lead, directly or indirectly, to the decompilation of its software, that imply its subjection to operations of an inverse nature to those that determined its construction or that, ultimately, constitute or may constitute operations of regressive or inverse engineering, decompilation or disassembly. Nothing in this contract shall be understood as authorising access to the platform’s source code.
Not to publish the platform, nor use it as a system for the management and exchange of illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
Not to subject the platform to workloads that are clearly aimed at destabilising it, including denial of service attacks (DDoS) or similar situations. In the event that this type of situation is detected, the service level indicated above shall not apply, and shall be considered an emergency situation.
Not to carry out acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by Healthinfoods.com, as this activity may be considered an act of unfair competition and infringement of the intellectual and industrial property rights that Healthinfoods.com holds over the platform.
Not to translate, adapt, improve, transform, correct the platform, or any of the elements that comprise it or in any other way modify it, and may not incorporate the platform into other software or platforms owned or provided by third parties.
Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that Healthinfoods.com, as the legitimate holder of the rights, incorporates into its intellectual or industrial property properties (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
Inform Healthinfoods.com of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
It is forbidden to force failures or look for security breaches in the platform.
9 INTELLECTUAL AND INDUSTRIAL PROPERTY
Healthinfoods.com is deeply committed to the protection of intellectual property rights. That is why we have established the following conditions:
The client expressly acknowledges that Healthinfoods.com holds all right, title and interest in the platform and the tools associated with it, as well as in all its modules, modifications and updates and in any element and/or functionality developed on it.
For these purposes, Healthinfoods.com acknowledges, without limitation, the ownership of all copyright, intellectual and/or industrial property rights, being able to exploit the platform, without any restriction of a temporal, territorial, media or exploitation modalities nature and without any limitations other than those established by law, all the contents published on it. However, the logos of all the products marketed are the exclusive property of healthinfood.com.
The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of Healthinfoods.com, and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the client without the prior express consent of Healthinfoods.com.
The provision of the platform or mere access by the client does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favour of the user other than that expressed in this clause.
In order to allow the customer to use the platform, which is the exclusive property of Healthinfoods.com, the latter hereby grants the customer a non-exclusive, non-transferable, revocable, non-sublicensable and non-sublicensable licence to use the platform for the duration of the present contract, which is limited in time to the duration of the present contract, unlimited in space insofar as it can be accessed from any computer with Internet access, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and/or public communication is absolutely forbidden, regardless of the means used to do so, with the client or third-party infringer assuming all direct or derivative responsibilities that may arise.
For any aspect that is not expressly recognised in this contract, all rights are reserved in favour of Healthinfoods.com, being necessary the written authorisation of Healthinfoods.com to be able to carry it out.
The parties undertake to fulfil their legal and contractual obligations under this contract. If one party fails to fulfil any of its obligations, or hinders the other party’s fulfilment of its obligations, the other party shall be entitled to claim compensation for damages, both for consequential damages and loss of profit.
The parties shall be liable for the breaches in which they have personally incurred, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and any damage arising from such breaches or errors attributable to the other contracting party.
Healthinfoods.com shall not be liable in the event of unavailability of the product or impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or data provided by the user. However, in such cases, Healthinfoods.com will immediately contact the customer in order to find the best solution to the case.
Healthinfoods.com shall use its commercial and technical best efforts to keep its services available through the website and the promotional voucher validation widget, which is an obligation that shall not, however, apply to any lack of availability or performance caused by:
Temporary inactivity of the website due to updating and/or technical maintenance, of which the seller will be previously informed by e-mail within a maximum period of 48 hours, provided that they are known or communicated to Healthinfoods.com with a period of notice greater than that indicated;
Causes beyond the control of Healthinfoods.com: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the website, actions or omissions by third parties, etc.
In all the aforementioned cases, beyond the control and due diligence of the owner, Healthinfoods.com shall not be liable to compensate the customer for loss of profits, damages or losses.
In the event of closure or suspension of the website for reasons beyond the control of the parties, the client will be promptly informed of the transfer of the service to a new domain, modifying only the stipulations of this contract in relation to the domain in which the platform remains active.
11 SAFEGUARD CLAUSE
All clauses or terms of this contract must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the conditions of use.
12 APPLICABLE LEGISLATION
These conditions are expressly subject to the provisions of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 of 16 November, which approved the Law on Consumers and Users, Royal Decree 1906/1999 of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, Law 7/1998, of 13 April 1998, on General Contracting Conditions, Law 7/1996, of 15 January 1996 on the Regulation of Retail Trade, Regulation (EU) 2016/679, General Data Protection Regulation and other legislation of a general nature or of subsidiary application in accordance with the basic principles of the Spanish legal system.
Without prejudice to the above and the application by default of the Spanish national regulations, as Healthinfoods.com is not a service provider of the information society that directs its services to a State other than Spain, in accordance with the provisions of the Directive and only in those cases in which compliance is mandatory, Healthinfoods.com will apply the particular conditions that may be applicable in the country of residence of the final consumer.
13 RELEVANT COURTS
These Terms and Conditions are governed by Spanish law. The parties submit, at their choice, to the courts and tribunals of the user’s domicile for the resolution of disputes and waive any other jurisdiction. Likewise, as a member of Confianza Online and under the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection and the protection of minors, the user may resort to Confianza Online’s out-of-court dispute resolution system (www.confianzaonline.es).
To submit complaints about the use of our services, the customer can contact us by mail at the e-mail or physical address indicated in the “Identification” section, and we undertake to seek an amicable solution to the conflict at all times.
Last updated: 27 October 2020.
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