The present Terms & Conditions of Use regulate the use of the WEBSITE “www.nutritienda.com” (the “Website”) under the name Nutritienda.
INTRODUCTION & DEFINITIONS
The present document establishes the conditions under which we request the use of this website and the purchasing of products therein. Please read the following conditions carefully before using our website. On using or placing an order through this website, you consent to be bound by these terms and conditions, and consequently, if you do not agree with all conditions, you should refrain from using our website. These conditions may be subject to change at any time. It is your responsibility to read them periodically, as the conditions in force at the time of using the website or concluding the contract will be those applicable to you.
In the event of doubts concerning any of the following conditions, do not hesitate to contact Nutritienda via firstname.lastname@example.org email@example.com .
- USER: anyone who accesses the WEBSITE, even if they do not make a purchase, and who uses, accesses or has access to the CONTENTS provided therein.
- CONTENT: any information, text, links, software, material, tools (including photos of Products and Services Offered), etc., which are made available and accessed solely online through the WEBSITE and by browsing through it.
- REGISTERED USER: any USER who registers on the WEBSITE by filling in the registration form and who can access the private user area provided on the WEBSITE.
- LEGAL TERMS: all those general and specific conditions provided on the WEBSITE, in addition to any applicable legal regulations.
- SPAM: is defined for the purposes of these general terms and conditions as the indiscriminate sending of messages to e-mail accounts without prior authorisation from the e-mail address holders.
This website is operated under the name Nutritienda Healthcare & Beauty S.L., whose registered office is at C/ Holanda 28971, Post Code 28971, Griñón, Madrid, email address firstname.lastname@example.org
Through the WEBSITE, Nutritienda makes access to a series of CONTENT available to the user, which may be supplied or provided by Nutritienda itself or by third parties, the main purpose of which is the provision of commercial information. Within the WEBSITE itself, there may be areas of access and use of the CONTENTS that are either free or restricted. Restricted areas are accessed with the USERNAME and PASSWORD assigned to the USER, in accordance with paragraph B.4 of the present general conditions.
Nutritienda reserves the right to limit, interrupt or suspend access to the WEBSITE, or use of all or any of the CONTENTS, whether free or restricted, at any time. Furthermore, Nutritienda reserves the right, at any time, to modify the positioning of CONTENTS within the WEBSITE, as well as the configuration of both the CONTENTS itself and access to the aforementioned, including WEBSITE design.
B.1. Access and general use of the WEBSITE by the USER.
The USER clearly and unequivocally accepts that access to and use of the WEBSITE does not imply any type of guarantee, which is expressly waived by Nutritienda, regarding the suitability of the CONTENTS included therein for particular or specific purposes of the USER. Consequently, both access to the WEBSITE, and use of its CONTENTS, are under the exclusive responsibility of the USER. Nutritienda will under no circumstances take responsibility for any direct or indirect damages, nor consequential damage or loss of profits resulting from use of or conclusions drawn from the CONTENTS by the USER, whether accessible through the WEBSITE or “links” to existing third party websites. Furthermore, Nutritienda will not be held responsible, indirectly or otherwise, for the CONTENTS provided by third parties (nor for the marketing or production conditions of the aforementioned), for the contents, information, marketing, feedback or statements of any type expressed or dispensed by third parties and available on the WEBSITE. Under no circumstances does Nutritienda provide a guarantee for or offer support surrounding the procurement of products and services from third parties.
The USER clearly and unequivocally accepts that Nutritienda can at any time establish additional conditions or restrictions surrounding access to the WEBSITE and the use of its CONTENTS, with which immediate compliance must be observed by the USER without prior notification.
Access to the WEBSITE is provided by Nutritienda in good faith, with the understanding that some of the CONTENTS may be provided by third parties. Nutritienda advises, and the USER knows and accepts, that some of the data or available texts may not be completely precise or updated, despite Nutritienda's best efforts to achieve this, and as such, Nutritienda will only and exclusively be held responsible for contents directly relating to Nutritienda, and expressly identified with its Copyright.
B.2. Authorised use of the SITE and its CONTENTS.
The USER expressly and unequivocally declares that they will make use of the WEBSITE and its CONTENTS in accordance with the legal texts, present terms and conditions, specific CONTENT conditions, as well as any applicable laws, and with good usage and customs, and in good faith and public order. In all cases, and with purely declarative character, the user commits to:
a) not access or use the WEBSITE, or its CONTENTS, for any activity not permitted in accordance with the WEBSITE´s legal framework. The USER must not access or use, or try to access or use, any CONTENTS and/or RESTRICTED areas of the WEBSITE without authorisation. Moreover, the USER must perform such access and use of restricted areas using the procedures and tools that the WEBSITE itself has established for it, without in any case, whether the USER is authorized or not for access and use of restricted areas and CONTENTS, the use of any procedures, means or computer tools that seek to circumvent the security and identification measures provided by Nutritienda or third parties.
b) Access and/or use the WEBSITE and/or the CONTENTS within the principles and purposes for which they were created and made available to the USER, also respecting the format in which they are made available and the legal terms set out herein. In order to comply with these principles and purposes, the USER, by way of example and without limitation, commits to: 1) Not carry out, or try to carry out, with general character, regarding the WEBSITE and its CONTENTS available therein, and with special character, regarding the rights of Nutritienda or any third party, any action that results in or can result in direct or indirect damages. 2) Not carry out, or try to carry out any action that affects the protective rights of the intellectual or industrial property of Nutritienda or any third parties, both of the WEBSITE itself, of the CONTENTS available therein, or any other COMPONENTS, whether this be, among others, modifying, manipulating or deleting contents, content templates or comments. 3) Not carry out actions that damage or can damage Nutritienda or third party operating systems, or actions deemed to affect or have the possibility to affect the normal progress of the WEBSITE’s purpose. Included within these actions is the introduction of computer viruses or malware to Nutritienda operating systems, and those of USERS or any third party, that affect or can affect the WEBSITE in any way, as well as actions aimed at the distribution of viruses or malware both on the WEBSITE and on the network through the WEBSITE.
c) Do not place any false or fraudulent orders. If there is reason to believe an order of this nature has been detected, we are authorised to cancel said order and inform the relevant authorities.
d) Provide, truthfully and accurately, their email address, postal address, and/or other contact information. Additionally, the USER consents that Nutritienda can use such information to contact him/her in the event that it is necessary.
e) The USER will be held responsible for any and all damages (and charges) of any nature that Nutritienda, any other USER or third party suffers as a consequence of improper use of the WEBSITE or its CONTENTS. Similarly, USERS will be held responsible for any costs incurred by Nutritienda as a consequence of an administrative ruling, court ruling, or settlement compensating third parties for relating damages caused.
The USER expressly and unequivocally declares that he/she commits to not reproduce or copy, distribute, allow access by members of the public via any means, change or modify CONTENT, unless authorised to do so by the owner of the corresponding rights, or with legal consent, nor infringe or try to infringe any safeguards or screening methods of the CONTENT put in place, for example, those concerning the protection of intellectual or industrial property.
The USER commits to not obtain or try to obtain CONTENT, employing, for the above means, any methods or processes other than, depending on the circumstance, those provided for this purpose, or those expressly indicated on the web pages where the CONTENT is found, or, in general, those frequently employed on the Internet so as not to risk the possibility of incurring damage or misuse of the WEBSITE and/or its CONTENT.
B.4 Access and use of the SITE by REGISTERED USERS.
Once the present terms and conditions have been accepted by the user, and the necessary inscription steps have been completed, they will receive a USER name and PASSWORD which will grant them access to restricted areas.
In the event that the USER forgets their password, they will be able to make use of the “Forgotten your password?” tool. Any event that may pose a risk to access and/or imply use by unauthorised third parties should be communicated immediately by the USERS using the following email address email@example.com. in order to block and replace the password in question.
The USER hereby agrees not to provide false data, in particular data relating to age, sex or address, whether it be postal address or e-mail address.
The USER will be held responsible for all damages and losses, of any nature, that Nutritienda may suffer as a result of the provision of false information. Similarly, USERS will be held responsible for any costs incurred by Nutritienda as a consequence of an administrative ruling, court ruling, or settlement compensating third parties for relating damages caused.
In any event, Nutritienda reserves the right to freely accept or reject the registration or any purchases made by the USER.
The REGISTERED USER will be able to manage any communication from Nutritienda by using the option "notifications" of his/her private area he/she can activate or deactivate the notifications that he/she wishes to receive or not. This operation will in no way impair the USER’s access to and use of CONTENT.
In the event that the WEBSITE or any commercial communications sent by Nutritienda include references or links to third party products and/or services, or third party WEBSITES that include their products and/or services, the USER expressly accepts that Nutritienda does not guarantee, nor will be held responsible for the procurement of said third party products and/or services, nor the quality, features, etc. of said products and/or services. Nutritienda would not be a contracting party in such an acquisition but only the USER and the third party, with Nutritienda acting as a mere communication channel, but neither endorses nor promotes such products. The commercial transactions that take place must be subject to the legal provisions in force, and in particular those established in Law 7/1996 and the Law on the Regulation of Retail Trade, as well as in the legislation relating to online sales, which implement the aforementioned, and Law 34/2002, of 11 July, on Information Services and Electronic Commerce. Furthermore, on 27 March 2014, Law 3/2014 of 27 March 2014 was passed, amending the revised text of the General Law for the Defence of Consumers and Users (LGDCU) and other complementary laws. The law transposes EU Directive 2011/83 on consumer rights into national law, and contracts concluded on or after 13 June 2014 will be governed by the new law.
Should third party CONTENT exist on the WEBSITE, Nutritienda does not edit or produce such CONTENT, and therefore does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such CONTENT. Nutritienda shall in no event be liable for any damages that may arise from:
(1) the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the CONTENT originated by third parties;
(2) inadequacy of any kind and disappointment due to expectations created by the CONTENT;
(3) the decisions or actions taken, or avoided, by the USER in relation to the information or data provided in the CONTENT, including but not limited to missing out on an offer or business opportunity.
Any resulting complaint that might occur regarding these matters should be made against the third party responsible for the CONTENT, goods, and/or services in question.
C.1 Service Availability del servicio
The items offered on this website are only available for delivery within the national territory.
C.2 Conclusion of contract
Consent is manifested by the concurrence of the offer and the acceptance of the offer and the purpose that are to constitute the contract. As the offeror and the acceptor are in different places, consent is expressed from the moment the offeror is aware of the acceptance of the offer, or, from the moment of its acceptance, being unable in good faith to be ignored. The contract, in such a case, is presumed to be held in the place where the offer was made. For contracts concluded by means of automatic devices there is consent as soon as acceptance is expressed.
C.3 Product Availability
All orders are subject to availability. In this respect, if difficulties arise regarding the distribution of products or if they are out of stock, we will offer the USER the same product in a different flavour, where applicable. If the product offered does not meet the USER's expectations, the USER will be offered the possibility of partially or totally cancelling the order with the corresponding refund in the event that the order has been paid for.
C.4 Refusal to process an order
Nutritienda reserves the right to withdraw any product from this website at any time, and to remove or modify any website content. We will not be held responsible by the USER or any third party for withdrawing any product from the website, independent of whether said product has been sold or not, or for removing or modifying any web content.
When selecting a particular product, it’s important to pay attention to the delivery date indicated above “add to order”, as it may take from 24 to 48 hours to be processed, depending on the product and the time the order is placed.
If you select products with different delivery dates, your order may consist of more than one shipment. If the cash on delivery method of payment has been selected, the USER must pay the full amount of the order on receipt of the first shipment.
Direct Stock refers to available products at our main warehouse that are ready to be sent immediately.
Indirect stock refers to products that are not available at our main warehouse
but are available in a secondary one. These products have to be shipped to our main warehouse before being shipped to our customers.
If the USER places the order before 12:00 noon, Nutritienda will receive the products the next day. If, on the other hand, the order is placed after 12:00 noon, Nutritienda will receive the products in 48 hours.
At the time the order leaves Nutritienda's facilities, the USER will receive a notification e-mail with a tracking number in the event that he/she may need to find out the status of the order.
It is from this moment that the delivery process starts.
If the USER is not at home at the time of delivery, the shipping company will leave a delivery attempt receipt or will notify the USER by SMS so that he/she can contact the nearest branch and arrange a new delivery time.
Once all above steps are completed the USER will receive the order at the agreed place of delivery.In Mainland Spain Ni¡utritienda work with various delivery companies.
- MONIAL RELAY PUNTO PACK: orders confirmed with this shipping company before 17:00 (on business days) will arrive at the selected collection point before 20:00 the following day from Monday to Friday, excluding public holidays. When selecting the collection office, the USER can consult the opening hours, so that once he/she receives notification that the order is available, he/she may collect it.
- MRW: orders confirmed with this shipping company before 17:00 (on business days), will arrive at their destination before 20:00 the following day from Monday to Friday, excluding public holidays.
- NACEX: orders confirmed with this shipping company before 17:00 (on business days), will arrive at their destination before 19:00 the following day from Monday to Friday, excluding public holidays and hard to reach locations.
- DHL: orders confirmed with this shipping company before 17:00 (on business days), will arrive at their destination before 20:00 the following day from Monday to Friday, excluding public holidays and hard to reach locations.
- TIPSA: orders placed with this shipping company before 17:00 (on business days), will arrive at their destination before 20:00 the following day from Monday to Friday, excluding public holidays.
Depending on the warehouse from which the order is shipped, the delivery time may vary.
There are several possibilities:
- The products purchased corresponds entirely to direct stock, which means that the USER will receive the order within 24 hours as long as it meets the conditions described above.
- The purchased products correspond to indirect stock, which means that the USER will receive the order in 48-72 hours.
- The order consists of products from both direct and indirect stock. In this case, the USER will receive an initial delivery within 24 hours, and then a subsequent delivery. There is one exception: if the sum of the products in the first shipment does not amount to €30, the products will be held until the second shipment arrives in order to be sent together.
C.6 Unsuccessful Delivery
If delivery has proved unsuccessful on two occasions, the courier service will contact the USER to arrange a new delivery or to notify the USER where the order is available for collection.
C.7 Product Rish¡k and Ownership
Product risk shall be assumed by the USER from the moment of delivery. The USER will gain ownership of the products once we have received the full payment of all amounts owed in relation to said products, including shipping costs, or at the time of delivery if it takes place at a later time.
C.8 Price and Payment
The price of each product is the one stipulated on the website at any given moment, except in cases of obvious error. Despite our efforts to ensure the accuracy of all the prices that appear on the webpage, errors can occur. If Nutritienda should detect an error with the price of any of the products that the USER has ordered, the USER will be informed as soon as possible and will be given the option of reconfirming the order at the correct price or cancelling it. If contacting the customer is unsuccessful, the order will be cancelled. Nutritienda will not be obliged to supply the product, and the order will be cancelled. We shall not be obliged to deliver any product at a lower, incorrect price if the error is obvious and unambiguous and could reasonably have been recognised by the USER as an incorrect price. The prices on this website include the relevant VAT, but exclude delivery charges, which will be added to the total amount due as set out in our Delivery Charges Guide.
In order to proceed with the payment, the USER must follow all the instructions shown on the corresponding page of the payment process at www.nutritienda.com. Payment of the purchase price and shipping costs can be made by credit or debit card or PayPal.
•SECURE PAYMENT BY CREDIT OR DEBIT CARD (PAYCOMET)
Nutritienda has included the PAYCOMET standard service (Sabadell Bank) for greater convenience and flexibility of purchases. Therefore, the USER will now be able to make the payment by entering their card details and save them to enjoy secure, fast payment on future purchases.
Nutritienda does not store or disclose credit or debit card data. The data are sent via an encrypted and secure channel to the PAYCOMET platform.
This payment method is not available for orders over £400.
- Security Policy:
All transaction information transmitted between this site and PAYCOMET (Sabadell Bank) is encrypted using 265 bit SSL certificates. All cardholder information is encrypted when transmitted and all messages sent to its servers from PAYCOMET (Sabadell Bank) are signed using SHA hashing to prevent tampering. Information that is transmitted to PAYCOMET (Sabadell Bank) servers cannot be examined, scanned, used or modified by any external party that gains access to confidential information.
- Encryption and data storage:
Once the payment reaches PAYCOMET, confidential information is protected using 1024-bit encryption. The encryption keys are kept in volatile high security systems that require double authentication which prevent extraction of data. Banks, security agencies and banking institutions carry out regular audits to guarantee data protection.
- System Security:
The PAYCOMET (Banco Sabadell) system is reviewed on a quarterly basis by means of specific ISO tools, an independent Qualified Security Assessor (QSA) and an Approved Scanning Vendor (ASV) by the credit and debit card companies.
PAYCOMET also undergoes an annual audit in accordance with the Payment Card Industry Data Security Standards (PCI DSS) and is a fully approved Level 1 Payment Service Provider, which is the highest level of data security.
- Links with banking institutions:
PAYCOMET has several private links to banking networks that are completely independent of the Internet and do not cross any publicly accessible networks. All cardholder information sent to banks and all authorisation messages sent in response are protected and cannot be tampered with.
- Internal security:
PAYCOMET is audited for access controls in production environments. The DPC's where the systems are hosted operate in accordance with the requirements for Tier III centres. This ensures that safety is not compromised at any time. Sophisticated alarm systems, CCTV surveillance and security guards on the premises 24 hours a day, 7 days a week, as well as rigorous monitoring and maintenance, are in place. All the information from transactions and customers' cards is protected even from Nutritienda employees.
- Disaster recovery:
PAYCOMET has Backup Systems in different countries to guarantee optimal system security and availability. Furthermore, it has a comprehensive business continuity and disaster recovery policy.
• PAYMENT BY PAYPAL
If the USER has a PAYPAL account, Nutritienda offers the PayPal payment method, a safe, quick and easy way to pay for orders.
When choosing this payment method, however, the amount of your order may not exceed €1000.
Once the USER has placed their first order using this payment method, they can click on "Remember passwords" so that when they wish to make another purchase using the same payment method, they do not have to enter their details again and the purchase is made directly. This authorisation can be revoked at any time by the customer on the PAYPAL platform.
C.9 Value added tax (VAT)
In accordance with the provisions of Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the supply of the goods shall be deemed to take place within the territory where Spanish VAT applies if the delivery address is within Spanish territory, except for the Canary Islands. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific item in question. In the case of deliveries to XXXXXXX the price includes all national taxes on the purchase.
C.10 Exchanges and returns policy
If the USER has made a purchase and for any reason no longer wants the item and wishes to return it, the easiest way for us to help is to contact our Customer Service department via the following e-mail address firstname.lastname@example.org .
You may however always exercise your right to cancellation by any means permitted by law.
Before doing this, there are several conditions that must be met:
- Returned products must be in perfect condition, with the original packaging and labels, promotional products, and anything related to the purchase of the product in question.
- The right to cancellation expires after 14 calendar days of receiving your order..
- In the event of a cancellation, Nutritienda must reimburse the full amount of the order.
- Returns must be made as soon as possible within 14 calendar days of notification by the customer.
- The refund will be made to the same credit or debit card used to pay for the purchase, by bank transfer, or to a bank account held solely by the person who placed the order, always taking into account the method of payment used.
* Who pays postage costs of returns?
- If you wish to carry out a return because you no longer want or do not like the product (cancellation), you will have to pay for all postage costs.
- If the product is broken or in poor condition, Nutritienda will be responsible for the logistical costs of the return.
If you reject an order on delivery which has already been paid for, Nutritienda will refund the amount of the purchase minus any shipping costs.
Exceptions to the right of cancellation that apply at our store
The right of cancellation shall not apply to orders relating to:
a) The supply of goods that can deteriorate or expire quickly.
b) The supply of sealed goods that aren’t suitable for return for
hygiene and health reasons that have been unsealed upon delivery.
c) The supply of goods that after having been delivered, and considering their nature,
have been irreversibly mixed with other goods.
d) The supply of goods unsealed by the user and without their original packaging.
e) Items identified as gifts acquired through the purchase of an order that are requested to be returned individually.
You can exercise the right of cancellation by completing the following form if you wish (this is
not compulsory). You can read all the details about the cancellation process in this document.
C.11 Products on promotion
Promotions consisting of the application of a general discount on the purchase shall not be cumulative with other discounts and/or promotions. Nutritienda reserves the right to change, suspend or cancel any discounts, promotions or any other special offers. To facilitate the purchase process of our customers, Nutritienda keeps the products and promotions in the shopping basket, even if you log out or do not access the web for several days. However, the availability of all products cannot be guaranteed indefinitely, and the system may automatically remove those products from the shopping basket and/or promotions that are no longer available due to lack of stock or are out of stock at the time the order is placed. Nutritienda recommends that you complete your order as soon as possible to avoid issues with stock and the validity of special offers.
The USER expressly and unequivocally accepts and declares that all intellectual and industrial property rights on the WEBSITE and its CONTENTS and/or any other elements on the WEBSITE including but not limited to illustrative contents such as photos, site design, software, designs, images, databases, texts, sounds, brands, logos, graphics, etc., belong to Nutritienda and/or third parties designated by or identified with Nutritienda. Under no circumstances does access to the WEBSITE or use of its CONTENTS imply any kind of waiver, transmission, licence or relinquishment, total or partial, of said rights, unless expressly established otherwise. The present Terms and Conditions do not grant USERS any other rights to usage, alteration, exploitation, reproduction, or public distribution or communication of the WEBSITE or its CONTENTS other than those expressly stipulated herein. Any other use or exploitation of any rights will be subject to previous, written authorisation, expressly granted by Nutritienda or the third party owner of the affected rights. In the event that the aforementioned authorisation is granted, the use or exploitation will be subject to the provisions set out therein, and in any case the rights will be exercised according to the principles of good faith and in accordance with the legal terms, and the origin and/or author of said rights must be indicated in all cases, with the mentions or references to the intellectual and industrial property provided for and/or the copyright symbol of the owner. Similarly, the authorised printing, downloading and storing of CONTENTS, etc., will be exclusively for the personal, private and non-lucrative use of the USER.
In the event that a user is interested obtaining authorisation for the use of any protected material, they must contact Nutritienda via the following email address email@example.com .
E.1. Disclaimer of warranties and liability regarding access to and use of the WEBSITE.
Nutritienda does not guarantee the availability and continuity of the WEBSITE’s operation, or of any other websites to which a Link has been established. Furthermore, Nutritienda shall in no event be liable for any damages that may arise from:
(1) lack of availability o access to the WEBSITE nor that of its associated sites;
(2) interruption to the functioning of the WEBSITE or its CONTENTS, system failures, telephone faults, disconnection, delays, or crashes caused by error or overloading of the telephone lines, internet connection, or other electronic systems throughout the course of its operation;
(3) the lack of suitability of the WEBSITE or its CONTENTS for the specific needs of the USER and
(4) other damages potentially caused by unauthorised interferences affecting the WEBSITE carried out by third parties and out of the control of Nutritienda personnel.
Moreover, Nutritienda advises that the quality and availability of the CONTENTS provided on the SITE and the use of them by the USER depend to a large extent on whether the hardware and software of the former meet the technical requirements necessary according to Nutritienda’s criteria. Said technical requirements can be brought to light through the WEBSITE or through communications specific to the USERS, and that the USER must fulfill. Therefore, Nutritienda will not be held responsible for a lack of availability of the CONTENTS or their use on the part of the USERS in the event that the former do not fulfill said technical requirements.
With the purpose of reducing the risk of the introduction of viruses to the WEBSITE, Nutritienda uses virus detection programs to control all CONTENTS on the WEBSITE. However, Nutritienda does not guarantee the absence of viruses or the like introduced to the WEBSITE by third parties foreign to Nutritienda that may cause alterations to the physical or logical systems or saved electronic documents and files of the USERS. Consequently, Nutritienda will in no case be held responsible for damages of any kind that may occur as a result of a virus or any other element with the capacity to alter the physical or logical systems, electronic documents or files of the USER.
Nutritienda adopts a variety of protection methods in order to protect the WEBSITE and its CONTENTS against cyber attacks by third parties. Nevertheless, Nutritienda does not guarantee that unauthorised third parties cannot gain the same type of access to the WEBSITE as any USER nor can it be assured of the conditions, characteristics or circumstances in which this access has been gained. Consequently, Nutritienda will in no case held responsible for any damages incurred as a result of said unauthorised access.
Nutritienda advises that in cases of studies, opinions, reports, etc., included as CONTENT on the SITE by Nutritienda or third parties, said CONTENTS are intended for the sole purpose of providing guidance that serves to support the activity of the USER, and as such the USER expressly accepts that in no case will Nutritienda will assume responsibility for any damages incurred, whether directly or indirectly, from the use of or conclusions drawn from the CONTENTS by the USER.
Nutritienda may deny or limit the USERS access to the CONTENTS at any time, as well as remove or withdraw CONTENT, if Nutritienda determines that the current Terms & Conditions and legislation, or the principles that inspire correct use of the WEBSITE are being infringed upon.
E.2 Disclaimer of warranties and liability in relation to Links.
In the event that the WEBSITE provides the USERS with linking devises, directories or search tools that give the USER access to pages and/or websites belonging to and/or managed by third parties, Nutritienda checks the existing contents of said page at the time in which the link is established, and in good faith that the said contents comply with the applicable legislation. In no case however, will Nutritienda be held responsible for, endorse, nor take ownership of the products, services, contents, information, data, files, or any kind of material present on said webpages, nor does it control, endorse, take ownership of, nor will it be held responsible for, any modifications to said materials. In the event that Nutritienda sees fit, or is required to by court or administrative order, it will remove links to any webpage that is in breach of applicable law and/or damaging any third party rights.
All those who wish to establish a link, hyperlink, or link between their webpage and the WEBSITE must obtain prior authorisation from Nutritienda, by submitting a request via the contact section on our website: firstname.lastname@example.org . In the event that said authorisation is obtained, the establishment of the link must comply with the following requirements:
(1) The establishment of the link will in no way involve imitation or reproduction of the WEBSITE, but exist solely for the purpose of allowing access to the WEBSITE. Additionally, access via the link can only be made to the WEBSITE’s homepage and in no case to another page on the WEBSITE.
(2) The creation of frames and boarder environments is strictly forbidden on the WEBSITE.
(3) False, inaccurate, incorrect or deceptive statements or declarations are strictly forbidden on the WEBSITE.
(4) Under no circumstances will it be stated or suggested that Nutritienda endorses, recommends, monitors or manages the CONTENTS or Products and/or Services Offered and made available on linked Webpages. Nutritienda accepts any liability that may be incurred by the webpage (its managers, owners, etc.) regarding both the establishment of a link to the WEBSITE’s “homepage” and services provided, and CONTENTS available on said webpage.
(5) Authorisation to establish a link constitutes solely in accordance with what is provided in that section, and as such, in no case shall it entail the use of or availability of the intellectual or industrial property rights of Nutritienda or third parties on said webpage, without authorisation.
The webpage with which the connection is established cannot contain signs which lead users to believe that there is (where there is not) a partnership between the products, services and contents available and presented on the webpage and those available and presented on the WEBSITE. Furthermore, users cannot be lead to believe that there is (where there is not) a partnership between the physical person, legal subject or entity, that is to say, the owner of said webpage and Nutritienda or third party providers of the CONTENTS of the WEBSITE.
(6) The webpage with which the link is established, during the period in which it is established, cannot provide illicit or fraudulent CONTENTS or services, or which breach present terms and conditions, good faith, common decency or the rights of Nutritienda or any third party provider of CONTENTS on the WEBSITE.
So that this pledge is accurately documented, Nutritienda hereby states the conditions of its Best Price Guarantee Policy.
This policy and its scope of implementation is reserved for the residential public, and is not applicable to Companies or the Self-employed wanting to make a purchase for their legal entity under special conditions.
G.1. BEST PRICE GUARANTEE TERMS & CONDITIONS
1. Nutritienda's commitment is characterised by the fact that the prices offered on the website are the lowest on the market. Therefore, the Nutritienda team will work to ensure that this is always the case. In the event that a price as higher than on another online store is verified, the price indicated by the customer will be matched.
2. The client will have the right to request a price match through the application of our Best Price Guarantee Policy. In order to make this request, you can fill out the form found on the product page where it reads " Have you found a better price?” This way the customer will be able to buy the product at the lower price at the time of purchase, without having to be compensated with refunds on any future orders.
3. The price matching policy will apply to online shops located in national territory, excluding in any case physical shops.
4. We compare prices on more than 100 sites (the most prominent websites in the market) that we examine everyday excluding auction portals and commercial markets, like eBay or Amazon.
5. The application of our price matching policy excludes products form other sites catalogued as OUTLET (with upcoming expiry dates in limited stock) and products out of stock on the reported competitor site.
6. The competitor’s product must be the same brand-product-size-flavour as the one offered by us. Products with different characteristics are not valid under our Best Price Guarantee.
7. Competitor's prices should be lower even after shipping costs are applied, the final price increases by adding the shipping costs to products that have the lower price on the competitors website, the Best Price Guarantee will not be valid if these costs are not included.
8. Prices that include bulk offers or discounts, personalised offers under loyalty schemes, and saver packs are not eligible for a price match.
9. Since we can’t match prices in different geographical zones, the Best Price Guarantee Policy will only be applied if the geographical zones are the same.
10. Nutritienda.com will also match the prices if the USER makes the request within 7 working days after having purchased the product with us, providing that competitor was offering a lower price at the time that you placed the order. We’ll reimburse the difference on your Nutritienda Card for you to enjoy on your next purchases, applying a discount of up to 10% on products that are not already on promotion.
11. Nutritienda reserves the right to reject any request for price matching with competitors when the competitors' information appears to be erroneous or has stock that may not conform to what it claims to be. Nutritienda also reserves the right to suspend or modify this price matching policy at any time.
12. Furthermore, Nutritienda reserves the right to reject requests for price matching from competing websites which have prices below the real cost of the market value or that are considered to affect the goodwill and competitiveness of the market.
13. The Best Price Guarantee Policy won’t be applied to offers made to freelancers, retailers or any other professional collective managed by our competitors.
14. The application of the Minimum Price Guarantee Policy will be considered as a promotion, so it will not be compatible with other promotions that are in force on our website at that time.
1. Any physical person of legal age can participate (hereafter referred to as participants) after having placed 1 order at Nutritienda (via the web, app, or physical shops).
2. In no case will participating customers on the Referral Program be able to refer themselves.
3. The USER cannot refer existing clients, only clients which are not already registered with Nutritienda will be accepted.
4. Successful referrals will be new customers who download the Nutritienda App, register through it and make their first purchase at Nutritienda taking advantage of the new customer 10% discount.
5. The Nutritienda Card credit never expires, so you will always be able to use it.
6. There is no limit to the number of friends you can invite through the Referral Program, so the more friends you refer, the more credit you’ll accumulate and save on your purchases.
7. Only with your “Favourite” referal will you gain 10% discount on all purchases bilaterally.
8. It will only be possible to have one person as your "favourite ". You can only change this “favourite” person once every 6 months.
9. Your referred friends must register via the Nutritienda App.
10. The Referral Program will be applied under the same conditions in national territory as well as in each and every one of the countries where Nutritienda is active.
11. Nutritienda reserves the right to expel and cancel the benefits provided by the Referral Program to users who engage in fraudulent activity.
HOW IT WORKS:
All you need to do is ask your friends to download the Nutritienda App. When a friend registers, their account will be associated with yours, and when they make their first purchase and receive a 10% discount on products not already on special offer, you the USER, as their “sponsor”, will also receive 10% worth of credit taken from the total value of their order on your Nutritienda Card to use on future purchases.
From then on, you will receive credit worth 5% of the value of each of their purchases on your Nutritienda Card, and they will then also be able to participate in the Referral Program.
THE USER will be able to redeem the accumulated balance in discounts of up to 10% of the total cost of their order, in STEP 2 (Payment) of the "Purchase Process” This discount cannot be used with other offers.
Any balance that has not been used will be kept on your Nutritienda Card to be used on future purchases.
The Nutritienda Card balance cannot be redeemed in cash.
Your Nutritienda Card balance never expires.
The Nutritienda Card balance can only be used as a payment method when redeeming prizes from our regular prize draws.
Through the Nutritienda App (both on iOS or Android) the USER can invite friends via Facebook, and promote it on Twitter, Whatsapp or email. You can also copy the link and use it however you choose.
Members will be able to view the statuses of their referred friends in the Referrals section of “My Account”.
The purpose of the creation, existence and maintenance of the database is motivated by the maintenance and management of a commercial relationship, and where appropriate, invoicing, customer service, information, marketing and activities related to these tasks.
The USER is also informed that he/she has the rights of access, modification, opposition and cancellation, which the USER may exercise by written request addressed to Nutritienda Healthcare & Beauty S.L, (registered office) C/ Holanda 28971, Post Code 28971, Griñón, Madrid, or via the following email address email@example.com.
Failure by either party to enforce any of its rights under this contract shall not be deemed a waiver of such right unless expressly communicated in writing.
If any part of this contract is found by a court of law to be illegal or invalid, the remainder of the contract shall continue to apply.
Nutritienda shall not be liable for any failure or delay in the performance of any of its obligations under a Agreement caused by events beyond its reasonable control ("Force Majeure Event"). Causes of Force Majeure include any act, event, omission or accident outside the sphere of Nutritienda’s reasonable control, and without limitation, the following:
1. Strikes, labor stoppages or slowdowns or other industrial disturbances.
2. Civil unrest, revolt, invasion, terrorist attack or threat, war (declared or not), threat of or preparations for war.
3. Fires, explosions, storms, floods, earthquakes, epidemics, or any other natural disaster.
4. Impossibility of the use of use trains, boats, planes, motor or other modes of transport, public or private.
5. Impossibility of the use of public or private telecommunication systems.
6. Any acts, decrees, legislation, rules and regulations, of any government or public authority.
7. Strike, failure or accidents of maritime or inland waterway transport, postal or any other type of transport.
Nutritienda's obligations under Agreement shall be suspended for the period during which the Force Majeure Event continues, and Nutritienda shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. Nutritienda will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable Nutritienda to perform its obligations under Agreement despite the Force Majeure Event.
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain). For more information go to www.confianzaonline.es).
These Terms and Conditions are governed by Spanish law. Furthermore, in compliance with the provisions of the Alternative Dispute Resolution Act, we hereby inform consumers that, as a member entity and under the terms of the Código Ético, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If these are concerning electronic transactions with consumers, or data protection when related to this area, complaints will be resolved by the Confianza Online Mediation Committee, which is accredited for alternative dispute resolution in consumer matters. If any complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
In addition, you can access the European Union's online dispute resolution platform at the following link: : https://ec.europa.eu/consumers/odr/main/?event=main.home2.show”.
In the event of a defective product Nutritienda shall proceed, as appropriate, to repair, replace, reduce the price of or proceed with the termination of the contract. These formalities shall be free of charge for the consumer and user.
Nutritienda will respond to any non-conformities that occur within a period of two years from the delivery date. The consumer and the user must inform Nutritienda of any non-conformity within two months of becoming aware of it.
This warranty is subject to electronic products or all products for which the manufacturer's warranty is applicable.
As well as the terms and conditions, Nutritienda will provide the consumer and user with post-purchase assistance, as well as services and commercial warranties.