VITATIENDA TERMS AND CONDITIONS
Please read these terms and conditions before using this website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions.
By using this website to the fullest extent legally possible, you confirm your unconditional agreement and acceptance of these Terms and Conditions. If you choose not to accept these Terms and Conditions, do not use this website.
We invite you to review the general terms that govern the conditions under which the use of this Website and the purchase or acquisition of products through the website www.vitatiendaeuropa.es (the “Website”) are regulated. However, if you have any doubts about them, you can contact our Customer Service.
These general terms and conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, and Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws.
GENERAL INFORMATION AND CONTACT
VitaTienda Europa Co S.L
OBJECTIVE
The purpose of these terms is to inform potential buyers of the conditions and modalities under which VitaTienda proceeds to sell and deliver requested products and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by VitaTienda to the customer (hereinafter, the "Buyer"). These terms will apply, without restriction or reservation, to all sales of products offered by VitaTienda through the Website.
Therefore, placing an order for products offered for sale on VitaTienda's Website implies full and total acceptance of these terms, which the Buyer acknowledges prior to placing the order.
VitaTienda reserves the right at any time to unilaterally modify these terms and conditions. However, the conditions applicable to the Order will be those that the Buyer had accepted at the time of placing the Order.
These terms are complemented by the general conditions of use of the Website and by the provisions of the Privacy Policy and the Cookie Policy.
FORMATION OF THE CONTRACT AND ORDERS
Rates:
The sale price, indicated in euros, of the products offered on the Website of VitaTienda will be the current price at the time of the order ("Order"). The sale price of the products appearing on the Website may be modified by VitaTienda, being the price applicable to the purchase the one displayed on the screen at the time of placing the Order. This price will be applicable in the framework of distance selling.
The price does not include shipping costs, which will be invoiced as a supplement to the price of the products purchased. Shipping costs will be indicated before the Buyer registers the Order. Different delivery and shipping methods are set out in the "General Provisions" section under the article "Delivery and Reception" of these terms, and will be reminded on the Website; shipping methods may be modified by VitaTienda at any time. Therefore, VitaTienda recommends that buyers periodically consult the terms and conditions that appear on the Website.
Prices will include Value Added Tax (VAT) in accordance with current regulations.
Product Features:
The Buyer may select one or more products from among the different categories offered by VitaTienda on the Website.
Notwithstanding orders made by the Buyer, VitaTienda may at any time modify the assortment of products offered for sale on the Website, particularly as a result of restrictions linked to its suppliers.
In accordance with applicable regulations, the Buyer will have the opportunity, prior to the Order, to know on VitaTienda's Website the fundamental characteristics of the products they wish to acquire.
The products will comply with the requirements of current Spanish legislation. VitaTienda will not assume any responsibility in the event of non-compliance with the legislation of the country other than Spain where the product is to be delivered (e.g., in case of a product ban, etc.). It is the Buyer's responsibility to verify with the local authorities of the country other than Spain where the products are to be delivered the applicable limits for the import and use of the products and services they wish to purchase.
For any questions related to the products or for additional queries or requests for advice, the Buyer can contact VitaTienda's Advisory Team via email at [email protected].
Availability:
The products displayed on the Website will be valid as long as they are advertised on it and, in any case, until the end of stocks. In the case of products that are not in our warehouses, the validity of the offers presented by VitaTienda will be subject to the availability of the products. At the time of placing the Order, it will offer the Buyer information that, in principle, is available about the availability of the products. Since this information comes directly from our suppliers, exceptionally errors or changes may occur, not having the Buyer the real information until the moment of purchase.
In any case, in the event of total or partial unavailability of the products after placing the Order, the Buyer will be informed by email, as soon as possible, of the unavailability of the product and the total or partial cancellation of their Order.
In case of total cancellation of the Order:
• If the customer requests to cancel the order, it can be cancelled as long as it has not left the facilities of VitaTienda, in this case the total amount of the order will be refunded to the Buyer as soon as possible. However, if the order was already prepared and in transit, the buyer should return the products and bear the shipping costs.
• The Buyer's Order will be automatically cancelled if there is no availability of the ordered product and it is the only item in the order. In such a case, VitaTienda's Customer Service will contact the Buyer to inform them of the cancellation of their Order and offer them the possibility of renewing the Order with another product, except for the unavailable product.
In case of partial cancellation of the Order:
• The Buyer's Order will be validated and the full amount of the Order will be charged to their bank account.
• The available products will be delivered to the Buyer.
• The Buyer will be refunded the price of the requested product that was not available, as soon as possible.
Orders:
Placing an Order is equivalent to accepting these terms, the provisions set out in the Legal Notice, and declaring to have read and be aware of the Privacy Policy and Cookie Policy, without prejudice to the particular conditions that the Parties may agree upon.
The Buyer will have the opportunity to check the details of their Order and, if necessary to make a correction in the data, contact us to make the relevant changes.
From the moment the Buyer confirms their Order by clicking on the "Place Order" icon (hereinafter, the "Order"), it will be considered that they have accepted, knowingly, the content and conditions of the Order in question and, specifically, these terms and conditions of purchase, the fact that their Order implies an obligation to pay, the prices, volumes, features, quantities, and delivery times of the products offered for sale and requested by the Buyer.
Once this phase is validated and the order prepared, the Buyer will no longer be able to cancel their Order. The sale is final (subject to the Buyer's right of withdrawal under the conditions provided in the article "Rights and Withdrawal Period" of these terms). The Order will be confirmed by VitaTienda by sending an email to the Buyer (the "Order Confirmation Email").
A second email will be sent to the Buyer at the time of dispatch of their Order.
VitaTienda recommends that the Buyer keep these two emails. The Buyer is informed that these two emails will be sent to the email address that they had provided for identification during the registration process before placing the Order.
Furthermore, VitaTienda assumes no responsibility in case of an error in entering the email address or non-receipt of the Order Confirmation Email. In these cases, the sale will be definitive, except in case of cancellation of the Order by VitaTienda, especially in the case of products without availability. However, the Buyer may exercise their right of withdrawal under the conditions provided in the article "Rights and Withdrawal Period" of these terms.
Once the amount of the Order is charged, an email will be sent to the Buyer, if requested, with their electronic invoice.
In accordance with applicable regulations, VitaTienda reserves the right to refuse or cancel any Order for a legitimate reason, including when the number of products or the amount to be paid (for a single order or for several accumulated orders) or other elements manifest in a way that evidences the development by the Buyer of an economic activity related to the requested products or, generally, any abnormal Order according to the applicable case law.
Lastly, VitaTienda reserves the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in case of payment incidents or in case of fraud, consummated or attempted, related to the use of the VitaTienda Website, including fraud committed in connection with previous Orders.
PAYMENT METHOD
Means of payment - Bank cards:
The means of payment through which purchases can be made on the Website are bank card and Apple Pay or Google Pay. The bank cards accepted on the Website of VitaTienda are: Visa, American Express, MasterCard, and Discover.
All holders of bank cards are subject to validation checks and authorization by the card issuer. If the payment card issuer of the buyer denies, or for any reason does not authorize payment to our benefit, either prior to or after a payment, we will not be responsible for any delay or non-delivery.
Payment modalities:
All Orders must be paid in euros, including all taxes and mandatory duties. Banking costs will, if applicable, be borne by the Buyer (including in the case of reimbursement).
Security in payment transactions:
In order to ensure the security of payments made with a bank card, the Buyer must communicate to VitaTienda the visual cryptogram (CVV or CVC) that appears on the reverse of the bank card used by the Buyer.
In the framework of the fight against fraud on the Internet, the data related to the Buyer's Order may be communicated to third parties authorized by law or designated by VitaTienda, for the sole purpose of verifying the Buyer's identity, as well as the validity of the Order, the payment method used, and the planned delivery.
Once this check is completed, VitaTienda reserves the right to require a photocopy of the Buyer's identity document and/or any other data related to the Buyer's identity. The Buyer has certain rights conferred by the data protection regulations as provided in the Privacy Policy.
VitaTienda uses a secure payment tool called "STRIPE". The security of the payment rests on the authentication of the Buyer and on the confidentiality of all data. To ensure this security, the tool uses proven cryptographic techniques and complies with the requirements established in the various applicable banking regulations in Spain.
DELIVERY AND RECEIPT
General Provisions:
The products requested by the Buyer in accordance with the provisions of these terms may be delivered or collected, at the Buyer's choice, in the following ways:
- At the address that the Buyer had indicated as the delivery address for the corresponding Order (hereinafter, "Delivery Address").
If the Buyer of the Order is absent at the address provided at the time of delivery of the products, the transport company will attempt to deliver the package again on the next business day, after having duly informed the recipient of the incident by SMS, email and/or a notice of arrival in the mailbox.
In case the recipient is absent a second time at the address provided during the purchase process, the buyer or the recipient of the Order will receive a notice of arrival, an email and/or an SMS, informing them that their Order will be available for them to pick it up during the 15 days following at the headquarters of the corresponding transport company.
If within 15 days following the second unsuccessful delivery attempt, the package will be returned to VitaTienda and the money will be refunded to the Buyer, by any means of payment, at the choice of VitaTienda, with previously deducted return costs.
No claim relating to the delivery will be accepted when the package is recorded as delivered, for which purpose the computer system (identification) of the carrier will be of reliable character.
Cost of shipping the Order:
Orders will have no shipping cost if they are for Spain, Ceuta, Melilla and if they exceed Sixty (60,00 €) euros, in case of orders less than that amount, the cost of shipping will be determined at the time of the purchase summary.
Anomalies, damages, or deteriorated packages:
• General Provisions
The Buyer, or the recipient of the Order, is recommended to check the external state of the package and the products at the time of delivery.
In case of any anomaly related to the package (damaged package, open package, traces of liquids, etc.) or related to the ordered products (missing product(s), damaged product(s)), the Buyer must imperatively follow the corresponding procedure, among those described below (in the points "Mandatory procedures in case of damaged package" and "Mandatory procedures in case of missing or damaged product" of these terms), depending on the state of the Order. Failure to follow the appropriate procedure will exclude the possibility of recourse against the carrier and against VitaTienda. Specifically, the Buyer will not be able to demand any refund. The Buyer, or the recipient of the Order, will also not be able to demand from VitaTienda the replacement of the requested products.
Likewise, the Buyer or the recipient of the Order will have the possibility to call VitaTienda's Customer Service to know the procedures for the return of the damaged product(s). In this case, the Buyer will be obliged to follow the procedure for returning damaged products that had been indicated by VitaTienda's Customer Service. Otherwise, the Buyer will not be able to demand the refund or replacement of the affected products.
• Mandatory procedures in case of damaged package
In case of an incident observed in the presence of the transport company:
- Reject the delivery and clearly and detailedly indicate the incident.
- Indicate the reason for the rejection of the delivery to VitaTienda's Customer Service.
In case of incidents observed without the presence of the transport company:
- Report the anomaly to VitaTienda's Customer Service via email at [email protected].
The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 business days from the delivery of the product.
• Mandatory procedures in case of missing or damaged product
The Buyer must communicate the absence or degradation of the product to VitaTienda's Customer Service through the means specified in the previous section. VitaTienda's Customer Service may request any data related to the identity of the Buyer or recipient of the Order and proceed to any necessary verifications for the case.
Delivery times:
Delivery times start from the day following the receipt of the package by the carrier as established in the terms of their delivery services.
In the event that the delivery times are exceeded for any reason other than force majeure, the Buyer will have the option to cancel their Order.
RIGHTS AND WITHDRAWAL PERIODS
Right and period for legal withdrawal:
• Period for exercising the right of legal withdrawal
In accordance with applicable regulations, the Buyer has a period of FOURTEEN (14) days, from the date of receipt of the Order, to exercise their legal right of withdrawal without being obliged to justify their decision.
• Products excluded from the right of legal withdrawal
In accordance with applicable regulations, the legal right of withdrawal cannot be exercised in the case of Orders related to:
- The supply of items that had been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
- The supply of fresh products for immediate consumption
- The supply of digital content not provided on a tangible medium when the execution has begun with the prior express consent of the consumer and with their knowledge that consequently they lose their right of withdrawal.
Consequently, the Buyer is warned of the fact that they will not be able to assert their legal right of withdrawal with respect to items unsealed by the Buyer whose marketing by VitaTienda involves risks for reasons of hygiene or health protection of consumers (e.g., care products, makeup, products for immediate consumption, food, etc.).
When the products are eligible for the legal right of withdrawal, the Buyer who exercises their right of withdrawal under the conditions provided in this article, both in relation to the period and the modalities of return of the products, may obtain the refund of the sum paid for the purchase of the returned products. However, the conditions of the returned products will be reviewed to ensure they comply with the required conditions to be accepted.
The refund of the sum paid must be made without undue delay, and in any case, before FOURTEEN (14) natural days from the date on which VitaTienda was informed of the Buyer's right of withdrawal.
• Costs
In accordance with applicable regulations, the costs of returning the products will be borne by the Buyer, except in the case of non-conformity of the products delivered with the Order (in which case the return costs will be borne by VitaTienda).
Right and periods for contractual withdrawal:
In order to ensure the satisfaction of the Buyers of the Orders, VitaTienda accepts the return, by postal mail of the products requested on the Website of VitaTienda.
• Period for exercising the right of contractual withdrawal
The Buyer has (14) days from the date of receipt of the Order to return the Products.
• Modalities for exercising the right of contractual withdrawal
The modalities for exercising the right of contractual withdrawal are those described in the article “Modalities for exercising the right of legal withdrawal and the right of contractual withdrawal” of these terms.
• Products excluded from the right of contractual withdrawal
The right of contractual withdrawal cannot be exercised in the case of Orders provided in the section “Products excluded from the right of legal withdrawal” of these terms. Consequently, the Buyer is warned of the fact that they will not be able to assert their right of contractual withdrawal with respect to articles unsealed by the Buyer whose marketing by VitaTienda involves risks for reasons of hygiene or health protection of consumers (e.g., care or makeup products). Furthermore, the Buyer will not be able to assert their right of contractual withdrawal with respect to products that have been subject to personalization at the request of the Buyer. These provisions will apply without prejudice to the guarantees established in the article titled “Guarantees” of these terms and conditions which remain fully applicable.
• Consequences of exercising the right of contractual withdrawal
When the products are eligible for the right of contractual withdrawal, the Buyer who exercises their right of withdrawal under the conditions provided in this article, both in terms of periods and modalities of return of the products, may obtain at their choice:
- The replacement of the returned products by other products marketed by VitaTienda.
- The refund by VitaTienda of the returned products, as well as the shipping costs of the Order.
• Return Costs
The costs of returning the products will be borne by the Buyer except in the case of non-conformity of the products delivered with the Order or in case of damaged products.
Modalities for exercising the right of legal withdrawal and the right of contractual withdrawal:
• General provisions applicable to all modalities of return
The products must necessarily be returned to VitaTienda in a state appropriate for their marketing (products in perfect condition, accompanied by their original packaging, accessories, prospectus, etc.) within a maximum period of (14) days from the date of their receipt. Returns of products that occur after this period will not be accepted.
The products must be accompanied by the Order number, it is the Buyer's responsibility to package the products in such a way that they arrive correctly at VitaTienda's facilities.
In the event that the Buyer had benefited on the Website from an offer for purchase, by which they had the right, under certain conditions, to one or more products offered in return for their Order, and that as a result of their exercise of the right of withdrawal they lost the right to such offer; the Buyer must return, along with the products affected by the withdrawal, the product(s) of the offer that they had received in return for their Order so that VitaTienda can take their request for withdrawal into consideration.
The Buyer's responsibility may be demanded in case of depreciation of the product as a result of handling other than that necessary to establish the nature, characteristics and, where applicable, proper functioning of the products.
• Return to the pick-up points of the transport company
In addition to the conditions established in the point “General provisions applicable to all modalities of return” of these terms, the Buyer who wishes to exercise their right, whether legal or contractual, of withdrawal, returning a product by courier / parcel service, must respect the following instructions:
- Use the original packaging for the return of the affected product(s).
- Through the pick-up points indicated by the transport company.
VitaTienda will not accept shipments by courier or parcel service with charges due.
In the event that the Buyer does not effectively prove to have ensured the deposit of the product with the carrier or in the establishment, the risks associated with the return of the product will be borne by the Buyer.
GUARANTEES
Legal Guarantees:
All products for sale on the Website are covered by the legal warranty of conformity with applicable regulations and by the warranty against hidden defects, which allows the Buyer to return without charges the defective or non-conforming products that had been delivered.
• Legal warranty of conformity
In accordance with applicable regulations, VitaTienda is obliged to deliver products that are in conformity with the contract, responding to any lack of conformity that exists at the time of delivery of the product. It will also respond for defects of conformity resulting from the packaging, assembly or installation instructions, when the same was carried out at its expense under the contract or had been carried out under its responsibility.
To be in conformity with the contract, the product must:
- Be suitable for the uses ordinarily intended for products of the same type;
- Comply with the description made by the seller and possess the qualities of the product that the seller had presented through the Website;
- Present the quality and performance that the Buyer can reasonably expect, taking into account the public statements made by VitaTienda, particularly in advertising or labeling. Likewise, VitaTienda will not be bound by these statements if it demonstrates that it was unaware and could not reasonably be expected to have known the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
- Present the characteristics defined by mutual agreement between the parties or be suitable for any specific use intended by the buyer, brought to the seller's attention and that the latter had accepted.
The action resulting from defects of conformity prescribes TWO (2) years from the delivery of the good.
• Legal warranty for hidden defects
In accordance with applicable regulations, VitaTienda will be obliged to guarantee against the hidden defects that the sold product might have, if they make it unfit for the use to which it is intended, or if they diminish such use to such an extent that, had the Buyer known them, they would not have acquired it or would have paid a lower price for it.
The action resulting from hidden defects must be exercised by the buyer within SIX (6) months after the discovery of the hidden defect.
In the context of the legal warranty for hidden defects, VitaTienda undertakes, at the choice of the Buyer:
- To refund the entire price of the returned product, or;
- To refund part of the price of the product when the Buyer opts to keep the product.
• Exclusion of warranties
Products modified or repaired by the Buyer or by a third party not chosen by VitaTienda are excluded from the warranty.
Modalities for executing legal warranties:
When it comes to the legal warranty of conformity, the Buyer:
- Has a period of TWO YEARS, from the delivery of the good, to exercise the action;
- Can choose between the repair or replacement of the good, without prejudice to the conditions on expenses established in the applicable regulations;
- Is exempted from presenting proof of the existence of the defect of conformity of the good during the six months following the delivery of the good.
- Keep the purchase invoice and/or the delivery note of the Order.
The legal warranty of conformity applies regardless of any other commercial warranty granted.
For any claim related to legal warranties, the Buyer must contact Customer Service through the means specified in these terms and conditions. These provisions do not exclude the right of withdrawal provided for in the previous article "RIGHTS AND WITHDRAWAL PERIODS".
The warranty does not apply to products that have suffered deterioration during transport or as a result of their misuse.
• Consequences of the execution of warranties
Within the framework of the legal warranty of conformity, VitaTienda undertakes, at the choice of the Buyer:
- To replace the product with another identical one depending on available stocks, or
- To refund the price of the product when the replacement of the same turns out to be impossible.
In the context of the legal warranty for hidden defects, VitaTienda undertakes, following the evaluation of the hidden defect, at the choice of the Buyer:
• To refund the entire price of the returned product, or
• To refund part of the price of the product when the Buyer opts to keep the product
SIGNATURE AND EVIDENCE
VitaTienda works for the protection of the personal data of its customers by ensuring a high level of security; however, the Buyer must also participate in the protection of their personal data. Specifically, the Buyer must maintain the security of their online transactions, for example, by not disclosing to anyone their identifier (Buyer's email address) and/or their password, and by changing their password periodically. In this regard, VitaTienda assumes no responsibility whatsoever for the disclosure of the Buyer's data to any person who makes use of the identifier (Buyer's email address) and/or the Buyer's password.
In this regard, the use of the identifier (Buyer's email address) and/or the Buyer's password will be proof of their identity and of the enforceability, at the time of the validation of the Order, of the corresponding amounts.
VitaTienda assumes, in no case, any responsibility for the fraudulent use of this data. The communication of the bank card number and the final validation of the Order will serve as proof of the acceptance of said Order and of the enforceability of the amounts committed for the reservation of the products listed in the Order. The computer records, kept in the computer systems of VitaTienda and its partners, will be considered proof of communications, Orders, and payments made between the Parties.
CUSTOMER SERVICE / MEDIATION SERVICE
For any additional information, query related to the status of an Order or a return, or claim related to an Order, you can contact VitaTienda's Customer Service by sending an email to [email protected].
RESPONSIBILITY
Capacity:
Before placing their Order, the Buyer declares to have full legal capacity to commit under these terms and conditions. Consequently, in the event that a person who does not have legal capacity were to make an Order for articles on the Website of VitaTienda, the legal representatives of said person (especially, parents or guardians) will assume full responsibility for said Order and, specifically, must satisfy the price of the same.
Limitation of liability:
The liability of VitaTienda for the obligations established in these terms and conditions cannot be demanded when the breach of said obligations is attributable to acts of third parties, even when such acts were foreseeable, to the fault of the Buyer or to the occurrence of a force majeure event, as defined in the applicable jurisdiction, or to any other circumstances that reasonably escaped the exclusive control of VitaTienda. The information available on the Website is provided without any warranty, either implicit or explicit, regarding its completeness, accuracy, timeliness, non-infringement, availability, reliability, or completeness of the data, products, accessories, or services that appear on the Website of VitaTienda or regarding their suitability for the use that the Buyer intends to make of them. VitaTienda DISCLAIMS ALL LIABILITY FOR DAMAGES, DIRECT AND INDIRECT, FORESEEABLE OR NOT, SUFFERED ON ACCOUNT OF THE USE OF THE WEBSITE. IN THE EVENT THAT VITATIENDA'S LIABILITY WAS ESTABLISHED FOR DAMAGES SUFFERED BY THE BUYER EXCLUSIVELY ATTRIBUTABLE TO THE PLACEMENT OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE BUYER HAD PAID TO VITATIENDA.
PROTECTION OF PERSONAL DATA
To process the Order, VitaTienda will collect the Buyer's personal data. The Buyer is hereby informed that the Data Controller of their data is VitaTienda and that their data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of April 27, 2016 (GDPR) relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, so we inform you that your data will be processed with the main purpose of maintaining and managing the contractual relationship with the Buyer. Also, indicate that you have the right to access, rectify and delete your data, as well as other rights detailed as detailed in the Privacy Policy.
MISCELLANEOUS
Partial invalidity:
If one or more of the provisions of these terms and conditions were considered invalid or declared invalid by application of any law, regulation or as a result of a final decision of a competent authority, the remaining stipulations will retain their full validity and scope.
Exclusion of waiver:
The fact that any of the Parties does not exercise the rights it holds in case of non-compliance by the other Party with any of the obligations imposed on it by these terms and conditions cannot be interpreted as a waiver of future breaches of the obligation in question.
Applicable law and competent jurisdiction:
These terms and conditions are governed by the legislation of the Spanish State. The parties submit, at their choice, for the resolution of conflicts and with the waiver of any other forum, to the courts and tribunals of the domicile of the user. Consumers residing in the European Union and who have had any problem with their online purchases on the Website may use the European Union System for Online Dispute Resolution by accessing the website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.
Validity:
These terms and conditions will apply throughout the period in which the products offered by VitaTienda remain online and until the expiration of the warranty periods. In any case, the provisions of the article “Responsibility” will remain in force after the termination of these terms and conditions.