GENERAL SALES CONDITIONS

These general sales conditions (hereinafter, the “General Conditions”) will apply to any purchase made by an Internet user / natural person (hereinafter, the “CLIENT”) on the website www.nutribulk.eu (hereinafter, the “WEBSITE”) to NUTRIBULK S.L (hereinafter, the “SELLER”), registered in the Madrid commercial registry with VAT number B66668336 and registered office at Calle Herreros 17A, 28906 Getafe Madrid.

Tax address: Calle Herreros 17A, 28906 Getafe Madrid (SPAIN)

Accepted payment method: Bank transfer

Telephone number: +351 939 990 938

Email: sales@nutribulk.eu

IMPORTANT

Any order placed on the WEBSITE necessarily implies unreserved acceptance by the CUSTOMER of these general conditions.

1. DEFINITIONS

The terms used below have, in these General Conditions, the following meaning:

  •         « CUSTOMER »: refers to the co-contractor of the SELLER, who guarantees having the quality of reseller as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CUSTOMER acts inside usual commercial activity.
  •         « DELIVERY »: refers to the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated in the order.
  •         « PRODUCTS »: refers to the set of products available on the WEBSITE.
  •         «TERRITORY»: refers to SPAIN.

2. OBJECT

These General Conditions regulate the sale of the PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and recognizes that the WEBSITE is aimed at B2B customers and that professionals can contact the SELLER's commercial service in order to benefit from specific contractual conditions.

If the CUSTOMER does not accept these terms and conditions, we ask you to refrain from continuing to use our WEBSITE.

3. ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER undertakes to carefully read these General Conditions and accepts them, before proceeding to pay for the order of the PRODUCTS placed on the WEBSITE.

These General Conditions are inserted at the bottom of each page of the WEBSITE by means of a link and must be consulted before being able to place the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions when placing a new order, the latest version of the same being applicable to each of them.

By clicking on the first button to place the order and the second to confirm it, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitations or conditions.

4. PURCHASE OF PRODUCTS ON THE WEBSITE

In order to purchase any PRODUCT, the CUSTOMER must be over 18 years of age and have sufficient legal capacity. The CUSTOMER is invited to provide the information necessary to identify him/her, by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled out for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can verify the status of his order on the WEBSITE. DELIVERY monitoring can, where appropriate, be carried out by email, using the monitoring tools address sales@nutribulk.eu, in order to obtain information on the status of your order.

The information that the CUSTOMER provides to the SELLER at the time of placing the order must be complete, exact and up-to-date. The SELLER reserves the right to request the CUSTOMER to confirm, by any appropriate means, her identity, her eligibility and the information communicated.

5. ORDERS

5.1   Characteristics of the PRODUCTS

The SELLER will endeavour to present as clearly as possible the main characteristics of the PRODUCTS (on the information files and descriptions available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.

The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.

Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the regulations applicable in Spain.

5.2   Order Procedure

PRODUCT orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).

5.2.1   Selection of PRODUCTS and purchase options.

The CUSTOMER must select the PRODUCT(s) of their choice, clicking on the chosen PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be saved in the CUSTOMER's shopping cart. The latter may then add as many additional PRODUCTS as they wish.

5.2.2. Orders

Once the PRODUCTS have been selected and saved in their basket, the CUSTOMER must click on the basket and verify that the content of their order is correct.

Once the CUSTOMER has validated the contents of the basket an automatically completed online form will appear summarizing the price and applicable fees (when applicable).

The CUSTOMER is invited to verify the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing and delivery address, the payment method and the price) before validating its content.

The CUSTOMER can then proceed to pay for the PRODUCTS after receiving the instructions provided per email by our sales team (sales@nutribulk.eu) and the respective invoice. At this point, the CUSTOMER can once again provide all the required information for the DELIVERY of the PRODUCTS. Regarding PRODUCTS with different options available, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The SELLER will not send any order confirmation by postal mail.

The CUSTOMER must agree with the delivery costs provided, which have been calculated according to weight, dimension and country of destination.

5.2.3. Proof of Payment and delivery

Once all the stages described above have been completed, the CUSTOMER must send a proof of payment (bank transfer) to the SELLER, in order to activate and start the shipping process of the respective order.

 5.2.4. Billing

When ordering, the CUSTOMER must confirm the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled out for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must also clearly indicate all information relating to the ORDER, in particular the exact DELIVERY address, as well as any possible access code to the place of DELIVERY.

Neither the order receipt that the CUSTOMER has placed online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitute any invoice. Whatever the order or payment method used, the CUSTOMER will receive the original invoice at the time of DELIVERY of the PRODUCTS, inside the package and additionally per email for payment purposes.

5.3. Order date

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to count until that date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices indicated in Euro, taxes* included (when applicable), *value added tax (VAT) at the rate applicable on the date of the order. Any modification of the rate may be passed on to the PRODUCTS from the date of entry into force of the same.

The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to modification. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.

The applicable prices will be those indicated on the WEBSITE on the date the order is placed by the CUSTOMER.

5.5. PRODUCT Availability

The SELLER will apply “just in time” stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER's stocks.

The SELLER undertakes to fulfil orders received subject to the PRODUCTS being available.

The unavailability of a PRODUCT will initially be indicated on the PRODUCT page in question. CUSTOMERS may also be informed of the replacement of the PRODUCT by the SELLER.

In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the request of the CUSTOMER:

Send all PRODUCTS together, from the moment in which the out-of-stock PRODUCTS are available again.

Proceed with a partial shipment of the PRODUCTS available at that time, and send the rest of the order when the others are available, with express mention regarding the additional transportation costs that could arise.

Propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the respective PRODUCTS within thirty (30) days after the payment.

6. RIGHT OF WITHDRAWAL

The modalities of the right of withdrawal are provided for in the “withdrawal policy”, available in Annex 1 to these General Conditions and accessible under each page of the WEBSITE via hyperlink.

7. PAYMENT

The CUSTOMER can pay for his PRODUCTS via bank transfer by using the bank details of the SELLER mentioned on the invoice provided per email by the Sales Team (sales@nutribulk.eu).

The CUSTOMER guarantees to the SELLER that it has all the authorizations required for the respective payment method.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online on the WEBSITE and per email.

It is specified that all information related to the payment made respectively, is not processed on the WEBSITE.

 7.1. Delays or refusal of payment

If the bank rejects the debit from the payer account or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay the order by any other valid means of payment.

In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money owed by the CUSTOMER is impossible, the order will be cancelled and the sale automatically terminated.

8. EVIDENCE AND ARCHIVE

Any contract concluded by the CUSTOMER corresponding to an order greater than €120 (taxes included) will be archived by the SELLER for a period of 5 years.

The SELLER agrees to archive the information in order to ensure monitoring of operations and to make a copy of the contract at the CUSTOMER's request.

In the event of a dispute, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.

9. TRANSFER OF PROPERTY

The SELLER remains the owner of the PRODUCTS delivered until the moment of full payment by the CUSTOMER.

The above provisions are not an obstacle to the transfer to the CUSTOMER, at the time of reception by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation of property, as well as the risks of damage that may entail.

10. DELIVERY

The DELIVERY modalities of the PRODUCTS are those provided for in the “delivery policy” contemplated in Annex 2 of these General Conditions and accessible under each page of the WEBSITE via hyperlink.

11. PACKAGING

The PRODUCTS will be packaged in accordance with current transport regulations, in order to guarantee maximum protection during DELIVERY. CUSTOMERS undertake to respect the same rules when they return the PRODUCTS in accordance with the conditions set out in Annex 1 – Withdrawal Policy.

12. GUARANTEES

12.1. Compliance guarantee

The SELLER undertakes to deliver a compliant PRODUCT, that is, appropriate to the expected use consisting of a similar good, corresponding to the description provided on the WEBSITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect with respect to the public statements made by the SELLER, including promotion and labelling.

In this framework, the SELLER is liable to respond to defects of conformity existing at the time of delivery and lack of conformity resulting from the packaging, assembly instructions or installation when this is put in charge or has been carried out under his responsibility.

The action arising from lack of conformity expires two (2) years from the delivery of the PRODUCT.

In case of lack of conformity, the CUSTOMER may request, at his discretion, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the CUSTOMER's choice is manifestly disproportionate to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with the refund, without considering the chosen option for the client.

In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 days from receipt of the returned PRODUCT and in exchange for the resending of the PRODUCT by the CUSTOMER to the following address: Calle Herreros 17A CP 28906 Getafe Madrid (Spain).

  12.2. Guarantee for hidden defects

The SELLER is obliged to guarantee the hidden defects of the PRODUCT sold that could make it defective for the use for which it should be intended, or that reduce it in such a way that the CUSTOMER would not have purchased it or would have paid a lower price, if any acquaintance.

This guarantee allows the CUSTOMER, who can demonstrate the existence of a hidden defect, to choose between the refund of the product´s price if it is returned or the refund of part of the price if it is not returned.

In the event that the replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) days after receipt of the returned PRODUCT and in exchange for the reshipment of the PRODUCT by the CUSTOMER to the following address: Calle Herreros 17A CP 28906 Getafe Madrid (Spain).

The resulting action for hidden defects must be filed by the CLIENT within a period of two (2) years from the discovery of the defect.

12. RESPONSABILITY

The SELLER's liability cannot in any case be established in the event of non-execution or poor execution of the contractual obligations attributable to the CUSTOMER, when carrying out their order.

The SELLER may not be responsible, or considered in breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.

It is also specified that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, you are excluded, to the extent permitted by law, from all liability linked to the information published therein. The hyperlinks to these web pages are provided for purely indicative purposes and do not imply any guarantee regarding their content.

13. PERSONAL DATA

The SELLER collects personal data from its CUSTOMERS on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browsers.

The data collected by the SELLER will be used in order to process their orders placed through the WEBSITE, manage the CLIENT's account, analyze their orders and, if the CLIENT chooses this option, send them emails for promotional purposes, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.

The CLIENT's data will be kept confidential by the SELLER in accordance with its declaration made to the Spanish Data Protection Agency, the needs of the contract, and the law.

CUSTOMERS can unsubscribe at any time by accessing their account or clicking on the hyperlink provided for this purpose under each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order. For commercial purposes, the SELLER may transfer the names and coordinates of its CLIENTS to its collaborators, under the condition that they have given their prior agreement at the time of registration on the WEBSITE.

The SELLER will specifically ask CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial information from its collaborators.

In accordance with Law 15/1999, of December 13, on the Protection of Personal Data, and more specifically the provisions of its articles 15 and 16, the CUSTOMER benefits from the right of access, rectification, opposition (for legitimate reasons) and the deletion of these personal data. You may exercise this right by sending an email to the address: admin@profitnesscentury.com, or by sending a letter to: Calle herreros 17A CP 28906 Getafe Madrid (Spain).

It is specified that the CUSTOMER must be able to justify its identity, either by scanning an identity card, or by sending the SELLER a photocopy of it.

13. COOKIES POLICY

A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way you use your equipment, they can be used to recognize to user.

This WEBSITE uses its own cookies and third-party cookies.

Specifically, the third party service providers with whom we have contracted a service for which the use of cookies is necessary are:

Name of the provider - Purpose of the cookie - Description of the purpose of the cookie – If you would like more information about the use of cookies by this third party

You can allow, block or delete cookies installed on your computer by configuring the options of the browser installed on your computer. If you do not allow the installation of cookies on your browser, you may not be able to access some of the sections of our web.

14. CLAIMS

The SELLER makes available to the CUSTOMER a “Customer Care Service” with the following number: +351 939 990 938(normal rate telephone number). Any written claim from the CUSTOMER must be transmitted to the following address: Calle Herreros 17A CP 28906 Getafe Madrid (Spain).

15. INTELLECTUAL PROPERTY

All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law or corresponding patents.

These elements are the exclusive property of the SELLER. Any person who edits a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.

This authorization from the SELLER will under no circumstances be definitively agreed upon. This hyperlink must be deleted at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.

16. VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of the competent court invalidating one or more clauses of these General Conditions may not affect the validity of the rest of them.

Such modification or decision does not in any case authorize CLIENTS to ignore these General Conditions.

All conditions not expressly dealt with herein will be regulated in accordance with the uses of the private commerce sector.

17. MODIFICATIONS OF THE GENERAL CONDITIONS

These General Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available.

The General Conditions will be dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions will be those in force at the time of the order.

The modifications made to the General Conditions will not be applicable to the PRODUCTS already purchased.

18. COMPETENCE AND APPLICABLE LAW

THESE GENERAL CONDITIONS AS WELL AS THE RELATIONSHIPS BETWEEN CUSTOMER AND SELLER ARE GOVERNED BY SPANISH LAW.

IN THE EVENT OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.

Likewise, prior to any arbitration or court appeal, negotiation between the parties will prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any conflict related to this contract, including related to its validity.

The party that wishes to start the negotiation process must inform the other party by certified letter with return receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties are unable to reach an understanding, the differences will be submitted to the jurisdiction established below.

During the negotiation process and until its completion, the parties prohibit themselves from taking any legal action against each other for the conflict under negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of precautionary measures or the implementation of a procedure does not entail the renunciation of any friendly agreement clause by the parties, unless expressly agreed to the contrary.

19. CONTACT US

In order to resolve a complaint regarding our WEBSITE or to receive further information, please contact us at:

NUTRIBULK SL

Calle Herreros Nº17 A

28906 Getafe Madrid SPAIN

Phone: +351 939 990 938

sales@nutribulk.eu