Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Scope of application
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of a right of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and execution
Article 12 – Continuous performance contract: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different conditions
Article 1 – Definitions
The terms used in these general conditions are defined as follows:
- Cooling-off period : the period during which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the
- businessman ;
- Day: calendar day ;
- Duration of the operation : distance contract relating to a series of products and/or services, the supply and/or purchase of which is extended over time;
- Durable medium : any storage device that enables the consumer or trader to store information that has been personally provided to them in such a way that it can be consulted at a later time and reproduced without alteration.
- Right of withdrawal : the consumer's possibility to withdraw from the distance contract, within the reflection period;
- Model form : the model form that the entrepreneur makes available to the consumer and that the latter can fill out when he wishes to exercise his right of withdrawal;
- Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: contract concluded within the framework of a system organised by the entrepreneur, with the use of one or more means of distance communication
- Distance communication technology : a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously in the same place.
- General Conditions : these General Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Global Supplements C/ De Sant Bartomeu 22 Postal code 08870 Sitges (Barcelona) Spain
Email address : info@global-foodsupplements.com
Telephone number : +34 684-747841 (Monday to Friday from 09:00 to 17:30)
Registration number : 11624827
Article 3 – Scope of application
- These General Terms and Conditions apply to all offers made by the entrepreneur and to all distance contracts or orders between the entrepreneur and the consumer.
- Before the conclusion of the distance contract, the text of these General Terms and Conditions shall be made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, the entrepreneur shall indicate before the conclusion of the distance contract that these General Terms and Conditions
- General Terms and Conditions of Business may be consulted and, at the consumer's request, will be sent free of charge.
If the distance contract is concluded by electronic means, notwithstanding the provisions of the preceding paragraph and before the conclusion of the distance contract, the text of these General Terms and Conditions of Business may be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the conclusion of the distance contract, an indication will be given of where the General Terms and Conditions of Business can be found electronically and that, at the consumer's request, they will be sent free of charge by electronic means or otherwise. - In addition to these General Terms and Conditions, the specific conditions of the product or service apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of a conflict of conditions, always resort to the applicable provision that is most favourable to him.
- Where one or more provisions of these Terms and Conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision shall be replaced by a provision covering the original to the extent possible.
- Situations not regulated by these Terms and Conditions must be evaluated "in the spirit" of these terms and conditions.
- Lack of clarity regarding the interpretation or content of one or more provisions of our Terms and Conditions must be explained "in the spirit" of these Terms and Conditions.
Article 4 – The offer
- If an offer is subject to a limited duration or conditions, this will be explicitly mentioned.
- The offer in the webshop is not binding. The entrepreneur is entitled to modify and adapt the offer.
- The offer contains a complete and accurate description of the products/services offered. The description is sufficiently
- detailed so that the consumer can correctly evaluate the offer. If the entrepreneur uses illustrations, these faithfully reflect the products/services offered.
- All images, specifications and offer data are indicative and cannot give rise to compensation or termination of the contract.
- Every offer contains information that allows the consumer to clearly understand what rights and obligations the offer entails.
acceptance of the offer. This refers in particular to:
the price including taxes;
the amount of shipping costs;
the manner in which the contract will be concluded and what actions will be necessary for this;
the application or not of the right of withdrawal;
the methods of payment, delivery and execution of the contract or order;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the offered price;
the distance communication tariff, if the cost of using the means of distance communication is calculated on a
base other than the basic rate of the means of communication used;
whether the contract is archived after its conclusion and, if so, how the consumer can consult it;
the manner in which the consumer can rectify the information provided under the contract, prior to the conclusion of the contract;
languages other than Dutch in which a contract can be concluded;
the code of conduct to which the entrepreneur must adhere and the instructions where the consumer can find the digital code of conduct;
the minimum duration of the distance contract of a transaction of determined duration
Article 5 – Conclusion of the contract
- The contract is concluded when the consumer accepts the offer and fulfils the relevant conditions. If the
consumer is paying electronically, the entrepreneur will take appropriate technical and organisational measures to ensure the electronic transmission of data and will guarantee a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures. - The entrepreneur may, within the legal framework, ask the consumer about the ability to meet his payment obligations, as well as about the facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has reasonable grounds for not concluding the contract, he has the right to refuse an order or to request special conditions.
- The entrepreneur shall add the following information to the product or service, in writing or in such a way that it can be stored by the consumer on an accessible durable medium:
a. the address of the entrepreneur's registered office;
b. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. information on after-sales service and any existing guarantees;
d. the conditions of Article 4, paragraph 3 of this recorded data, unless the entrepreneur has already provided this data to the consumer prior to the execution of the contract;
e. the conditions for withdrawal from the contract if it has a duration of more than one year or for an indefinite period. - In the case of a transaction with a fixed duration, the above section applies only to the first delivery.
Any contract or order is concluded on the condition that there is sufficient availability of the products.
Article 6 – Right of withdrawal
Delivery of products:
- In the event of a purchase, the consumer has the option to withdraw from the contract within 14 days without giving any reason. This period begins on the day after receipt of all the products by the consumer or a representative designated by the consumer.
- During the cooling-off period, the consumer must treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he must return the product and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of all products. The consumer can do so using the standard form. Once the consumer has expressed his desire to make use of his right of withdrawal, he must return the product to the entrepreneur within 14 days. The consumer must prove that the products are returned within the prescribed period, for example by means of proof of delivery by post.
If the consumer, at the end of the legal period in paragraphs 2 and 3 of this article, has not expressed his desire to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale shall be deemed to have taken place.
Delivery of services: - In the case of delivery of services, the consumer may withdraw from the contract without stating a reason within 14 days of the conclusion of the agreement.
In order to exercise his right of withdrawal, the consumer shall inform the entrepreneur in accordance with reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in the event of a right of withdrawal
- If the consumer exercises his right of withdrawal, the return costs will be borne entirely by the consumer.
- If the consumer has paid an amount, the entrepreneur shall ensure that the full amount is returned to the consumer within 14 days of the consumer's declaration of his wish to exercise his right. The consumer must prove that the delivered goods have been returned, for example by means of proof of delivery by post.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, at least in sufficient time for the conclusion of the contract.
- The exclusion of the right of withdrawal is only possible for products
- that the entrepreneur has manufactured according to the consumer's specifications;
- that are clearly personal;
- that cannot be returned due to their nature;
- that deteriorate rapidly or become unusable;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer programs whose seal has been broken by the consumer;
- for hygiene products that are sealed and whose seal has been broken by the consumer.
- The exclusion of the right of withdrawal is only possible in the case of services:
- accommodation, transport, catering or leisure activities that must be carried out on a specific date or during a specific period;
- services whose delivery has begun with the express consent of the consumer before the withdrawal period has expired;
- betting and lotteries.
Article 9 – Price
- During the period mentioned in the offer, the prices of the offered products/services do not increase, except in the case of price changes due to changes in VAT rates.
- In contrast to the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. These fluctuations and the fact that prices are variable shall be mentioned in the offer.
- Price increases within 3 months after conclusion of the contract are only permitted if they are the result of legal provisions or stipulations.
- Price increases from 3 months after the conclusion of the contract are only permitted if they have been agreed in advance with the entrepreneur and:
they are the result of legal provisions or regulations; or
the consumer has the right to withdraw from the contract on the day on which the price increase takes effect. - All prices mentioned include VAT.
- All prices are subject to typographical errors. The entrepreneur is not responsible for typographical errors. In case of typographical error, the
The entrepreneur is not obliged to deliver the product at an incorrect price.
Article 10 – Compliance and warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the statutory and/or governmental regulations in force on the date of conclusion of the contract. If agreed, the entrepreneur also declares that the product is suitable for use other than normal use.
- The guarantee of the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the contract with the entrepreneur.
- Defects or incorrect products delivered must be reported in writing to the entrepreneur within X days/weeks after delivery. The products must be returned in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the factory warranty period. The entrepreneur is not responsible for the final suitability of the products for each individual use by the consumer, nor for any advice on the use or application of the products.
- The warranty does not apply if:
- The delivered goods have been repaired and/or modified by third parties and/or by the consumer;
- The delivered goods have been exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
- The total or partial defect is the result of regulations that the Government has requested or will request regarding the nature or quality of the materials used.
Article 11 – Order of delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing and/or delivering orders and services.
- The place of delivery is the address that the consumer has notified to the entrepreneur.
- Accepted orders will be shipped promptly and no later than 30 days after the order message, unless the consumer has given consent for a longer delivery period to be observed. If delivery is delayed or if an order is not fulfilled or is only partially fulfilled, the consumer will receive a message and will have the right to withdraw from the contract without penalty.
- All delivery times are indicative. Exceeding a delivery time does not entitle the consumer to compensation.
- In the event of termination pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount already paid by the consumer as soon as possible and in any case within a maximum of 14 days after termination.
- If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. At the latest upon delivery, you will be informed that a replacement item has been delivered. In the case of replacement items, the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise. The entrepreneur's obligation to deliver is fulfilled once the order is offered to the consumer.
Article 12 – Fixed-term contracts: duration, cancellation and renewal
Cancellation
- If the consumer has entered into a contract for an open-ended period, which extends to the regular supply of products (including electricity), he or she may terminate it at any time in accordance with the applicable termination rules and with a maximum notice period of one month.
- A consumer who has entered into a fixed-term contract, which extends to the regular supply of products (including electricity) or services, may terminate the contract at any time before the end of the fixed period in accordance with the applicable termination rules and with one month's notice.
- The consumer may, in relation to the contracts mentioned in the preceding paragraphs:
terminate and not be limited to termination at any time or within a certain period;
terminate at least in the same way as he has concluded them;
terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal - A consumer who has entered into a contract for a fixed period, which extends to the regular supply of products (including electricity) or services, may not have it automatically extended or renewed for a fixed period.
- Notwithstanding the provisions of the preceding paragraph, a contract concluded for a fixed period, which extends to the regular supply of daily or weekly newspapers and magazines, may be tacitly renewed for a fixed period of a maximum of three months, if the consumer has the possibility of terminating the extended contract at the end of the extension with one month's notice.
- A contract for a fixed period, which extends to the regular supply of products (including electricity) or services, may only be extended for an indefinite period if the consumer can terminate it at any time with a maximum of one month's notice and with a maximum of three months' notice if the contract extends to the regular, but less than monthly, supply of daily newspapers, weeklies and magazines.
A contract of a fixed duration, which extends to the delivery of a trial or introductory subscription to daily newspapers, weeklies and magazines (trial or introductory subscription), shall automatically end and shall not be automatically renewed after the trial or introductory subscription.
Duration
- Contracts with a duration of more than one year may be terminated after one year at any time and with a maximum of one month's notice, unless reasonableness and fairness object to termination before the agreed duration.
Article 13 – Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period, according to Article 6, paragraph 1. In the case of a contract for the provision of a service, amounts must be paid within 7 working days after the consumer has received confirmation of the contract.
- The consumer is obliged to inform the entrepreneur without delay of any inaccuracies in the payment data provided or indicated.
- In the event of non-payment subject to legal limitations, the entrepreneur is entitled to charge the consumer reasonable costs in advance.
Article 14 – Complaints procedure
- The employer has a complaints procedure and processes complaints by filling out the corresponding form.
- Complaints regarding the execution of the contract or an order must be described fully and clearly and submitted to the entrepreneur within 7 days of the consumer discovering the defects.
- Complaints will be processed within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved through joint consultation, a dispute arises which is subject to dispute resolution.
- If complaints cannot be resolved in joint consultation, the consumer has the option of contacting Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate free of charge. If no solution is reached after mediation, the consumer has the option of submitting the complaint to Stichting GeschilOnline, whose decision is binding. The consumer and the entrepreneur agree to this binding decision. Submitting a complaint to arbitration is not free of charge. The consumer must pay the costs of the arbitration. In addition, EU residents can use the European dispute resolution platform to submit a complaint with a view to reaching an out-of-court settlement. This platform is available at http://ec.europa.eu/odr, but we recommend that you first contact Stichting WebwinkelKeur.
- A complaint does not suspend the entrepreneur from his obligations, unless the entrepreneur indicates otherwise in writing.
- If the consumer's complaint is well founded, the entrepreneur has the option of replacing or repairing the delivered products free of charge.
Article 15 – Disputes
- In any dispute, contract or order, Spanish law will apply exclusively, even if the consumer resides abroad.
- The Vienna Convention on Contracts for the International Sale of Goods shall not apply.
Article 16 – Additional or different terms
Additional exceptions to these general terms and conditions must not be to the detriment of the consumer and must be stated in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.