Terms and Conditions

General conditions / tTable of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Performance and warranty
Article 11 - Delivery and execution
Article 12 - Duration of transactions: duration, termination, and renewal
Article 13 - Payment
Article 14 - Complaint Procedure
Article 15 - Disputes
Article 16 - Additional or Different Provisions

Article 1 - Definitions
The following definitions shall apply in these conditions:

1. Withdrawal period: period in which the consumer can exercise their right of withdrawal;
   
2. Consumer: natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
3. Day: calendar day;
   
4. Fixed-term operation: distance contract relating to a series of products and/or services whose delivery and/or purchase obligation extends over time;
   
5. Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
   
6. Right of withdrawal: possibility for the consumer to withdraw from the distance contract within the reflection period;
   
7. Withdrawal form model: the withdrawal form model provided by the trader that a consumer can complete when they wish to exercise their right of withdrawal.
   
8. Entrepreneur: natural or legal person who offers products and/or services to consumers at a distance;
   
9. Distance contract: agreement in which, within a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, one or more distance communication techniques are used exclusively;
   
10. Distance communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.
    
11. General Conditions: these General Conditions of the entrepreneur.
    

Article 2 - Identity of the entrepreneur

BonaVita Healthy Business SLU
Carrer Floridablanca 66-68
080130 Barcelona
NIF: B25944281

Article 3 - Applicability

1. These general conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
2. Before entering into the distance contract, the consumer will be provided with the text of these general conditions. If this is not reasonably possible, before entering into the distance contract it will be indicated that the general conditions can be consulted at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the provisions of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically so that they can easily store it on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the case of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or annulled, the contract and these general terms and conditions shall otherwise remain in effect, and the provision in question shall be replaced without delay and by mutual agreement by a provision that most closely approximates the meaning of the original.
6. Situations not covered by these general terms and conditions should be assessed "according to the spirit" of the same.
7. Doubts about the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of the same.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly indicated in the offer.
2. The offer is not binding. The entrepreneur has the right to modify and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Manifest or obvious errors in the offer do not bind the entrepreneur.
4. All images and specification data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
6. Each offer contains the necessary information for the consumer to clearly understand the rights and obligations involved in accepting the offer. This specifically refers to:
   
   
   • price including taxes;
     
   • shipping costs;
   • the manner in which the agreement will be concluded and the necessary actions for it;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and execution of the agreement;
   • the acceptance period of the offer, or the period during which the entrepreneur guarantees the price;
   • the amount of the distance communication fee if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate of the communication technique used;
   • whether the agreement is archived after its conclusion and, if so, how the consumer can access it;
   • the way in which the consumer, before concluding the contract, can verify the data they have provided under the contract and, if desired, correct it;
   • any other language in which, besides SPANISH, the agreement may be concluded;
   • the codes of conduct to which the merchant has submitted and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a duration operation.

Article 5 - The agreement

1. Without prejudice to the provisions of section 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions established therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will adopt appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The seller may—within the legal framework—inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has justified reasons not to conclude the agreement, they have the right to reject an order or request or to impose special conditions for its execution, indicating the reasons.
5. The seller will include the following information with the product or service to the consumer, in writing or in a way that can be stored by the consumer in an accessible manner on a durable data medium:
6. the address of the merchant's establishment to which the consumer can direct their claims;
7. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
8. information about existing warranties and after-sales service;
9. the data included in section 3 of article 4 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
10. the requirements to terminate the agreement if it lasts more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision of the previous paragraph only applies to the first delivery.
12. Each agreement is concluded under the suspensive condition of sufficient availability of the corresponding products.

Article 6 - Right of withdrawal

Upon delivery of the products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period begins the day after the consumer or a previously designated representative of the consumer, made known to the seller, receives the product.
2. During the reflection period, the consumer will handle the product and its packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the seller.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the trader within 14 days from the receipt of the product. The consumer must communicate this using the model form. Once the consumer has expressed their desire to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing a shipping receipt.
4. If the customer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the trader after the deadlines mentioned in sections 2 and 3, the purchase is final.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the return costs will be borne by them at most.
2. If the consumer has paid an amount, the trader will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the trader or conclusive proof of full return can be provided.

Article 8 - Exclusion of the right of withdrawal

1. The seller may exclude the consumer's right of withdrawal in the case of the products described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated it in the offer, at least with sufficient time before concluding the contract.
2. The exclusion of the right of withdrawal is only possible for products:
3. that the seller performs according to the consumer's specifications;
4. that are clearly of a personal nature;
5. that by their nature cannot be returned;
6. that can spoil or age quickly;
7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. for individual newspapers and magazines;
9. for audio and video recordings and software whose seals have been broken by the consumer.
10. for hygienic products whose seals have been broken by the consumer.
11. The exclusion of the right of withdrawal is only possible for services:
12. regarding accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
13. whose delivery has begun with the consumer’s express consent before the reflection period has expired;
14. Regarding bets and lotteries.

Article 9 - The price

1. Prices of the offered products and/or services will not increase, except in the case of price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that the indicated prices are target prices will be stated in the offer.
3. Price increases within 3 months following the conclusion of the contract are only permitted if they arise from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. They arise from legal rules or provisions; or
6. The consumer has the right to rescind the contract from the day the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of typos and typographical errors. In case of typographical or printing errors, the seller is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications mentioned in the offer, reasonable requirements of durability and/or usability, and the legal and/or governmental regulations in force on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal one.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
3. Any defective or incorrectly delivered product must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur will never be responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or treated in the packaging;
   • The defectiveness is wholly or partially due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The seller will exercise the greatest possible care when receiving and executing product orders and when evaluating service requests.
2. The place of delivery is the address the consumer has communicated to the company.
3. Without prejudice to the provisions of paragraph 4 of this article, the company will execute accepted orders as quickly as possible and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to rescind the contract without costs. The consumer will not be entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any of the mentioned deadlines. Failure to meet a deadline does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after the termination.
6. If the delivery of a requested product is impossible, the entrepreneur will make an effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the entrepreneur.
7. The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or to a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of operations: duration, termination, and renewal

Termination

1. The consumer can terminate an indefinite contract entered into for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period not exceeding one month.
2. The consumer can terminate a fixed-term contract extending to the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and with a notice period not exceeding one month.
3. The consumer can modify the agreements mentioned in the previous sections
   • terminate at any time and not be limited to termination at a specific time or period;
   • at least terminate them in the same way they were subscribed by them;
   • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Extension

4. An agreement entered into for a fixed period and extending to the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
5. Notwithstanding the provisions of the previous paragraph, a contract entered into for a fixed period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract entered into for the periodic delivery of products or the provision of services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months if the contract concerns the periodic delivery, but less than once a month, of daily or weekly newspapers and magazines.
7. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines as an introduction (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration

8. If a contract has a duration longer than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins once the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately inform the entrepreneur of any inaccuracies in the payment data provided or mentioned.
3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaint Procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and processes the claim according to that procedure.
2. Claims regarding contract performance must be submitted to the entrepreneur within 7 days, described fully and clearly, after the consumer has identified the defects.
3. Claims submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a claim is expected to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the claim cannot be resolved by mutual agreement, a dispute arises that may be resolved.
5. In case of a claim, the consumer must first contact the entrepreneur. It is also possible to file claims through the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the operator’s obligations unless the operator states otherwise in writing.
7. If the operator considers a claim valid, the operator may, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer referred to in these general conditions are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Convention on the Sale of Goods does not apply.

Article 16 - Additional or Different Provisions

Additional provisions or those that deviate from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in a way that the consumer can keep them accessible on a durable data medium.