The present general conditions of use and sale (hereinafter the "General Conditions") are intended to regulate any use made of the website www.myvegaly.com (hereinafter the "Website"). The supplier of the items offered is Vegaly, with address at Maria Cristina 6, CP; 46001, Valencia, Spain, NIF Y7014084H, hereinafter Vegaly.
To search for products and see their characteristics, it is not necessary to fulfill any additional prerequisites to those indicated for each particular case. We will call the user of the Website the Client. The client will be able to create an Account within the web page generating a password.
The use of the aforementioned username and password is personal and non-transferable, and their transfer, even temporarily, to third parties is not allowed. In this sense, the Client undertakes to make diligent use of them and to keep them protected from the knowledge of third parties, assuming all responsibility that may arise from their disclosure, and exonerating Vegaly from it. In the event that a Client has any kind of suspicion regarding the use of their username and password by a third party, they must immediately proceed to modify the password by following the procedures established for this on the Website.
By simply accessing the Website, you are considered a "User" thereof and accept these General Conditions, committing yourself to comply with what is established herein. It is also reported that Vegaly reserves the right to modify the presentation and configuration of the Website, as well as these General Conditions at any time, so it is recommended that they be read prior to each use of the Website.
3. CORRECT USE OF THE WEBSITE.
Users are obliged to make diligent, correct and lawful use of the Website and, in particular, by way of example and without the intention being to make an exhaustive list, they undertake to refrain from:
- Use the Website in a way, for purposes or effects contrary to the law, morals, good customs and public order.
- Reproducing or copying, distributing, allowing public access through any means of communication, transforming or modifying the content of the Website, unless legally permitted or with the prior authorization of the owner of the rights in question. are affected.
- Carry out any act that consists of a violation of the intellectual or industrial property rights belonging to Vegaly or third parties.
- Use both the Website and the information obtained through it to advertise or trade for direct sales purposes or for any other kind of purpose, whether commercial or not.
Users will be liable for damages of any kind, caused both to Vegaly and to any third party, due to the breach of the previously exposed obligations as well as any others included in the General Conditions or in the legislation in force that is applicable in the subject.
Vegaly will at all times ensure compliance with the legal system in force, being entitled both to interrupt the services provided through the Website and to order the elimination of an Account in the event that it becomes aware of the alleged commission of crimes or misdemeanors. typified in the Penal Code. Likewise, Vegaly is entitled to adopt any other measure in relation to the behaviors that in its opinion are contrary to these General Conditions, the Law, morality, public order, the norms established by Vegaly and / or its collaborators or may disturb the proper functioning, image, credibility and / or prestige of Vegaly and / or its collaborators.
4. PROPERTY RIGHTS
The use for commercial purposes, as well as the distribution, modification or alteration of the content of the Website (texts, graphics, photographs, logos, icons, images) as well as the graphic design, source code and software, are these exclusive owned by Vegaly, as the legitimate owner thereof, or owned by third parties over which Vegaly holds other types of rights or license to use, as a result of a contractual relationship with their legitimate owners.
Any communication sent to Vegaly by any of the means established herein may be used by Vegaly, who may reproduce, distribute, publicly disseminate, transform it, as well as exercise any other right of exploitation over it.
In the event of any breach of intellectual or industrial property rights, users of the Website may direct their claims to the following email address: email@example.com.
5. CONTRACTUAL RELATIONSHIP AND GENERAL CONDITIONS OF SALE
The contractual relationship between Vegaly and the Client that will take place through the Website will be deemed to be a purchase sale electronically and will be regulated by the provisions of these General Conditions and the Spanish regulations that are applicable to the matter.
The object of the contractual relationship between Vegaly and the Client will be the purchase and sale of food supplements offered on the Website. The characteristics of the products offered are those that appear on this website and are obtained by clicking on the icon corresponding to each item, always corresponding to the characteristics outlined by the manufacturer.
The prices of the articles are in euros, including VAT. Shipping costs are included; With the exception of shipments outside the Peninsular area of Spain, where they could be at the customer's expense. These expenses are those indicated on the Website. Shipping costs will be detailed on the invoice.
Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step.
Also, during the purchase process, before making the payment, you can modify the details of your order. You can use as a means of payment those offered by Shopify Payments.
5.3 Value added tax and billing.
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories. You expressly authorize us to issue the invoice in electronic form, although you can indicate to us at any time your desire to receive a paper invoice (we prefer not to take care of the environment!), In which case, we will issue and forward the invoice in said format. You can request it by contacting our customer service, through any of the means made available to you and free of charge.
5.4 Security when paying by card
For your security, Vegaly has entrusted the credit card payment system to a payment gateway provided by Shopify Payments as well as one provided by Paypal.
5.5 Delivery of orders and deadlines
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
Before placing the order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the products / s listed in each Shipping Confirmation without any undue delay and no later than 30 calendar days from the date of the Order Confirmation. Of course our goal is 24hs-72hs.
Please note that there are unforeseen or extraordinary circumstances that may affect the delivery date. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, it will be deposited at the offices of the company in charge of the courier closest to the delivery address that you have provided. If it is delayed in picking it up, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to get it sent again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that after 15 days since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved.
As a result of the termination of the contract, we will refund all payments received from you, including delivery costs without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated.
Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
5.6 Term of validity of the offer
The prices and conditions displayed on the Website are valid at all times, and are valid only in the open session.
5.7 Archiving and access to information
The information entered by the Client at the time of making the sale on the Vegaly Website will be stored by www.myvegaly.com for the processing of the order shipment. The Client will not have access to the information entered once the purchase form has been sent, so if you wish to modify any information regarding a particular order, you must request it in writing to the email address info @ myvegaly. com, and must include the following information in the request:
- Order number
Clearly and precisely state the change (s) you want to see made.
5.8 Right of termination
The payment of the order placed must be made by any of the means indicated in the general condition Form of payment. Failure to pay in advance in the account number indicated when the payment by bank transfer has been chosen, as well as the fraudulent use of the credit card or the denial of the collection operation, will give Vegaly the right not to process or Deliver the order, without prejudice to demanding compensation for the damages caused.
Likewise, the Customer may return the merchandise purchased within a period of fourteen days from the date of receipt of the product by notifying the Vegaly offices by email to the address firstname.lastname@example.org or by calling Customer Service at the number 644824732. Client must detail the cause via email to the address email@example.com in case of wanting a return.
This right may be exercised on one, several, or all of the articles received. In the event that the Client decides to cancel the order once it is in transport, the amount will be refunded. The exercise of this right is conditioned to the fact that the articles on which it is exercised and their packaging are in perfect condition (the sealing or protective plastic must be intact) and that their return is accompanied by documents proving the transaction, or a copy.
The guarantees of the products are those established by the manufacturers, being they in any case who will be responsible for the possible failures or defects of the products supplied, as well as the possible consequences thereof. The Customer is bound by the terms and conditions specified in the warranties of the manufacturers of the products purchased through Vegaly. The guarantee applies as long as the product is used under the normal conditions of use determined by the manufacturers. Vegaly is not obliged to indemnify the user or third parties for the consequences of the use of the product, whether direct or indirect damage, accidents suffered by people, damage to non-product property, loss of profit or loss of profit.
Vegaly will not be liable under any circumstances for possible faults or defects that the products provided may have. Nor will it be liable for the adverse effects that these may have on the health of those who consume or use them, whether they are consumed or used according to the instructions contained therein or in any other way. It will be the manufacturer himself who, with his guarantee, will be liable for any possible damage to the product or for the said defects.
The products are out of the warranty for the following reasons: If they have suffered, once delivered to the Customer, any deterioration due to external events, accidents, poor follow-up of the instructions or by storing them without the corresponding care set forth in the instructions of each product.
If none of the supporting documents of the transaction, or its copy, is presented. Where appropriate, if the general conditions imposed by a manufacturer for a product so indicate.
6. LEGAL NOTICE.
Some of the products sold by Vegaly on the website (hereinafter the "Products") and when indicated on the label thereof, are nutritional supplements as established in the European Directive 2002/46 / EC on food supplements .
When this is the case, we inform you that food supplements are not intended to replace a balanced and varied diet, they are intended to supplement the intake of nutrients from a normal diet.
They are not drugs, therefore they should not be considered as a means of diagnosis or treatment of any disease.
Vegaly reserves the right to deny delivery of such products to countries where they are not permitted. Always keep these products out of the reach of children. Consult a professional before consuming any of the products.
7. RETURN POLICY
Legal right to withdraw from the purchase: Right of withdrawal.
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us at firstname.lastname@example.org informing your decision to withdraw from the contract unequivocally.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal:
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs to the initial shipping address without any undue delay and, in any case, no later than 14 calendar days from the date on the one that we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
You will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
8. APPLICABLE LAW AND JURISDICTION
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile when the user is in Spain.
These General Conditions will be governed and interpreted in accordance with Spanish legislation in that which is not expressly established. In the case of users residing outside of Spanish territory, the parties, expressly waiving any other forum that may correspond to them, will submit to the jurisdiction and competence of the courts of the city of Madrid for the resolution of any issue that may arise. arise in relation to them.