GENERAL CONTRACTING TERMS AND CONDITIONS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING
On the one hand, the Supplier of the products, Florencia Zulberti (hereinafter also the provider), with registered office at Avda. Pintor Perez Gil 3 – BW58 N.I.E. Y5416864E Customer Service telephone +34 681 177 144 and e-mail: firstname.lastname@example.org, being the owner of the website www.tribusana.com, she exposes the contractual document that will govern the contracting of products through the website reviewed .
And on the other, the User – Client (hereinafter the User), registered on the website by means of a username and password, over which they have full responsibility for use and custody, being responsible for the veracity of the personal data provided to the lender.
BOTH ACCEPT this document, and it entails that the user: She has read, understands and understands what is stated here.
1. What is a person of legal age and with sufficient capacity to contract.
2. That she assumes all the obligations set forth herein.
3. What he has read and accepts these General Conditions of Purchase and / or Reservation from the moment he acquires any product offered.
This document can be printed and stored by Users.
The provider makes the e-mail address email@example.com available to them so that they can raise any questions about these conditions.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider’s website.
The provider reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products, these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products.
TRIBUSANA is not responsible for any loss of data, files or any damage resulting from a backup failure by the User of the data contained in the products purchased, such as memory cards.
TRIBUSANA is not responsible for the consequences that may result from an inappropriate use of the products for sale on the web.
The civil liability of TRIBUSANA for the products supplied is limited to the amount thereof, the user renounces to claim any responsibility from the provider for any concept in any case of dissatisfaction of the products purchased on the website www.tribusana.com, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist on the computer or network of the user accessing the web.
TRIBUSANA is a company specialised in providing strategies, advice and information on a more sustainable diet and lifestyle for the good of families and the planet as well.
TRIBUSANA sells its products remotely over the Internet through its website. TRIBUSANA does not have any physical store for the sale of products.
2. OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship created between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTCs will apply from the day the order is placed. The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.
2.2 Territory of application: The TRIBUSANA virtual store is active throughout Spain and the rest of the world.
2.3 Capacity to contract: In order to place an order, you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order through the website www.tribusana.com is made by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.tribusana.com or, if you wish and request, we can make them available to you by email.
2.5. Modification of the General Contracting Conditions: TRIBUSANA reserves the right to make changes and / or modifications in these CGC. We advise our clients to review them regularly. In the event that these changes or modifications are made once an order has been placed, the conditions in force on the date on which said order was placed will apply.
3. INFORMATION PROVIDED ON THE WEB www.tribusana.com:
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website may be incorrectly specified and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will refund any amount that you have already paid.
3.2 Product information: The information that appears in our advertising, brochures, other written material, on our website or that provided by our agents or employees constitutes an invitation to make a deal. Such information does not constitute an offer to supply any product on our part.
The contents of www.tribusana.com are constantly renewed and updated to offer our clients the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, provisional information about some products. In the event that the information provided does not correspond to thecharacteristics of the product, the customer will have the right to cancel their purchase at no cost on their part.
All contractual information on the website is displayed in Spanish (Castilian) and English and communication with customers and users, as well as the formalization of the contract, will be carried out in this language.
3.3 Availability of the product(s): There may be occasions when it is impossible to supply all the products due to the fact that they are not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following
(a) choice of an alternative product, with characteristics similar to the product to be replaced;
(b) to communication of its availability, in case you prefer to wait for said product to be available again
If you decline our suggestions, the order related to these products will be canceled and any amount paid for them will be refunded.
3.4 Right of Cancellation: TRIBUSANA reserves this action (right of cancellation) of the shipment of a specific product that does not meet the quality requirements imposed on all
TRIBUSANA products. In the event that this lack of quality is detected, TRIBUSANA Customer Service will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The hours for receiving orders are twenty-four (24) hours three hundred and sixty-five (365) days a year. Orders received over the weekend will be processed first thing the following Monday, or the first business day.
3.6 Fraud: If TRIBUSANA suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
In order to access the products offered by the provider, the user must register through the website by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of 27 of April 2016 (RGPD), Organic Law 3/2018 of December 5 (LOPDGDD) and other current legal regulations regarding the protection of personal data related to the protection of personal data, detailed in the Legal Notice and Policy of privacy of this website.
4. PURCHASE PROCEDURE
The user will select a username and password, agreeing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of the loss or theft of them or of possible access by an unauthorised third party, in such a way that it proceeds to immediate blocking. The user will not be able to choose as a user name words that are intended to confuse others by identifying him as a member of the provider, as well as abusive, insulting expressions and in general, contrary to the law or the requirements of morality and good manners.
Once the user account has been created, it is reported that in accordance with what is required by art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
1. Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.
2. If you want to add more products, you must select the “Continue shopping” option. If by mistake you have added one that you do not want, you must click on the option to remove from the shopping cart. In the shopping cart the articles, the quantity, the price and the total amount will be observed. Once all the products have been chosen, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
3. Having chosen the product (s), you must click on the finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your data and the chosen payment method).
6. To finish the process, you must click on the Finish button. In any case, the provider’s contracting platform will inform the user, once the contracting procedure is completed, via email regarding all the characteristics, price, forms of transport, contracting date and delivery estimate of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear on the web to proceed to correct this error.
If you have any questions, you can contact our Customer Service through any of the methods provided on the website www.tribusana.com. TRIBUSANA will provide FREE Customer Service through our contact email firstname.lastname@example.org, if you choose another alternative means of communication, the user is the one who will have to take charge of the particular cost of the same. TRIBUSANA makes available telephones in Spain subject to the cost of your telephone operator.
Shipments will be made through the TRIBUSANA Company, whose Customer Service telephone number is +34 681 177 144.
Shipping costs will be applied as follows:
(a) The delivery time is usually between 24 and 48 hours on working days, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
(b) The Provider will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the user is false, inaccurate or incomplete.
(c) The delivery will be considered made when the carrier has made the products available to the user and the user, or the latter’s delegate, has signed the delivery receipt document.
(d) It is the responsibility of the User to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the provider will inform the user in advance regarding the procedure to be followed to perform this download.
6. PRICES AND DEADLINES OF VALIDITY OF OFFERS
All prices displayed on the website www.tribusana.com include the VAT in force at the time of purchase. All the prices that appear on the web are valid except for typographical errors or end of stock and in any case they will be expressed in the Euro currency (€).
Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. (VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products or services 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 article 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 the regulations in force in each of these territories).
The payment made to the provider will entail the issuance of an invoice in the name of the registered user. This invoice will be automatically sent to the email address provided by the user, as well as sent along with the product purchased.
The prices applicable to each product will be those published on the web and applied automatically by the contracting process in the last phase of the same. The client assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case, this will always be previously communicated to users.
In the cases of promotions of limited duration, the promotion discount will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.
For any information about the order, the User may contact the PROVIDER through the customer service telephone number or via email at the address provided.
7. FORMS OF PAYMENT:
Below we detail the available systems:
7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalised at the time of placing the order. Only Visa and Mastercard are accepted. We only accept payments with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorised by your bank or box. The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.2 Cash on delivery: The cash on delivery payment method is upon delivery of the order, when the transport company delivers the package, it will have to have the amount prepared for the aforementioned order to make the payment thereof, if not, the recipient must move to pick up your order at the Company, as well as after 2 absences at the delivery address. Orders will only be delivered to the address provided by the customer when placing the order.
7.3 Payment by transfer or deposit to account: At the time of finalising the order, the user will receive the instructions with the account number to pay for the order. It is essential that the assigned order number and the name of the user are clearly indicated in the transfer order. In order to confirm the order, it will be necessary to carry it out within 7 days, otherwise it will be canceled in our system.
7.4 PayPal: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the button “Back to the web” will return to the web to see the order and to be able to print it. PayPal has its own privacy policies and TRIBUSANA has no responsibility for them.
8. DELIVERY OF ORDERS:
8.1 Shipping Address: Orders will be delivered to the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the company of shipments, assigned for this purpose, as is the absence of the recipient. The delivery time of the order will be during normal working hours. Notwithstanding the foregoing, the provider has adopted the measures required of a diligent merchant so that the delivery can be made in the agreed time, so no liability can be attributed against the provider.
Shipments are only made to destinations in Spain and TRIBUSANA will use all the means at its disposal so that your order is delivered within the term that appears on our website on the date of issuance of the order confirmation.
8.2 Delivery times: they correspond to those set in the file for each product. In the case of products not available at the time of purchase, our Customer Service will be able to provide you with availability information and a delivery time.
If you have ordered several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Keep in mind that, in the absence of availability of any of the references at the time of shipment, you have the right to cancel the order at any time before sending it by contacting our Customer Service at the following address email: email@example.com indicating the order number.
8.3 Confirmation of shipment: At the time of delivery of the order to our carrier, we will send you confirmation of shipment to the email address you have provided.
8.4 Damages on delivery: The products are delivered in secure packaging. If at the time of delivery it is visibly and clearly appreciated, without the need to manipulate the shipping packaging or the product’s own, that a product has defects caused by damage caused by transport or it is appreciated, in the same way, a error in the merchandise received, the customer must detail this fact in the receipt signed by the carrier and immediately contact our Customer Service line +34 681 177 144 or email firstname.lastname@example.org within 24 hours of the reception, to be able to urge the return of the affected product or products and proceed to replace them with another in optimal conditions or, make the refund of the price paid for the same, as indicated in said email.
A proof of delivery without any damage report is equivalent to a product with the packaging in perfect condition. Likewise, if damage to the product is detected once the package is opened with the packaging in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line +35 681 177 144 or email info @ tribusana. com. After 24 hours of delivery, claims for product damage will not be accepted.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The User has 14 calendar days, counted from the date of the product, to return it (art. 71 Law 3/2014, of March 27). If you are not satisfied with the product or any of the products in your order, you can exercise your right of withdrawal, filling in the form attached to these conditions, with your order number (to obtain a refund of the amount of the product / s within of the maximum term of fourteen (14) calendar days following receipt of the order) together with your contact information. Unless the return is made due to product defects, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us by email email@example.com or by post, always within 14 calendar days of receipt of the order. After this period, you can only request the return or exchange of the product / s for technical reasons subject to the guarantee of said product / s.
You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an inappropriate use of the good or different from its own nature to the address that we have provided.
It is advisable to return it in its original packaging, in case it is not possible, the product will suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the products he / she sends, as well as the expenses derived from the shipment.
Provided that the products are returned within a period of 14 calendar days, without any damage or wear marks and complying with the requirements established in this section, with the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product must include:
– Return number provided
– Order number
– Date of purchase and exercise of withdrawal Information of interest (optional):
– Reasons for the return
– Information that you think is necessary or of interest to process the return
9.2 Return of defective product: the user must inform TRIBUSANA of the lack of conformity with the product within two months of becoming aware of it. In the event that the product is defective in origin, you must send an email to firstname.lastname@example.org with the order number and explaining the reason for the return. Our Customer Service will contact you by email or phone call indicating how to proceed to send the defective product and providing you with a return number.
The product (s) of the order must be returned to the address that we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote improper use of the good or different from its own nature.
Once the defective product is received in compliance with these requirements and it is verified that the product / s have a factory defect, we will contact you to manage the repair, replacement, reduction or termination of the contract. In any of the above cases, the derived expenses will be borne by TRIBUSANA.
9.3 Return of non-defective product: When the product does not have any defect and its return has been motivated by ignorance or misuse, TRIBUSANA will contact you to indicate the steps to follow for the recovery of the product. The shipping costs derived from the return of a product that does not present any damage or defect to the user will be borne by the customer and TRIBUSANA will not proceed to said shipment until it has received advance payment of the transport costs.
Verification by TRIBUSANA that the product resulting from the return is damaged by misuse or poor protection during shipping may lead to the cancellation of the Warranty or cause a decrease in the value of the product.
9.4 Return by error in the order by TRIBUSANA: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by email as soon as possible; TRIBUSANA will bear the costs of collecting the product sent by mistake and delivering the corresponding to the order placed.
9.5 Verification of Returns: The verification and verification of the products to be returned will be borne by TRIBUSANA which, once at its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may lead to the cancellation of the Warranty or cause a decrease in the value of the product.In case of missing any of the elements, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal may not be applied in the following cases:
– If the product is not presented in perfect condition.
– If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
– When the product is open without being able to show that it has not been used.
– In software applications that are directly downloaded through the portal.
– When they are personalized products or those, that for hygiene reasons or other legally foreseen exceptions, are not susceptible to this right.
Right of Withdrawal Document
10.1 Reimbursement of shipping costs: If you request reimbursement of return shipping costs, you must send the products by standard mail (ordinary letter). The responsibility of the shipment rests exclusively with the transport company or means contracted for said shipment. The extra expenses derived from the contracting of fast delivery services will be borne by the client.
10.2 Refund for return: In the case of return, the refund of the amounts paid will be made through the means of payment that was used in the purchase. TRIBUSANA will not refund the amount or carry out any reshipment of merchandise until the receipt and condition of the packaging and accessories of the product being returned or exchanged has been verified in our warehouse.
10.3 Reimbursement Term: the reimbursement will be made within a period of 15 business days from the receipt and verification of the conditions of receipt of the shipment. The maximum term to make the established payment is one month. To proceed with the refund you must give us the following information:
– return number
– invoice and order number
– IBAN + 20 digits of your bank account.
10.4 TRIBUSANA declines the refund of the amounts if:
– the products are used or damaged, or their use has exceeded their nature.
– the products are missing something.
11. APPLICABLE WARRANTIES AND AFTER-SALE SERVICES
11.1 Guarantee: All products offered through the website are completely original, unless otherwise indicated in their description.
All products have a warranty period of 2 years, in accordance with the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases in which it may be of different duration.
In the event that the Law on Guarantees for the Sale of consumer goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the TRIBUSANA team will indicate how to proceed by mail email or phone call. In these cases, TRIBUSANA is not responsible for how the manufacturer processes the guarantee of said product.
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
(a) Conform to the description made by TRIBUSANA
(b) They are suitable for the uses to which products of the same type are ordinarily intended.
(c) They are suitable for any special use required by the client when they have informed TRIBUSANA at the time of the contract, provided that the latter has admitted that the product is suitable for this use.
(d) Present the usual quality and performance of a product of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by TRIBUSANA.
(e) TRIBUSANA describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by TRIBUSANA or under its responsibility, or by the USER when the installation is defective. It is due to an error in the installation instructions.
3. The responsibility for non-conformity that the User knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the User will not proceed.
11.2 Defective products: In the event of a defective product, TRIBUSANA must proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), procedures that will be free of charge for the user.
TRIBUSANA is liable for any lack of conformity that appears within a period of two years from delivery, as long as it informs TRIBUSANA of the lack of conformity within two months of becoming aware of it.
11.3 Cases of cancellation of guarantee: The guarantee does not apply in the following cases:
– Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,
– Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,
– Faults and deterioration of accessories,
– Deterioration created by misuse of the product, improper use, non-respect of the instructions for use regarding its use and maintenance or improper installation,
– Damages generated by unaccredited persons or the user,
– Damage caused by accident, lightning, flood, fire or any other cause that is not the responsibility of the manufacturer,
– Damage caused by a failure of the system in which the product may be incorporated,
– If the model or serial number of the product shows any modification,
– Use of the product outside the family and private framework, for example in intensive professional use, or
– Products already repaired by Repair Services outside TRIBUSANA.
11.4 Substitution of an irreparable product: In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics. The replacement of your product will terminate your sales contract and warranty extensions, if any, since when acquiring your new product it will benefit from a new contract as it is a new purchase.
12. ONLINE DISPUTE RESOLUTION
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
13. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the General Conditions subsisting in everything else, having such provision, or the part of it that is affected, by not being placed.
14. APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these. Conditions, to the Courts and Tribunals of the provider’s domicile (if it is a legal person) or the user (if it is a natural person) . In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other jurisdiction, submitting to the Courts and Tribunals of the city of Alicante (Spain).
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.