TERMS AND CONDITIONS
GENERAL CONTRACTING CONDITIONS
This contractual document will govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website anamuleronutricion.es/, owned by Jorge Moreno Pérez under the trademark Outside The Box, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understands and comprehends what is set forth herein.
Is a person with sufficient capacity to contract.
Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is Jorge Moreno Pérez, with registered office at CP 28043, NIF 05965163K and customer/USER service telephone number 616122842.
And on the other hand, the USER who contracts the nutrition services of the PROVIDER, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly displayed through the website, of a nutritional consulting and advisory service.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email address jorge.morenoperez@hotmail.es so that Jorge Moreno Pérez can correct them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
Contracting procedure
In order to access the services offered by the PROVIDER, the USER must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Claims and resolution of online disputes.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, costs and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
Since the order does not entail the physical delivery of any product, and the contracted services are downloaded or activated directly from the website, the PROVIDER will inform the USER in advance of the procedure to be followed to carry out this download or activation.
Failure to execute the distance contract
In the case of the provision of a service, this will be available from the moment the USER has made the payment for it and can be downloaded or activated according to the conditions of the PROVIDER.
In the event that the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to follow to make the reservation.
In the event that the contract cannot be executed because the contracted service is not available within the expected time frame, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER in repaying the full amount, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of this amount.
The PROVIDER shall not assume any liability when the download or activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.
The provision of the service shall be deemed to have been carried out at the time the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form:/ /formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the date of expiration of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to jorge.morenoperez@hotmail.es, indicating the corresponding invoice or order number.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Registered office: Avenida de San Miguel, 1D, 2C (San Miguel de Meruelo, 39192), Cantabria.
Telephone: 616122842
e-mail: jorge.morenoperez@hotmail.es
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of disputes between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, 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, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Compliance with the obligation shall be delayed until the cessation of the case of force majeure.
COVID-19: If due to mobility restrictions or another reason relating to the regulations consolidated in the COVID-19 code the USER cannot receive the service, the registration fee will be fully refunded or the USER will be able to use his/her reservation until ……………… or a new date proposed by the PROVIDER.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Jorge Moreno Pérez or to what is stipulated herein shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the services may vary in real time.
Before making the purchase, you can check all the details of the estimate online: services, quantities, price, availability, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.
Once the order is placed, the prices will remain the same whether the service is available or not.
All payments made to the PROVIDER entail the issuance of an invoice in the name of the registered USER or the company name that the USER has provided at the time of placing the order. This invoice will be sent in paper format together with the purchased product, as well as in PDF format to the email address provided by the USER, provided that they have given their express consent to do so, informing them that they may revoke said consent at any time by communicating this to the PROVIDER by any of the means made available to them.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that they have provided at the time of placing the order. For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 616122842 or via email to the address jorge.morenoperez@hotmail.es.
9. TRANSPORTATION COSTS
There are no shipping costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and enables the following methods of making payment for an order:
Credit card
The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER may obtain data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added to the basket. In this, only the selected services, the quantity, the price and the total amount will be seen. Once the basket is saved, the taxes, charges and discounts will be calculated according to the data entered.
Baskets have no administrative link, it is only a section where a budget can be simulated without any commitment on either side.
From the basket, an order can be placed by following the steps below for its correct formalization:
– Checking the billing data.
2. – Checking the method of provision of the service (download, activation…).
3. – Selecting the payment method.
4. – Placing the order (purchase).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate download and/or activation date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
Outside The Box may, without notice, suspend or terminate USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
Where Outside The Box exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to Outside The Box.
13. WARRANTIES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation or the place where the property is located if it is immovable.