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Services and products contracting General Terms and use of the online shop
These general terms and conditions apply to all business transactions conducted in our online shop, migimnasio.com, whose domain is owned by MIGIMNASIO NUTRICION DEPORTIVA, SL
migimnasio.com is a business unit belonging to MIGIMNASIO NUTRICION DEPORTIVA, SL, a company legally incorporated in Spain, with vat number B-86667250. Any notification can be sent to the registered address: Plaza de Colon, 2, Torre I, pl. 20, 28046 MADRID (Spain), telephone 902 040 050 from within Spain // (+34) 91 787 96 50 from outside Spain, or email at: email@example.com
migimnasio.com bases its activity on distance selling through the internet of food supplements (food supplements according to the 2002/46/EC European Directive) and sport and fitness products
IMPORTANT: Nutritional supplements supplement nutrient intake of a normal diet and should never replace a balanced and varied diet, neither treat, prevent, diagnose or cure any illnesses attributable only to drugs, as defined by the 2004/27/EC European Directtive of 31st of March the council of the European Parliament on medicines. They should not be used as substitutes for medical treatment and should be out of reach of children. The consumption of these products should be checked by a professional and if in doubt consult, your doctor
3. Content and information provided on the website
migimnasio.com reserves the right to modify the commercial offer presented on the website (changes on products, prices, promotions and other sales and service conditions) at any time. migimnasio.com makes every effort within its means to provide the information on the website accurately and with no typographical errors. In the case that at some point there is any error of this kind, beyond the control of of migimnasio.com at all times, it would be corrected immediately.
The contents of the migimnasio.com website could sometimes show provisional information on some products. In the event that the information provided does not correspond to the characteristics of the product, the customer is entitled to cancel the order at no cost.
The information, content, statements and expressions contained in the packaging of products sold by migimnasio.com have been introduced by the manufacturers or distributors of such products, without any intervention from migimnasio.com. The customer understands that migimnasio.com is merely an intermediary between him and the manufacturer or distributor.
In "Guaranteed inimum Price" promotions, migimnasio.com pay the customer the difference between the price paid on our website and the price paid for the same product (brand, model and container) in other similar online shop at similar conditions (justifying the purchase with receipt), provided that the date of both purchases has been within a 30 day total period.
In promotions on loyalty programs with accumulating points (MGs or other), the unused points will expire after 12 months.
In case of being invited to them by another user, the client agrees that, in case such invitation is accepted, his/her future purchasing data will be treated by migimnasio.com so that the applicable points can be redeemed to the inviting user.
In "VIP CLIENT" loyalty programs, free services may be changed with 30 days notice to customers included in that program. Personalized nutrition plans are limited to a period of every three months, requested through our contact form. The plan is drawn up by our nutritionists via Email and is intended for guidance only, not for therapeutic and never replaces the doctor's advice.
4. Sales system
To make a purchase, the user can choose several ways to place the order:
Internet through the "shopping cart"
By telephone to our customer service: 902 040050 from within Spain // (+34) 91 787 96 50 from outside Spain
By e-mail at: firstname.lastname@example.org
5. Applicable Taxes
The prices of the products displayed on the website migimnasio.com, include Value Added Tax (VAT).
6. Accepted payment methods:
-Bank Transfer (phone orders only)
-Cash on delivery (only in Spain and some countries in the European Union for orders under 100 Euros)
-Credit or debit card card (only when purchasing on the web)
-Paypal (only when purchasing on the web)
In certain cases and to prevent fraud, migimnasio.com reserves the right to request a customer a specific method of payment in the event that no clear evidence of the identity of the buyer is produced, or migimnasio.com it deems appropriate.
7. Shipping methods, costs and delivery time.
The customer can choose the shipping method according to the ones possible in the delivery area. The customer should be aware that the delivery, quality of service, the point of delivery and the cost will be different for each mode of transport
No shipments allowed to PO Boxes.
migimnasio.com sends orders to its customers through various courier companies of national and international renown. The date of delivery to the customer's address depends on the chosen product availability and shipping area. Transport times are available in the Delivery section of our website. In any case, the period can never exceed 30 days from the date of order confirmation from us. Before confirming your order the customer will be informed about a shipping and delivery times that apply to your specific order. migimnasio.com is not responsible for extraordinary incidents that the carrier may have, which may affect the delivery of the goods
Deliveries outside the EU: The costs of tariffs / customs that may arise from shipments outside the EU will be provided by the customer. Since customs laws change frequently in different countries, we can not be aware at all times of the applicable customs fees so that we can inform the customer of the same when ordering.
Our products are completely legal when they leave our warehouse, but in some countries, territorial restrictions regarding certain substances (or formulas with these substances) and it is the obligation of the customer to verify this with local authorities before placing your order in our online shop.
Migimnasio.com is not responsible for any product of any, tax, surcharge, restriction or confiscation by the customs authorities of the destination country or any problems that may arise from this fact. Being customer's sole responsibility customs charges and derivatives products imported into the country of destination. In this sense, the recipient will be contacted by the customs or the transit agency and given a deadline to submit additional documentation or payment of additional fees. If this deadline is not respected, the order will be returned or destroyed.
If for any of the above reasons the order is returned to us, all expenses with respect to the delivery and return will be borne by customer.
If the order is confiscated or lost or destroyed in Customs and it is returned to us, we will not make a refund.
In some countries, where delivery is not possible due to reasons beyond migimnasio.com like eg. wrong or non-existent address, the order is destroyed by the transit agency and no refund is applicable.
8. Buyer's rights and Return Policy
migimnasio.com guarantees its customers the option to cancel the order at any time and at no cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment.
The customer shall have a period of ten days from receipt of the order to terminate the contract and return the product purchased. The customer shall communicate migimnasio.com within the stipulated time and for any lawful means, his/her desire to exercise the right to terminate the contract. The returned order must be delivered together with the delivery note and, if applicable, issue an invoice to migimnasio.com, the customer being in charge of return postage and associated costs.
The customer may return any item bought at migimnasio.com as long as the products have not been opened or used and retain their original packing or seal. In these cases, migimnasio.com will refund the purchase cost through a credit to the customer´s credit card, by bank transfer to the account specified by the customer or credit to the custmer´s personal bank account.
If a product other than the one requested by the client out of migimnasio.com is delivered by mistake, it will be removed and the right product will be sent at no additional charge to the buyer
For any issues related to the return of items in our store, please contact our customer service department via email: email@example.com or by phone at 902 040 050 (from Spain) // (+34) 91 787 96 50 form outside Spain
The provisions of this paragraph shall be without prejudice to the legal rights that apply to the consumer in terms of guarantees. In case that the product is defective, and provided the lack of conformity becomes apparent within two months, the consumer will be entitled to replacement of the product in cases where repair is not possible, and at no cost for him/her.
9. Customer Obligations
The client of migimnasio.com agrees to provide always truthful information about the data requested in user registration forms or when placing an order, and keep them updated at all times.
The customer agrees to accept all the terms and conditions set out in these General Terms and Conditions, understanding that they reflect the best possible service for the type of activity performed by migimnasio.com.
Also, the customer agrees to keep his/her personal access code to our website confidential with the utmost care.
The customer agrees to allow the delivery of the order providing a delivery address where such order can be properly delivered within the usual time for delivery of goods (from Monday to Friday: in Spain from 10.00 am to 1.30 pm and 4.00 to 6.00 pm / other countries: Mon-Fri. 9.00 am to 5.00 pm), and to facilitate a valid contact phone or email address to confirm delivery. In case of non-observance by the customer of this obligation, migimnasio.com shall have no liability for delays or non-delivery of the order placed by the customer.
10. Security, privacy and data protection policy
migimnasio.com guarantees the security and confidentiality in all communications with clients.
All on-line payment transactions are conducted through a secure server based on the SSL standard, which protects data against third party attempted rape. migimnasio.com never stores the data of credit or debit card: In the process of purchasing, the customer is redirected to the Virtual POS bank for entering it. The rest of the buying process data stored in a database designed for this purpose. migimnasio.com guarantees the protection and confidentiality of personal data, addresses, payment data and other type of data provided by our clients in accordance with the provisions of Spanish Law 15/1999 of 13th December on the Protection of Personal Data.
All information provided by our customers to migimnasio.com or its employees, will be included in an automated file of personal data, created and maintained under the responsibility of MIGIMNASIO NUTRICION DEPORTIVA, SL, and registered with the Spanish Agency for Data Protection, under the MIGIMNASIO NUTRICION DEPORTIVA, SL ownership, with the purpose established in each data collection form. This form will allow the customer to accept or not certain purposes and uses other than those necessary for the performance of this contract.
In compliance with the provisions of Law 15/1999 of December 13, customers of migimnasio.com can at any time exercise their rights of access, rectification, cancellation and opposition of their personal data by writing, accompanied by a photocopy of their ID or passport, addressed to MIGIMNASIO NUTRICION DEPORTIVA, SL, Plaza de Colon, 2, Torre I, planta 18, 28046 MADRID (Spain), or via email at: firstname.lastname@example.org
In the event that the information supplied is associated with a purchase, it will be held during the applicable legal terms, so that it can not be erased or rectified, even if the customer requests it, although it can be blocked (cancelled).
11. Rights of the contents of the website
All content on the website migimnasio.com (illustrations, texts, names, trade marks, images, videos) is the property of migimnasio.com, its suppliers or contributors. Any total or partial reproduction of the contents by any means and in any form is subject to prior and express consent from migimnasio.com.
All information, content, files and programs offered by our service are protected by industrial, intellectual property and copyright laws.
migimnasio.com disallows copying, publication or distribution of all content to third parties who do not have intellectual property rights. Any use of this content fraudulently will be considered as offenses relating to intellectual property sanctioned by the Spanish Penal Code.
Migimnasio.com can not be held responsible for the violation by one or more users of the rights of third parties through their activities on the website.
12. Applicable law and jurisdiction
Purchases made at migimnasio.com come under the Spanish law.
In the event that the user has consumer legal consideration, the parties submit, at their choice, to resolve conflicts and renouncing any other jurisdiction to the courts of the registered user. Likewise, as an entity which is a member of CONFIANZA ONLINE (trust online) and under the terms of its Ethical Code, in the case of controversy relating to online contracting and advertising, data protection, child protection and accessibility, users can apply to the system-of-court dispute of CONFIANZA ONLINE (www.confianzaonline.es).
Otherwise, the parties submit, at their choice, to resolve conflicts to the the courts of Madrid (Spain), renouncing to any other jurisdiction.