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Delivery conditions

General conditions

Table 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 - Compliance and Guarantee
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
Under the present conditions, the following definitions will apply:

  1. Withdrawal period: period in which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Fixed-term operation: remote contract related to a series of products and/or services whose obligation of delivery and/or purchase extends over time;
  5. Durable support: any medium that allows the consumer or entrepreneur to store information directed personally to them in a way that allows for future consultation and the unaltered reproduction of the stored information.
  6. Right of withdrawal: possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Form model: the form model for withdrawal provided by the trader that a consumer can fill out 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 the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to the conclusion of the contract inclusive, exclusive use is made of one or more distance communication techniques;
  10. Distance communication technique: a 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
Av/Valencian Country 43
03580 Alfaz de Pi (Alicante)
VAT: ESZ0468747N

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 the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general conditions can be consulted at the entrepreneur's premises and will be sent to the consumer free of charge 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 conditions may be made available to the consumer electronically in such a way 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 conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general conditions, specific conditions of the product or service apply, the second and third paragraphs shall apply mutatis mutandis and, in the case of contradictory 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 conditions are at any time totally or partially null or annulled, the contract and these general conditions shall otherwise remain in force and the provision in question shall be promptly replaced by mutual agreement with a provision that closely approximates the meaning of the original.
  6. "Situations not covered by these general conditions must be evaluated 'according to the spirit' of the same."
  7. "Doubts regarding the interpretation or content of one or more provisions of our general 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 stated 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 for an adequate evaluation of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.
  4. All images, 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 displayed correspond exactly to the actual colors of the products.
  6. Each offer contains the necessary information for the consumer to clearly understand the rights and obligations that come with the acceptance of the offer. This refers in particular to:

    • price including taxes;
    • shipping costs;
    • the way in which the agreement will be celebrated and the necessary actions for it;
    • whether or not the right of withdrawal applies;
    • the payment method, delivery, and execution of the agreement;
    • the acceptance period of the offer, or the period in 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 fee of the communication technique used;
    • if the agreement is filed after its conclusion and, if so, how the consumer can access it;
    • the way in which the consumer, before entering into the contract, can verify the data they have provided under the contract and, if they wish, correct it;
    • any other language in which, in addition to SPANISH, the agreement may be executed;
    • the codes of conduct to which the merchant has submitted and the way in which the consumer can consult such codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term 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 the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not 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 transfer of data and will 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- inquire 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 valid reasons not to enter into the agreement, they have the right to reject an order or a request or to impose special conditions for its execution, stating the reasons.
  5. The seller shall include the following information with the product or service to the consumer, in writing or in a manner that can be stored by the consumer in an accessible way on a durable data medium:
  6. the address of the merchant establishment to which the consumer can direct their complaints;
  7. the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
  8. the information about the 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 has a duration of more than one year or is of indefinite duration.
  11. In the case of a long-term operation, the provision of the previous paragraph only applies to the first delivery.
  12. Each agreement is made under suspensive conditions of sufficient availability of the corresponding products.

Article 6 - Right of Withdrawal

Upon delivery of the products:

  1. In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period begins the day after the product is received by the consumer or by a representative previously designated by the consumer and communicated to the seller.
  2. During the reflection period, the consumer will handle the product and its packaging with care. 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 entrepreneur with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the 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 merchant 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 demonstrate that the delivered goods were returned on time, for example, by means of 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 entrepreneur once the periods mentioned in sections 2 and 3 have elapsed, the purchase is a fact.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, the return costs will be at their expense 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 entrepreneur or conclusive proof of the complete 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 the products:
  3. that the seller carries out according to the specifications of the consumer;
  4. which 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 programs whose seals have been broken by the consumer.
  10. for hygiene products whose seals have been broken by the consumer.
  11. The exclusion of the right of withdrawal is only possible for the services:
  12. about accommodation, transport, catering or leisure activities that must be carried out on a specific date or during a certain period;
  13. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
  14. About betting and lotteries.

Article 9 - The price

    1. Prices of the products and/or services offered 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 that are beyond the control of the Entrepreneur, with variable prices. This link to the fluctuations and the fact that the indicated prices are target prices will be stated in the offer."
    3. Price increases in the 3 months following the signing of the contract are only permitted if they arise from regulations or legal provisions.
    4. Price increases starting 3 months after the contract is signed are only allowed if the entrepreneur has stipulated it and:
    5. derive from norms or legal provisions; or
    6. the consumer has the right to terminate the contract from the day the price increase comes into effect.
    7. The prices mentioned in the product or service offer include VAT.
    8. All prices are subject to printing and typographical errors. No responsibility will be accepted for the consequences of misprints and typographical errors. In the event of typographical or printing errors, the seller is not obligated to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

    1. The entrepreneur guarantees that the products and/or services conform to what was agreed upon, to the specifications mentioned in the offer, to the reasonable requirements of sturdiness and/or utility, and to the legal and/or governmental regulations in force on the date of the contract's conclusion. If agreed upon, the entrepreneur also guarantees that the product is suitable for a use other than normal.
    2. A guarantee provided by the entrepreneur, the manufacturer, or the importer does not affect the rights and legal claims that the consumer may assert against the entrepreneur based on the agreement.
    3. Any defective product or incorrectly delivered product must be communicated to the entrepreneur in writing within 4 weeks from the delivery. The 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 shall 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 products delivered by themselves or has had them repaired and/or modified by third parties;
      • The delivered products have been exposed to abnormal conditions or treated in some other way without care or contrary to the instructions of the entrepreneur and/or handled in the packaging;
      • The defectiveness is due, in whole or in part, to the regulations imposed or that may be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

    1. The seller will take the utmost care when receiving and executing product orders and when evaluating service requests.
    2. The delivery location is the address that the consumer has communicated to the company.
    3. Without prejudice to the provisions of section 4 of this article, the company will execute accepted orders with the appropriate speed and no later than within a period of 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer will have the right to terminate the contract at no cost. 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 dissolution in accordance with paragraph 3 of this article, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible and, at the latest, within 14 days following the dissolution.
    6. If the delivery of a requested product proves impossible, the entrepreneur will make an effort to provide a substitute item. No later than at the time of delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipping will be borne by the entrepreneur.
    7. The risk of damage and/or loss of the products falls on 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 may 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 a notice period of no more than one month.
    2. The consumer may terminate a fixed-term contract, which extends 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 a notice period of no more than one month.
    3. The consumer can modify the agreements mentioned in the previous sections.
      • end at any time and not be limited to the termination at a specific moment or period;
      • at least put an end to them in the same way they were subscribed by him;
      • "they always expire with the same notice period that the employer has stipulated for himself."

Extension

    1. "An agreement entered into for a defined period and extending to the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a defined period."
    2. Notwithstanding the provisions of the previous paragraph, a contract that has been entered into for a defined period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a defined 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.
    3. 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 in the case that the contract refers to the periodic delivery, but less than once a month, of daily or weekly newspapers and magazines.
    4. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines as an introduction (trial or introductory subscription) does not continue tacitly and ends automatically at the end of the trial or introductory period.

Duration

    1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

    1. "Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the reflection period provided for in Article 6, paragraph 1. In the case of an agreement for the provision of a service, 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 the reasonable costs disclosed to the consumer in advance.

Article 14 - Complaint Procedure

    1. The entrepreneur has a sufficiently publicized complaint procedure and processes the complaint according to that procedure.
    2. Claims regarding the execution of the contract must be submitted to the contractor within 7 days, described in a complete and clear manner, after the consumer has identified the defects.
    3. "Claims submitted to the employer will be answered within 14 days from the date of receipt. If a claim is expected to require a longer processing time, the employer will respond within the 14-day period 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 is subject to resolution.
    5. In case of a complaint, the consumer must first contact the entrepreneur. It is also possible to register complaints through the European ODR platform.http://ec.europa.eu/odr).
    6. "A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing."
    7. If the operator considers a claim valid, the operator, at its discretion, will replace or repair the delivered products free of charge.

Article 15 - Disputes

    1. The contracts between the entrepreneur and the consumer referred to in these general conditions are exclusively governed 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 detrimental to the consumer and must be recorded in writing or in a manner that allows the consumer to retain them in an accessible format on a durable data medium."

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