GENERAL TERMS & CONDITIONS OF SALE OF DIETOX
The parties linked through the conditions below are FoodTerapia S.L., a Spanish company with registered office in 124 Rambla de Catalunya, 4-1, 08008, Barcelona, and registered in the Mercantile Register of Barcelona with number 2012/2046, Volume 43289, Folio 88, Sheet 423297, on July 19th 2012, Tax Identification Number B-65844136, SGS number 21.18093/B, hereinafter referred to as FOODTERAPIA, and the user filling in all parts of the registration form, hereinafter referred to as the USER.
Please, read carefully the following regulations for the services provided on this webpage, hereinafter referred to as DIETOX.
The purpose of DIETOX is to provide an e-commerce platform where fasting products and plans can be acquired without intermediaries.
These conditions must be agreed to before browsing through, or acquiring, said products. DIETOX has been created by FOODTERAPIA for information and sales purposes. Access to, and navigation on DIETOX implies knowledge and agreeance to the following General Terms and Conditions of Sale.
DIETOX and its full content, including but not limited to, text and graphics (collectively, “Content”), are protected by copyright, and DIETOX’s copyrights are the property of FOODTERAPIA or the creator of the content included. However, one may display, print, and/or distribute DIETOX’s Content on paper, provided that (1) said Content is used for internal personal or professional purposes and not for any other purpose contrary to the commercial interests of DIETOX and/or its products; (2) said Content is not copied or used online or on any other website for public or commercial purposes without prior authorization; (3) said Content is not modified or changed; and (4) FOODTERAPIA’s copyright notice is included in said Content as follows:
© DIETOX – All rights reserved
DIETOX can be accessed and its products bought by natural persons of legal age with sufficient capacity to enter into an agreement, who have previously registered in the corresponding section. The data entered in the form must be complete and truthful, with DIETOX reserving the right not to admit or unregister those who fail to comply with this requirement. Safeguarding of the user name and password is the sole responsibility of the USER. In no case will DIETOX have access to passwords, sensitive or private data, credit card numbers, PayPal passwords, or any other private piece of information pertaining to the USER.
The duly registered USER can make purchases on the DIETOX website in the manner and by the means established. Displayed prices are final, in Pounds Sterling (£), and including tax, unless that due to legal requirements, particularly in what pertains to VAT, it has to be shown and applied otherwise. Every order requires that the prices and descriptions of the products available for sale are agreed to. In the case of a price markdown, the price will be shown with the previous price crossed off (example), thus reflecting the final price. DIETOX commits to dispatching the products acquired by the USER based on production and/or the availability of the products in stock. In case of unavailability, the USER will be informed either in writing or by means of an “out of stock” button on the description / sales page of the corresponding product. Likewise, if due to computer problems or technical issues this information were not correctly displayed, DIETOX commits to informing the client as soon as possible, changing the delivery date or cancelling the order, with the corresponding amount refunded. With regard to discount vouchers/coupons, they are not compatible with other discounts or offers, and they are not cumulative. Distributors may not use a discount coupon without prior authorization.
DIETOX’s juice blends are formulated by FOODTERAPIA and produced in factories that comply with all relevant sanitary and legislative requirements independent of FOODTERAPIA and DIETOX, and contain, where appropriate, fruits, vegetables and superfoods. They are all 100% natural, raw and fresh, with no added preservatives or colorants. For this reason, these juices must be refrigerated upon receipt, and consumed before the stipulated date. Our packaging maintains the right temperature during transport, but it is the client’s responsibility to make sure they are stored in the fridge upon receipt.
Signing Up for the Subscription
DIETOX subscriptions can only be signed up for by individuals older than 18 years of age with sufficient capacity to enter into an agreement of their own name and right, or that of the legal person they represent with sufficient power.
All persons signing up for a subscription will be considered, for purposes of the subscription described in the present document, as consumers.
By subscribing to DIETOX, and in exchange for the monetary compensation established in the subscription form according to the mode of subscription agreed to, the USER will receive the offer subscribed to. Promotional offers for products that require the payment of an additional amount will not form part of said subscription.
Formalizing the DIETOX Subscription
In order to subscribe to DIETOX, the user will have to visit the “SUBSCRIBE” section at the bottom of the homepage on the website, or otherwise, in the “SUBSCRIPTIONS” section in the homepage, after choosing their preferred subscription modality.
Prior to making the payment, the user will be asked to create an account using an email address, as well as to fill in a series of additional details.
DIETOX guarantees full compliance with the regulations governing Data Protection, in particular, the Organic Law 15/1999 of December 13th, the Data Protection Directive on the protection of personal data (herein referred to as DPD) and its regulations. DIETOX has implemented the necessary security measures to warrant security and confidentiality in the treatment of personal data under the DDP. The moment at which the interested party requests becoming a DIETOX USER, their personal data are added to a database property of Dietox and duly registered in the General Registry of the Spanish Agency for Data Protection, with the only purpose of maintaining a business relationship with the USER.
The USER may, at any time, exercise his right of access, rectification, deletion or opposition to the treatment of his personal data by getting in touch with DIETOX, either by means of an email sent to firstname.lastname@example.org indicating the nature of the issue, or by means of a postal letter addressed to Dietox’s “Customer Service Department” at the following address: Rambla de Cataluña 124, 4º-1ª (08021) Barcelona. In all cases, a photocopy of the user’s national ID or equivalent should be supplied, and the right he wishes to exercise should be indicated.
The USER declares that each and every one of the pieces of information supplied are truthful, with DIETOX reserving the right to exclude from their subscriptions any USER who provides false data, without prejudice to the actions they might be rightfully entitled to.
Moreover, the USER declares that he fully understands and agrees to the CONDITIONS governing both parties from the moment he subscribes to DIETOX onwards.
The contract between the USER and DIETOX (herein “CONTRACT”) is understood to be formalized as soon as the USER has completed the subscription process by filling in the standard registration form and confirmed his subscription to the Products. Once the subscription has expressly been confirmed, the Contract is understood to have been formalized, and DIETOX will send an email confirming receipt of the request to subscribe, the modality selected, and the delivery date chosen (“Shipment Confirmation”). Said request implies agreeing to the present general conditions.
Conditions & Content of the Subscription
DIETOX reserves the right to modify and/or add services that include the various subscription modalities, provided they give the USER reasonable notice. Said modifications will affect new SUBSCRIBERS from the moment they subscribe, and already active SUSCRIBERS from the time conditions change, the moment they renew their subscription.
In the event that DIETOX decides to terminate any of its services due to business or other reasons, they will have to notify any USERS affected, giving reasonable notice, in order to give them the chance to end their subscription if they so desire, without incurring any additional expenses.
Fees & Payments
The price of each modality of subscription and the various modes of payment will be clearly indicated on the website. Any changes made by DIETOX to the subscription modalities and/or modes of payment will be published on this website and subscribers will be given reasonable notice. Modifications will affect new SUBSCRIBERS from the moment they subscribe, and already active SUBSCRIBERS from the time conditions change, the moment they renew their subscription.
The USER must cover the corresponding fee by their chosen mode of payment, from among those accepted, with the payment generally being made at the start of the subscription. The USER commits to covering the fee corresponding to their DIETOX subscription, accepting that in the event it is not possible for DIETOX to collect payment, the requested subscription will be denied or cancelled, if the latter was still active.
Moreover, in the event of non-payment, DIETOX reserves the right to take the necessary legal action to pursue fulfilment of the pecuniary obligations deriving from subscription. DIETOX can, whenever it deems it suitable, modify their subscription fees. Modifications to subscription fees will affect new SUBSCRIBERS from the moment they subscribe, and already active SUSCRIBERS from the time conditions change, the moment they renew their subscription.
Duration of the Subscription
DIETOX will inform of any changes in price and/or subscription modalities prior to their processing and will give reasonable notice, so the USER can cancel, should he not wish to continue his subscription, in agreement with the terms established in the present conditions.
Subscriptions will automatically be renewed unless otherwise specified by the client. DIETOX will automatically charge the amount corresponding to a 2 to 3 month renewal of the subscription as applicable depending on the particular subscription modality, notifying the client in advance by email.
Cancelling the Subscription
Each subscription modality details the products included, as well as the frequency, duration, and price of said subscription. When it comes to frequency, it can be weekly, monthly or trimonthly; whereas the duration of the subscription can be either two or three months.
Subscriptions can only be cancelled after completing the first cycle of 2 or 3 months, as applicable, before the three days prior to any of the following deliveries. In such cases, and only if the first cycle of subscription has been completed, DIETOX will only charge for the next shipment. Refunds, when applicable, will be processed as quickly as possible.
For instance: If you sign up for a monthly subscription with a three-month duration, you’ll be able to cancel it at the end of the third month, in what would have been the first delivery of the renewal, the first payment. To cancel, you’ll have to give notice at least 3 days prior to the first delivery of the renewed three-month subscription. In the event a subscription is cancelled after being renewed, DIETOX will charge for and ship the next delivery, while refunding the difference and cancelling the subscription and any other deliveries or payments for good.
Modifying the Subscription
The USER can modify his subscription at any time while the latter is still valid. Modifying a subscription will in no case imply the reimbursement of any amount the USER may have covered in compensation for the products in his DIETOX subscription. In the event of modifying his subscription, the USER will have to first cancel his subscription as specified in the terms in these conditions, and then sign up for their new desired subscription modality.
What Is It?
The Dietoxer Club is a referral system by which USER1 can invite USER2 to try Dietox. In exchange, both users receive discount coupons redeemable on DIETOX.
Any USER placing an order on DIETOX is immediately able to invite another USER2 by selecting the DIETOXER CLUB option on his client account.
The person receiving the invitation [USER2] immediately receives a 20% discount coupon for their first DIETOX purchase. At the same time, USER1 is given a £10 voucher for Dietox products, which will need to be activated. As soon as USER2 places his first order using his 20% discount, USER1’s 10€ voucher is activated.
The 10€ voucher will be added to USER1’s account, and he can opt between redeeming it right away and letting vouchers accrue until the moment he decides to redeem them. The total amount of vouchers accumulated can be looked up in the DIETOXER CLUB section of the USER’s account.
USER2 is given one month to use his 20% discount coupon from the time of receiving the invitation. He will be allowed to use said discount one single time to purchase any Dietox product, excluding the Dietox Booklet (Spain) and any of the subscriptions. After his first order, USER2 will also be able to invite other users and accumulate money vouchers for his own Dietox purchases.
Dietoxer Club only admits invitations for new users. The 20% discount will not be applicable to users who have already placed an order on DIETOX.
Premium Users will only be able to redeem their coupons after their Premium contract expires.
What Is It?
Dietox Premium is a service offered by Dietox. With Dietox Premium the user makes a single payment of €60 that enables him to make an unlimited number of purchases with a 20% discount for the duration of one year (12 months from the date of agreeing to the contract). The 20% discount is applicable to all products except for the booklet (Spain) and subscriptions.
The Dietox Premium contract is not cancellable and will automatically be renewed unless otherwise indicated by the client at least five days before the expiration date. DIETOX will automatically charge the user for the amount corresponding to a year’s renewal, giving the client prior notice by email.
Dietox Premium cannot be used in conjunction with other promotions. Dietox Premium users will not be able to use other discount coupons.
DIETOX’s modes of payment are: credit or debit card (Visa, MasterCard, Electron and Maestro), or PayPal. The use of payment information or instruments from third parties not recognised by DIETOX is not permitted. Security of transactions: FOODTERAPIA employs all means possible to guarantee the security and confidentiality of all data exchanged online on DIETOX’s website. Payment gateways use an SSL (Secure Socket Layer) security protocol. The credit/debit card payment gateway includes an integrated Click to Pay service. Said system enables the use of cards from previous transactions in future purchases. For more information, you can get in touch with us on the phone or by email. In no case will DIETOX or FOODTERAPIA have access to any sensitive data, such as credit card numbers or passwords.
In the event of concerns or queries the USER can get in touch with DIETOX for clarification.
The price indicated for each product or service does not include shipping costs, which will be added to the total amount owed. Said shipping costs are detailed at the end of this section.
In the event of orders where a discount voucher, promo code, coupon, or others have been applied, shipping costs will be as established in each promotional campaign. Please, do get in touch with our team for further information at email@example.com or on 0203 514 7285.
By completing the order, the USER agrees to the cost of shipping.
Delivery of the order will be carried out on the date determined by the user in the calendar shown at checkout, after payment has been confirmed, save in the event of problems arising with transport or circumstances of force majeure outside DIETOX’s control.
It is the client’s responsibility, at the time of delivery, to make sure the product is in good condition. Thus, if the box is open or the appearance of the packaging gives rise to doubt or suspicion as to whether the integrity of the product has been compromised, the client should refuse collection, and immediately notify DIETOX on 0203 514 7285 or by email at firstname.lastname@example.org.
Warning regarding holidays: If the chosen date of delivery happens to fall on a holiday in the locality where the delivery is to take place, it will be rescheduled for the next working day, excluding Saturdays.
It is the client’s responsibility to be aware of any holidays in the locality where the delivery has been requested.
Shipping Charges within the Iberian Peninsula.
A standard charge of 5€ in orders below 150€. Free shipping in orders above 150€.
Right of Withdrawal
The client will have, for non-perishables, a maximum period of fourteen (14) calendar days from the day of delivery to fully or partially withdraw from the purchase, in compliance with the applicable legislation.
After the fourteen (14) day period expires, DIETOX will not accept returns deriving from the client’s right of withdrawal.
To exercise his right of withdrawal, the USER must notify DIETOX of his intention to withdraw from the contract by sending (a letter or email, for instance) to the following postal address, Rambla de Catalunya 124, 4º-1ª, 08008, Barcelona, Spain, or to email@example.com, by phone on 0203 514 7285, or through our contact form online, and all before the aforementioned period expires. The user may use the sample withdrawal form provided at the end of these Conditions, although its use is not mandatory.
The USER will not be able to exercise his right of withdrawal in the applicable cases established by the legislation and, in particular in the following cases, including but not limited to:
In order to withdraw from the purchase of a product, the following requirements must be met:
The USER will get in touch with DIETOX to process the return, assuming the conditions governing returns, and exempting DIETOX from any responsibilities.
Conditions for Exchanges, Returns & Refunds
Exchanges and returns must be handled by email (firstname.lastname@example.org), or by phone on (0203 514 7285).
All exchanges and returns will be managed by FOODTERAPIA through a courier service so that parcels or orders arrive adequately at the returns centre where suitability for the return, exchange or refund of the order will be checked. If the USER returns the order by means of any other courier, DIETOX will not be held liable for the loss, theft, or deterioration of the parcel, and does not commit to returning it or processing the refund.
If the product is eligible for a return under the aforementioned conditions, the purchase amount will be refunded to the client using the same mode of payment the order was placed with, and as quickly as possible.
If the product is eligible for an exchange, DIETOX will proceed to exchange the product for the new chosen product.
In the event the price of the new product is higher, the client will have to cover the difference in price by any of the modes of payment accepted by DIETOX.
If the price of the new product is lower than that of the original product, DIETOX will refund the difference through the mode of payment used when the previous order was placed.
In the event of receiving a return parcel with contents deemed unsuitable to be returned, or products that fail to meet the aforementioned conditions, DIETOX reserves the right to take any necessary actions to recover the amount owed.
In the event of a defective product, DIETOX will proceed, as appropriate, to repair, substitute, mark down its price or terminate the contract, all of which shall be free of charge for the USER. DIETOX answers for any lack of conformity manifesting within a period of two years from the date of delivery. The USER will have to inform DIETOX of his lack of conformity within two months of learning about it.
(This form should only be filled in and sent back by those wishing to withdraw from a contract).
To the attention of Foodterapia S.L., acting under the brand name DIETOX. I hereby would like to inform you of my wish to withdraw from the sales contract for the following goods [...], ordered on [date], and received on [date], with reference number [...]:
Name of Consumer:
Address of Consumer:
Signature of Consumer (only if the form is presented on paper)
Document revised: November 11th, 2016.