Procurement terms and conditions
This contractual document will govern the procurement of products and services through the www.top4usports.com website, owned by BIALACTIS BIOTECH, S.L. (hereinafter, the PROVIDER).
By accepting this document, the USER declares he/she has:
- Read and understood the provisions laid down herein.
- Has enough capacity to contract these services.
- Assumed all the obligations set forth herein.
These terms and conditions shall be valid indefinitely and will be applicable to all transactions performed via the PROVIDER’s website.
The PROVIDER declares commercial transactions will be carried out in a responsible manner and will comply with the legislation that is in force in countries where products are sent to. Moreover, the PROVIDER reserves the right to unilaterally modify the present terms and conditions (provided this does not affect the deals or goods purchased beforehand).
Identity of the contracting parties
On the one hand, BIALACTIS BIOTECH, S.L., with registered address in A Relva S/N, 36400 O Porriño (Pontevedra), Tax ID no. B27779404 and customer service contact no. (+34) 986 122 007, will provide the goods and services contracted by the USER.
And, on the other, the USER (who will log in via a username and password for which he/she alone assumes full responsibility in matters of use and safekeeping). Moreover, the USER shall be held responsible for the accuracy of the personal data provided.
Purpose of the contract
The aim of the present contract is to govern the commercial relationship between the PROVIDER and the USER from the moment the latter accepts the procurement procedure by ticking the relevant checkbox.
This commercial relationship covers the delivery, in exchange for a price publicly advertised by means of the website, of a given good or service.
The USER will pick a username and password and undertakes to use them diligently and not share them with third parties. Moreover, if the username and/or password are lost, or the USER believes an unauthorized third party may have had access, the USER will notify the PROVIDER immediately so the latter can block the USER’s credentials.
Once the user account has been created, and in accordance with the provisions set forth in article 27 of Spanish Act 34/2002, on Information Society and E-commerce Services, the procurement process will involve the following:
- General procurement conditions.
- Shipment of orders.
- Right of withdrawal.
- Claims and complaints.
- Force majeure.
- Price and offer validity period.
- Transport freights.
- Methods of payment.
- Purchasing process.
- Applicable law and jurisdiction.
1. GENERAL PROCUREMENT CONDITIONS
Unless otherwise specified in writing, placing an order with the PROVIDER shall mean the USER accepts the present legal conditions. No provision suggested by the USER may differ from those laid down by the PROVIDER, unless the latter has previously accepted this in writing.
Users that log on to the website must be, at least, eighteen (18) years old.
2. SHIPMENT OF ORDERS
Products will be shipped via courier.
Shipping costs always include VAT but no other taxes, fees, duties or tariffs.
Shipment shall mean the delivery of items at the domicile or address specified by the Client during the placement of the order.
TOP4U will hand all items in stock to the courier company within 24 hours. We decline responsibility for any delays attributable to the courier.
THE PROVIDER will not send any items before having received proof of payment.
Deliveries usually take between 24 and 48 working hours for mainland Spain.
Once the packet is delivered to the courier, the Client will receive an email with the tracking number. We decline responsibility for any delays attributable to the courier.
THE PROVIDER will assume no responsibility when the product or service is not delivered because the data provided by the USER were false, inaccurate or incomplete.
The delivery will be considered done when the courier has made the products available for the USER or his representative and said party has signed the delivery form.
The USER must verify the products upon delivery and include any reservations and claims that can be justified in the document of receipt of delivery.
No orders will be delivered to PO boxes.
3. RIGHT OF WITHDRAWAL
Regardless of whether the item was purchased online or not, the USER shall have the same rights and deadlines to return products and/or claim faults or defects found on goods and services.
The USER has 14 calendar days, from the date of reception, to return the item (article 71 of Act 3/2014 of 27 March). The USER shall bear the costs for the returns carried out within the Spanish mainland. Products must be returned unopened, in their original packaging and in perfect condition.
The right of withdrawal shall not be applicable in the following cases:
1. If the product is not in mint condition, or the tablets/sachets it contains have been opened.
2. If the product is not returned in its original packaging, or this is not in perfect condition. The original packaging must protect the product so that it arrives in perfect condition, and no seals or adhesive tape can be applied directly on it.
3. When the product has been opened and no evidence can be provided to prove it has not been used.
The PROVIDER must be notified of all returns. Two methods can be used: 1) sending an e-mail to email@example.com that includes all necessary details to track the purchase; or 2) via the link for returns that is available under My Account. The PROVIDER will let you know, via e-mail, that he has received the notification and will detail what steps to follow next. In this case, you must send the PROVIDER all products you wish to return in perfect conditions and within 30 calendar days from receipt. TOP4U will refund the customer for all original purchase expenses (except shipping costs, which, in the case of mainland Spain, amount to € 2.50).
4. CLAIMS AND COMPLAINTS
These General Conditions are governed by the Spanish legislation. The parties agree to be subject to the jurisdiction of the courts and tribunals of the USER’s address, expressly renouncing any other that may correspond to them.
All claims and complaints lodged by the USER shall be dealt with as soon as possible, and can be sent to:
Postal address: BIALACTIS BIOTECH, S.L., c/ A Relva, s/n, 36400 – O Porriño, Pontevedra. Spain
Telephone: (+34) 986 12 20 07
Online Dispute Resolution (ODR)
In accordance with Art.14.1 of Regulation (EU) 524/2013, the European Commission has set up a free access platform to solve conflicts between the USER and the PROVIDER online, without having to appear before a court of justice, through a third party (a Dispute Resolution Entity) that acts as an intermediary. This entity is neutral and will negotiate with both parties to reach an agreement. Eventually, it can suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
If, due to force majeure circumstances, a product is no longer available after an order has been placed, TOP4U will notify the USER by e-mail of the total or partial cancellation of the order (as the case may be). A partial annulment does not give the right to cancel the order completely, without prejudice to the right of withdrawal the USER can exercise in accordance with the present Terms and conditions. TOP4U shall not be liable for any deliveries that are late or could not be performed due to a force majeure event (where circumstances are beyond our control). This includes, by way of example: accidents; strikes; revolts, terrorist attacks or threats; fire or explosions; adverse weather conditions or natural disasters such as a storm, flood, earthquake, subsidence or epidemic; transport or telecommunication problems beyond our control. Where possible, and once the cause for the delay or non-compliance has been fixed, TOP4U will do everything in its power to resume business and meet its shipping obligations.
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any of the provisions laid down in the present Terms and conditions were to be considered void or unenforceable, the validity, lawfulness and enforceability of the remaining provisions will not be affected (and neither will they be modified).
The USER declares he/she has fully read, understood and accepted the present Terms and conditions.
7. PRICE AND OFFER VALIDITY PERIOD
The prices that appear next to each product include VAT and any other applicable taxes. Unless expressly indicated otherwise, these prices do not include shipping costs (free for mainland Spain when purchasing 2 items or more) or the handling, packaging, freight insurance or any other additional and ancillary services linked to the service or product purchased.
The prices applicable to each product are the ones published in the website and are denominated in EUROS by default. The USER acknowledges and accepts the prices of some products may change in real-time.
Before placing an order, you can check all the details online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and total amount. Prices can change daily as long as the order has not been placed. Products will be sold at the indicated price and the one applicable shall be the price in force at the time the customer places the order.
Once the order has been placed, prices will remain unchanged (regardless of whether the products are available or not).
To receive information on an order, the USER may contact the PROVIDER at its Customer Service number, (+34) 986 122007, or send an e-mail to firstname.lastname@example.org.
8. TRANSPORT FREIGHTS
Free shipping in mainland Spain for a minimum purchase of 2 items.
– National shipping to mainland Spain: 2.50€. FREE when purchasing a minimum of 2 items.
We do not ship to the Canary Islands, Balearic Islands, Ceuta, or Melilla.
9. METHODS OF PAYMENT
We accept the following methods of payment:
– Credit or debit card
Credit or debit card: we accept Visa, MasterCard, 4B, Euro 6000 and American Express.
Paypal: this method of payment allows you to pay quickly and safely through your PayPal account, without sharing any financial information with Top4usports.com.
10. PURCHASING PROCESS
To buy products, the USER (who must be of legal age, i.e over eighteen (18) years old) will select them and add them to the Cart. All products selected will appear in the cart, leaving the USER to pick the delivery address and method of payment.
The data provided to TOP4U through the relevant forms are identification and access tools used in purchasing transactions and, as such, are personal and untransferable.
11. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by, and interpreted according to, the Spanish legislation for all matters not expressly addressed herein. The PROVIDER and the USER agree to refer any dispute that may arise from the provision of the goods and services covered by these Terms and conditions to the courts and tribunals of the USER’s address.
If the USER’s address is not in Spain, the PROVIDER and the USER expressly renounce any other jurisdiction that may correspond to them and agree to submit themselves to the Courts and Tribunals of Vigo (Pontevedra).