The following is the contractual document that will govern the contracting of products and services through this website https://jeevan-ayurveda.com/ owned by Jeevan Ayurveda, SL (hereinafter, it may be referred to as “the provider” or Jeevan Ayurveda). Acceptance of this document implies that the user:
a. You’ve read, you understand and you’re agree with this text.
b. That he is a person with sufficient capacity to contract.
c. That he assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through this website.
The provider reserves the right to unilaterally modify these conditions without prior notice, without this affecting the goods or promotions that were acquired prior to the modification. Since these conditions may be modified, you should read them before making purchases on this website.
The user who accesses and buys products through this website knows and accepts the general conditions of purchase written here, and the modifications that may occur, having to periodically access them for their knowledge. The conditions will always be accessible on the provider’s website, so that the user can consult them at any time. Once the user has placed an order, they will have accepted without reservation our general conditions of purchase after having read them.
To fully guarantee the rights of consumers and users, these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Law 7/1998 of April 13, General Conditions of Contract, Law 7/1996 of January 15, Retail Trade Organization, Civil Code, 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 laws applicable and its implementing regulations.
Words that may have different meanings will be understood in the one that is more in accordance with the nature and purpose of the contract. The reference language for the purposes of the contract will be the one used in the purchase process through the web. These were originally written in Spanish and may be submitted translated into other languages, in the event of a dispute between the translated versions and the original in Spanish, the latter will prevail.
The website includes the texts, graphics, images, videos, sounds, drawings, photographs and software included in it, whether or not they are subject to intellectual property.
1. IDENTITY OF THE PARTIES
On the one hand, the provider of the goods or services that the user wants to contract or that will be hired by the user is Jeevan Ayurveda, SL, address at Carretera general del Sur, 76 – BI CP 38620 San Miguel de Abona – Santa Cruz de Tenerife NIF: B63915136, registered in the Mercantile Registry of Tenerife Volume 3369 Book 0 Folio 223 Sheet TF-54870 Registration: 2 with customer service phone +34 922 700 207 (telephone service hours will be from Monday to Friday from 10:00 at 14:00 Peninsular Time) and mail firstname.lastname@example.org
And on the other hand, the user who makes a purchase through this website. Each purchase on this website is governed by the general purchase conditions applicable on the date of each order. The buyer user is solely responsible for the veracity of the personal data provided to the provider.
2. ACCESS TO THE WEB
The access and use of users to this website does not imply any obligation regarding the quality and speed of access by the owner of the same, who may modify the access conditions or suspend access to the website, or part of the website, or suspend the provision of goods and services through the web, without prior notice, the owner of the web not being responsible for the consequences, damages and losses caused by the modification of access and the suspension of the web.
The hardware and software necessary to be able to buy through the web will be paid by the user. The owner of the website will not be responsible for any anomaly, malfunction, deterioration, erasure of data or software that occurs in the users’ equipment or systems, as a direct or indirect consequence of access or attempted access to the website.
The service provided by the owner of the website through it is for an indefinite time, without prejudice to the possibility of suspending or canceling said website without prior notice.
The provider reserves the right to deny and /or suspend access to the services provided on this website to users for reasons of violation of good contractual faith, breach of current legislation, these General Conditions of Purchase and /or or in cases of fraud detected by the provider and /or any of its providers.
3. OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of this web page, including without limitation, texts, graphics, images, its design and the intellectual property rights that may correspond to said contents, as well as all trademarks, commercial names or any other distinctive sign are the property of the owner of the website, or of its legitimate owners, all rights over them being reserved. All the contents of the website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registers.
Any act of reproduction of the contents, in whole or in part, in any form or medium, be it mechanical, electronic, reprographic or otherwise, as well as any act of dissemination, public communication or distribution, without the prior written authorization of the owner of the website or its legitimate owners. Any use not previously authorized by the provider will be considered a serious breach of the author’s intellectual or industrial property rights.
Access to this website does not grant users the right or any ownership over intellectual or industrial property rights or over the content on the website.
The owner of the website will not be responsible for any damages that may arise from the use of the contents by users or from the infringement by them of any current legal provision.
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, we request that you notify us through the following email address: email@example.com
5. HIRING PROCEDURE
The contracting procedure may be carried out in the Spanish, English or German language.
The user can only contract and place orders if they are over 18 years of age. Otherwise, the responsibility for placing orders by minors of the aforementioned age will be borne by the father, mother or legal guardians of the minor.
The provider reserves the right to block or cancel access to users who maintain debit or unpaid balances with it, as well as access to users who carry out fraudulent or bad faith acts of the service provided through the web. In addition, access and use of the website may be blocked when the provider deems it necessary for security reasons.
The provider may hold users responsible who by misusing the website, cause damage or harm to third parties, as well as possible viruses, malware or computer programs, which may introduce, generate, host on the website, and deteriorate or may deteriorate both the contents and the proper functioning of it; as well as the equipment, systems and programs of the users of the web and /or third parties and /or the provider itself.
The provider may be directed against users on all claims, compensation, fines or administrative sanctions that fall on it and are the direct or indirect responsibility of the users.
The provider maintains the security levels for the protection of personal data as established by current legislation, specifically, as provided in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding protection of natural persons with regard to the processing of personal data and the free circulation of these data.
Specifically, taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the treatment, as well as risks of variable probability and severity for the rights and freedoms of natural persons, the provider applies appropriate technical and organizational measures to guarantee a level of security appropriate to the risk.
6. HIRING PROCEDURE
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
- Choose the product that interests you.
- Select the product and add the article to the basket. You can then choose to continue shopping or process your order.
- When you have completed the selection, you must complete your information in order to process the order, in the event that you have not done so previously.
- Select the payment method: credit and /or debit card.
- Confirm your order.
- Subsequently, we will send you a confirmation email as soon as you finish your order.
In any case, if you have any questions, you can contact us.
Once the chosen products have been incorporated into the shopping cart, the user can access the summary of the purchase by clicking on the shopping cart icon, where the following information is detailed:
- Product details.
- Total purchase price.
- Shipping costs.
- Possibility of introducing a discount code.
7. ORDER DELIVERY
Orders will be delivered to the address freely designated by the buyer. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the company of shipments.
The provider has adopted the measures required of a diligent merchant so that the delivery of the product can be made in the agreed time, and if not, as soon as possible, so no liability can be attributed against the provider.
The estimated delivery time of the good will be communicated in the purchase process.
8. AVAILABILITY OF ITEMS
All orders are subject to the availability of the items. If there are incidents regarding your supply, or if the product is not available, you will be informed as soon as possible, at that time you can modify the order or cancel it.
All purchases can be paid by debit or credit card. In any case, the choice of the means of payment is made during the purchase process on the corresponding screen.
After filling in your personal data to place the order, you can make the payment through the online payment platform of your choice. The platforms guarantee the privacy of the information and protect the information during the user’s data transmission process, offering secure transactions, guaranteeing the user the adequate and confidential management of their data.
The payment platform will ask you to enter your credit card details as well as some personal information such as name, surname or ID.
Once the payment is made, you will receive an email confirming that the order has entered process.
10. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) and, in any case, will be expressed in the Euro currency (€). Unless expressly stated otherwise, the price of the product does not include shipping costs. The shipping costs will be added in the summary of the purchase, before making the payment.
The prices listed on this website do not include customs fees, taxes or duties. Orders placed may be subject to customs fees and /or import taxes and charges, which will be required when the shipment reaches your country. The user is solely responsible for any additional fees in customs clearance; the provider does not exercise any control over these charges nor can it predict what or how they will be.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of the same. The provider reserves the right to modify the prices shown on this website without prior notice. In the event of an error in the price applied, we will inform you as soon as possible and you will have the possibility of confirming your order at the correct price or canceling it. If we are unable to communicate this error, the order will be considered canceled and the amounts paid will be fully refunded. In no case, the provider will be obliged to supply the product /s at the lower incorrect price (even if we have sent the Shipping Confirmation).
Any payment made to the provider will entail the issuance of an invoice in the name of the user. This invoice will be sent together with the purchased product.
For any information about the order, the user will have the provider’s customer service telephone number, which is +34 922 700 207 (the telephone service hours will be from Monday to Friday from 10:00 a.m. to 2:00 p.m. Peninsular Time) or via email to the email address firstname.lastname@example.org
11. SHIPPING COSTS
Shipping costs are free for purchases over seventy euros (€ 70.-) to mainland Spain, the Balearic Islands, Ceuta, Melilla, the Canary Islands and Portugal. For the rest of the countries of the European Union, shipping will be free from two hundred and twenty euros (€ 220.-) of purchase. Other shipments to other destinations not indicated above, consult email@example.com
Amounts lower than the established minimum purchase, the shipping costs to Spain and Portugal will be € 7.5, and to the rest of the European Union € 22
Delivery times range from 24 to 72 hours. We cannot guarantee these delivery times, although we try to ensure that transport companies comply with them whenever possible.
Delivery times will depend on the availability of each product, which is indicated on each and every one of the products offered. In the event that there is no availability, it will be indicated in the order itself, and you will not be able to add it to the cart.
In orders that include several items, a single shipment will be made and the delivery time will correspond to the item with the longest delivery time.
The delivery is considered made from the moment the carrier delivers the product to the acquiring Customer or to a third party indicated by him.
It is in the next 24 hours when the client must verify the products upon receipt of the same and expose all the objections that may exist. For this, the telephone number +34 922 700 207 is made available to the client (the telephone service hours will be from Monday to Friday from 10:00 a.m. to 2:00 p.m. Peninsular Time) or via email to the e-mail address < a href=”mailto: firstname.lastname@example.org”> email@example.com
The recipient must verify the status of the products upon receipt of the same and indicate all the exceptions and claims that may correspond before removing the labeling or opening the packaging of the purchased product.
Upon receipt of the shipment, it will be considered accepted and claims for damage or failures will not be accepted.
In case of receiving a product damaged by transport, it is advisable to contact us within the first 6 hours to be able to claim the incident to the transport company. In the same way, it is convenient to leave a record to the transport company.
If on any occasion, by mistake, you receive an item that you have not ordered, send an email to firstname.lastname@example.org or call to the telephone number +34 922 700 207 (the telephone service hours will be from Monday to Friday from 10:00 a.m. to 2:00 p.m. Peninsular Time)
13. RIGHT OF WITHDRAWAL
The right of withdrawal from a contract is the power of the consumer and user to terminate the contract concluded, thus notifying the other contracting party within the period established for the exercise of that right, without the need to justify their decision and without penalty of any kind.
You will have a minimum period of fourteen calendar days to exercise the right of withdrawal. The term will be computed from the receipt of the good that is the object of the contract or from the conclusion of the contract if the object of the contract is the provision of services.
We recommend that before exercising the right of withdrawal and /or canceling an order, you contact us by phone +34 922 700 207 or by email email@example.com
To exercise the right of withdrawal, you must notify the provider with registered office at Carretera general del Sur, 76 – bi cp 38620 San Miguel de Abona – Santa Cruz de Tenerife NIF: B63915136 of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax, or email). You can use the model withdrawal form that appears in these conditions of purchase, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
14. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal will not be applicable to contracts that refer to:
a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the employer, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods. .
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The provision of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided in a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
15. CONSEQUENCES OF WITHDRAWAL
Once we receive the product (s), we will refund the money according to the payment method you have used.
In the event of withdrawal on your part, we may retain the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
You must return the products or deliver them to the provider, or to a person authorized to receive them, without any undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdrawal of the contract to the provider.
The direct costs of the return as a result of the exercise of the right of withdrawal will be borne by the customer. In any case, the product must be returned in its complete original packaging, labels and together with any accessories related to them and in perfect condition. The customer will be responsible for proving that the items have been returned.
Notwithstanding the foregoing, the provider, in accordance with current legislation, may consider that when the products requested by the client are clearly personalized and made in accordance with the specifications of the consumer and user, or others that at the time determine, the quoted right of withdrawal. The aforementioned right will not apply either, in the case of supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
If your return does not comply with the stipulated terms, you will not be entitled to receive any refund of the amount and we will send you the products purchased freight collect.
The provider reserves the right to evaluate the reason for return, since it will not refund the amount if the item has a defect.
16. PRODUCTS DELIVERED IN BAD CONDITION
Jeevan Ayurveda only sells items in perfect condition; In case of receiving a product with a defect, you must send an email to firstname.lastname@example.org or call the phone number + 34 922 700 207 (telephone service hours will be from Monday to Friday from 10:00 a.m. to 2:00 p.m. Peninsular Time) and indicate the order number as well as the problem that has occurred.
17. PROTECTION OF PERSONAL DATA
The data provided by email will be treated by Jeevan Ayurveda as the data controller to execute the sale contract and properly manage the order placed by the user.
In the event that the user has accepted by checking the corresponding box, commercial communications regarding products and /or services of Jeevan Ayurveda will be sent.
Subsequently, if the user does not wish to continue receiving commercial communications sent by Jeevan Ayurveda, they can click on the “Unsubscribe” link in any electronic commercial communication.
How long will we keep your data?
The personal data provided will be kept as long as the contractual relationship is maintained for the legally foreseen periods, without prejudice to the request for deletion by the interested party. On the termination date of the contract, the data will be blocked in order to prevent its treatment except for making it available to Public Administrations and Courts, for the attention of possible responsibilities arising from the treatment and only during the limitation period of said responsibilities. .
Legitimation of the treatment
The legal basis for the processing of your data is the execution of the sale contract.
The information on services and activities carried out by the provider is based on the consent that is requested, without in any case the withdrawal of this consent conditioning the execution of the sale contract.
Recipients of assignments or transfers
Jeevan Ayurveda informs and expressly guarantees users that their personal data will not be transferred in any case to third parties, and that whenever some type of transfer of personal data is to be made, prior, express, informed consent would be requested, and unequivocal by the users.
Likewise, Jeevan Ayurveda has contracts with different providers, who process the data on behalf of Jeevan Ayurveda in the event that their intervention is necessary in the provision of a service.
Rights of the interested persons
Anyone has the right to obtain confirmation on whether or not at Jeevan Ayurveda we are treating personal data that concerns them.
Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. .
In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. Jeevan Ayurveda will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
The user will have the right to portability, that is, to have the personal data that they have provided, be transmitted directly to another person in charge in a structured format, for common use and mechanical reading, when technically possible.
The owner of the data, or his legal representative, proving his identity, can exercise the aforementioned rights by sending an email to the email address email@example.com or by post to: +34 922 700 207
You can obtain additional information about your rights from the Spanish Data Protection Agency at https://www.aepd.es or the authority corresponding to the country you are in. When the owner of the rights has not obtained satisfaction in the exercise of the same, they can request the assistance of the Spanish Agency for Data Protection (or the corresponding authority) so that the exercise of their rights is effective, by submitting a Claim of Protection of Rights ( https://www.aepd.es )
Jeevan Ayurveda guarantees in any case to the user the exercise of the rights provided for in the regulations in the terms provided in the current legislation.
The provider does not assume any responsibility for external links to third-party websites or for the information they contain, which may be included on the website, so the user accesses the content and the conditions of use under their sole responsibility. that govern them.
The provider reserves the right to withdraw any link, as soon as it becomes aware of the illegality of its content or that it damages the property or rights of third parties.
The use of the contents of the web to promote, contract or disseminate advertising or information of its own or of third parties without the authorization of the provider, nor to send advertising or information using the services or information that are made available to the users, regardless of whether the use is free or not.
The links or hyperlinks that third parties incorporate in their web pages, directed to this web, will be for the opening of the entire web page, not being able to express, directly or indirectly, false, inaccurate or confusing indications, or incur in unfair or illegal actions in against the provider.
The provider is not responsible for the reliability and speed of the hyperlinks that are incorporated into the web for the opening of others. The provider does not guarantee the usefulness of these links, nor is it responsible for the content or services that users can access through these links, nor for the proper functioning of these websites.
19. NULLITY OR CANCELLATION
The declaration of any of these stipulations as null, invalid or ineffective, in whole or in part, will not affect the validity or effectiveness of the rest, which will remain binding for the provider and the user. The resignation by any of the parties (provider and /or user) to demand at a certain moment the fulfillment of any of the agreements stipulated herein will not imply a general resignation nor will it create an acquired right for the other party.
20. CONFLICT RESOLUTION
If any of the present terms is considered null or unenforceable, such provision will be considered as not put and will not affect the validity of the rest of the provisions.
We inform you that there is a European platform for online out-of-court resolution of disputes relating to contractual obligations arising from contracts for the sale or provision of services concluded online between a consumer and a merchant resident in the European Union, through the intervention of an entity alternative resolution.
In case of conflict or contractual breach, you can file a claim online in the portal enabled for this, accessing said platform at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
21. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The provider and the user agree to submit any controversy or discrepancy regarding the provision of the products subject to these Conditions, to the Courts and Tribunals of Santa Cruz de Tenerife (Spain).
Version: October 2020
Annex A. Model withdrawal form
(You only have to fill in and send this form if you want to withdraw from the contract)
– For the attention of (here you must insert the name of the employer, his full address and, if he has them, his fax number and his email address):
– I hereby inform you /we communicate (*) that I withdraw from me /we withdraw from our (*) sale contract of the following good /provision of the following service (*)
– That I have been informed that I will not be able to exercise my right of withdrawal on those sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
– Order on /received on (*)
– Name of the consumer and user or consumers and users:
– Domicile of the consumer and user or consumers and users:
– Signature of the consumer and user or consumers and users ( only if this form is submitted on paper )
(*) Delete as appropriate.