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1.- OBJECT AND SCOPE

1.1.- These General Conditions of Contract are intended to regulate the relationship between Squeeze Life S.L. (hereinafter referred to as “Zumit”) and you (hereinafter referred to as “Client”), in relation to the online sale of the products we offer on the website www.zumit.es (hereinafter, the “Website”).

1.2.- Zumit is a Spanish company legally incorporated with registered office at C/Abad Nájera 6, Entreplanta 03002· Alicante· Spain, provided with CIF B54287347 and registered in the Commercial Register of ALICANTE T 3245, F 190, S 8, H A 109881, I/A 9 (26.06.20) and e-mail address info@zumit.es.

1.3.- Zumit has a Health Registration Number as a multipurpose distributor: 40.25535/A granted by the General Directorate of Public Health of the Generalitat Valenciana and registered in the General Health Register of Business and Food of the Spanish Agency for Food Safety and Nutrition belonging to the Ministry of Consumer Affairs.

2.- USE OF OUR WEBSITE

2.1.- By making use of this Website or placing orders through it, the Customer undertakes to:

a) Make use of the Website only to make legally valid queries or orders.

B) Do not place any false or fraudulent order. If such an order can reasonably be considered to have been placed, we will be authorised to cancel it and inform the competent authorities.

C) Provide your identification and contact details in a truthful and accurate manner.

D) To comply with the general conditions of use included in the Legal Notice, as well as to read and accept the privacy policy and the cookie policy available on this Website.

2.2.- When placing an order through this Website, the Customer declares that he is over 18 years of age and has legal capacity to conclude contracts. If you do not comply with these conditions, you must not use this Website.

2.3.- The use of this Website to place orders is limited only to natural or legal persons who, in accordance with applicable law, have or acquire the status of consumers or users in accordance with article 3 of the General Law for the Protection of Consumers and Users; from now on, LGDCU. If you purchase as a professional you will not be applied the LGDCU and until we finish the web development professional orders can be managed through pedidos@zumit.es.

2.4.- The placing of an order through this Website implies the unreserved acceptance of these Conditions. It is the Customer’s responsibility to review the current version of the Terms before placing your order. We reserve the right to modify these Terms and Conditions, without such modifications being retroactive.

2.5.- We reserve the right to deny or withdraw access to this Website, at any time and without prior notice, to those users who violate these Terms.

2.6.- Orders through this Website will be formalised in Spanish, English, Italian, French and German. In case of discrepancy the prevalent documents will be those written in Spanish.

3.- AVAILABILITY OF SERVICE AND PRODUCTS

3.1.- The products offered through this Website are only available for shipment in Peninsula and Balearic Islands* (hereinafter the “Territory”), for any other destination not initially contemplated you can consult us in the email info@zumit.es

*See below the table of shipping costs to specify the initial territory in which we operate with logistics suppliers based on the type of product.

3.2.-Table of shipping costs

Dry:

Peninsula: EUR 4.95 for orders less than EUR 50.

Balearic Islands: 6,EUR 95 for orders less than EUR 69.

Frozen:

Peninsula (initially only BARCELONA-MADRID): Transports of 6,EUR 50 for orders less than EUR 50

Chilled

Peninsula: Transports of 6,EUR 50 for orders less than EUR 50

For orders exceeding the minimum thresholds, no shipping costs shall apply

Orders with a total amount exceeding EUR 99 will not be charged for any of the temperatures.

The values reflected include VAT

3.3.- All product orders are subject to availability. If the product is not available, whatever the reason, the indication of sold out will appear on the web and if you wish you can leave us your email so that we notify you immediately we have spare the stock to be able to place your order. If for any reason the system allows you to place the order and the stock has been exhausted temporarily you can choose to cancel the order or exchange it for a similar price, at no additional cost.

3.4.- We reserve the right to withdraw any product from this Website at any time, as well as to modify and update our product catalogue.

4.- PURCHASE PROCEDURE

4.1.- To place an order on this Website, the user must identify or register and must follow the online purchase procedure that will be indicated to him, during which he will select the products and units of his choice and add them to the shopping cart or cart. Once you have finished your selection, you can click on the “TRAMITAR PEDIDO” button to continue the purchase process.

4.2.- The Customer will then complete the shipping details including the desired delivery address (whether your personal address, your place of work or another recipient’s in case of a gift), as well as the means of payment of your choice from those available on the Website.

4.3.- This Website offers the details “MOSTER DETAILS” of all the items that the Customer has added to his basket during the purchase process, so that, before making the payment, the Customer must check whether the order details are correct and, if necessary, modify the corresponding data, for which the symbol of the “pencil” will allow him to edit both the products and the quantities.

4.4.- The Customer will then press the “Pass BY BOX” or similar button, which implies order with obligation to pay, to complete the purchase process, after which he will receive an email confirming that we have received your order (hereinafter, “Order Confirmation”). If the Customer does not receive the Order Confirmation within 24 hours of placing the order, he/she must inform us through the email address pedidos@zumit.es

4.5.- In the purchase process, the Customer will be required to expressly accept these Terms, as well as our privacy policy, by ticking the corresponding boxes.

4.6.- Once the purchase procedure has been completed, the Customer agrees that the Website generates a purchase ticket and if he wishes, he may request the invoice for his purchase preferably in electronic format, although if he wishes it in paper form he can expressly inform us through our e-mail address pedidos@zumit.es

5.- DELIVERY

5.1.- Except in cases where there are unforeseen or extraordinary circumstances, the order will be delivered within 24 to 72 working hours depending on the type of product (ultra-frozen, chilled or dry) and the place of delivery within the Territory, always counting from the date of the Order Confirmation. (different product types may require different logistics operators and consequently different deliveries) Deep frozen orders will be delivered in the Community of Madrid on Tuesday and Thursday. 

In order to optimise the delivery process, the address indicated by the Customer must be an address at which the delivery can be made within the usual working hours. We will not be liable for any errors or damages arising from the delivery, when the delivery address entered by the Customer does not conform to the desired place of delivery.

5.2.- If for any reason we are unable to comply with the maximum delivery time, we will inform the Customer of this circumstance and give him the option to proceed with the purchase, establishing a new delivery date, or to cancel the order, with full refund of the price paid. In any case, deliveries are made on working days and delivery times will be calculated without taking into account weekends or holidays.

5.3.- The deliveries at the agreed address are made, depending on the logistics operator with whom we work our products, in this way:

Dry Product Logistics: Delivery service to private individuals (Monday to Friday), with delivery time prediction notice (must be required for the recipient’s mobile number). If you go to the home and it is not possible the delivery is generated an automatic transit notice also through text message and a telephone call is made, if immediate delivery is not possible the shipment returns to our facilities and the delivery is again attempted in a second delivery. Once these two attempts have been made, an incident is generated and Zumit will contact the client and decide how to proceed in each case.

Refrigerated and frozen product logistics Delivery service Monday to Saturday, prior notice the day before by email to the customer with the expected time of delivery and also a follow-up link of the vehicle and the planned ETA. When absent, try again the next day. Communication by email or telephone. Once these two attempts have been made, an incident is generated and Zumit will contact the client and decide how to proceed in each case.

Refrigerated Product Logistics: Deliveries from Monday to Friday. First delivery at home and successive deliveries to the point of RED. For the first delivery the communication via email is used to inform the customer that their order is ready, of the date and estimated time of delivery. As well as notice to offer you different delivery options (change address, delivery date, pick up in store), as a follow-up so that you have up-to-date information about your shipment and can interact. In case of incident Zumit will contact the client and it will be decided how to proceed in each case.

If, after the maximum delivery period, the Customer has not collected the order at his indicated delivery address or at the RED point indicated by the logistics operator, we will understand that he wishes to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund to the Customer the difference between the price paid for the order and the reasonable costs incurred for failed deliveries, storage costs and the return of the order. The dispute shall be reimbursed as soon as possible and, in any event, within 30 calendar days from the date on which, in accordance with this clause, the contract is deemed to have been terminated.

5.4.- For the purposes of these Conditions, it shall be understood that the delivery has taken place or that the order has been delivered at the time when the Customer or a third party indicated by the Customer acquires the material possession of the product which is the subject of the order, which shall be proved by the signature of the receipt of the same at the agreed delivery address or, in case of unavailability of the recipient at the agreed place of delivery, on the date of attempted delivery recorded by the logistics service responsible for the delivery.

5.5.- Each product has its own packaging and the order is subsequently packed in cardboard, sometimes presenting visible defects as a result of its handling in storage, without the contents being affected at all. Only if the contents are affected on its packaging, the Customer must not sign the delivery note as conform, but make a claim to the carrier in the act by including a written reservation on the delivery note.

5.6.- At the time of formalising the order the Customer may indicate at least two addresses, so that the first will be the billing address and the second may be that of the place of work or that of a third party to whom to make a gift or to whom has been ordered to receive the order. In these cases, the order will be delivered to the address of the recipient indicated by the Customer, while the invoice will be sent to the Customer’s billing address upon request.

6.- TRANSMISSION OF THE RISK AND OWNERSHIP OF THE PRODUCTS

6.1.- The risks of the products shall be borne by the Customer from the moment of delivery or, if this is not possible for causes attributable to the Customer, from the moment of the provision of the same at the agreed place of delivery.

6.2.- The Customer will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery if this takes place at a later time.

7.- PRICE AND PAYMENT

7.1.- The prices applicable to each product are those indicated on the Website at the date of the order and are expressed in EUROS, including VAT (Value Added Tax), in accordance with the provisions of the regulations in force at each time regulating said tax.

7.2.- The shipping costs are broken down in the prices of your shopping basket as shown on the Website, if they do not appear is because you have exceeded the minimum threshold and there are no shipping costs. These costs may vary regularly according to the tariffs applied by the different logistics operators for each destination.

7.3.- We reserve the right to modify prices, but any changes will not affect orders for which we have sent an Order Confirmation.

7.4.- The Customer may make the payment by bank transfer or by credit or debit cards Visa, Maestro, 4B, Servired, Euro6000 and MasterCard or other cards that the financial institution may include in the future. By clicking on the “Order with obligation to pay” button, the Customer confirms that the payment method used is yours or that you are the legitimate holder of the card used.

7.5.- To enter the details of a card, the Customer must have the right to use them and such card must have sufficient funds to cover the possible payment. The Customer has the responsibility that all the data provided for the purpose of purchasing products are correct.

8.- RETURNS AND EXCHANGE POLICY

A. Right of withdrawal

According to the current regulations, the Customer who contracts as a consumer or user may NOT withdraw from the contract, in accordance with the exceptions of Article 103 of the LGDCU in its section d) when it concerns goods that may deteriorate or expire quickly and which refers for example to food or beverages with a short expiration period or which must be kept refrigerated and similarly in accordance with paragraph (e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. Consequently, the purchase of foodstuffs does not apply this duty. SMOOTHIES, FRAPPES, SUPERFOODS, TEAS, GRAINS, BARS AND COLD PRESS DRINKS.

Only if the product is not perishable, is not subject to the cold chain and maintains its seal in full, the Customer may return it during the first 14 calendar days following the date of receipt of the product, without penalty and without the need to state the reasons.

If you will have the right of withdrawal in the purchase of MAQUINARIA and VASOS in which case you may withdraw from the contract without need of justification, within 14 calendar days from the date of delivery of the product on which the Customer, or a third party indicated by him other than the carrier, acquired the material possession of it.

Notification of withdrawal

In order to exercise the right of withdrawal, the Customer must notify us of his decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or email). To do this, you can use the withdrawal model with the necessary content and which we include at the end of this document, although the use of this model is not mandatory:

In order to comply with the withdrawal period, it is sufficient that the communication concerning the Customer’s exercise of this right is sent before the expiry of the corresponding period.

To inform us of your decision to withdraw, we make available to the Customer the following contact addresses:

Supplier Name: Squeeze Life S.L.

Postal address: C/Abad Nájera 6, Entreplanta 03002· Alicante· Spain

E-mail address: pedidos@zumit.es

Consequences of withdrawal:

In the event of withdrawal by the Customer, we will refund all payments received from the Customer, including delivery costs, without undue delay and, in any case, no later than 14 calendar days from the date on which the Customer informs us of his decision to withdraw from the contract. We will make such a refund using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly provided otherwise; in any case, we will not incur any expenses as a result of the reimbursement.

We may withhold the refund until we have received the product, or until the Customer has provided proof of its return, depending on which condition is first met.

The Customer shall return or deliver to us the product referred to in the said withdrawal at the postal address indicated above, without undue delay and in any event no later than 14 calendar days from the date on which he informs us of his decision to withdraw from the contract. The deadline shall be deemed to have been completed if the products are returned before the expiry of that period.

The Customer must bear the direct cost of returning the products.

With respect to MAQUINARY The Customer may handle and inspect the product in the same way as he would do in a shop, always with due care and subsequently decide whether to exercise his right of withdrawal, however, he must bear in mind that if he uses the goods more than would be necessary to determine their nature, characteristics or functioning and causes a decrease in their value, he may exercise the right of withdrawal but will be responsible for the depreciation of the value that the goods may suffer and must compensate the seller for any deterioration that may have occurred in the goods.

B.Return of Products for Non-Conformity (Legal Guarantee)

In cases where the Customer considers that, at the time of delivery, the product does not comply with the requirements of the order, i.e. the product presents a tare or defect or simply has been delivered a product not requested by mistake, must contact us immediately through our contact addresses, indicating the identifying details of the order and Order Confirmation to which it refers, and specifying the defect or tare presented or, if applicable, the error between the original order and the received. It is highly recommended to take photographs that show the tare or defect so that we can start to evaluate it from the first moment.

Once your communication has been received, we will contact the Customer as soon as possible to inform you of the procedure to follow and if necessary to indicate to you the logistics operator in charge of the collection at the address indicated for removal and dispatch to our warehouses.

After the withdrawal of the product, we will proceed to examine it carefully and inform you by email as soon as possible if it is necessary to accept your claim for default of conformity of the product, in which case we will charge, within a reasonable time, for the repair or replacement of the product.

The Customer may choose between repair or replacement unless one of these options is objectively impossible or disproportionate in accordance with current LGDCU regulations. (Art. 118)

The return costs and the new shipment will be at our expense in case of repair or replacement.

In the event of non-conformity and in accordance with Article 119 of the LGDCU, the Customer may require a proportionate reduction of the price or termination of the contract, in any of the following cases:

Where repair or replacement proves impossible

Where Zumit has not carried out the repair or replacement within a reasonable period of time

If a non-conformity reappears after repair or replacement

Serious non-conformity

Where Zumit cannot repair or replace the products within a reasonable period of time

In the event of termination of the contract, the amounts that would have been paid for those products that are returned because of any defect or error, will be reimbursed in full, including the delivery costs incurred to deliver the product and the return costs, if these have already been paid by you. The refund shall be made by the same means of payment used to pay for the purchase.

C.Legal guarantee and responsibilities of the Supplier

When contracting as a consumer and user, we will be responsible for non-conformity of products that occur within two years until 31/12/2021 and three years (1/01/2022) from delivery in the case of goods (MAQUINARIA). The Customer must inform us of the lack of conformity within two months of becoming aware of it.

The non-conformity manifested in the first six months is presumed to have come from the factory, however, for the non-conformity manifested after the sixth month, the consumer must demonstrate that such a lack of conformity existed at the time of delivery, in order to be able to avail himself of the guarantee.

The guarantee shall not be valid in the following cases:

Damage caused by any cause external to the product itself (by the use of abrasives or products that damage it, as well as by the action of fire, electrochemical reactions of water or caused by greater cause)

Damage caused by misuse of the product with respect to recommendations for use delivered

Damage due to wear and tear of perishable parts.

Wear damage by use.

If no guarantee certificate or purchase invoice is available.

Unless otherwise provided by law, our liability in relation to any product purchased on this Website will be strictly limited to the amounts paid for its acquisition.

D. Repair and after-sales services

In case of breakdown, Customer should call 965140775 or email info@zumit.es

From Monday to Friday, during working hours, you will be assisted by the person in charge of the after-sales; the rest of the time must leave the message on an answering machine enabled for this purpose.

The data to be provided, in any case, are as follows:

Local name and address.

Symptoms of the machine (a series of questions are asked to try to determine what the breakdown is).

Registration number of the machine.

Contact person and telephone number.

Time in which repair can be carried out.

Upon receipt of the notice of failure by the person responsible for Zumit, the latter:

You will check the model of the machine in the list and the date of purchase.

It will record the incident.

Contact the area technical service, informing you of the symptoms and that the customer will send you the machine to solve the problem.

After the repair, the technical service will call the headquarters confirming that the problem is solved and Zumit will verify it with the customer.

9.- COMPLAINT MANAGEMENT

9.1.- The Customer may send us his complaints or complaints through the means of contact indicated in clause 1 of these Conditions. We will try to respond to such complaints or complaints as soon as possible.

9.2.- In addition, we inform you that, in accordance with Regulation EU No 524/2013 of the European Parliament and of the Council, you have the right to request an out-of-court resolution of consumer disputes, having access to this method through the website: https://ec.europa.eu/consumers/odr/

10.- PROTECTION OF PERSONAL DATA

We will process the personal data that you provide to us for placing orders in accordance with the privacy policy available on the Website. The user’s acceptance of this privacy policy during the purchase process will be necessary in order to place orders and implies its guarantee of truthfulness and accuracy in relation to the personal data provided.

11.- NOTIFICATIONS

11.1.- By using this Website you agree that most communications with us are electronic. For contractual purposes, the user consents to use this electronic means of communications and acknowledges that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements of being in writing.

11.2.- The user may send notifications and communicate with us through the contact details provided in these Terms and, where appropriate, through the contact spaces of the Website.

12.- CAUSES OF FORCE MAJEURE

12.1.- We are not responsible for failures, impediments or delays in fulfilling an order attributable to events beyond our reasonable control (hereinafter referred to as “causes of force majeure”), including without limitation any natural catastrophe, social shock, wars, national emergencies, terrorism, piracy, strikes, lockouts, epidemics/pandemics, accidents, non-existence or problems with the provision of public services (including incidents with electricity, telecommunications or the internet), shortage or absence of supplies, materials, equipment or transport, etc.

12.2 Both parties may terminate an order by written notice, if the causes of force majeure do not cease within 30 working days. In such a case, neither party shall be responsible for the termination (except for the reimbursement of the amount of a product paid but not delivered).

13.- RENUNCIATION

13.1.- No waiver by us of any specific legal right or action or failure to require Customer’s strict performance of any of its obligations shall not constitute a waiver of any other rights or actions arising from an order or the Conditions, nor absolve the Customer from fulfilling its obligations.

13.2.- No waiver by us of any of these Terms or any rights or actions arising from an order shall take effect, unless it is expressly stated that it is a waiver and is communicated to the Customer in writing.

14.- PARTIAL NULLITY

If any of the clauses of these Terms are declared null and void by a final decision issued by the competent authority, the remaining clauses shall remain in force, without being affected by such declaration of invalidity.

15.- COMPLETE AGREEMENT

These Terms and any documents referred to therein constitute the entire agreement between the Customer and us in relation to the subject matter of the order/contract, and supersede any other prior agreement, agreement or undertaking agreed between the Customer and us, verbally or in writing.

16.- APPLICABLE LAW AND JURISDICTION

16.1.- The access, navigation or use of this Website and the orders of products through it will be governed by Spanish law.

16.2.- The parties submit, at their choice, for the resolution of disputes and with renunciation of any other jurisdiction, to the competent courts and tribunals of the domicile of the Client/user.

Consumers may also submit their complaints via the online dispute resolution platform set up by Regulation (EU) 524/2013, available at the following link:https://ec.europa.eu/consumers/odr/

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