TERMS AND CONDITIONS
Please read the below Terms and Conditions in detail, as they contain important information about your rights, resources and obligations. By accessing or using the Dietox website or App, you agree to comply with and be bound by these terms.
2. Our Data
The sale of goods on this Web is carried out under the trademark DIETOX by FOODTERAPIA, S.L., a Spanish company, with registered offices at Rambla Catalunya 124, 4º-1ª, (08008) Barcelona, registered in the Barcelona Mercantile Registry under number 2012/2046, volume 43289, folio 88, page 423297, on the 19th July 2012, with Company Tax registration ID B-65844136, telephone number +44 0203 514 7285 and e-mail address firstname.lastname@example.org
3. Your data and visits to this Web
4. Use of our Website
By using this website, or placing an order through it, you agree to:
5. Service availability
All items offered on this website are only available for delivery within British territory (Mainland).
We do not ship to the islands.
Shipping costs: £13
If you have any questions or customer enquiries, please contact us by telephone +44 0203 514 7285 or e-mail at email@example.com
6. How to place an order
To place an order you will be required to follow the online purchase process and click on “Make an order”, “Pay” and “Complete Order”. After this, you will receive email confirmation of your order (the “Order Confirmation”). We will also inform you via e-mail when your order has been despatched (the “Delivery Confirmation”).
7. Technical means for correcting errors
If you detect that an error has been made when entering your personal data during the user registration process on this Web, you can modify your data from the “My Account” area.
This Web displays confirmation windows in several different parts of the purchase process, and you will not be allowed to continue with the order if the relevant data is not correctly provided. This Web also displays the details of all the items you have added to your cart during the purchase process, allowing you to modify your order details before payment is made.
If you detect an error in your order after completing the payment process, you should immediately contact our customer service department by telephone or on the e-mail address previously mentioned to rectify the error.
8. Product availability
All orders are subject to availability. Should there be any difficulty in supplying these products or if the products are no longer in stock, Users will be informed by an informative text or a “product out of stock” type button on the description page/purchase page corresponding to each product. Equally, if a computer problem causes this information to display incorrectly, we will be in touch as soon as possible to change the delivery date, cancel the order or reimburse any monies you may have paid.
Regarding vouchers, or discount coupons, we inform you that these are not compatible with sales discounts or other offers and may not be used in conjunction with other offers. Distributors may not use coupons or discount vouchers without prior authorisation.
Unless due to circumstances related to personalisation of products, or unforeseen or exceptional circumstances, your order will be sent to you on the day you selected during the purchase process, once payment has been confirmed, unless transport problems or circumstances out of Detox’s control arise.
Once you receive your product, it is your responsibility to ascertain if the product is in good condition. If the box is already open when it arrives, or if due to the appearance of the packaging, you suspect the product may have been tampered with, please immediately notify Dietox by telephone +44 0203 514 7285 or e-mail firstname.lastname@example.org.
Notice about public holidays: If your selected delivery day is a public holiday in the locality where delivery is due, your order will be delivered on the next working day (excluding Saturdays).
It is the User´s responsibility to inform themselves of public holidays in the delivery location.
If for reasons entirely attributable to us, we were not able to meet the delivery date, we will inform you of the situation and give you the option to choose another delivery date or cancel the order to receive a full refund.
For the purpose of the present Terms and Conditions, it will be understood that the “delivery” has been made, or that the order has been “delivered” when you, or a third party chosen by you, acquires the material possession of the products, which shall be accredited by means of a signature upon receiving the product at the agreed delivery address.
10. Unable to deliver
If we are unable to deliver your order, we will try to find a secure place to leave your parcel. If we cannot find a safe place, your order will be returned to our depot. We will leave a note to explain where you can find your parcel and how to re-arrange delivery. If you will not be available at the delivery location on the selected delivery date, please get in contact with us to re-arrange delivery for another day.
For the fresh Dietox products, if after three (3) days from the date your order is available for delivery, the order could not be delivered for reasons attributable to the User, we will assume that that you wish to withdraw from the Contract and therefore consider the order resolved, without the possibility of a refund.
11.1 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.
11.2 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 email@example.com 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.
11.3 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.
11.4 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.
11.5 Subscription type & term:
All subscriptions will automatically renew unless otherwise indicated by the client. DIETOX will automatically charge the corresponding amount for the renewal of 1, 2 or 3 months, depending on the selected subscription type. The client will always receive email notification prior to payment processing.
11.6 Changes to your subscription
DIETOX will provide reasonable notice of any changes to the price and/or subscription type before processing renewals, so that should the USER no longer wish to continue said subscription, they can proceed to its cancellation, in accordance with the established terms in these conditions.
11.7 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.
11.8 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.
11.9 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.
12.1 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.
13.1 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.
14.1 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 firstname.lastname@example.org, 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.
14.2 Conditions for Exchanges, Returns & Refunds
Exchanges and returns must be handled by email (email@example.com), 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.
15. Limitation of Liability
Dietox limits its responsibility to the following cases:
16. Rights Reserved
Dietox reserves the right to:
17. Industrial and intellectual property
You acknowledge and agree that all copyright, registered trademark and other industrial and intellectual property rights concerning the material or content provided as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us. This does not prevent you from using this website to the extent necessary to make a copy of any order or contact details.
18. Typing errors
All information published by Dietox on any advertising platform, belonging to Dietox or a third party, with special reference to banners, e-mail or any other communication, and which contains any typing error, whether it be involuntary or due to manipulation by third parties, is devoid of any value, and in case of doubt, we recommend users confirm this information via the Dietox contact channels such as e-mail or telephone.
19. Links from our website
In the event that our Web were to contain links to other websites or third party materials, such links are provided exclusively for informative purposes, and Dietox does not have any control over the content on such websites or materials. Therefore, we do not accept responsibility for any harm or loss caused by their use.
20. Applicable Law and Jurisdiction
The use of our website and the Contracts for the purchase of items through such website will be governed by Spanish law.
Any dispute arising from, or relating to the use of our website or to such Contracts shall be subject to the jurisdiction of the User´s registered address. Notwithstanding the foregoing, before taking any legal action, as a member of CONFIANZA ONLINE, and following the terms of their Ethics Code, Users may make use of the out-of-court dispute resolution services provided by Confianza Online (www.confianzaonline.es).
(Only complete and submit this form if you wish to withdraw from the contract)
For the attention of Foodterapia, S.L. acting under the commercial name DIETOX. I hereby notify you that I withdraw from my sales contract for the following goods [...], ordered on [date] and received on [date], with reference number [...]:
Consumer signature (only if the form is presented in paper format)