General Terms and Conditions
AMCORE BALANCE, S.L. (henceforth, “AMCORE BALANCE”, “The Vendor” or “Naturitas”) puts at your disposal an online purchasing service which allows to buy all the available products in our Website.
We invite you to check the General Terms and Conditions (henceforth, “GTC”) that regulate the conditions under which the use of this Website is governed and the purchase of products through the website www.naturitas.us (the “Website”).
On this sense, the use of this website constitutes, in what the application sea, your acceptance of these GTCs. Nevertheless, if you have any questions about them, you can contact our Customer Support Service.
These GTC’s have been prepared in accordance with the European Union and the Spanish Law 34/2002, of July 11, on “Services of the Information Society and Electronic Commerce” and the “Royal Legislative Decree 1/2007”, of November 16, by the that the Consolidated Text of the “General Law for the Defense of Consumers and Users” and other complementary laws.
ARTICLE 1 - GENERAL AND CONTACT INFORMATION
This Website is owned by AMCORE BALANCE, a Spanish company with CIF:B-66291097, registered in the “Registro Mercantil de Girona”, Volume 3.308, sheet number GI-67334, folio 209, Inscription 11 and which contact information is:
AMCORE BALANCE, S.L. with CIF B-66291097
Calle Pollancre 10 - 17452 Massanes
Contact email: [email protected]
ARTICLE 2 - OBJET
The purpose of these GTCs is on one side, to inform to the possible customers of the conditions in which AMCORE BALANCE proceeds to the sale and delivery of the requested products and, on the other side, to define the rights and obligations of the parties in the context of the sale of products by AMCORE BALANCE to the customer (hereinafter, the “Customer”). These GTC’s will apply, without restriction or reservation, to all sales of products that AMCORE BALANCE offers through the Website.
Therefore, the fact of placing an order for products offered for sale on the AMCORE BALANCE Website implies for the Buyer full and total acceptance of these GTCs, whose knowledge prior to the order is recognized by the Buyer.
AMCORE BALANCE reserves the possibility of unilaterally modifying the present GTC’s. However, the GTC’s applicable to the Order will be those that the Customer has accepted at the time of placing the Order.
ARTICLE 3 - FORMALIZATION OF THE CONTRACT AND ORDERS
The price of the products will be the price quoted in the Web Site at the time we accept your order (henceforth, “Order”. It is understood as Order what is defined in section 3.4 of these GTCs). The price showed on the Website could be changed at any moment by AMCORE BALANCE, been the price that will be applied the one which displays on the screen at the moment of the purchase.
The price will include any applicable Value Added Tax (VAT), but not the cost of delivery.
In addition to the price, you will have to pay our delivery charges as quoted in the Web Site at the time we accept your order - unless you qualify for free shipping. The amount of these charges varies according to the method of delivery and the delivery address you specify in your Order. The specifications of the different shipping and delivery methods are stablished at the section 5.1 of these GTCs and will be reminded at the Website. The shipping conditions can be modified by AMCORE BALANCE at any moment.
For deliveries outside the European Economic Community (EEC) and if the Website doesn’t say the opposite, the cost of Customs will be borne by the customer, since they are taxes from the receiving country and these costs are not linked to our sales service.
3.2 Products characteristics
The Customer will be able to select one or several products from the different categories displayed by AMCORE BALANCE on the Website.
Without any detriment to the Orders made by the Customer, AMCORE BALANCE holds the power to alter in any moment the catalogue of products for sale on the Website, especially as a consequence of restrictions bounded to their suppliers.
According to the applicable normative, prior to making the Order, the Customer will be able to know the fundamental characteristics of the products they wish to purchase on the Website of AMCORE BALANCE.
The products will fulfil the requirements of the current Spanish legislation. AMBORE BALANCE will not take any responsibility regarding the non-compliance of a legislation from a country that is not Spain to which the product was delivered to (for example, in case of a forbidden product, etc.).
Nevertheless, at AMCORE BALANCE we respect the rules and regulations of the local governments and do our best to block Customs prohibited products from our sites.
The Customer is responsible for verifying before the local authorities of the country where the products will be delivered to that is not Spain, the applicable limits for the import and use of the products and services they want to purchase.
For any queries regarding the products or complementary consultations or assistance requests, the Customer can contact the AMCORE BALANCE’s Customer Support Team by calling 0034 91 90 19 101 or 0034 93 27 11 184 from Spain.
The products shown on the Web Site will be valid for as long as they’re announced on it and, in every case, until the end of stock. In the case that the products are not in our warehouses, the validity of the offers presented by AMCORE BALANCE is bounded to the product’s availability. In the moment of placing the Order, the Customer will be presented with information regarding the availability of the products. Considering this information comes directly from our suppliers, exceptionally there can be errors or alterations that result in the Customer not having real information about the availability of the product until the moment of the purchase.
In any case, if there were a complete or partial absence of products available found after issuing the Order, the Customer will be informed as soon as possible by email of the unavailability of the product and the complete or partial cancelation of the Order.
In case of complete cancellation of the Order:
- The Customer’s Order will be automatically cancelled and if there wasn’t any payment made there will be no charge in their bank account.
- The Customer Support Team will contact the Customer informing of the Order’s cancellation and offer them the possibility of renewing the Order without the product not available.
- In case the payment was completed, the Order can be cancelled if it hasn’t left AMCORE BALANCE facilities, in this case the Customer will be reimbursed with the complete value of the Order as soon as possible. In case the Order was already prepared, the Customer should reject the delivery and bear the shipping costs.
- The Customer Support Team will contact the Customer to inform them about the cancellation of their Order and offer the possibility to renew the Order.
In case of partial cancellation of the Order:
- The Customer’s Order will be validated, and the full amount of the Order will be charged to their account.
- The delivery of the products available will be done to the Customer.
- The Customer will be reimbursed as soon as possible with the price of the product requested but not available.
The Customer will have the possibility to check the details of his Order and to correct the possible errors.
From the moment the Customer confirms his Order by clicking on the “Confirm and pay” icon (hereafter, the “Order”), it will be considered that he/she has accepted the content and conditions of the Order in question, the present GTCs, the fact that his/her Order implies a payment obligation, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and requested by the Customer.
Once this phase has been validated and the order is prepared, the Customer can no longer cancel his Order. The sale will be final (subject to the exercise by the Customer of his right of withdrawal under the conditions provided in article 6 of these GTCs). The Order will be confirmed by AMCORE BALANCE by sending an email to the Buyer (the "Order confirmation email").
A second email will be sent to the Customer at the time of the shipping of his Order.
AMCORE BALANCE recommends Customers to keep these two emails. The Customer is informed that the two emails will be sent to the email address that he/she would have provided for identification during the registration process, prior to the Order.
On the other side, AMCORE BALANCE does not assume any responsibility in case of error in the introduction of the email address or non-receipt of the Order confirmation email. In these cases the sale will be definitive, except in the case of cancellation of the Order by AMCORE BALANCE, especially in the case of products without availability. However, the Buyer may exercise his right of withdrawal under the conditions provided in Article 6 of these General Conditions of Sale.
Once the amount of the Order has been charged, an email with the electronic invoice will be sent, if requested by the Customer.
In accordance with applicable regulations, AMCORE BALANCE reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products, the amount to be paid (for a single order or for several accumulated orders) or other elements evidences the development by the Customer of an economic activity related to the requested products or, in general, any abnormal Order according to the jurisprudence applicable to the case.
Finally, AMCORE BALANCE reserves the right to suspend or cancel the execution and / or delivery of an Order, regardless of its nature and degree of execution, in case of non-payment or partial payment of the amounts owed by the Customer, in case of incidents in the payment or in the case of fraud, consummated or attempted, related to the use of the AMCORE BALANCE Website, including fraud committed in connection with previous Orders.
ARTICLE 4 – PAYMENT
4.1 Payment methods
AMCORE BALANCE leaves at the Customer’s disposal the following payment methods:
- Payment with credit/debit card: AMCORE BALANCE accepts VISA and MASTERCARD. All the cardholders are subject to validation and authorization by the issuer of the bank card. If the issuer of the customer's payment card denies, or for any reason, does not authorize payment in our favor, either prior to or after payment, we will not be liable for any delay or non-delivery. AMCORE BALANCE has contracted the services of Ayden, company offering a safe online payment bridge, so that the information provided by the Customer at the moment of the payment will be processed by this company and therefore AMCORE BALANCE will not have access and will not save any of this information.
- Payment with Paypal: Paypal enables to pay directly without communicating the financial data on the Internet and automatically codifies the confidential data.
Refunds will generally be made by means of a credit to your original payment method.
4.2 Security in the Payments Operations
Within the framework of the fight against fraud on Internet, the data related to the Customer's Order may be communicated to third parties authorized by law or designated by AMCORE BALANCE, for the sole purpose of verifying the Customer's identity, as well as the validity of the Order, the payment method used and the expected delivery.
ARTICLE 5 – DELIVERY AND RECEPTION
5.1 General terms
The products requested by the Customer in accordance with the provisions of these GTCs may be delivered or collected, at the Buyer's choice, as follows:
- At the address that the Customer would have indicated as the delivery address for the corresponding Order (hereinafter, "Delivery Address").
- At a point of convenience selected by the Customer (only available in certain countries).
For deliveries outside the European Economic Union, the customer may have to pay import taxes, customs duties, or a brokerage (handling) fee for your order. These charges are separate from your shipping fee, and you will be billed directly from the carrier of your choice.
No claim regarding delivery will be accepted when the package appears as delivered in the Carrier’s computer system.
5.2 Abnormalities or damaged packages
5.2.1 General terms
We recommend to the Customer or to the recipient of the Order, to verify at the time of delivery the external condition of the package and the products.
In case of anomaly related to the package (damaged package, open package, liquid remains, etc.) or related to the requested product(s) (product(s) missing, product(s) damaged), the Customer must imperatively follow the corresponding procedure, among those described below (in articles 5.3.2 and 5.3.3 of these GTCs). Failure to comply with the appropriate procedure will exclude the possibility of appeal against the carrier and against AMCORE BALANCE. Specifically, the Customer may not demand any refund. The Customer, or the recipient of the Order, may not demand AMCORE BALANCE to replace the requested products.
Likewise, the Customer or the recipient of the Order will have the possibility to call AMCORE BALANCE Customer Service Department to know the modalities for the return of the damaged product(s). In this case, the Customer will be obliged to follow the procedure for the return of damaged products that would have been indicated by the AMCORE BALANCE Customer Service. Otherwise, the Buyer may not require any refund or replacement of the affected products.
Product anomalies will not be considered as such, if the return request is based on the receipt of a product whose packaging or labelling differs from that published on the company's website, as it is due to updates and rebrandings of the products and their packaging on the manufacturer's side.
5.2.2 Mandatory procedures in case of damaged package
In the case of an incident found in the presence of the carrier:
- Reject the delivery and indicate clearly and in detail the incident to the carrier.
- Report the reason for the refusal of delivery to the AMCORE BALANCE Customer Service Department.
In case of incidents found without the presence of the carrier:
- Report the anomaly to AMCORE BALANCE Customer Service Department.
You can contact AMCORE BALANCE Customer support balance:
The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 business days from the delivery of the product
5.2.3 Mandatory procedures in case of missing or damaged product
The Customer must notify the absence or degradation of any product(s) to AMCORE BALANCE Customer Service Department through the means specified in the previous section. AMCORE BALANCE Customer Service may request any information regarding the identity of the Customer or recipient of the Order and proceed as many verifications as necessary for the case.
5.3 Delivery times
The Estimated Delivery window provided by AMCORE BALANCE reflects most standard deliveries. However, some orders may occasionally be subject to longer transit time caused by air freight or ground transportation delays, Customs hold (for countries outside the European Economic Union), or any other unforeseen complications outside of AMCORE BALANCE’s control.
ARTICLE 6 - RIGHTS AND WITHDRAWAL PERIODS
6.1. Withdrawal period
6.1.1. Deadline for the exercise of the right of legal withdrawal
In accordance with the applicable regulations, the Customer has a period of FOURTEEN (14) days, from the date of receipt of the Order, to exercise his legal right of withdrawal without being obliged to motivate his decision.
6.1.2. Products excluded from the right of legal withdrawal
In accordance with applicable regulations, the legal right of withdrawal may not be exercised in the case of Orders relating to:
- The supply of items that would have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
- The supply of fresh products for immediate consumption
Therefore, the Customer is advised of the fact that he will not be able to assert his legal right of withdrawal with respect to items unsealed by the Customer whose commercialization by AMCORE BALANCE entails risks for reasons of hygiene or protection of the health of consumers (e.g., makeup, products for immediate consumption, food, etc.).
6.1.3. Consequences of exercising the legal right of withdrawal
When the products are subject to the legal right of withdrawal, the Customer who exercises his right of withdrawal under the conditions described in this article, may obtain the refund of the amount paid for the acquisition of the returned products. The refund of the amount paid must be made without further delay, and in any case, before FOURTEEN (14) calendar days from the date on which the AMCORE BALANCE was informed of the right of withdrawal by the Customer.
In accordance with the applicable regulations, the return costs of the products will be borne by the Customer.
6.2. Modalities for exercising the legal right of withdrawal and the contractual right of withdrawal
6.2.1. General terms
The products must be returned to AMCORE BALANCE in an appropriate state for selling (products in perfect condition, accompanied by their original packaging, accessories, leaflet, etc.) within a maximum period of ONE (1) month from the date of their reception. Returns of products that occur after that period will not be accepted.
The products must be accompanied by the Order number, it is the Customer's responsibility to pack the products so that they arrive correctly at the AMCORE BALANCE facilities.
6.2.2. Return to the collection points provided by the transport company
In addition to the conditions established in article 6.2.1 of these GTC’s, the Customer who wishes to exercise his right of withdrawal, returning a product by courier / parcel, must respect the following instructions:
- Use the original packaging for the return of the affected product (s).
- Through the collection points indicated by the transport company.
Freight collect shipments will not be accepted.
In case of the Customer does not effectively prove to have secured the deposit of the product with the carrier or in the establishment, the risks associated with the return of the product will be borne by the Customer.
ARTICLE 7 – GUARANTEE
7.1. Legal guarantee
All products for sale on the Website are covered by the legal guarantee in accordance with the applicable regulations and by the guarantee against hidden defects, which allows the Customer to return without cost the defective or non-conforming products that had been delivered .
7.1.1 Legal guarantee of conformity
In accordance with applicable regulations, AMCORE BALANCE is obliged to deliver products that are in accordance with the contract, responding to any lack of conformity that exists at the time of delivery of the product.
To be in accordance with the contract, the product must:
- Be suitable for the uses which products of the same type are ordinarily destined.
- Comply with the description made by the Vendor and possess the qualities of the product that the Vendor has presented through the Website.
- Present the quality that the Customer can fundamentally expect, given the public statements made by AMCORE BALANCE by advertising or labeling. Likewise, AMCORE BALANCE will not be bound by these statements if it shows that it was unaware and could not reasonably be expected to know the statement in question, that said statement had been corrected at the time of the conclusion of the contract or that the statement could not influence the decision of buying the product.
- Present the characteristics defined by mutual agreement between the parties.
The action resulting from defects of conformity prescribes TWO (2) years from the delivery of the good.
7.1.2 Legal guarantee for hidden defects
In accordance with the applicable regulations, AMCORE BALANCE will be bound by the guarantee for the hidden defects of the product sold, if they make it improper for its intended use, or if this use is reduced in such a way that, if known by the Customer, he/she would not have acquired it or would give less price for it.
In the context of the legal guarantee for hidden defects, AMCORE BALANCE undertakes, prior evaluation of the hidden defect, at the Customer’s choice:
- To refund the entire price of the returned product(s) or
- To refund a part of the price of the product when the Customer chooses to keep the product.
7.1.3 Exclusion of guarantees
Products modified, repaired, integrated or damaged by the Customer are excluded from the warranty. The warranty does not apply to products that have suffered deterioration during transport or as a result of their misuse.
7.2 Execution of legal guarantees
Regarding the legal guarantee of conformity, the Customer:
- Has TWO YEARS, counting from the day of the product’s delivery, to exercise the action.
- Should keep the Order’s purchase receipt or the delivery note.
The legal guarantee of conformity is applied independently of any other commercial guarantee granted.
In order to make any complaint regarding legal guarantees, the Customer should contact the Customer Support Team through the contact information specified in this GTC’s.
The present disclaimer does not exclude the right to cancellation mentioned in the previous article 6.
The warranty does not apply to products that may have suffered damage during transportation or as consequence of its wrong use.
7.3 Consequences of the execution of the guarantees
In the legal guarantee of conformity framework, AMCORE BALANCE is committed, at the Customer’s choosing:
- To replace the product for another identical considering the goods available, or
- To reimburse the price of the product when it is impossible to replace the unavailable product.
In the context of the legal guarantee of conformity for hidden defects, AMCORE BALANCE is committed after evaluating the hidden defects, at the Customer’s choosing:
- To refund the entire price of the returned product(s) or
- To refund a part of the price of the product when the Customer chooses to keep the product.
ARTICLE 8 – SIGNATURE AND PROOF
AMCORE BALANCE works for the protection of the personal data of its customers guaranteeing a high level of security; However, the Customer must also participate in the protection of his personal data. Specifically, the Customer must maintain the security of their online transactions, for example, by not communicating to anyone their identifier (Customer's email address) and / or their password, and periodically changing the password. AMCORE BALANCE assumes no responsibility for the disclosure of the data related to the Customer to any person who makes use of the identifier (email address of the Buyer) and / or its password.
The use of the identifier (email address of the Buyer) and / or the password of the Customer will be proof of their identity at the time of validation of the Order.
AMCORE BALANCE assumes no responsibility whatsoever for the fraudulent use of this data. The communication of the bank card number and the final validation of the Order will serve as proof of the acceptance of an Order and the enforceability of the amounts committed for the reservation of the products that appear in the Order. The computerized records, kept in the computer systems of AMCORE BALANCE and its associates, will be considered proof of communications, Orders and payments made between the Parties.
ARTICLE 9 – CUSTOMER SUPPORT
For any additional information, query related to the status of an Order or a return, or claim related to an Order, you can contact AMCORE BALANCE Customer Service by phone at 0034 91 90 19 101 or 0034 93 27 11 184 during business hours or sent an email to the address [email protected].
ARTICLE 10 - RESPONSIBILITY
Prior to placing an Order, the Customer declares that he/she has full legal capacity to be bound by these GTC’s. Therefore, in the event that a person who does not have legal capacity place an Order for products on the AMCORE BALANCE Website, the legal persons responsible for that person (especially parents or legal guardians) will assume full responsibility for the Order and in particular, they will must to take over the price of the same.
10.2 Limitation of Liability
The liability of AMCORE BALANCE for the obligations established in these GTC’s may not be demanded when the breach of said obligations is attributable to acts of third parties, even when such events are foreseeable, to the fault of the Customer or to the occurrence of a circumstance of force majeure, as defined in the applicable jurisdiction, or of any other circumstances that reasonably escape the exclusive control of AMCORE BALANCE. The information available on the Website is expressed without any warranty, implicit or express, regarding its integrity, accuracy, timeliness, absence of infringement, availability, reliability or completeness of the data, products, accessories or services that appear on the Website or about the suitability of the same for the use that the Customer plans to make of them.
AMCORE BALANCE DECLINES ALL RESPONSIBILITY FOR DAMAGES, DIRECT AND INDIRECT, FORESEEABLE OR NOT, SUFFERED FOR THE USE OF THE WEBSITE. IN THE ASSUMPTION THAT AMCORE BALANCE LIABILITY WILL BE ESTABLISHED FOR INJURIES SUFFERED BY THE CUSTMER EXCLUSIVELY TO THE PLACING OF THE ORDER, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE CUSTOMER HAD BEEN PAYED TO AMCORE BALANCE.
ARTICLE 11 – PERSONAL DATA PROTECTION
ARTICLE 12 – AMCORE BALANCE IS NOT A HEALTHCARE ADVISOR
The Website is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Website, including information that may be provided on the Website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Website and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Website including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Website does not recommend self-management of health issues. Information on the Website is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Website.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Website to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Website by employees or Website users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Website users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Website with regard to recommendations regarding supplements for any health purposes.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
ARTICLE 13 - MISCELLANEA
13.1 Partial disability
If one or more of the stipulations of these GTC’s are considered invalid or declared invalid by application of any law, regulation or as a result of a final decision of a competent authority, the remaining stipulations will retain their validity and scope in full.
13.2 Exclusion of Resignation
The fact that either Party does not exercise the rights that assist it in the event of a breach by the other Party of any of the obligations imposed by these GTC’s cannot be interpreted as the resignation of future breaches of the obligation in question.
13.3 Applicable Law and Competent Jurisdiction
These General Conditions are governed by the legislation of the European Union.
Consumers who reside in the European Union and have had a problem in their online purchases on the Website, may use the European Union System for extrajudicial resolution of Online Litigation by accessing the website:
The GTC’s will be applied during the entire period in which the products offered by the company AMCORE BALANCE remain online and until the expiration of the warranty terms. In any case, the provisions of “Article 10. Responsibility” shall remain in force after the termination of the GTC’s.
LAST REVIEW/UPDATE – MARCH 2020