GENERAL CONDITIONS

Introduction

These General Conditions of Use regulate the use of the Internet portal "Nutridos.com" (the "Portal") owned by Comercio y Marketing Emocional SL

This document sets out the terms and conditions governing the use of this website and the purchase of products on it. Please read these terms and conditions carefully before using our website. By using this website or placing an order through it, you agree to be bound by these terms and conditions, so if you do not agree with all of the terms and conditions you should not use our website. These terms and conditions may be modified at any time. It is your responsibility to read them regularly, as the terms and conditions in force at the time of using the website or entering into the contract will be those that apply.

Nutridos advises the user to carefully read both these general conditions and the other legal notices posted on the portal, and in particular all those conditions or mentions that are related to the content, as well as the "Privacy Policy" section.

If any questions arise after reading these conditions, please contact Nutridos via the following email: atencion-clientes@nutridos.com.

Applicable regulations

The legal relationship between the parties is governed by Spanish regulations and specifically by the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (TRLDCU).

By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions and authorize the Company to obtain information from third parties, including any information relating to your credit or debit cards (including credit reports) to verify your identity and validate your credit or debit cards.

These General Conditions, the text of which is written in Spanish, may be stored and reproduced at any time by the user who makes a purchase, and must be accepted before proceeding to pay for the products.

Modifications

The company reserves the right to:

Update these terms from time to time. Any changes will be notified to users by means of a corresponding announcement on the Website. It is the user's responsibility to check for any such changes, which will apply to the use of the Website once notified. If the user does not wish to accept the new terms, the user must discontinue use of the Website. If the user continues to use the Website after the date of entry into force of the changes, the use of the Website indicates the user's acceptance of being bound by the new terms; modify or remove, temporarily or permanently, the Website and its content (or any part of it) without prior notice and the user agrees that the company will not be liable to the user for any modification, suspension or withdrawal of the website or its content; and disable any password or identification code that the company has provided to the user, has been chosen personally or has been assigned by the company, at any time if, in the company's opinion, the user has breached any of the provisions set out in this document.

Conditions of access

The user expressly and unequivocally declares that he/she will access the portal and, where applicable, use it and the contents therein in accordance with the legal legends, these general conditions, the specific conditions that may be provided for each content, as well as other applicable regulations, good practices and customs, good faith and public order. In any case, and for purely illustrative purposes, the user undertakes to:

a) Not to access or use the portal or its contents in any way that is not permitted or contrary to the purpose of the portal and the regulatory framework that governs it. Thus, the user must not access or attempt to access or use restricted content and/or areas of the portal without due authorization to do so. Furthermore, the user must access and use restricted areas using the procedures and tools that the portal itself has established for this purpose, and in no case may the user, whether or not the user is authorized to access and use restricted areas and content, use any procedures, means or computer tools that attempt to bypass the security and identification measures established by Nutridos or by third parties.

b) Not to make any false or fraudulent orders. If it could reasonably be considered that such an order has been made, Nutridos is authorized to cancel it and inform the relevant authorities.

c) Provide Nutridos with a true and accurate email address, postal address and/or other contact information. Users also agree that Nutridos may use this information to contact them if necessary.

Once the present terms and conditions have been accepted, the user, after completing all the steps of the registration procedure, will obtain a user name and password that will allow him/her to access the restricted areas.

The personal data provided in the registration form within the portal will be treated in accordance with the provisions of the "Privacy Policy" section. The assigned identification keys and passwords will be personal, exclusive and non-transferable for the registered user to whom they were assigned, so that the diligent and confidential custody of them will be the sole responsibility of the user, as well as any damages that may eventually arise from the access and use of the restricted areas carried out by both the registered user and any third party due to the lack of diligence or confidentiality in their custody by the registered user.

In the event of forgetting the keys and passwords, the user may use the section provided on the portal “Forgot your password?”. In the event of any other circumstance that poses a risk of access and/or use by unauthorized third parties, users must immediately notify them via the following email address: atencion-clientes@nutridos.com so that the password can be blocked and replaced immediately.

The user undertakes not to provide false data, and in particular data relating to age, sex or email address or otherwise. The user shall be liable for all damages of any kind that Nutridos may suffer as a result of providing false data. The user shall also be liable for any amount that Nutridos must pay as a result of an administrative resolution, final court ruling or settlement agreement intended to compensate third parties for damages caused by the same reason. In any case, Nutridos reserves the right to freely accept or reject the user's registration and purchase request.

Purchasing process

To complete the purchase process, the User must complete the following steps:

1. Select the product you wish to purchase and press the "Add to cart" button. The User may add more products to the cart before completing the purchase.
2. Once the product selection is complete, the User will access his/her shopping cart, where a summary will appear identifying the selected item(s).
3. The user must choose one of the following methods to register on Nutridos.com: as a new customer, through their Google account, through their Facebook account or as a guest. In any case, they will be asked for the necessary data to be able to correctly process orders.
4. If the User wishes to modify any of the data entered, the summary shown on the screen will automatically change. The User may correct any error in the introduction of their identification or contact data, as well as errors associated with the sales process, by contacting us at the following email: atencion-clientes@nutridos.com .
5. Select shipping method.
6. The User may also choose the payment system from among those offered by Nutridos. In this case, the buyer expressly declares that he/she is the owner of the payment methods used.

Once the ordering process has been completed, Nutridos will send an email detailing the order details. This document is confirmation that the transaction has been completed successfully and serves as proof of any type of claim, provided that the corresponding proof of payment is attached. If the User does not receive this email, the User must check their "junk mail" or "spam" folder, as it may have been detected as spam. If the User is not in this section, they must notify this as soon as possible to atencion-clientes@nutridos.com .

During the purchasing process, we also point out the following relevant aspects:

1. Shipping addresses: new addresses can be added from here.
2. Delivery methods: in this section you can select the shipping method from those available.
3. Payment: In this section you can select the payment method you wish from those available. Once you have selected the payment method and confirmed the order, the purchase process will be complete.
4. Email: A confirmation of the order placed will also be sent by email. Nutridos, in accordance with the indicated privacy policy, will guarantee the confidentiality of the data.
5. Once the purchase is complete, a summary screen of the purchase made will be displayed.
6. Once the order has been shipped, you can download the simplified invoice in PDF format in the My Orders section.

Territorial scope

The items offered through this website are only available for shipping to national territory (except Ceuta, Melilla and the Canary Islands).

Product availability

All product orders are subject to availability. In this regard, if there are difficulties in supplying products or if there are no items in stock, the same product will be offered in a different flavour if available. If the product offered does not meet the user's expectations, the possibility of partially or totally cancelling the order will be offered, processing the corresponding refund if the order has been paid.

Refusal to process an order

Nutridos reserves the right to withdraw any product from this website at any time and to remove or modify any material or content on the website. We will not be liable to the USER or any third party for withdrawing any product from this website regardless of whether said product has been sold or not, or removing or modifying any material or content on the website.

Shipping and delivery

Depending on the product, its location and the time of purchase, processing may take from 24 to 72 hours. If you select products with different delivery dates, your order may consist of more than one shipment.

You can choose between:

• Click and collet system. Pick up in store.

And two shipping methods, both with the company SEUR, SA

• Home delivery / Seur.
• Delivery to collection point/Seur pick up.

When the order leaves Nutridos' facilities, the user will receive an email notifying them of the order's tracking number in case they wish to track it.

It is from this moment that the delivery period begins to count.

Delivery will be made to the address designated by the user. Two attempts will be made and subsequent attempts will be made at points in the Seur network.

If you are not at home, Seur will leave a notice of the attempted delivery and the way to arrange it.

If you choose “Pick-up point” as the shipping method, you will have a period of 10 calendar days to pick up the package.

You will finally receive your order at the agreed delivery location.

The cities of Ceuta, Melilla and the Canary Islands are excluded as shipping areas for our products.

Undeliverable

If delivery has been impossible on two occasions, the courier service will contact the user to arrange a new delivery or to notify them at which branch the order is available for collection.

Transfer of risk and ownership of products

The risk of the products will be borne by the user from the moment of delivery. The user will acquire ownership of the products when Nutridos receives 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.

Price and purchase conditions

The price of each product will be the one stipulated at any given time on the website, except in the case of a manifest error. Although Nutridos tries to ensure that all prices listed on the website are correct, errors may occur. If Nutridos discovers an error in the price of any of the products that the user has ordered, the user will be informed as soon as possible and will be given the option of reconfirming the order at the correct price or cancelling it.

If the buyer cannot be contacted, the order will be cancelled. We will not be obliged to supply any product at the incorrect lower price if the pricing error is obvious and unmistakable and could have reasonably been recognised by the user as an incorrect price. The prices on this website include the relevant tax (VAT) but exclude delivery costs.

The RRP (retail price) of items with shipping address to the Peninsula and the Balearic Islands includes 21% VAT, except for food items, whose RRP includes 10% VAT. Each tax is adapted to the type of item and is open to possible changes.

To proceed with payment, the user must follow each and every one of the instructions shown on the corresponding page of the payment process on nutridos.com .

Conditions of purchase

Payment Methods

To proceed with payment, the Customer must follow each and every one of the instructions shown on the corresponding page of the payment process on nutridos.com. Payment for the products and any shipping costs may be made by credit or debit card (PAYTPV), Bizum or PayPal.

Prepaid methods (credit or debit card, PayPal and Bizum) will be subject to verification and authorization by the issuing entities. If the payment is not authorized, the order may be rejected. The price of the products and the costs of the shipping service (if applicable) will be charged at the time of placing the order.

Payment by card (SSL)

As an electronic payment system, nutridos.com has an e-commerce payment gateway, through which all data provided is hosted on a secure server certified according to the "Secure Socket Layer" (SSL) protocol, and is therefore encrypted to ensure maximum security. Under no circumstances will the data provided by Customers through the payment gateway be stored, and will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed.

Security policy

All transaction information transmitted between this site is encrypted using 256-bit SSL certificates. All data subject information is transmitted encrypted and all messages sent to its servers from PAYTPV are signed using SHA hashing to prevent tampering. Information transmitted to PAYTPV servers cannot be examined, scanned, used or modified by any outside party who gains access to confidential information.

Data encryption and storage

Once in PAYTPV systems, confidential information is protected using 1024-bit encryption standards. Encryption keys are kept in highly secure, volatile systems with double authentication, making it impossible to extract them. Banks, security agents and banking institutions carry out regular audits to ensure data protection.

Links to banking entities

PAYTPV has several private links to banking networks that are completely independent of the Internet and do not cross any publicly accessible network. All cardholder information sent to the banks and all authorization messages sent in response are protected and cannot be manipulated.

Internal security

PAYTPV is audited for access controls to production environments. The CPDs where the systems are hosted operate in accordance with the requirements for Tier III centres. This ensures that security is not compromised at any time. There are sophisticated alarm systems, surveillance by closed circuit TV and security guards, present 24 hours a day, 7 days a week at the facilities, as well as rigorous monitoring and maintenance. All transaction and customer card information is protected, even from our own employees.

Disaster Recovery

PAYTPV has backup systems hosted in different countries to ensure optimal system security and high availability. It also has a complete business continuation and disaster recovery policy.

Payment with PayPal

If you have a PAYPAL account, we offer you the PayPal payment method, a quick and easy way to pay for your order. Orders processed through PayPal payment will be charged a commission of € 0.95 on said purchase.

Payment with Bizum

The User can make payments with their Bizum account without having to provide their debit/credit card or current account details.

Split your payment with SeQura Flexi

Users can pay for their purchases in a flexible way with seQura, with no interest or a small fee and in terms of up to 9 months. In addition, they can pay in advance or change the dates and control how they pay for their purchase. To use this service, the order must have a minimum value of 29 euros.

Choose seQura as your payment method and select the number of installments when completing your order.
Fill in 5 details and your purchase will be confirmed instantly. Today you will only pay the first installment, the rest will be made automatically each month. If you have any questions, please resolve them here .

Shipping costs

At nutridos.com, shipping costs are free for the entire peninsula (excluding the cities of Ceuta, Melilla and the Canary Islands), as long as the purchase amount is equal to or greater than €34.90. If the destination address is the Balearic Islands, shipping costs will not apply as long as the purchase amount is equal to or greater than €39.90. Shipping costs for orders of less than €34.90 with the home delivery service are €4.20 for the peninsula, €5.20 for delivery to the Balearic Islands.

International

• Portugal : For orders under €34.90, shipping costs of €4.20 will apply. Shipping costs are free if the purchase exceeds €34.90.
• Italy : For orders under €39.90, shipping costs of €7,90 will apply. For orders between €39.90 and €64.99, shipping costs of €5.50 will apply. Shipping costs are free if the purchase exceeds €65.
• Germany : For orders under €39.90, shipping costs of €7,90 apply. For orders between €39.90 and €64.99, shipping costs of €5.50 apply. Shipping costs are free for orders over €65.
• France : For orders under €39.90, shipping costs of €7,90 will apply. For orders between €39.90 and €64.99, shipping costs of €5.50 will apply. Shipping costs are free if the purchase exceeds €65.

Returns

1. The returned product must be in perfect condition, with its original packaging, promotional products, if any, and in general everything that is associated with the purchase of the aforementioned product.
2. The period for exercising the right of withdrawal is 30 calendar days.
3. In the event of withdrawal, nutridos.com will refund all payments received from the consumer, including, where applicable, shipping costs paid when making the purchase. This will be done using the same payment method used in the initial sale.
4. Returns will be made as soon as possible. Nutridos.com may withhold the refund of the price until it has received the goods or proof of their return. The cost of shipping the returned products will be borne by the buyer.
5. Returns and partial cancellations of an order will result in partial refunds of the total amount paid for the entire order.
6. Items identified as gifts acquired with the purchase of an order and that are requested to be returned individually will not be subject to the right of return.
7. Items that do not retain their original packaging (cases, boxes, guarantees, certificates, etc.) and those from which the security seals have been removed are not subject to the right of return.
8. In the case of discounted products or promotional offers and in the event of withdrawal, the amount paid by the customer will be refunded.
9. Shipping costs and costs for using payment gateways that entail an increase in the price are not subject to the right of return.

Exceptions to the right of withdrawal that apply to our store

The right of withdrawal will not be applicable to contracts that refer to:

a) Products included in the outlet section that may expire quickly.
b) 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.
c) The supply of goods which, after delivery and taking into account their nature, are
have been inseparably mixed with other assets.
d) The supply of goods unsealed by the user and without their original packaging.
e) Items identified as gifts acquired with the purchase of an order and which are requested to be returned individually.

You can exercise your right of withdrawal by notifying us at the following email address: atencion-clientes@nutridos.com .

Discount codes

The user may use Discount Codes as long as they are subject to the terms and conditions with which they were issued, which, among others, may include terms related to compliance with usage requirements and the maximum and minimum order value. The user must be aware of such terms and conditions before placing an order, since the company reserves the right to reject or cancel any order that does not comply with these terms, even if the credit or debit card has been charged. If there is any inconsistency between the terms and conditions of the Discount Codes and these Terms and Conditions, the terms and conditions of the Discount Codes will prevail.

Raffles and contests

Nutridos.com periodically organizes raffles and contests among our clients, users and members of the community on social networks. The User may consult the raffles/contests active at any time, as well as access the legal terms and conditions within the website.

Events beyond Nutridos' control

Nutridos shall not be liable for any failure or delay in performance of any of its obligations under a Contract that is caused by events outside its reasonable control ("Force Majeure Event"). Force Majeure Events shall include any act, event, omission or accident beyond Nutridos' reasonable control and, among others, the following:

1. Strikes, lockouts or other protest measures.

2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

5. Inability to use public or private telecommunications systems.

6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

7. Strikes, failures or accidents involving maritime or river transport, postal transport or any other type of transport.

Nutridos' obligations under the Contracts shall be deemed to be suspended for the period in which the Force Majeure Event continues, and Nutridos shall have an extension of the time to fulfil such obligations for a period of time equal to the duration of the Force Majeure Event. Nutridos shall use all reasonable means to terminate the Force Majeure Event or to find a solution that will enable it to fulfil its obligations under the Contract despite the Force Majeure Event.

Online dispute resolution platform

The European Commission provides an online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/ . Consumers may submit their complaints through this platform.

Applicable legislation and jurisdiction

These General Terms and Conditions of Contract are governed by Spanish law. The parties agree to submit to the courts and tribunals of the User's domicile for the resolution of any conflicts that may arise.

Last modified date: 18/01/2022