These general conditions regulate the purchase of products through the website www.mydietbox.com owned by Healthy Branding SL, hereinafter referred to as DIETBOX, with registered office at c/ Tortosa 60, 08227 Terrassa (Barcelona) and VAT number: ESB67350603, which makes available to its CUSTOMERS the following General Contracting Conditions:
1. DEFINITIONS
Service Provider: Healthy Branding SL, hereinafter DIETBOX, with registered office at c/ Tortosa 60, 08227 Terrassa (Barcelona) and VAT number: ESB67350603. Customer: Any individual of legal age, Company, Corporation, Association, or any other entity wishing to subscribe to healthy food as well as any service offered by the service provider through the website www.mydietbox.com
SERVICES: Subscription to healthy foods and products, receiving a surprise box every month, and purchases in the online product store.
2. OBJECT OF THE CONTRACT
The contract aims to establish a general legal framework of rights and obligations between the parties regulating the general conditions of the services offered by the service provider.
The CUSTOMER will be constantly informed about the Products and Services available at all times, through the Website, as well as through notifications made by THE SERVICE PROVIDER, whether by phone, mail, or electronic means.
Access to information is completely free, while the subscription service and purchases of healthy food and products are chargeable, specifying at all times the current prices of the product, shipping costs, and tax charges.
The contracting procedure will be carried out in Spanish.
3. APPLICABLE REGULATIONS
These General Conditions are subject, among other provisions, to the provisions of Law 7/1998, on General Conditions of Contracting, to Royal Legislative Decree 1/2007, approving the revised text of the General Law for the Defense of Consumers and Users, to Law 3/2014, of March 27, modifying the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.
4. IDENTIFICATION OF THE CONTRACTING PARTIES.
On one hand, the SERVICE PROVIDER, and on the other hand, the CUSTOMER, whose data entered to subscribe/purchase, through the established form for this purpose, are those provided by themselves or by their legal representative, so the responsibility for the authenticity of the data corresponds directly and exclusively to the CUSTOMER.
5. OBLIGATIONS REGARDING THE PROCEDURE FOR SUBSCRIBING TO HEALTHY FOOD AND PRODUCTS.
The User is obliged to provide the data in a truthful, accurate, and complete manner, guaranteeing the authenticity of the data communicated by themselves in the procedure for subscribing to healthy food and must keep all information provided to DIETBOX updated.
If the CUSTOMER fails to comply with this obligation, they will be responsible for any damages caused to the SERVICE PROVIDER, or to any third party involved, due to their false or inaccurate statements.
Therefore, DIETBOX is not responsible for errors made by the CUSTOMER regarding spelling, grammar, or punctuation errors entered in the forms.
6. SERVICE CONDITIONS
The commercial conditions of this food subscription/purchase and any offers that may be made by the service provider are always displayed on the mentioned website and can be consulted at any time.
The SERVICE PROVIDER reserves the right to modify these General Terms and Conditions of Contracting as well as any other document displayed on the website at any time without prior notice.
The SERVICE PROVIDER may request the CUSTOMER’s acceptance of additional and complementary clauses to these General Terms and Conditions, which must also be read and accepted for the effective and correct provision of the food supply service.
In the event of contradiction or conflict between any of the conditions accepted by the CUSTOMER, the specific conditions shall prevail over the general ones.
7. RESPONSIBILITIES.
The SERVICE PROVIDER shall not be liable for delays or failures occurring in the access, operation, and functionality of the Website, or in its services and/or contents, nor for interruptions, suspensions, or malfunctions thereof, when they originate from breakdowns caused by natural disasters or force majeure situations, or extreme urgency, such as strikes, computer attacks or intrusions, or any other force majeure situation or fortuitous cause, as well as for errors in data transfer telematic networks, and in any case when the error has been caused by a third party unrelated to the business organization of the SERVICE PROVIDER.
The SERVICE PROVIDER is responsible for the reliability, truthfulness, and accuracy of the content, data, or information regarding the products offered on its website, unless these have been modified by third parties, whether or not they are affiliated with the organization, without express authorization from the company.
The service provided by the SERVICE PROVIDER is exclusively limited to making healthy food and products available to CUSTOMERS, being responsible in such case for said products if they are found to be in poor condition.
In the event that banners allowing users to access third-party websites or links owned by third parties may be hosted on websites owned by the SERVICE PROVIDER, the SERVICE PROVIDER shall not be responsible for the content hosted therein and shall proceed to remove them in case any user communicates any type of illicit content to the company, once the company has verified it.
The CUSTOMER undertakes to comply with what is established in the “LEGAL NOTICE” and with the GENERAL AND PARTICULAR CONDITIONS OF CONTRACTING published by the SERVICE PROVIDER on its website at the time of product subscription.
PERFECTION OF THE CONTRACT
The validity of contracts concluded electronically is protected by Articles 23.1 and 23.3 of Law 34/2002 on Information Society Services and Electronic Commerce: “Contracts concluded electronically shall have the same validity and produce all the effects of Civil and Commercial Law.”
The Contract is perfected from the moment the CUSTOMER expresses their agreement, therefore we ask you to carefully follow all the purchase procedures.
8. SUBSCRIPTION PROCEDURE FOR FOOD.
The food subscription process is exclusively carried out electronically on this website, and payments are made securely through SSL certificate.
The steps to subscribe are as follows:
8.1. CHOOSE THE SUBSCRIPTION
We offer different subscription options:
8.1.1 SUBSCRIBE TO THE DIETBOX PLAN
DIETBOX offers a subscription to receive a box with healthy food and products every month, receiving a surprise box each month, in which the CLIENT will not know at any time prior to its receipt, all the products included in the box. You can choose from various types of subscriptions:
8.1.1.1 MONTHLY DIETBOX SUBSCRIPTION
The monthly subscription is €15.99/month. The subscription is automatically renewed on the 2nd day of each month unless you want to cancel it. Once the subscription is renewed, no refunds are made.
8.2. DATA ENTRY OR REGISTRATION PHASE
Once the subscription has been chosen, the user proceeds to the user registration phase, in which the shipping details will be entered as well as their email and password for creating their account.
8.3 PAYMENT METHOD
Once the steps outlined above have been completed, the CUSTOMER must proceed to make the payment, for which they can choose to pay by credit or debit card. DIETBOX accepts both Visa and Mastercard cards.
To make payments, the CUSTOMER must have the card number, expiration date, and verification code found on the back. All payments to DIETBOX are made through the Stripe payment platform.
DIETBOX, in order to protect its CUSTOMERS during the payment process, has decided that transmission is carried out using SSL security standards (Secure Socket Layer).
8.4. SHIPPING DETAILS:
Once the Customer is registered and has selected the payment method, the billing and shipping address will be indicated. In the billing form, the following personal data will be requested:
- Name
- Last name
- Address
- City / Town
- Province
- Postal Code
- Phone
- Email address
8.5. PURCHASE SUMMARY
Once the payment is made, the CLIENT will view the summary of the purchase made, which includes:
- Order number: The order number corresponding to the purchase made.
- Billing details: Data relating to the address.
- Chosen payment method
8.6. CONFIRMATION EMAIL
Immediately after payment, the CLIENT will receive an email to the address provided during the Registration phase, showing all the information regarding their subscription. Specifically, an email will be sent containing the following data:
- Order number
- Date of the order
- Payment method for the subscription
- Total
- Billing address
The email will be sent within a maximum period of 24 hours as established by law. However, and considering it as a technical and automatic element, errors may occur that are beyond the control of the Website Manager, so if you do not receive this email from the company, please inform DIETBOX.
9. SHIPMENT OF PRODUCTS
The product will be sent to the address provided by the CUSTOMER at the time of payment. DIETBOX distributes the box with healthy products in 15 countries: Germany, France, Belgium, Austria, Poland, Denmark, Spain, Italy, Portugal, Czech Republic, Hungary, Croatia, Slovakia, Slovenia and Luxembourg in the delivery times agreed with the CUSTOMER ; However, the delivery times shown on this website are indicative and in no way definitive. In case of delay, the CUSTOMER may contact DIETBOX to review the situation. In case of non-delivery, the CUSTOMER may arrange a new delivery date with the transport agency.
The shipping costs for the products are included in the price. DIETBOX has contracted an external company, which will be responsible for the transport and delivery of the box with the healthy products. DIETBOX is not responsible for any loss or damage to the box due to the absence of the CLIENT during delivery.
The costs for damages suffered by DIETBOX as a result of negligent or intentional conduct by the CLIENT are the responsibility of the CLIENT.
The CLIENT is responsible for the product once the delivery note is signed by the person receiving the order.
10. WARRANTY AND CLAIMS
The receipt of DIETBOX boxes with food and healthy products is done once a month, with the content always varying, with the CLIENT unaware each month of all the products included, although DIETBOX ensures that they will always contain products of similar price or value. By subscribing, the CLIENT accepts the receipt of surprise boxes, so DIETBOX is not responsible for whether the products contained within the box match the preferences of the CLIENT or not, and the box cannot be returned for this reason.
Likewise, DIETBOX is not responsible for typographical, grammatical, or punctuation errors when filling out the forms.
For any clarification regarding these general conditions or to make any claim related to your subscription, the CLIENT has at their disposal the following address:
DIETBOX
- c/ Tortosa 60, 08227 de Terrassa (Barcelona)
- Spain
- E-mail: hello@www.mydietbox.com
However, in case of defects and/or poor condition of the products, where there is direct responsibility on the part of DIETBOX, the CLIENT has the right to repair or replacement in accordance with the current regulations of the General Law for the Defense of Consumers and Users.
11. VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTING OF THE CONTRACT
The fact of following all the steps described in point 9 electronically for the purchase process by the CLIENT implies the full and express acceptance of these general terms and conditions of contract, understood to be sufficient for contracting.
The contract will be perfected from the date on which the CLIENT makes the payment for the first month.
12. PARTIAL NULLITY
If any part of these service conditions were contrary to law and, therefore, invalid, this will not affect the other provisions in accordance with the law. The parties undertake to renegotiate those parts of the service conditions that are null and void and to incorporate them into the rest of the service conditions.
13. APPLICABLE LAW AND JURISDICTION
For any litigious issue or one that concerns the SERVICE PROVIDER or any of those dependent on it, Spanish law will apply, with the Courts and Tribunals of Madrid (Spain) being competent to resolve all conflicts arising from or related to the use of this website.
To file complaints about the use of our services, you can contact us by email at: hello@www.mydietbox.com
—————- Website Terms of Use —————–
This website contains texts prepared for informational or educational purposes only, which may not reflect the current state of legislation or jurisprudence, and which refer to general situations, so its content should not necessarily be applied by the user to specific cases.
This website details the services offered by “DIETBOX”. Its use implies acceptance of the following conditions, declining to make any claim regarding them:
a) The use of this website is intended for adults.
b) “DIETBOX” may modify the content of the website, its services, rates, guarantees, etc., at any time and without prior notice.
c) “DIETBOX” may provide the user with links or other elements that allow access to other websites belonging to third parties. We do not commercialize the products and services of these linked pages, nor do we assume any responsibility for them, nor for the information contained therein, nor for their accuracy or legality, nor for any effects that may arise. In any case, “DIETBOX” declares that it will immediately remove any content that may contravene national or international legislation, morality, or public order, proceeding to the immediate removal of the redirection to said website, notifying the competent authorities of the content in question.
d) The prices indicated on the website, if any, will be valid except for typographical error, and are subject to change without prior notice.
e) It is not necessary to register on the website or provide any personal data to browse it.
f) “DIETBOX” cannot guarantee the uninterrupted or error-free operation of this website. Therefore, we are not responsible for any damage caused by the use of this site.
g) “DIETBOX” offers its services and products indefinitely, although it may suspend the provision of them, unilaterally and without prior notice.
h) “DIETBOX” will not be responsible for damages to itself or third parties caused by improper use of this website by the client.
i) The user agrees not to use this website or the services offered on it for activities contrary to law, public order, or these conditions.
j) “DIETBOX” is not responsible for viruses originating from telematic transmissions infiltrated by third parties generated with the purpose of obtaining negative results for a computer system.
k) “DIETBOX” is not responsible for the information and content stored, by way of example but not limited to, in forums, chats, blog generators, comments, social networks, or any other means that allow third parties to publish content independently on the provider’s website. However, and in compliance with the provisions of articles 11 and 16 of the LSSI-CE, “DIETBOX” makes itself available to all users, authorities, and security forces, actively collaborating in the withdrawal or, if applicable, blocking of all content that may affect or contravene national or international legislation, third-party rights, or morality and public order. If the user considers that there is any content on the website that could be classified as such, please notify the website administrator immediately.
l) This website has been reviewed and tested to ensure it works correctly. In principle, correct operation 365 days a year, 24 hours a day, can be guaranteed. However, “DIETBOX” does not rule out the possibility of certain programming errors or force majeure events, natural disasters, strikes, or similar circumstances that may make it impossible to access the website.
m) The opinions expressed therein do not necessarily reflect the views of “DIETBOX”. The content of the articles published on this website should not, under any circumstances, be considered a substitute for legal advice. The user should not act based on the information contained on this website without first seeking the appropriate professional advice.
In conclusion, the user is solely responsible for the use they make of the services, content, and links included on this website.
