General Conditions

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General Conditions of Use & Contract for the online purchase of products marketed by INFISPORT^®
(INSTITUTO DE FISIOLOGIA DEL DEPORTE, S.L.)

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These General Terms and Conditions are established to regulate the relationship between the company INSTITUTO DE FISIOLOGIA DEL DEPORTE, S.L. (hereinafter INFISPORT^®) and you (hereinafter the Customer), regarding all the commercial transactions made through our online store, property of the INSTITUTO DE FISIOLOGIA DEL DEPORTE, S.L., with registered address at Castellón de la Plana, Post Code 12006, Polígono Industrial San Lorenzo, nave G2, with Tax ID number: B-12404471, Inscribed in the Mercantile Registry of Castellón, Volume 787, sheet 8, page CS-9722, Inscription 1. (Please consult our legal information here).

INFISPORT^® reserves the right to make, at any time and without prior notification, any changes it considers appropriate, allowing it to update products and services shown on its web page on a daily basis.

The prices applicable to each product are those indicated on the website and all prices include Value Added Tax (VAT).

INFISPORT^® offers accurate marketing information. This information may at times contain typographical errors. In such cases, they will be corrected as soon as possible. In the event that such an error occurs with the prices and a customer may have made the decision to purchase based on the erroneous price, the company will inform the customer straight away and the customer will have the opportunity to cancel the purchase.

Sales System:

These general terms and conditions govern the commercial relationship which arises through our online sales system, available at the website WWW.INFISPORT.COM/SHOP.

INFISPORT^® may change these Sales Terms and Conditions without prior notice through the publication of a modified Sales Terms and Conditions document on its Platform. The Sales Terms and Conditions published on its Platform at the time the customer makes a purchase will be those applied to that purchase. Please read these Terms and Conditions carefully and check that your order details are complete and correct before confirming your order. If you believe there has been an error, please contact us at the following email address: atencionalcliente@infisport.com .

Your data and visits to our platform:

The information and personal data you provide us with will be processed in accordance with the regulations established in the Data Protection Policies. When you use this web page, you consent to the processing of this information and data and declare that all the information and data you have provided is correct and true.

Use of the platform and requirements for making orders through the platform:

When you make an order through this web page, you declare that you are over 18 and have the legal capacity to enter into a contract with us.

You commit to making use of this web page solely for consultation of our products or to make legally valid orders. If we have reasonable reason to believe that you have made a false or fraudulent order, we are authorized to cancel it and inform the relevant authorities.

To make orders and/or queries, you must give us your email address, postal address and/or other contact details, ensuring they are correct and up-to-date.

In addition, you consent to us using this information to contact you if it is necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to carry out your request.

How to make an order:

We need an email address for you to make an order. It is also possible that you may have to configure your browser to accept the cookies and pop-up windows (functional) so you can access all the functional areas of the Platform. This includes adding articles to your basket and confirming your order. (For more information, see our cookies policy).

When you confirm an order, we will send you an email with confirmation of your order. At this point, the contract which is generated through these Terms and Conditions of use and contract for online purchases comes into effect and is binding between us (the ‘Contract’). We recommend you print off or download a copy of these Terms and Conditions and your order confirmation for future reference. If we cannot provide you with the product, we will inform you in writing and we will not process the order.

Product availability:

The fulfilment of all the orders on the Platform is subject to availability. If there were to be difficulties regarding the supply of products or if no products remaining in stock, we will reimburse any amount that you may have paid.

Verification of data:

When you send us your order, we may perform checks before it is processed. These checks may include verifying your address and taking other fraud control measures. We make partially automated checks on all purchases to filter unusual or suspicious transactions, or transactions which may be identified as susceptible to fraud. Any suspicions of fraudulent use on the Platform will be investigated and, if necessary, pursued.

Form of payment:

For online purchases through the INFISPORT^® store, we can accept credit card and Bizum payments.

Information. Payments made through this gateway with measures taken to ensure that the recipient does not receive sensitive financial data, such as your credit card number or bank account number.

Once you have made the order, the program will automatically take you to the secure payment gateway, where you can insert your card or telephone number details.

Credit card fraud is a crime and INFISPORT^® will take legal action against anybody who makes a fraudulent transaction through our store.

In addition, we inform you that the billing details will only be used for the shipping of the product or products purchased. This information will not be used for marketing purposes or shared with third parties.

Conditions of shipping and delivery:

INFISPORT^® sends all orders to its customers via post or courier service. The delivery date for when the customer receives the merchandise at home depends on the product selected and the delivery area. On the purchase form itself, you can find out about delivery costs before you confirm your order.

Delivery times can be affected by unforeseen circumstances in transport and difficulty in delivering the merchandise.

When certain and exceptional circumstances arise, a delivery may have a superior cost to that generally established. INFISPORT^® will inform the customer and the customer will have the opportunity to cancel the delivery without incurring any additional cost.

Delivery is free of charge for orders equal to or above €25 when purchasing any of our products for delivery to the Spanish mainland. For the rest of deliveries, please see the following table:

Delivery method

 Courier service: The delivery will be made via courier service. If the recipient is not at the delivery address, the Courier will contact them via the telephone number given to arrange a second delivery date.

*For deliveries to the Balearic Islands, Canary Islands, Ceuta or Melilla, any possible customs delays will not count towards the established delivery time period. Any procedures or expenses related to these customs delays, in the case of the Canary Islands, are external to INFISPORT^®.

Delivery times

Inspection at the time of delivery:

When the product is delivered, check to see if there is any damage to the package. If you find that the products are damaged, please do not accept the delivery.

Transfer of risks and property:

Any risks regarding the products will be your responsibility from the moment of delivery. You become the owner of the products when we receive the complete payment for all the quantities owed which correspond to the products, including delivery costs. This may also occur at the time of delivery, if this happened to occur at a later time.

Reimbursements will be made via the same credit card you used when you made the purchase.

Events beyond our control:

An Event Beyond Our Control means any act or event which is beyond our reasonable control, including but not limited to strikes, blockades and any other third-party industrial action, civil unrest, disturbances, invasion, terrorist attack or terrorist threat, war (declared or not) or onset or preparation for war, fire, explosion, storm, floods, earthquake, landslides, epidemics or any other natural disaster or faults with public or private telecommunication networks.

If an Event Beyond Our Control occurs which affects the fulfilment of our obligations under these Sales Terms and Conditions:

- We will contact you as soon as possible to inform you and to solve the incident.

- Our obligations under these general Terms and Conditions will be suspended and the time period for the fulfilment of our obligations will be extended for the duration of the Event Beyond Our Control.

If the Event Beyond Our Control affects the delivery of products, we will arrange a new delivery date with you once the Event Beyond Our Control has finished. You may cancel the contract if an Event Beyond Our Control occurs and you do not wish for us to provide you with the products. Please see your rights to cancellation in the Cancellation section above.

Price and Payment:

The prices on the web page include VAT, but do not include delivery costs. These will be added to the total amount due, as established in the shipping and delivery Terms and Conditions. The prices may change at any time, but these possible changes will not affect the orders for which you have already received an Order Confirmation.

Value added tax and invoicing:

In accordance with the provisions of article 68 of the Law 37/1992, of 28 December, regarding Value Added Tax (or regulations which replace it), the delivery of the articles are understood to fall within the area in which Spanish VAT is applied if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The type of VAT applicable will be that which is currently in force at each moment depending on the relevant article of the law. For deliveries to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT due to the application of the provisions of article 21 of the Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs which are applicable through current legislation in each of these territories. You expressly authorise us to issue an invoice in electronic format, although you can inform us of your desire at any time to receive a paper invoice. In which case, we will issue or reissue the invoice in this format.

Cancellation and returns policy. Right to cancel:

If you are entering into a contract as a consumer and user, you have the right to withdraw from the current contract within the space of 14 calendar days with no requirements to justify any reasons why.

The time period for cancellation will expire 14 calendar days after the date that you, or a third party chosen by you (excluding the transport company) acquires possession of the merchandise. In the case that the articles which make up your order are delivered separately, it is 14 calendar days from the day that you, or a third party chosen by you (excluding the transport company) acquires possession of the final delivery of this merchandise.

To exercise your right to cancel, please inform INFISPORT^®, at the registered address at Castellón de la Plana, Post Code 12006, Polígono Industrial San Lorenzo, nave G2, or by telephone by calling our customer service line 964 251 234, or by writing an email to the following address atencionalciente@infisport.com, informing us of your decision to cancel the contract via an unequivocal statement (for example, a letter sent by post or email).

To fulfil the cancellation period, it is sufficient for the corresponding notification regarding the transaction to be sent by you before the period in question is lapsed.

In the event of cancellation on your part, we will return any payment received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different transport option compared to the cheapest ordinary transport service we offer) with no undue delay and, in any case, at the latest, 14 calendar days from the date you inform us of your decision to cancel the present contract. We will proceed to make this reimbursement using the same payment method you used in the initial transaction. You will not incur any cost resulting from this reimbursement.

However, we may retain the reimbursement until we have received the merchandise, or until you have issued proof of return of the merchandise, whichever comes first.

You must return the products without undue delay and, in any case, within a maximum period of 14 calendar days from the date in which you inform us of your decision to cancel the contract. You must assume the direct cost of the return of the merchandise.

As the products offered on our web page are nutritional products which are sealed for health protection reasons, we inform you of the special provisions provided for in section e) of article 103 of the Consumer Protection Act. This states that it will not be possible to cancel products acquired by you if they are not suitable to be returned for health protection or hygiene reasons or their seal has been broken after delivery.

In addition to the right to cancel, you also have the possibility of cancelling an order you have made. Customers have a period of two hours from making the online order to cancel it. To do this, you must contact the cancellations department, by calling the telephone number 964 251 234, within the established time period of two hours, starting from the moment you confirm the purchase. Once the order cancellation has been confirmed, we will send you an email confirming the cancellation free of charge. It is possible that your payment company may temporarily retain the amount of the cancelled transaction. However, INFISPORT^® will not charge your bank account once the order cancellation has been confirmed.

In the cases in which the reason for return is because you believe that, at the time of delivery, the product does not resemble what was established in the contract, you must contact us immediately by sending an email to atencionalcliente@infisport.com or by calling our telephone number 964 251 234, giving us the product details as well as the damage it has suffered. We will then inform you on how to proceed.

We will examine the returned product carefully and will inform you by email within a reasonable time period if reimbursement is to be made or, where necessary, the product will be replaced. Reimbursement or replacement of the article will be carried out as soon as possible and, in any case, within 14 days from the date we send you an email confirming that we are going to proceed with the reimbursement or replacement of the unsuitable article.

The quantities paid for those products which have been returned due to any defects or damage, when this has been checked, will be fully reimbursed, including any transport costs incurred in the delivery of the article and any costs you may have incurred in returning it to us. The reimbursement will be made via the same payment method you used when you made the purchase.

In all cases, all rights recognised by current legislation, are protected.

INFISPORT^® guarantee:

INFISPORT^® SHOP guarantees that its products are of the highest quality, are original and come from our central facilities. The defects or imperfections which may occur due to incorrect use or handling of the material are not included in this guarantee.

It is understood that the products conform to the contract so long as:

- They meet the description offered by us and have the qualities that we have advertised on our web page.

- They are suitable for the use which is ordinarily given to products of a similar type

- They have the normal quality and features expected of a product of the same type.

In this regard, if any of the products do not conform to the contract, you must inform us by following the procedure detailed in the section above and via any of the communication methods provided for this purpose.

Written communication:

The applicable legislation requires that part of the information or communications we send you to be in writing. Through the use of this web page, you accept that most of this communication with us will be in electronic form. We will contact you by email or provide you with information by posting notices on this web page. For contract purposes, you consent to the use of this electronic means of communication and accept that any contract, notification, information or other communication we may send you in electronic form complies with the legal requirements by being in writing. This condition will not affect your rights recognised by law.

Transfer of rights and obligations:

The contract is binding between us, as well as our respective heirs, successors and assigns. You may not transfer, transmit, levy or transfer in any way a contract or any of the rights or obligations deriving from this contract, without having obtained our prior consent in writing. We may transmit, transfer, subcontract or transfer in any other way a contract or any of the rights or obligations deriving from this contract, at any time during its validity. To avoid any confusion, these transfers, transmissions, levies or other transfers will not affect the rights which, in your case, you as a consumer are entitled to by law, nor will they cancel, reduce or limit in any way the guarantees, both express and tacit, which we may have granted you.

Waiver:

The lack of requirement on our part for you to strictly fulfil any of the obligations assumed by you with regard to a contract or these Terms and Conditions or the failure of us to exercise any of the rights or actions which may correspond with regard to the aforementioned contract or the Terms and Conditions, will not imply the waiver or limitation of any of these rights or actions, nor will it exonerate you from fulfilling such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions deriving from the contract or from the Terms and Conditions.

No waiver on our part of any of the current Terms and Conditions or the rights or actions deriving from a contract will take effect, unless it is expressly established that it is a waiver and is formalised and communicated to you in writing in accordance with the provisions of the section on notifications above.

Partial Annulment:

If any of the present Terms and Conditions or any provision of a contract were to be declared null and void by firm resolution dictated by a competent body, the remaining terms and conditions will remain in force, without being affected by the aforementioned declaration of nullity.

Entire agreement:

The current Terms and Conditions and any document which refers expressly to them constitutes the entire agreement existing between us with regard to their content and replace any other prior agreement, pact or promise made between us, either verbally or in writing. Both parties accept that we have consented to entering into contracts without having relied on any statement or promise made by the other party or which may have been inferred from any statement or written communication in the negotiations between both parties prior to the contract, unless it expressly appears mentioned in these Terms and Conditions.

Applicable legislation and competent jurisdiction:

The use of our web page and purchase contracts of products through our web page will be governed by Spanish legislation.

Unless prohibited on the contrary, and without any limitation to the legal rights of consumers, you accept that all disputes, claims and legal procedures which arise directly or indirectly from the Platform will be individually resolved, without any recourse to any type of collective action, and will be dealt with exclusively in the relevant courts of the city of Castellón, Spain.

In the event that you have a claim to make, please contact us first through the contact page on our web page or by writing an email to: atencionalcliente@infisport.com.

In this regard, if the purchase between us has occurred online through our web page, in accordance with Regulation Number 524/2013 of the EU, we inform you that you have the right to request an out-of-court settlement from us of controversies regarding accessible consumption at the following Internet address http://ec.europa.eu/consumers/odr/

 

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