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GENERAL CONDITIONS OF SALE

1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE:

This website www.ProResolveSPMs.eu (hereinafter “ Website ”) is operated by:

AZUR GLOBAL NUTRITION EUROPE SL

REGISTERED OFFICE:

Avd. of the Spanish Transition, 24, 28108, Alcobendas

NIF:

B84997063

CONTACT:

PHONE:

918060477

E-MAIL:

ProResolveEU@azur-gn.com

PUBLIC REGISTER:

Volume: 23951

Folio: 117

Sheet: M-430086

This document establishes the terms and conditions governing the purchase of the products and services offered through the Website owned by AZUR GLOBAL NUTRITION EUROPE SL (hereinafter, "THE COMPANY") (hereinafter, the "General Conditions of Sale" or "CGV").

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:

By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you are placing an order on behalf of a legal entity, you declare that you have sufficient capacity to represent that legal entity and to accept these Terms and Conditions.

Likewise, from the moment you place your order, by checking the boxes provided on the purchase form, you accept and agree to comply with these terms and conditions without reservation. These GTCs supersede any previous terms and conditions contained in any other document.

Therefore, please read these Terms and Conditions carefully before placing an order through the Website.

The purchase will be deemed to have been made at THE COMPANY's registered office, indicated in the previous section.

THE COMPANY reserves the right to revise and modify these Terms and Conditions at any time and without prior notice. However, such changes will not affect orders placed prior to the corresponding modification.


3. PERSONAL DATA:

The information or personal data that you provide us will be treated in accordance with the provisions of the Privacy Policy included on this Website. By using this Website, you declare that the information and data provided are true, accurate, and true to life.


4. CORRECTION OF ERRORS IN DATA ENTRY:

The information or personal data provided during registration on the Website, or during the purchasing process, may be corrected at any time through your customer profile or through our Customer Service. If payment has already been made and any information needs to be changed at a later date, please contact our Customer Service.


5. PURCHASE PROCESS:

The purchasing process will be conducted entirely in Spanish and consists of several steps, summarized below:

a. Start of the purchasing process:
To purchase any of our products, simply select the item you want from those offered on the website and add it to your cart.
You also have the option to register on the Website. To do so, you will need to provide, among other things, the following information: your name or company name, address, and email address, which must always be true and accurate. Upon registration, you will be provided with a username and password (the " Credentials ") to access your personal account on the Website. You can modify these details at any time by accessing your account. To complete the registration, you must accept our " Privacy Policy " and our " Terms and Conditions of Use of the Website."

b. Formalization of the Order:
Once you have added all the products you want to your cart, you will be able to view it and check all the items you have added. The second step to complete the order is to enter your personal information on the purchase form to process the shipping and billing of your products. To do this, you will need to provide, among other things, your name or company name, address, and email address, all of which must be true and accurate.
Once you have entered all the information into the purchase form, selected the desired shipping and payment methods, and verified that the products added are correct, you will need to read and accept our "Privacy Policy," our "Website Terms and Conditions of Use," and these "General Conditions of Sale."
Once you have entered all billing and shipping information and made payment, you will be notified of all order details (including an order number [the "Order Number"]). Please note that the Order Number is provided for reference purposes only and does not constitute confirmation by THE COMPANY of acceptance of the order.
Placing an order means making an offer to purchase the products selected and included in the shopping cart in accordance with these terms and conditions. THE COMPANY reserves the right to accept such offer at its sole discretion, and may accept it only in part. If the COMPANY does not accept it for any reason, THE COMPANY will attempt to contact you by email, telephone, or postal mail and will refund any amount you may have paid.

c. Order Confirmation:
If THE COMPANY accepts your order and has verified the availability of the requested product and payment, it will notify you by sending an order confirmation (the "Order Confirmation"). This Order Confirmation will be sent by email and will be effective from the date of dispatch.

d. Shipping and delivery of the order:

a. Shipping:
Once the Order Confirmation has been received, THE COMPANY will send the product or products purchased through the Website to the postal address indicated on the order form. This address cannot be a PO Box or public place, such as public roads, squares, stations, airports, or similar locations.
All orders are subject to product availability. If there are any difficulties with product supply or if items are out of stock, we will refund any amount you may have paid.
Additionally, the items offered through this Website are available for shipping to Spain (except the Canary Islands, Ceuta, and Melilla).
b. Delivery:
Upon confirmation of the order, delivery will take place within the following timeframes:
  • Peninsula and Balearic Islands: between 3 and 5 business days

Delivery will be made to the postal address you provided in your order details, unless there is a case of force majeure. The delivery note will be sent along with the Product(s).
If delivery is not possible, the logistics operator or THE COMPANY will contact you to arrange for the delivery or collection of the products again.
The risk of the product will be yours from the moment of delivery, and from that moment on, you will be solely responsible for it. Notwithstanding the foregoing, and despite having delivered the product, you will not acquire full ownership of the product until THE COMPANY receives full payment of all amounts due in relation to the product, including any applicable shipping costs.



6. PRICE, PAYMENT METHODS AND BILLING:

a. Price:
All prices are in EUROS. Prices will be those published on the Website at the time you placed your order.
All prices include Value Added Tax (VAT) in accordance with current legislation. However, depending on the shipping territory, shipping and order processing costs and taxes are excluded. These, if applicable, will be reported and added to the final price.
Prices may change at any time, although any changes will not affect orders for which we have already sent you an Order Confirmation.

b. Payment Methods:
THE COMPANY, through the Website, accepts the following payment methods:

- Credit/Debit Card:

You can pay using Visa, MasterCard, and American Express debit or credit cards.

Your credit card information is sent directly to the corresponding payment gateway for settlement with your bank. The website is certified with SSL (Secure Sockets Layer), a global security standard that ensures that data transmission between the sender and recipient systems is encrypted.

No one at THE COMPANY can access your credit card information, either during or after payment.

You'll receive a charge from THE COMPANY on your bank statement. If your bank authorizes payment with your card, we'll process your order.

c. Billing:
If you require an invoice, you expressly authorize THE COMPANY to issue an electronic invoice. It will be sent to the email address you provided when registering on our website or during the purchase process, and will be sent in Spanish. You may inform us at any time of your desire to receive a paper invoice, in which case we will issue and send the invoice in that format.
The electronic invoice will be archived on our servers for 5 years, counting from the moment it was sent to you by email. You can request it, for example, through our customer service department if it is lost.

 
7. LEGAL GUARANTEE:

As a consumer, you have the right to be protected for a period of time against existing defects or lack of conformity with the products:

This mandatory guarantee implies a series of rights that you can exercise:

Repair

Substitution

Price reduction

Termination of the contract

 

- Repair and replacement:

    If the product has defects or does not conform to the one you purchased, you can choose between the repair wave Replacement , provided that one of these two options is not objectively impossible or disproportionate, or cannot be implemented due to the characteristics of the products. Due to the characteristics of the products offered on our website, repair of the product will not be a viable option. The replacement option, on the other hand, will have the following characteristics:

    • Substitution:
      • You will not be able to choose replacement for non-fungible products (non-replaceable because they are unique) or for second-hand products.
      • It will be free of charge, as will any costs associated with it, especially shipping costs, labor costs, and materials.
      • It will be carried out within a reasonable timeframe and without major inconvenience, taking into account the nature of the products and their purpose.
      • Once you request a replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty period; it continues with the original one.
      • If the new product is still not as compliant as the original purchase, you can choose between repair (unless this is disproportionate), a price reduction, or termination of the contract (both explained below).

    When you return the product to us for replacement, we'll provide you with a receipt detailing the delivery date and the defect. When we deliver the new product to you, we'll provide you with another receipt detailing the delivery date.

    - Price Reduction and Termination of Contract:

    • Price reduction
      • You may exercise this right when you cannot choose repair or replacement, and in cases where these have not been carried out within a reasonable timeframe and without major inconvenience.
      • It will be proportional to the difference between the value of the non-defective product or the one that conforms to the one purchased and the value of the defective product or the one that does not conform to the one purchased.

    • Termination of the contract
      • You will not be able to exercise this right if the lack of conformity is of minor importance.
      • For all other cases, you may exercise your right to repair or replacement if you cannot choose, and for cases where repair or replacement has not been carried out within a reasonable timeframe and without major inconvenience.


    How long do I have these rights?

    New products: 2 years from the date indicated on the invoice or purchase receipt, or on the delivery note if dated later. You must always consider the characteristics and nature of the products offered, as well as their expiration date, which determines the maximum date for optimal consumption and to preserve all their properties and characteristics.

    How do I exercise them?

    You should contact us via the following email address: ProResolveEU@azur-gn.com or by calling 976 866 314, where we will tell you how to proceed.

    Please note that:

    You must inform us of the defect or lack of conformity in the period of 2 months as soon as you become aware of it , as you will be liable for any damages caused to us by the delay in your communication. However, you retain the rights mentioned above.

    It is understood that the product does not present a defect or is in conformity with the purchased product, provided that:

    • It fits the description made by THE COMPANY and possesses the qualities indicated on this Website.
    • Be suitable for the uses to which products of the same type are ordinarily intended.
    • And, it presents the quality and performance that is typical of a product of the same type and that is reasonably expected, taking into account the nature of the product and, where applicable, any public statements we may have made about the specific characteristics of the products.

    8. LEGAL RIGHT OF WITHDRAWAL:

    In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, " Royal Decree 1/2007 "), if you have the status of consumer, as such term is defined in the aforementioned law, you will have the right to withdraw from the purchase within a period of 14 calendar days from receipt of the products subject to the purchase and sale without the need to justify your decision and without penalty of any kind, unless the purchase refers to any of the products and / or services excluded by Royal Decree 1/2007, among which are:

    - The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.


    In the case of products offered on our website, it is important that for health and hygiene reasons they are returned in a manner that guarantees such conditions. Therefore, you may exercise your right of withdrawal as follows:

    How do I exercise my right?

    • You must notify us of your decision to withdraw from the purchase agreement by means of an unequivocal declaration sent by email to ProResolveEU@azur-gn.com or by post to Avd. de la Transición Española, 24, 28108, Alcobendas, stating your contact details, order reference, delivery date and a photocopy of your ID/NIF. To this end, you may use this form. withdrawal form .
    • THE COMPANY will contact you to coordinate the return of the items subject to withdrawal.


    To comply with the withdrawal deadline, it is sufficient for the communication regarding the exercise of the aforementioned right to be sent before the corresponding deadline expires.

    In the event of withdrawal in accordance with this Clause, THE COMPANY will refund all payments received in connection with the purchase subject to withdrawal, including any delivery costs you may have paid for the cheapest shipping option offered, no later than 14 days after THE COMPANY receives the aforementioned notification. However, the costs of returning the products to our facilities will be borne by you.

    THE COMPANY may make said refund using the same payment method you used for the initial purchase transaction, unless another payment method is expressly agreed upon. Notwithstanding the foregoing, THE COMPANY may withhold the refund until it has received the goods purchased or until you have presented proof of their return, whichever condition is met first.

    Items must be in perfect condition as shipped, with the appropriate label and seal, ensuring they do not pose a health risk once returned. They must be returned in packaging that adequately protects them during transit.

    No refund will be issued if the product has been used or tampered with, if it has been damaged in any way, or if the product is not returned with the original seal that preserves its health and hygiene.


    9. CUSTOMER SERVICE:

    In any case, for any incident or complaint, you can send an email to ProResolveEU@azur-gn.com or call the toll-free number 976 866 314. We will respond within 24/48 hours (working days). As a consumer, you can request complaint forms at THE COMPANY's registered office.



    10. COMPANY RESPONSIBILITY:

    THE COMPANY shall not be liable for (i) any losses which are not attributable to any breach on its part, (ii) any business losses (including loss of profits, income, benefits, contracts, data or unnecessary expenses incurred) (iii) any indirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was entered into.

    Nothing in these terms limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.

    Likewise, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

    Please note that this does not affect your statutory rights as a consumer under Royal Decree 1/2007, nor does it affect your right to return products in accordance with Clause 8.


    11. WRITTEN COMMUNICATIONS:

    Applicable regulations require that some of the information or communications we send you be in writing. By using this Website, you agree that most of these communications with THE COMPANY will be electronic. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that THE COMPANY sends to you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.


    12. NOTIFICATIONS:

    Notifications you send to THE COMPANY should preferably be sent through our email address. ProResolveEU@azur-gn.com . In accordance with the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send you communications either by email or to the postal address you provide when placing an order.

    Notifications will be deemed to have been received and properly served 24 hours after an email is sent, or 3 days after the postage date of any letter. To prove service, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered to the post office or postbox, and, in the case of an email, that it was sent to the email address you specified when placing your order.


    13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

    In the event of a purchase through this Website, these Terms and Conditions are binding on both you and THE COMPANY, as well as on their respective successors, assignees, and legal representatives.

    You may not transfer, assign, encumber, or otherwise transfer your contractual position or any of the rights or obligations arising therefrom to yourself or for yourself without obtaining THE COMPANY's prior written consent.


    14. ONLINE DISPUTE RESOLUTION PLATFORM:

    In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have a Online Dispute Resolution Platform, which can be accessed from the following link:

    https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

    Through this link, Website users can access the European Online Dispute Resolution Platform. If you have experienced a problem with an online purchase or service, you may use this means to file any complaint related to said purchase or service, as well as opt for an out-of-court resolution of the dispute.

    A shortcut has been established in the “footer” or footer of the website to allow easy access by consumers to said platform.


    15. PARTIAL NULLITY:

    If any of these GTCs are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, unaffected by said declaration of nullity, and the null or inapplicable clause will be replaced by another that is as similar to the previous one as possible.


    16. FORCE MAJEURE:

    Neither you nor THE COMPANY will be liable for any failure to comply with these GTC resulting from a force majeure event beyond your control. Force majeure shall mean any act, event, failure to perform, omission, or accident beyond your reasonable control, including, but not limited to, strikes, lockouts, or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, inability to use trains, ships, aircraft, motor transport, or other means of transport, among others.

    It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the period to fulfill said obligations for a period of time equal to the duration of the cause of force majeure.


    17. APPLICABLE LEGISLATION AND JURISDICTION:

    The contract for the purchase of products through this Website shall be governed by Spanish law. Any dispute arising from or related to the use of the Website or this contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, with jurisdiction over the court or tribunal that corresponds to the applicable law.

    Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect any rights you may have as such under current legislation.