Terms and conditions

1. GENERAL INFORMATION

The ownership of this website, https://vitalgrana.com, (hereinafter Website) holds: VITALGRANA POMEGRANATE SL, provided with CIF: B54512132 and registered in: Commercial Registry of Alicante with the following registry data: Volume 3477 Folio 17, Sheet A-122.645, and whose contact data are:

Address: 

• C / Extremadura nº 19, 03158 Catral (Alicante) 
• Telephone number: 965723737
• Contact fax: 966787045 
• Contact email: info@vitalgrana.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://vitalgrana .com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that VITALGRANA develops through the Website includes:

Sale of products derived from pomegranate, functional food, nutraceutical products and plant extracts.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookie policy , and the privacy policy of VITALGRANA. By using this Website or making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with everything This, you must not use this Website.

Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and/or uses the Website, since those that are in force at the moment in which the acquisition of products and/or services are requested will apply.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), that accept, since the navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

•     Make use of this Website only to make inquiries and purchases legally valid.
•     Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be annulled and the relevant authorities informed.
•     Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed primarily at Users resident in Spain. VITALGRANA does not ensure that the Website complies with the laws of other countries, either totally or partially. VITALGRANA declines all responsibility that may arise from said access.

The User may formalize, at his election, with VITALGRANA the contract for the sale of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The user can choose between several ways to send us his order:

- Through our online store at www.vitalgrana.com

- By telephone order (965723737)

- By email (info@vitalgrana.com)

The duly registered Users can buy on the Website by the established means and forms. You must follow the online purchase and/or acquisition procedure of https://vitalgrana.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Finalize purchase".

Likewise, the User must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that VITALGRANA has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.

Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User through the electronic mail, and where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from VITALGRANA using the contact spaces of the Website or through the contact information provided above.

The User acknowledges to be current about certain particular conditions of sale that concern the product and/or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive: name, price, components, weight, quantity, color, details of the products, or characteristics; and User acknowledges that the execution of the purchase order or acquisition materializes the complete acceptance of the particular conditions of sale applicable to each case.

VITALGRANA is the manufacturer of the products sold or that could be commercialized on the Website. Although VITALGRANA makes great efforts so that the information shown on the Website is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information from the one that appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

The communications, purchase orders and payments that take place during the transactions carried out on the Website may be archived and kept in the computerized records of VITALGRANA with the purpose of constituting a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons in with respect to the processing of personal data and the free circulation of these data (RGPD) and the rights that assist Users in accordance with the privacy policy of this Website. For more information on this issue you must go to Privacy Policy Data .

4. AVAILABILITY

All purchase orders received by VITALGRANA through the Website are subject to the availability of the products and not exist circumstance or cause of force majeure (clause nine of these Conditions) may affect the supply thereof and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, VITALGRANA undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be applicable in cases in which the rendering of a service becomes unrealizable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated.

However, and unless otherwise indicated, the prices of the items offered include shipping costs, which may be incurred. If this were not the case, the cost of the shipment will be added to the total amount due to the moment of handling the shipping procedure by the User, and where the User will consult the methods and shipping costs available and freely choose the one that best suits them.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, PayPal, Bank transfer and Cash on delivery.

VITALGRANA uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, VITALGRANA will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.

Once VITALGRANA receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the confirmation of delivery.

If the means of payment is Paypal, the charge will be made when VITALGRANA sends a confirmation of the purchase order or purchase of products and / or services to the User.

Purchase in which the User selects as a means of payment the bank transfer will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the system of payments used by VITALGRANA for the Website. When the system receives the transfer, the order will be prepared and managed for shipment. It will be essential to be able to manage the payment that in the concept expressly mentions the name and first surname of the user who has made the purchase of the product / s.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, VITALGRANA can not validate the order, which will be canceled.

The counter-payment option allows you to place the order without making any payment, having to pay for the product/service purchased at the same time that it is delivered through the transport agency. This option has a commission that will be added to the final amount of the purchase made.

In any case, by clicking "End purchase" the User confirms that the payment method used is the selected one.

6. DELIVERY

In the cases in which it is necessary to carry out the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain Peninsula.

Except in those cases in which there are unforeseen or extraordinary circumstances, the product/service purchased will be delivered within the term indicated on the Website, according to the shipping method selected by the User and, in any case, within a maximum period of 10 calendar days from the date of the order confirmation.

If for any reason (attributable to you) VITALGRANA could not comply with the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on workdays.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact VITALGRANA to arrange delivery another day.

APPROXIMATE DELIVERY PERIODS

•     Peninsula: 1-2 business days
•     Portugal: 1-2 business days
•     Andorra: 1-2 business days

If you place your order before 12:00 hours (working days), we will process it that same day. If not, it will be managed the next day.

HOME DELIVERY

The transport service is door to door.

In the event that 10 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to VITALGRANA, VITALGRANA will understand that the User wishes to withdraw the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of shipping costs, without undue delay and, in any case, within a maximum period of 14 calendar days from the termination of the contract.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.

PACKAGING

The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when VITALGRANA receives full payment of all amounts owed in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery.

OBSERVATIONS

The merchandise received must be reviewed by the customer at the same time that the transport agency makes the delivery. In case of receiving the goods in poor condition, it must be reflected on the delivery note that is signed to the carrier as "APPARENT DAMAGES". We would also ask that you inform us within 24 hours of the email info@vitalgrana.com

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting VITALGRANA through the contact spaces enabled. on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on " Finish purchase", has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically , the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).

8. RETURNS

Users are assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the VITALGRANA Website.

To exercise this right of withdrawal, the User must notify his decision to VITALGRANA. You may do so, where appropriate, through the contact spaces enabled on the Website or through:

VITALGRANA POMEGRANATE SL 
CIF: B54512132 
C / Extremadura nº 19, 03158 Catral (Alicante) 
Telephone number: 965723737

Contact fax: 966787045 
Contact email: info@vitalgrana.com

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. 

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.

In case of withdrawal, VITALGRANA will reimburse the User for all payments received, except shipping costs, without any undue delay and, in any case, no later than 14 work days from the date on which VITALGRANA is informed of the decision to desist by the User.

VITALGRANA will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, VITALGRANA may withhold said reimbursement until it has received the products or articles of the purchase.

The User may return or send the products to VITALGRANA in:

VITALGRANA POMEGRANATE SL 
CIF: B54512132 
C / Extremadura nº 19, 03158 Catral (Alicante) 
Telephone number: 965723737

Contact fax: 966787045 
Contact email: info@vitalgrana.com

And it must do so without undue delay and, in any case, no later than within 5 work days from the date on which VITALGRANA was informed of the decision to withdraw.

The User acknowledges that they must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.Enunciatively, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.

In any case, no refund will be made if the product has been unsealed from its packaging.

Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or error in shipping

If User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, the User should contact VITALGRANA immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or the replacement have been admitted.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

The defect that could be considered as an object of substitution or reimbursement would consist of:

a)      Breakage of the containers as a consequence of the transport of the order.

b)      Organoleptic alterations of the product.

In both cases the consumer/user must send an email within 24 hours from the receipt of the package to info@vitalgrana.com where the defect of the product is reported and accompanied by a photo / s o (where we can check the lot number of the product) so that our Quality Department can review your request as soon as possible.

The user/consumer is informed that the juice marketed in our online store is 100% natural, without any type of dyes, which is why it may suffer color variations. This means that the color may be different to the image of the product on our Website, and there will be no reason to proceed with its return, unless it is within the circumstances provided in the right of withdrawal (clause 8).

In any case, it will always be the rights recognized in the current legislation at all times for the User/Consumer.

Guarantee

The User, as consumer and user, has guarantees regarding the products that may be acquired through this Website, under the terms legally established for each type of product, VITALGRANA responding, therefore, for the lack of conformity of the same that is manifested in a term of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by VITALGRANA and have the qualities presented in it; be suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, this must proceed as indicated in the section Return of defective products or error in the shipment.

The warranty covers only manufacturing defects of the products, not covering problems arising from installation or misuse.

In any case the user/consumer is informed that the product of the juice marketed on our Website must be stored in a cool place, without exposure to sunlight. In addition, once opened, it should be kept refrigerated and consumed within a maximum period of 5-6 days.

Any defect that conforms to the warranty and that causes a repair or replacement of the product must be authorized by VITALGRANA. To do this, the client must request VITALGRANA through our email (info@vitalgrana.com), or telephone (965723737) an authorization number indicating the reason for the return and the invoice number.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, VITALGRANA will not accept any responsibility for the following losses, regardless of their origin:

•     any losses that were not attributable to any breach on your part;
•     business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of any other indirect loss that was not reasonably foreseeable by both parties at the time when the contract for the sale of the products between both parties was formalized.

Likewise, VITALGRANA also limits its responsibility in the following cases:

•     VITALGRANA applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
•     VITALGRANA will act with the utmost diligence to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
•     Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. VITALGRANA puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however it is exempted from liability for causes that are not attributable to it, fortuitous event or force majeure.
•     VITALGRANA will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, VITALGRANA will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
•     In general, VITALGRANA will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond its reasonable control, that is to say, that they are due to force majeure, and This may include, but not limited to:

oStrikes, lockouts or other industrial action.

oCivil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

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

oImpossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.

oInability to use public or private telecommunication systems.

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

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and VITALGRANA will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. VITALGRANA will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with VITALGRANA are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that VITALGRANA sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with VITALGRANA through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, VITALGRANA can contact and/or notify the User in his or her email address or in the postal address provided.

11. WAIVER

No resignation of VITALGRANA to a specific right or legal action or lack of requirement by VITALGRANA of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exemption the User of the fulfillment of his obligations.

No waiver of VITALGRANA to any of these Conditions or the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and VITALGRANA in relation to the object of sale and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.

The User and VITALGRANA acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to VITALGRANA in the course of a transaction on the Website, will be treated in accordance with Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and/or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales agreements between VITALGRANA and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send VITALGRANA his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, VITALGRANA has official complaint forms available to consumers and users, and they can request VITALGRANA at any time, using the contact information provided at the beginning of these Conditions (General Information).

Last modified: June 8, 2018