“This merchant agrees not to permit any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or adversely influence them. The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: Selling drugs.”
1. IDENTIFICATION
Owner: Phytogen Medical Foods SL (hereinafter Phytogen MF)
Registered Office: Alcala 75 – 3 izq, 28009, Spain
VAT NUMBER: B86364528
E-mail: info@phytogenmf.com
2. OBJECT
https://phytogenmf.com is a website owned by Phytogen MF, through which food supplements are offered for sale, subject to the particular conditions included in this document.
Phytogen MF reserves the right to carry out modifications and/or updates of the present conditions, of which the customer will be previously informed for acceptance or rejection in case they are substantial.
Once the user checks the corresponding box in the process, the user will accept these Terms and Conditions of Contract, declaring and acknowledging both parties their legal capacity to act, that the user is of legal age (>18 years of age), as well as that they have previously read and understood the contents of the same.
All communications with the end customer by Phytogen MF, including the sending of coupons issued by our platform and indispensable for the delivery of the purchased products, will be done electronically.
3. OPERATING CONDITIONS OF PHYTOGENMF.COM
3.1. PRODUCTS MARKETED
Pytogen MF provides its users with a platform from which they can purchase its products.
Under no circumstances will Phytogen MF carry out the promotion and/or commercialization of medicines, this being an activity that, in accordance with current regulations, can only be carried out by pharmaceutical establishments.
3.2. RECRUITMENT PROCEDURE
All users who wish to purchase any type of product through the website must follow the following procedure:
Once the customer has accessed the portal, he/she must select the products he/she wishes to purchase, and it is very important to review their description, as well as their characteristics, conditions, delivery terms and conditions, and final price before starting the purchase procedure.
The customer must then initiate the electronic purchase process by adding the product to the shopping cart, pressing the “Add to cart” button, and then proceeding to press the “Buy” button.
Once this has been done, the user will be able to access the detailed data of the order placed, in particular the shipping costs of each of the products in the shopping cart.
In order to personalize your purchase and have all the customer’s data to make the shipment, it is necessary that the customer fills in his real and truthful data in the form that will be shown.
Finally, the customer must enter the credit or debit card payment method. At no time will we act as a payment service provider nor will we have access to your bank details, these being directly managed by the corresponding banking entities in our payment gateway.
The customer will automatically receive from PHYTOGENMF.COM a confirmation e-mail describing the purchase made, as well as its characteristics. If you did not receive the confirmation email, please check your spam folder.
For all purposes, the purchase contract will be understood as signed between the user and Phytogen MF and perfected at the moment when the product actually purchased is delivered to the user at the address selected by the user.
3.3. PRODUCT DELIVERY PROCEDURE
The products purchased by the customer from the website will be delivered to the users at the address they indicate in the form for the purpose of the contracting procedure.
4. SHIPPING COSTS
Orders with shipping address Spain (excluding Canary Islands and Balearic Islands) and Portugal (excluding Azores Islands) will have a fixed shipping cost of 5,40€ + VAT.
Orders with shipping address Balearic Islands will have a fixed shipping cost of 10,00€ + VAT.
Orders with shipping address Canary Islands will have a fixed shipping cost of 11,50€ + VAT.
Orders with shipping address Azores Islands will have a fixed shipping cost of 12,00€.
Orders with shipping address outside the European Union will have a fixed shipping cost of 25,00€.
5. FREE SHIPPING
5.1. Spain and Portugal mainland
If you place an order and the sum of the amounts of the items is equal to or greater than 40 € (VAT included) with shipping address within the Iberian Peninsula, shipping costs will be free, with the mode of delivery from Monday to Friday.
5.2. Balearic Islands, Canary Islands and Azores Islands
Free shipments will be made if the sum of the amounts of the items is equal to or greater than 65 € (VAT included), with the mode of delivery from Monday to Friday.
5.3. Rest of Europe
If the sum of the amounts of the items is equal to or greater than 120 €, shipping costs will be free of charge, with delivery from Monday to Friday.
All prices on the website are inclusive of VAT or in case of not including it, the amount of tax is indicated separately.
6. DELIVERY TERMS
The usual delivery time is within 24/48 working hours* following the working day on which the order is placed, provided that the order is placed on working days from Monday to Friday. Orders placed after 18:00h or on weekends and holidays will always be counted as if they had been placed the next working day before 18:00h. In both cases, they will be delivered within a maximum of 2 working days after the date of the order, up to a maximum of 72 working hours in the case of the Balearic Islands. In the same way, the intermediate holidays to a delivery in those 24/48 working hours following the day in which the order is counted, will not be taken into account as there is no delivery or pick up service by the transport company and the term will jump to the next corresponding working day.
In case of stock shortage or supply delay, we will contact you to inform you of the delay in the delivery time or to make any changes at your convenience. If you are not satisfied with the new situation and would like to cancel your order before it is shipped, you will be refunded as soon as possible.
Likewise, we inform you that there are towns in which transport agencies do not deliver every working day, but only on certain days of the week, which may cause delays in delivery. In these cases Phytogen Medical Food, sl is not responsible for the possible delay in delivery time as it is beyond our control and the customer accepts this exceptional condition. In case of cancellation of an order for this reason, the conditions of the return policy for cancellation of the order will be applied, applying the consequent surcharges on the refund of the amount indicated therein.
6.1. Returns:
Given the characteristics of the product, it cannot be returned, for reasons of health protection or hygiene and that have been unsealed after delivery, as stated in Article 103 of the General Law for the Defense of Consumers and Users.
You may return your order if it is not in a suitable condition for use. To do so, you must inform us as soon as possible after receipt and send it to us within the first 7 calendar days by means of a postal service or transport agency of your choice, the costs of which shall be borne by you until the responsible laboratory verifies that the conditions of the product are not adequate. Otherwise, the return will not be accepted.
If the shipping agency returns a shipment to us because the maximum number of days that the package can be retained in the destination agency since the order leaves our facilities without being delivered or collected or because the recipient does not accept the shipment despite having been initially paid, the amount of the products of the order will be refunded by subtracting 4 € from the amount of the outbound shipping costs (whether or not there are any on the invoice) and will be further subtracted 5 € as compensation for the processing of the return shipment by the transport agency and the commission for the management of the return, refund or transfer.
In those orders in which the customer enters the wrong postal code, as this is the reference data when generating a shipping number with a specific destination franchise, and it is necessary to re-dispatch it to another franchise, the extra charge for this service will be the responsibility of the customer and not of Phytogen Medical Food, sl. This amount will depend on the weight of the package and will be notified by the shipping agency to be paid by the customer before being forwarded to the correct postal code for delivery. In the event that the recipient does not accept the shipment and the carrier returns the package to us, the amount of the products in the order will be refunded, WITHOUT the shipping costs if any, and 4 € will also be subtracted as compensation for the processing of the return shipment by the shipping agency.
Similarly, for telephone orders, it will be the customer’s responsibility to check in the order confirmation e-mail whether the ordered goods and all the delivery address and contact details are correct at the end of the call, informing immediately by e-mail or telephone any error made by the person who has placed the order on their behalf, otherwise the costs of returning or exchanging a product or reshipping the package due to an error in their order will be borne by the customer.
No refunds will be made unless previously communicated in writing to: info@phytogen.com. Once the return has been communicated and approved by the customer service department, you may send us the goods to be returned properly packaged and protected so that they are not damaged during the return, together with a letter inside, indicating the order or invoice number related to the products, to the following address:
7. ECONOMIC CONDITIONS
The price of the products marketed is indicated next to the descriptive card of each one of them, being used in all cases the official currency Euro (€).
7.1. PRICES
All the prices of the products are included together with the rest of the description of the products, being of public access, without the need to be registered as a user.
All prices shown are final prices, expressly including the Value Added Tax (VAT) applicable in Spain at the time of purchase, notwithstanding the fact that the user will have at all times detailed information on the price of the product.
7.2. CREDIT MEMO AND INVOICING
Once an order has been placed by the user and the corresponding payment has been made through any of the payment methods made available by Phytogen MF, the platform will send the end customer an email containing all the information related to the products purchased, their unit price, applicable taxes, as well as the total price of the purchase and the place of delivery.
In any case, the payment of economic amounts through the Internet will be made through the platform provided by an external financial institution, which in any case will be hosted on a website under SSL secure protocol. For identification purposes, please confirm that the web address of the page from which you are making the payment begins with https://.
8. CUSTOMER SERVICE
Phytogen MF, as responsible for the online platform in charge of the marketing and sale of the products, offers end customers a customer service in Spanish, available 5 days a week, from Monday to Friday, The contact channels made available are:
E-mail: info@phytogenmf.com
To ensure direct attention by the customer service department, in the event that a user has a complaint, he/she will be provided with an identification number and the proof of the complaint filed will be sent to his/her e-mail address.
Phytogen MF will respond to the complaints received in the shortest possible time and in any case within 1 month from the submission of the complaint.
9. APPLICABLE REGULATIONS
These conditions are expressly subject to the provisions of Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 of November 16, 2007, which approved the Law on Consumers and Users, Royal Decree 1906/1999 of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Law 7/1998, of April 13, 1998, on General Contracting Conditions, Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, Regulation (EU) 2016/679, General Data Protection and other legislation of a general nature or of subsidiary application in accordance with the basic principles of the Spanish legal system.
Notwithstanding the above and the default application of Spanish national regulations, as Phytogen MF is not an information society service provider that directs its services to a country other than Spain, in accordance with the provisions of the Directive and only in those cases in which it is mandatory, Phytogen MF will apply the particular conditions that may be applicable in the country of residence of the final consumer.
10. COMPETENT COURTS
These Terms and Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile. Likewise, as an entity adhered to Confianza Online and under the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to Confianza Online’s out-of-court dispute resolution system (www.confianzaonline.es).
In order to file complaints regarding the use of our services, the customer may contact us by mail to the electronic or physical address indicated in the “Identification” section, committing ourselves to seek at all times an amicable solution to the conflict.