Conditions of sale

Introduction

This contractual document will govern the General Terms and Conditions for the purchase of products (hereinafter, "Terms") through the website www.fortianutrition.com/es/, owned by NUTRITION CHEFS S.L. under the commercial name of FORTIA, hereinafter referred to as PROVIDER, whose contact details are also listed in the Legal Notice of this website.

These Terms will remain published on the website available for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by NUTRITION CHEFS S.L. It is the USER's responsibility to read them periodically, as the applicable Terms will be those in effect at the time of placing orders. NUTRITION CHEFS S.L. will archive the electronic document formalizing the purchase and will make it available to the USER upon request.

Contracts will not be subject to any formalities except those expressly indicated in the Civil and Commercial Codes and in this or other special laws.

By accepting this document, the USER:

• Has read, understands, and comprehends the information herein.
• Is a person with sufficient capacity to contract.
• Assumes all obligations set forth herein.

These conditions will have an indefinite validity period and will apply to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends products and reserves the right to unilaterally modify the conditions, without affecting goods or promotions acquired prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the products contracted by the USER is NUTRITION CHEFS S.L., with its registered office at AV/ ONZE DE SETEMBRE, 14 08415 BIGUES I RIELLS (Barcelona), NIF B63937528, and with a customer service phone number 667975499.

And on the other hand, the USER, registered on the website with a username and password, for which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

This contract aims to regulate the contractual relationship of sale arising between the PROVIDER and the USER when the latter accepts the corresponding checkbox during the online contracting process.

The sales contract involves the delivery, in exchange for a determined price publicly displayed on the website, of a specific product.

Correction of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email INFO@FORTIALABS.COM for NUTRITION CHEFS S.L. to correct it as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

The USER, to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of December 5 (LOPDGDD), relating to the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to use them diligently and not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that immediate blocking can be carried out.

Once the user account has been created, it is informed that according to Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. General offer information.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, charges, and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise agreed in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No provision made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until payment has been confirmed.

Shipments of goods will typically be made via EXPRESS COURIER (GLS, DHL, POSTAL EXPRESS, UPS, SEUR, etc.), depending on the destination freely designated by the USER.

Shipping will be carried out once the availability of the goods has been confirmed and payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination and the chosen payment method. The estimated shipping and delivery date will be provided before confirming the order.

Failure to perform the distance contract

If the contract cannot be executed because the product or service contracted is not available within the expected timeframe, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund without any cost, and without the PROVIDER being liable for any damages.

In case of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim double the amount owed, without prejudice to their right to compensation for damages exceeding that amount.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not occur due to the data provided by the USER being false, inaccurate, or incomplete.

Delivery will be considered made at the moment the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt.

The PROVIDER will be liable to the USER for any non-conformity present at the time of delivery, allowing the USER, through a simple declaration, to demand rectification of the non-conformity, a reduction in price, or the contract's resolution. In any of these cases, the USER may also seek compensation for damages, if applicable.

The USER will have the right to suspend payment of any pending part of the price of the purchased product until the PROVIDER fulfills its obligations under this contract.

The USER must inspect the products upon receipt and note any reservations and claims that may be justified in the delivery receipt.

If the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance about the procedure to follow for this download.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, starting from the date of receipt of the product or from the conclusion of the sales contract if it is a service, to exercise the right of withdrawal, regulated by Article 102 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to fulfill the duty of providing information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.

The right of withdrawal will not apply to contracts referred to and listed in Article 103 of RDL 1/2007, which can be found here.

All returns must be communicated to the PROVIDER by requesting a return number via the designated form or by email to INFO@FORTIALABS.COM, indicating the corresponding invoice or order number.

If the return is not made with the original delivery packaging, the PROVIDER may charge the USER a cost of 10€, informing them of this in advance through the same communication channel used.

Once the USER has received the return number, they must send the product to the PROVIDER, including this number in the shipping letter, with the shipping costs borne by the USER, to the address of NUTRITION CHEFS S.L., AV/ ONZE DE SETEMBRE, 14 08415 BIGUES I RIELLS (Barcelona).

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be addressed as soon as possible and can be made through the following contact details:

Postal: NUTRITION CHEFS S.L., AV/ ONZE DE SETEMBRE, 14 08415 BIGUES I RIELLS (Barcelona)

Phone: 667975499

Email: INFO@FORTIALABS.COM

Online Dispute Resolution (ODR)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called a dispute resolution body, which acts as an intermediary between both parties. This body is neutral and will communicate with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be held liable for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.

6. COMPETENCY

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected in any way, nor will they undergo any modification.

The USER declares that they have read, are aware of, and fully accept these Terms and Conditions.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Terms and Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of NUTRITION CHEFS S.L. or to what is stipulated here will have any effect unless expressly agreed upon in writing and signed by the PROVIDER. In this case, such specific agreements will prevail.

8. PRICE AND VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling fees, or any other additional services related to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER acknowledges that the economic value of some products may vary in real-time.

Before making the purchase, the USER can review all details of the order online: items, quantities, prices, availability, shipping costs, charges, discounts, taxes, and the total cost of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will remain unchanged, regardless of product availability.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name provided at the time of the order. This invoice will be sent in paper format along with the purchased product. The invoice can also be downloaded in PDF format by accessing the management panel on the website with the user account. If the USER wishes to receive it via email, they must request it through any of the means provided by the PROVIDER, and they are informed that they may revoke this decision at any time.

For any information regarding the order, the USER may contact the PROVIDER's customer service at 667975499 or via email at INFO@FORTIALABS.COM.

9. SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download services, or complementary services, unless expressly agreed otherwise in writing.

Shipping fees will be calculated at the time of saving the cart or order, as they are based on the weight of the products and the delivery address.

10. PAYMENT METHODS, FEES, AND DISCOUNTS

The PROVIDER is responsible for processing financial transactions and offers the following payment methods for an order:

• Credit card
• PayPal

The USER can use a discount coupon before completing the purchase if received from the PROVIDER.

Security measures

The website uses industry-standard information security techniques such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls.

The PROVIDER commits not to allow any transaction deemed illegal by credit card brands or the acquiring bank, and that may damage their goodwill or negatively influence them.

Under credit card program rules, the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In the cart, only items, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.

The cart is not administratively binding; it is simply a section where a budget can be simulated without any commitment from either party.

From the cart, an order can be placed by following these steps for proper processing:

1. Verify billing information.
2. Verify shipping address.
3. Select payment method.
4. Place the order (purchase).

Once the order is processed, the system will instantly send an email to the PROVIDER's management department and another to the USER's email confirming the order.

Orders (purchase requests)

Before confirming the order, information will be provided regarding the order status and the estimated shipping and/or delivery date.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be illegal, void, or unenforceable for any reason, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any legal provision, license, regulation, directive, code of practice, or applicable policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.

13. WARRANTIES AND RETURNS

The warranties will comply with the regulations set out in the section on "Warranties and After-Sales Services" of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here

If you want to customize this section, ensure that the wording complies with the provisions of the title on WARRANTIES AND AFTER-SALES SERVICES of the Royal Legislative Decree 1/2007.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed by or interpreted in accordance with Spanish law in matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place where the obligation is fulfilled, or where the property is located if it is immovable.