These General Conditions of Sale are established between:
1. On the one hand, Sociedad MCY Cosmetics, Tecnología y Distribución SLL, with address at Pol. Ind. Uranzandi Parcela1 Nave7 Asua Erandio (Bizkaia) Spain with CIF nº B-95796546. Registered in the Mercantile Registry of Madrid (hereinafter, MCY).
2. And, on the other hand, any person who places an order (hereinafter, the CLIENT).
The dispatch of orders will be made in the Peninsula and the Balearic Islands. We do not deliver in the Canary Islands, Ceuta and Melilla.
For orders / deliveries abroad, consult the website www.sportdrink.es, which will inform you of the commercial websites of MCY.
These conditions are applicable exclusively to consumers, without the resale of the purchased products being allowed in any case.
The execution of an order implies acceptance of these General Conditions of Sale by the CLIENT, as well as any other specified in the order itself.
Article 1 - Object
The purpose of these General Sales Conditions is to define the sales modalities between the CLIENT and MCY, from the execution of the order, delivery and payment, as well as after-sales service.
Article 2 - Order
The CLIENT can process your order through the following devices:
- Via telephone, through the number 946099050.
- Via Internet, through the website WWW.SPORTDRINK.ES, following the established procedure.
To process your order, the CLIENT must provide the personal data requested by any of the above procedures, unless you already have a customer number.
Once the basket is validated, the CUSTOMER must choose the address and mode of delivery, and validate the mode of payment, this last stage formalizing the sales contract with MCY.
The execution by the CUSTOMER of the order is equivalent to full and complete acceptance of the prices, the description of the products on sale and the General Conditions of Sale, as well as any other specified in the order itself.
All product orders are subject to their availability. In the event that there are difficulties in the supply of the selected product, MCYwill inform the CUSTOMER within a period not exceeding twenty days. You can also view the status of the articles in the client space available at WWW.SPORTDRINK.ES.
If there are difficulties in the supply of products or if there are no items in stock, MCY will reimburse the CLIENT any amount that may have been paid.
Article 3 - Delivery
The CUSTOMER can choose that the delivery is made in one of the following ways:
- Delivery at home: in the event that the CLIENT has provided MCY with a mobile phone number, he will receive an informative sms, indicating that the delivery will be made shortly. If you have not provided any mobile phone, the carrier will appear at the address indicated by the CLIENT. In case of absence of the CLIENT at the indicated address, the carrier will leave a notice, to make a second delivery. The form of payment and the additional cost of delivery through this mechanism will be indicated on the website.
- Pick-up at delivery points approved by MCY: the CUSTOMER can pick up his order at any delivery point of MCY. These are collection points, whose schedules are more flexible and which are located in the main cities of the country. The CLIENT may access the list of approved outlets at the time of formalizing their order.
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, MCY will send the order consisting of the related products / s in each shipment confirmation within the period indicated in the order according to the selected shipping method and, in any case, within a maximum period of 21 days from the date of the order confirmation.
For the follow-up of an ongoing order, the CUSTOMER can consult the section "Monitoring my orders" on the website WWW.SPORTDRINK.ES.
Article 4 - Payment
The CLIENT can choose between the following payment methods:
- With VISA TYPE bank card.
- With bank transfer.
- With electronic means of payment by Internet of international standards, type PAYPAL.
Article 5 - Prices
The prices of the items requested will include the corresponding tax at each moment. Each order will add an expense for shipping costs that includes management, packaging and shipping from our warehouses, and may be variable depending on the amount of the order. The additional cost related to this concept will be indicated on the website.
Article 6 - Return Policy
6.1 Legal right to desist from the purchase
Right of withdrawal
The CLIENT has the right to withdraw from his order within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day that the CLIENT or a third party indicated by the CUSTOMER, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, the CLIENT must notify MCY, at the following address Sportdrink, MCY Cosmetics, Tecnología y Distribución SLL, B-95796546, Pol. Ind. Uranzandi Parcela1 Nave7 Asua Erandio (Bizkaia) Spain, by writing to the email info @ sportdrink. is, by calling us the telephone number 946099050 (cost of the variable call according to the operator), your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by postal or electronic mail) . You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding deadline expires.
Consequences of withdrawal
In case of withdrawal by the CLIENT, we will refund all payments received, including delivery costs without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We will proceed to make such refund using the same means of payment used by the CLIENT for the initial transaction. You will not incur any expense as a result of the refund. Given the impossibility of being able to manage the return in the same payment method used by the CLIENT, we will proceed to refund the amount by bank transfer or check.
The CUSTOMER must return us through a courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline will be considered fulfilled if you make the return of the goods before the term has expired.
The CUSTOMER will be responsible for the direct costs of returning the product, unless you return the goods through a messenger organized by us. In this sense, we provide you with the messaging services usually used by MCY.
Only the CUSTOMER will be responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.
In the event of legal withdrawal, all the rights of the CUSTOMER established in the current legislation regarding the return of the sums paid are in all cases safe.
6.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 6.1 above, we grant the CUSTOMER a term of 30 days (including the 14 calendar days of legal withdrawal) counted from the Confirmation of Shipment to make refunds of the products (except for those mentioned in clause 6.3 below, for which the right of withdrawal is excluded).
In case you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, we will also return all the payments received from you, including the delivery costs.
The CUSTOMER will be responsible for the direct costs of returning the product, unless you return the goods through a messenger organized by us. We put at your disposal the messaging services usually used by MCY.
The CUSTOMER may exercise his right of withdrawal in accordance with the provisions of clause 6.1 above, although if he communicates his intention to withdraw from the contract after the legal withdrawal period, must in any case deliver the goods within 30 days counted from the Shipping Confirmation.
6.3 Common provisions
The CLIENT shall not have the right to withdraw from the contract whose purpose is the supply of any of the following products:
i. Personalized items
ii. Goods sealed for hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned under the same conditions in which the CLIENT received them.
No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the / the product / s while they are in your possession. Please return the item including all original packaging, instructions and other documents that accompany it. In any case, you must deliver along with the product to return the form that you will have received at the time of delivery of the product duly completed.
You will find a summary of the exercise of this right of withdrawal when you receive the order.
After examining the article we will inform you if you are entitled to the reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the total period of 30 days and all the items that make up the order in question are returned.
The refund will be made as soon as possible and, in any case, within a period of 14 days from the date you informed us of your intention to withdraw.
Due to the nature of the products, measures are established to review the returned products that may lead to the retention of the reimbursement until the goods have been received. In no case will the legal terms established for the refund be exceeded.
The refund will be made in the same means of payment that the CLIENT used to pay for the purchase. Given the impossibility of being able to manage the return in the same payment method used by the CLIENT, we will proceed to refund the amount by bank transfer or check.
If the CLIENT has any questions, he can contact us by email email@example.com, or by calling us at the telephone number 946099050.
6.4 Returns of defective products
In the cases in which the CLIENT considers that at the time of delivery the product does not conform to the stipulations of the contract, he must contact us immediately by means of our email firstname.lastname@example.org, calling us the telephone number 946099050 where we will indicate the way to proceed.
The product can be returned, by sending it to the address indicated on the returns form that you will receive with the product at the time of delivery.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if the refund or replacement of the product (if applicable) is applicable. The refund or replacement of the item 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-conforming item is applicable.
The amounts paid for those products that are returned because of some defect or defect, when it actually exists, will be reimbursed in full, including the delivery costs incurred to deliver the item and the return costs that would have been incurred provided that you used them. messaging services usually used by MCY and that we make available. The refund will be made in the same means of payment that was used to pay for the purchase. Given the impossibility of being able to manage the refund in the same initial payment method, we will proceed to refund the amount by bank transfer or check.
In any case, the rights recognized by current legislation are safe. The rights related to the legal withdrawal will only be applicable if the CLIENT is hiring as consumer and user.
Article 7 - Guarantees
MCY informs the CLIENT of the existence of a legal guarantee for the products. In case of lack of conformity by default or error of the item sent, the CUSTOMER may choose between requiring replacement, repair of the product or refund of the amount corresponding to the price and shipping costs incurred.
The repair and / or replacement will be free for the CLIENT and must be done within a reasonable period of time, from the notification by the CLIENT of the lack of conformity.
Article 8 - Processing of personal data
MCY Cosmetics, Tecnología y Distribución SLL, B-95796546, Pol. Ind. Uranzandi Parcela1 Nave7 Asua Erandio (Bizkaia) Spain guarantees that the processing of personal data will be carried out under security levels that prevent their loss, manipulation or unauthorized access.
In compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, we inform that all data provided by the CLIENT, by any means, through the order, the request of catalog, the subscription to the Newsletters of MCY and throughout the commercial relationship with our company, will be incorporated into a file whose owner and person in charge is MCY and will be treated with the utmost confidentiality.
The purpose of collecting and processing the data is to manage the commercial relationship, manage applications and / or orders and their collection and also perform treatments for advertising and commercial prospecting purposes. The carrying out of treatments for the purposes of advertising and commercial prospecting will involve sending you, through the means indicated below, information, advertising and commercial promotions of products and services of health brands, energy products, cosmetics, beauty, nutrition, jewelery, decoration, and home care as well as products and services of other companies, related to the sectors of activity of cosmetics and personal care, jewelry, food, insurance, home and health. For this purpose, the personal data provided may be communicated to companies providing services in order to send information, advertising and commercial promotions of their own and other companies, as well as to be able to cross-examine their data to determine if the Client condition and avoid duplicate shipments. Advertising and commercial prospecting actions may be carried out by any means, including telephone calls, SMS messages, MMS and email and postal and Internet.
The owner of the data must be of legal age. Unless specifically stated otherwise, it will be considered necessary to complete all the information required in the forms. In the case of not providing all the estimated data as necessary, MCY may, depending on the case, not submit your request.
Your consent to the processing of your data for the purposes of advertising and commercial prospection, will be understood to be clearly and unequivocally provided by communicating your data to MCY, and you may oppose it in the terms indicated below.
We inform you that you can exercise, making the request to MCY as responsible and owner of the file that contains your personal data, rights of access, rectification, cancellation and opposition to NOT receive publicity, as well as revoke the consent granted.
To manifest opposition to receiving publicity, as well as to carry out any other procedure, MCY offers the CLIENT different ways:
- Send a written communication to MCY (Ref. LOPD), Pol. Ind. Uranzandi Parcela1 Nave7 Asua Erandio (Bizkaia) Spain, enclosing a copy of your ID.
- Send a message to email@example.com with the subject LOPD and indicating in the message your name / surname and customer number along with the phrase (s) I DO NOT WANT TO RECEIVE PUBLICITY OF MCY) and / or I DO NOT WANT TO RECEIVE ADVERTISING OF OTHER COMPANIES.
Article 9 - Cookies Policy
- Allow the user to participate in our surveys
- Remind the user of their access data
- Improve the quality of our website based on the user's browsing habits
Article 10 - Intellectual property
All elements of the website WWW.SPORTDRINK.ES, which are visual or audio, including the underlying technology, are protected by copyright, trademark or patent rights.
Article 11 - Comments, suggestions and complaints
Comments and suggestions will be well received. Please send us such comments and suggestions through our contact form. In addition, we have official claim sheets available to consumers and users. Claims will be handled through the number 946099050.
Article 12 - Events beyond our control
We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
i. Strikes, lockouts or other industrial action.
ii. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
iv. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
saw. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
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 term to fulfill those obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.
Article 13 - Total agreement
The present conditions of Sale constitute the total agreement between the referring parties. In the event that one of the clauses of these conditions is null and void, this will not affect the rest of the conditions.
Article 14 - Applicable law and competence
Current conditions shall be ruled by Spanish law.
For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this Contract, the parties submit to the Courts and Tribunals of the domicile of the consumer.