General Terms & Conditions
NOTE
Please carefully read these General Terms and Conditions for Online Sales before purchasing any one of the offered products or services.
1. Preamble
The URL www.caminodelafertilidad.com is the website of Claudia Kaiser, independent Business Owner under Spanish law (X6229143F) having her registered office at Finca El Linar 1, 10857 Acebo, Spain (e-mail: concha@caminodelafertilidad.com).
Claudia Kaiser offers Nutritional Coaching and Consultations. She also sells digital products, such as online or audio courses or ebooks. She does not sell physical products directly, however, she might recommend carefully selected food and Non-Food products via affiliate links.
These General Terms and Conditions are binding upon both, Claudia Kaiser and the Customer.
Ordering any one of Claudia Kaiser’s products or services automatically entails acceptance of her General Terms and Conditions for Sales. Claudia Kaiser can adapt or change these general terms and conditions at any time and without further announcement. Every purchase after the change implies the acceptation of those new terms and conditions by the Customer.
2. General
These General Terms and Conditions for Online Sales apply to private individuals acting for non-commercial purposes. A Customer carrying out a purchase hereby certifies that he/she is legally qualified to carry out such a transaction.
The Customer agrees that electronic communication and back-ups can serve as proof of any transaction or process.
3. Right of withdrawal
In accordance with the Spanish law of 6 April 2010, a Customer who is a retail consumer, i.e. a non-professional private individual, is entitled to notify the company that he wishes to cancel his purchase, without being required to pay a penalty or provide justification, within 14 calendar days of the day following the date on which the product is delivered.
In order to exercise his right of return for a product which he finds unsatisfactory, a Customer shall be under the obligation to contact us by e-mail (concha@caminodelafertilidad.com) and be able to present a purchase proof upon request.
A product found unsatisfactory by a Customer shall be returned to us within 20 calendar days following the date on which the product is delivered. The product has to be in a perfect state of cleanliness, entirely intact and in its original packaging. If a product is returned to us in accordance with the above-mentioned requirements, then the Customer shall be reimbursed the purchase price. In such case, however, the costs associated with returning the product shall be borne by the Customer.
Once the legally-stipulated timeframe of 14 days has lapsed the delivery shall be deemed to have been irrevocably accepted by the Customer.
In accordance with article 46, §4 of the law of 6 April 2010, the consumer cannot use his right of withdrawal for the following products/services:
- Services that have already (completely or partially) been provided before the end of the 14 days period.
- Tailor-made articles based on the client’s specifications or personalised items that – because of their inherent nature – cannot be resold or that would deteriorate rapidly.
- Audio or video files that have been downloaded by the client.
- Journals, newspapers or magasines;
In those specific cases, the client cannot return the product nor ask for reimbursement.
4. Ordering
To place an order for a digital product, a Customer must use the order form available on the website.
By placing an order, the Customer declares that he/she has read and accepted these General Terms and Conditions. In fact, by placing an order, he/she submits a purchase offer for the product or service he/she has selected. Claudia Kaiser reserves the right to accept or reject such offer without needing to provide any justification.
The Customer shall be asked to provide certain personal information (name, address, e-mail, gender, age, delivery information, payment method), indicate the products or services he/she has selected in the wished quantities and verify his/her order before validating it. By confirming the order the Customer formally accepts all the transactions carried out through this website.
An order confirmation e-mail shall be automatically sent to the Customer to inform him/her that his/her order has been submitted.
Despite the fact that the information on the website is composed with utmost care, it is still possible that the information is incomplete or not up-to-date. Claudia Kaiser will not be held liable for any of such shortcomings.
5. Prices
Prices are specified per product on the website. The total price of your order is indicated in the « basket » and can be verified before confirming the order. Prices are also indicated on any invoice that might be provided. They are inclusive of VAT at the applicable rate. Shipping expenses are not applicable, since no physical products are sold.
Discounts and promotions can be given temporarily or on a standard basis depending on certain criteria. Customers buying during the promotion period or Customers fulfilling the discount criteria will receive the discount indicated at that point in time. Claudia Kaiser reserves the right to change discount criteria or start and stop promotions at any time without justification.
Nutrition Services are not reimbursed by health insurance since Claudia Kaiser is not an officially registered dietitian in Spain.
6. Payment
The products or services selected can be paid for in the following ways:
- Bank transfer: Have to be received before the products are sent out.
- Cash: Only for face-to-face Nutrition Services
7. Delivery / Shipping
Nutrition Services: are confirmed by e-mail. Depending on the service, the customer either takes an appointment for a face-to-face consultation or for a virtual consultation. Cancelations of appointments should be communicated as soon as possible.
Digital Products: you get access to download your product immediately after completing the purchase and payment process.
Food and Non-Food Products : Are not sold directly via the website. You are linked to a partner’s / affiliate’s website. This partner is responsible for the content of his/her website.
The property rights and risks associated with the products ordered shall be transferred upon delivery of the paid goods. Any case of visible damage and/or qualitative deficiencies of a product or other deficiencies at the time of delivery, has to be reported immediately in order to avoid loss of any reclamation right.
Claudia Kaiser shall make all reasonable efforts to fulfill her obligations within the framework of this contract. However, she shall not be held liable for any loss or damages if the Customer is delayed in fulfilling an obligation (e.g. payment on time, not being able to receive the delivery) or due to a shortcoming attributable to external factors beyond her control.
8. Guarantees
Since no physical products are sold, no legal nor commercial guarantees are applicable.
9. Disputes, applicable law and jurisdiction
Claudia Kaiser shall make all reasonable efforts in an attempt to amicably settle any disputes in a rapid and efficient manner.
However, should a dispute give rise to legal action, it is hereby agreed that such legal action, as well as this contract and the order, shall be subject to Spanish law. In this connection, the courts of Madrid shall have sole jurisdiction in settling the dispute at hand.
The European commission is currently creating a platform for online dispute resolution. The link to this platform will be posted here once the platform is online.
10. Severability
If any one of the provisions in these terms and conditions is declared null or void, then this shall not have any impact whatsoever on the validity of the other provisions.
If the application of any one of the provisions in these terms and conditions is not deemed necessary by Claudia Kaiser in a concrete case, this shall not have any impact whatsoever on the validity of this very provision in other cases.
The Customer hereby acknowledges having read, understood and accepted these General Terms and Conditions.
