Hereby, XOCOLATING 1944 SL, with registered office at Passatge Vendrell nº 5, 08560 Manlleu, Barcelona, Spain and CIF number B-66105917, registered in the Mercantile Registry of Barcelona with number 1171/1136, on September 12, 2013, wishes to expose to the users ("Users") of its website www.mybodygenius.com ("Website"), the following terms and conditions of service so that they may freely and voluntarily determine if they wish to provide mybodygenius.com with the personal data that may be required and formalize a purchase of the products displayed in it.
1. General Provisions
1.1. The following terms and conditions of sale ("Terms and Conditions of Service") apply to the offer and sale of products through the website www.mybodygenius.com ("Website").
1.2. To be able to buy products on the Website, customers must: (a) be at least 18 years old or, if they are minors, be duly authorized by their legal guardian, (b) be consumers, understood as such natural persons who act with Purposes unrelated to your industry, trade, business and profession (c) register on the Website; and (d) have a valid credit or debit card.
1.3. This contract will be formalized in Spanish and will be regulated by Spanish legislation according to Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users, and other Complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (“LSSI”).
2. Supplier identification
The seller is Xocolating 1944 SL, a Spanish company, with registered office at Passatge del Vendrell, 5-7, 08560 Manlleu (Barcelona), registered in the Mercantile Registry of Barcelona under number 1171/1136, on September 12, 2013, NIF B-66105917.
3.1. The Website acts as an intermediary between the Users who demand a product purchase service by directly requesting the purchase through the Website, in accordance with these "Terms and Conditions of Service" that are published on the web: www.mydodygenius. com
3.2. The Website does not act as a seller but as an intermediary between the buyer and the seller.
3.3. The Website collects personal data of the Website Users provided voluntarily through its forms and these are shared with the seller and the other participants in the purchase and shipping process.
4. Products and prices
4.1. Information on the products supplied in accordance with articles 60, 63 and 97 of the Consumer Law and articles 27 and 28 of the LSSI is available on the Website.
4.2. The products described on the Website and the samples of the same that, where appropriate, we provide to the client are exclusively for personal use. Customers may not sell such products or samples. We reserve the right, with or without notice, to cancel or reduce the number of products or samples to be delivered to the customer when, in our sole discretion, it involves a breach of these Terms and Conditions.
4.3. All prices indicated for the products that are available through the Website include VAT at current rates and are denominated in euros. The shipping costs will be added to the price of the products and are indicated separately in the order form.
4.4. Orders placed with a shipping and billing address to the Canary Islands will not include VAT in the price of the products or shipping, and this will be deducted in the order form before making.
5. Placing orders
5.1. To place an order, the customer must follow a series of simple instructions that appear on the Website.
5.2. To place an order, the customer must enter the quantity of the product he wishes to buy, as well as other characteristics such as the flavor (s) (only in the products where it is necessary).
5.3. The customer must indicate the desired quantity and click on "add to cart" to place the selected product in the cart. The customer can check at any time during the purchase process the products that are included in the cart by clicking on "Cart" on each page. The customer can save a product to his wish list by clicking on "add to wish list" under the product name, after which the product will be in the customer's "My wish list" section at "My account". To access a customer's wish list from any computer, the customer must log into his user account.
5.4. The customer must follow the instructions that appear on the screen to execute the "checkout" process. The client can always correct any error in the data entered, change the contaken from the shopping cart by including or removing one or more products from the cart or canceling the entire order during the "checkout" process before placing the order. By placing an order, the customer acknowledges and declares to have read all the instructions given during the verification process and fully accepts these Terms and Conditions. The customer formalizes an order for products through the Website by choosing their method of payment by clicking on one of the current options.
5.5. At the time of ordering, the customer will receive an email confirming payment and receipt of it.
5.6. If the confirmation of an order does not arrive within 24 hours after its formalization, the customer can contact us for assistance by sending an email to firstname.lastname@example.org.
5.7. In the event that the customer has any questions or concerns when placing an order or if they wish to make a query about an order already placed, they can contact us by email at email@example.com. To offer a faster service, customers are invited to have their order reference available.
6. Discount codes
6.1. To redeem an offer code, the customer must enter their code in the "promotional code" box during the verification process on the website. Offer codes are case sensitive and must always be entered exactly as advertised.
6.2. When a discount code is accepted, it is reflected in the shopping cart, together with the discount percentage that applies. The discounted amount in euros is also displayed in the cart.
6.3. One offer code can be used per order.
6.4. The discount code cannot be applied once the order has been paid and accepted.
7. Payment options
7.1. The customer can pay for the products by credit or debit card.
7.2. For customer security, the customer's name and billing address must match the credit card used to make the payment. We reserve the right to cancel any order that does not meet these criteria.
7.3. All credit card holders are subject to validation and authorization checks by the card issuer. If the issuer of the customer's payment card denies or, for any reason, does not authorize the payment in our favor, either before or after a payment, the delivery cannot be made in the optimal time and we will not be able to respond. no delay or non-delivery.
8. Sending the order
8.1 This is the usual process for preparing an expedition:
8.1.1. Orders are prepared every morning from Monday to Friday. All confirmed orders go into preparation from 8 am the day before to 8 am the present day.
8.1.2 All orders are issued by our transport agency SEUR.
8.2 This normal process may be altered in the event of an error in the processing of the order, an error or incorrectness in the delivery address indicated by the buyer, a problem in the management of the debit / credit card or in the event that a product is not available for shipment.
8.3. When the products are shipped, the customer will be informed by email of said shipment of the package and will be provided with all the information about the delivery details that we can offer at that time.
When collecting the package from our facilities, the transport agency will inform the customer of the dispatch number of the shipment and access to the tracking of the package. The carrier will also inform about the expected delivery date, as well as any incident that occurs in the attempt to do so.
If the first delivery attempt is unsuccessful, the customer will receive an e-mail from the transport agency indicating a second delivery. After the second failed delivery attempt, SEUR will leave the package at a collection point and the customer will be informed of its location and instructions for collection. In times of high demand, SEUR could make a single delivery attempt.
8.4. In a totally exceptional way, we reserve the right to delay the shipment at any time, informing the client or not previously, always with the aim of offering a better service and sending all the products of the order in a single shipment.
8.5. In times of very high demand, such as new product launches or sales, the number of orders can exceed our production capacity. For this reason, the estimated lead times may be longer than usual.
8.6. Sometimes a product may be out of stock. In the event that this occurs, the entire order will be shipped when all products are available. The out of stock notice will appear on the product file. The Customer will be able to see if a new product is in pre-order status in the highlighted product description in bold. The entire customer order will be shipped on the dates described next to the description.
8.7. Any shipping or receiving date provided by us is an estimate and may vary.
8.8. Shipping costs will be paid by the customer and are indicated separately in the order form and on the delivery note. These include shipping preparation, transportation, insurance, tracking by the shipping company, and finally delivery. They do not include taxes or duties.
8.9. In the event that events arise that make delivery considerably difficult or impossible, such as strike, employer strike, administrative orders or similar, eventual delays, even in the event of the existence of binding agreements regarding deadlines and dates, will not be attributable To the seller
8.10. There are products that during the months of May, June, July, August and September can be totally or partially altered due to the extreme weather and the high temperatures characteristic of summer. During these months, these products will have a notice in red letters in the "more information" tab of each product description as a customer notice. We cannot be held responsible for total or partial alterations of said products that may occur during shipment.
8.11. The customer with an address in the Peninsula or the Balearic Islands can request, during the hot season, the option of transport with a cold bag to avoid alteration of the products. It is the customer's responsibility to take into account the warnings and advice reflected multiple times on the web for the selection of the transport method. If the recommended shipping option is not selected, returns or refunds will not be accepted, as it is the customer's responsibility to choose the optimal shipping method.
8.12. On Fridays in May, June, July, August and September, shipments are not made due to the high temperatures characteristic of this time and the sensitivity of our products to them. The objective is to preserve the quality of the products and prevent them from being stored in facilities without temperature control. During these same months, and only if the cart contains some selected products, the customer may request through the web form and with a small additional surcharge, refrigerated shipping to protect their order from heat.
8.13. In the case of shipments to the Canary Islands, and in order to provide a better service to our customers, we reserve the right to send the order with the shipping company that offers the best services to our customer.
8.14. Extraordinary expenses, customs procedures, customs agents or additional taxes (such as IGIC or AIEM) may arise when sending an order to the Canary Islands, Ceuta, Melilla or Andorra. We are not responsible for any of these expenses or taxes, which must be paid by the customer when receiving the products at the indicated delivery address. Returns or refunds will not be accepted for a non-payment of said expenses or taxes. In the case of not being paid to the courier and when the client expresses his desire not to receive the order, either by email or through the courier company, a refund will not be made for the amount of the order since it will cover the expenses derived from said non-payment, nor will the remaining part be reimbursed for expenses and unpaid taxes.
8.15. In case the client wishes to self-manage the DUA of the Canary Islands, he must request it via email by writing to firstname.lastname@example.org the same day the order is made, or communicate it directly to the transport agency before the order arrives to the Canary Islands
8.16. In the case of shipments to the Canary Islands, we recommend and warn on the website that products of a heat-sensitive nature should not be purchased due to the long duration of the journey. It is the responsibility of the client to make the decision to acquire them or not, knowing the conditions of the service and being responsible for the state in which he can receive them. Returns will not be accepted for alterations caused by high temperatures.
9.1. All orders are dispatched by our transport agency SEUR and have an estimated delivery time of 3 to 6 working days. Weekends and holidays do not count within this margin.
9.2. For shipments to mainland Spain with a value less than € 60, shipping costs of € 4.90 will be charged. For orders over € 60, shipping to mainland Spain is free. For shipments to the Balearic Islands with a value less than € 100, shipping costs of € 8.90 will be charged. For orders over € 100, shipping to the Balearic Islands is free. Refrigerated shipments are not free in any case.
9.3. We do not delivers to the Canary Islands, Ceuta and Melilla.
9.4. SEUR informs that during sales periods, Black Friday or Christmas campaign, shipping times may be longer than usual.
9.5. Orders will be delivered exclusively on business days (Monday through Friday, excluding holidays).
9.5.5. As an exceptional measure, on Fridays in May, June, July, August and September, given the high temperatures and the sensitivity of our products to them, and with the sole objective of preserving their quality, no shipments will be made, to avoid that they remain stored outside our facilities without controlled temperature.
9.6. Deliveries will always be made to the address chosen by the customer and the carrier will make up to two delivery attempts. Exceptionally, in peak logistics periods, such as sales times or the Christmas season, a single delivery attempt will be made.
9.7. If the carrier cannot deliver the order to the address indicated due to the absence of the recipient, the customer will receive an email informing of a second delivery attempt at the same address. In the event that the carrier does not manage to deliver on the second attempt, the transport company will keep the package in the delegation closest to the customer's address for 5 working days so that it can be collected at no additional cost and will receive an email with all the necessary information for the collection. If after the period of 5 days the package has not been collected, it will be returned to our facilities
9.8. Sending a shipment returned by the transport company to the customer's address has an additional cost of € 9.80 for shipments to the Peninsula and € 17.80 for shipments to the Balearic Islands. When the order is returned to our facilities, the customer may request a refund. The derived shipping costs will be subtracted from the order total.
9.9 It will be a necessary requirement to proceed with the delivery of the merchandise the signing of the delivery note manually or electronically.
9.10. It helps us to better know any incident or deficiency attributable to the transport of your order. Please always indicate us on the carrier's delivery note. He can write to us at email@example.com.
9.11. In accordance with Article 103 of the Consumer Law, the products will be delivered within 30 (thirty) days after the order is placed by the customer, except that within the same period we notify the customer, including by email , in the same period, that the products ordered are not available or are temporarily unavailable.
9.12. The non-acceptance of the order at the time of delivery by the customer involves extraordinary expenses of € 9.80 (nine and eighty euros), which will be subtracted from the total amount of the order in case the customer requests a refund.
8.13. In the event that the delivery is not made effective within the term agreed with the collaborating transport company, we are not responsible for said delay and the client must claim directly from the collaborating company adhering to the conditions and terms of the service of this.
10. Inquiries about orders
10.1. If the User has questions or wants to make a query, he can contact us by writing an email to firstname.lastname@example.org and we will try to offer an answer within 24 hours on business days.
10.2. With a customer account created on the Website, Users can check the preparation status of their orders by visiting the "History and details of my orders" page in the "My account" section. This is the easiest and fastest way to get information about your orders.
10.3. When the User clicks on the "Order Status" page, access to the customer account will be requested through the email and registration password. On the order summary page, the customer will be informed in detail about their current and previous orders.
10.4. When the order is in the hands of the collaborating transport agency, it will send an informative email to the client. The transport agency will provide information about the status of the package, the way to track the shipment and the delivery details, as well as the contact details of the transport agency.
11. Exchanges and returns
11.1. The customer can exercise his right of withdrawal up to 14 calendar days after the delivery of his order and make the request for the return of the products of his purchase. Returns of open, manipulated, tested or partially consumed products are not accepted. Only returns of products that are in the same state in which they are sent will be accepted.
To formalize the return request, the customer must:
Print the invoice of your order that you will find in the order history of your cl sectionient of the Website.
Prepare the shipment of the products to be returned properly protected in a box next to the printed invoice.
Send the products to be returned to the following address: Xocolating 1944 (Returns), Passatge del Vendrell 5-7, 08560 Manlleu, Barcelona. During hot months (May to October), a return shipment will need to be refrigerated.
Provide us with the shipping / tracking number of the transport company of your choice by writing to email@example.com.
We will not accept a return if the products to be returned do not arrive at our facilities in their original packaging, without consuming, unsealing or manipulating. Any product that does not comply with these conditions will result in the cancellation of the return. In the event that there is a problem with the shipment of the products to be returned that prevents their receipt or that affects the conditions listed above, we are not responsible and the return request will be canceled. The customer is responsible for preparing the shipment for the return, so you must prepare your shipment properly protected to avoid any breakage during transport.
11.2. Once we have received the shipment with the products to be returned, we will inspect the merchandise to ensure that it meets the conditions listed above. In the event that all products meet the above conditions, the customer will receive a refund for the value of the returned products within a maximum period of 14 days from receipt of the shipment.
11.3. Changes will only be accepted in the following cases, which will have to be demonstrated by photographic evidence within a maximum period of 24 hours from receipt of the order (holidays and weekends included):
11.3.1. One or more products of the order have been damaged during shipment and the packaging is totally or partially broken. During the summer, the exchange of items altered by heat will only be accepted if the client has chosen the cold bag shipping method. Otherwise, they will not be changed.
11.3.2. One or more products in the order have an expiration date before the current date.
11.3.3. One or more items in the shipment are wrong.
11.4. In the event that the order includes items noted as heat sensitive, no changes or returns will be made if they lose their partial or total shape during shipping.
11.5. In orders placed during campaigns of discounts, sales, gifts, offers or launches of limited editions, regardless of whether the customer includes promotional items in his order or not, order cancellations or product changes will not be accepted.
11.6. Order cancellations will only be approved if they are requested before the order goes into preparation (see point 8.1).
11.7. To make any change according to the above conditions, the client must keep the delivered merchandise until our carrier picks it up to be verified. Once in our facilities, it will be inspected before shipping replacement merchandise to the customer.
11.8. In the event that the returned merchandise is open, tested or fully or partially consumed, no change will be made and the customer will be able to collect the same merchandise from our facilities within a period of 7 calendar days.
12.1. The user can consult the data protection policy at the following link: https://www.mybodygenius.com/es/content/6-proteccion-de-datos
12.2. In the event that the User is registered, they can modify their data or unsubscribe from all services manually from the "My account" tab or by contacting us at firstname.lastname@example.org.
12.3. By placing an order, the client accepts and agrees that we use their data collected in the order form and that these are treated in accordance with our Data Protection Policy.
13. Applicable law and jurisdiction
13.1. These Terms and Conditions are regulated by Spanish law and must be interpreted in accordance with Spanish law.
13.2. In the event that the client is an individual end user, the conflicts that, where appropriate, cause the interpretation, validity and / or execution of these Terms and Conditions will be submitted to the jurisdiction of the courts and tribunals of the place residence or domicile of the client.
13.3. In the event that the client is a legal person or a merchant, the conflicts that, where appropriate, cause the interpretation, validity and / or execution of these Terms and Conditions will be submitted to the jurisdiction of the courts and tribunals of the place of residence or domicile of the seller.
14.1. For any information and support or to make a query you can contact us by sending