1.- PURPOSE AND SCOPE OF APPLICATION
1.1.- The purpose of these General Terms and Conditions is to regulate the relationship between Squeeze Life S.L. (hereinafter, ‘Zumit’) and you (hereinafter, ‘Client’), in relation to the online purchase and sale of the products that we offer on the website www.zumit.es (hereinafter, the ‘Website’).
1.2.- Zumit is a legally constituted Spanish company with registered office at C/ Abad Nájera 6, Entreplanta 03002 – Alicante – Spain, with Tax Identification Code B54287347 and registered in the Mercantile Registry of ALICANTE T 3245, F 190, S 8, H A 109881, I/A 9 (26.06.20) and email address info@zumit.es
1.3.- Zumit has a health registration number as a multi-purpose distributor: 40.25535/A granted by the General Directorate of Public Health of the Generalitat Valenciana and is registered in the General Health Register of Companies and Foodstuffs of the Spanish Agency for Food Safety and Nutrition belonging to the Ministry of Consumer Affairs.
2.- USE OF OUR WEBSITE
2.1.- By making use of this Website and/or placing orders through it, the Customer undertakes to:
a) Use the Website only to make legally valid enquiries or orders.
b) Not to place any false or fraudulent orders. If it can reasonably be assumed that such an order has been placed, we shall be entitled to cancel the order and inform the competent authorities.
c) Provide their identification and contact details truthfully and accurately.
d) Comply with the general conditions of use included in the Legal Notice, as well as read and accept the privacy policy and the cookies policy available on this Website.
2.2.- By placing an order through this Website, the Customer declares to be over 18 years of age and to have the legal capacity to enter into contracts. If you do not comply with these conditions, you must not use this Website.
2.3.- The use of this Website to place orders is limited solely to natural or legal persons who, in accordance with the applicable legislation, have or acquire the status of consumers or users in accordance with art. 3 of the General Law for the Defence of Consumers and Users; hereinafter referred to as LGDCU. If you buy as a professional you will not be subject to the LGDCU and until we finalise the web development you will be able to manage your professional orders through pedidos@zumit.es
2.4.- The placing of an order through this Website implies unreserved acceptance of these Conditions. It is the Customer’s responsibility to review the current version of the Conditions before placing an order. We reserve the right to modify these Terms and Conditions, and such modifications shall not be retroactive.
2.5.- We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to those users who do not comply with these Conditions.
2.6.- Orders through this Website shall be placed in Spanish, English, Italian, French, German and Italian. In case of discrepancy, the prevailing documents shall be those drafted in Spanish.
3.- AVAILABILITY OF SERVICE AND PRODUCTS
3.1.- The products offered through this Website are only available for delivery in the Peninsula and Balearic Islands* (hereinafter, the ‘Territory’), for any other destination not initially contemplated, please contact us at info@zumit.es
*See below the table of shipping costs to specify the initial territory in which we operate with logistics providers based on the type of product.
3.2.-Table of shipping costs
Dry
Peninsula: 4,95 € for orders under 50 €.
Balearic Islands: 6,95 € for orders under 69 €.
Frozen:
Peninsula (initially only MADRID): Shipping costs 10€ for orders under 50€:
Refrigerated
Mainland Spain: Shipping costs 6,50 € for orders under 50 €.
For orders above the minimum thresholds, no shipping costs will be applied.
For orders with a total amount of more than 99€, no shipping costs will be charged for any of the temperatures.
The values shown include VAT
3.3.- All product orders are subject to availability. If the product is not available, whatever the reason, the indication of out of stock will appear on the website and if you wish you can leave us your email so that we can notify you as soon as we have replenished the stock to be able to place your order. If for any reason the system allows you to place the order and the stock is temporarily depleted, you may choose to cancel the order or exchange it for another of similar price, at no additional cost.
3.4.- We reserve the right to remove any product from this Website at any time, as well as to modify and update our product catalogue.
4.- PURCHASE PROCEDURE
4.1.- To place an order on this Website, the user must identify or register and follow the online purchase procedure that will be indicated, during which he/she will select the products and units of his/her choice and add them to the shopping basket or cart. Once you have made your selection, you can click on the ‘PROCESS ORDER’ button to continue the purchase process.
4.2.- The Customer will then complete the delivery details including the desired delivery address (either their personal address, their place of work or that of another recipient in the case of a gift), as well as the means of payment of their choice from those available on the Website.
4.3.- This Website offers the details ‘SHOW DETAILS’ of all the articles that the Client has added to his/her basket during the purchase process, so that, before making the payment, the Client must check if the order details are correct and, if necessary, modify the corresponding details, for which the ‘pencil’ symbol will allow him/her to edit both the products and the quantities.
4.4.- The Customer will then click on the ‘CHECKOUT’ or similar button, which implies an order with payment obligation, to complete the purchase process, after which he/she will receive an e-mail confirming that we have received his/her order (hereinafter, ‘Order Confirmation’). If the Customer does not receive the Order Confirmation within 24 hours of placing the order, he/she must notify us by e-mail at the following address pedidos@zumit.es
4.5.- In the purchase process, the Client will be required to expressly accept these Conditions, as well as our privacy policy, by ticking the corresponding boxes.
4.6.- Once the purchase procedure has been completed, the Client consents to the Website generating a purchase receipt and, if he/she so wishes, may request an invoice for his/her purchase, preferably in electronic format, although if he/she wishes it in paper format, he/she may expressly indicate this to us via our e-mail address. pedidos@zumit.es
5.- DELIVERY
5.1.- Except in those cases where unforeseen or extraordinary circumstances exist, the order will be delivered within 24 to 72 working hours depending on the type of product (deep-frozen, refrigerated or dry) and the place of delivery within the Territory, always counting from the date of the Order Confirmation. (different product types may require different logistics operators and consequently different deliveries). Ultracongelado orders will be delivered in the Community of Madrid on Tuesdays and Thursdays.
In order to optimise the delivery process, the address provided by the Customer must be an address to which delivery can be made during normal working hours. We shall not be liable for any errors or damages resulting from the delivery, if the delivery address entered by the Customer does not correspond to the desired place of delivery.
5.2.- If for any reason we are unable to meet the maximum delivery date, we will inform the Client of this circumstance and give him/her the option of continuing with the purchase, setting a new delivery date, or cancelling the order, with full reimbursement of the price paid. In any case, deliveries are made on working days and delivery times are calculated without taking weekends or public holidays into account.
5.3.- Deliveries to the agreed address are made, depending on the logistics operator with whom we work with our products, in this way:
Dry product logistics: Delivery service to particular working days (Monday to Friday), with delivery time slot prediction notice (recipient’s mobile phone number essential). If they go to the address and delivery is not possible, an automatic notification is generated via text message and a phone call is made, if immediate delivery is not possible, the shipment returns to our facilities and delivery is attempted again in a second delivery. Once these two attempts have been made, an incident is generated and Zumit will contact the customer and decide how to proceed in each case.
Refrigerated and frozen product logistics Delivery service from Monday to Saturday, prior notice the day before by email to the customer with the expected delivery time and also a tracking link to the vehicle and the expected ETA. In case of absence, try again the next day. Communication by email or telephone. Once these two attempts have been made, an incident is generated and Zumit will contact the customer and decide how to proceed in each case.
Refrigerated product logistics: Deliveries from Monday to Friday. First home delivery and successive deliveries to RED. For the first delivery, communication via email is used to notify the customer that their order is ready, and the estimated delivery date and time slot. As well as advance notice to offer you different delivery options (change address, delivery date, pick up in shop), as well as tracking so that you have up-to-date information about your shipment and can interact. In the event of an incident, Zumit will contact the customer and decide how to proceed in each case.
If, after the maximum delivery period has elapsed, the Customer has not collected the order at the delivery address indicated or at the RED point indicated by the logistics operator, we shall understand that the Customer wishes to withdraw from the contract and we shall consider it terminated. As a consequence of the termination of the contract, we will reimburse the Customer the difference between the price paid for the order and the reasonable costs incurred for the failed deliveries, storage costs and the return of the order. The reimbursement of this difference shall be made as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with the provisions of this clause, the contract is deemed to be terminated.
5.4.- For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment when the Client or a third party indicated by the Client acquires material possession of the product that is the object of the order, which shall be accredited by the signature of receipt of the same at the agreed delivery address or, in the event of unavailability of the recipient at the agreed place of delivery, on the date of attempted delivery indicated by the logistics service in charge of the delivery.
5.5.- Each product has its own packaging and the order is subsequently packed in cardboard and may, on occasions, present visible defects as a result of its handling in the warehouse, without affecting the content in any way. Only if the contents are affected in their packaging, the Customer must not sign the delivery note as compliant, but make a complaint to the carrier on the spot by including a written reservation on the delivery note.
5.6.- At the time of placing the order, the Customer may indicate at least two addresses, so that the first will be the billing address and the second may be that of the place of work or that of a third party to whom a gift is to be given or who has been entrusted with the reception of the order. In these cases, the order will be delivered to the recipient’s address indicated by the Customer, while the invoice will be sent to the Customer’s billing address if requested by the Customer.
6.- TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
6.1.- The risks of the products shall be borne by the Client from the moment of their delivery or, if this is not possible for reasons attributable to the Client, from the moment they are made available to the Client at the agreed place of delivery.
6.2.- The Client will acquire ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery charges, or at the time of delivery if this takes place at a later time.
7.- PRICE AND PAYMENT
7.1.- The prices applicable to each product are those indicated on the Website on the date of the order and are expressed in EUROS, including VAT (Value Added Tax), in accordance with the provisions of the regulations in force at any given time governing this tax.
7.2.- The shipping costs are broken down in the prices of your shopping basket as shown on the Website, if they do not appear it is because you have exceeded the minimum threshold and there are no shipping costs. These costs may vary from time to time depending on the tariffs applied by the various logistics operators for each destination.
7.3.- We reserve the right to change prices, but any changes will not affect orders in respect of which we have sent an Order Confirmation.
7.4.- The Client may pay by bank transfer or by Visa, Maestro, 4B, Servired, euro6000 and MasterCard credit or debit cards or others that the financial institution may include in the future. By clicking on the ‘Order with payment obligation’ button, the Customer confirms that the payment method used is his or her own or that, where applicable, he or she is the legitimate holder of the card used.
7.5.- In order to enter the details of a card, the Customer must be entitled to use it and the card must have sufficient funds to cover the possible payment. The Customer is responsible for the correctness of all data provided for the purpose of purchasing products.
8.- RETURN AND EXCHANGE POLICY
A.Right of withdrawal
In accordance with current legislation, the Customer who contracts as a consumer or user may NOT withdraw from the contract, in accordance with the exceptions of art. 103 of the LGDCU in its section d) when it concerns goods which are likely to deteriorate or expire quickly and which refers for example to food or beverages with a short shelf life or which must be kept refrigerated and in the same way in accordance with paragraph e) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. Consequently, the purchase of foodstuffs does not apply to this duty. SMOOTHIES, FRAPPES, SUPERFOODS, TEAS, GRANOLAS, BARS AND COLD PRESS DRINKS.
Only if the product is not perishable, is not subject to the cold chain and keeps its seal intact, the Customer may return it during the first 14 calendar days following the date of receipt of the product, without penalty and without the need to indicate the reasons.
SI will have the right to withdraw from the purchase of MACHINERY and CUPS in which case it will be able to withdraw from the contract without justification, within 14 calendar days from the date of delivery of the product in which the Customer, or a third party indicated by him other than the carrier, acquired the material possession of the same.
Notification of withdrawal
In order to exercise the right of withdrawal, the Customer must notify us of his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). For this purpose, you may use the withdrawal form with the necessary content, which is included at the end of this document, although the use of this form is not obligatory:
In order to comply with the withdrawal period, it is sufficient that the communication concerning the Customer’s exercise of this right is sent before the expiry of the withdrawal period.
To inform us of your decision to withdraw, we provide the Customer with the following contact addresses:
Supplier Name: Squeeze Life S.L.
Postal address: C/ Abad Nájera 6, Entreplanta 03002 – Alicante – Spain
Email: pedidos@zumit.es
Consequences of withdrawal:
In the event of withdrawal by the Customer, we shall refund all payments received from the Customer, including delivery charges, without undue delay and in any event not later than 14 calendar days from the date on which the Customer informs us of his decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly provided otherwise; in any event, we will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the product, or until the Customer has provided proof of return of the product, whichever condition is met first.
The Customer must return or deliver the product to which the withdrawal refers to us at the postal address indicated above, without undue delay and in any event not later than 14 calendar days from the date on which he communicates his decision to withdraw from the contract to us. The deadline shall be deemed to have been met if you return the goods before the deadline has expired.
The Customer shall bear the direct cost of returning the products.
With regard to the MACHINERY The Customer may handle and inspect the product in the same way as he would do in a shop, always with due care and subsequently decide whether to exercise his right of withdrawal, however, he should bear in mind that if he uses the goods more than would be necessary to determine their nature, characteristics or functioning and a decrease in their value is generated he may exercise the right of withdrawal but will be responsible for the depreciation in value that the goods may suffer and must compensate the seller for any deterioration that may have occurred in the goods.
B.Return of Products due to lack of conformity (Legal guarantee)
In cases where the Customer considers that, at the time of delivery, the product does not conform to what was stipulated in the order, that is to say, the product has a tare or defect or has simply been delivered an unsolicited product by mistake, he/she should contact us immediately via our contact addresses, indicating the details identifying the order and the Order Confirmation to which it refers, and specifying the defect or tare or, where appropriate, the error between the original order and what has been received. It is highly recommended to take photographs showing the defect so that we can begin to assess it at an early stage.
Once we have received your communication, we will contact you as soon as possible to inform you of the procedure to follow and, if necessary, to indicate the logistics operator responsible for collection from the address indicated for collection and shipment to our warehouses.
After taking back the product, we will examine it carefully and will inform you by e-mail as soon as possible whether your complaint about the product being defective will be upheld, in which case we will repair or replace the product at our expense within a reasonable period of time.
The Customer may choose between repair or replacement unless one of these options is objectively impossible or disproportionate in accordance with current LGDCU regulations. (art. 118)
The costs of return and reshipment shall be borne by us in the case of repair or replacement.
In the event of non-conformity and in accordance with art. 119 of the LGDCU, the Customer may demand a proportionate reduction of the price or the termination of the contract, in any of the following cases:
When repair or replacement proves impossible
Where Zumit has failed to carry out the repair or replacement within a reasonable period of time
If a non-conformity reappears after repair or replacement
For serious non-compliance
When Zumit is unable to repair or replace the products within a reasonable period of time
In the event of termination of the contract, the amounts that have been paid for those products that are returned because of a defect, defect or error, will be refunded in full, including the delivery costs incurred to deliver the product and the return costs, if these have already been paid by you. The refund will be made to the same payment method used to pay for the purchase.
C. Legal guarantee and responsibilities of the Supplier
When contracting as a consumer and user, we shall be liable for any lack of conformity of the products that becomes apparent within a period of two years until 31/12/2021 and three years (1/01/2022) from delivery in the case of goods (MACHINERY). The Customer shall inform us of the non-conformity within two months of becoming aware of it.
However, for non-conformities occurring after the sixth month, the consumer must prove that the non-conformity existed at the time of delivery in order to be able to make use of the guarantee.
The guarantee shall not be valid in the following cases:
Damage caused by any cause external to the product itself (by the use of abrasives or products that damage the product, as well as by the action of fire, electrochemical reactions of water or due to force majeure).
Damage caused by misuse of the product with respect to the recommendations for use provided.
Damage due to wear and tear of perishable parts.
Wear and tear damage.
If no guarantee certificate and/or purchase invoice is available.
Unless otherwise provided by law, our liability in respect of any product purchased on this Website shall be strictly limited to the amounts paid for its purchase.
D.Repair and after-sales services
In the event of a fault, the Customer should call 965140775 or email info@zumit.es
From Monday to Friday, during working hours, you will be attended by the person in charge of after-sales; the rest of the time you should leave your message on an answering machine set up for this purpose.
The data to be provided, in any case, are as follows:
Name of the premises and address.
Symptoms exhibited by the machine (a series of questions are asked to try to determine what the fault is).
Machine registration number.
Contact person and telephone number.
Timetable during which the repair can be carried out.
Once the person responsible for Zumit has received notification of the fault, Zumit:
It will verify the model of the machine listed and the date of purchase.
It shall log the occurrence.
Contact the local technical service, informing them of the symptoms and that the customer will send the machine to them to solve the problem.
Once the repair has been completed, the technical service will call the head office confirming that the problem has been solved and Zumit will verify this with the customer.
9.- COMPLAINTS MANAGEMENT
9.1.- The Client may send us any complaints or claims through the means of contact indicated in clause 1 of these Conditions. We will endeavour to respond to such complaints or claims as soon as possible.
9.2.- We also inform you that, in accordance with EU Regulation No 524/2013 of the European Parliament and of the Council, you have the right to request an out-of-court settlement of consumer disputes, and you can access this method through the website: https://ec.europa.eu/consumers/odr/.
10.- PROTECTION OF PERSONAL DATA
We will process the personal data you provide to us for the purpose of placing orders in accordance with the privacy policy available on the Website. The acceptance by the user of this privacy policy during the purchase process will be necessary in order to place orders and will imply their guarantee of truthfulness and accuracy in relation to the personal data provided.
11.- NOTIFICATIONS
11.1.- By using this Web Site you agree that most communications with us will be electronic. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirement that they be in writing.
11.2.- The user may send notifications and communicate with us through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
12.- CAUSES OF FORCE MAJEURE
12.1. – We shall not be liable for any failure, impediment or delay in the performance of an order attributable to events beyond our reasonable control (‘Force Majeure’), including without limitation any natural disasters, civil commotion, war, national emergencies, terrorism, piracy, strikes, lockouts, epidemics/pandemics, accidents, non-existence or problems with the supply of utilities (including power, telecommunications or internet supply), shortage or non-existence of supplies, materials, equipment or transport, etc.
12.2 Both parties may terminate an order by written notice, if the force majeure causes do not cease within 30 working days. In such a case, neither party shall be liable for termination (except for the reimbursement of the amount of a product paid for but not delivered).
13.- RESIGNATION
13.1.- No waiver by us of any particular legal right or remedy or failure to require strict performance by the Customer of any of its obligations shall constitute a waiver of any other right or remedy arising out of an order or the Conditions or relieve the Customer of its obligations.
13.2 No waiver by us of any of these Conditions or of any rights or remedies arising from an order shall be effective unless it is expressly stated to be a waiver and communicated to the Customer in writing.
14.- PARTIAL NULLITY
If any of the clauses of these Conditions is declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
15.- COMPLETE AGREEMENT
These Conditions and any documents referred to in these Conditions constitute the entire agreement between the Customer and us relating to the subject matter of the order/contract, and supersede any prior covenant, agreement or promise made between the Customer and us, either orally or in writing.
16.- APPLICABLE LAW AND JURISDICTION
16.1.- Access to, browsing and/or use of this Website and the ordering of products through it shall be governed by Spanish legislation.
16.2.- The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the competent Courts and Tribunals of the domicile of the Client/user.
Consumers can also submit their complaints via the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/.
Last updated: 16/08/2021.
