Notice LEGAL AND GENERAL CONTRACTING CONDITIONS
1.- Scope of application.
The purpose of this document is to establish and regulate the rules of use of the Site https://www.qi-optima.com (hereinafter the “Site”), understood by the Site all pages and their contents owned by Minja Maria Zeus which are accessed through the domain and its subdomains, as well as the General Terms and Conditions of Contract in sales from our online store.
The use of the Site attributes the status of User of the same and implies acceptance of all the conditions included in this Legal Notice. The User undertakes to read this Legal Notice carefully on each of the occasions when he/she intends to use the Site, since it and its conditions of use contained in this Legal Notice may be modified. All notices may be reviewed at any time by the user through our website.
The use of our online store, as either as a mere visitor or as a registered member, attributes the condition of consumer or user, and acceptance of the General Terms and Conditions of Hiring.
It will be understood that the monitoring of all steps to purchase a service or product through our store online, as well as its application, implies full and unreserved adherence to the user to each and every one of the general conditions published in the Website.
These Terms shall apply from the beginning of the online purchase procedure for the product to the receipt of the shipment, as well as the completion of the withdrawal periods legally established guarantees, as appropriate.
2. Ownership of the Website.
The owner of this Site is Minja María Zeus (hereinafter “qi-optima”) with address in Avenida del Mediterráneo, 203 Villa Lola Building, Block A, 4th, 4th, C.P. 29730, Rincon de la Victoria, and with CIF: X8440207N.
are adhering to the consumer arbitration system, you can find more information here:https://www.consumoresponde.es/con%C3%B3cenos/local%C3%ADzanos/entidad/oficinas_municipales/omic_rincon_de_la_victoria
You. you can contact us here.
3.- Intellectual and industrial Property.
The intellectual property rights of this site are the property of qi-optima, or third parties that are authorized when necessary.
The unauthorized reproduction, distribution, marketing or transformation, in whole or in part, of the content of the Site, constitutes an infringement of the intellectual property rights of qi-optima. Likewise, all trademarks or distinctive signs of any kind contained on the Site are protected by Law.
The unauthorized use of the information contained on this Site, as well as the damages caused to the intellectual and industrial property rights of qi-optima, may give rise to the exercise of the legally appropriate actions and, if applicable, the responsibilities arising from such exercise.
In the event that the products of our online store were eligible for intellectual property protection, qi-optima guarantees to be authorized to manage the acquisition and collection from the product to the consumer.
The content, programs, information and/or advice expressed on this Site should be understood as merely indicative. qi-optima, is not responsible in any way for the effectiveness or accuracy of the same, being exempt from any contractual or non-contractual liability with the Users who make use of them, since it is these who must decide at their discretion the opportunity of them.
This Site may publish content, as well as products and services provided by third parties or companies, qi-optima, is not responsible for the veracity and accuracy thereof, being exempt from any contractual or non-contractual liability with Users who make use of them, being a mere intermediary.
Qi-optima, reserves the right to modify the content of the Site without prior notice and without any limitation, giving the user the possibility to accept the new conditions or cancel the account.
Likewise, it declines any responsibility for any damages that may be caused by the lack of availability and / or continuity of this Site and the services offered on it.
Qi-optima does not guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. qi-optima, declines any contractual or non-contractual liability with Users who make use of it and have damages of any nature caused by computer viruses or computer elements of any kind.
Qi-optima, declines any responsibility for the services that may be provided on the Site by third parties.
Qi-optima, declines any responsibility for the services and/or information provided on other Sites linked to it. qi-optima, does not control or exercise any kind of supervision on third-party websites. We advise users to act prudently and consult any legal conditions that are exposed on such websites.
Users who send any type of information to qi-optima, undertake that it is truthful and that it does not violate any rights of third parties or the legality in force.
Qi-optima is a mere intermediary between the customer and the seller, so it does not assume responsibility for the sales made. Claims will be forwarded to the seller.
Access to this Site is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the users.
It is expressly prohibited to use the Site for purposes harmful to the goods or interests of qi-optima or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and applications qi-optima, or third-party computer (software).
In the event that the User becomes aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, we would appreciate it if you contact qi-optima.
6.- Sale of goods, shipping and liability.
Through the https://www.qi-optima.com portal, consumers or users can purchase products from different vendors who advertised in our market.. These are categorized, selecting the product, the available information about the product appears on the screen the same to its characteristics, utilities and price; and one or more photographs and the conditions on the right of withdrawal of such producto.
With regard to foodstuffs, the Seller will communicate to the Customer, before the purchase is made and in the when the product is delivered, food information Regulation (EU) No 1169/2011 of the European Parliament and of the European Parliament Council of 25 October 2011 on the food information provided consumers.
Before making the contract, the user you should check it and assess whether it suits your needs. Also technical assistance, after-sales services and other services may appear commercial guarantees that may assist the customer, if any.
Before making the contract, the user you should check it and assess whether it suits your needs. In addition, the user must be 14 years of age, provide the data accept these Terms.
The fact that the user complies order form, does not imply automatic acceptance of the order by qi-optima or the seller, but will be understood to accept it when you are send an automatic acknowledgement email of the application.
We have a Marketplace service that allows the sale of products directly to third-party sellers. The products offered and sold by third-party sellers through the Marketplace are subject to their own terms of sale, in which the qi-optima is not a party, therefore it does not assume any responsibility on this. We are not responsible for the product offered and third party, nor do we represent the third party seller. In the presentation of items while browsing the Marketplace expressly indicate the identity of the seller.
The customer is solely responsible for the use of the Marketplace, and the choice of products that acquires from sellers, and, exonerated qi-optima, from any claim a result of the use and acquisition of products from third parties through the Marketplace.
6.1.- Purchase procedure:
The customer must follow the instructions of the add products to the shopping cart, without any commitment to buy. You can view the basket or empty it by removing the Products.
If you wish to continue with the purchase, you will need to accept the purchase on the order button, accepting the terms, legal notice and those conditions the purchase of the product(s) entails.
Subsequently, if you have not supplied them Previously, the customer will be asked for their personal information with fields with a asterisks, which are mandatory to make a correct shipment. It’s not prior registration of the customer.
The customer can check whether the data is correct and, where appropriate, correct those erroneous through the “edit” button.
To complete the purchase process you will need to complete click on the “buy now” button (or a similar expression), which involves the purchase with payment obligation.
If help pages exist during the process, these will give the customer extra information about the purchase process.
When a sale of a good is formalized, and once the payment is received and verified, qi-optima, and confirmed acceptance purchase by email within 24 hours of purchase, the product is shipped.
If payment is made by credit card, the card will be charged via bank POS. All business transactions are made in a secure server environment under Secure Socket Layer (SSL), which ensures security and privacy of your data.
The contract ends once the good is delivered, although warranties and data are maintained for legal and commercial reasons (if you accepted them).
If the product is not available, we will report waiting time to facilitate good, and the customer will be able to choose between wait ingfore or receive a refund of the amount paid.
Under no circumstances will qi-optima be held accounted for by another damages, whether effective, indirect, or otherwise, or loss of profit that the buyer could have suffered from the problems derived from the sale and shipment of the product.
Qi-optima shall not be liable for delays, or inaccurate or erroneous publication where they result from facts or circumstances beyond its control, including but not limited to governmental action, fire, flooding, insurrection , earthquake, technical failure, hacking, mutiny, explosion, embargo, legal or illegal strike, shortage of personnel or material, interruption of transport of any kind, delay in work, or any other circumstance beyond your control.
For any additional information about your order or billing you can contact Customer Service through the email account firstname.lastname@example.org
The delivery time will be 48h-72h approx. after placing the order, for those shipments that must be delivered within The Peninsula, Ceuta, Melilla and the Balearic Islands. In the case of the Canary Islands the delivery time will be 72h-96h approx. after placing the order. It can be accessed from any operating system, platform or browser. If you have a problem, please contact us.
7.- Price, payment method, and supporting documentation.
The price of the products is defined in Euros, and will be the one established on the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website.
The method of payment of the good will be through credit card/cash back/paypal (DEFINE).
The applicable taxes are included in the price of the producto.
Shipping costs are separate, and the user must check and accept before formalizing the order, the costs that entail sending it to his address, since they vary according to the size and weight of the product or the place of destination. The software calculates delivery times and shipping prices automatically when adding products to the cart.
In general, qi-optima will send by email the confirmation of the receipt of the payment by email.
The warranty of the products is two years from the date of receipt of the same, fixed on the receipt of the corresponding courier service, which the user signs on delivery. In second-hand products, it will be 1 year.
In food products, it will come on their expiry date. The products arrive with a date sufficient to be consumed and in perfect condition, taking responsibility for the user’s correct preservation.
The warranty entitles the user to repair the product or replace it with a new one (except consumables or second-hand), request a price reduction or terminate the contract.
In the event that the qi-optima claims that a form causes disproportionate harm and with the agreement of the consumer, they can choose the one that suits them.
During the six months following the delivery of the repaired product, qi-optima will be liable for the non-conformities that led to the repair, presuming that it is the same lack of conformity when defects of the same are reproduced in the product origin than those initially manifested.
9.- User Obligations.
Any commercial use of trademarked goods is expressly prohibited, unless expressly authorized by qi-optima, or the trademark owner.
The user undertakes to pay the price of the product and to make use of it in accordance with the law and these general conditions.
You agree to maintain the confidentiality of your password and to notify us immediately of your suspicion of any unauthorized use of your account or access to your password.
The user agrees not to use the account, username or password of another User.
10.- Qi-optima obligations.
You agree to make available to the user the necessary information regarding the product and once the purchase is made, to send a check via email, which expresses the receipt of the order placed, and the confirmation of payment.
You agree to have the necessary spare parts for the product, or to request them from the manufacturer, for 5 years from the completion of manufacture.
You will also draw up an invoice that will be provided to the consumer along with your order.
If you are not satisfied with the products purchased in our online store, you have the right to withdraw from the contract by returning your purchases, in accordance with the provisions of the following paragraphs.
The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the good.
The right of withdrawal shall not apply to the following related articles:
- Goods made to the specifications of the consumer and user or clearly customized.
- Goods can deteriorate or expire quickly.
- Goods sealed who are unsuitable for return for the protection of hygiene and have been unsealed after delivery. (Food products)
In the event that in the same order you have purchased multiple goods that have been delivered to you separately, the withdrawal period will expire 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, received the last of those b Ienes.
In the event that you have purchased a good consisting of multiple components or parts, the withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the last component or material.
In the event that you have contracted the periodic delivery of goods for a specified period, the withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the first of those goods.
Once you receive the product, we will pay you both the principal amount and the shipping costs you paid at the time, without However, the shipping costs caused by the return will be your account.
The consumer will be responsible for the decrease in the value of the goods resulting from the manipulation of the goods other than the one necessary to establish its nature, characteristics or Operation.
The consumer must communicate his/her willingness to desist by any eligible means in law: by calling 622624112, an email to email@example.com, or a letter to the address contained in these terms and conditions, as well as proceed to the return of the product by postal package, running with the costs of such return. The mere fact of returning the package to the address it will suffice to consider that right exercised: Avenida del Mediterranean, 203 Villa Lola Building, Block A, 4th, 4th, C.P. 29730, from Rincón victory.
However, we provide you with a form withdrawal at the end of this point, the use of which is not mandatory.
Once you have received the communication from return(if any) and the product qi-optima will proceed to return within a maximum period of 14 days the amounts of money paid by the user, including taxes and shipping costs, without any discount or penalty. The return will be done by the same means by which you paid, unless you tell us what Contrary.
The user will only have to refund one amount by the decrease in the value of the good, which is a consequence of its use disagrees with the agreed or the characteristics of the good, for damages reckless ness caused by not following the maintenance instructions of the or for the harm of damage.
In the event that the return is due to product defects, legal rights and guarantees on products are applied in accordance with the law applicable to the effect, running the company with shipping costs.
The Right of Withdrawal is only valid for consumers, including legal entities and non-consumer entities legal personality that act not-for-profit in an area other than a business or business activity. Traders or entrepreneurs who purchase products in the context of a commercial or business activity may not be accepted right of withdrawal.
The user will be absolutely responsible for the use of the purchased product, and relieves https://www.qi-optima.com, from liability arising from any damage could cause any misuse of that product. Specifically responsible for:
- All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order.
- Any act he performed differently than what is stated in the directions or instructions about operation and use of the product.
- Certainty, accuracy, current and current data that each of the data with which you fill in forms that qi-optima requires on the website.
- Damages direct or indirect that has been caused to you by any third party if the user lost, unveiled, careless or, in any case, let a third party knew for attributable reasons your personal data necessary for the contracting the product.
13.- Faculty of denial of order.
Qi-optima reserves the right to exclude or disallow the purchase of the product, when it considers that the current regulations are violated, the general conditions, morals, generally accepted customs, public order, when a third party is harmed , or where for reasons derived from the image and reputation of the qi-optima website it does not deem it appropriate. In this case, if the payment has been made, it will be refunded.
14.- Information and modification.
Qi-optima guarantees that it has exposed these general conditions to the generality of the potential interested parties, as before they could contract the products, thus complying with the previous information period. The user can consult these General Conditions at any time through our website.
The temporary validity of this condition coincides with the time of its exposure, until the time when the terms and conditions stipulated unilaterally are modified in whole or in part, and the user is obliged to consult our General Conditions of Contract each time you access our online store.
If any clause is declared null and void, it will be not set without affecting the other conditions.
15.- Assignment and surrogacy.
Qi-optima may contract service providers, and collaborate or assign contracts to third parties to carry out the supply of all or part of the products to which it undertakes under the different operations to be Formalizing.
16.- Extinction and resolution.
This contract will be terminated when both parties comply with the obligations to which they commit in it or when it is resolved by any of them if any of the causes are for resolution, or if the counterparty seriously defaults any of the obligations set out in the contract.
Notifications shall be sent by any reliable means to the following address: qi-optima; on Avenida del Mediterráneo street, 203 Villa Lola Building, Block A, 4th, 4th, C.P. 29730, Rincon of Victory.
18.- Applicable Law, Jurisdiction and Enforcement.
Qi-optima informs you that this Legal Notice and the General Conditions of Contract are governed in each and every one of its extremes by Spanish law. This contract is established in the Spanish language.
By enjoying the consumer’s protection regulations, he can claim or sue from the jurisdiction of his domicile.
Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Rincón de la Victoria (Spain), in the following cases:
- What the buying party is domiciled outside the European Union and in that there is no bilateral or multilateral agreement with Spain that impedes the possibility to fix the express submission of the jurisdiction;
- If it’s a sale carried out by a company acting in the context of its business or business Professional
19.- Contact us.
If you have. any questions about these terms and conditions, or if you would like to make any suggestions or recommendations, please contact us via the following email address: firstname.lastname@example.org
23.- Online Dispute Resolution.
In accordance with THE provisions of EU Regulation 524/2013 on online consumer dispute resolution (ODR), we inform you that as a consumer, you have at your disposal a procedure to resolve the various disputes arising from the online sale of goods and services in the EU.
Has EU RLL (Online Dispute Resolution) platform:
Can more information can be found at the following link:
24- Download of Documents:
Can download this document here (link with the downloadable document in .pdf)
Can download the withdrawal form here (link to downloadable document in .pdf)