TERMS AND CONDITIONS

Please read the below Terms and Conditions in detail, as they contain important information about your rights, resources and obligations. By accessing or using the Dietox website or App, you agree to comply with and be bound by these terms.

Introduction

The present Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute a legally binding contract (“Contract”) between you and Dietox, which governs the terms of use and purchase conditions on the website (www.dietox.us), hereinafter referred to as the “Web”, and the Mobile application, hereinafter referred to as the “App”. By using the Web and App or by placing an order on either of these, you consent to be bound by these Terms and Conditions and Privacy and Cookie Policies. In this way, if you do not agree to all of the Terms and Conditions or Privacy and Cookie Policies, you should not use our platforms.

Our Data

The sale of goods on this Web is carried out under the trademark DIETOX by DIETOX LAB, S.L., a Spanish company, with registered offices at Rambla Catalunya 124, 4º-1ª, (08008) Barcelona, registered in the Barcelona Mercantile Registry under number 2012/2046, volume 43289, folio 88, page 423297, on the 19th July 2012, with Company Tax registration ID B-65844136, telephone number +44 0203 514 7285 and e-mail address info@dietox.us.

Your data and visits to this Web

The information or personal details you provide will be processed pursuant to the established terms of our Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all information or data provided is true and correct.

Use of our Website

By using this website, or placing an order through it, you agree to:

Use this website exclusively to make legally valid enquiries or orders.
Not place any fake or fraudulent orders. If it can reasonably be considered that an order of this kind has been made, we are authorized to cancel the order and inform the relevant authorities.
Provide us with your correct and accurate e-mail, postal address and/or other contact details. Additionally, you consent that we may use such information to get in contact with you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we may not be able to complete your order. By placing an order on our Web, you declare to be of legal age and have the legal capacity to enter into binding contracts.

Service availability

All items offered on this website are only available for delivery within British territory (Mainland).

We do not ship to the islands.

Shipping costs: 13€

If you have any questions or customer enquiries, please contact us by telephone +44 0203 514 7285 or e-mail at info@dietox.us.

How to place an order

To place an order you will be required to follow the online purchase process and click on “Make an order”, “Pay” and “Complete Order”. After this, you will receive email confirmation of your order (the “Order Confirmation”). We will also inform you via e-mail when your order has been despatched (the “Delivery Confirmation”).

Technical means for correcting errors

If you detect that an error has been made when entering your personal data during the user registration process on this Web, you can modify your data from the “My Account” area.

In any case, you can correct any errors related to the personal data provided during the purchase process by contacting our customer service department via telephone +44 0203 514 7285 or e-mail info@dietox.us, as well as to exercise your right to rectification as established in our Privacy Policy by writing to gdpr@dietox.com.

This Web displays confirmation windows in several different parts of the purchase process, and you will not be allowed to continue with the order if the relevant data is not correctly provided. This Web also displays the details of all the items you have added to your cart during the purchase process, allowing you to modify your order details before payment is made.

If you detect an error in your order after completing the payment process, you should immediately contact our customer service department by telephone or on the e-mail address previously mentioned to rectify the error.

Product availability

All orders are subject to availability. Should there be any difficulty in supplying these products or if the products are no longer in stock, Users will be informed by an informative text or a “product out of stock” type button on the description page/purchase page corresponding to each product. Equally, if a computer problem causes this information to display incorrectly, we will be in touch as soon as possible to change the delivery date, cancel the order or reimburse any monies you may have paid.

Regarding vouchers, or discount coupons, we inform you that these are not compatible with sales discounts or other offers and may not be used in conjunction with other offers. Distributors may not use coupons or discount vouchers without prior authorisation.

Delivery

Unless due to circumstances related to personalisation of products, or unforeseen or exceptional circumstances, your order will be sent to you on the day you selected during the purchase process, once payment has been confirmed, unless transport problems or circumstances out of Detox’s control arise.

Once you receive your product, it is your responsibility to ascertain if the product is in good condition. If the box is already open when it arrives, or if due to the appearance of the packaging, you suspect the product may have been tampered with, please immediately notify Dietox by telephone +44 0203 514 7285 or e-mail info@dietox.us.

Notice about public holidays: If your selected delivery day is a public holiday in the locality where delivery is due, your order will be delivered on the next working day (excluding Saturdays).

It is the User´s responsibility to inform themselves of public holidays in the delivery location.

For the purpose of the present Terms and Conditions, it will be understood that the “delivery” has been made, or that the order has been “delivered” when you, or a third party chosen by you, acquires the material possession of the products, which shall be accredited by means of a signature upon receiving the product at the agreed delivery address.

Unable to deliver

If we are unable to deliver your order, we will try to find a secure place to leave your parcel. If we cannot find a safe place, your order will be returned to our depot. We will leave a note to explain where you can find your parcel and how to re-arrange delivery. If you will not be available at the delivery location on the selected delivery date, please get in contact with us to re-arrange delivery for another day.

For the fresh Dietox products, if after three (3) days from the date your order is available for delivery, the order could not be delivered for reasons attributable to the User, we will assume that that you wish to withdraw from the Contract and therefore consider the order resolved, without the possibility of a refund.

SUBSCRIPTION, RECURRENCE & RENEWAL OF TRANSACTIONS

Signing Up for the Subscription

DIETOX subscriptions can only be signed up for by individuals older than 18 years of age with sufficient capacity to enter into an agreement of their own name and right, or that of the legal person they represent with sufficient power.

All persons signing up for a subscription will be considered, for purposes of the subscription described in the present document, as consumers.

By subscribing to DIETOX, and in exchange for the monetary compensation established in the subscription form according to the mode of subscription agreed to, the USER will receive the offer subscribed to. Promotional offers for products that require the payment of an additional amount will not form part of said subscription.

Formalizing the DIETOX Subscription

In order to subscribe to DIETOX, the user will have to visit the “SUBSCRIBE” section at the bottom of the homepage on the website, or otherwise, in the “SUBSCRIPTIONS” section in the homepage, after choosing their preferred subscription modality.

Prior to making the payment, the user will be asked to create an account using an email address, as well as to fill in a series of additional details.

DIETOX guarantees full compliance with the regulations governing Data Protection, in particular, the Organic Law 15/1999 of December 13th, the Data Protection Directive on the protection of personal data (herein referred to as DPD) and its regulations. DIETOX has implemented the necessary security measures to warrant security and confidentiality in the treatment of personal data under the DDP. The moment at which the interested party requests becoming a DIETOX USER, their personal data are added to a database property of Dietox and duly registered in the General Registry of the Spanish Agency for Data Protection, with the only purpose of maintaining a business relationship with the USER.

The USER may, at any time, exercise his right of access, rectification, deletion or opposition to the treatment of his personal data by getting in touch with DIETOX, either by means of an email sent to info@dietox.com indicating the nature of the issue, or by means of a postal letter addressed to Dietox’s “Customer Service Department” at the following address: Rambla de Cataluña 124, 4º-1ª (08021) Barcelona. In all cases, a photocopy of the user’s national ID or equivalent should be supplied, and the right he wishes to exercise should be indicated.

The USER declares that each and every one of the pieces of information supplied are truthful, with DIETOX reserving the right to exclude from their subscriptions any USER who provides false data, without prejudice to the actions they might be rightfully entitled to.

Moreover, the USER declares that he fully understands and agrees to the CONDITIONS governing both parties from the moment he subscribes to DIETOX onwards.

The contract between the USER and DIETOX (herein “CONTRACT”) is understood to be formalized as soon as the USER has completed the subscription process by filling in the standard registration form and confirmed his subscription to the Products. Once the subscription has expressly been confirmed, the Contract is understood to have been formalized, and DIETOX will send an email confirming receipt of the request to subscribe, the modality selected, and the delivery date chosen (“Shipment Confirmation”). Said request implies agreeing to the present general conditions.

Conditions & Content of the Subscription

DIETOX reserves the right to modify and/or add services that include the various subscription modalities, provided they give the USER reasonable notice. Said modifications will affect new SUBSCRIBERS from the moment they subscribe, and already active SUSCRIBERS from the time conditions change, the moment they renew their subscription.

In the event that DIETOX decides to terminate any of its services due to business or other reasons, they will have to notify any USERS affected, giving reasonable notice, in order to give them the chance to end their subscription if they so desire, without incurring any additional expenses.

Fees & Payments

The price of each modality of subscription and the various modes of payment will be clearly indicated on the website. Any changes made by DIETOX to the subscription modalities and/or modes of payment will be published on this website and subscribers will be given reasonable notice. Modifications will affect new SUBSCRIBERS from the moment they subscribe, and already active SUBSCRIBERS from the time conditions change, the moment they renew their subscription.

The USER must cover the corresponding fee by their chosen mode of payment, from among those accepted, with the payment generally being made at the start of the subscription. The USER commits to covering the fee corresponding to their DIETOX subscription, accepting that in the event it is not possible for DIETOX to collect payment, the requested subscription will be denied or cancelled, if the latter was still active.

Moreover, in the event of non-payment, DIETOX reserves the right to take the necessary legal action to pursue fulfilment of the pecuniary obligations deriving from subscription. DIETOX can, whenever it deems it suitable, modify their subscription fees. Modifications to subscription fees will affect new SUBSCRIBERS from the moment they subscribe, and already active SUSCRIBERS from the time conditions change, the moment they renew their subscription.

Subscription type & term:

Monthly subscriptions: These subscriptions will renew monthly (monthly payment). Minimum term of 3 months.
Bimonthly Subscriptions: These subscriptions renew bimonthly (payment every 2 months). Can only be cancelled upon renewal.
Trimestral Subscriptions: These subscriptions will renew every trimester (payment every 3 months). Minimum term of 3 months.
All subscriptions will automatically renew unless otherwise indicated by the client. DIETOX will automatically charge the corresponding amount for the renewal of 1, 2 or 3 months, depending on the selected subscription type. The client will always receive email notification prior to payment processing.

Changes to your subscription

DIETOX will provide reasonable notice of any changes to the price and/or subscription type before processing renewals, so that should the USER no longer wish to continue said subscription, they can proceed to its cancellation, in accordance with the established terms in these conditions.

Duration of the Subscription

DIETOX will inform of any changes in price and/or subscription modalities prior to their processing and will give reasonable notice, so the USER can cancel, should he not wish to continue his subscription, in agreement with the terms established in the present conditions.

Subscriptions will automatically be renewed unless otherwise specified by the client. DIETOX will automatically charge the amount corresponding to a 2 to 3 month renewal of the subscription as applicable depending on the particular subscription modality, notifying the client in advance by email.

Cancelling the Subscription

Each subscription modality details the products included, as well as the frequency, duration, and price of said subscription. When it comes to frequency, it can be weekly, monthly or trimonthly; whereas the duration of the subscription can be either two or three months.

Subscriptions can only be cancelled after completing the first cycle of 2 or 3 months, as applicable, before the three days prior to any of the following deliveries. In such cases, and only if the first cycle of subscription has been completed, DIETOX will only charge for the next shipment. Refunds, when applicable, will be processed as quickly as possible.

For instance: If you sign up for a monthly subscription with a three-month duration, you’ll be able to cancel it at the end of the third month, in what would have been the first delivery of the renewal, the first payment. To cancel, you’ll have to give notice at least 3 days prior to the first delivery of the renewed three-month subscription. In the event a subscription is cancelled after being renewed, DIETOX will charge for and ship the next delivery, while refunding the difference and cancelling the subscription and any other deliveries or payments for good.

Modifying the Subscription

The USER can modify his subscription at any time while the latter is still valid. Modifying a subscription will in no case imply the reimbursement of any amount the USER may have covered in compensation for the products in his DIETOX subscription. In the event of modifying his subscription, the USER will have to first cancel his subscription as specified in the terms in these conditions, and then sign up for their new desired subscription modality.

WARRANTY: EXCHANGES, RETURNS & REFUNDS

Right of Withdrawal

The client will have, for non-perishables, a maximum period of fourteen (14) calendar days from the day of delivery to fully or partially withdraw from the purchase, in compliance with the applicable legislation.

After the fourteen (14) day period expires, DIETOX will not accept returns deriving from the client’s right of withdrawal.

To exercise his right of withdrawal, the USER must notify DIETOX of his intention to withdraw from the contract by sending (a letter or email, for instance) to the following postal address, Rambla de Catalunya 124, 4º-1ª, 08008, Barcelona, Spain, or to info@dietox.com, by phone on 0203 514 7285, or through our contact form online, and all before the aforementioned period expires. The user may use the sample withdrawal form provided at the end of these Conditions, although its use is not mandatory.

The USER will not be able to exercise his right of withdrawal in the applicable cases established by the legislation and, in particular in the following cases, including but not limited to:

Transport, food, or recreational services, when scheduled for a particular date or specific period;
Products made according to client specifications or clearly customised;
Services carried out with the agreement of the client and/or USER, prior to the conclusion of said fourteen (14) day period;
The provision of sealed goods not fit to be returned for health or hygiene reasons and which have been unsealed after delivery;
The provision of goods which, after delivery, and taking into account their nature, have been inseparably mixed with other goods;
The provision of goods that may deteriorate or expire quickly.

In order to withdraw from the purchase of a product, the following requirements must be met:

The product must be in the same condition in which it was delivered, and must retain its instructions, documentation, accessories, and to the extent possible, its original packaging and labelling;
Returns made to the supplier/manufacturer (DIETOX) must be done using the same box or envelope used for delivery or, in its absence, a similar format that ensures the products are received in perfect condition;
Proof of purchase and proof of delivery must be included in the package;
The USER will cover the shipping costs for returns.

The USER will get in touch with DIETOX to process the return, assuming the conditions governing returns, and exempting DIETOX from any responsibilities.

Conditions for Exchanges, Returns & Refunds

Exchanges and returns must be handled by email (info@dietox.com), or by phone on (0203 514 7285).

All exchanges and returns will be managed by DIETOX LAB through a courier service so that parcels or orders arrive adequately at the returns centre where suitability for the return, exchange or refund of the order will be checked. If the USER returns the order by means of any other courier, DIETOX will not be held liable for the loss, theft, or deterioration of the parcel, and does not commit to returning it or processing the refund.

If the product is eligible for a return under the aforementioned conditions, the purchase amount will be refunded to the client using the same mode of payment the order was placed with, and as quickly as possible.

If the product is eligible for an exchange, DIETOX will proceed to exchange the product for the new chosen product.

In the event the price of the new product is higher, the client will have to cover the difference in price by any of the modes of payment accepted by DIETOX.

If the price of the new product is lower than that of the original product, DIETOX will refund the difference through the mode of payment used when the previous order was placed.

In the event of receiving a return parcel with contents deemed unsuitable to be returned, or products that fail to meet the aforementioned conditions, DIETOX reserves the right to take any necessary actions to recover the amount owed.

Warranty

In the event of a defective product, DIETOX will proceed, as appropriate, to repair, substitute, mark down its price or terminate the contract, all of which shall be free of charge for the USER. DIETOX answers for any lack of conformity manifesting within a period of two years from the date of delivery. The USER will have to inform DIETOX of his lack of conformity within two months of learning about it.

Limitation of Liability

Dietox limits its responsibility to the following cases:

Selected products may not always look exactly as per displayed on the Web, due to a lack of image resolution, problems with the browser being used, or other similar reasons. Dietox puts in place all the necessary measures to assure our products are displayed correctly. However, we cannot be held responsible for any small differences or inaccuracies that may exist.
Dietox acts with the greatest diligence when providing the transport company with the selected products. However, we cannot be held responsible for any damages caused by the poor functioning of the transportation service, especially for reasons such as strikes, road congestion, and in general any other transport related issues which result in delays, loss or theft of the chosen products, technical faults due to acts of god or other similar reasons, which impede the normal functioning of the internet service, lack of space due to maintenance or any other reason which may impede service availability.
Dietox makes every means available for the purpose of carrying out the selection, payment and shipping process for the chosen product. However, Dietox may not be held responsible for any failure to perform caused by events outside our reasonable control, or due to an act of god or force majeure.

Rights Reserved

Dietox reserves the right to:

Deny registration to certain users, without the need to provide a reason.
Cancel or reject any order made by a client who has a current conflict regarding the payment of a previous order or appears to present any kind of risk.
Change the price of products. The purchase price will be the price applied at the moment in which the operation is closed.
Verify the personal information provided by the customer and take any necessary measures to verify that the registered person is the owner of the bank account or documents and cards used to make payment. This verification process may involve requesting proof of identity, address and/or bank documents. If the customer doesn´t respond to a request of this kind within two days following the initial request, the corresponding order will be automatically cancelled, without the possibility of making a complaint at a later date.
Suspend a user´s account if they are deemed to be misusing or abusing the system, performing fraudulent acts or any other actions that may cause harm to other users. In the event that Dietox, or any other entity professionally linked to Dietox, detects any anomaly or suspects that a user is impeding normal system performance by illegally altering its database using any technical or computerized procedure, or by committing any fraudulent acts which may contravene the transparency thereof, Dietox reserves the right to automatically suspend the account or withdraw any benefits they may have obtained, without further explanation, for all users who have benefited directly or indirectly from these fraudulent actions, in addition to exercising all the necessary civil or criminal actions that may correspond. Accordingly, Dietox declares to have put in place all the necessary mechanisms and technological support in order to detect any possible fraudulent, anomalous or malicious act which aims to tamper with the database and access DIETOX.
Modify the present Terms and Conditions at any time without prior notification. These changes will be published on the Web so that Users can consult them before continuing to use the Web. Consequently, users should read carefully these Terms and Conditions every time they use the Web. Using the website and/or services, once the applicable General Conditions have been changed, will mean the User automatically accepts the new terms.

Industrial and intellectual property

You acknowledge and agree that all copyright, registered trademark and other industrial and intellectual property rights concerning the material or content provided as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us. This does not prevent you from using this website to the extent necessary to make a copy of any order or contact details.

Typing errors

All information published by Dietox on any advertising platform, belonging to Dietox or a third party, with special reference to banners, e-mail or any other communication, and which contains any typing error, whether it be involuntary or due to manipulation by third parties, is devoid of any value, and in case of doubt, we recommend users confirm this information via the Dietox contact channels such as e-mail or telephone.

Links from our website

In the event that our Web were to contain links to other websites or third party materials, such links are provided exclusively for informative purposes, and Dietox does not have any control over the content on such websites or materials. Therefore, we do not accept responsibility for any harm or loss caused by their use.

Applicable Law and Jurisdiction

The use of our website and the Contracts for the purchase of items through such website will be governed by Spanish law.

Any dispute arising out of or related to the use of our website or these contracts will be subject to the jurisdiction of the courts of the user’s domicile.

WITHDRAWAL FORM

(Only complete and submit this form if you wish to withdraw from the contract)

For the attention of DIETOX LAB, S.L. acting under the commercial name DIETOX. I hereby notify you that I withdraw from my sales contract for the following goods […], ordered on [date] and received on [date], with reference number […]:

Consumer name:

Consumer address:

Consumer signature (only if the form is presented in paper format)

Date: