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1. READ THESE CONDITIONS CAREFULLY
These General Conditions expressly govern the relationship between Yvan Menendez Bustillo, Av. Serra Aitana 16 bajo 2 03530, La Nucia, Alicante, Spain, with CIF 41744345N (hereinafter referred to as "Yvan Menendez Bustillo") and third parties (hereinafter referred to as "Users") who register as users and/or purchase products through the online store of the official website of Vitaly Max (http://www.vitalymax.com, hereinafter the "Vitaly Max" store).
2 . USER OBLIGATIONS
2.1 The User undertakes, in general, to use the Store, to purchase the Products, and to use each of the Store's services diligently, in accordance with the law, morals, public order, and the provisions of these General Conditions. The User must also refrain from using them in any way that may hinder, damage, or impair the normal functioning and enjoyment of the Store by Users, or that may harm or cause damage to the assets and rights of Vitaly Max, its suppliers, Users, or any third party in general.
3 . PRODUCTS AND PRICES
3.1 Vitaly Max reserves the right to decide, at any time, which Products are offered to Users through the Store. In particular, Vitaly Max may add new Products to those offered or included in the Store at any time, understanding that unless otherwise provided, such new Products will be governed by the provisions of these General Conditions. Likewise, Vitaly Max reserves the right to stop providing or granting access and use at any time and without prior notice to any of the different types of Products offered in the Store.
3.2 The Products included in the Store will correspond as faithfully as possible to the Products actually offered, as allowed by web display technology. The characteristics of the Products and their prices are displayed in the Store. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.
4 . PROCEDURE AND METHOD OF PAYMENT FOR PRODUCTS
4.1 Within a maximum period of twenty-four (24) hours, Vitaly Max will send an email to the User, confirming the purchase. This email will assign a reference code for the purchase and detail the characteristics of the Product, its price, shipping costs, and the data for the various payment options for the Products to Vitaly Max.
4.2 The User who purchases a product through the Store must make the payment using the payment systems specifically detailed in the Store.
4.3 Vitaly Max will archive the electronic documents formalizing the contract, sending a copy to the User after the purchase has been made. The contract will be executed in the Spanish language.
4.4 The order confirmation sent by Vitaly Max is not valid as an invoice, only as a purchase receipt. Vitaly Max will send the corresponding invoice for the Product along with the Product.
5 . RIGHT OF WITHDRAWAL
5.1 The user has a right of withdrawal, through which they may contact Vitaly Max via email at the following address: info@vitalymax.com and withdraw from the purchase within a period not exceeding seven (7) business days, counted from the receipt of the product. This return will be made in accordance with the instructions provided by Vitaly Max in response to the User's notification. The User must return the product within a maximum period of seven (7) days from the time Vitaly Max indicates the return method for reshipment. The right of withdrawal cannot be exercised if the Product is not returned in its original packaging or if the Product is not in perfect condition or has been opened.
6 . CUSTOMER SERVICE
6.1 For any incidents, claims, or exercise of their rights, the User can send an email to the address info@vitalymax.com.
7 . HOME DELIVERY SERVICE
7.1 The territorial scope of sales through the Store is exclusively for the territory of the European Union, so the delivery service will only be available for that territory. The Products purchased through the Store will be shipped to the delivery address provided by the User.
7.2 Vitaly Max's delivery service is carried out in collaboration with recognized logistics operators. Orders will not be delivered to hotels or other non-permanent addresses.
7.3 The cost of shipping is not included in the price of the Products. At the time of purchase, the User will be informed of the exact shipping cost.
8 . INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all elements of the Store and each of the Products, the information and materials contained therein, the trademarks, the structure, selection, arrangement, and presentation of their contents, and the computer programs used in relation to them are protected by intellectual and industrial property rights owned by Vitaly Max or third parties. The General Conditions do not grant the User any rights regarding such industrial and intellectual property rights other than those specifically provided for in these conditions.
8.2 Unless authorized by Vitaly Max or, where applicable, by the third-party holders of the corresponding rights, or unless otherwise permitted by law, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow public access through any means of public communication any of the elements referred to in the previous paragraph. The User must use the materials, elements, and information accessed through the use of the Store solely for their own needs, and must not directly or indirectly engage in commercial exploitation of the materials, elements, and information obtained through them.
8.3 The User must refrain from circumventing or manipulating any technical devices established by Vitaly Max or third parties in the Store.
9 . DATA PROTECTION
9.1 In compliance with Law 15/99 on Personal Data Protection (LOPD), we inform you that your personal data and other information provided through the registration form, as well as the data resulting from the transactions carried out, will be included and stored in a file for processing owned by Vitaly Max until its cancellation is requested. The processing will be used for the development and execution of the sale, personalized attention to the products and services you acquire, improvement of said attention, as well as for the promotion of our own products and services and those of third-party companies associated with Vitaly Max. Additionally, your data will be made available to the companies Correosexpress and Correos for the stated purposes. Yvan Menendez Bustillo will treat this data with the utmost confidentiality, being the sole and exclusive recipient thereof, and will not make transfers or communications to third parties outside those provided for by current regulations. The User expressly authorizes Yvan Menendez Bustillo, as well as the aforementioned entities, to send commercial communications, offers, and promotional contests, including through electronic means. □ Yes, I accept.
9.2 The User may exercise their rights of access, rectification, opposition, or cancellation at any time by contacting Yvan Menendez Bustillo, Av. Serra Aitana 16, 03530 La Nucia, Spain, or by sending an email to info@vitalymax.com, attaching a copy of their ID card or substitute identification document.
9.3 The fields marked with an asterisk (*) in the registration form are mandatory. Failure to complete them will prevent the purchase of the selected products.
10 . PASSWORDS
10.1 Vitaly Max will provide users who register on the website with personal passwords. These passwords will be used to access the services provided through the website. The user is solely responsible for keeping the passwords confidential and assumes any damages or consequences that may arise from the breach or disclosure of the password. For security reasons, the user may modify the telematic access password to the services linked to the website at any time. The user agrees to immediately notify Vitaly Max of any unauthorized use of their password or unauthorized access by third parties.
11 . COOKIES
11.1 Vitaly Max uses cookies to improve its services, facilitate navigation, maintain security, verify the user's identity, facilitate access to personal preferences, and track the user's use of the online store. Cookies are files installed on the computer's hard drive or in the browser's memory in the preconfigured folder determined by the user's computer's operating system to identify the user.
11.2 If the user does not wish to have a cookie installed on their hard drive, they must configure their internet browser program to not receive them. Similarly, the user can freely delete cookies. If the user decides to disable cookies, the quality and speed of the service may decrease, and they may even lose access to some of the services offered in the online store.
12 . APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish law. Any dispute arising from the interpretation or execution that may arise in relation to the validity, interpretation, compliance, or resolution of this contract will be submitted to the jurisdiction and competence of the Courts and Tribunals of the City of Alicante, with the user waiving any other jurisdiction that may correspond to them, as long as the applicable law allows it.
13. CHANGES AND RETURNS
We want you to be completely satisfied with your purchase. If, for any reason, you need to return an item, please carefully read the following conditions:
- Before making any returns, the customer must request acceptance and inform us of the problem in writing by email to: info@vitalymax.com.
- The deadline for any changes or returns is 14 calendar days from the date of receipt.
- All items must be returned in their original packaging to the address that will be provided by email.
- The shipping costs for returns and exchanges will be borne by the customer, and the return can be made through the shipping company of the customer's choice to the following address:
Av. Serra Aitana 16, 03530 La Nucia, Spain