General Contracting Conditions

• Has read and understands the contents.
• Has the legal capacity necessary to enter into this contract.
• Assumes all obligations contained herein.

The first party, the provider of goods or services contracted by the USER, is NOOTRIC S.L., whose registered office is at C/Mossen J. Verdaguer 6-8 S 3a, 08940 Cornellá de Llobregat - Barcelona, Spanish Tax Number B66690280, listed in the Trade Register of Barcelona, Volume 45190, Book 52, Sheet no. B-479758. To contact Nootric S.L., the following email address can also be used: support@nootric.com.

And the second party, the USER, registered on the website by means of a username and password, for whose use and safeguarding he/she has full responsibility, and who is responsible for the veracity of personal data supplied to the PROVIDER.

The purpose of the present contract is to regulate the contractual relationship between the PROVIDER and the USER, created when the USER checks the corresponding box during the online contracting process.

The contractual relationship entails the provision of a specific service, in exchange for a particular price which is publicly displayed on the website.

1. General contracting conditions.
2. Purchasing process.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Important disclaimer of liability.
7. Competence.
8. General aspects of the offer.
9. Price and validity of the offer.
10. Payment method, expenses and discounts.
11. Cancellation.
12. Applicable legislation and jurisdiction.

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the USER’S acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

In order to access the services offered by the PROVIDER, the USER shall freely and voluntarily supply the personal data required of him/her (name and email address), which shall be handled in accordance with personal data protection legislation, under Regulation (EU) 2016/679, of 27 April 2016 (GDPR) and Organic Law (ES) 3/2018, of 5 December (LOPDGDD), relating to the protection of natural persons with regard to the handling of personal data and the free circulation of such data, as detailed in the Legal Notice and Privacy Policy on this website.

Nutritional plans will be charged by subscription, on a weekly, monthly, two-monthly, three-monthly basis etc., depending on the billing period chosen or available at that moment, via the payment method chosen at the time of contracting the service.

In the case of subscriptions contracted with a trial period, this may only be used once and may not be used in accumulation with any other promotions or offers. The PROVIDER reserves the right to cancel trial periods of users who have used them more than once. Subscription payments shall begin upon termination of a trial period, at the billing frequency chosen.

The USER has a period of fourteen calendar days, starting from the date on which the service is contracted, to withdraw and receive reimbursement (Article 71, Law 3/2014 of 27 March).

Taking into account the digital format in which the purchased products are supplied, in accordance with the exception contained in letter M) of Article 103 of the General Law on Consumer and User Protection (Spanish Royal Legislative Decree 1/2007, of 16 November), the right of withdrawal shall be waived when the purchaser of a nutritional service has accessed the premium content via the application.

If the purchaser has not accessed the premium content on the application, despite having paid for such a service, the purchaser may withdraw from the contract within a period of fourteen calendar days after contracting the service, without needing to give any reason.

The right of withdrawal will not be applicable to personalized services, or those to which, for reasons of hygiene or other exceptions set out in law, this right does not apply.

To claim the right of withdrawal, the USER shall contact support@nootric.com explaining the details of the service. The PROVIDER will reimburse payments made by the same means of payment used by the USER in the initial transaction.

Our diets are intended for the purpose of wellbeing, and are in no way intended to treat health problems. Our Service is not a substitute for medical advice. Consult a doctor if you have any health problem.

While we will of course take reasonable care when preparing any diet for you, we cannot guarantee that this will produce any particular result.

Any content we put at your disposal as part of our Service is intended to be general information, but we cannot guarantee that it will be accurate or suitable for your particular circumstances. Trusting this information is under your own responsibility.

You must ensure that any contact details or other information that you provide us is accurate and not deceptive, and it must be kept up to date. For example, you must provide all details of any allergy or medical condition that could be relevant for your diet.

It is your responsibility to follow all diets we provide you, and to provide opportune and appropriate comments.

It is your responsibility to make your own backup copy of the Data entered into the Service, to protect this material in case of loss or damage. We are not responsible for any loss or damage of data.

The PROVIDER will not be responsible for the lack of use of services on the part of the USER for reasons beyond the PROVIDER’S control.

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the purchase.

If any stipulation of the present conditions were to be considered null or impossible to fulfil, the validity, legality and fulfilment of the rest of the conditions would not be affected in any way, nor undergo any kind of modification.

The USER declares that he/she has read, understands and accepts the present General Conditions in full.

All sales made by the PROVIDER are understood to be subject to the present General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of NOOTRIC S.L. or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER. In this case, these particular agreements shall prevail.

Given continuous technical progress and improvements to the services, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as it does not affect the value of the services offered.

These modifications shall also apply in the event that the possibility of providing the services offered is affected for any reason whatsoever.

The prices of services and packs are set out in the “See prices” section of this website. The retail price of services includes VAT and all other taxes. Prices are displayed in the currency indicated at that moment, and are valid except in the case of misprints. Should the price shown for the service be a manifest error, the price that prevails shall be that established for the same service in the email which we will send when we detect the error.

Before completing your purchase, all the details of your order may be checked online: services, quantities, price, availability, costs, charges, discounts, taxes and the total amount of your purchase.

For any information about the order, the USER may contact the following email address: support@nootric.com.

The PROVIDER accepts the following payment methods for orders:

• Credit card: no discounts or fees shall be applied.
  
  Payment by credit card is provided by STRIPE. The terms and privacy policy may be checked on the following links:
  https://stripe.com/es/checkout/legal
  https://stripe.com/es/privacy

The PROVIDER’S services are renewed periodically. You will be informed of the period during the contracting process. The subscription may be canceled at any time, and the fees for the following periods will not be charged. Cancellations are not guaranteed to come into effect within 3 days, for reasons beyond the control of the platform, and depending on the payment method used. This may lead to additional fees being charged.

The USER may cancel the subscription whenever he/she wishes, automatically, via the application, using the corresponding link in the My Subscription section. The subscription will remain active until the end of the billing period, at which point the services of the nutritionist or coach will be suspended, and access to previously contracted services removed. No refunds will be provided for renewals made due to the user not canceling the service by the aforementioned means.

The PROVIDER’S meal plans work for the majority of people, but the quality of the service depends not only on the PROVIDER, but also on the motivation and commitment level of the client when using the plan. Therefore, the PROVIDER does not provide refunds in cases when a meal plan fails to produce the desired results, or does not suit the client’s personal circumstances.

No refunds will be provided for services which are not used by the user.

Anything not expressly covered in these conditions shall be governed and construed in accordance with Spanish law. The PROVIDER and the USER agree to submit any dispute arising out of or related to the subject matter of this agreement to the Courts and Tribunals of the USER’S domicile.

In the case of a USER living outside Spain, the PROVIDER and the USER agree to submit to the Courts and Tribunals closest to the city of BARCELONA (Spain).