Purchase conditions
Legal notice.
To access our services, you declare that you are of legal age and that you have sufficient legal capacity in accordance with the Law.
Access and navigation on the website, or the use of its services, imply the express and complete acceptance of each and every one of these General Conditions of use contained in this Legal Notice, including the General Conditions and Contracting Individuals, regarding the purposes of processing the data you provide us. Please, we recommend that you read them carefully and if you have any questions you can contact us by email (pedidosweb@atikapharma.com ) or by phone (928 223 717) .
1.Holder.
In compliance with the provisions of Royal Legislative Decree 1/2007, of November 16, Consolidated Text of the General Law for the Defense of consumers and users, and other complementary laws, and by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the identification data of the owner are:
- ATIKA PHARMA, S.L.
- C/ Viera y Clavijo, number 30, 2nd,
- CP 35002-Las Palmas de Gran Canaria
- CIF B-42991190
- Registered in the Mercantile Registry of Las Palmas, in Volume 2260, Folio 190, Page GC 57,918 and 1st Inscription.
- Phone: 928 223 717
- Email: pedidosweb@atikapharma.com
2. Definitions.
In these Conditions, the following terms shall have the meaning indicated below:
- “ATIKA PHARMA” means ATIKA PHARMA, S.L. that markets its food supplements, and other products where appropriate, on the website of which it is the owner (https://atikapharma.com).
- “Client” means the natural or legal person with whom ATIKA PHARMA S.L. contracts the sale of product(s) from the website without creating a private profile.
- “User” means the Client who, in order to purchase the product(s), creates a private profile on the website through an electronic form, providing their personal data. This will allow you to not have to re-enter your personal data to place your orders in future purchases.
- “Product” means the product that ATIKA PHARMA, S.L. sells to Customer in accordance with the Agreement.
- “Contract” means the contract for the sale of the product between ATIKA PHARMA, S.L. and the Client, to which these General Conditions of Contract are incorporated.
- “Working day” means any day of the week except Saturdays, Sundays, December 24 and 31 and regional, regional and/or national holidays.
- “Conditions” means the rules by which the sale(s) of the product(s) are held and governed.
3. Conditions, purpose and scope of application.
The purpose of these Conditions is to establish and regulate the rules of use of the website (hereinafter, the “Website”) owned by ATIKA PHARMA, S.L. (hereinafter, "ATIKA") and the purchase of products in it.
This Contract contains the Terms and Conditions (and therefore the Legal Notice and General Conditions of Contract). We ask you to carefully read each and every one of the conditions before using the Web.
The access, navigation and use of the Web implies the express and unreserved acceptance of all the terms of these conditions of use, having the same validity and effectiveness as any contract concluded in writing and signed. Therefore, if you do not agree with all the conditions, you should not use our website.
These Conditions could be modified at any time. It is your responsibility to read them periodically, since the conditions in force at the time of use of the Web or the conclusion of the Contract will be those that are applicable to you.
ATIKA may offer, through the Web, services or products that may be subject to its own particular conditions that, depending on the case, replace, complete and/or modify these Conditions, and about which the Client will be informed. o User in each specific case. However, in case of disagreement with the Particular Conditions, the content of these General Conditions will always prevail.
Its observance and compliance will be enforceable with respect to any natural or legal person who accesses, browses or uses the Web. Therefore, we reiterate that, if you do not agree with the terms set forth, do not access, browse or use any page of the Web.
These Conditions are the only ones under which ATIKA contracts, and will be incorporated into the Contract to the exclusion of any other term or condition, including those indicated or cited in the Client or User's order and other Contract documents. These Conditions may only be modified with the consent of ATIKA, by means of a signed document that will be sent to the Client or User.
In addition to these Conditions, ATIKA's technical specifications and internal commercial terms will apply, regarding, among others, transportation, minimum orders or packaging, and which the Client or User may request from ATIKA at any time. These terms and specifications are incorporated into these General Conditions.
Once the Client or User checks the corresponding box in the purchase process, acceptance of these Conditions of Contract will take place, declaring and recognizing both parties their legal capacity and capacity to act, that the Client or User is older than age, as well as that they have previously read and understood their full content.
All communications with the Client or User by ATIKA will be carried out electronically.
ATIKA reserves the right to update the contents when it deems it appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients or Users who do misuse of the contents and/or breach any of the conditions that appear in this document. ATIKA informs that it does not guarantee:
- That access to the Web and/or the linked Web be uninterrupted or error free.
- That the content or software that Clients or Users access through the Web or the linked Web's does not contain any errors, computer viruses or other elements in the contents that may cause alterations in their system or in the documents electronic devices and files stored on your computer system or cause other damage.
- The use of the information or content of this Web or linked Web's that Clients or Users could make for their personal purposes.
The information contained in the Web must be considered by Clients or Users as informative and guiding, both in relation to its purpose and its effects, which is why ATIKA does not guarantee the accuracy of the information contained in the Web and therefore, they do not assume any responsibility for the possible damages or inconveniences for the Clients or Users that could derive from any inaccuracy present on the Web.
Any issue that has not been expressly provided for in these conditions shall be understood as reserved to ATIKA, without prejudice to the application of the provisions of current regulations
4. Use of the website.
The Client or User undertakes to use the Web, the contents and services in accordance with current legislation and this Agreement.
In the same way, the Client or User undertakes not to use the Web or the services provided through it for illicit purposes or effects or contrary to the content of this Agreement, harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services, or prevent normal enjoyment of the Web by other Clients or Users.
Likewise, the Client or User expressly undertakes not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others found on this Website.
The Client or User undertakes not to hinder the access of other Clients or Users to the access service through the massive consumption of computer resources through which the owner of the Web provides the service, as well as not to perform actions that damage, interrupt or generate errors in said systems.
The Client or User undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of the owner of the Website or third parties.
If for the use and/or contracting of a service on the Web, the Client or User should proceed to its registration, it will be responsible for providing truthful and lawful information.
If as a result of the registration, the Client or User is provided with a password, he/she undertakes to make diligent use and keep the password secret to access these services.
Consequently, the Client or User is responsible for the adequate custody and confidentiality of any identifiers and/or passwords that are provided by the Web, and undertakes not to assign their use to third parties, either temporarily or permanently, nor to allow its access to outsiders.
The Client or User will be responsible for the illicit use of the services by any illegitimate third party who uses a password for this purpose due to non-diligent use or loss of the password by the Client or User. By virtue of the foregoing, it is the obligation of the Client or User to immediately notify the Web managers of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access. to them, in order to proceed with their immediate cancellation.
5. How the website works.
ATIKA excludes all liability that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the electronic system, motivated by causes beyond the control of the owner of the Web.
Likewise, ATIKA also excludes any liability that may arise from delays or blockages in the operational functioning of this electronic system caused by deficiencies or overload in telephone lines or the Internet, as well as damages caused by third parties through illegitimate interference. outside the control of ATIKA.
ATIKA is empowered to temporarily suspend, and without prior notice, access to the Website due to maintenance, repair, update or improvement operations
6. Advertising and links.
ATIKA may authorize third parties in writing to advertise or provide their services through the Web. In these cases, ATIKA will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Web complies with the laws that may be applicable in each case.
ATIKA will not be responsible for any error, inaccuracy or irregularity that may be contained in the advertising or sponsor content.
On the Web you can find links to other websites through different buttons, links, etc., which are managed by third parties. ATIKA is not responsible for any aspect or content of the website of a third party to which a link is established from the Web.
7. Products and availability.
The products marketed on the Web are mainly food supplements in accordance with Directive 2002/46/EC of the European Parliament and of the Council of June 10, 2002 and Royal Decree 1487/2009. The products meet all the requirements demanded by these regulatory instruments, such as ingredients, labeling, presentation and advertising.
The Client or User must verify that the description of the product that they want to buy coincides with what they want and want to buy. ATIKA will try to make the photos clearly identify the product but cannot be held responsible for how the Client or User may interpret them. The photos of the products are indicative, being the important thing the name of the requested item that is clearly described on the Web and what will be sent if the purchase is made.
All product orders are subject to product availability.
If due to a lack of stock in the warehouse due to human, computer or logistical error, the order could not be fully or partially met, ATIKA will contact the Client or User via email or telephone, for the confirmation of the same and its subsequent shipment in a period other than the general period established in this policy, or to proceed with the total or partial cancellation of the order and refund of the total or proportional amount. The refund will be made through the means of payment used by the Client or User.
ATIKA, as a service provider for the Information Society, will file the electronic document in which this Agreement is formalized. Said electronic document will be accessible to the Client or User whenever requested by email sent to pedidosweb@atikapharma.com .
The language in which the contracting procedure will be processed and in which this Contract is formalized will be, unless otherwise indicated, Spanish.
8. Prices, offers and promotions.
All sales prices are shown in the currency Euros (€), and do not include the taxes that may correspond (VAT or I.G.I.C., where appropriate), nor do they include expenses that, where appropriate, may correspond to the shipment of products.
Depending on the type of product, the tax rates may vary.For food products, the current tax rate is 3% IGIC and 10% VAT, while for other products (creams, mouthwashes, etc.) the current tax rate is 6.5% IGIC and 21% VAT. In any case, the Client or User will be given a breakdown during the purchase process of the different tax rates that, where appropriate, may be applicable.
All these additional expenses will be expressly detailed in the shopping basket so that the Client or User can know the total cost of the product before proceeding with the payment. It is considered that when confirming the purchase the total cost of the product (price, taxes plus shipping costs) is expressly accepted.
The price of the product is the one in force at the time of purchase, once the content of the cart is accepted and the payment is made. The exposed prices can be reviewed and modified at any time by ATIKA, without this generating rights for those who have already made purchases. Therefore, the acceptance of the purchase determines the acceptance of the prices so that, even if the price changes at a later time, economic or other differences cannot be claimed.
ATIKA may launch offers, additional discounts and/or promotions, which will have a certain duration period, being in any case subject to the requirements or temporary or availability limitations expressly indicated in each specific offer.
ATIKA reserves the right to modify products, promotions, commercial conditions and prices at any time and without prior notice to the Client or User.
9. User and registration.
To access the purchase of products through the Web, the Client may register as a User through a form. Such registration is free and optional.
If the Client decides to register, he will become a User. In the registration form you must provide an email address and a password as access data, in addition to other personal data necessary and truthful for the proper functioning of the services that ATIKA provides through the Web (for example, address postal code, D.N.I./N.I.F., contact telephone number, etc).
You must be of legal age to register and make purchases on the Web. Registration to the Web by minors is prohibited. However, in the event of registration by a minor, it will be presumed that access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that ATIKA reserves the right to carry out as many verifications as it deems appropriate. .
The registered Client will obtain a personal and non-transferable User profile. Under no circumstances is the transfer of the registered User account between different people allowed, leaving ATIKA at the disposal of eliminating it as soon as such a circumstance is detected, without prejudice to the fact that it reserves the legal actions that may correspond.
ATIKA reserves the right to cancel the User's account, and may proceed to terminate this contract. In particular, the cancellation may be made as a Client and/or as a User in case of detecting the breach of any of the contractual obligations contracted in this act, as well as in case of observing a use of the Web and/or the account contrary to the general terms of use, the privacy policy of the Web and the uses of good faith accepted in the sector.
At any time, Users can request to be unsubscribed from the Web, simply requesting it by writing to pedidosweb@atikapharma.com, indicating your username and the specific service you wish to unsubscribe from
In any case, once the cancellation has been made, the User may request a new registration, with ATIKA reserving the right not to accept said registration or in the event of a conflict or controversy between the parties, to be resolved or completed with recognition of fault or negligence of the Client and/or damage to ATIKA, its collaborators and associates or its Users, Clients or potential Clients.
10. Purchase system, payment methods and shipping methods.
In accordance with the Legislation in force in Spain, specifically the provisions of article 27 a) of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the purchase of products of ATIKA will be carried out through the following steps:
Step 1.- Choice of the product:
The Client or User must choose the product that appears on the Web and that they wish to buy, incorporating it into the shopping cart. This cart can be reviewed at any time and the applicable taxes and shipping costs are already defined in it.
Once the products have been chosen and added to the shopping cart, from it you can view the content of your order (product, quantity and price), as well as the taxes and shipping costs that may apply. Likewise, you can proceed to the exit and payment gateway, or continue the visit through the Web.
Before proceeding with the payment, the Customer or User is informed of the products they buy, their prices, possible discounts, taxes, shipping costs that may apply, and the total amount of the purchase.
Step 2.- Indication of the shipping data:
After pressing the "Make purchase" button, a screen will appear in which the billing and shipping data must be entered, specifically name, surname, billing address, postal code, town, province, telephone and email are requested. . These data are necessary to send the order and may be different from the billing data, in this case having to fill in the same type of data that will be, in this case, for shipping and that the Client or User freely provides to ATIKA to fulfill the purpose product delivery. All personal data indicated with the symbol (*) are mandatory and essential for the provision of the service.
Once the data has been entered, a personal account can be created to facilitate subsequent purchases. If the Client creates a personal account, he will become a User, and in the following purchase procedures he will not have to enter his billing information again. That's the only advantage logging offers.
At this time, the screen shows the billing and shipping information, the products purchased with their amount, the amount of taxes, the shipping and handling costs that may apply, the total order and, then, It must be marked how the payment will be made, giving three options: by credit or debit card (Visa, Maestro and Mastercard), by Paypal, or by Stripe.
Step 3.- Indication of the payment method:
There are only three forms of payment: by credit or debit card (Visa, Maestro and Mastercard), by Paypal, or by Stripe.
When you opt for payment by credit or debit card, you will access the payment gateway.The Secure Electronic Commerce system is based on the Card Issuer (bank or savings bank) identifying the card holder before authorizing the payment over the Internet The payment and confirmation operation is carried out through the payment gateway of La Caixa TPV, which is adhered to the Secure Electronic Commerce (C.E.S) protocol. Your card details and password are protected by this security system from the moment they are entered. Once the identification is completed, La Caixa informs ATIKA that the purchase is being made by the cardholder, so that he or she can complete the process. If the identification has not been satisfactory, La Caixa informs ATIKA so that it can proceed accordingly.
The Client or User must notify the bank of any improper or fraudulent charge on the card used for purchases.
This paid sale is out of ATIKA's control, and La Caixa is responsible for any incident that may arise with it, and must contact said entity if it finds itself in this situation.
When Paypal is chosen, two options can be given: (i) the Client or User has a Paypal account in which case the transaction is made within Paypal; (ii) or that you do not have an account, in which case you are allowed to pay by credit card through the secure Paypal portal. In neither of the two cases does ATIKA access the bank details of the Client or User. Both forms of payment are secure and involve an effective and efficient confirmation of the order.
In any case, the purchase will only be effective when ATIKA receives confirmation of payment by the bank that owns the secure payment gateway. If the transaction is for any reason denied by said entity, or the full amount corresponding to the amount of the order is not provided (including surcharges for management fees and bank transfer fees), ATIKA will suspend informing the end customer that the transaction has not been terminated.
Step 4.- Final confirmation of the purchase:
When confirming the order and proceeding to its payment, the Client or User will receive a confirmation of the order placed within a maximum period of 24 hours, in the email address provided in the billing information. Once the order has been formalized, that is, with the acceptance of the above Terms and Conditions, ATIKA will always send an email to the Client or User within a maximum period of 24 hours, confirming the details of the purchase made.
In any case, before making the payment, it will be necessary for the Client or User to confirm the conditions of sale and the legal notice, the conditions of use and the data protection policy, whose contents can be accessed through the links that are provided during the process. It will not be possible to formalize the purchase if the Client or User does not accept previously these Conditions. By checking the box, you state that you have read the Conditions and agree with their entire content. If you have questions about them, you can send an email to weborders@atikapharma.com.
In accordance with Law 34/2002, of July 11, on services of the information society and electronic commerce, it will be understood that the payment of the corresponding economic amount supposes the consent required for contracting. In any case, the electronic support that appears in these contracting conditions executed electronically will be admissible as documentary evidence in case of dispute between the parties. In the same way, and in accordance with the provisions of article 27 of Law 34/2002, of July 11, on services of the information society and electronic commerce, it is made available to Clients or Users , prior to the start of the contracting procedure, all the information related to it that will only be applicable in the event that the Client or User decides to proceed with the contracting through ATIKA In the event that the Client or User requires an invoice, they must provide the NIF/CIF to ATIKA via email: pedidosweb@atikapharma.com. By accepting these Conditions, the Client or User expressly consents to receive the invoice electronically. Once the Client or User requests the invoice, ATIKA will send the electronic invoice to the email address provided within 5 business days. If you wish to receive the invoice on paper, you can contact ATIKA indicating the postal address to which the invoice will be sent. The Web uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these ends, the Client or User accepts that the provider obtains data for the purpose of the corresponding authentication of access controls. Any contracting process or that involves the introduction of personal data that will always be transmitted through a secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically. ATIKA has the highest security measures commercially available in the industry. In addition, the payment process works on a secure server using the TLS (Transport Layer Security) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Client's computer and that of the Website. In this way, when using the TLS protocol, it is guaranteed: ATIKA will accept order cancellations when requested as long as the order has not left our facilities, that is, before it is shipped. If the above condition is met, the refund of the payment will be made within a maximum period of 14 calendar days from the receipt of the notification of withdrawal or cancellation. The refund will be made using the same payment method used by the Client or User. Remember that credit cards can take several days, depending on each bank. To cancel, you must request it by email to pedidosweb@atikapharma.com indicating the order number and the reason. ATIKA may cancel orders in the event of typographical errors, erroneous or inappropriate prices and reserves the right to modify products, promotions, commercial conditions and prices at any time and without prior notice to the Client or User. The product(s) will be delivered to the place indicated by the Client or User when placing the order. ATIKA may make partial deliveries, issuing an invoice for each of said shipments. If the non-delivery was due to causes attributable to the Client or User, the latter must make the agreed payments as if the delivery had occurred. Shipments to the Peninsula, the Canary Islands and the Balearic Islands are managed through Farmavenix. Shipping is free for purchases over €20. For purchases less than €20, the shipping cost for the Consumer or User is €3.50. Shipments to destinations other than the Peninsula, the Canary Islands and the Balearic Islands will be previously assessed by ATIKA. In these cases, the Client or User must first contact ATIKA at the following email address: pedidosweb@atikapharma.com For shipments to the Peninsula, the Canary Islands and the Balearic Islands, delivery can take up to a week and a maximum of one month, and your order is insured by the transport company. Shipping costs will be €3.50 for purchases under €20 and will be free for the Customer or User for purchases over €20. For shipments outside the Peninsula, the Canary Islands and the Balearic Islands, the shipping costs will be assumed by the Client or User, and must be previously agreed with ATIKA at the following email address: pedidos@atikapharma .com . Shipments outside the Peninsula, the Canary Islands and the Balearic Islands, if ATIKA assesses and accepts them, are managed through Farmavenix. ATIKA is not responsible for customs expenses or the retention of the package by Customs in the place or country of destination. It is the responsibility of the Client or User to verify that the products purchased comply with all legal requirements at the local level. The Customs management must be carried out by the Client or User in all cases. Orders placed on Saturdays, Sundays, December 24 and 31 and local, regional, regional or national holidays will be processed the next business day. If the order is confirmed on a holiday, it will be processed the next business day. ATIKA has a maximum handling time of five (5) business days from the day after the order is confirmed. If ATIKA exceeds this handling time, do not hesitate to contact us by email pedidos@atikapharma.com . In any case, the Client or User will not have any right to compensation or discount, without prejudice to being able to request the cancellation of the order if the products have not left the ATIKA warehouse. Handling is understood as the steps that ATIKA carries out from the moment it confirms the order until it makes the package available to the courier service (stock confirmation, quality check, shipping data check, etc.). ATIKA is not responsible for the response times of the courier services. Parapharmacy products (medicinal products, not considered medicines), cosmetics, food and beauty products are perishable and consumer products and, therefore, do not have a guarantee if they have begun to be consumed or if they have been After the expiry period of preferential consumption that they have established, they have a return guarantee protected by law due to their nature of consumer goods.For this reason, once delivered to the Customer or User's address, returns will only be accepted in the event of any damage unrelated to the Customer or User, or a factory defect, always and when the product does not has been unsealed Where appropriate, the rest of the products marketed by ATIKA have the legally established minimum warranty period and will be that of the very nature of the product. However, and given the characteristics of commercial products, Customers or Users must bear in mind that these, since they are mostly food and parapharmacy products, have their corresponding expiration dates and preferential consumption, guaranteeing in any case, that at the time of marketing the products have a sufficient period for consumption. Given the characteristics of the marketed products, since they are medical and/or parapharmaceutical, food and/or dietary products, among others, it will be required to process any type of return that the products in question are in perfect condition, with the seals intact in such a way as to guarantee that the content of the product has not In the event that the marketed product shows any damage, please contact ATIKA immediately by email at the address pedidosweb@atikapharma.com , to indicate the procedure to return the product. To claim and enforce the guarantee, the Client or User can contact ATIKA within a general period of 2 years from the delivery of the product and always in accordance with the conditions and limitations set forth in the applicable regulations. If the defect or lack of conformity manifests itself after 6 months from the delivery of the product after purchase, the Client or User must prove to ATIKA that the failure, defect or lack of conformity already existed when the product was delivered originally existed. When a product does not conform, the Client or User may choose between its replacement or repair, without the Client or User being charged the expenses that these facts entail. In case of lack of conformity with the product received, the Client or User has the obligation to inform ATIKA within two months of becoming aware of it. To record the claim and begin processing the incident, the User must write an email to pedidosweb@atikapharma.com indicating the facts and you will be provided with the necessary instructions to attend to your request. The Client or User is expressly informed that, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the Client or User, depending on the product purchased, may return the product purchased on the Web up to 14 days after receiving the product, exercising their right of withdrawal. To request withdrawal, the Client must contact the telephone number 928 223 717 or by email at pedidosweb@atikapharma.com and submit the information requested for the withdrawal process Natural persons acting for a purpose related to their commercial, business, trade or profession, legal persons and entities without legal personality acting for profit in an area related to a commercial or business activity, nor will any other right recognized in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other laws complementary, as they do not have the legal status of consumer or user. The right of withdrawal shall not apply to contracts that refer to: (i) the supply of goods that may deteriorate or expire quickly; (ii) the supply of sealed goods that have been unsealed; (iii) the supply of goods that, after delivery and taking into account their nature, have been mixed inseparably with other goods. For reasons of health protection and hygiene, returns of food supplements are not accepted. These types of products are not suitable for being returned since control of their quality is lost. Return due to defective product: If the product sent is not a food supplement, in the event that the Customer or User receives the defective order, they have the right to return it and must notify ATIKA by sending an email to pedidosweb@atikapharma.com, describing the defect and accompanied by photos. ATIKA will contact the Client or User to indicate the steps to follow to make the change. In these cases, the return costs will be paid by the Client or User until it is verified by ATIKA that the damage was not caused by the Client or User. If it is verified that the order was indeed damaged, and that it was not caused by the Client or User, the product will be replaced and the expenses incurred with the return will be paid, provided that it has been made in accordance with the return instructions given by ATIKA. If the Client or User wishes to make an exchange for another item, the costs of the new shipment will not be assumed by ATIKA. If the shipment is made outside of Spain, the shipping and return costs of the returns will be borne by the Client or User in all cases. Exceptionally, ATIKA may, optionally, grant a discount on the price or the return of all economic amounts paid. In case of receiving the product with damage caused during transport, it is important that you take some photographs of the packaging and the damage that support a possible claim before the transport company Return for wrong product: In the event that a product has been sent that by mistake does not respond to the order, the Client or User must notify ATIKA within the first 24 hours after receiving the order. order by sending an email to pedidosweb@atikapharma.com, reporting the error in the shipment. Claims are not accepted after 14 days from receipt of the order. ATIKA will contact the Client or User to indicate the steps to follow in returning the wrong product and the control procedure will be initiated at ATIKA, verifying the stocks, batches, weights, verifying that the returned product has been in stock and other security measures that are in place to ensure that shipments are correct.Therefore, in these cases, until they are completely sure that it is an ATIKA error, the Client or User must return the wrong product and pay the return costs In the event that the error is verified by ATIKA, it will proceed to send the correct product and pay the return costs previously paid by the Client or User. Note: the wrongly shipped product must be in good condition and keep its seal intact. In case of being defective or having its seal open, ATIKA will not refund the amount for the return costs. If the shipment is made outside of Spain, the shipping and return costs of the returns will be borne by the Client or User in all cases. Returning a product for unjustified reasons: If the product sent is not a food supplement, in the event that the Client or User wants to return the product for unjustified reasons, they have 14 calendar days from the date of delivery of the order. ATIKA will indicate the steps to follow to return the product. After receiving and verifying that the product is in perfect condition and not unsealed at the ATIKA facilities, we will make the payment of the amount corresponding to the price paid by the Client or User at the time of purchase. The refund of the amount of the returned product will be paid in the same form of payment that the Client or User made the purchase within a maximum period of 14 calendar days after receipt of the returned product. In any case, ATIKA will not refund the amount or reship the product until the receipt and condition of the product, packaging and accessories of the item(s) being returned or exchanged have been verified. In case of return of the product for unjustified reasons, it is expressly reported that, by virtue of articles 97.1.j) and 108 of Royal Legislative Decree 1/2007, of November 16, Consolidated Text of the General Law for the Defense of consumers and users, it will be the Client or User who will assume the expenses and costs of returning the good. If the shipment is made outside of Spain, the shipping and return costs of the returns will be borne by the Client or User in all cases. ATIKA may suspend the execution of the Contract, without this implying any breach of contract for reasons of force majeure that hinder or prevent it, while they last. Among others, for merely illustrative and non-limiting purposes, force majeure may derive from the following events: a) Wars, whether declared or not, civil war, riots and revolutions, acts of piracy and sabotage; b) Natural disasters such as hurricanes, cyclones, earthquakes, tidal waves, floods or destruction by lightning; c) Explosions, fires, destruction of machinery, factories or any other type of installation; d) Boycott, strikes and lockouts, production stoppages, and occupation of factories and facilities; e) Acts of public authorities, whether legitimate or not, for which ATIKA has not assumed the risk under the Contract; f) Shortage of labor, energy or raw materials; g) Restrictions on communications; h) Delays or defaults of subcontractors. The Client or User may not assign, encumber or transfer in any way the Contract, nor the rights or obligations arising from it, without the written consent of ATIKA. ATIKA's rights in relation to the Contract shall not be understood as waived by the granting of postponement or other types of leniency, or by failure to exercise the actions derived from them. Without prejudice to its delivery and transfer of risk to the Client or User, the product(s) will be/are the property of ATIKA until the full payment of its price, and of any other amount owed by the Client or User to ATIKA. for any other reason (for example, shipping costs), even if it is not due Without prejudice to the rest of the obligations indicated in these Conditions, the Client or User undertakes: ATIKA is the owner or, as the case may be, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Web, as well as the intellectual and industrial property rights on the information, materials and contents of the Web. All the contents of the Web, including graphic design, source code, logos, texts, graphics, illustrations, photographs, and other elements that appear on the Web, unless otherwise indicated, are the exclusive property of ATIKA. In no case shall it be understood that the access, navigation and use of the Web by the Client or User implies a waiver, transmission, license or total or partial transfer of said rights by ATIKA. The Client or User has a right to use the contents and/or services of the Web within a strictly domestic environment. References to trademarks or registered trade names, or other distinctive signs, whether owned by ATIKA or third-party companies, implicitly prohibit their use without the consent of ATIKA or their legitimate owners. At no time, unless expressly stated otherwise, the access, navigation or use of the Web and/or its contents, confers the Client or User any right over distinctive signs included therein. All intellectual and industrial property rights over the contents and/or services of the Web are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form. , all or part of the contents included in the Web, for public or commercial purposes, if you do not have the prior, express and written authorization of ATIKA or, where appropriate, of the owner of the corresponding rights. In the event that the Client or User sends information of any kind to ATIKA or through the rest of the channels enabled for this purpose, the Client or User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property rights, industrial rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties. The Client or User acknowledges assuming responsibility, leaving ATIKA harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction the accuracy, legality, originality and ownership of the same ATIKA reserves the right to make changes to the Website, its policies and its terms and conditions, including these General Conditions, at any time. The Client or User will be subject to the Terms and Conditions in force at the time the order is placed, unless, by law or at the request of public authorities, a change must be made to said terms and conditions, policies or to the these Conditions. If any Condition of this document is null or voidable in whole or in part, by virtue of the applicable Law, it will be omitted from it without affecting the validity of the others. These Conditions are governed by the Law in force in the Kingdom of Spain. ATIKA and the Client or User, expressly waiving any other jurisdiction that may correspond to them, submit themselves for the resolution of conflicts to the Courts and Tribunals of the address of Las Palmas de Gran Canaria, unless the applicable regulations according to the case prevents the parties from submitting to a specific jurisdiction. This contract constitutes the complete and integral expression of the agreement between ATIKA and the Client or User, and replaces all previous pacts, commitments, statements or agreements, both written and oral, that have previously existed between both. The information provided by ATIKA is for informational purposes and, therefore, ATIKA does not assume any responsibility derived from the use of said information or content, such as the suitability of a product for a certain sanitary or health purpose. For more information regarding food supplements, ATIKA recommends you consult the following link of the Spanish Agency for Consumer Affairs, Food Safety and Nutrition ( AECOSAN). In compliance with Directive 2002/46/EC of the European Parliament and of the Council, of June 10, 2002, on the approximation of the laws of the Member States on food supplements, and Royal Decree 1487/ 2009, of September 26, regarding food supplements, ATIKA expressly informs that a food supplement should not be used as a substitute for a healthy, balanced and varied diet, nor does it serve at all to prevent, treat or cure a human disease . ATIKA recommends that you follow the recommendations for a healthy life published by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN). You have all these recommendations available at the following link. In no case does ATIKA carry out the promotion and/or marketing of medicines, this being an activity that, in accordance with current regulations, can only be carried out by pharmaceutical establishments. ATIKA does not make treatment recommendations, nor should they be considered as such. If you suffer from an illness, ATIKA strongly recommends that you consult your trusted doctor. You should always consult a health professional. In the event of any health problem and before using any food supplement, we strongly recommend that you consult your trusted doctor, pharmacist or nutritionist.Given the merely informative and indicative purposes of the information on this website, ATIKA will have no responsibility or obligation for the information contained on the website and the lack of prior consultation with a doctor, pharmacist or nutritionist 11. Security.
12. Cancellation of orders.
13. Delivery and shipping costs.
14. Legal guarantee of the products purchased.
15. Right of withdrawal.
16. Force majeure.
17. Assignment.
18. Waiver of rights.
19. Domain reservation.
20. Obligations of the Client or User.
21. Intellectual and Industrial Property.
22. Modification of the conditions of sale and nullity.
23. Applicable Law and Jurisdiction.
24. Sanitary clause