Terms of service
In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/
CONTACT INFORMATION
Please send any questions regarding the Terms of Service to hello@supersentials.com
Our contact details are set out below:
SUPERSENTIALS - JAAD JORIO
hello@supersentials.com
Plaza del Tossalet, 15, local 4
03520 POLOP, Alicante - SPAIN
VAT Number: ESZ0065809B
RGSEAA Registration: 26.025553/A
OVERVIEW
Welcome to SUPERSENTIALS. The terms “we”, “us” and “our” refer to SUPERSENTIALS. SUPERSENTIALS operates this store and website, including all information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). SUPERSENTIALS uses Shopify technology that enables us to provide the Services.
These terms and conditions, and all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority under the laws applicable in your place of residence and that you have given consent for any minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing, browsing or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell or assign your account to another person, nor grant licences tied to that account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that colours or product appearance may vary depending on the device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is displayed in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit quantities of products we offer to any person, geographic region or jurisdiction, as applicable.
Our products are marketed as food supplements and must be used in accordance with the instructions on the product label. They are not intended to diagnose, treat, cure or prevent any disease. Information provided on our online stores does not replace professional medical advice. If in doubt, consult a healthcare professional before using our products.
SECTION 3: ORDERS
When you place an order, you make an offer to purchase. SUPERSENTIALS reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until SUPERSENTIALS confirms acceptance. We must receive and process your payment to accept your order. Please review your order carefully before shipment, as SUPERSENTIALS may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify in any way or cancel an order, we will attempt to notify you via the email, billing address or phone number provided when placing the order.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs clearance or import duties.
Prices posted in our online stores may differ from prices offered in physical stores, online or otherwise, operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made through our stores, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) your credit card company will honour the charges incurred by you; and (iv) you will pay the charges incurred by you at the posted prices, including shipping, handling and applicable taxes, if any.
SECTION 5. SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside of our control.
Risk of loss or damage passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by SUPERSENTIALS, its affiliates or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly stated, nothing in these Terms grants or should be construed as granting you any licence or other right in any patents, trademarks, copyrights or other intellectual property of SUPERSENTIALS, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. SUPERSENTIALS reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of SUPERSENTIALS are trademarks of SUPERSENTIALS, its affiliates or licensors. You must not use such trademarks without SUPERSENTIALS’ prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide you with access to customer tools offered by third parties that we do not monitor, control or have input into.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.
Your use of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant the accuracy of, third-party materials or websites you choose to access. If you choose to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or third-party website materials. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
SUPERSENTIALS uses Shopify technology to enable us to provide the Services. However, any sale and purchase made in our store is made directly with SUPERSENTIALS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and SUPERSENTIALS, including any injuries, damages or losses caused by products and services purchased. You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with SUPERSENTIALS.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing the Services, information you submit through the Services will be transmitted to Shopify and shared with third parties that may be located in countries other than your country of residence. For more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy.
SECTION 11: COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any media and for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to meet our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you have all necessary rights to all Comments; (ii) you disclosed any compensation or incentives received in connection with submitting Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) keep your Comments confidential; (2) pay compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You also agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We are not responsible for Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information in or on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Services is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm SUPERSENTIALS, Shopify or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, commit pharmaceutical fraud, engage in fraudulent misrepresentation, spidering, crawling or web scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any portion of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you may remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or by any visitor to the Services, or by anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED BY SUPERSENTIALS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, LIMITATIONS OR DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES ARE NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Nothing in these Terms limits the consumer’s mandatory statutory rights under applicable law.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SUPERSENTIALS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Nothing in these Terms shall limit or exclude liability where such limitation or exclusion is not permitted under applicable law, nor shall it affect the consumer’s mandatory statutory rights under applicable regulations.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless SUPERSENTIALS, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, payable to any third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice shall not relieve you of your obligations unless you have suffered material prejudice. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, for example by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms together with the rights and obligations arising from them without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with Spanish law.
If you are acting as a consumer and reside in the European Union, you may also benefit from the mandatory provisions of the law of your country of residence.
For the resolution of any dispute, the parties submit to the courts and tribunals of the consumer’s place of residence or, failing that, to the courts and tribunals of Alicante, Spain, in accordance with applicable law.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.