We invite you to review the general terms and conditions of purchase that govern the offer and purchase of BODY GENIUS® products through the online shop on this website.
By using this website, you are bound by these terms and conditions and we recommend that you read them carefully. If you do not agree to them, you should leave the website.
1. PRELIMINARY ARRANGEMENTS
These terms and conditions of purchase apply to all sales of BODY GENIUS® branded goods made through the mybodygenius.com website (hereinafter referred to as the "Website").
By placing an order, you warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
We reserve the right to cancel fraudulent, false or speculative orders, as well as orders that have been requested by a customer with whom there may be a difference/controversy over previous orders, or where there is reasonable doubt that the customer is in breach of any of the specified conditions of purchase or is participating in any criminal activity.
We may update these terms and conditions of purchase, as well as the legal notice, at any time. The user of the website can always consult and print the updated version of both texts by clicking on the links "Conditions of Purchase" and "Legal Notice".
1.1.Obligations of the user
As a user, you must provide BODY GENIUS® with all the information necessary to access and use the services of this website. This information must be accurate and up to date, and you agree that we may use it to contact you if necessary.
It is essential that you provide all the information that we classify as compulsory, otherwise we will not be able to process your order. We will not be responsible, in any case, for possible delays or failures in delivery as a result of error or omission of these data.
The user must make proper use of the services included on the website, always in accordance with the law and will not carry out any activity that hinders or interferes with its operation.
1.2. Security measures
We will use all reasonable efforts to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be secure from access by unauthorised recipients, and you will not hold us responsible for any failure of security unless it is due to our negligence.
You must also take reasonable security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of any loss, misplacement, theft, misappropriation, theft or unlawful access to your username and password or knowledge of them by any third party.
2.CONDITIONS APPLICABLE TO ORDERS
All the BODY GENIUS® products offered on this website are sold directly by Tac Osona Serveis, SL with CIF B64977713 and address at C Apl nº 14, 08560 MANLLEU (BARCELONA).
2.1. Purchasing procedure
To make a purchase, you can browse the website until you find the desired item. Once located, you can click on it to access all the detailed information offered on the website. From the product page, you can add the item to your purchase.
If this is the first time you are placing an order with us, the website will ask you to create a new user account to complete your purchase. To do this, you will need to enter an email address and password to create and access your account.
In the case of a user with an already created and active account, the system will request registration to complete the purchase process. You must enter your email and password and the system will recognise your details.
Once you have accessed your account, you will be able to continue the purchase process and, finally, confirm the order.
2.2. Coverage of the offer
The delivery zone for items purchased from the Website is limited to Spain (except the Canary Islands) and metropolitan France (except Corsica). By accepting the order, you confirm that you are a customer resident in one of these areas.
For any other delivery address, outside the areas described, you may contact Customer Services to request personalised attention for the delivery of these products.
2.3. Availability
You may consult the selection of items available for sale on our website.
In the event of unavailability of an item, this will be indicated on the product detail page of the website, as well as the pre-sale condition and the expected date of availability.
If, after the order has been accepted, any item included in the order is not available, you will be informed as soon as possible via the email or telephone number provided. In agreement with the customer, the product will be replaced by another product of the same value or a refund will be processed.
If you have any doubts about the availability of the products, we recommend that you contact Customer Services.
2.4. Contract with BODY GENIUS® and acceptance of orders
Once the order has been placed and payment has been made, to confirm the purchase, the system will send an e-mail to the user as acknowledgement of receipt and proof of acceptance of the order.
In the event that you do not receive this e-mail, firstly, you should check all the e-mail folders and/or check that the e-mail address of registration does not contain spelling errors. Secondly, you should check whether your credit card has been charged. If the payment has been made and you have not received the order confirmation, you should contact Customer Services.
The customer will be informed of any change of status in the process of preparing his order by e-mail.
2.5. Confirmation and cancellation of orders
Prior to the completion of the order on the Website, you will be able to review all the details associated with the order (amounts broken down into all the necessary headings - taxes, transport costs, selection of items, etc.), and you will be able to correct anything you deem necessary.
After the order has been confirmed, it will not be possible to change or cancel the order via the website. To request a change or cancellation of the order, the customer must contact our Customer Service. In this case, the order can only be modified or cancelled if it has not entered the preparation phase in our warehouse.
DISCOUNT CODES
The terms and conditions of use relating to any discount code will be specified at the time of issue. However, the following terms and conditions apply to all BODY GENIUS® promotions, competitions and discount codes (unless otherwise stated):
- Only one promotional code may be used per order.
- A promotional code cannot be applied after an order has been placed.
2.6. Currency, taxes and price
In accordance with current legislation, all purchases from our website will be subject to value added tax, with the exception of the Canary Islands, Ceuta and Melilla. The applicable rate will be that legally in force at any given time.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be considered exempt from VAT, without prejudice to the application of taxes and duties arising from the entry and exit of the product in these territories (according to current legislation), which must be paid directly by the customer to the logistics operator responsible for delivering the product.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the territory of delivery, as indicated in the previous paragraphs).
2.7. Method of payment and security
Any orders placed must be paid for immediately upon confirmation of the order. Only orders for which payment has been completed and verified will be processed.
Payment must be made by bank deposit, bank transfer, credit or debit card.
The buyer can pay for their order using the Redsys banking gateway of BBVA. With this payment method, the amount of the order will be charged to the customer's card, who must indicate the number, the expiry date and the CW2 security code (on the back of the card). If the card is secured, the relevant security codes will be requested.
This data will not be stored or manipulated by us, but will be registered directly with the payment gateway of the relevant financial institution. For added security, we will use a Secure E-Commerce Authentication Service, a system established by Visa / MasterCard / Eurocard, whereby the customer is authenticated by the issuing bank and the merchant is authenticated by the acquiring bank.
The charge will be carried out in real time through this payment gateway. In the event that the charge cannot be finally carried out (for whatever reason), the order will be automatically cancelled.
2.8. Deliveries: types, deadlines and problems
The order may be delivered to the address chosen by the customer (except at a post office box), within the delivery areas described in section 2.2. of this page and according to the conditions indicated in the delivery method selected by the customer.
Orders will be delivered to the address indicated by a logistics operator during normal working hours. If it is not possible to deliver the order due to absence or any other reason, the same logistics operator will arrange a solution to arrange a next delivery of the order by telephone, SMS message or email.
The usual delivery time is a maximum of 5 working days for Spain and a maximum of 6 working days for France, after confirmation of the order, although this time may be shorter.
The delivery time may increase during sales periods, Christmas campaigns or in the event of customs formalities or other circumstances resulting from (for information purposes only) geographical distance, weather conditions, wars, strikes, any form of government intervention, non-compliance by our suppliers, etc., as well as any other circumstance attributable to the logistics operator responsible for delivering the product. We are not responsible for any delays that may arise due to any of the aforementioned reasons.
If, at the time of delivery, the packaging of the order is damaged, the customer must open the package in the presence of the logistics operator to check the condition of the items. If any damage is found, it must be detailed on the delivery note and the customer must contact our Customer Service Department.
We will replace, at no cost to the customer, all items that have been damaged or lost during transport, provided that we are notified of the incident within a maximum of 3 days after receipt of the order.
2.9. Return, exchange and refund policy
2.9.1 Return policy
Once the order has been received, the customer may return any or all of the products received within a maximum period of 14 calendar days from the date of receipt of the order. The customer must request the return of one or more items by contacting Customer Service, where he/she will be informed of the steps to follow.
We will accept the return of all those products that we receive at our facilities in their original condition. Once received, we will verify that the items physically returned correspond to those requested for the return and that they have been received in perfect conditions of use, complete, in their original packaging and with no signs of having been used.
If the verification of the condition of the order is satisfactory, we will refund the amount paid for the item through the same payment method used when placing the order. Otherwise, we will contact the customer to resend the item(s).
We will not refund any shipping costs and the customer will be responsible for the shipping costs of returning the item(s).
2.9.2 Right of withdrawal:
The Customer shall have a maximum period of 14 calendar days from the delivery of the Product to communicate their total or partial withdrawal from the purchase, in accordance with the applicable legislation. The return made within this period shall not entail any penalty whatsoever. However, the Customer shall bear the shipping costs.
Download right of withdrawal form model
2.10. Product warranty
The guarantee period is two years, although this does not include defects caused by negligence, knocks, incorrect use or improper handling, etc. or materials that are worn out due to use. In the event of a defect caused by misuse, the repair will be billable after an estimate has been provided.
In those incidents that justify the use of the guarantee, we will opt for the replacement of the article, discount or refund, in the legally established terms. BODY GENIUS® will carry out exchanges or returns provided that:
Prior notification is given to our Customer Service Department within two months: This step is essential whatever the reason for the return. You can do this by contacting Customer Service by email, attaching a copy of the receipt or invoice and order number in the subject line of the email. We will tell you how to return the item.
The item to be returned must be correctly packaged for its return. The packaging must be in perfect condition and retain all its original accessories and instructions in order to be returned.
Failure to comply with the two-month deadline will not entail the loss of the corresponding right to compensation, although the customer will be responsible for any damages or losses actually caused by the delay in communication.
Commercial warranty: Manufacturers may offer additional warranties, the extent and duration of which differ according to products and brands. These warranties are exclusively at the expense of the manufacturer who is obliged to provide them.
Under the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in conformity with the contract of sale under the terms established therein (Article 114), whereby:
"The seller is obliged to deliver to the consumer and user goods that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product".
The warranty shall commence on the day of purchase, by virtue of the aforementioned article 123 of the Royal Legislative Decree.
3. PARTIAL INVALIDITY
Should any part of these conditions of service be unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties undertake to renegotiate those parts of the conditions of service which are invalid and to incorporate them into the remaining parts of the conditions of service.
4. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
BODY GENIUS® reserves the right to modify the general conditions of sale without previous warning, and to be able to change, suppress or add both the contents and services that are offered through the same and the way in which these appear presented or located on its servers.
The changes must be accepted by the user each time he/she makes a purchase through the website.
Customers who do not agree with the modifications to the general terms and conditions must notify us and, from the date on which the new version comes into force, must stop using the services of the website.
In the event that some of the terms of the general terms and conditions of sale are declared illegal or unenforceable by a court decision, the other provisions shall remain in force.
5. GOVERNING LAW AND JURISDICTION
This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain (Barcelona courts), without giving effect to the principles of conflicts of law.
In those cases in which the client is not a consumer or user, or is domiciled outside Spain, they will be subject to the Courts and Tribunals of Spain (Barcelona), expressly waiving any other jurisdiction that may correspond to them.
If the user decides to use or consult this site outside Spain, he/she must bear in mind that he/she does so on his/her own initiative, and that he/she is responsible for compliance with the relevant laws.
This contract shall enter into force and take full effect from the moment of acceptance by the client or user.
This contract and, therefore, the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, filed and reproduced by the usual electronic or computer means.