Terms & Conditions

1. Identification data of the owner

These general terms and conditions of sale regulate in an integral way all the sales transactions that can be offered, lent or carried out from the on-line store located on the website www.santamadreco.com which WE ARE UNUSUAL S.L. is the owner, (hereinafter Santa Madre · Unusual Food), We are a company Registered in the Mercantile Registry of Alicante, in volume 4357, folio 110, section, sheet 17341, 1st inscription. C.I.F. B-42810515

2. The user

The access, navigation and use of the website, confers the condition of user, so they accept, from the beginning of the navigation through the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the website. This responsibility shall extend to:

• Make use of the website only to make inquiries and legally valid purchases or acquisitions. 

• Do not make any false or fraudulent purchases. 

• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data.

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through the website.

The website is mainly aimed at Users residing in Spain.   Santa Madre · Unusual Food does not ensure that the website complies with the laws of other countries, either in whole or in part.

3. Applicability of the general conditions

These Conditions of Sale will apply solely and exclusively to entrepreneurs and professionals, in no case for people who hold the status of final consumer.

In order for users to hold the status of Client, they must meet the following requirements:

1. Be a professional and/or entrepreneur.

2. Act for a purpose related to your commercial, business, trade or profession.

4. Purpose

These conditions will regulate the use of the website  www.santamadreco.com which Santa Madre · Unusual Food made available to its users and customers.

These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce and Law 7/1998 on General Contracting Conditions. Santa Madre · Unusual Food may modify them without prior notice, so that it recommends a periodic consultation of them, even more so when you are preparing to make effective use of your online store located on the website Santa Madre · Unusual Food. However, Santa Madre · Unusual Food always undertakes to have them updated, to publish the latest version and to allow their access and printing at any time.

It makes available to Users the following products (hereinafter indistinctly "the Products"):

Energy Gels

Energy Bars

Energy Gummies

Isotonic Drinks

The Products offered by Santa Madre · Unusual Food will be indicated on the website, with an indication of their characteristics and final price (indirect taxes, expenses and price of additional services included), being therefore available to the User prior to their request for services. The contracting of any of the products offered by Santa Madre · Unusual Food will imply that it will only be obliged to comply with the General Conditions of Contracting established herein, in accordance with the products described.

You can only respond for or in connection with the provision of the products if the defects or irregularities are a direct consequence of any intentional, culpable or negligent act directly and exclusively attributable to Santa Madre · Unusual Food.

The territorial scope of provision of services shall coincide with the territorial scope described in Santa Madre · Unusual Food.

5. Conditions of access and purchase

Access to the website of Santa Madre · Unusual Food is free and attributes to the person who makes it the condition of User, regardless of the subsequent use of the services offered.

The acquisition of the products in Santa Madre · Unusual Food can only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchase process, consistent, by way of example only:

(i) Completion of the registration form or the identification form of previously registered users;

(ii) Display on the screen of the order summary, delivery conditions and shipping costs, if any;

(iii) Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where appropriate, of the existing Particular Conditions and

(iv) immediate receipt of summary email in the account used in the registration or – failing that – in the shortest possible time and always before the following twenty-four hours.

6. Orders

No valid order can be placed without expressly accepting, through the boxes enabled for this purpose, the terms and conditions and the privacy policy of Santa Madre · Unusual Food. 

All orders will be considered purchase offers subject to these terms and conditions.   Santa Madre · Unusual Food reserves the right to accept them if the requirements set forth in them are not met.

Once an order has been placed, the system automatically generates proof of receipt of the order. However, this confirmation does not imply the automatic acceptance of the order, since Santa Madre · Unusual Food reserves the right to collect additional information, related to identity and address to guarantee both a correct shipment of the order, and to ensure the absence of fraud related to transactions.

Orders can be placed 365 days a year, at any time, except at times when the service is suspended due to maintenance or other commercial and / or force majeure circumstances.

Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or not having enough stock, the user will have the option to wait until the product is available or cancel the order. 

7. Delivery

Delivery shall be deemed to have taken place at the time when the user or a third party indicated by him acquires material possession of the products.

The delivery time for the order will vary according to the selected shipping method and will be indicated on the website once the order confirmation is obtained, in any case it will not exceed 30 days from the date of the order confirmation. In case the delivery date cannot be met, we will inform the user of this circumstance and will be offered the option to proceed with the purchase by setting a new delivery date or the possibility of canceling the order obtaining a full refund of the price paid.

If the recipient is absent at the time of delivery, a notice will be left so that he can pick up the shipment at the place and within the deadlines indicated. After the deadline has elapsed without the collection taking place, the shipment will be returned to .

Orders always travel at the expense and risk of the user/customer. Any additional expenses not foreseen in our rates (maritime packaging, special methods of unloading, shipments by baggage regime, plane, etc.) will always be at the expense and risk of the user / client.

The transport will be carried out by an external transport company that will make the deliveries on behalf of Santa Madre · Unusual Food and will track the orders with the relevant security control measures.

8. Price and payment

It is understood that the price of each product is the one that will appear on the website at the time of placing each order or according to the particular agreement reached by the parties for a specific Order. The user must pay the marked price, including the applicable taxes, along with the shipping costs, which will be added to the final price to be paid. 

Prices may be modified by Santa Madre · Unusual Food at any time and without prior notice without affecting orders already confirmed. However, even confirmed, Santa Madre · Unusual Food will not be obliged to take orders when the price is incorrect, especially when the error is manifest and easily recognizable.

The accepted means of payment are: 

Credit card

PayPal

Amazon pay

Santa Madre · Unusual Food reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user / client of Santa Madre · Unusual Food being able to make claims for this reason. However, if the change in the payment method affects an order already placed, from Santa Madre · Unusual Food we will contact the user / client to inform him of said change, offering him the option to cancel the order if he considers it convenient.

9. Returns, repairs

The user/customer enjoys the right to return all products purchased on the Website provided that he communicates it to Santa Madre · Unusual Food within a maximum period of fifteen 15 working days from the date of delivery and meets the following conditions:

• The product is in the same condition in which it was delivered, it must keep its original packaging and labeling.

• The return is made using the same packaging with which the delivery was made or failing that, with a similar format that guarantees the return in perfect condition.

• Contact the Customer Service in advance, where a claim number will be provided to follow up on the process.

In the case of returns for defective products covered by the warranty or causes attributable to Santa Madre · Unusual Food, the return service will be free of charge. In such a case, Santa Madre · Unusual Food will refund the product and the corresponding shipping costs;  partial returns and cancellations will result in partial refunds. In cases of return not attributable to Santa Madre · Unusual Food, the shipping costs will be borne by the user / customer who will be previously informed.

10. Right of withdrawal

As the user/client is considered an entrepreneur for the purposes provided for in the General Law for the Defense of Consumers and Users, the right of withdrawal does not apply .

11. Warranty

Santa Madre · Unusual Food undertakes to respect the legal guarantee of the products and services offered on its website as stipulated in the applicable legislation. 

12. Customer Service

Santa Madre · Unusual Food has a customer service so that the User can manage their claims, doubts, or can request guarantees.

The User can direct their complaints, claims or requests for information to the Customer Service of Santa Madre · Unusual Food, using any of the following channels: 

Form
Email
Telephone

All doubts and especially complaints and suggestions will be addressed as quickly as possible, without exceeding in any case the deadlines established by current legislation.

Likewise, you will have proof of them by delivering a written receipt, on paper or on any other durable medium.

13. Technical means to correct errors

The User/client is informed that in the event that he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Santa Madre · Unusual Food using the contact details provided in the first clause (General information) and / or through those enabled to contact the service of customer service. Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

14. Protection of personal data

Santa Madre · Unusual Food, is responsible for the processing of the User's personal data and informs you that these data will be treated in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) on the protection of natural persons with regard to data processing personal and the free movement of these data, so you are provided with the following information of the treatment:

End of treatment:

Maintain a commercial relationship with the User. 

Data collected:

The personal data collected on this site are as follows: 

• Account opening: when creating the user's account,  email address, 

• Login: when the user connects to the website, he records, in particular, his surname, first name, access data, usage data, location and payment data.

• Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number.

• Payment: as part of the payment of the products and services offered on the website, the financial data relating to the user's bank account or credit card are recorded.

• Communication: when the website is used to communicate with other members, data relating to the user's communications are temporarily stored.

• Cookies: Cookies are used when using the site. The user has the possibility to deactivate cookies from the configuration of his browser.

Use of personal data

The purpose of the personal data collected from users is to make the services of the website available to them, improve them and maintain a secure environment. More specifically, the uses are as follows:

• access and use of the website by the user;

• management of the operation and optimization of the website;

• organization of the terms of use of the Payment Services;

• verification, identification and authentication of the data transmitted by the user;

• proposal to the user of the possibility of communicating with other users of the website;

• implementation of user support;

• personalization of the services by displaying advertisements based on the user's browsing history, according to their preferences;

• fraud prevention and detection, malware (malicious software) management and security incidents;

• management of possible conflicts with users;

• the sending of commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third parties in the following cases:

• when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;

• when the user posts publicly accessible information in the free comment areas of the website;

• when the user authorizes the website of a third party to access their data;

• when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

• if required by law, the Website may transmit data in order to file claims against the Website and comply with administrative and judicial procedures;

Security and confidentiality

The website applies organizational, technical, software and physical measures in terms of digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and that the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementing user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by directing their request to the following address Santa Madre · Unusual Food or to the email Santa Madre · Unusual Food.

Right to withdraw consent at any time.

Right of access, rectification, portability and deletion of your data and the limitation or opposition to its treatment.

Right to file a complaint with the supervisory authority (agpd.es) if it considers that the treatment does not comply with current regulations.

15. Language of the contract

These general conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text will prevail in the event of a dispute.

16. Applicable law

The user undertakes to make correct and appropriate use of the services and the website of Santa Madre · Unusual Food in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with the other conditions, regulations and instructions that, where appropriate, may apply.

These general conditions of contract are governed by Spanish law, with the Spanish Courts and Tribunals being competent to hear any questions that may arise in relation to interpretation, application and compliance. The User expressly waives any different jurisdiction that, by application of the current Law, may correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of the domicile of Santa Madre · Unusual Food.