Conditions of use of the web site and terms and conditions for the contracting of products
When placing an order on our website, whose URL is https://www.smileatbaby.com (hereinafter, the "Website"), you enter into a contract with Smileat S.L. (), you enter into a contract with Smileat S.L. (''SMILEAT''). It is therefore essential that you read the terms and conditions presented in this document (the '' ''Conditions'' or the '''Conditions of Use''), which apply to the purchase of products offered on the Web and the use you make when browsing the same.
SMILEAT holds the following authorizations granted by the General Directorate of Public Health of the Ministry of Health of the Community of Madrid, which grants the Sanitary Registry number 26.016630/M, authorizing us for the distribution of prepared meals, cereal-based nutrition, and infant nutrition for infants and young children.
Identification:
Owner: Smileat, S.L.
Trade name: SMILEAT
Registered office: Calle Gran Vía 62, 5ª Derecha. SMILEAT. 28013, Madrid
Registry data: Volume 32.758, folio 124, page M-589638, 1st inscription
NIF: B-87144622
Email: info@smileatbaby.com
Phone: +34 692 058 770
Address for notifications: Calle Gran Vía 62, 5ª Derecha. 28013, Madrid
1. ACCEPTANCE OF THE TERMS OF USE OF THE WEBSITE
These Conditions regulate the use of the Web and are complemented by the privacy and cookies policy and the general conditions of use published on the Web.
By using the Web, you declare that you have read and accept these Terms of Use, and our privacy and cookie policy, where applicable.
SMILEAT reserves the right to modify the terms of the Terms of Use and the products and services included in the Website. In such case, SMILEAT will give sufficient notice of any modification to the Terms of Use and will proceed to publish the new version of the Terms of Use, automatically replacing the previous ones. The subsequent use of the Web, and the acceptance of the same will imply the unequivocal acceptance of the modifications introduced in the Terms of Use.
If the customer does not accept the Terms of Use or the changes that occur in them, the customer is free not to formalize the contract with SMILEAT, not making use, therefore, of the services offered through the Web.
2. ACQUISITION OF USER STATUS
By using the Website and browsing its contents and services you become a user of the Website and this implies that you fully accept all the Terms of Use of the version published by SMILEAT at the time you access it.
Access to the contents and public services of the Web will be free of charge and will not require registration on your part. However, in the event that you want to access content and services and / or forms that require data registration, you will do so by accepting our privacy policy, as indicated below.
To use and provide data through the Web, you must be of legal age and have full legal capacity to act, providing the data that SMILEAT will ask you through the registration form and which will be used by SMILEAT respecting the data protection regulations in force.
When completing the contact forms on the Web, all information you provide must be truthful, accurate and complete, ensuring the authenticity of all data you have communicated. Similarly, it will be your responsibility to keep all information provided to SMILEAT permanently updated so that it responds, at all times, to your actual situation. In any case you, as a user, will be solely responsible for any false or inaccurate statements you make and for any damages, of any kind, that you cause to SMILEAT or third parties for the information you provide.
3. TERMS AND CONDITIONS FOR THE CONTRACTING OF PRODUCTS
You will only be able to purchase and therefore create a contract with SMILEAT through the procedure described below.
3.1. Contracting procedure.
The contracting of the products offered by SMILEAT will be made through the Web, which will describe the product and the unit price for each of them.
Once you have chosen the product(s), you must add it to the shopping cart indicating the number of units you wish to purchase.
Once the chosen products have been added to the cart, you will be able to access the purchase summary, which you will have to accept by clicking on the ''buy'' button where the total price of each of the products purchased and the shipping costs will be indicated.
If you have a current and valid promotion code, it must be included at that time to benefit from the conditions resulting from its application. Only one promotion code can be used for each order.
If the order is correct, you will have to click on the "Finalize purchase" button and then provide your data.
- If you are a registered user, you must provide your user name and the password assigned to it.
- If you are an unregistered user, you must create an account on the Web. By entering your data you must give your informed, express, free and unequivocal consent for the personal data you provide to be processed by SMILEAT and accept, necessarily, our privacy and cookies policywhich regulates the obligations and rights of the parties with respect to such treatment.
Once you have entered your details, you will access "Order Information", where you can review the order details and shipping costs. Then, you will access to "Payment Information" and you will have to accept the terms and conditions of purchase and proceed to the payment of the order according to the option you choose.
Once the purchase has been finalized, we will proceed to analyze the purchase order to determine if it meets all the requirements for processing.
After verification, we will inform you whether we confirm the order and its shipment or refuse it because it does not meet SMILEAT's requirements. SMILEAT may refrain from processing orders that do not present sufficient guarantees of solvency, or that are incomplete or incorrect, or in the event that SMILEAT products are not available.
We will confirm the acceptance of the order through our communication channels to the contact information provided in the purchase procedure and we will inform you that the order will be shipped (shipping confirmation), within a maximum of 3 working days after we accept it.
Upon acceptance of the order, a document will be generated which will formalize your contract with SMILEAT (the ''Contract'').
3.2. Withdrawal and returns.
3.2.1. Withdrawal:
If you act as a consumer and user when placing an order on the Web, you will have 14 calendar days to withdraw in whole or in part from the Contract and return your order without justification, and provided that the nature of the purchased good allows it. In this sense, the exercise of the right of withdrawal will imply the obligation to return the product in the same condition in which it was purchased, that is, with its original packaging and label.
In case of total cancellation by you, SMILEAT will refund all the payment received, including shipping costs.
If you have placed an order consisting of more than one item and you wish to return only a part of it, we will refund the partial amount corresponding to the product to be returned without refunding the shipping costs as these costs are fixed and are paid per order placed and do not vary depending on the number of items purchased.
SMILEAT shipping costs are as follows:
- Peninsula Spain / Portugal:
Order less than 30€: 5,95€
Order over 30€: FREE
- Balearic Islands:
Order less than 30€: 9,95€.
Order over 30€: 5,95€
- Canary Islands, Ceuta and Melilla/ Azores and Madeira:
We do not ship
In this sense, if you have placed an order of more than 30€, thus obtaining a free shipping and later, you wish to return any item of that order, we will subtract a total of 5.95€ from the amount of the shipping costs because the order is less than 30€, and not resulting from it the free shipping costs.
3.2.2. Consequences of withdrawal:
In case you wish to exercise your right of withdrawal, we want to make the process easier for you and we provide you with two methods to do so:
Collection by SMILEAT: We will send a delivery person to the delivery address to pick up the order. This service will cost 5,95 €, which will be deducted from the amount to be returned.
2. Shipment to our warehouse:
SMILEAT S.L.
c/ Gran Vía 62, 5º Derecha.
28013 Madrid
In the latter case, SMILEAT will not apply any service cost, but the risk of loss or breakage of any of the products will be borne by the customer. It is important to note that in order to make a return by this method, it is necessary to inform SMILEAT in advance through our help center.
Once we have received the returned order and completed the verification of the products, we will proceed to reimburse the total amount of the order within 14 calendar days (two weeks). In case you have chosen the first shipping method, the amount of the return shipping will be deducted from the refund, which is 5,95 €. This refund will be made using the same payment method used for the initial transaction.
3.3. Wrong orders or defective products.
You have received the wrong or defective order, we are very sorry! Please contact us, in the following email info@smileatbaby.com, within a maximum period of 72 hours telling us what has happened and attaching photographs where you can see the breakage or defect of the product. Please note that photographs help us to improve our quality system, so we appreciate any graphic element that you can send us.
At this point, we will examine this information and we will contact you to make the refund if appropriate. This return will be made as soon as possible and in any case within 30 days from the date of communication of the incident. We will refund the amount corresponding to the items and shipping costs in the same way it was paid.
3.4. Change of address for delivery of the order.
If after placing an order, you need to change the delivery address, you will have a maximum of 2 hours to do it for free and without costs, otherwise, as a customer, you will assume the costs for the change of the delivery address. We will inform you of the delivery costs and we will manage the collection of these costs in the way we agree with you.
3.5. Transfer of ownership.
As a customer, you acquire ownership of the products at the time the Contract is generated. Responsibility for the products will be yours at the time of delivery of the order placed.
3.6. Shipments and deliveries.
Shipments of products will be made through courier companies with which SMILEAT has signed agreements. Your order will be delivered within a maximum of three (3) working days from the order confirmation.
Shipping costs will be specified and must be accepted before finalizing the purchase according to the procedure established by SMILEAT in the Conditions.
Orders will be shipped to the delivery address you provide in your registration form. In this sense SMILEAT will not be responsible in case the delivery address is incorrect or incomplete.
If you have not received your order within the above-mentioned period, you must inform SMILEAT through our Help Center. Help Center.
If we are unable to deliver, we will contact you to arrange a new delivery date. If at that time you wish to change the address and/or delivery method initially selected, the costs of such changes will be borne by you.
When your order is delivered, check that everything is correct. If there is any discrepancy or problem with the order you must contact SMILEAT within 72h through our Help Center leaving us your personal information and order number reflecting the discrepancy or problem and we will contact you shortly to solve the incident.
Product availability.
The products offered by SMILEAT on its website are subject to stock limits and availability. If any product is not available once the order has been placed, we will inform you as soon as possible. You will then be able to modify or cancel your order.
The price of the products will be the one stipulated at all times on our website.
SMILEAT reserves the right to modify the products offered on the Website at any time without prior notice. Such modifications will not affect, in any case, orders for which we have already sent you the shipping confirmation, which will be processed in accordance with the conditions in force at the time the order was placed.
3.8. Prices and method of payment.
Prices on our Web site are shown in Euros.
In accordance with current legislation, any purchase made from our website will be subject to Value Added Tax (VAT) or any other indirect tax. The shipping costs will be added in the summary of the purchase, before making the payment. The price of the products will be the one stipulated at all times on our website. SMILEAT reserves the right to modify the prices shown on the Web without prior notice. Such changes will not affect, in any case, orders for which we have already sent you the shipping confirmation, which will be processed respecting the conditions in force at the time of placing the order. SMILEAT accepts payments by credit or debit card, Paypal, Bizum, Apple Pay and Google Pay.
To protect the security of your credit or debit card payment, we use secure payment systems. Sensitive payment data is transmitted directly and encrypted (SSL) to the financial institution. When making the payment through a secure payment gateway, the system will automatically verify that the credit card is activated for Secure E-Commerce. It will then connect to the issuing bank, which will authorize the transaction.
The refund will be made using the same form of payment.
As a customer you allow us to send you the invoice in electronic format, although you have the right to prefer that we send it to you in paper format, in which case, you can click on the button provided for this purpose at the time of purchase.
4. PRIVACY AND DATA
To access the services and content and/or forms included on the Web that require the registration of your identification data, you must read and freely accept our privacy policy before providing your data; by accepting this privacy policy, you give your informed, express, free and unequivocal consent for the data you provide to SMILEAT to be processed by SMILEAT in accordance with the provisions of the applicable regulations in force.
5. COOKIES
SMILEAT may use cookies during the provision of services and content on the Web. All information about SMILEAT's use of cookies is collected and detailed in our Cookies Policy.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
SMILEAT owns and / or licensee of all information contained on the Web, graphic design, images, software, databases, indexes, source codes, trademarks, industrial designs, logos, service names and any other signs susceptible of industrial and / or commercial use, being protected under the provisions of the Intellectual Property Law, Trademark Law, and any others that may be applicable. Their availability and use does not imply, in any case, the transfer of any exploitation rights over them or the granting of a right of use in their favor or third parties who may access the contents of the Web illegitimately, so that any reproduction, copying, distribution, total or partial, marketing, public communication and transformation will require the prior written permission of SMILEAT.
It is prohibited to delete, manipulate, or in any way alter the "copyright" and other identifying data regarding the rights reserved by SMILEAT or its owners.
SMILEAT only assumes responsibility for the contents of its ownership, which will be identified with the symbol ©copyright. Notwithstanding the foregoing, SMILEAT assumes no responsibility for the misuse of the contents of the Web, being the sole responsibility of the person who accesses or uses them.
Nor do we assume any responsibility for the information contained in the websites of third parties that can be accessed by links or search engines from the Web, or the contents that come from external sources to SMILEAT, if included on the Web as they may not be updated or may be inaccurate. In the event that SMILEAT becomes aware of this, SMILEAT will do everything reasonably possible to ensure that such content is updated or rectified.
7. HYPER LINKS
No link may be established to SMILEAT's website from any other website without the express prior consent of SMILEAT. However, in the event that such hyperlinks exist from other websites or portals, it will not imply the existence of agreements, recommendation, promotion or identification of SMILEAT with the linked content or services, unless expressly stated.
8. USE OF THE WEB SITE AND LIABILITY.
Notwithstanding the foregoing, SMILEAT does not exclude its responsibility for the products supplied by it and includes all the food information required by the regulations in force. However, the suitability of the products purchased by you, especially with regard to health data, ingredients, etc. must be confirmed before consumption.
In general, the customer is obliged to comply with these Terms of Use and, where appropriate, the special warnings or instructions for use contained in the Web and to act always in accordance with the law, good customs and the requirements of good faith, using the appropriate diligence to the nature of the service you enjoy, refraining from using the Web in any way that may prevent, damage or impair the normal functioning of the same, the property or rights of SMILEAT, its suppliers, partners, other users and in general any third party.
SMILEAT provides access to various types of information on the Web, assuming the customer's responsibility for the use thereof. The customer agrees to make appropriate use of the content and services (such as blog services, discussion forums or newsgroups) that SMILEAT offers through the Web and by way of example, but not limited to, not to use them for:
1. Engaging in activities that are illicit, illegal or contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in apology of terrorism or in violation of human rights.
3. Cause damage to the physical and logical systems of SMILEAT, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Attempting to access and, where appropriate, use the e-mail accounts of other users and modifying or tampering with their messages.
SMILEAT reserves the right to remove from the Web all comments and contributions that violate the respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, SMILEAT will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.
SMILEAT disclaims any liability arising from the exchange of information between users through the Web.
The services offered on the Website will be offered without any consideration and only entail for you the obligation to comply with these Terms of Use. SMILEAT has no obligation to comply with certain levels of availability of the Website or to adopt specific security measures other than those mentioned above. Similarly, SMILEAT may suspend, withdraw or cancel part or all of the services not subject to contract at any time and without notice.
The internet connection required to access the Website is in no way provided by SMILEAT and is your responsibility. It is also your responsibility to take all appropriate technical measures to reasonably control these risks and prevent damage to your equipment, loss of data and theft of confidential information. For this purpose, you must have updated systems to detect malicious software, such as viruses, Trojans, etc., as well as have updated security patches for the corresponding browsers you use. For more information you can contact your Internet service provider who will be able to provide you with more information.
SMILEAT is not responsible and excludes its liability, to the fullest extent permitted by law, for any damages that may arise from, but not limited to (i) inferences, omissions, interruptions, computer viruses, faults and/or disconnections in the operation of this electronic system or in the devices and computer equipment of users caused by reasons beyond SMILEAT's control, which prevent or delay the provision of services and content or browsing the Web; (ii) delays or blockages in the use of the Website caused by deficiencies or overloading of the Internet or other electronic systems; (iii) actions of third parties through unlawful interference beyond the control of the Website and that are not attributable to it.
9. DURATION AND TERMINATION
The provision of the services of the Web have, in principle, an indefinite duration. However, SMILEAT may terminate the provision of services, cancel or unsubscribe you in case you breach any condition and/or obligation included in these Terms of Use.
SMILEAT, however, is authorized to terminate or suspend the provision of the Website at any time. In any case, SMILEAT will comply with the delivery of confirmed orders.
When it is reasonably possible, SMILEAT will notify, with the greatest possible advance notice, the termination or suspension of the provision of the Web service.
10. ASSIGNMENT
You may not assign the Agreement (in whole or in part) without the prior written consent of SMILEAT. However, SMILEAT may assign all or part of this Agreement to any entity that may in the future take over the provision of the services included in the Website.
11. CLAIM SHEET
At SMILEAT we have official CAM complaint forms available to our customers.
12. APPLICABLE LAW AND JURISDICTION
The present Terms are governed and construed in accordance with the current Spanish legislation. For any conflict that may arise, the User agrees to submit to the jurisdiction of the Courts of Madrid, except when the application of the law might result in another competent jurisdiction. Notwithstanding the above, the parties will do everything reasonably necessary to resolve conflicts amicably. Specifically, the User may use the online dispute resolution system for consumer matters in accordance with art. 14.1 of Regulation (EU) 524/2013. In this regard, the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.