Terms and Conditions

Ganbatte Superfoods puts at your disposal an online shopping service that will allow you to buy the items available in our online store.

Next, we invite you to review the general conditions of sale (hereinafter, "CGV" or "General Conditions of Sale") that regulate the conditions by which the use of this Website and the purchase or acquisition of products are governed. through the website www.ganbattesuperfoods.com (the “ Website ”). In this sense, the use of this Web Page constitutes, in that which is applicable, your acceptance of these general conditions of sale. However, if you have any questions about them, you can contact our Customer Service.

These general conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Royal Legislative Decree 1/2007, of November 16, by that the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.

ARTICLE 1 - General and contact information

The ownership of this Web Page is held by Ganbatte Superfoods, a commercial entity of Spanish nationality, with CIF 05445895R, registered in the Spanish Sanitary Registry

Ganbatte Superfoods with CIF 05445895R
Calle de la Caliza 8, 2C, Galapagar, 28260, Madrid
Email: info@ganbattesuperfoods.com

ARTICLE 2 - Purpose

The purpose of these CGV is, on the one hand, to inform potential buyers of the conditions and modalities in which Ganbatte Superfoods proceeds to the sale and delivery of the requested products and, on the other, to define the rights and obligations of the parties in the framework of the sale of products by Ganbatte Superfoods to the customer (hereinafter, the "Buyer"). These CGV will be applied, without any restriction or reservation, to all sales of products that Ganbatte Superfoods offers through the Website.

Consequently, the fact of placing an order for products offered for sale on the Ganbatte Superfoods Website implies for the Buyer full and total acceptance of these CGV, knowledge of which prior to placing the order is recognized by the Buyer.

Ganbatte Superfoods reserves the right to unilaterally modify these CGV at any time. However, the CGV applicable to the Order will be those that the Buyer has accepted at the time of placing the Order.

These CGV will be completed with the general conditions of use of the Website and with the provisions of the Privacy Policy and the Cookies Policy.

ARTICLE 3 - Formalization of the contract and orders

3.1 Fees

The sale price, indicated in euros, of the products offered on the Ganbatte Superfoods Website will be the price in force at the time the order is placed (hereinafter, “Order”. Order is understood to be what is described in point 3.4 of these CGV). The sale price of the products that appears on the Website may be modified at any time by Ganbatte Superfoods, the price that will be applied to the purchase being the one that appears on the screen at the time the Order is placed. This price will be applicable in the context of distance selling.

Ganbatte Superfoods will make its best efforts to periodically check and verify any error in the prices of the products offered on the Website. In the event of any error in the prices displayed on the Website, Ganbatte Superfoods will act as follows: (a) if the correct price is lower than that displayed on the Website, Ganbatte Superfoods will charge its members the lesser of the prices and proceed with the shipment of the product(s); (b) if the correct price is higher than that shown on the Website, Ganbatte Superfoods will contact the Buyer to give the corresponding instructions, either to continue with the order or to cancel the order at no cost to him. .

The price does not include shipping costs, which will be billed as a supplement to the price of the products purchased. The shipping costs will be indicated before the Buyer registers the Order. The different delivery and shipping modalities are established in section 5.1 of these CGV and will be remembered on the Website; the shipping modalities can be modified at any time by Ganbatte Superfoods. Therefore, Ganbatte Superfoods recommends that buyers periodically consult the GTCS that appear on the Website.

The prices will include the Value Added Tax (VAT), any change in the applicable rate will automatically affect the price of the products that Ganbatte Superfoods sells on the Website.

3.2 Characteristics of the products

The Buyer may select one or more products from among the different categories offered by Ganbatte Superfoods on the Website.

In accordance with the applicable regulations, the Buyer will have the possibility, prior to the Order, of knowing on the Ganbatte Superfoods Website the fundamental characteristics of the products they wish to purchase.

The products will meet the requirements of the Spanish legislation in force. Ganbatte Superfoods will not assume any responsibility in the event of non-compliance with the legislation of the country other than Spain where the product is to be delivered (for example, in the event of a product ban, etc.). It is up to the Buyer to verify before the local authorities of the country other than Spain of delivery of the products the applicable limits for the importation and use of the products and services that he wishes to acquire.

For any questions regarding the products or for additional questions or requests for advice, the Buyer can contact the Ganbatte Superfoods team through our email info@ganbattesuperfoods.com

3.3 Availability

The products shown on the Website will be valid as long as they remain advertised on it and, in any case, until the end of stock. In the case of products that are not in our warehouses, the validity of the offers presented by Ganbatte Superfoods will be subject to the availability of the products. At the time of placing the Order, the latter will offer the Buyer information that, in principle, exists on the availability of the products. Since said information comes directly from our suppliers, errors or modifications may exceptionally occur, the Buyer not having the real information until the time of purchase.

In any case, in the event of total or partial unavailability of the products after placing the Order, the Buyer will be informed by email, as soon as possible, of the unavailability of the product and of the cancellation. all or part of your Order.

In case of total cancellation of the Order:

• The Buyer's Order will be automatically canceled and if he has not made the payment, no charge will be made against his bank account.
• Ganbatte Superfoods Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him the possibility of renewing the Order, with the exception of the unavailable product.
• In the event that the payment has already been made, the order may be canceled as long as it has not left the Ganbatte Superfoods facilities, in which case the Buyer will be reimbursed for the total amount of the order as soon as possible. In case the order was already prepared, the buyer should refuse the delivery and bear the shipping costs.
• Ganbatte Superfoods Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him the possibility of renewing the Order.

In case of partial cancellation of the Order:

• The Buyer's Order will be validated and the full amount of the Order will be charged to his bank account.
• The available products will be delivered to the Buyer.
• The Buyer will be refunded the price of the ordered product that was not available, as soon as possible.

3.4 Order

Placing an Order is equivalent to the acceptance of these CGV, the stipulations provided in the Legal Notice, as well as declaring that you have read and know the Privacy Policy and the Cookies Policy, without prejudice to the particular conditions that the Parties may agree. .

The Buyer will have the possibility to check the details of his Order and to correct possible errors.

From the moment the Buyer confirms his Order by clicking on the "Confirm and pay" icon (hereinafter, the " Order "), it will be considered that he has knowingly accepted the content and conditions of the Order in question and, in Specifically, these General Conditions of Sale, the fact that his Order implies a payment obligation for him, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and requested by the Buyer.

Once this phase has been validated and the order has been prepared, the Buyer will no longer be able to cancel his Order. The sale will be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions set forth in article 6 of these General Conditions of Sale). The Order will be confirmed by Ganbatte Superfoods by sending an email to the Buyer (the "Order confirmation email").

A second email will be sent to the Buyer at the time the Order is dispatched.

Ganbatte Superfoods recommends the Buyer to keep these two emails. The Buyer is informed that the two aforementioned emails will be sent to the email address provided for identification during the registration process, prior to placing the Order.

On the other hand, Ganbatte Superfoods does not assume any responsibility in the event of an error in entering the email address or non-receipt of the Order confirmation email. In these cases, the sale will be final, except in the event of cancellation of the Order by Ganbatte Superfoods, especially in the case of unavailable products. However, the Buyer may exercise his right of withdrawal under the conditions provided in article 6 of these General Conditions of Sale.

If requested by the Buyer, we will send an email with your tax invoice. Requests must always be made within 30 calendar days after the order delivery date.

In accordance with the applicable regulations, Ganbatte Superfoods reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products or the amount to be paid (for a single order or for several accumulated orders) or other elements show form that evidences the development by the Buyer of an economic activity related to the requested products or, in general, any abnormal Order in accordance with the jurisprudence applicable to the case.

Finally, Ganbatte Superfoods reserves the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in in the event of incidents in payment or in the event of fraud, completed or attempted, related to the use of the Ganbatte Superfoods Website, including fraud committed as a result of previous Orders.

ARTICLE 4 - Payment

4.1 Means of payment - Bank cards

The means of payment through which you can buy on the Website are bank card, PayPal, ShopPay and GooglePay. Payments will be made through the SHOPIFY payment gateway

All bank card holders are subject to validation and authorization checks by the card issuer. If the issuer of the buyer's payment card refuses, or for any reason does not authorize payment to us, either before or after a payment, we will not be responsible for any delay or non-delivery.

4.2 Payment methods

All Orders must be paid for in Euros, including all mandatory taxes and duties. Bank costs will be borne, where appropriate, by the Buyer.

4.3 Security in payment operations

In order to guarantee the security of payments made by bank card, the Buyer must communicate to Ganbatte Superfoods the visual cryptogram (CVV) that appears on the back of the bank card used by the Buyer.

Within the framework of the fight against Internet fraud, the data relating to the Buyer's Order may be communicated to third parties authorized by law or designated by Ganbatte Superfoods, for the sole purpose of verifying the Buyer's identity, as well as the validity of the Order. , the means of payment used and the expected delivery.

Once this check has been completed, Ganbatte Superfoods reserves the right to demand a photocopy of the Buyer's identity document and/or any other data relating to the Buyer's identity. The Buyer has some rights conferred by the personal data protection regulations as provided in the Privacy Policy of the U-shop.

ARTICLE 5 - Delivery and reception

5.1 General provisions

The products requested by the Buyer in accordance with the provisions of these CGV may be delivered or collected, at the Buyer's choice, as follows:

At the address that the Buyer has indicated as the delivery address for the corresponding Order (hereinafter, "Delivery Address"). For more information about the countries we ship to, visit ourshipping and returns policy.

The delivery of the merchandise will be made at the address designated by the sender with up to two attempts (except in periods of production peaks, with one). If after the attempts, the package has not been delivered, you should contact Ganbatte Superfoods.

If within 15 days from the second unsuccessful delivery attempt, the package will be returned to Ganbatte Superfoods and the money refunded to the Buyer, by any means of payment, according to the choice of Ganbatte Superfoods, return costs previously deducted.

No claim relating to delivery will be accepted when the package appears as delivered, for which purpose the computer system (identification) of the carrier will be reliable.

5.1.1 Shipping cost of the Order

For more information on shipping costs, visit ourshipping and returns policy .

5.2 Anomalies, damage or damaged packages

5.2.1 General provisions

It is recommended that the Buyer, or the recipient of the Order, check the external condition of the package and the products at the time of delivery.

In the event of an anomaly related to the package (damaged package, open package, traces of liquid, etc.) or related to the requested product(s) (missing product(s), damaged product(s)), the Buyer must imperatively follow the corresponding procedure, among those described below (in articles 5.3.2 and 5.3.3 of these General Conditions of Sale), to the status of the Order. Failure to follow the proper procedure will exclude the possibility of appeal against the carrier and against Ganbatte Superfoods. Specifically, the Buyer may not demand any refund. The Buyer, or the recipient of the Order, may not require Ganbatte Superfoods to replace the ordered products.

Likewise, the Buyer or the recipient of the Order will have the possibility of contacting Ganbatte Superfoods Customer Service to find out the modalities for the return of the damaged product(s). In this case, the Buyer will be obliged to follow the procedure for the return of damaged products that would have been indicated by the Ganbatte Superfoods Customer Service. Otherwise, the Buyer will not be able to demand a refund or replacement of the affected products.

Return requests based on the receipt of a product with packaging or labeling different from that published on the Website as a result of updates and rebrandings of the products and their packaging by the manufacturer will not be considered product anomalies.

5.2.2 Compulsory procedures in case of damaged package

• In the event of an incident verified in the presence of the transport company:

- Refuse the delivery and state clearly and in detail the incident.

- Indicate the reason for the rejection of the delivery at Ganbatte Superfoods Customer Service

• In case of incidents verified without the presence of the transport company:

- Report the anomaly to Ganbatte Superfoods Customer Service through the following means:

Email: info@ganbattesuperfoods.com

The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 business days from the delivery of the product.

5.2.3 Compulsory procedures in case of missing or damaged product

The Buyer must communicate the absence or degradation of the product to Ganbatte Superfoods Customer Service through the means specified in the previous section. Ganbatte Superfoods Customer Service may request any information relating to the identity of the Buyer or recipient of the Order and proceed to as many verifications as are necessary for the case.

5.3 Delivery times

Delivery times start counting from the sending of the Order confirmation email.

In the event that the delivery times are exceeded for any reason other than force majeure, the Buyer will have the possibility of canceling his Order.

ARTICLE 6 - Rights and withdrawal periods

6.1. Right and period of legal withdrawal

6.1.1. Deadline for exercising the right of legal withdrawal

In accordance with the applicable regulations, the Buyer has a period of FOURTEEN (14) days, from the date of receipt of the Order, to exercise his legal right of withdrawal without being obliged to justify his decision.

6.1.2. Products excluded from the legal right of withdrawal

In accordance with the applicable regulations, the legal right of withdrawal may not be exercised in the case of Orders related to:

- The supply of articles that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.

Therefore, the Buyer is warned of the fact that he will not be able to assert his legal right of withdrawal with respect to items unsealed by the Buyer whose marketing by Ganbatte Superfoods entails risks for reasons of hygiene or protection of the health of consumers ( eg: care products, makeup, immediate consumption products, food, etc.).

6.1.3. Consequences of exercising the legal right of withdrawal

When the products are eligible for the legal right of withdrawal, the Buyer who exercises his right of withdrawal under the conditions provided in this article, both in relation to the term and the modalities of returning the products, may obtain a refund of the sum paid for the acquisition of the returned products. The refund of the amount paid must be made without further delay, and in any case, before FOURTEEN (14) calendar days from the date the order arrives at the Ganbatte Superfoods facilities.

6.1.4. Bills

In accordance with the applicable regulations, the costs of returning the products will be borne by the Buyer, except in the case of non-conformity of the products delivered with the Order (in which case the return costs will be borne by Ganbatte Superfoods).

6.2. Right and deadlines for contractual withdrawal

In order to guarantee the satisfaction of the Buyers of the Orders, Ganbatte Superfoods accepts the return, by post, of the products ordered on the Ganbatte Superfoods Website beyond the legal term mentioned in article 6.1.1, under the conditions that are established below (hereinafter, "contractual right of withdrawal").

6.2.1. Term for exercising the contractual right of withdrawal

The Buyer has fourteen (14) days from the date of receipt of the Order to return the Products.

6.2.2. Modalities for the exercise of the contractual right of withdrawal

The modalities for the exercise of the contractual right of withdrawal are those described in article 6.3 of these General Conditions of Sale.

6.2.3. Products excluded from the contractual right of withdrawal

The contractual right of withdrawal may not be exercised in the case of Orders provided for in section 6.1.3 of these CGV.

Consequently, the Buyer is warned of the fact that he will not be able to enforce his contractual right of withdrawal with respect to items unsealed by the Buyer whose marketing by Ganbatte Superfoods entails risks for reasons of hygiene or protection of the health of consumers ( g.: care products or make-up). On the other hand, the Buyer may not enforce their contractual right of withdrawal with respect to products that have been subject to personalization at the Buyer's request. These provisions will be applied without prejudice to the guarantees established in article 7 of these CGV, which remain applicable in their entirety.

6.2.4. Consequences of exercising the contractual right of withdrawal

When the products are eligible for the contractual right of withdrawal, the Buyer who exercises his right of withdrawal under the conditions provided in this article, both in terms and modalities of returning the products, may obtain a refund from Ganbatte Superfoods of the returned products, as well as the shipping costs of the Order in case of returning the entire order.

6.2.5. Bills

The costs of returning the products will be borne by the Buyer except in the case of lack of conformity of the products delivered with the Order or in the case of damaged products.

6.3. Modalities for exercising the legal right of withdrawal and the contractual right of withdrawal

6.3.1. General provisions applicable to all types of return

The products must necessarily be returned to Ganbatte Superfoods in an appropriate state for their commercialization (products in perfect condition, accompanied by their original packaging, accessories, leaflet, etc.) within a maximum period of fourteen (14) days from the date of their reception. Returns of products that occur after said period will not be accepted.

The products must be accompanied by the Order number, it is the Buyer's responsibility to pack the products so that they arrive correctly at the Ganbatte Superfoods facilities.

In the event that the Buyer had benefited from a purchase offer on the Website, for which he was entitled, under certain conditions, to one or more products offered as consideration for his Order, and that as a result of his exercise of the right of withdrawal loses the right to said offer; The Buyer must return, along with the products affected by the withdrawal, the offer product or products that he received as consideration for his Order so that Ganbatte Superfoods can take his withdrawal request into consideration.

The responsibility of the Buyer may be demanded in case of depreciation of the product as a result of its manipulation other than the manipulation necessary to establish the nature, characteristics and, where appropriate, proper functioning of the products.

6.3.2. Return to the collection points of the transport company

In addition to the conditions established in article 6.3.1 of these General Conditions of Sale, the Buyer who wishes to exercise his right, whether legal or contractual, of withdrawal, returning a product by courier / parcel, must respect the following instructions:

• Use the original packaging for the return of the affected product(s).
• Request, print and paste the return label

In the event that the Buyer does not effectively demonstrate having insured the deposit of the product with the carrier or at the establishment, the risks associated with the return of the product will be borne by the Buyer.

ARTICLE 7 - Signature and proof

Ganabatte Superfoods works to protect the personal data of its customers, guaranteeing a high level of security; however, the Buyer must also participate in the protection of their personal data. In particular, the Buyer must maintain the security of their online transactions, for example, by not disclosing their identifier (Buyer's email address) and/or their password to anyone, and periodically changing the password. In this sense, Ganbatte Superfoods does not assume any responsibility for the disclosure of data relating to the Buyer to any person who makes use of the Buyer's identifier (email address) and/or password.

In this regard, the use of the identifier (Buyer's email address) and/or the Buyer's password will be proof of his identity and of the enforceability, at the time of validation of the Order, of the corresponding amounts.

Ganbatte Superfoods does not assume, in any case, any responsibility for the fraudulent use of this data. The communication of the bank card number and the final validation of the Order will serve as proof of acceptance of said Order and of the enforceability of the amounts committed for the reservation of the products that appear in the Order. The computer records, kept in the computer systems of Ganbatte Superfoods and its associates, will be considered proof of the communications, Orders and payments made between the Parties.

ARTICLE 8 - Customer service / Mediation service

For any additional information, query related to the status of an Order or a return, or claim related to an Order, you can contact Ganbatte Superfoods Customer Service by sending an email to info@ganbattesuperfoods. com.

ARTICLE 10 - Responsibility

10.1 Capacity

Prior to placing their Order, the Buyer declares that they have full legal capacity to be bound by these General Conditions of Sale. Therefore, in the event that a person who does not have legal capacity places an Order for items on the Ganbatte Superfoods Website, the legal guardians of said person (especially parents or guardians) will assume full responsibility for said Order and , specifically, they must satisfy the price of the same.

10.2 Limitation of liability

The responsibility of Ganbatte Superfoods for the obligations established in these General Conditions of Sale may not be required when the breach of said obligations is attributable to acts of third parties, even when said facts were foreseeable, to the fault of the Buyer or to the occurrence of a circumstance force majeure, as defined in the applicable jurisdiction, or any other circumstances reasonably beyond the exclusive control of Ganbatte Superfoods. The information available on the Website is provided without any guarantee, either implicit or express, regarding its integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the data, products, accessories or services that appear on the Website. Ganbatte Superfoods website or on their suitability for the use that the Buyer plans to make of them. GANBATTE SUPERFOODS DECLINES ALL RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGES, FORESEEABLE OR NOT, SUFFERED BY USING THE WEBSITE. IN THE EVENT THAT THE LIABILITY OF GANBATTE SUPERFOODS IS ESTABLISHED FOR DAMAGES SUPPORTED BY THE PURCHASER ATTRIBUTABLE EXCLUSIVELY TO PLACING THE ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE PURCHASER HAS PAID TO GANBATTE SUPERFOODS.

ARTICLE 11 - Protection of personal data

To process the Order, Ganbatte Superfoods will collect the Buyer's personal data. The Buyer is hereby informed that the person responsible for the processing of their data is Ganbatte Superfoods and that their data will be processed 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) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which We inform you that your data will be processed with the main purpose of maintaining and managing the contractual relationship with the Buyer. Likewise, indicate that you have the right to access, rectify and delete your data, as well as other detailed rights as detailed in the Privacy Policy .

ARTICLE 12 - Miscellaneous

12.1 Partial disability

If one or more of the provisions of these CGV are considered invalid or declared invalid by application of any law, regulation or as a consequence of a final decision of a competent authority, the remaining stipulations will retain their full validity and scope.

12.2 Waiver exclusion

The fact that either Party does not exercise the rights that assist it in the event of breach by the other Party of any of the obligations imposed by these CGV cannot be interpreted as a waiver in the event of future breaches of the obligation in question. .

12.3 Applicable law and jurisdiction

For the resolution of any discrepancy that may arise in relation to these General Conditions and other policies of the Website, the parties submit to the jurisdiction and competence of the courts of Barcelona (Spain), expressly waiving any other forum that could correspond. However, in the event that the applicable regulations for the defense of consumers and users establish the possibility for them to choose the jurisdiction corresponding to their place of residence, they may proceed in accordance with said regulations.

On the other hand, in accordance with article 14 of Regulation (EU) No. 524/2013, we inform consumer Users that the European Commission has established an online dispute resolution platform to resolve disputes relating to contractual obligations arising from sales. online or service contracts between a consumer resident in the Union and a company established in the Union. Users can obtain additional information through the following link:

- https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. .

12.4 Term

The CGV will be applied during the entire period in which the products offered by Ganbatte Superfoods remain online and until the expiration of the guarantee terms. In any case, the provisions of "article 10. Responsibility" will remain in force after the extinction of the CGV.

TERMS REVIEW DATE: MAY 2023