Terms & Conditions
Terms & Conditions
This Agreement constitutes a legal agreement between you (“you”) and ALIMENTOS ANATOMICO SL (“ANATOMICO”, “we” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website “www.anatomico.com” and/or related mobile applications as it may be modified, relocated and/or redirected from time to time (the “Site”).
By using the Site, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. If you are entering into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Section 1. Terms of Sale
Shipping: All orders placed on this Site are subject to product availability and will be shipped to the terms specified in the Shipping chart available at our Site. Shipping and handling charges will depend on destination, and will be calculated after applicable discounts and before sales tax.
As soon as your order ships, you will be provided with a tracking number via email. We do not guarantee any specific delivery dates or times. In the rare event that your order never arrives, you must send us email/phone notification with the lost items within 30 days of receipt of the shipping confirmation email.
Returns and Exchanges: If for any reason you are not happy with our products, you can exchange an item for another item, or return it for a credit or refund (minus the shipping, handling, gift wrap and other charges), subject to the following terms and limitations.
We only accept returns or exchanges up to 30 days from the original date of shipment with purchase receipt. Any exchange or return should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment. Items exchanged for another item may be charged shipping fees.
To make a return or exchange, please pack the item safely and securely for shipping, include the packing slip, purchase receipt and send the package with postage prepaid via a traceable and insurable method to: ALIMENTOS ANATOMICO SL, AV. DIAGONAL 601, PLANTA 8. 08028 BARCELONA.
Refunds with credit/debit card purchases will be credited to the original card used only. If a payment method other than a credit card was used for your order (such as PayPal, Apple Pay or Google Wallet) a merchandise card/check will be issued. If exchanging a product, any positive balance will be refunded in the original form of tender.
Section 2. Prohibited Uses
You may use Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To impersonate or attempt to impersonate ANATOMICO or any ANATOMICO employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm ANATOMICO or users of the Site or expose them to liability;
- To engage in activity or submit Content that harasses or advocates harassment of another person;
- To engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
- To engage in activity, submit Content, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- To submit Content that contains restricted or password-only access pages, or hidden pages or images;
- To submit Content that displays pornographic or sexually explicit material of any kind;
- To use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose.
Section 3. Content in the Site
The Site with all of its content, information, software, images, and specifications (collectively, “Content”) is owned by ANATOMICO and/or third parties with all rights reserved. Content is provided through the Site “AS IS” AND “AS AVAILABLE”, and you agree that the use of, satisfactory quality, performance, accuracy and reliance on any Content is at your own risk, and that under no circumstances shall ANATOMICO be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site.
Section 4. Personal Information; User Accounts.
- Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Site. You are solely and fully responsible for all activities that occur under your password or account, except that ANATOMICO may, in certain circumstances, access your account to make changes that you request. ANATOMICO has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org
- Emails. ANATOMICO may send you confirmation and other transactional emails regarding the Services. ANATOMICO may also send you emails about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Section 5. Product Information.
Prices, descriptions, images, references, features, content, specifications and availability of products are subject to change without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Errors may be corrected when discovered, and ANATOMICO reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although ANATOMICO has made every effort to display our products as accurately as possible, the displayed colors, specifications and sizes of the products depend upon the monitor of the user, and ANATOMICO cannot guarantee that the user’s monitor will accurately portray the actual features of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. ANATOMICO is not responsible for typographical errors regarding price or any other matter. ANATOMICO’s products are not intended to diagnose, treat, cure, or prevent any disease.
Section 6. Prices and Payment
- Prices. Users may be charged pursuant to the rates quoted via the ANATOMICO Site to the purchase of Products. ANATOMICO has the authority and reserves the right to determine and modify pricing by posting revised applicable Prices through the Site or by applying advertised sales or promotional discounts to the posted Products, which will be disclosed to you prior to your submission or acceptance of Product purchase. You are responsible for reviewing the applicable Prices prior to the submission or acceptance of Product purchase. As a User, you shall be responsible for all incurred Prices charged under your User account regardless of your awareness of such Prices or the amounts thereof.
- Payment Processing Service. Users and Providers are obligated to pay in advance for the Products they order through the Site. To facilitate payment for the Services, each User may be required to register a credit card or bank account details. You authorize us and the payment processing service retained by us (third-party payment processor) to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and us. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ANATOMICO the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We will use third party services to process credit card information. By accepting this Agreement, you are giving ANATOMICO (or a third-party payment processor on ANATOMICO’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe ANATOMICO. Depending on the transaction you selected or services requested, ANATOMICO may charge you on a one-time or recurring basis
- Promotions. ANATOMICO, at its sole discretion, may offer promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with ANATOMICO. You are not required to participate in promotions.
- Purchase Cancellations. All orders placed through this Site are subject to ANATOMICO’s acceptance. This means that ANATOMICO may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ANATOMICO will issue you a refund.
We reserve the right to withdraw or amend the Site, and any service we provide on it, in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users for any reason or no reason.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Section 8. Limited License; Intellectual Property Rights
ANATOMICO grants you a limited license to access and use the Site and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Site provided that you retain all copyright and other proprietary notices contained thereon). You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post, sub-license, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of ANATOMICO. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to email@example.com
You may not modify, alter, reproduce, or distribute the Site. You may not directly rent, lease, lend, sell, redistribute, or sublicense any Content of the Site. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Site or any content available through the Site.
The Site and its entire Content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ANATOMICO, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Section 9. Copyright Infringement
ANATOMICO will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted image uploaded through our media hosting services, or information containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements.
If you are concerned about copyrights infringements please contact: firstname.lastname@example.org
Section 10. Terms and Termination
This Agreement is effective upon your use of the Site or creation of a User account, and you may discontinue your use of the Site or participation in the Services at any time, for any reason. We may suspend or deactivate your User account, or revoke your permission to access the Site, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Site to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or ANATOMICO terminate your participation or access to the Site or Services.
Section 11. Information About You and Your Visits to the Site
Section 12. Links to third-parties’ websites
The Site may contain links and interactive functionality interacting with the websites of third parties, including payment processors, social sites and product fulfillment’ sites. ANATOMICO is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, ANATOMICO strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by ANATOMICO of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Section 13. Confidential Information
- ANATOMICO’s Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of ANATOMICO and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify ANATOMICO in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to ANATOMICO upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of ANATOMICO’s trade secrets, confidential and proprietary information and all other information and data of ANATOMICO that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- User’s Confidential Information. As a User, you understand that in accepting the Services, ANATOMICO may receive certain private and/or confidential information from you. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by you, ANATOMICO shall not publish, disseminate or disclose, for your own benefit or the benefit of any third-party, any confidential information, including addresses, telephone numbers and/or financial information. ANATOMICO further agrees not to engage in any activity which violates the privacy of its Users.
Section 14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or ANATOMICO will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ANATOMICO NOR ANY PERSON ASSOCIATED WITH ANATOMICO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ANATOMICO NOR ANYONE ASSOCIATED WITH ANATOMICO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ANATOMICO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 16. Limitation on Liability
IN NO EVENT WILL ANATOMICO, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, OR ANY SITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 17. Indemnification
You agree to defend, indemnify and hold harmless ANATOMICO, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, any use of the Site’s Content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
Section 18. Dispute Resolutions
- Governing Law. Use of this Site and Services, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, or products purchased through this Site shall be governed by the laws of Catalunya, Spain.
- Forum Selection/Jurisdiction. Jurisdiction and venue for any dispute shall be in Barcelona, Spain. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
- Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND ANATOMICO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ANATOMICO agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
Section 19. Waiver and Severability
No waiver by ANATOMICO of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ANATOMICO to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Section 20. Entire Agreement
Section 21. Assignment
This Agreement may not be assigned or transferred by you without ANATOMICO’s prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by ANATOMICO, in our sole discretion, in accordance with the “Notice” section of this Agreement.
Section 21. No Agency
You and ANATOMICO are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
Section 22. Notices
Except as explicitly stated otherwise, any notice to ANATOMICO shall be given by certified mail, postage prepaid and return receipt requested to:
ALIMENTOS ANATOMICO SL
AV. DIAGONAL 601, PLANTA 8.
Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Site or given to you via the email address you provided to ANATOMICO during the registration process or as otherwise listed in your User or Provider account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ANATOMICO during the registration process. In such case, notice shall be deemed given three days after the date of mailing.