Legal Notice

1. SCOPE

The purpose of this document is to adapt the electronic contracting activity that NUTROFAR, S.L. (hereinafter, NUTROFAR) will develop on its website with the URL https://www.nutrofar.es to current regulations.

NUTROFAR’s presence on the network, as the owner of a website, makes it a ‘provider of information society services’ in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce (hereinafter, LSSICE). The website under analysis includes elements (contents, products, brands, etc.) owned by NUTROFAR, which must be protected by it against third parties.

From the perspective of applicable legislation as a provider of information society services, we understand that NUTROFAR’s General Terms and Conditions (hereinafter, GTC) must comply with the regulations in Article 10 and following of LSSICE:

Owner identification data:

• Name or company name, residence or address, address of one of the establishments in Spain, email or any other means of identification.
• CIF (Tax Identification Number).
• In the event that your activity is subject to a prior administrative authorization regime, the data relating to said authorization and the identification of the competent body in charge of its supervision.

Legal conditions:

• Website access and use regime.
• Regulate obligations and responsibilities of the Website owner.
• Regulate obligations and responsibilities of the user.
• Establish measures to protect the Website owner from improper use that users make of its contents.

Regarding Intellectual and Industrial Property, NUTROFAR must protect its rights against unauthorized uses of its owned assets. To this end, distinguishing its products with its brand generates evidence of ownership of its contents, preventing others from using it to its detriment and possible commercial exploitation.

It is necessary to highlight that, according to the conversation held with Mr. Salvador Castillo Aparicio, General Director of NUTROFAR, it appears that the products and services are intended for legal entities or professionals in the scope of their activity, thus excluding the contracting of services by consumers, in accordance with the definitions in Articles 2, 3 and 4 of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU).

Specifically, NUTROFAR’s website has been designed for the commercialization of specialized products and services in the animal health field, so it is intended for veterinary professionals, as well as establishments authorized to trade in animal health products and pet shops, where it will be possible to contract a wide range of products and services. Specifically, given the nature of NUTROFAR and its B2B Ecommerce website, the profiles to which this website is intended are:

– Registered veterinarians in general and, specifically, those who manage veterinary clinics, regardless of whether they are self-employed or operate through companies.

– Similar veterinary businesses contemplated in current regulations. This group includes retailers and wholesalers.

– Pet shops: those entities not authorized to sell veterinary products that require a prescription for their dispensation, but which can market other types of phytosanitary products (4th Channel).

In the electronic process established for contracting, the acceptance of the ‘General Terms and Conditions’ must be explicitly included, so that it should not be possible to process the contracting of a product without necessarily accepting them.

To this end, it should be taken into account that contracts requiring click/acceptance (clickwrap agreements) refer to the contracting model by which the conditions and terms of a website must be expressly accepted prior to completing a transaction, through an express act that normally consists of a ‘click/accept’, in the act of ‘clicking’ on a button with the legend ‘I Accept’ or similar, that is, an express act of acceptance is required to understand the user of the website as bound by its terms of use in which the contract between the parties is perfected.

In the case of clickwrap contracts, from a legal perspective, there are fewer doubts regarding the binding nature they create between parties and the enforceability of agreements. After the modification that the LSSICE operated in articles 1,262 of the Civil Code and 54 of the Commercial Code, there is no doubt that ‘there is consent from the moment acceptance is manifested,’ and it is precisely the act of ‘clicking’ that constitutes the necessary and sufficient manifestation of consent to an adhesion contract with general conditions.

On the contrary, the browse-wrap mechanism makes the website’s terms of use available to the user (at the bottom of the page by scrolling down with the mouse) with acceptance resulting from a presumed act that normally consists of mere use, the mere act of browsing the website, without requiring any further manifestation of will. In browse-wrap contracts, the situation cannot be so peaceful. Firstly, the terms of use are a contract that binds the parties and regulates transactions on the site, which exists, primarily, for consent to be considered valid (articles 1,261 and 1,265 CC), but also to meet the transparency and incorporation requirements imposed by article 5 of Law 7/1998, of April 13, on General Contracting Conditions and the LSSICE.

From the perspective of applicable legislation as a provider of information society services and in matters of electronic contracting, we understand that NUTROFAR’s ‘Terms and Conditions’ must be drafted in accordance with the regulations in articles 10 to 23 and following of the LSSICE, excluding the application of articles 97 and following of the TRLGDCU as it concerns contracting between businesses and not with end consumers.

Regarding the validity of electronically concluded contracts, it is necessary to highlight that according to the provisions of article 23 LSSI, they will produce all the effects provided for by the legal system when consent and other necessary requirements for their validity concur. Likewise, it is established that for the conclusion of contracts by electronic means to be valid, prior agreement of the parties on the use of electronic means will not be necessary.

Furthermore, article 24 LSSICE establishes that the electronic support on which a contract concluded by electronic means is recorded will be admissible in court as documentary evidence.

Without prejudice to the above, we deem it necessary to conduct an analysis of the contractual requirements or obligations that NUTROFAR must fulfill prior to and after contracting:

Contractual obligations prior to contracting:

According to the provisions of article 27 LSSICE, the prior requirement, without prejudice to compliance with other obligations regulated in current legislation, is to make available to the recipient (in this case, the Client), before initiating the contracting procedure and through techniques appropriate to the means of communication used, in a permanent, easy, free, clear, comprehensible and unequivocal manner, the following points:

a) The different steps that must be followed to conclude the contract;

b) Whether the provider will archive the electronic document in which the contract is formalized and if it will be accessible;

c) The technical means provided to identify and correct errors in data entry; and

d) The language or languages in which the contract can be formalized.

It is understood that this obligation will be fulfilled if the provider includes it on their website or Internet page under the conditions specified in said paragraph. In any case, the general conditions to which the contract may be subject, in such a way that they can be stored and reproduced by the recipient. The rule establishes that this obligation will not be required when:

a) Both contracting parties agree and neither of them is considered a consumer, or

b) The contract has been concluded exclusively through the exchange of email or other equivalent electronic communication.

Contractual obligations after contracting:

The offering party, in this case NUTROFAR, is obligated to confirm receipt of acceptance to the one who made it (the Client) by one of the following means:

a) Sending an acknowledgment of receipt by email or other equivalent electronic communication means to the address that the accepting party has indicated, within twenty-four hours following the receipt of acceptance, or

b) The confirmation, by an equivalent means to that used in the contracting procedure, of the acceptance received, as soon as the accepting party has completed said procedure, provided that the confirmation can be archived by its recipient.

In accordance with the provisions of art. 28 LSSICE, it will be understood that the acceptance and its confirmation have been received when the parties to whom they are addressed can have proof of it. In the case that the receipt of the acceptance is confirmed by acknowledgment of receipt, it will be presumed that its recipient can have the referred proof from the moment it has been stored in the server where their email account is registered, or in the device used for receiving communications.

In this case, the same exceptions as those previously mentioned for the obligations prior to the formalization of the contract also apply.

With respect to conflict resolution, Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 and the provisions of art. 40.5 Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013, on alternative dispute resolution for consumer disputes that requires identifiable and easy access to the European Union’s online dispute resolution platform, would also not be applicable.

Without prejudice to the above, and as the corporate purpose of NUTROFAR is “the representation and sale of pharmaceutical products” and its CNAE code is “4773 Retail sale of pharmaceutical products in specialized establishments”; we understand that this entity possesses all the permits, authorizations and is registered in the corresponding registers. Therefore, in compliance with art. 10.1 c) LSSI, said data must appear in the Legal Notice included on the website in compliance with said regulation.

Therefore, said legal text is drafted in compliance with the applicable Spanish regulations and, in particular, with the following rules:

• Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE).
• Civil and Commercial Codes and other civil or commercial regulations on contracts.
• Law 7/1998, of April 13, on general contracting conditions
• Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law (TRLPI)
• Law 17/2001, of December 7, on Trademarks and Royal Decree-Law 23/2018, of December 21, on the transposition of directives on trademarks.

Likewise, the following regulations that govern the business activity and corporate purpose of NUTROFAR will be applicable. Specifically:

• Royal Decree 1157/2021 on Industrially Manufactured Veterinary Medicines.
• Royal Decree 109/1995, of January 27, on veterinary medicines
• Royal Decree 1132/2010, of September 10, which modifies Royal Decree 109/1995, of January 27, on veterinary medicines.
• Royal Decree 370/2021, of May 25, which establishes specific provisions for the application in Spain of Regulation (EU) 2019/4 of the European Parliament and of the Council, of December 11, 2018, regarding the manufacture, marketing and use of medicated feed, which modifies
• Regulation (EC) No. 183/2005 of the European Parliament and of the Council and repeals Council Directive 90/167/EEC, and other European Union regulations on feed and medicines, and various royal decrees on livestock are modified.
• Regulation (EU) 2021/1281, of August 2, 2021, which establishes application provisions of Regulation (EU) 2019/6 of the European Parliament and of the Council regarding good pharmacovigilance practices and the format, content and summary of the pharmacovigilance system master file for veterinary medicinal products.
• Regulation (EU) 2021/16 establishing the necessary measures and practical arrangements for the Union database on veterinary medicinal products (Union database on medicinal products).
• Regulation (EU) 2019/4 of the European Parliament and of the Council, of December 11, 2018, regarding the manufacture, marketing and use of medicated feed, which modifies Regulation (EC) No. 183/2005 of the European Parliament and of the Council and repeals Council Directive 90/167/EEC.
  Regulation (EU) 2019/6 of the European Parliament and of the Council, of December 11, 2018, on veterinary medicinal products and repealing Directive 2001/82/EC.

2. NORMATIVE TEXT

LEGAL NOTICE AND GENERAL TERMS OF CONTRACT

I. Scope of application, marketing criteria

1. In compliance with art. 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, LSSICE), NUTROFAR, S.L. (hereinafter, NUTROFAR) informs you that it is the owner of the website whose URL is https://www.nutrofar.es. This entity has its address for notification purposes at Parque Empresarial Los Llanos. Calle Galicia Nº 270 – CP 41909 Salteras (Sevilla) registered in the Mercantile Registry of Seville, Volume 8,266, Folio No. 32 sheet SE-465, registration 2nd and provided with C.I.F. No. B-41395716 (hereinafter, the Website).

2. In accordance with the current legislation applicable to the business activity and corporate purpose of NUTROFAR, this entity informs you that it has the authorization of the Spanish Agency of Medicines and Medical Devices for the marketing and distribution of veterinary products and medicines. Likewise, NUTROFAR is registered in the Registry of Medicines of the Ministry of Agriculture, Fisheries and Rural Development with Authorization No. Z41085B166 dated 07/02/2019 for its activity as a retailer and with Authorization No. Z41085A166 for its activity as a wholesaler on the same date.

3. The use of the Website, browsing its contents and/or access to the Services attributes the status of user of the Website (hereinafter, the “User”) and implies full acceptance without reservations of those provisions included in these General Conditions in the version published by NUTROFAR at the very moment the User accesses the Website. Only in the event of registering as a customer and contracting NUTROFAR products, the provisions regulated in sections II to X (second to tenth) of these General Conditions will apply.

4. Access to the public Contents and Services of the Website will not require registration by the User. However, in the event that the User wants to access Contents and Services and/or Forms that require data registration, it will be done by previously accepting our Privacy Policy.

5. The offers, purchases, deliveries and services, if applicable, of NUTROFAR are subject to these General Terms of Contract (hereinafter, General Conditions) and to the current Spanish legislation on this matter. Unless otherwise agreed, the General Conditions will be applicable in their most recent version at the time of placing the order or in the last version communicated in writing, if applicable, without NUTROFAR having to warn about its existence in each specific case.

6. These General Conditions regulate the contractual relations between NUTROFAR and the Customer- who, through this contract, acquires the products and, where appropriate, the services marketed by NUTROFAR. For the purposes of these General Conditions, Customer shall be understood as any legal entity, whatever its form, and/or individual entrepreneur, who acquires such status in accordance with the provisions of the following section.

7. The Customer acknowledges and accepts that these General Conditions are sufficient and adequate for the exclusion of error in the formation of consent at the time of placing the order or accepting the goods.

II. Acquisition of Customer status and access to Products

1. Although the website has public content for which it is not necessary to register; to access the products offered by NUTROFAR it is necessary to register previously as a Customer. For this purpose, the Customer must complete the form established on the website in which, in addition to filling in the required data, they must submit the necessary documentation to access all, or part of, the products marketed by NUTROFAR, since customer registration and, therefore, access to NUTROFAR products will depend on their segmentation according to the following:

– Prescription products: to access veterinary products under prescription, the necessary accreditation for the marketing of these products is required. Specifically:

Veterinarians: photo or copy of the current professional association card.
Veterinary Commercials: copy of the authorization from the respective Autonomous Community to dispense veterinary products.

• Non-subscription products: In addition to veterinarians and veterinary commercials, pet shops, seedbeds, agricultural centers, pet cash carry, etc., may access, as long as they prove they have notified the competent authority of the activity of selling non-prescription zoosanitary products.
• BIOCIDE Products: To access and market BIOCIDE products, the Customer must prove that they are authorized and registered in the Official Registry of Biocidal Establishments (ROESBA).

2. To this end, the Customer must enter their data in the fields provided for this purpose and accept, where appropriate, our Privacy Policy which regulates the obligations and rights of the parties regarding NUTROFAR’s processing of their personal data. Likewise, they must accept these General Conditions which will apply, in their most recent version, to all orders placed.

3. Upon receipt of the form and required documentation, NUTROFAR will enable all or part of the products depending on whether the Customers are authorized to purchase prescription, non-prescription, or BIOCIDE products, which will be accessible through the Customer Area located on the website.

4. The Customer will access the Customer Area using the identifying keys provided by NUTROFAR. The Customer will be solely responsible for all activity carried out with their user associated with the service and their passwords. The supply of passwords will be confidential, so any disclosure, intentional or not, of them will solely compromise the Customer’s responsibility, excluding that of NUTROFAR.

5. In any case, when completing the forms on the Website, all information provided must be true, accurate, and complete. To this effect, the Customer guarantees the authenticity of all the data communicated. Similarly, it will be the Customer’s responsibility to keep all information provided to NUTROFAR permanently updated so that it reflects, at all times, their real situation. In any case, the Customer will be solely responsible for any false or inaccurate statements made and for any damages, of any kind, caused to NUTROFAR or third parties by the information provided; also exempting NUTROFAR from all responsibility.

III. Offer and contract perfection. Electronic contracting

1. NUTROFAR’s offers are not binding, unless expressly indicated otherwise in writing. The validity of orders placed by the Customer is subject to prior written confirmation by NUTROFAR for the contract to be perfected. However, in the absence of written confirmation, sales contracts will be perfected at the time of punctual deliveries.

If your offer is not accepted and a charge has already been made to your account, the full amount will be refunded to you as soon as possible and within a maximum period of 14 business days.

2. The products and services offered on the website owned by NUTROFAR may be contracted by the Customer by completing the electronic contracting process established therein and through the online registration assistant tool established for this purpose.

The contracting procedure and the contract will be completed in Spanish.

The Customer will access the services and Products of NUTROFAR that can be contracted through the Website, including a description of their characteristics, price, and, where applicable, transport and packaging costs.

Once the Customer has designated the desired product or service, they must select it and add it to the shopping cart or basket. Once incorporated into the shopping cart, the Customer can access the purchase summary, which will indicate both the individual and total price of the products and services acquired.

If the order is correct, you must click the “Accept” button and accept these General Conditions. You will then access the payment gateway and proceed to pay for the order according to the option you choose for this purpose.

Once the contracting is completed, NUTROFAR will proceed to analyze the purchase order to determine if it meets all the requirements for processing or if it has stock of the specific product. Once the verification is done, it will send an email confirming the contract or denying it if it does not meet the requirements demanded by NUTROFAR, who may refrain from accepting contracts that are incomplete or incorrect.

NUTROFAR will confirm acceptance by sending you an email to the address you provide for this purpose within a maximum period of 24 hours from the order confirmation. Only at this moment will your contract with NUTROFAR be formalized, this email being, likewise, the documentary confirmation of the contract made with NUTROFAR, which the Customer must archive.

3. In case of temporary unavailability of the selected products, NUTROFAR reserves the right to provide information about substitute products if available. At this point, the Customer may modify the order or cancel it. If you do not wish to order these substitute products, we will cancel your order and refund the full amount you may have paid.

4. In case of order cancellation, a cancellation email will be sent to the customer. If payment has been made, the amount paid will be refunded as soon as possible and within a maximum period of 14 business days to the customer’s bank card.

5. Only those products listed in the Shipping Confirmation will be subject to the Contract. NUTROFAR will not be obligated to supply you with any product that may have been ordered until we confirm its shipment in a Shipping Confirmation. Placing an order implies acceptance of these General Conditions, as well as the prices of the products and items available for sale on our Website.

IV. Prices

1. Prices will be expressed in euros and will be indicated in NUTROFAR’s offers and will only be binding for NUTROFAR during the validity period of the respective offer. For electronic contracting, the prices will be those indicated on the Website at the time of contracting and/or ordering.

2. Prices do not include VAT or other applicable taxes according to current legislation. Likewise, they do not include transport and packaging costs, insurance costs, customs duties, or other accessory costs that may be applicable.

3. Unless otherwise agreed, NUTROFAR is authorized to adjust the agreed prices proportionally when unforeseeable and non-attributable events occur affecting wage and material costs or changes in economic circumstances.

V. Delivery and Service Period

1. Although NUTROFAR will do everything reasonably possible to deliver the order to the Customer within a maximum period of 2 business days from the date of order confirmation, this period is not binding unless otherwise expressly agreed in writing in the order confirmation document. NUTROFAR may make partial deliveries, for justified reasons, as long as it is reasonable for the Customer.

2. Delivery dates and deadlines are considered fulfilled at the time of timely dispatch of the goods or – in cases of collection by the Customer – by notification of their timely availability. In case of subsequent contractual modifications, delivery dates and deadlines will be postponed accordingly.

3. Delays in delivery caused by unforeseeable, unavoidable events not attributable to NUTROFAR, particularly cases of force majeure, war, natural or health catastrophes, strikes, lockouts, or administrative orders, will not be the responsibility of NUTROFAR, even in cases of delivery dates or deadlines agreed as binding, even in writing. Delivery dates and deadlines will be postponed or extended according to the duration of the interruption, communicating this to the Customer in an appropriate manner.

VI. Shipping, Transfer of Risk

1. The risk of accidental loss and accidental deterioration passes to the Customer as soon as the goods are delivered to the carrier.

2. In the event that collection of the goods by the Customer is agreed upon, without prejudice to the provisions of paragraph 1, the risk of accidental loss and accidental deterioration is transferred to the Customer upon delivery of the goods. If the Customer delays acceptance, the risk will be transferred at the moment the delay in acceptance occurs. When the agreed collection of goods by the Customer or a third party commissioned by the latter is postponed for reasons attributable to the Customer, the risk will be transferred to the Customer upon notification of the availability of the goods to the Customer. The provisions will also apply to cases of partial deliveries in the sense of section IV.1.

VII. Invoicing and Payment

1. Once the order is confirmed, NUTROFAR will issue the corresponding invoice to the Customer, which will be sent to the email address provided by the Customer in the registration form. Said invoice will be issued within five days from said confirmation. In order to coordinate the sending of the invoice with the delivery of the order, this period may be extended, at NUTROFAR’s discretion, for the time it deems necessary.

2. For contracts made electronically through this website, payment will be made as indicated by the Customer at the time of purchase, with the option to choose:

– Payment gateway offered on the Website.

– Direct debit. In this case, the Customer must complete the signed and sealed SEPA mandate that will be made available by NUTROFAR.

NUTROFAR informs you of the use of secure payment systems through SSL security protocols in order to protect and provide security to this process.

NUTROFAR is authorized to issue partial invoices for partial deliveries as per section IV. 1.

3. Payment will be considered made when NUTROFAR can dispose of the amount and, in any case, within a maximum period of thirty days from the date of issuance of the invoice by NUTROFAR to the Customer.

4. If the payment deadline established in section 3 of this clause is exceeded, NUTROFAR will be authorized to proceed, without the need to send any requirement, to include in the invoice annual late payment interest for an amount of 2% above the basic interest rate published by the Bank of Spain or the maximum rate allowed by law, whichever is higher. NUTROFAR’s claims for interest owed against Customers will not be affected.

5. When, after the completion of the contract, the risk of the Customer’s financial guarantees becomes apparent to NUTROFAR, NUTROFAR expressly reserves the possibility of making pending deliveries exclusively through advance payment or provision of guarantees. In addition, NUTROFAR is authorized to rescind, totally or partially, specific contracts, particularly contracts already concluded with the Customer, whenever the latter does not comply with the advance payment or provision of guarantee after a reasonable additional period has elapsed.

VIII. Liability for Defects

1. The merchandise has the quality required by the competent authority and will be guaranteed until the moment of risk transfer. NUTROFAR reserves the right to make changes to the contractual products without the Customer’s consent in accordance with the provisions of section III of these General Conditions.

2. The Customer must inspect the goods immediately after delivery and notify any defect that is obvious and identifiable through proper examination within the following 24 hours, in writing to NUTROFAR. In case of failure to comply with the notification period, NUTROFAR’s liability for defects will be excluded for those defects reported late.

3. The Customer’s claims for defects will expire after 3 months from the notification within the period indicated in section 2, without prejudice to other deadlines that may be applicable according to current Spanish legislation.

4. If the notification is made within the deadline, NUTROFAR will proceed, once the notification has been reviewed, at its sole discretion, to reject it, rectify it or supply new merchandise.

5. The Customer’s rights for defects are excluded if improper handling and/or storage have caused the defect that has occurred. Likewise, rights are excluded in the event that the products were sealed and are not suitable for return for health protection or hygiene reasons once they have been unsealed after delivery.

IX. Retention of Title

1. NUTROFAR retains ownership of the contractual products until full payment of the purchase price and until satisfaction of all credits and/or claims of NUTROFAR against the Customer.

Once the order has been delivered to the location designated by the customer, NUTROFAR will be exempt from all liability arising from the loss or alteration, whether accidental or provoked, of the contracted products. Therefore, such responsibility will be transferred to the customer from that moment.

2. If NUTROFAR terminates the contract due to Customer conduct contrary to the contract, particularly due to payment defaults or late payments, NUTROFAR may claim the outstanding balance, and the Customer is obliged to grant access to the claimed balance and deliver it, excluding any right of retention. The Customer will bear all costs incurred in relation to the delivery.

X. Limitation of Liability

1. In the event of a breach due to slight negligence, NUTROFAR’s liability will be limited to the damage attributable to it or its executive auxiliaries and legal representatives for damages considered foreseeable by the type of contract. NUTROFAR will not be responsible for breaches due to slight negligence of non-essential contractual obligations. Essential obligations are considered to be those whose fulfillment makes possible, in the first instance, the correct execution of the contract or those on whose fulfillment the Client must regularly rely.

2. Except in cases of willful or grossly negligent action, NUTROFAR’s liability will be limited in accordance with the previous paragraph. However, the limitations of liability will not apply to culpably caused bodily harm (injuries to life, physical integrity, or animal health), to willful silence regarding defects, or when and to the extent that NUTROFAR grants a guarantee. This will not imply a modification of the burden of proof to the detriment of the Client.

XI. Intellectual Property Rights

1. NUTROFAR is the owner or, where applicable, has the corresponding licenses for the exploitation rights of intellectual and industrial property of the Website, as well as all the content offered on it, including, but not limited to, the website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content and services available through it. In no case shall it be understood that access, navigation, and use of the Website by the Client or other user implies a waiver, transmission, license, or total or partial transfer of said rights by NUTROFAR.

2. References to registered trademarks or trade names, or other distinctive signs, whether owned by NUTROFAR or third parties, implicitly carry the prohibition on their use without the consent of NUTROFAR or their legitimate owners. At no time, except with express written statement to the contrary by NUTROFAR, does access, navigation, or use of the Platform or its contents confer upon the User any right over distinctive signs included therein.

3. All intellectual and industrial property rights over the Contents of the Platform are reserved and, in particular, it is prohibited to modify, copy, reproduce, communicate publicly, make available, transform or distribute, by any means and in any form, all or part of the contents included therein, for public or commercial purposes, if prior, express, and written authorization from NUTROFAR or, where applicable, from the holder of the corresponding rights is not obtained.

4. It is also prohibited to remove or manipulate the copyright indications or other credits that identify the rights holders of the Website’s contents, as well as technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into them.

5. It is prohibited to remove, manipulate, or in any way alter the ‘copyright’ and other reserved rights of NUTROFAR, or its owners.

6. The Client shall refrain from performing acts that could infringe the registered trademark rights of NUTROFAR or third parties whose products it markets, in particular, will not invoke their validity or support third parties with the intention of doing so.

XII. Privacy and Cookies.

To access those services that require prior registration of your data through the forms included on the website, you must read and freely accept our Privacy Policy before providing your data.

NUTROFAR may use cookies during the provision of services and content on the Website. All information about NUTROFAR’s use of cookies is collected and detailed in our Cookie Policy.

XIII. Hyperlinks.

1. The User may create links to NUTROFAR’s website on other websites, portals, or social networks they use, always on a personal basis, without profit motive, and under their full responsibility, provided that the following requirements are met: (a) the hyperlink will only allow access to the linked website, but may not reproduce it in any form; (b) a frame will not be created over the pages of the website; (c) it will not be stated or implied that NUTROFAR has authorized the hyperlink or has supervised or assumed in any way the services offered or made available on the website where the hyperlink is established; (d) except for signs that are part of the hyperlink itself to the website, the webpage where the hyperlink is established will not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to NUTROFAR; (e) the webpage where the hyperlink is established will not contain illegal information or content, contrary to Law, morality and generally accepted good customs and public order, nor will it contain content contrary to any third party rights.

2. The establishment of the hyperlink does not imply in any case the existence of relations between NUTROFAR and the owner of the website where it is established, nor the acceptance and approval by NUTROFAR of its contents or services.

3. NUTROFAR may remove any link as soon as it becomes aware by any means of the illegality of its content or that it harms the property or rights of a third party.

XIV. Use of the Website and Responsibility.

1. In general, any user is obliged to comply with these General Conditions and, where applicable, the special warnings or instructions for use contained on the Website and to always act in accordance with current legislation, good customs, and the requirements of good faith, using the appropriate diligence to the nature of the service they enjoy, refraining from using the Website in any way that may prevent, damage or deteriorate its normal operation, the property or rights of NUTROFAR, its suppliers, partners, other users and in general any third party.

2. NUTROFAR provides access to information of various kinds on its website, with the user assuming responsibility for its use and committing to make appropriate use of the contents and services that NUTROFAR offers through its website and, by way of example but not limitation, not to use them to (i) engage in illicit, illegal activities or those contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, illegal-pornographic nature, advocating terrorism or attacking human rights; (iii) cause damage to the physical and logical systems of NUTROFAR, its suppliers or third parties, introduce or spread computer viruses on the network or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. NUTROFAR reserves the right to remove all those comments and contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or children, public order or security or that, in its opinion, are not suitable for publication. In any case, NUTROFAR will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

NUTROFAR disclaims all responsibility arising from the exchange of information between users of its website

3. The general content of the Website is offered to the user without any consideration and only entails for the user the obligation to comply with these General Conditions. NUTROFAR does not, therefore, have any obligation with respect to these Services to meet certain levels of availability of the Website or adopt specific security measures. Similarly, NUTROFAR may suspend, withdraw or cancel partially or totally the contents not subject to contracting at any time and without prior notice.

4. The Internet connection required to access the Website is not provided by NUTROFAR in any case and is the user’s responsibility. It is the User’s responsibility to adopt all appropriate technical measures to reasonably control these risks and prevent damage to their equipment, data loss, and theft of confidential information. To this end, they must have up-to-date malicious software detection systems, such as viruses, trojans, etc., as well as updated security patches for the browsers they use. For more information, you can contact your Internet Service Provider who can provide you with more details.

NUTROFAR is not responsible and excludes its liability, to the fullest extent permitted by law, for damages that may arise from, including but not limited to (i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the Users’ computer devices and equipment caused by reasons beyond NUTROFAR’s control, which prevent or delay the provision of Services and Contents or navigation on the Website; (ii) Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems; (iii) Those that may be caused by third parties through illegitimate intrusions outside the control of the Website and not attributable to it.

XV. General provisions, amendments, additions, applicable law, dispute resolution, invalidity.

a) The user and/or client may not assign this contract (in whole or in part) without the prior written consent of NUTROFAR. However, NUTROFAR may assign all or part of this Contract to any entity that may take charge of providing the Services included in the Website in the future.

b) There are no verbal agreements. Modifications and amendments to these General Conditions as well as supplementary agreements must be made in writing and signed by a legal representative.

c) These General Conditions and the contractual relationship between NUTROFAR and the Client shall be interpreted and governed in accordance with the applicable Spanish legislation in force

d) The exclusive competent jurisdiction to resolve disputes arising from the General Conditions or in connection with them is Seville capital. However, NUTROFAR, at its own discretion, shall have the right to initiate legal proceedings against the Client in any court having jurisdiction.

e) In the event of partial or total invalidity of a provision forming part of the General Conditions, the validity and application of the remaining provisions shall not be affected. In such cases, NUTROFAR and the Client shall proceed to replace it with a valid provision that is closest to the economic purpose of the invalidated provision.

3. PROPOSAL FOR DOCUMENTARY CONFIRMATION TEXT

In accordance with the provisions of the Scope and General Contracting Conditions subject to this document and, in compliance with art. 28 LSSICE, NUTROFAR must documentarily confirm the contracting carried out. For this purpose, a text proposal is included.

Subject: “Order confirmation from NUTROFAR”

Dear Customer,

By sending this message, the entity NUTROFAR, S.L. (hereinafter, NUTROFAR), confirms the receipt of your acceptance and, consequently, the contracting of the following products:

We remind you that, if you did not print or save the General Terms of Use that you accepted when contracting, they are available on our website at the following URL https://www.nutrofar.es/ … (include URL where the GTC are available)

4. LEGISLATION

Territorial Delegation of Agriculture, Fisheries, Water and Rural Development

Ministry of Agriculture, Fisheries, Water and Rural Development.

Avda. de Grecia. Administrative Building “Los Bermejales”

Seville, 41012

Phone: 955266147

Email:

delegacion.dtse.cagpds@juntadeandalucia.es

Spanish Agency of Medicines and Medical Devices (AEMPS)

Spanish Agency of Medicines and Medical Devices.

Ministry of Agriculture, Fisheries and Food

Ministry of Agriculture, Fisheries and Food.