Food is the basis of our health

Terms and conditions

Please read this document carefully as it contains the terms and conditions of sale to which you are bound when using the “elikafoods.com” online store. The terms and conditions set out below (the “Conditions”) will apply to your use of elikafoods.com and to all purchases made through elikafoods.com.

These Conditions shall govern the contractual relationship between you and elikafoods, S.L., a company with registered office at Eihera Plaza, 15 – Irun – Gipuzkoa – Spain, registered in the Mercantile Register of San Sebastian, and C.I.F. B75169185 (hereinafter referred to as ‘elikafoods.com’ or ‘us’ or ‘we’).

Any query, complaint or correspondence relating to these Conditions or elikafoods.com should be addressed to the contact details indicated on our contact page.

I. Purchase of Products from elikafoods.com

Ordering Criteria.

You may only purchase products:

  • That are available for sale and whose details appear on elikafoods.com.
  • Delivered in Spain and the rest of the world.
  • Intended for personal use, either your own or that of the recipients for whom you purchase the products. elikafoods.com reserves the right to refuse any order at its sole discretion (for example, when it considers that the order in question is intended to be subsequently sold by means other than the distribution channels authorised by elikafoods.com).

The details of the products available for purchase (including their corresponding price) are specified on elikafoods.com. elikafoods.com will take all necessary and reasonable steps to ensure that all details, descriptions and prices of the products appearing on elikafoods.com are correct when the information is entered on elikafoods.com. While we will do our best to keep the elikafoods.com store as up to date as possible, the information specified at any given time may not always reflect the exact situation when you place an order.

Placing Orders for the Purchase of Products and Conclusion of the Purchase Agreement:

  • Once you have selected the products you wish to purchase, these products will be placed in your shopping cart.
  • At the end of the checkout process, you will click on the “confirm order” button where you can identify and correct any information errors.
  • At the end of the order summary page, you must click on the “place order” button so that we receive a binding order.
  • Once you have clicked on the “place order” button, we will obtain an authorization from the marketing company on your credit or debit card or from your “PayPal” account for the amount indicated on the order summary page. At this point in the process, we will not deduct funds from your card or your “PayPal” account, although the available balance will be reduced by the authorization. If your credit card or PayPal account is not authorized, the order will not be processed.
  • elikafoods.com will send you an email (“Receipt of your order”) confirming receipt of your order for products, which constitutes an automatic acceptance of your order by us.
  • elikafoods.com will send you a second email confirming that the products you have ordered have been sent to you (“Your order has been completed”).
  • You and elikafoods.com will have entered into a contract of sale of the products ordered by you once we have sent you the confirmation email and in any case, however, when you receive the aforementioned products.
  • The contract of sale will be concluded in Spanish and will be stored by elikafoods.com, although it will not be accessible to the Customer after the conclusion of the contract.

elikafoods.com may, at its sole discretion, refuse to process the order, or not be able to proceed with said processing, in the following cases, without any limitation:

  • When the product requested by you has stopped being manufactured or is not available.
  • When the entity that sells your credit or debit card does not authorize payment of the purchase price.
  • When you do not meet the criteria for placing orders specified at the beginning of this section.

Delivery Conditions:

The delivery conditions are those established in this document.

II. Payment Conditions

You may pay with your bank card (credit or debit card) through the Servired (Redsys) payment gateway.

Your bank card will be charged at the conclusion of the sales contract.

Payment by credit card is completely secure. The entire transaction is carried out in encrypted form through a bank validation server using the SSL (Secure Socket Layer) encryption protocol, so your credit card number and expiration date are instantly encrypted on your computer before being sent to the SSL protocol. No one can use your data without your authorization, since the information is unreadable. For greater security, this data is not stored on our server, so you must communicate all the information to us with each new order. We accept payments by Visa and Mastercard.

You can also make your purchases from your “PayPal” account.

III. Returns and Order Cancellation

Returns are accepted provided they are duly justified. The full amount of the purchase will be refunded, minus the shipping costs assumed by elikafoods.com.

The items must be returned in the same condition in which they were received.

IV. elikafoods.com does not provide health advice

The products, information, services and other content provided on this website, including without limitation any products, information, services and content provided by linked websites, are provided for informational purposes only, solely to facilitate discussions with health professionals (the health professionals collective), regarding available treatments. The information provided on this website and its linked pages, including without limitation health-related information and products is often provided in an abbreviated and incomplete form. It is not intended to be a substitute for consulting a health professional for any information contained in the product or product labeling.

You should not use the information or service on this website for the diagnosis, treatment, prevention or cure of disease. In the event of problems or concerns about the state of your health, consult your doctor or health care professional.

You should carefully read all information provided by the product manufacturer on the labeling, before using any remedy, food supplement, sports product or dietary product. Each person is different and the way you react to taking a product may be significantly different from the reaction of other people. You should also consult your doctor or health care professional regarding the interaction between the remedy, food supplement, sports product or dietary product and the medications you are taking.

elikafoods.com shall not be liable for any product or service sold on its website or for any claims of quality or results produced on or through this website or linked pages. Please be advised that other sites on the Internet, including but not limited to linked pages, may contain information that some people may find offensive, inappropriate, incorrect, false, misleading or unlawful.

elikafoods.com explicitly does not assume responsibility for the content, legality or accuracy of any information, product or service related to linked pages.

V. Prices and Currencies

The prices provided on this website are in EURO (€) and include shipping costs only for the Spanish State, excluding the Canary Islands, Ceuta and Melilla. You will be responsible for the tariffs and taxes applied for shipments leaving the Spanish State. International shipping costs vary according to destination (Europe and rest of the world), taxes and tariffs. If applicable, these costs will be your responsibility.

VI. Typographical and pricing errors

We have worked carefully to provide accurate product, service and pricing information. However, typographical or pricing errors may occur. In the case of an item that is incorrectly described or priced, elikafoods.com has the right, at our discretion, to refuse or cancel orders for it. In the case of an incorrect price, we will contact you to inform you and receive your instructions, or cancel your order and notify you of this process. Prices and availability are subject to change without notice.

VII. Quantity Limitation and Items for Resale

elikafoods.com reserves the right to limit the quantity per item purchased per person, per household, or per order. These restrictions may apply to orders from the same account, the same credit card, and orders using the same billing/shipping address. elikafoods.com also reserves the right to prohibit sales for resale.

VIII. Limitation of Liability

Elikafoods S.L., elikafoods.com and its affiliates shall not be liable under any circumstances for any damages or losses resulting from or in connection with the use or inability to use this website including without limitation any liability (I) as a publisher of information, (II) as a seller or reseller of any products or services, (III) for any defects in the products, (IV) for any incorrect or erroneous information, (V) for any unauthorized access to or disclosure of your transmission data, (VI) for claims of third party conduct on this website, (VII) for any other incident related to this website or its linked pages. This is a broad limitation of liability that is applicable to all types of damages, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profit, loss of sales, loss of customers, loss of goodwill or the like).

Regardless of whether based on breach of contractual agreements, warranties or product liability, including whether the user mentions the possibility of such damages, the limitations of liability set forth herein are fundamental elements of the bargaining basis between elikafoods.com and the user. The products, services and information offered on and by this website would not be provided without such limitations were it not for the fact that the laws of some countries may allow the exclusion of certain damages.

IX. Use of the website / Terms of use

You agree to maintain the security of your account on this Website, including the security of your passwords and other confidential information related to the use of this Website and your personal account. You agree to be responsible for any charges and expenses resulting from the use of your account on this Website, including those resulting from unauthorized use of your account. You will take steps to prevent such unauthorized use, such as changing your password. You agree to use this Website for lawful purposes, and that you will be responsible for all use and communication on this Website. You agree not to transmit or communicate any illegal, threatening, inappropriate, obscene, indecent, offensive, or otherwise objectionable information including any material that is not appropriate to the spirit of this Website. You agree not to use this Website in a manner that may interfere with the normal operation, or with another user that may interfere with the use of this Website. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works from any part of this Website and its content. You further agree not to access this Website except in the manner and with the steps provided by elikafoods.com for your access. You further agree not to access this Website from a territory where its content may be illegal, and that you and not elikafoods.com or its affiliates will be responsible for failure to comply with regional or local laws. These terms of use are effective until terminated by elikafoods.com or you. You may terminate these terms of use at any time by not continuing to use this Website.

elikafoods.com may also terminate or suspend these Terms of Use at any time, without notice, and accordingly refuse your access to this Web Site, at elikafoods.com‘s discretion, if you fail to comply with any term or condition set forth herein, or if your use is harmful to another user of elikafoods.com or its affiliates. Following the termination of this Agreement, by you or elikafoods.com, you shall immediately destroy any materials and information downloaded or otherwise obtained from this Web Site and any copies thereof, whether made under the Terms of Use or not. You agree that elikafoods.com may terminate or suspend your access to this Web Site in whole or in part without notice, for any conduct, and at elikafoods.com‘s discretion, that elikafoods.com may construe as a violation of the Terms of Use or violation of applicable law that may be harmful to the interests of other users, elikafoods.com or its affiliates.

X. Legal Application and Jurisdiction

This agreement shall be interpreted according to the laws of the State of Spain without the possibility of choosing legislation. Each user accepts the personal jurisdiction of Spain and also accepts that any legal action related to this Web or this agreement must be exclusively dealt with in the Courts of the State of Spain.

XI. Severability and Interpretation

If any part of this Terms of Use Agreement is held to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining parts shall not be affected. When used in this Agreement the term “including” shall be deemed to be followed by the words “without limitation”.

XII. Entire Agreement

This Terms of Use Agreement constitutes the entire and only agreement between elikafoods.com and each of you, the users of this Website with respect to the subject matter of this Agreement and completely supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding this subject matter and the Terms of Use Agreement. You agree to review this Terms of Use Agreement prior to using this Website and your use of it signifies your acceptance of the terms of this Agreement.

XIII. Changes to Terms of Use

This information was last revised on May 15, 2015. elikafoods.com may, at its discretion, change the Terms of Use from time to time. Please check the Terms of Use periodically for changes. Your use of this Website following any such modification to the Terms of Use constitutes your acceptance of the then current Terms of Use.

XIV. Other

Failure by elikafoods.com or its affiliates to enforce this Terms of Use Agreement does not constitute a waiver of these Terms and shall not be deemed a waiver of these Terms or the Terms of Use Agreement, or of any third party’s right thereafter to insist upon strict enforcement of any or all of the Terms or the Terms of Use Agreement. You agree that notwithstanding any written right, any claim or action based upon or related to use of this Website must be brought within one year after the basis for such claim or action arose or it will be forever barred. The “Limitation of Liability” provision of this Terms of Use Agreement is for the benefit of elikafoods.com and its affiliates as defined above and each of those individuals or entities has the right to assert these provisions directly against you on its own behalf and in its own interest. With the prior agreement of elikafoods.com, any claim, action, disagreement or controversy relating to the use of this Website and/or its Terms of Use shall be decided through arbitration under the rules of the local Arbitration Association and that any arbitration shall take place in the province of Gipuzkoa, Spanish State. The arbitration award shall be conclusive for all parties involved and any arbitration award may be entered into in any court of competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.