Terms of service

General Terms and Conditions

This contractual document governs the purchase of products and services through the website www.elmejorboxer.com, owned by Zeibe Professional Care S.L., hereinafter referred to as the PROVIDER.

Acceptance of this document implies that the USER:

- Has read, understands, and comprehends the terms herein.

- Is legally competent to enter into this contract.

- Assumes all the obligations set forth herein.

These terms and conditions shall remain in effect indefinitely and shall apply to all purchases made through the PROVIDER's website.

The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products and reserves the right to unilaterally modify the terms and conditions, without this affecting goods or promotions purchased prior to the modification.

Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is Zeibe Professional Care S.L., with registered office at Camí Can Quadres 41, nave 18A – 08203 Sabadell, BARCELONA (SPAIN), Tax Identification Number (C.I.F.). B64895303, registered in the Barcelona Mercantile Registry, Volume 40602, Folio 183, Page B368985, Entry 1, with customer service telephone number +34 93 707 00 17.

And on the other hand, the USER, registered on the website with a username and password, for which they are fully responsible for use and safekeeping, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Subject of the Contract
This contract governs the contractual relationship of sale and purchase established between the PROVIDER and the USER when the latter accepts the corresponding checkbox during the online contracting process.

The contractual relationship of sale and purchase entails the delivery of a specific product or service in exchange for a price determined and publicly displayed on the website.

Contracting Procedure
To access the services or products offered by the PROVIDER, the USER must register on the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with current regulations on personal data protection, specifically Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to use them diligently and not to share them with third parties, as well as to notify the PROVIDER immediately of their loss or theft, or of any unauthorized access by a third party, so that the PROVIDER can proceed with immediate account blocking.

Once the user account has been created, please note that, in accordance with Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

- General Terms and Conditions.
- Order Submission.
- Right of Withdrawal.
- Claims.
- Force Majeure.
- Jurisdiction.
- General Offer Details.
- Price and Offer Validity Period.
- Shipping Costs.
- Payment Method, Fees, and Discounts.
- Purchase Process.
- Applicable Guarantees.
- Warranty and Returns.
- Applicable Law and Jurisdiction.

1. General Terms and Conditions

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

These Terms and Conditions, together with the Website's Privacy Policy and Legal Notice, are the only terms applicable to the use of the Website and the purchase of products through it, and supersede any other terms and conditions. Therefore, any User who accesses the Website, registers, and purchases products through the Website agrees to be bound by these Terms and Conditions, the Privacy Policy, and the Legal Notice as they are written at the time of access.

All Users who register on the Website must be at least eighteen (18) years old.

2. Order Shipping

Shipments will be made in accordance with the terms and conditions set forth in the Shipping and Delivery Times section.

3. Right of Withdrawal

The USER has the same rights and timeframes to return and/or claim for any defects or flaws in the product or service, whether purchased online or offline.

The USER has fourteen calendar days from the date of receipt of the product to return it (Article 71 of Law 3/2014 of March 27). Unless the return is due to product defects, the USER will be responsible for the shipping costs. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal cannot be exercised in the following cases:

- If the product is not returned in perfect condition.

- If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition; the use of seals and adhesive tape applied directly to the product is prohibited.
- When the product has been opened and it cannot be proven that it has not been used.
In the case of software applications downloaded directly through the portal.
- When the products are personalized or those that, for reasons of hygiene or other legally established exceptions, are not eligible for this right. All returns must be communicated to the PROVIDER. To do so, we simply ask that you notify us in writing by email to info@elmejorboxer.com, indicating the necessary information to locate the purchase. Upon receiving your email, we will confirm its receipt by email.We will explain the process to follow. In this case, you must send us the products in perfect condition no later than 14 calendar days after receiving them. In these cases, "El Mejor Bóxer" will reimburse the customer for all original purchase costs. However, the customer will bear the direct cost of returning the products.

4. Complaints

Any complaint the USER deems appropriate will be addressed as soon as possible and can be submitted to the following contact addresses:

Address: Zeibe Professional Care S.L., Camí de Can Quadres 41, Unit 18A, 08203 Sabadell, Barcelona

Telephone: +34 93 707 00 17

We have a complaints form available for customers, which can be requested by writing to info@elmejorboxer.com.

Likewise, any questions, suggestions, or comments can be directed to our Customer Service department by email at info@elmejorboxer.com or by phone at +34 93 707 00 17 (customer service hours are Monday to Friday, 9:00 AM to 6:30 PM).

Online Dispute Resolution (ODR)
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts. This platform facilitates the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. Force Majeure

In the event that, due to circumstances beyond our control, a product is unavailable after purchase, "El Mejor Bóxer" will inform the User by email of the total or, where applicable, partial cancellation of the order. Partial cancellation of an order does not entitle the User to cancel the entire order, without prejudice to the User's right of withdrawal in accordance with these Terms and Conditions. "El Mejor Bóxer" is not responsible for delays in order deliveries or the inability to fulfill orders when the cause is due to a force majeure event, and therefore, beyond our control. Among other causes, we consider force majeure to exist in the following cases, but without limitation: accidents; strikes; riots, threats or terrorist attacks; fire or explosion; weather events or natural disasters such as storms, floods, earthquakes, landslides, epidemics; problems beyond our control in transportation or telecommunications systems. To the extent possible, once the cause of impossibility or delay has ended, "The Best Boxer" will do everything possible to resume its business activities and be able to fulfill its obligations and shipments.

6. Jurisdiction

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in this sale.

If any provision of these terms and conditions is deemed invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.

The USER declares having read, understood, and accepted these General Terms and Conditions in their entirety.

7. General Terms of the Offer

All sales and deliveries made by the PROVIDER shall be subject to these General Terms and Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of Zeibe Professional Care S.L. or stipulated herein shall have effect, unless expressly agreed to in writing and signed by the PROVIDER. In such case, these specific agreements shall prevail. Given the continuous technical advancements and product improvements, the PROVIDER reserves the right to modify product specifications with respect to the information provided in its advertising, provided that such modifications do not affect the value of the products offered. These modifications shall also be valid if, for any reason, the supply of the offered products is affected.

8. Price and Validity Period of the Offer

The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.

The prices applicable to each product are those published on the website and are expressed in Euros. The USER acknowledges that the price of some products may vary in real time.

Before making a purchase, you can check all the details of the order online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total purchase price. Prices may change daily until the order is placed. Products will be sold at the indicated price, with the price in effect at the time of order confirmation by the customer being the applicable price.

Once the order is placed, the prices will remain the same regardless of product availability.

All payments made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice will be sent with the purchased product, as well as in PDF format to the email address provided by the USER.

10. Payment Methods, Fees, and Discounts

The payment methods accepted by "El Mejor Bóxer" are:

PAYPAL/Credit Card:

The customer will be redirected to the PayPal website, taking advantage of its secure payment platform. Once the payment process is complete, they will be redirected back to "El Mejor Bóxer."

Once on PayPal, payment can be made using a PayPal account or a credit card. Cash on delivery is not accepted under any circumstances.

PayPal may hold a small amount as a security deposit when attempting to make a purchase with a credit card on the PayPal platform (usually a few cents or €1). This amount will be refunded by PayPal in approximately one month. The holding of this amount does not guarantee that the purchase will be completed.

STRIPE/Card:

Payment processing services for Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, collectively, the “Stripe Services Agreement.” By accepting these terms or continuing to purchase from elmejorboxer, the USER agrees to comply with the obligations of the Stripe Services Agreement, which may be modified by Stripe from time to time. In order for elmejorboxer to offer payment processing services through Stripe, the USER agrees to provide transaction data related to the use of the payment processing services provided by Stripe.

11. Purchase Process

To proceed with the purchase of the product, the User, who must be over eighteen (18) years of age, must select the product they wish to buy and add it to the Cart. Once the selection of products to be purchased has been completed, the User must click on the “Checkout” icon. Then, the selected products for purchase will be indicated and the User must choose from the available options for shipping the products to the specified address and the method of payment. Finally, the User must click on the "Place order" icon.

The data provided to elmejorboxer through the corresponding form are identifying and enabling elements to access and make purchases and are personal and non-transferable in nature.

12. Applicable Warranties

All our products have a two-year warranty in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, provided that the damage or defect is attributable to us.

Therefore, if the product is defective, "El Mejor Bóxer" will be responsible for collecting it and replacing it with the correct one, covering the costs associated with this return and replacement (except for any additional expenses resulting from choosing an express delivery method, in which case the Customer must assume this extra cost).

To manage the incident, we need you to notify us by email at info@elmejorboxer.com indicating:

The reason for the incident, the order number (essential to locate the purchase), the delivery note, and photos of the damaged or incorrect product so we can assess the situation. If it is an electronic product where the Customer has entered personal data, it is the Customer’s obligation to return the product without any information, content, or personal data that identifies them or could identify them, including third parties. To exercise the warranty right, proof of purchase or delivery note must be provided.

Once this information has been received, we will contact the Customer to explain the steps to follow. You must inform us of the lack of conformity of the product within two (2) months from the moment you became aware of the defect. If it is not objectively possible to replace the product with another of the same type, "El Mejor Bóxer" will proceed to refund its price.

It is important for you to know that our warranty does not cover:

a) Negligent or violent use of the product.

b) Damage resulting from manipulation or intervention of the product.

Furthermore, it is equally important that you follow at all times any instructions for use or installation of the products that we provide you, and in case of doubt, you must contact us by email at info@elmejorboxer.com to receive advice on product usage.

All products offered through the website are completely original unless otherwise stated in their description. All have a two-year warranty period.

13. Warranties and Returns

The warranty of the products offered will comply with the following articles based on Law 23/2003 of July 10 on Guarantees for the Sale of Consumer Goods:

I) Conformity of products with the contract

  1. Unless proven otherwise, products shall be presumed to be in conformity with the contract as long as they meet all the requirements listed below, except when due to the circumstances of the case, any of them is not applicable:

They match the description provided by Zeibe Professional Care S.L.

They are suitable for the uses ordinarily assigned to products of the same type.

They are suitable for any special use required by the customer when they informed Zeibe Professional Care S.L. at the time of contracting, provided that the company accepted that the product is suitable for such use.

They present the usual quality and performance of a product of the same type that the customer can reasonably expect, considering the nature of the product and, where applicable, the descriptions made by Zeibe Professional Care S.L. regarding the specific characteristics of the products.

Zeibe Professional Care S.L. describes the details, technical features, and photographs of the products provided by the manufacturer and is therefore not bound by these public statements.

  1. Lack of conformity resulting from incorrect installation of the product shall be treated as lack of conformity when installation is included in the sales contract and has been performed by Zeibe Professional Care S.L. or under its responsibility, or by the USER when defective installation is due to an error in the installation instructions.

  2. No liability shall arise for lack of conformity that the USER knew or could not have ignored at the time of contracting or that originates in materials supplied by the USER.

II) Liability of the PROVIDER

Zeibe Professional Care S.L. shall be liable to the USER for any lack of conformity existing at the time of product delivery. Zeibe Professional Care S.L. recognizes the USER’s right to repair, replacement, price reduction, or termination of the contract.

III) Repair and replacement of products

If the product is not in conformity with the contract, the USER may choose between requiring repair or replacement unless one of these options is impossible or disproportionate. From the moment the USER notifies Zeibe Professional Care S.L. of the chosen option, both parties must comply. This decision is made without prejudice to Article IV below, in cases where repair or replacement does not bring the product into conformity with the contract.

Any remedy is considered disproportionate if it imposes costs on Zeibe Professional Care S.L. that, compared to the alternative remedy, are unreasonable, considering the value of the product if it had no defect, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience for the USER.

IV) Rules for repair or replacement of the product

Repair and replacement shall follow these rules:

a) They will be free of charge for the USER.

This includes necessary expenses to remedy the lack of conformity, particularly shipping costs, as well as labor and material expenses.

b) They shall be carried out within a reasonable time and without major inconvenience for the USER, taking into account the nature of the products and their intended purpose.

c) Repair suspends the time periods referred to in Article VII. The suspension begins when the USER makes the product available to Zeibe Professional Care S.L. and ends with the delivery of the repaired product. During the six months following the delivery of the repaired product, Zeibe Professional Care S.L. shall be liable for the same defects that prompted the repair. It is presumed to be the same lack of conformity when defects of the same origin reappear.

d) Replacement suspends the time periods referred to in Article VII from the exercise of the option until the delivery of the new product. The replacement product is subject to the second paragraph of Article VII.

e) If after repair, the delivered product is still not in conformity, the USER may require replacement within the limits of Article IV(2), or a price reduction or contract termination as described in Article V.

f) If replacement does not bring the product into conformity, the USER may require repair within the limits of Article IV(2), or a price reduction or contract termination as described in Articles V and VI.

The USER may not demand replacement for non-fungible products nor for second-hand products.

V) Price reduction and contract termination

Price reduction or contract termination shall apply, at the USER’s choice, when they cannot demand repair or replacement, or when these have not been carried out within a reasonable time or without major inconvenience. Termination shall not apply when the lack of conformity is minor.

VI) Criteria for price reduction

The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery if it had been compliant and the value of the non-compliant product actually delivered.

VII) Time periods

  1. Zeibe Professional Care S.L. is liable for any lack of conformity appearing within two years of delivery. For second-hand products, Zeibe Professional Care S.L. and the USER may agree on a shorter period, not less than one year.

Unless proven otherwise, any lack of conformity appearing within the first six months is presumed to have existed at the time of delivery, except when incompatible with the nature of the product or the defect.

  1. Unless proven otherwise, delivery is considered made on the date stated on the invoice, purchase label, or delivery note, whichever is later.

  2. The action to enforce compliance with the above articles prescribes three years after product delivery.

  3. The USER must inform Zeibe Professional Care S.L. of the lack of conformity within two months after becoming aware of it.

Unless proven otherwise, the USER’s communication is deemed within the time limit.

VIII) Action against the producer

When it is impossible or excessively burdensome for the USER to contact Zeibe Professional Care S.L. regarding lack of conformity, they may claim directly against the producer to obtain repair or replacement.

As a general rule, without prejudice to the producer’s liability expiring under the same terms and conditions as Zeibe Professional Care S.L., the producer is liable for lack of conformity relating to the origin, identity, or suitability of the products, in accordance with their nature, purpose, and applicable regulations.

Producer means the manufacturer or the importer into the EU, or any person presenting themselves as such by placing their name, brand, or distinctive sign on the product. Whoever has responded to the USER will have one year to recover costs from the responsible party, counted from the completion of the remedy.

14. Applicable Law and Jurisdiction

These conditions shall be governed by or interpreted according to Spanish legislation in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute arising from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.

If the USER resides outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit to the Courts and Tribunals closest to the city of Barcelona (Spain).