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Terms and Conditions

Introduction
This contractual document shall govern the General Conditions for contracting services (hereinafter, "Conditions") through the nataliabenete.com website, owned by NATALIA BENETE, hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this website.


These Conditions will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.


Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and this or other special laws.


Acceptance of this document implies that the USER:
•    Has read and understood the above.
•    Is a person with sufficient capacity to contract.
•    Agrees to comply with all obligations set forth herein.

 

These conditions shall be valid for an indefinite period of time and shall apply to all contracts made through the PROVIDER's website.


The PROVIDER informs that the business is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented before the modification.


The USER is reminded to review these conditions carefully before making any purchases.

Identity of the contracting parties
The service provider, NATALIA BENETE (with NIF 52009421G), can be contacted at: hola@nataliabenete.com.


On the other hand, the USER, who can register on the website through a username and password, for which he/she has full responsibility for use and custody and is responsible for the accuracy of the personal data provided to the PROVIDER.


Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

 

The contractual purchase and sale relationship involves the provision of an in-person or an online consultation service by video call, in exchange for a specific price, which is clearly displayed on the website.

Rectification of data
If the USER identifies errors in the data on the website or in the contract documents, he/she may notify the PROVIDER at hola@nataliabenete.com to correct them as soon as possible.


The USER may keep his/her data updated by accessing his/her user account.

Recruitment procedure
The USER, to access the services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed by the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons about the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the

Privacy Policy of this website.


The USER will select a username and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.


Once the user account has been created, we inform you that following the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions.
2. Activation of services.
3. Right of withdrawal.
4. Online complaints and dispute resolution.
5. Competition.
6. Generalities of the offer.
7. Price and period of validity of the offer.
8. Method of payment, costs, and discounts.
9. Unbundling and suspension or termination of the contract.
10. Applicable law and jurisdiction.
11. Special Conditions of Service

1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES
The PROVIDER will activate services by the following procedures, which are specific to the type of service offered:
a) 1:1 program
For the 1: 1 program, whether conducted online or in person, the USER initiates the process by booking the first appointment and making the payment directly through the website. Following this initial appointment, subsequent sessions and appointments will be mutually agreed upon during the session. The PROVIDER will send email reminders to the USER for all scheduled appointments, whether the program is followed online or in person.
b) Group Workshops
For group workshops, USERS will be able to reserve their spots once the workshop becomes available on the website. The registration process may vary depending on the workshop.
The USER can also create an account on the PROVIDER website, where he/she can have access to all the services booked.


Given that the services provided encompass both online and in-person options and do not involve physical product delivery, the activation of services occurs as described above. The PROVIDER will not activate any service until payment has been successfully verified.


Should exceptional circumstances prevent the PROVIDER from fulfilling a contract, the USER will be promptly notified, and alternatives such as rescheduling or contract cancellation with a refund for unrendered services will be discussed.

 

Please note that the PROVIDER cannot assume responsibility when services are not provided due to inaccurate or incomplete user-provided information or due to connection problems on the part of the USER unrelated to the PROVIDER.

The service will be considered completed when the validity period of the program, as purchased by the USER, expires. In such cases, if all sessions have not been conducted, it is not the responsibility of the PROVIDER.

3. RIGHT OF WITHDRAWAL
Withdrawal form: https://nataliabenete.com/withdrawal_form

 

The USER has a period of fourteen calendar days, starting from the date of the first session of the 1:1 program, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, according to article 105 of RDL 1/2007.


The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007, and specifically, The USER may only cancel his/her purchase if he/she has not established any contact with the PROVIDER, nor set a date for the session/video call, nor started the treatment.
If it corresponds to the conditions, the purchaser has a statutory period of 14 calendar days from the purchase of the service.


Any cancellation must be communicated to the PROVIDER, requesting a return number via the e-mail address provided for this purpose: hola@nataliabenete.com, indicating the corresponding invoice or order number.


Once the USER has received the notice of cancellation or withdrawal, the PROVIDER will send the refund by the same means of payment used to make the purchase (credit card, PayPal, etc.) and will include a refund invoice.

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made to the following e-mail address: hola@nataliabenete.com


Online Dispute Resolution 
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

 

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

 

 

5. COMPETENCE
The USER may not transfer the rights, responsibilities, or obligations established in the sale.


If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way and shall not be modified in any way.


The USER declares that he/she has read, knows, and accepts these Conditions in their entirety.

 

 

6. GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be subject to these Conditions.

 

Any modifications or agreements contrary to the PROVIDER’s Commercial Proposal or these terms shall be valid only if expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

 

Given the continuous technical progress and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as this does not affect the value of the services offered. These modifications will also be valid if, for any reason, the possibility of supplying the services offered is affected.

7. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include any other additional services and annexes to the service purchased.


The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real-time.


Before making the purchase, the USER will be able to check online all the details of the quotation: type of services, quantity, dates, charges, discounts, taxes, and the total amount of the purchase. Prices may change daily until the order is placed.


Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he/she has informed at the time of placing the order. This invoice may be requested by e-mail or by any of the means made available by the PROVIDER, informing the USER that he/she may revoke this decision at any time.


For any information about the order, the USER can contact the PROVIDER at hola@nataliabenete.com

8. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
•    Credit card, via the Wix Payments platform
•    Pay Pal
•    Bizum (for Spanish residents)

 

The USER may use a discount coupon before the completion of the purchase if he/she has received one from the PROVIDER.


Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all to prevent unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

9. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.


THE PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policy.


When exercising any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.

10. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by Spanish law in all matters not expressly specified. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation, or the place where the property is located if it is immovable.

11. SPECIAL CONDITIONS OF SERVICE


1.- THE SERVICE
The PROVIDER offers health services, focusing on promoting health and conscious movement into daily life for a pain-free experience.


The service is provided online (videoconference) and/or in-person (at home, in the nature, in clinics or wellness centers) in Fuengirola. In-person sessions can be held in close-by cities with an extra fee and after agreement between the USER and the PROVIDER.


The services proposed by the PROVIDER are 1:1 program and group workshops.
a) 1:1 program (online or/and in person) 
An eight-week program consisting of six individual sessions. The first session is the evaluation and can take up to 90 minutes. The five subsequent sessions typically range from 50 to 75 minutes, depending on the specific focus.
For increased accountability, the USER will receive a summary of the session within 24 hours after it ends. In the case of the in-person program, the USER will receive a PDF via email. In the case of the online program, the USER will receive a recording of the session or a PDF summary after each session; this format will be the same during all the program.

 

b) Group Workshops (online or/and in-person)
The length of the workshops will vary, depending on the topic and how they are provided.
The USER will receive information about the dates, the location, and the price throughout the PROVIDER’s social media announcements, WhatsApp, and directly at the PROVIDER’s website.
Questions or doubts about the services will be answered exclusively by e-mail (hola@nataliabenete.com).
To access the services, the USER purchases the website www.nataliabenete.com. To facilitate the booking process the USER can also create an account on the website www.nataliabenete.com.

 

2.- TERMS AND CONDITIONS OF SALE


2.1. PAYMENTS
The USER must pay for the service in advance. A confirmation email will be sent to the registration address on the website.

2.2. PROGRAM VALIDITY PERIOD
The validity of the 1:1 programs is 8 weeks from the date of the first session.
The USER is responsible for verifying the program's validity date and for scheduling all the included sessions before the expiration date.


Once the program's deadline is reached, any remaining sessions will not be refunded.
In case of changes or questions, the USER can contact the PROVIDER via email at hola@nataliabenete.com. The PROVIDER is not obligated to modify the program's conditions under any circumstances.

2.3. SCHEDULING PROCESS
a) 1:1 program (online and in-person)
The USER will book the first session (marking the starting of the program) and purchase the total amount for this service on the PROVIDER’s website www.nataliabenete.com. Subsequent sessions will be booked at the end of each session, and a confirmation email will be sent to the USER.


b) Workshops (online and in-person)
The USERS will book their spot and purchase the total amount for this service on the PROVIDER’s website www.nataliabenete.com.


To facilitate the booking process the USER can also create an account on the PROVIDER’s website.


If the USER needs help in scheduling the sessions, he/she can contact the PROVIDER by email (hola@nataliabenete.com) to resolve any doubts he/she may have.

2. 4. CANCELLATION AND RESCHEDULING
The USER may cancel or reschedule a session at any time. To do so, the USER must access their personal space on the website www.nataliabenete.com, go to "My Bookings" and click on reschedule or cancel the session.


a)  1:1 Program (in-person and online)
Sessions canceled with less than 24 hours' notice will be considered as completed and cannot be rescheduled or refunded.
The USER can reschedule a session as long as the 24-hour rule is followed, and the rescheduled session takes place within 8 weeks.


b)  In-Person Workshops
Sessions canceled with less than 72 hours' notice will not be refunded or rescheduled for a future workshop.

 

c)  Online Workshops
No refunds will be provided for canceled or missed sessions.

 

In case of needing help for the rescheduling and/or cancellation of sessions, the USER can contact the PROVIDER by email (hola@nataliabenete.com).


2. 5. REFUNDS OR TERMINATION
a) 1:1 Program (Online and In-Person)
The USER may request a refund if they choose to terminate the program after the first session and within the first 3 weeks. In this case, the USER will receive a refund of 35% of the total program fee.
After this initial 3-week period from the first session (whether attended or not), no refunds will be issued.


b) In-Person Workshops
Sessions canceled with less than 72 hours notice will not be eligible for a refund. 
No refunds will be provided for missed sessions.


c) Online Workshops
No refunds will be provided for canceled or missed sessions.

To request a refund, the USER must contact the PROVIDER via email at hola@nataliabenete.com

2.6. TRANSFERABILITY
The USER may not share the services purchased on www.nataliabenete.com with other individuals.

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