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LEGAL NOTICE - TERMS AND CONDITIONS OF SALES OF PRODUCTS OFFERED IN THE WEBSITE
1. Information prior to purchase.
The following General Terms and Conditions of Sales have the purpose of regulating the commercial relationship between QUIRUMED, S.L. established in Calle Moroder 3, CP 46113, Moncada (Valencia) (Valencia, Spain), and the Users who purchase any of the products offered through the website.
Information about products will be available in multiple languages.
These General Conditions have been prepared in accordance with the provisions of Spanish law: Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contractual Conditions, Royal Decree 1906/1999 regulating telephone and electronic contracting with general conditions in the development of article 5.3 of Law 7/1998, Law 26/1984 on Protection of Consumers and Users, Law 7/1996 on Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and and any other laws may be imposed.
Use and/or purchase of any of the products offered in the website imply the User's acceptance, without any exceptions, of each and every one of the General Contractual Conditions governing the acquisition.
QUIRUMED, S.L. informs its users that the process for purchasing articles is that described in the General Terms and Conditions and also the instructions indicated on-screen while a user is browsing, so as the User declares to know and accept those procedures as required for access to products and services offered in the website. Any modification and/or correction of the data provided by the Users during the browse will be possible and will have to be carried out according to indications included in the website. The products offered in the website will appear on the screen with their features and prices. We try to show as accurately as possible the actual colours of our products, but you should take into account that the quality, settings and resolution of the computer monitor may have an influence on the perception of colours, which means that there may be a slight difference between the colour of the actual product and the one shown on the monitor. QUIRUMED S.L. cannot guarantee that the colour shown on the monitor is an exact colour reproduction of the final product, you receive. QUIRUMED. S.L. reserves the right to decide at any time which products will be contained and offered to the Users through the website. This allows QUIRUMED, S.L to add new products to those offered in the website, understanding that, unless otherwise provided, such new products shall be governed by the provisions of the General Terms and Conditions. Likewise QUIRUMED, S.L. reserves the right to revoke the access, at any moment and without prior notice, to any of the products offered in the website.
2. Procurement process
For purchasing products in the QUIRUMED, S.L website, users will be asked to register, to be of legal age (18 years) and to fill out the following instructions, as well as any other that may appear on the screen: (I) fill out the electronic form following the indicated instructions; (II) click ACCEPT icon/button; (III) receive an automatic e-mail confirming the registration and containing access data to the User´s account.
Login data consists of e-mail address provided by the User to QUIRUMED SL and an automatically generated password. These are identifying elements allowing the access and purchase, these data are personal and non-transferable. User will not be able to modify the login but there will be the possibility to change the password., which will invalidate the modified codes.
Once registered, to proceed with the purchase of the products, you will have to choose a product category, then add the products you want to acquire in your shopping cart, following the indications that appear in your screen, completing the order form and sending it to QUIRUMED, S.L., this involves reading and irrevocable acceptance of all present General Conditions, as well as Particular Conditions. QUIRUMED, S.L., shall understand the purchase as carried out, unless otherwise provided by law.
Once the purchase is completed, QUIRUMED, S.L will send an automatic message to the User/Buyer with the order details. Following, the User/Buyer may request the relevant pro-forma invoice and QUIRUMED, S.L. will send it. The final invoice will be enclosed in the package with the purchased product or sent by e-mail, if requested by the User/Buyer.
Order confirmation and pro-forma invoice are not valid as invoice. QUIRUMED, S.L. reserves the right to cancel User's login and password, and therefore the access to the website for those users who keep debit or unpaid balances with QUIRUMED, S.L., WHETHER Individuals, Companies or Distributors.
As soon as possible, QUIRUMED, S.L. will deliver products purchased by the User/Buyer to the address indicated in the order, which may be other than the habitual residence, there is also a possibility to send it to your workplace or directly to the person for whom the product is destinated (no delivery at post office boxes). Delivery period shown on the website, shall run from the date on which QUIRUMED receives the payment.
NOTE: the dates and delivery periods indicated in the offer are for guidance only. QUIRUMED SL will strive to keep the deadlines, however, their delay will not involve the cancellation of the order or any compensation.
The goods always travel at the risk of the hired transport agency, therefore QUIRUMED, S.L. shall not be responsible for any damage, loss, carriage, injuries or accidents produced during transportation.
Upon receipt of your order, check that the package is not damaged externally. If the pacakge is damaged, indicate it on the delivery receipt of the courier (Damaged Package) and ask the courier to wait until you open the package and verify if the goods are not damaged. All claims for lack of conformity or damaged goods must be clearly indicated in writing on the carriers delivery note and immediately (within 24 hours) notified to the the after-sales department of QUIRUMED, S.L. In any case, you should always check if the merchandise was delivered in perfect conditions upon receipt your order.
If the product is visibly damaged, do not accept the product and let us know immediately to claim to the agency within 24 hours. Past 24 hours, QUIRUMED SL will not be responsible for damage caused during transportation of the goods.
Quirumed will not consider claims on damages during transportation, if the customer signs the delivery note without any notes about breakage.
Deliveries of large volume goods such as couches, beds, cabinets, etc. do not include services for carrying upstairs, courier will leave the goods on the street level. We provide an additional service of door-to door delivery, you may hire this service through the contact form on the website.The product price does not include installation or assembly. Make sure the product can enter the elevator or stairwell.
If additional transportation service has not been hired, the User/Buyer would be responsible for uploading the package to the desired location on his/her own.
DATA TRANSFER AND COMMUNICATION
QUIRUMED, S.L. informs that in order to provide the services hired by the clients, personal data of the clients such as: e-mail, name, surnames and address provided by the client, will be transferred to the transport and courier companies for the purpose of delivery of the products ordered by the clients.
Acceptance of these general terms and conditions implies that you expressly authorise QUIRUMED S.L. to process your personal data solely and exclusively for the purposes identified above.
4. Price and payment methods.
The purchase prices valid at the time your order is placed are those shown on the screen, except misprints. The prices shall indicate the value-added tax (VAT) applicable in Spain. The prices are indicated in EUROS. The currency exchange is viewed in the upper right corner. The exchange rate is subject to daily changes in exchange rates. We inform you that the currency exchange rate on our website is updated every day according to data from the European Central Bank http://www.ecb.int/ecb/html/index.en.html.
Purchases made by residents of the non-EU countries shall be exempt from VAT, and subject to appropriate import tax (customs expenditures and taxes on imports are not included in the unit price and shipping costs and must be paid by the recipient upon delivery).
Due to their special tax system, the geographic territories corresponding to the Canary Islands, Ceuta and Melilla are considered non-EU member territories.
As a general rule, any tax, rate, levy and commission resulting from the product purchase, and any other cost that may arise as a result of it, will be paid by the User.
Shipping costs shown on the screen will be paid by the User, will correspond with the rates set by the transport agency selected by Quirumed, and will depend on the destination and weight of the package.
When the buyer adds the product to the "Shopping cart", the price of the product with and without VAT will appear on the screen. If the purchase is exempt from the VAT, such exemption will be applied automatically due to the personal data entered by the User, once the order is confirmed. The payment for the purchased products and the delivery costs, shown on the screen may be paid by credit card, debit card, bank transfer, paypal, etc. To make the payment, the User has to follow all instructions shown on the screen, providing the following information: if the payment is made by credit or debit card: a) type of the credit/debit card; b) credit/debit card number; c) expiry date; d) any other data that may appear on the screen.
As an electronic payment system QUIRUMED SL has installed a secure credit card system provided by the bank. All the information provided during transaction is encripted to ensure the security and integrity of all sensitive data.
Data provided during transaction is housed in a secure server certified by SSL (Secure Sockets Layer) by Quick certificate. This protocol is universally supported by all major browsers and guarantees to the User (I) identity of the recipient of his/her data, (II) confidentiality of the provided information, (III) integrity (no manipulation) of the provided information.
Therefore, QUIRUMED SL expresses that under no circumstances does it store the data provided by the Users through the payment system, the data is kept only during the purchase and payment process and until the withdrawal period is over. In order to provide greater security to owners of the credit cards, we have included a three-digit number on their card that serves as identification code to verify the physical presence of the card during transactions through the Internet. This three-digit number is printed on the back of your card (on the signature strip), following the credit/debit card number. These three digits will be requested to complete and validate the payment, in order to prevent fraudulent transactions by credit card.
5. Products return policy.
The Customer shall have a maximum of fourteen (14) calendar days after delivery of the product to withdraw the purchase of the Product, in whole or in part, in accordance with applicable law.
Once the period of fourteen (14) calendar days has expired, QUIRUMED SL will not accept returns for withdrawal of product purchases.
The Customer shall not be entitled to withdraw in the cases provided in the legislation applicable and, in particular, by way of example and not limitation, in the following cases: (i) products made according to customer specifications or customised; (ii) For reasons of hygiene and health, QUIRUMED, SL restricts the returns of hygiene products, products likely to be in contact with the skin, food products (iii) products which were removed from the packaging after delivery.
The procedure to carry out a return starts with the customer's request by opening an enquiry through the After Sales Department that appears on the website, directly sent to QUIRUMED, SL. The After Sales Department will give a reply within 48 hours from receipt of the application, with instructions to follow on how to return the item.
Once the Customer receives the return number, they must make the return within five (5) days, by sending the item back to QUIRUMED, SL. On the returned product, they must clearly indicate the sending package assigned number on the package and send to the following address: Street Moroder, 3, CP 46113, Moncada (Valencia).
QUIRUMED, SL. Shall not be liable for the costs of the returning the item when they exercise the right of withdrawal. The costs to send the item back will be covered by the customer.
QUIRUMED, SL will check all returned products at their instalations, reserving the right not to refund if it detects that the product purchased is not received in good condition and / or in their original packaging, which has been used, altered or modified.
QUIRUMED, SL will manage the refund request of the price and shipping costs by the same payment system used by the Client for the purchase of the Products. Any additional costs of the postage for express, priority or courier service will not be refunded. The refunds will be processed in EUROS.
6. Communication between the parties – Customer Service.
For the purposes of these General Conditions, and any communication that is necessary between QUIRUMED SL and the User, it should be addressed to our Customer Services department through our web's contact form or in a written communication addressed to Departamento de Atención al Cliente (Customer Service Despartment), QUIRUMED, S.L , Calle Moroder, 3, CP 46113, Moncada (Valencia).
Communications of QUIRUMED SL to the User shall be carried out using the electronic addresses provided by the User upon registration. The User expressly accepts electronic mail as means and channel of notification valid for the practice of any communication whatsoever related to the web, its use, contents and/or the acquisition of goods.
QUIRUMED SL being conscious of the importance of website User's privacy, has developed a Personal Data Protection Policy and has notified the Users about it, so that they can freely and voluntarily decide whether or not to provide personal information to QUIRUMED SL when it is required or may be obtained when using this website or ordering some of the products available at the website.
QUIRUMED SL reserves the right to amend, at any time and without previous notice, its Personal Data Protection Policy in order to adjust it to the legislation in force at any particular time.
The website does not contain any information addressed to minors (under 18) and, accordingly, QUIRUMED SL will not deliberately gather personal data on minors (under 18), and will, if appropriate, delete any item of data that may include data on minors when it become aware of such circumstance.
Before contracting or purchasing, the User will have to provide to QUIRUMED SL certain personal information (name and surname, e-mail address, VAT registration number, other ID number, etc.) which will be processed by QUIRUMED SL in order to carry out the distance contract, manage, administrate, provide, expand, improve and adapt the services offered on the website to the preferences of the User. As well as, carry out promotional and advertising activities in the healthcare sector by any means, that might be of his/her interest to expand and improve our products and bring our offers into line with his/her preferences, from the study and segmentation of personal and business information that we recorded in our files as a result of his/her access to the website and to enable personalized navigation. This file belongs to the activity holder, QUIRUMED SL.
In accordance with the Organic Law 15/1999 of December 13, on personal data protection, the User is entitled to access, rectify, cancel or oppose his/her personal data under the conditions established by Law in force concerning his/her personal data recorded in accordance with the foregoing paragraphs. For such purpose the User can execute his/her rights by sending a written request accompanied by a photocopy of your ID document or passport directed to the address mentioned above.
The User expressly accepts the inclusion of data collected while browsing the site, or provided by filling in any form, including those arising from commercial and/or delivery of products purchased, in its personal data file referred to in the previous paragraph.
During the data collection process, and in every part of the website in which such data are requested, the User will be informed, either through a hyperlink, whether in the form itself, about mandatory or not character of such data collection for the delivery of the products, except the ordering, in which case since then QUIRUMED SL reports to the User that will not be considered voluntary, because its inclusion is necessary to complete the purchase order, provide the data concerning the identity and address as these data are required for the execution and completion of the sale.
QUIRUMED SL hereby states that the information included in the file will be used respecting your confidentiality and only for the purpose for which it has been gathered, further complies with its obligation to safeguard the same and take all of the measures necessary in order to prevent non authorised alteration, loss, processing or access, pursuant to the terms set out in the Royal Decree 1720/2007 dated 21 December, which approves the regulation implementing the Organic Law 15/1999, of 13 December, on the Protection of Personal Data.
Our web site contains "cookies" which allow QUIRUMED SL to obtain information regarding Users, such as parts of the website visited previously by the User and also products and services he/she prefers.
You can choose to prevent the installation of cookies in your hard disk through the relevant settings in your internet browser in order to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard disk, however by doing so, it is possible you may not be able to make complete use of all the website features.
8. Applicable law, submission to jurisdiction.
The present General Conditions along with Specific Conditions that may be established, shall be governed by and construed in accordance with the Spanish laws. The Parties expressly subject themselves to the authority of the City of Moncada (Valencia - Spain) Law Courts, which are to be understood as the sole location for the resolution of any legal conflicts arising in relation to accepted contractual obligations and General and Specific Conditions, and expressly renounce their right to any other jurisdiction.
There will be different payment methods offered to the User/Buyer to choose, including: a) Bank transfer b) Credit Card c) PayPal
Although prices are shown in EURO, the User/Buyer has to change the currency of the Web page, in which case payment will be charged in the currency previously chosen. The User Buyer may request pro-forma invoice issued in the selected currency. The final invoice received with the product will always be issued in EURO.
All the payment methods available through the website are advance payments (received in advance for goods or service).
The warranty of products sold by QUIRUMED, SL and it establishes lends under the rules contained in current legislation, in particular in the aforementioned RD 1/2007, Article 114 and following, legal framework that aims to facilitate consumer demand options for sanitation when the purchased good is not in conformity with the contract, giving the option to require repair or replacement of the goods, unless one of them is impossible or disproportionate. When the repair or replacement is not possible or are disproportionate, the consumer may claim a price reduction or termination of the contract.
In case of lack of conformity of the product within two (2) years for individual consumers and a period of one (1) year for professionals and freelancers is recognised from the time of delivery, and from this period the buyer can enforce their rights. Only 6 months after delivery it shall be presumed that the lack of conformity existed at the time of the delivery, corresponding to the buyer to prove that the productwas not conforming, according to Article 114 et seq of the RD 1/2007.
After the first 6 months from the date of invoice, the equipment for repair must be sent prepaid by the customer. QUIRUMED, SL reserves the right to verify that the defect has been caused by manufacturing error or misuse. If the product is under warranty, QUIRUMED, SL Customer will pay the postage prepaid and return to the customer will be covered by QUIRUMED, SL If the product is not under warranty, the customer will have to pay the transport costs the product taking care of the transport costs. Consumable parts such as batteries, hydraulic, motors, cables, batteries, bulbs, fuses, etc. are not covered by the warranty along with other accessories.
During the period of repair or service, the company will not replace the product nor imply any compensation.
QUIRUMED, SL reserves the right to request an official technical service of the brand, to verifify of the origin of the problem. In the case that a defect should be caused by misuse, the repair will be chargable.
To excercise the right of the guarantee, the customer will first have to inform our customer service department. It will not be accepted by our warehouse any items that have not been previously authorized for an exchange, refund or repair. See instructions in paragraph 5.
The warranty is directed only to the owner (contracting party) written on the invoice and only the title holder can exercise the right to the warranty
The warranty will not be valid:
- In cases of misuse, for not following the instructions of the product correctly.
- If you modify, alter or replace some of the information on the purchase invoice.
If you handle or repair the device itself secured without the knowledge of our technical service.
If you don´t have a copy of the invoice..
For power surges or wrong voltage connection.
For extended warranty please consult with Quirumed, S.L.