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. 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 User/Buyer shall have a period of fourteen (14) calendar days, according to the official calendar of this/her habitual residence, starting from the receipt by the User/Buyer of the purchased products. In any case, it is regarded that the User/ Buyer has known the right of withdrawal from the entry into the website, which requires reading and acceptance of these General Conditions, and in any case from the moment the order is placed.
Withdrawal procedure shall begin with the application of the User/Buyer by filling in product return request form which can be found on the website and sending it to after-sale department of QUIRUMED SL, which shall give an answer within a maximum period of 48 hours from receiving the application and assign a return instruction, if applicable.
Once the return instruction is received, the User/Buyer has to make the return within 5 following days by sending the product, postage paid (charged to the customer) in the original packaging, along with accessories, manual and gifts to QUIRUMED SL, indicating on the package the assigned return number, to the following address: Calle Moroder, 3, CP 46113, Moncada (Valencia).
Returned product will only be accepted if sent in its original packaging and received in perfect conditions.
QUIRUMED SL will not accept return if the product has been used, altered or modified.
When the User/Buyer exercises the right to return, QUIRUMED SL will return the amounts received, discounting the diference between regular and express shipping costs and the corresponding bank transaction commissions. The payments will be made in EUROS.
Not withstanding the above, it is excluded the right to return and/or resolution in those cases in which, by the very nature of the items to be purchased, it is impossible to carry out without prejudice to the corresponding claim of damages and loss suffered.
Returns of hygiene items (articles that are in contact with mouth or skin), personal care products, customized articles or made to order will not be accepted.
Once the product has been returned and we find that the product is in perfect condition, in its original packaging, a refund will be processed.
In order to make the payment, the client must send a bank document in PDF format showing: account holder, IBAN and BIC / SWIFT.
The refund will be effected within 15 working days.
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
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 guarantee of the products sold by QUIRUMED, SL is ldelivered and set under the rules contained in the current legislation, in particular in that mentioned RD 1/2007, Article 114 and following, legal framework which aims to provide the consumer different options for remedies when the purchased not in accordance with the contract, giving you the option to require the repair or replacement of the goods, unless one of these is impossible or disproportionate. When the repair or replacement are not possible or are disproportionate, the consumer may require the reduction of the price or the contract rescinded.
In case of lack of conformity of the product, within two years to consumers and within a year to professionals and autonomos, from the time of delivery for the buyer to take effect their rights. However, only 6 months after delivery shall be presumed that the lack of conformity already existed at the time of it, corresponding to the buyer prove that it was not compliant, according to Article 114 and following of the RD 1/2007.
After the first 6 months from the date of invoice, equipment repair shall be sent by freight prepaid by the customer. QUIRUMED, SL reserves the right to verify that the defect was caused by manufacturing error or misuse. If the product is under warranty, QUIRUMED, SL Customer shall pay postage prepaid and return to the customer shall be borne by QUIRUMED, SL If the product is not under warranty, the customer will have to pick up the product taking care of the shipping costs. Consumable parts such as batteries, cables, batteries, light bulbs, fuses etc.. not covered by the guarantee along with 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, a verification of the origin of the problem. Should the defect be a result of misuse, repair will be chargeable.
The warranty is directed only to the holder (contracting party) that appears on the invoice and only the holder may require the same.
The warranty will lose it's value:
- If you modify, alter or replace some of the same data or proof of purchase.
- If you handle or repair the secured device itself without knowledge of Technical Services.
- If you don't have the receipt
- In case of power surges or improper line voltage.
For extended warranty, check with QUIRUMED, SL
11. Order cancellation
The cancellation of any order which has been processed by the customer and is consequently being manufactured or imported will incur all related expenses such as transportation, customs etc.
QUIRUMED SL reserves the right of admission and cancellation of any order and can return the amount paid by the client and being free of any further obligation.