This contractual document shall govern the contracting of products and services through the website. nosahealthcare.com, property of LABORATORIOS VCS-FARMA, S.L., hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is LABORATORIOS VCS-FARMA, S.L., with registered office at C/ Plàstic, Pol. Ind. Les Guixeres, 21 - 08915 Badalona (Barcelona), NIF B60281565 and with customer/USER service telephone number 934970596.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity 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 delivery, in exchange for a specific price and publicly displayed on the website, of a specific product or service.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must 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 in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name 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 of possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with 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:
- General terms and conditions.
- Shipment of orders
- Right of withdrawal
- Complaints
- Force majeure
- Competition
- Generalities of the offer
- Price and period of validity of the offer
- Transport costs
- Method of payment, costs and discounts
- Purchasing process
- Applicable warranties
- Warranties and returns
- Applicable law and jurisdiction.
- 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.
- SHIPMENT OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will usually be made by the courier service explained in the purchase process, according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. The delivery time is usually between 72 and 96 hours, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure to be followed for this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible vices or defects in the product or service, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
- If the product is not presented in perfect condition.
- If the packaging of the product 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, and the use of seals and adhesive tapes applied directly to it is prohibited.
- When the product is unopened and it cannot be proved that it has not been used.
- COMPLAINTS
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: LABORATORIOS VCS-FARMA, S.L., C/ Plàstic, Pol. Ind. Les Guixeres, 21 - 08915 Badalona (Barcelona)
Telephone: 934970596
Mail: [email protected]
Online Dispute Resolution (Online Dispute Resolution)
Pursuant 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/
- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
- COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is held to be 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 General Conditions in their entirety.
- GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of LABORATORIOS VCS-FARMA, S.L. or stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, 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 shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 934970596 or by e-mail at the following address [email protected].
- TRANSPORT COSTS
Prices do not include shipping costs, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
- PAYMENT METHODS, CHARGES AND DISCOUNTS
Our e-commerce service only operates through the PayPal payment system.
Paypal is the global leader in online payments. It is a secure payment system in which the user opens an account in the system, which subsequently allows them to make payments in a multitude of online shops around the world, using their credit or debit card.
Paypal will be the only one who will have your bank details, being an intermediary between you and Paypal. LABORATORIOS VCS- FARMA, S.L. This payment method is immediate, as soon as you make the payment, we receive it and process your order.
PayPal allows the use of VISA, Master Card, American Express and transfers from your bank account. It is a very simple system that offers the best security guarantees available.
- PURCHASING PROCESS
Basket (budget simulation)
You can add any product from our catalogue to your basket. In the basket, only the items, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
- APPLICABLE SAFEGUARDS
All products offered through the website are completely original, unless otherwise stated in their description. They all have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of 10 July 2003 on Guarantees for the sale of consumer goods:
I) Conformity of products with the contract
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
(a) conform to the description given by LABORATORIOS VCS-FARMA, SL.
(b) are fit for the purposes for which products of the same type are normally intended.
c) Are suitable for any special use required by the customer when he has informed LABORATORIOS VCS-FARMA, L. at the time of the conclusion of the contract, provided that the latter has accepted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by LABORATORIOS VCS-FARMA, SL.
e) LABORATORIOS VCS-FARMA, SL. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product shall be equivalent to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by LABORATORIOS VCS-FARMA, SL. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. No liability shall be accepted for any lack of conformity which the USER is aware of or could not have been unaware of at the time of concluding the contract or which originates in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
LABORATORIOS VCS-FARMA, S.L. shall be liable to the USER for any lack of conformity that exists at the time of delivery of the product. LABORATORIOS VCS-FARMA, S.L. recognises the USER the right to repair the product, to its replacement, to a price reduction and to the termination of the contract.
III) Repair and replacement of products
1. If the product does not comply with the contract, the USER may choose to replace it, unless one of these options is impossible or disproportionate. From the moment the USER informs LABORATORIOS VCS-FARMA, L. of the option chosen, both parties shall abide by it. This decision by the USER is understood to be without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on LABORATORIOS VCS-FARMA, S.L. that, in comparison with the alternative form of remedy, are unreasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the USER, shall be considered disproportionate.
LABORATORIOS VCS-FARMA, S.L. is liable for any lack of conformity within a period of two years from delivery. In the case of second-hand products, LABORATORIOS VCS-FARMA, S.L. and the USER may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, lack of conformity which becomes apparent within six months of delivery shall be presumed to have existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive their right to any other forum, submitting themselves to the Courts and Tribunals closest to the town of Badalona (Spain).
