1) OBJECT AND SCOPE OF APPLICATION
The purpose of these General Contract Conditions is to regulate the relationship between DESARROLLOS, INVESTIGACIÓN Y MEJORAS EN MATERIA VEGETAL, S.L. (hereinafter “MEDCAN”) and you (hereinafter “the Client”), relating to all transactions made through the website https://www.medcan.es/ (hereinafter, “the Website”), owned by DESARROLLOS, INVESTIGACIÓN Y MEJORAS EN MATERIA VEGETAL, S.L., with registered offices at Calle Valencia, 575, 08026 Barcelona, CIF nº: B67627372 and registered in the Mercantile Registry of Barcelona.
For any questions, you can contact us at 93 231 68 04 or at the following e-mail address: firstname.lastname@example.org
Online contracting of products and / or services offered by MEDCAN through this website will be subject to the provisions of these General Purchase Conditions.
2) ACCEPTANCE AND PROOF OF ACCEPTANCE
The acquisition of the products and / or services must be done through the activation of the PAY or BUY buttons that appear at the bottom of the purchase requests, and express the total acceptance of each and every one of the Purchase Conditions as they are shown on the MEDCAN web page prior to the acquisition of the products / services contracting, without being subject to the new clauses that may occur in the Purchase Conditions later.
From the moment of acceptance, the user acquires the status of a MEDCAN Client that is described in these General Purchase Conditions. Any product or service offered subsequently by MEDCAN must be the subject of a new purchase.
If the Client wishes to read the Conditions of Purchase more thoroughly, he or she can print on paper or save this document in electronic format.
MEDCAN will send the Customer, once these Purchase Conditions have been expressly accepted, justification of the purchase made, with all the associated terms, by email within 24 hours of purchase.
MEDCAN informs you that for legal reasons it files the electronic documents in which the purchases are formalized, which you can access at any time, by request to our e-mail: email@example.com
3) PRICES, FORMS OF PAYMENT, DELIVERY AND WITHDRAWAL
The prices applicable to each product are those indicated on the website on the date of the order including, where applicable, VAT (Value Added Tax).
However, in accordance with the provisions of Law 37/1992, December 28, regulating above-mentioned tax, the operation may be exempt or not subject to the same depending on the country of residence of the buyer and the condition in which the client is acting (employer / professional or private). Consequently, in some cases, the final price of the order may be altered in relation to the one shown on the website.
In shipments made to countries outside the European Union, MEDCAN will not assume the expenses corresponding to the taxes and customs duties of each country.
MEDCAN reserves the right to make the modifications it deems appropriate at any time and without prior notice, and may update products and services according to the market. The shipping costs that appear on the website when ordering are approximate and are calculated based on an average statistical weight per product. MEDCAN reserves the right to alter shipping costs when the weight of the products requested varies by more or less than 10% with respect to the aforementioned average weight. In these cases, MEDCAN will communicate the variation to the Client by email and the Client must confirm to MEDCAN, also by email, that it maintains its interest in making the order, so that MEDCAN can process it. The shipping costs and the corresponding VAT are always indicated in the order.
3.2 Forms of payment
Purchases, depending on the products to be purchased, can be paid through electronic means implemented by our e-commerce partner Shopify, listed below:
– By Bank transfer.
– By cash on delivery.
Deliveries are sent to the delivery address indicated by the Client, within an approximate period of 7 working days for deliveries in the Iberian Peninsula and 20 working days abroad for products in stock. If no stock is available, MEDCAN will inform the Client accordingly as soon as possible.
MEDCAN sends orders to its customers through different urgent transport companies of recognized national and international prestige, as well as through the local Postal Service. The delivery date at the Client address depends on the availability of the chosen product and the shipping area. Before confirming your order, you will be informed about the approximate transportation times. However, these terms may vary depending on the specific circumstances of each order. In particular, transport periods can be altered by extraordinary incidents in the carrier and by difficulties in the delivery of the goods. In any case, if the Client does not receive the order within the maximum legal period of 30 days from the purchase, he or she can contact MEDCAN by phone 93 231 68 04 or by email: firstname.lastname@example.org
MEDCAN guarantees the Client the possibility of cancelling their order at any time and without any cost provided that the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise the right of withdrawal will not proceed.
To exercise the right of withdrawal, you must notify MEDCAN, Calle Valencia, 575, 08026 Barcelona, Catalonia, Spain, telephone 93 231 68 04 and email: email@example.com of your decision to withdraw from the contract through a unequivocal statement (for example, a letter sent by mail or email). In either case, MEDCAN will inform you as soon as possible of the acknowledgment of receipt of said withdrawal. In case of withdrawal, we will refund all payments received from you and proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly requested otherwise. In any case, you will not incur any expenses as a result of the refund. If a product different from the one requested by the client was delivered by mistake on the part of MEDCAN, the correct product will be delivered, and the first one collected, without any additional charge to the Client. If a product has arrived broken, damaged or in poor condition, MEDCAN will take charge of picking it up from your home, replacing it with another in good condition, without additional charges. For any complaint or query, you can contact MEDCAN through telephone 93 231 68 04 or email: firstname.lastname@example.org
4) PROCEDURES TO ACTIVATE THE PURCHASE
To acquire the products and / or services offered on the Web, it is only necessary to fill in the purchase form (request) with the personal data and payment information.
Once a purchase request has been received, MEDCAN will send a confirmation of the order to the email address indicated in the purchase request as soon as possible within 24 hours of the request.
The language in which the contract between MEDCAN and the Client will be completed is Spanish.
6) LEGAL GUARANTEE AND RESPONSIBILITIES OF MEDCAN
The products are covered by a legal guarantee of two years against the lack of conformity under the provisions of the General Law for the Defense of Consumers and Users (Law 3/2014, March 27, by which is the modified revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, November 16). By virtue of said legislation, the consumer has the right to claim against the seller and, in certain cases, against the manufacturer in case of any lack of conformity that exists at the time of delivery of the goods within the terms and conditions established herein. The Client has the obligation to report possible defects and non-compliance immediately upon receipt and subsequent detection during the first 24 hours. In case of defect we will proceed, at our expense, to restore the product through repair / replacement or price reduction, as established by the existing legal provisions. MEDCAN guarantees the quality of the service contracted through the website https://www.medcan.es/
All the rights that the laws in force guarantee to consumers and users are guaranteed. Failure to comply with any of the Conditions of Purchase may result in the return of the products or cancellation of the services purchased by the Client.
7) CLIENT’S RESPONSIBILITIES
The Client is obliged to make a lawful use of the services, without contravening the current legislation, or injuring the rights and interests of third parties. The Client guarantees the truthfulness and accuracy of the data provided when filling in the purchase forms, thus avoiding harm to MEDCAN as a result of the incorrectness of the same. Failure to comply with any of the Conditions of Purchase may result in the withdrawal or cancellation of services by MEDCAN, without prior notice to the Client and without giving any right to compensation.
8) INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the works, brands, logos, and any other susceptible of protection, contained in the MEDCAN web page, correspond exclusively to MEDCAN (or authorizing third parties), to whom also belongs the exclusive exercise of the rights of exploitation of the same in any form and, especially, including and not limited to the rights of reproduction, copy, distribution, transformation, commercialization, and public communication. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of MEDCAN or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights. By accepting these General Purchase Conditions, the Client undertakes to respect the rights of Industrial and Intellectual Property owned by MEDCAN and third parties.
9) JURISDICTION AND APPLICABLE LAW
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, as the case may be, will be made aware of the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction, dealing with, in the case of final clients, the place where the obligation is fulfilled. All this is without prejudice to the Client’s right to go to the Consumer Arbitration Board in the region. In the event that it is a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).