GENERAL CONTRACTING CONDITIONS

1. -PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:

On the one hand, the provider of the services, PromoHealth S.L. (hereinafter also the “Provider”), with registered office at vilana, 12, 08022 BARCELONA, (Barcelona), N.I.F. B64996663, Customer Service phone number 639324175, and e-mail: manager@drgilete.eu, being the owner of the website drgilete.eu, exposes the contractual document that will govern the contracting of services through the website reviewed. And on the other hand, the “User – Client” (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.

The Parties BOTH ACCEPT this document, with the following implications whereas the user:

  1. Has read, understood and agreed with this text.
  2. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
  3. To assume all the obligations set forth herein.
  4. You have read and accepted these general purchasing conditions from the moment you purchase any of the services that are offered.

This document can be printed and stored by the Users.

In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, manager@drgilete.eu.

The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the services offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the services. It is advisable that you keep a copy of the data included within the purchased services.

PromoHealth S.L. is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased services, such as memory cards. PromoHealth S.L. is not responsible for any and all consequences that may result from improper use of the services that are sold on the web.

The civil liability of PromoHealth S.L. for the services supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the services purchased on the website drgilete.eu, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web.

PromoHealth S.L. is a company specialized in medical .

PromoHealth S.L. sells its services over the Internet through its website and / or by phone.

PromoHealth S.L. has the query for the sale of services.

 

2. -OBJECT OF THE AGREEMENT:

2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.

The contractual purchase-sale relationship includes the delivery of a specific service, in exchange for a specific price that is publicly exposed through the website.

2.2 Territory of application: The virtual shop of drgilete.eu is active for everyone.

2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.

2.4 Consent of the Client: The validation of an order through the web drgilete.eu is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website drgilete.eu or, if desired and requested, can be made available to you by email.

2.5. Modification of the General Contracting Conditions: PromoHealth S.L. reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.

 

 

3. -INFORMATION PROVIDED ON THE WEB drgilete.eu:

3.1 Publication of prices: Exceptionally, the prices of the services shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event,and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.

3.2 Service information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any service on our behalf.

The contents of drgilete.eu are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the services. In the event that the information provided does not correspond to the characteristics of the service, the client will have the right to cancel the purchase without any cost on their behalf.

All contractual information on the website is displayed in Spanish (Castilian) and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.

3.3 Right of Cancellation: PromoHealth S.L. reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific service that does not meet the quality requirements imposed on all services of drgilete.eu. In the event that this lack of quality is detected, the Customer Service of PromoHealth S.L.

3.4 Orders 24 hours a day, every day of the year: The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Barcelona. Orders received during the weekend, public holiday or holiday, will be processed early on the following Monday, or on the next business day.

3.5 Fraud: If any anomaly or fraud is suspected and detected, PromoHealth S.L reserves the right to cancel the transaction for security reasons.

 

 

4. -PURCHASE PROCEDURE:

In order to have access to the services offered by the Provider, the User must register through the website by creating a User account. To do this, the User must freely and voluntarily provide the required personal data, 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 natural persons with regard to the processing of personal data and on the free movement of such data, Spanish Organic Law 15/1999 of December 13 (LOPD) on the protection of personal data and Royal Decree 1720/2007, of development of the LOPD, which are further detailed in the Legal Notice and Privacy Policy of this website.

The User will select a username and password, committing to make a  diligent use of both of them, as well as to not make them available to third parties. Additionally, the User must notify the Provider in the event of loss or theft of such username and password, as well as of the possible access by an unauthorized third party , in order to proceed to the immediate blocking of such data.

When choosing a username, the User will not be able to choose words that have the purpose of confusing others by identifying the latter as an integral member of the Provider, as well as expressions that are abusive, injurious and in general contrary to the law or to the demands of morality and good manners.

Once the User account has been created, please note that in accordance with the provisions set forth by Article 27 of Law 34/2002 for the Information Society and Electronic Commerce Services, the contracting procedure will be conducted through the following steps:

  1. The service is chosen by clicking on it, and it will be automatically added in the “Shopping Cart”.
  2. If there are more services to be added, the option “Continue Shopping” must be selected. If a service was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the services. Once all the services have been chosen, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
  3. Once the service (s) has/have been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
  4. The User will be requested to register in order to make the purchase (this registration is free), in which a data collection form must be completed (whereas you will also have to accept the Privacy Policy and the Legal Notice ). Once the form has been completed, you will receive an e-mail confirming registration to the indicated e-mail address. If you are already registered, you can access your data by clicking on the User button directed for Users that are already registered.

Please check the Spam and Spam controls in your e-mail Inbox and always verify that the contact information you provide is correct.

  1. Once registered, an observations screen will appear, a check box that must be marked as a form of acceptance of these General Contracting Conditions and the Privacy Policy.
  2. To finish the process, you must click on the Finish button.

In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, date of contracting.

If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.

If you have any questions, you may contact our Customer Service through any of the methods provided on the website drgilete.eu.

PromoHealth S.L. will provide Customer Service in a FREE manner, through our contact email manager@drgilete.eu. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.

PromoHealth S.L. puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.

PURCHASE AS A GUEST

This website also has the option to purchase through the purchase functionality as a guest. In this purchase mode, you will only be asked for the essential information to process your order. Once the purchase process is finished, you will be offered the possibility to register as a User or continue as a non-registered User.

 

 

5. -PRICES AND VALIDITY PERIOD OF THE OFFERS:

All prices displayed in the drgilete.eu store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to services no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include expenses of the payment method chosen by the client.

The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as a copy that is included in the delivery of the purchased service in printed form.

The prices that applicable to each service will be those published on the website, and they are automatically applied by the contracting process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the services may vary in real time. In any case,such situations will always be previously communicated to the Users.

For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.

The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.

For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.

 

6. -PAYMENT METHODS:

Below we detail the available payment systems:

6.1 Payment by credit or debit card: The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. Only Visa and MasterCard are accepted (or specify which ones can be used). We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.

The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

6.2 Payment by transfer or deposit account: At the time of completing the order, the User will receive instructions to pay the order by transfer to the indicated account number. It is essential that both the assigned order number and the name of the User are clearly indicated in the transfer order. In order to confirm the order, it will be necessary to make the transfer within 7 days, otherwise it will be canceled in our system.

6.3 PayPal or other platform: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be formally completed and an email with the summary of your purchase will be sent to you. By pressing the “Back to the Web” button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and PromoHealth S.L does not assume any responsibility for them

 

7. -RIGHT OF WITHDRAWAL:

7.1 Right of withdrawal: The User has 14 calendar days to return the service, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). The User may exercise his right of withdrawal by filling in the form attached to these conditions, indicating the order number (to obtain a refund of the amount of the service/s within the maximum period of fourteen (14) calendar days following receipt of the order) together with your contact information.

Remember that in any case the service should include:

– Return number provided

– Order number

– Date of purchase and exercise of withdrawal

Information of interest (optional):

– Reasons for the return

– Information that you believe is necessary or of interest to process the return

 

In the case of services, the right of return shall be exercised through the immediate cessation of the contract for the provision of the service.

 

7.2 The right of withdrawal can not be applied in the following cases:

  1. Once the service is done.
  2. When the customer is acquiring a downloadable product (access) and this download (access) has already started (accessed), he loses his right of withdrawal.
  3. In relation to the services if these have not been able to be rendered due to the lack of cooperation of the client, the client will lose the right to the return of the payment.
  4. The after-sales assistance of the acquired services will be free if it refers to download difficulties.

 

8. -REIMBURSEMENTS:

8.1 Reimbursement for returns: In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. PromoHealth S.L.

8.2 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the reimbursement, you must provide us with the following information:

– return number

– invoice number and order

– IBAN + 20 digits of your bank account.

8.3 PromoHealth S.L. declines the reimbursement of the amounts if:

  1. Once the service is done.
  2. When the customer is acquiring a downloadable product (access) and this download (access) has already started (accessed), he loses his right of withdrawal.
  3. In relation to the services if these have not been able to be rendered due to the lack of cooperation of the client, the client will lose the right to the return of the payment.
  4. The after-sales assistance of the acquired services will be free if it refers to download difficulties.

 

 

9. -APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:

We understand that the Service provided will be provided in accordance with what is described in their respective characteristics and in these General Conditions. In case of any incident, the User must contact PromoHealth S.L.

 

10. -ONLINE DISPUTE RESOLUTION

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

11. -NULL AND VOID CLAUSES:

If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.

 

12. -APPLICABLE LAW AND JURISDICTION:

These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the services and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).

In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of Barcelona (Spain).

 

13. -COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through our contact form.

In addition, we have official complaint forms that available to consumers and Users. You can request them by calling the Customer Service number 639324175 or through our contact form.

ANNEX: RIGHT OF WITHDRAWAL

For the attention of:

Name: PromoHealth S.L.

NIF: B64996663

Address: vilana, 12, 08022 BARCELONA, (Barcelona)

Phone: 639324175

Email: manager@drgilete.eu

Data of the good / benefit to be abandoned:

Order / invoice number: ______________________________________________

Order date / invoice: ___________________________________________

Date of receipt of the service / service: ___________________________

Service / service description: __________________________________

_______________________________________________________________

_______________________________________________________________

Consumer / user data:

First name: __________________________________________

Tax Identity Code/ID: ______________________________________________

Home: _________________________________________

Population: _________________________________________

Phone: __________________________________________

Email: __________________________________

Right of withdrawal:

In accordance with article 68 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, I inform you that I am withdrawing from the contract of sale of the good /service described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been completed.

Date of the request:

Signature of the consumer / user:

 
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