GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
Failure to execute the distance contract
Delivery dates or periods shall be understood to be approximate, and delay shall not constitute a material breach. If the PROVIDER has not delivered the product, after 30 days from the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the return of the total amount, the USER may demand that it be paid twice the amount due, without prejudice to its right to be compensated for damages suffered in excess of that amount.
In the case of the provision of a service, this will be available from the moment the user has made the payment for the service and can be downloaded or activated according to the conditions of the PROVIDER.
The PROVIDER will not assume any responsibility when the download or activation of the service is not carried out, because the data provided by the USER are false, inaccurate or incomplete.
The provision of the service will be considered to have been carried out at the moment in which the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
The right of withdrawal may not be applied in the following cases
1. In the provision of services, once the service has been completely executed, when the execution has begun, with the previous express consent of the PROVIDER and USER and with the recognition by them that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal.
2. In the download or activation of the service whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
3. In the provision of services made according to the specifications of the USER or clearly personalized.
4. In the provision of accommodation services for purposes other than housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: LABORATORIOS FERNANDEZ SAAVEDRA, SLU, Pol. Las Salinas, Avda. Dinamarca 7-3- 30840 ALHAMA DE MURCIA (Murcia)
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. OFFER GENERALITIES
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of LABORATORIOS FERNANDEZ SAAVEDRA, SLU or to what is stipulated here, will take effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until the value of the products offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. OFFER VALIDITY PRICE AND TIME LIMIT
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: articles, quantities, price, availability, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether the service is available or not.
Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or of the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF format to the e-mail address provided by the USER.
For any information about the order, the USER can contact through the customer service phone of the PROVIDER 968 638 758 or via email to the address LABORATORIOS FERNANDEZ SAAVEDRA, SLU
9. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or influence them in a negative way.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder of the card(s).
10. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added to the basket. In this one, only the articles, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and delivery data 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.
From the basket you can make an order following the following steps for its correct formalization:
1. – Checking the invoicing data.
2. – Checking the service provision method (download, activation…).
3. – Selection of the payment method.
4. – Place the order (purchase).
Once the order is processed, the system instantly sends an e-mail to the management department of the PROVIDER and another to the mail of the USER confirming the order.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate download and/or activation date.
11. APPLICABLE WARRANTIES
All services 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 approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
12. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods:
I) Conformity of the services with the contract
1. Unless proved otherwise, the services shall be deemed to be in accordance with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any one of them inapplicable:
a) They comply with the description made by LABORATORIOS FERNANDEZ SAAVEDRA, SLU.
b) Are suitable for the uses to which the services of the same type are normally destined.
c) Are suitable for any special use required by the client when they have made this known to LABORATORIOS FERNANDEZ SAAVEDRA, SLU at the time of the contract, provided that the client has admitted that the service is suitable for this use.
d) Present the usual quality and performance of a service of the same type that the client can reasonably expect, given the nature of this and, if applicable, the descriptions of the specific characteristics of the services made by LABORATORIOS FERNANDEZ SAAVEDRA, SLU.
e) LABORATORIOS FERNANDEZ SAAVEDRA, SLU describes the details, characteristics and photographs of the services provided by the producer of the services, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect provision of the service will be equated to the lack of conformity of the service when the provision is included in the service contract and has been carried out by LABORATORIOS FERNANDEZ SAAVEDRA, SLU or under its responsibility, or by the USER when the defective provision is due to an error in the instructions established in the contract.
No responsibility will be taken for any lack of conformity which the USER is aware of or could not have been unaware of at the time of the conclusion of the contract or which has its origin in services supplied by the USER.
II) Responsibility of the PROVIDER and rights of the USER
LABORATORIOS FERNANDEZ SAAVEDRA, SLU will respond to the USER for any lack of conformity that exists at the time of delivery of the service. LABORATORIOS FERNANDEZ SAAVEDRA, SLU recognizes the USER’S right to repair the service, to replace it, to reduce the price and to terminate the contract.
In accordance with Article 6 of the Civil Code, any prior waiver of the rights of the USER or acts carried out in fraud will be null and void.
The guarantee of the services offered will respond to the following articles based on the Law 23/2003, of July 10, of Guarantees of sale of consumer goods:
III) Repair and replacement of services
If the service is not in conformity with the contract, the USER may choose to demand the repair or replacement of the service, unless one of these options is impossible or disproportionate. From the moment the USER notifies LABORATORIOS FERNANDEZ SAAVEDRA, SLU of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the service into conformity with the contract.
Any form of repair that imposes costs on LABORATORIOS FERNANDEZ SAAVEDRA, SLU that are unreasonable in comparison with the other form of repair will be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of repair could be carried out without major inconvenience to the USER.
IV) Rules of repair or replacement of the service
Repair and replacement shall comply with the following rules:
a) They will be free of charge for the USER.
b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the services and the purpose they had for the USER.
c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will begin as soon as the USER makes it known to LABORATORIOS FERNANDEZ SAAVEDRA, SLU and will conclude with the delivery to the USER of the service already repaired. During the six months subsequent to the delivery of the repaired service, LABORATORIOS FERNANDEZ SAAVEDRA, SLU will respond to the lack of conformity that motivated the repair. It is presumed that the same lack of conformity is involved when defects of the same origin as those initially stated are reproduced in the service.
d) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new service. The second paragraph of Article VII shall in any case apply to the replacement service.
e) If after the repair has been completed and the service has been delivered, it still does not conform to the contract, the USER may demand the replacement of the service, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the cancellation of the contract in the terms of Article V.
f) If the replacement fails to bring the service into conformity with the contract, the USER may demand the repair of the service, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract in the terms of Articles V and VI.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or the replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction shall be in proportion to the difference between the value the service would have had at the time of delivery if it had been in conformity with the contract and the value the service actually delivered had at the time of delivery.
VII) Time limits
1. LABORATORIOS FERNANDEZ SAAVEDRA, SLU is responsible for any lack of conformity that may arise within a period of two years from delivery.
Unless proved otherwise, it will be presumed that the lack of conformity that becomes apparent within six months of delivery already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the nature of the lack of conformity.
2. Unless proved otherwise, delivery shall be deemed to have taken place on the date shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the above articles prescribes three years from the delivery of the service.
4. The USER must inform LABORATORIOS FERNANDEZ SAAVEDRA, SLU of the lack of conformity within two months from the time of knowledge of it. Unless there is proof to the contrary, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
When it is impossible or excessively burdensome for the USER to contact LABORATORIOS FERNANDEZ SAAVEDRA, SLU due to the lack of conformity of the services with the contract for the provision of services, the USER may claim directly from the producer in order to obtain replacement or repair of the service.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for LABORATORIOS FERNANDEZ SAAVEDRA, SLU, the producer will respond for the lack of conformity when this refers to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules that regulate them.
The producer is understood to be the person responsible for a service or the importer thereof into the territory of the European Union or any person who presents himself as such when indicating his name, trademark or other distinctive sign on the service.
Whoever has responded to the USER, will have a period of one year to repeat the responsibility for the lack of conformity. This period is calculated from the time when the remedial action is completed.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In case the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce to any other forum, submitting themselves to the Courts and Tribunals closest to the town of ALHAMA DE MURCIA (Spain).