Terms and Conditions of Online store sales for the company Analiza Sociedad de Diagnóstico S.L. www.analizasalud.com
Analiza Sociedad de Diagnóstico SL offers online purchase of health products, which entails a service available 24 hours a day, 365 days a year from anywhere with an internet connection, easy, and direct.
Contact email address: firstname.lastname@example.org
Through this document, the general conditions of the contractual relationship are established, which has as its object the buying and selling of products offered at the website www.analizasalud.com, property of Analiza Sociedad de Diagnóstico, S.L. with business address at C/ Príncipe de Vergara, 40D, tax ID number: B54556436, (henceforth THE SERVICE PROVIDER) and the natural persons (henceforth the CONTRACTOR) who express their willingness to buy these products through the request made via the internet on this website. These user requests constitute the specific conditions which accompany these General Conditions, which the CONTRACTOR should consult before purchasing the product. These General Conditions are explained to the CONTRACTOR through the website www.analizasalud.com, so that they read, print, save and agree to them, with the CONTRACTOR not being able to buy the product without this consultation taking place. The CONTRACTOR will always have these General Conditions available on a visible place on the website.
Any complaint the CONTRACTOR needs to transfer to the SERVICE PROVIDER must be made in writing to the postal address indicated in the previous paragraph or using the contact form on the website.
FIRST. - OBJECT OF THE GENERAL CONDITIONS
By these General Conditions, THE SERVICE PROVIDER undertakes to deliver to the CONTRACTOR the health products they have requested through the website www.analizasalud.com, in exchange for a fixed price.
Through the purchase of products available on this website, the CONTRACTOR declares:
1. That they are a person of legal age and with the capacity to contract.
2. That they have read, understood and accept these General Conditions.
SECOND. APPLICABLE LEGISLATION
These General Conditions are subject to that set out in the Law of Consumers and Users of 2007 (Royal Legislative Decree 1/2007, of 16th November), to Law 7/1998 of 13th April, on General Conditions of Contracting. Both laws develop the Community Directive 93/13/EEC on clauses in contracts with consumers. Moreover, they meet the requirements stipulated in Law 7/1996, of 15th January on Retail Trade; in Law 34/2002, of 11th July on Information Society Services; and in the Regulation on telephone or electronic procurement with general contracting conditions (RD 1906/1999, of 17th December). The data obtained for the proper execution of the contracting are obtained and undergo processing in accordance with the Organic Law 15/1999, of 13th December, on Personal data protection.
THIRD. - CHANGE TO THE GENERAL CONDITIONS
THE SERVICE PROVIDER reserves the right to modify these General Conditions at any time, without needing to inform the CONTRACTOR in advance. In any case, they are responsible for reviewing them as a pre-requisite to purchasing any product available through this website. In any case, the General Conditions displayed on the website when the CONTRACTOR purchases the relevant products are considered to be valid and applicable. In the event of discrepancies between these General Conditions and the Specific Conditions which arise from the product purchased, the latter will prevail except where the General Conditions are more favourable to the consumer who has agreed to them when making the purchase, in which case these conditions will prevail.
FOURTH. – RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
4.1. Product delivery. - THE SERVICE PROVIDER undertakes to provide the service contracted or to deliver the product in perfect condition to the address the CONTRACTOR indicates on the order form where the specific conditions which join with these General Conditions are stated. THE SERVICE PROVIDER will not be held responsible for errors made in the delivery when the data entered by the CONTRACTOR on the order form does not reflect the reality or has been omitted. Where applicable, the approximate delivery date for each product will be that on the purchase confirmation email. In the event that the product is out of stock, or the service provision cannot be carried out in the time frame contracted, THE SERVICE PROVIDER will inform the CONTRACTOR of the new time frame by email.
4.2. Liability of the SERVICE PROVIDER. - Under no circumstances will the SERVICE PROVIDER be held responsible for:
4.2.1. Errors or delays caused by the CONTRACTOR when entering their data on the order form, the tardiness or impossibility of the recipients receiving the order confirmation or any other circumstance which may arise when these incidents are due to problems with the internet network, to acts of God or force majeure and any other unforeseen eventualities unconnected to the good faith of the SERVICE PROVIDE or the proper functioning of the electronic procurement system. In any event, THE SERVICE PROVIDER undertakes to solve any problems which may arise and offer the CONTRACTOR the necessary support to reach a quick and satisfactory solution to the incident, which permits compliance with the terms and conditions of the completed sale.
4.2.2. Of the errors or damages produced by ineffective use of the service and in bad faith by the CONTRACTOR, or due to the falsification of the data entered by the CONTRACTOR when formalising the order.
4.2.3. Of the non-operability or problems in the electronic address provided by the CONTRACTOR in order to process the order confirmation.
4.2.4. Right of withdrawal: THE SERVICE PROVIDER recognises the CONTRACTOR’s right of withdrawal in the terms and deadlines recognised by the Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (articles 68 to 79, 101 and 102) .– Law 7/1996, of 15th January, on the Regulation of Retail Trade (articles 44 and 45). –Law 3/2014, of 27th March, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16th November 16, of the Retail Trade Regulation by virtue of which CONTRACTORS who have the status of consumer may terminate the signed contract by notifying the SERVICE PROVIDER within the legally established period, without the need to justify their decision and without any kind of penalty, except for the direct cost of returning the goods or service provided, which in accordance with art. 101 of the 2007 Consumers and Users Law will be at the CONTRACTOR’s expense.
In the event of exercising the right of withdrawal recognised to CONTRACTORS who have the status of consumer, the SERVICE PROVIDER will refund the amount paid as the price and applicable taxes (if any were applied to the product) via the payment method indicated by the CONTRACTOR and which was used when formalising the purchase. The direct cost of returning the article purchased, in the case of distance selling, will be at the CONTRACTOR’s expense.
The time frame to exercise the right of withdrawal is fourteen calendar days, counted from the receipt of the purchased item, and once exercised, the SERVICE PROVIDER will have a maximum period of 14 calendar days from the communication of the withdrawal to refund the sums paid to acquire the goods.
In order to exercise this right, the withdrawal document [link to the withdrawal document model] created for these purposes is made available to the CONTRACTOR, in order to notify the SERVICE PROVIDER, in a way permitted by law and within the stipulated time frames. This could be by sending the corresponding product to the address included at the beginning of these General Conditions. In any event, the direct costs for returning the product in question are at the CONTRACTOR’s expense, due to being distance selling. The CONTRACTOR will only be liable for the product's purchase price when it is impossible to return it due to loss, destruction or any other cause which prevents the purchased item from being returned, or the decreased value of the product is not a consequence of its use in accordance with the item’s nature.
4.2.5. Warranties: THE SERVICE PROVIDER is obliged to deliver the product in perfect condition, being exempt from any liability for possible breakages or defects in the product packages produced after its delivery to the CONTRACTOR and which have been caused directly by them due to misuse of the product. THE SERVICE PROVIDER will be liable for the compliance of the product sold with the file which appears on the web page at the time of purchase or which is delivered to the CONTRACTOR, and for its correct use or functioning. Before signing the order delivery, the CONTRACTOR should check that the product is released in perfect condition. However, THE SERVICE PROVIDER will not be liable for non-conformities the CONTRACTOR was aware of or could not have reasonably ignored when the contract was entered into, or which are caused by the buyer incorrectly using the product when the instructions of use have been provided and are clear and without descriptive errors. Nor will they be liable for any damage the CONTRACTOR causes to the product and which may condition the result of the health tests purchased, due to their clear misuse of this.
4.2.6. Terms: During the period when the product is in the hands of the CONTRACTOR and until its return to the SERVICE PROVIDER, starting from the delivery of the product, THE SERVICE PROVIDER will be liable for any non-compliance demonstrated in relation to these General Conditions and with the file corresponding to the product purchased, although only non-compliances in the six months after product delivery will be assumed to have already existed when the item was delivered, unless proven otherwise. In any case, the CONTRACTOR has a time limit of 7 days from receiving the sample until its delivery to the shipping company, to inform THE SERVICE PROVIDER of product non-compliance, from the time when it was detected. Although it will not result in the loss of the relevant right to warranty claims, failure to comply with this time period will cause the CONTRACTOR to be liable for damages or losses in effect caused by the delay in communicating the non-conformity. If the product is non-compliant with the contract, the CONTRACTOR may choose between demanding a replacement product and performing the health test in any centre assigned by the SERVICE PROVIDER, unless either of these options is objectively impossible or disproportionate. In cases of product non-conformity, the replacement or possibility of performing the test in a centre designated by the SERVICE PROVIDER will be free of charge for CONTRACTORS who have the legal condition of consumer and user in accordance with the applicable legislation. This should be carried out within a reasonable time frame.
When it is not possible to replace the product or perform the test in another centre designated by the SERVICE PROVIDER, the CONTRACTOR may demand a price reduction or the termination of the contract, although under no circumstances will the termination proceed when the non-compliance is slight.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. Payment. - The CONTRACTOR commits to paying in advance the amount of the product actually ordered in the following ways and amount:
5.1.1. Amount. - The fee for the product actually ordered by the CONTRACTOR depending on the product ordered will be that shown on the website and which appears in the specific order of the CONTRACTOR at that time, orders which will constitute the specific conditions of the particular order. The prices of products on the website always show IVA included in the shopping cart, provided they are not exempt from IVA or other taxes. The relevant delivery costs must be added to the price which appears on the website for each product offered, if they are not included in the final price and duly shown on the website. In the case of rates that THE SERVICE PROVIDER never applies, these will always be the official offers from the state postal service or private courier companies; THE SERVICE PROVIDER will not generate any profit for these rates, and commits to always communicating the overall cost of both the product and shipping costs in advance to the CONTRACTOR before formalising the purchase itself and in the confirmation email.
5.1.2. Payment methods. - The CONTRACTOR must pay the amount corresponding to the product purchased, by credit card payment or another payment method specified on the www.analizasalud.com website, as shown when selecting the different payment methods.
5.1.3. Legal age. - The CONTRACTOR must be of legal age before making the purchase; a product purchased by a minor cannot be fulfilled at any of our centres. It must be immediately modified or returned through our website.
5.2. Liability of the CONTRACTOR. - In any event, it will be the CONTRACTOR’s responsibility:
5.2.1. To assume all risks of deterioration, damage and loss for the products from the moment they are made available to them by the third party who delivers the products ordered on behalf of the SERVICE PROVIDER.
5.2.2. To check the sound condition of the package in front of the third party who delivers the product ordered on behalf of the SERVICE PROVIDER, stating any defect detected in the packaging on the delivery note. If the CONTRACTOR detects an incident once the contents have been reviewed such as a blow, breakage or any defect caused by the delivery, they commit to informing the SERVICE PROVIDER as soon as possible.
SIXTH. – PERSONAL DATA PROTECTION
6.1. Information for the CONTRACTOR about the existence of a file and request for consent for automated data processing: Regarding the personal data provided by the CONTRACTOR on its website’s forms, THE SERVICE PROVIDER strictly complies with the current regulations established in Law 15/1999 on Personal data protection and other regulations that expand on this and informs the CONTRACTOR that the data referred to will be included in a file for automated processing, the CONTRACTOR giving their consent upon accepting these General Conditions for the aforementioned processing.
6.2. Purpose of the processing: THE SERVICE PROVIDER collects certain personal data entered by the CONTRACTOR on the form in order to formalise the buying and selling of products. THE SERVICE PROVIDER notifies that they will manage this data in an automated way. THE SERVICE PROVIDER will process this data for product delivery and invoicing, as well as to periodically send offers and commercial information to the CONTRACTOR. In any case, the data collected and processed by the SERVICE PROVIDER is basic data for the purposes previously indicated.
6.3. Mandatory data entry: the fields where a box or red asterisk appears on the existing forms require a mandatory response and if they are not filled in, it will be impossible to send the query or make the specific order.
6.4. Rights of access, rectification, cancellation and opposition: CONTRACTORS who enter their personal data on the different registration forms have the full right to exercise the rights of access, rectification, cancellation and opposition at any time by requesting this by email to Analiza Sociedad de Diagnóstico S.L., contact email address: email@example.com, including a copy of their DNI or another document which proves the identity of the data owner. THE SERVICE PROVIDER reiterates that it is committed to absolute confidentiality and respect when collecting and processing the CONTRACTOR's personal data, asserting its commitment not to transfer this to third parties under any circumstances without the owners’ prior consent.
6.5. Security. - THE SERVICE PROVIDER ensures the complete confidentiality and privacy of the personal data collected and for this reason has adopted essential security measures to avoid unauthorised alteration, loss, processing or access and thus guaranteeing its integrity and security, especially those provided for in the Royal Decree 994/1999, of 11th June, which approves the Regulation of security measures for automated files containing personal information. THE SERVICE PROVIDER will under no circumstances be liable for incidents which may arise around personal data when it comes from an unauthorised access or attack on the systems in such a way that it would be impossible to detect using the implemented security measures or when due to a lack of due diligence by the CONTRACTOR regarding the protection and safekeeping of their passwords or their own personal data.
6.6. Data authenticity. - The CONTRACTOR is responsible for the authenticity of their data, committing to not entering false details and proceeding to modify it where necessary.
SEVENTH. - LIABILITY
7.1. Under no circumstances will the SERVICE PROVIDER be liable for:
7.1.1. Errors and incidents which may be caused by incomplete communications or transmissions so that it is not guaranteed that website services are constantly operational in order to purchase the offered products.
7.1.2. The production of any kind of damage which the CONTRACTOR or third parties may cause to the website, preventing the normal performance of the purchase transaction.
7.2. THE SERVICE PROVIDER reserves the right to suspend access to the Website without prior notice on a discretionary basis and with a definitive or temporary character until it ensures the effective liability of the damage which may have been caused. Similarly, the SERVICE PROVIDER will collaborate with and notify the competent authority of these incidents when they have reliable knowledge that the damage caused constitutes some kind of illegal activity. Nevertheless, CONTRACTORS who have purchased a product on the website prior to the suspension are guaranteed the exercise of withdrawal rights, or rights derived from product non-compliance, by postal or electronic communication to the addresses shown in this document’s header.
EIGHTH. – COPYRIGHT
THE SERVICE PROVIDER notifies that the Website www.analizalab-salud.com (own contents, programming and website design) are fully protected by copyright, it being expressly prohibited to reproduce, communicate, distribute and transform the aforementioned protected elements except with the express written consent of the SERVICE PROVIDER.
NINTH. – APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions are governed by Spanish law. To resolve any dispute or conflict derived from these General Conditions, THE SERVICE PROVIDER will submit to the criteria of the established competent authorities in the applicable legislation on users and consumers.
TENTH. - In the event that any clause of these General Conditions is declared null, the other clauses will continue to be valid and will be interpreted taking the parties’ wishes and the purpose of these conditions into account. THE SERVICE PROVIDER may not exercise some of the rights and powers conferred in this document, which under no circumstances entails their renunciation, except for the express recognition by the SERVICE PROVIDER.
PROCEDURE FOR RECEIVING ORDERS
The CONTRACTOR must:
1.- Check that the content of the delivery note corresponds to the expected merchandise.
2.- Confirm that the packaging is in perfect condition upon receipt, also checking that the package is perfectly closed. Verify that the package does not show any defects in its appearance.
3.- If you consider that the product does not arrive in good condition, always leave a written record on the shipper’s delivery note, clearly explaining the incident and taking photographs which reflect the problem. WARNING: IT IS NOT VALID TO NOTE "EXCEPT EXAMINATION OR AWAITING REVIEW" when the deficient conditions are clear, you must be much more specific, including explanatory text and in the latter case, contacting our company or rejecting the receipt.
PROCEDURE TO PROCESS A NON-CONFORMITY WITH THE PACKAGE CONTAINER OF THE ITEM PURCHASED.
1.- In the event of detecting any defect in the package, the person receiving the goods must reflect this problem on the shipper’s delivery note. Indicating the date and time of the unloading together with a clear description of the problem detected and taking photographs to support subsequent processing. NOTE: it is NOT valid to write on the shipper’s delivery note: Except examination or awaiting review, you must be much more specific, including explanatory text and in the latter case contacting our company or rejecting the receipt
2.- Once the procedure has been carried out and a problem has been detected, inform ANALIZA SOCIEDAD DE DIAGNÓSTICO S.L. of this non-compliance IN WRITING, attaching a copy of the shipping note receipt where the comment on the detected incident is reflected, in addition to photographs supporting this non-compliance, all within a time period not longer than 8 hours after receiving it. This response time required by the goods’ insurance company requires and is the ONLY way to demand the corresponding liabilities, since from the moment the goods are received they have 24 hours to carry out the procedure, otherwise it will not be possible for ANALIZA SOCIEDAD DE DIAGNÓSTICO S.L. to demand any kind of liability from the shipping company.
As a company we understand that the delivery service is a fundamental pillar of the Supplier – Customer chain. This is why we ask for your collaboration in this area since we understand that it will deliver mutual benefits.