TERMS AND CONDITIONS
The present conditions of sale and hiring are intended to regulate the legal relationships that arise between the owner of the website and the users who register in order to acquire items through the website. In particular, they determine the rights and obligations of both parties, both in the use of the website, as a consequence of the acquisition by users of any of the items offered in it.
These conditions of sale and hiring have been prepared in accordance with the provisions of the Organic Law of Protection of Personal Data 15/1999, Law 34/2002 on services of the information society and electronic commerce, Law 1 / 2007 of November 16 for the Defense of Consumers and Users, the Law 7/1996 on the Regulation of Retail Trade, as well as how many legal provisions may be applicable.
2.- CHARACTERISTICS OF THE ARTICLES.
The articles offered on the website are available only for shipments to the peninsula, Balearic Islands Balearic Islands, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Ireland, Luxembourg, Lithuania, Latvia, the Netherlands, Poland, Slovakia, Slovenia and the Czech Republic. The articles meet the characteristics and prices collected and stipulated in the webpage. The articles will be for sale until end of stock, in which case it will be removed immediately from the web page or it will be stated in a specific way that it is sold out. The prices of the articles are those that appear along with the description of the product and they are fixed in euros, including the VAT, excepting typographical error. The prices in no case include the shipping costs of the item. The characteristics of the article are those that appear on the website, in no case O-Med is responsible for any differences that may exist between the original product and the photograph displayed on the web, taking into account that such differences may come from the light, character of the monitor in which the page is seen etc ...
3.- CELEBRATION OF THE CONTRACT
4.- PAYMENT AND SHIPPING COSTS
The price of the articles will be at every moment the price established on the website. The price is set in euros and includes VAT but does not include the shipping costs of the product. These shipping costs will be added at the time of formalizing the order, including the total cost and it may vary depending on the weight, size or number of products purchased.
To formalize the payment, once you fill in the details of the order form with the products you want to purchase, you will need to authorize the payment for the total amount of the purchase (including VAT and shipping costs), by credit card. They are accepted as VISA, MASTER CARD, 4B, MASTER 4B cards. Once the payment is made, the seller (owner of the website), will send an email to the buyer (user) confirming the order and informing him of the delivery time. In the event that the payment is not formalized (either due to an error on the website, or because payment by the Banking Entity is not authorized), the perfection of the contract will not be possible, and no obligation can be derived for the owner of the website, understanding that the customer has not placed the order.
5.- CONDITIONS OF SHIPPING AND DELIVERY
The seller undertakes to deliver the products purchased by the user within a maximum period of 30 days from the sending of the confirmatory mail of the order. Delivery will be made at the address designated by the user (buyer) on the order form, who will be responsible for any error that appears and that prevents the proper delivery of the products.
6.- WITHDRAWAL AND RETURN OF PRODUCTS
The buyer may withdraw from the contract, at any time and for any reason, within fourteen days of receiving the product. To this end, you must contact, within that period, the owner of the website, or through the email address email@example.com in order to notify your desire to withdraw from the contract and must proceed to send the merchandise to the postal address: Venchipa, SL Ctra. Ácula-Ventas de Huelma Km.1 - 18131 Ácula (Granada) Spain immediately and in its original packaging. The shipping costs generated as a result of the return for withdrawal will be borne by the buyer in all cases. The approximate cost of return shipment will be 20€. Once the merchandise has been received by the homeowner, it will proceed to check the status of the same, proceeding to return the price of the products, only in the event that the returned items are in perfect condition. The return of the price of the products returned will be made within ten days from the receipt of the goods and once made the verification of the status of the same.
In the event that the items purchased are in poor condition or are defective or the package is damaged or in poor condition, the buyer must contact the seller within 24 hours of receiving the product, communicating such circumstance to the seller either by telephone, or by mail or through the contact form, who will make the necessary arrangements to replace it with a new one without any additional charge or for the refund of the purchase price and the shipping costs in its case within a maximum period of ten days. In this case, the shipping costs generated as a result of the return of the defective product will be assumed by the seller. The products are always shipped perfectly packaged, so that if the package is received with defects, breakages or defects, the buyer must make them on the delivery note and notify the seller in the aforementioned time and manner in order to be compensated in a maximum period of ten days from the return of the product.
7.- RESPONSIBILITY OF THE OWNER OF THE WEB SITE
The owner of the website will only be liable for damages caused as a result of his negligent or willful action. In no case will be responsible when the breach or delay in the fulfillment of any of the obligations assumed under these conditions of hiring occur as a result of an event of a fortuitous nature or as a result of force majeure. The causes of force majeure include any act, event, omission or accident that is not reasonably foreseeable or if it is foreseeable is beyond our reasonable control, not being avoidable, including among others and with a merely enunciative, the following:
Strikes, lockouts or other industrial actions.
9.- COMUNICATIONS AND NOTIFICATIONS
For the purposes of these contracting conditions and for any communication that may be required between the users and the owner of the web space, these should be sent by email by sending an email to the address firstname.lastname@example.org or by postal communication addressed to Venchipa, SL Ctra. Ácula-Ventas de Huelma Km.1 - 18131 Ácula (Granada) Spain. The communications of O-Med with the user will be made according to the data provided by him when registering as a user in the web space, either at the postal address or at the electronic address provided by them.
10.- LEGISLATION AND APPLICABLE JURISDICTION
This contract will be established in accordance with Spanish law, which will be applicable to the provisions of this contract regarding interpretation, validity and execution. In the event of any type of discrepancy or claim between the parties in relation to the compliance or content of the presentations, General Conditions, the parties negotiable in good faith to try to resolve the discrepancy or recovery within the maximum period of one month counted from the date on which any of them formally notifies the other party that the discrepancy has arisen or notifies the claim. In the event that the discrepancy or claim is not the resolution within the maximum period indicated, the parties submit to the Courts and Tribunals that by law corresponds to them.
Link to the European Union's online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
11.- DECLARATION OF NULLITY OF THE CLAUSES
If any of the clauses included in these conditions is declared totally or partially null or ineffective, such nullity will only affect the disposition, or the part of it, that is null or ineffective, subsisting in the rest of the stipulated conditions.
State of alarm, exception or site.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use public or private telecommunication systems.
Strike, failures or accidents that prevent the use of any type of transport.
It will be understood that the obligation to fulfill the contract by the seller is suspended during the entire period in which the cause of force majeure continues. The seller is not responsible for any damages that may arise for the user or for third parties as a result of misuse of the product or the negligence of the users or third parties.
The products offered on the website have the legal guarantee provided for in law 1/2007, and as many legal provisions may be developed.
12.- USER OBLIGATIONS
In general, the User undertakes to comply with these General Conditions, as well as to comply with the warnings or instructions for use contained therein or on the website and to always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, abstaining from using the website in any way that may prevent, damage or impair the normal functioning of the same, the property or rights of the owner of www.omedoil. com of the rest of Users or any third party.
Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the above, the user agrees, in the use of the website, as well as in the acquisition of the Products to:
Provide truthfully the data provided to the owner of the website and keep them updated.
Not to introduce, store or disseminate on or from the website information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or in any way whatsoever against the form, public order, fundamental rights, public liberties, honor, privacy or image of third parties and in general the current regulations.
Do not enter, store or disseminate through the website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the website, in any of the Services, or in any of the equipment, network systems of Omed, users or third party.
Securely protect your username and password, as identifiers and enablers for access to the purchase of products, pledging not to assign its use or to allow access to them by third parties, assuming responsibility for any damages that may arise. of an improper use of them.
Not to carry out advertising, promotional or commercial exploitation activities through the website, not to use the contents and in particular the information obtained through the website to send advertising, send messages for direct sales or for any other commercial purpose, or to collect or store personal data of third parties.
Not to use false identities, or to impersonate the identity of others in the use of the website or in the use or acquisition of any of the products, including the use in their case of passwords or passwords of third parties or in any other way.
Not to introduce, store or disseminate through the website any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which will not hold, in accordance with the law, the right to make it available to third parties.