GENERAL TERMS AND CONDITIONS OF PURCHASE
This document includes the terms and conditions governing use of the website and the purchase of products via said website (hereinafter, the Terms and Conditions).
These Terms and Conditions regulate the online sale of products offered to the public by LABORATORIOS SUAVINEX S.A.U. (hereinafter, the Seller) through the online shop with the URL shop.suavinex.com (hereinafter, the Website).
All sales that are made are remote sales regulated by the applicable Spanish legislation.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Please read these Terms and Conditions before using our website. By sending your personal data and placing an order you accept the following General Terms and Conditions, so if you do not agree with these Terms and Conditions, please do not use our Website.
Completing and sending the purchase order implies full, unreserved compliance with each and every one of the General Terms and Conditions of Purchase, as explicitly stated in the Purchase Order.
These General Terms and Conditions of Purchase are made available to Customers in a durable medium. These Terms and Conditions may be modified and updated, so it is your responsibility to read them when you wish to use our Website.
SCOPE OF APPLICATION
The Website is currently active for mainland Spain and the Balearic Islands, so the items offered are only available for delivery on the Spanish mainland and the Balearic Islands.
USE OF OUR WEBSITE
By using this Website and/or placing orders via it, you as the Customer undertake to:
- Use the Website for the sole purpose of making legally valid enquiries or orders.
- Not place any false or fraudulent order.
The Purchase Orders referred to in these Terms and Conditions are those submitted to the Seller via electronic means from the online store on the Website. To ensure that a purchase order placed through the Website is valid it is necessary to complete all the information requested on the forms provided.
We inform you that the Purchase Order and the Customer Registration process record the IP addresses of the internet connection from which they are carried out. We may use the IP address as legal evidence in possible cases of fraud due to misuse of credit cards and/or false orders.
All orders placed via the Website are subject to availability.
EXECUTION OF THE CONTRACT
Once the Seller has confirmed the Customer's order, the contract of sale for the goods identified in the shopping basket is understood to have been formalised. In order to place an order the Customer must follow the online purchasing procedure by clicking 'Add to Basket' and then 'Proceed to Checkout'. Once the Customer has confirmed the purchase, they will receive confirmation of the order from the Seller, although subject to the availability of our products, as stated in the Product Delivery clause. Once the Customer has has added all the items that they wish to buy to the basket, the next step will be to process the order and make the payment by means of the following steps and buttons:
- Click 'Add to Basket' and the 'Basket' will be displayed.
- Click 'Products in Basket'.
- Fill in or check the contact information, the details of your order, the address to which you would like your order to be sent and the billing address.
- Click 'Proceed to Checkout' and enter your card details.
- Click 'Buy Now'.
All the prices shown on this Website include VAT at the rate applicable at the time of sale, but do not include the delivery costs, which will be added to the total amount due.
METHODS OF PAYMENT
When the Customer wishes to pay for the order, they will click 'Buy Now'.
Payment must be made by credit card. This method of payment is immediate and is completely secure. The Seller uses secure payment gateways that redirect the Customer to the card issuer. By clicking 'Proceed to Checkout' the Customer is confirming that they are the legitimate card holder.
Credit cards will be subject to authorisation and checks by the card issuer. If the card issuer fails to authorise the payment, the Seller takes no liability for delays or non-delivery and the contract of sale will be cancelled.
DELIVERY OF THE PRODUCT
Subject to availability of the product, the order will be delivered to the pharmacy specified as the collection point when the purchase is made. The Customer undertakes to provide the Seller with correct, intelligible delivery details in order to deliver the product. Deliveries will only be made to pharmacies that are approved as collection points within mainland Spain or the Balearic Islands. The Customer may choose from the following delivery option for products that are IN STOCK:
CORREOS Delivery in 72/96 hours €2.70 CHRONOEXPRES Delivery in 48/72 hours €4.95
If the product is not available, it should always be understood that the delivery time counts from the moment the goods arrive at our warehouse and the order is dispatched within a maximum delivery time of 30 days from the formalisation of the contract of sale. Should it be impossible to deliver the purchased product, the Seller will refund all paid amounts to the Customer without undue delay. In any case, the Seller's Customer Service Department will contact the Customer to find the best solution so that the order can be dispatched.
Should the product not be available, the Seller may offer a product of similar characteristics of the same or higher quality at no extra cost, which would be subject to the same conditions regarding returns.
Customers who have registered on the Website may consult the status of their order in their private area.The Customer will receive an email from the transport company giving the tracking number of the order under the conditions specified by the chosen transport company. Friday afternoons, Saturdays, Sundays and public holidays (both national and local) do not count for the purposes of counting the number of days required for delivery.
Nevertheless, in the following cases the Seller is exempt from complying with the established delivery conditions and takes no liability for the situation:
- If the Customer fails to pay for all or part of the Purchase Order.
- If the information provided by the Customer in the Purchase Order when placing the order, as established in these General Terms and Conditions, is incomplete or inaccurate.
TRANSMISSION OF RISK AND OWNERSHIP
When the Seller sends the purchased goods to the Customer,the risk of loss or damage to them is transferred to the Customer once the Customer or a third party designated by them, other than the transport company, takes possession of the goods.
The Customer will acquire ownership of the products the moment the total price and delivery costs have been paid or the moment the goods are delivered, if this takes place subsequently.
RIGHT TO RETURN GOODS
If, for any reason, the Customer is not satisfied with the order, it may be returned within 14 calendar days of the date of delivery of the order, in accordance with article 102 of the Consumers and Users Act, and the Seller must be notified of this.
In order to exercise the right to return the goods within the specified time, the Customer must notify LABORATORIOS SUAVINEX, S.A.U. via the postal address: Polígono Industrial Las Atalayas C/ del Marco s/n PR 88, 03114 Alicante, Spain, Tel. +34 965 287411 or email address firstname.lastname@example.org.
As an exception to this right, it is not possible to return personalised or specific products, products from 'special' or 'limited' collections and products that form part of sets, gift baskets or packs, whether or not they are personalised.
Should the Customer decide to return the goods, we will refund all the payments received, including the delivery costs, with the exception of additional costs incurred as a result of the Customer's choice of a delivery method other than the least expensive ordinary option that we offer. LABORATORIOS SUAVINEX, S.A.U. will refund the payment within 14 calendar days of the date on which the Customer notifies us of the wish to return the goods, and the method of payment will be the one used for the initial transaction. Nevertheless, LABORATORIOS SUAVINEX, S.A.U. may withhold the refund until the goods have been received or until proof of the return has been provided.
The Customer must return the product to LABORATORIOS SUAVINEX, S.A.U. without undue delay and always within 14 calendar days from the date on which they notified the Seller of their wish to return the product. If the goods are not returned within the specified time, it will be understood that the Customer no longer wishes to return the product.
The product to be returned must be in perfect condition, unused and in its original packaging, accompanied by all the product documentation, and the Customer will be responsible for any reduction of the value of the returned goods due to handling other than that required to establish the nature, characteristics or functioning of the product sent.
The Customer will be liable for the direct costs of returning the goods.
PRODUCT GUARANTEE and RETURN OF FAULTY PRODUCTS
All the products offered by the Seller are covered by the legally applicable product guarantees. However, the guarantee does not cover products that have been damaged by external factors, accidents, etc. or by mishandling, improper use or failure to follow our instructions for use after delivery to the Customer.
The Seller does not offer any guarantee for products or services that have been sold by third parties not authorised by the Seller.
If the product is not acceptable, the Customer may choose to have the product repaired or replaced, unless one of these two options is objectively impossible or disproportionate. In this regard, the Customer must contact and inform the Seller in order check that the required conditions are met for acceptance of the returned goods and the purchased item can be sent together with proof of purchase. When notification of the complaint is received, and to ensure that the Customer has a record of the claim or complaint, the Seller will provide an acknowledgement of receipt in a durable medium with a code identifying the incident.
If the return or exchange is the consequence of a faulty product, all the delivery costs will be paid by the Seller.
LIMITATION AND EXCLUSION FROM LIABILITY REGARDING THE WEBSITE
The Seller does everything in its power to ensure that the Website suavinex.com works properly and it only takes liability for damage suffered by Users as a result of using the Website when said damage is attributable to wilful misconduct on the Seller's part. Users recognise and accept that use of the Website and purchase of the products offered on it are entirely at their own risk and under their own responsibility. The Seller accepts no liability deriving from:
- The information published on its Website, provided that this information has been manipulated or inserted by a third party outside the organisation. Any damages caused by third parties due to illegal interference that is outside the control of the Website and not attributable to the Seller.
- Errors in access to the Website and interferences, omissions, interruptions, computer viruses, technical problems and/or disconnections affecting the operation of this electronic system or the User's computer equipment for reasons not related to the Seller that prevent or delay use of the services offered or browsing of the system.
- Problems affecting the availability or continuity of the Website and the services provided on it.
- Delays or blockages in its use caused by faults or overloads of the Internet or other electronic systems.
- Technical faults or errors in the prices or any other information obtained through the Website or any differences in the information, documentation and/or other content provided on the Website between the electronic version and the printed version of it.
- The Seller accepts no liability for damages of any kind due to lack of accuracy, thoroughness or current applicability or due to errors or omissions in the information and services contained on this Website as a result of failures or errors in the technical media where they are stored.
- If the Website hosts banners that allow the user to access Websites or links owned by third parties. In this case, the Seller accepts no liability for the contents found on them and will remove them if Users report illegal content, once such content has been verified.
- The Seller may temporarily suspend the services of its Website, at any time and without giving the User prior notice, due to technical problems or force majeure.
- The Seller does not generally control the use made of the Website by its Users. In particular, it cannot guarantee, under any circumstances, that Users will use the service in accordance with the Law, these General Terms and Conditions, morality and generally accepted good practices and public order, nor that they will use it in a diligent, sensible manner.
LEGAL INFORMATION AND COMMUNICATIONS
The Seller is a Single Shareholder Corporation with registered address in Alicante, Spain, Polígono Las Atalayas, Calle del Marco, parcela R88, and it is registered in the Alicante Companies Registry, Volume 615, Book 245, Section 3, Page 163, Sheet 4039, Entry No. 1, with Tax ID No. A-03123122. In accordance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, you are informed that the service provider's identifying details are as follows:
Company: LABORATORIOS SUAVINEX, S.A.U. Tax ID No. A-03123122 Address: Calle del Marco, parcela R88 (Polígono Las Atalayas) – 03114 Alicante, Spain
Tel.: +34 965 28 74 11
We inform you that you can contact the company using the following contact details:CUSTOMER SERVICE DEPARTMENT
LABORATORIOS SUAVINEX, S.A.U. C/ del Marco, parcela R88, Polígono Las Atalayas - 03114 Alicante – Spain
Tel.: +34 965 28 74 11
DATA PROTECTION AND INTELLECTUAL AND INDUSTRIAL PROPERTY
PARTIAL NULLITY AND FULL AGREEMENT
If any of these Terms and Conditions or any provision of a Contract is declared null and void by a firm ruling by a competent authority, the other Terms and Conditions will remain valid and will not be affected by said declaration of nullity. These Terms and Conditions and any document to which they expressly refer constitute full agreement between the Customer and the Seller in relation to the Object of the Contract.
These General Terms and Conditions are governed by Spanish legislation.
For the purposes of establishing the applicable jurisdiction, the place of performance of this contract is Spanish territory, without prejudice to any right corresponding to the Customer as the consumer and user.