GENERAL TERMS AND CONDITIONS OF CONTRACT
1. General
The following terms and conditions apply to all contracts, supplies and other services to which you are a party. C A R CARDIOLOGY ADVANCED REGISTER S.L. (hereinafter: “CAR”), with registered office at Calle Cerdanya Núm. 8, P.2, 08173 Sant Cugat del Valles, with NIF B60631553, and a user through the online store of the domain http://tienda.terapiacpap.com/.
Any provision of the contracting party that contradicts the provisions of these general conditions is expressly rejected. Any variation requires our written confirmation.
By checking the box “I have read and accept the general conditions of sale”, the user expressly declares to have read and understood these general conditions and accepts them without reservation. The acceptance of this document implies that the user:
to. You have read, understand and understand what is set forth herein, the privacy policy and the legal notice contained on the web.
b. That it is a person with sufficient capacity to hire.
c. That it assumes all the obligations set forth in the texts referred to in subparagraph (a).
The fact that CAR does not apply any of these conditions in a timely manner should not be interpreted as a waiver of them.
The contracting conditions, legal notices and particular conditions, if any, governing the acquisition of products offered on this web domain, will always be those in force at the time of placing each order or browsing the domain, and may be modified at any time, without retroactive effects.
These GTC have been drafted in compliance with the applicable regulations on Electronic Contracting: Law 7/1996, of January 15, on the regulation of retail trade; Royal decree 1/2007, of 16 November, by which approves the text refundido of the General Law for the Defense of Consumers and Users; Royal Decree 1906/1999, of 17 December, regulating telephone or electronic contracting; Law 7/1998, of 13 April, on General Contracting Conditions; and Law 34/2002 of 11 July, on services of the information society and electronic commerce.
For any information about the order, the user will count via email to the address usuarios@terapiacpap.com. In any case, the subject of the message must indicate the order number that was assigned to you and indicated in the purchase confirmation email.
Documentation:
The package with your order will also contain a copy of the paper invoice with the data provided at the time of contracting. These contracting conditions, information on the right of withdrawal and the form to exercise it, will always be accessible in this section.
2. Recipients
The offers and services that CAR makes or provides through this website are mainly aimed at natural persons of legal age, or legal entities considered consumers or end users by the General Law for the defense of consumers and users and other complementary laws.
3. Registration and purchase process
In order to place an order, the user must be of legal age (+ 18 years old) and must register by completing the data contained in the registration form or registering as a guest (quick order). All data marked with an asterisk (*) are mandatory and without them it is impossible for us to fulfill orders. The user, registered on the website by means of a username and password, over which he has full responsibility for use and custody, is responsible for the veracity of the personal data provided.
In order to access 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 personal data that will be required.
The user will select a username and password, committing to make diligent use of them, and not make them available to third parties, as well as to communicate to the provider the loss or theft of the same or possible access by an unauthorized third party, in such a way that it proceeds to block
immediate.
The user may not choose as a username words that have the purpose of confusing others, for example, by identifying the user as an employee of CAR, as well as insulting expressions and in general, contrary to the law or the requirements of morality and good customs.
In case of impossibility of making deliveries due to error or inaccuracy of any of the data provided by the user, or any other cause not attributable to CAR, the user will remain responsible for the payment of the order. The same applies if the carrier returns the order to CAR after having unsuccessfully attempted delivery twice.
The user selects the product through the website http://tienda.terapiacpap.com/ clicking on “Add to cart”. At any time, the user will be able to see the list of products (hereinafter “Cart”) that he has selected to buy.
The user will be able to “Continue shopping”, that is, add more products to his “Cart” or he can confirm his purchase.
The user must expressly accept the general conditions.
The user selects a payment method. By clicking on “Go to PayPal” the user will access the Secure Payment gateway.
Once the payment is completed and, in any case, within 24 hours, an email confirming receipt of the order is sent to the user automatically proving that the order is being processed from CAR.
The email confirming the order will contain the contract, a PDF invoice, a link to these conditions and information on withdrawal and the withdrawal form.
Once the payment has been confirmed by CAR, an acknowledgment of receipt is sent to you by email immediately, in any case, within 24 hours, proving that the payment has been confirmed and the order will be prepared and sent in accordance with the general shipping conditions. At any time you can consult the GTC by accessing this section of the website.
At any time, the user can access “My account” where he will find information about his orders and can modify errors in data. For more information you can contact CAR through the address usuarios@terapiacpap.es
The contracting procedure can only be carried out in the Spanish language. However, in accordance with art. 128-1 of Law 22/2010, of July 20, on the Consumer Code of Catalonia, Catalan consumers have the right to have the documentation in Catalan, so they can request such documentation through the usuarios@terapiacpap.es address.
4. Date of the contract
By clicking on the “Pay” button, the user sends an order confirmation of the goods placed in the shopping cart. The contract of sale will be effective and binding once its acceptance has reached us automatically. Immediately afterwards we will confirm the conditions of the same, by means of an email to the address provided by the user.
The above does not apply if any product is not in stock, nor is it again in a reasonable time. In this case, CAR will offer the user the choice between purchasing the rest of the products in the cart, discounting the price of the product that is not in stock, or the cancellation of the entire order, with a refund of the amount paid by the user in the shortest possible time.
CAR is not obliged to serve the order if, after clicking on the “Pay” button, the payment method selected by the user does not have funds or for any other reason the payment to CAR cannot be made
5. Contract text
You can view the general terms and conditions at any time via this page. The contract (CGC) will be available in Spanish.
6. Right of withdrawal (Returns)
A brief explanation of the right of withdrawal is available in the Consumer and User Information Document on withdrawal located at the end of this content, in ANNEX A.
You have the withdrawal form at the end of this content (ANNEX B).
You have (if you are considered by law as a consumer) the right to withdraw from this contract within 14 calendar days without the need for justification, counting from when you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
ATTENTION: You will not be able to exercise the right of withdrawal in the following cases, in addition to any other included in the General Law for the defense of consumers and users and other complementary laws:
– Sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery;
It is up to the free decision of CAR to accept returns of products described in these exceptions, without serving as a precedent, for the same user or others.
To withdraw from the contract, you can fill out our
withdrawal form
, at the end of this documentation, in ANNEX B, by sending an email to usuarios@terapiacpap.es (If you use this option, we will notify you without delay on a durable medium (e.g. by e-mail) of receipt of such withdrawal) or by sending you by letter or fax (the use of the form is not mandatory) or by other type of statement indicating your unequivocal decision to withdraw from the contract by sending it to the following address, Mail or fax number:
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 8 P. 2
08173 Sant Cugat del Vallès
Phone: 34 (900 494 138)
fax: 34 (932 996 941)
Email: usuarios@terapiacpap.es
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period of 14 calendar days expires.
In any case, the user must state in the withdrawal if he wants the price of the product to be returned (which is his right of withdrawal) or, on the contrary, wants to exchange it for another product available in our catalog of equal or lower value.
With the return of the product, and once it has been verified, CAR will refund the total price of the same at the time of purchase, including the original delivery costs, except in the case that the user has expressly selected a delivery method different from the least expensive method of ordinary delivery, in which case the extra cost will not be refunded.
CAR will be responsible for the transport costs of the return and the management costs of the means of payment, only in case the product is defective. In all other cases, the user will be responsible for assuming these return transport costs, as well as the management of the shipment of the product. In the event that the goods, by their nature, cannot normally be returned by post, you must bear the direct cost of returning the goods, as well as managing the shipment.
You must bear the direct cost of returning the goods; CAR reserves the right, as the case may be, to collect the goods at our own expense.
The refund of the price will be made without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
We may withhold reimbursement until we have received the goods, or until you have provided proof of the return of the goods, whichever comes first.
The product must be returned, within 14 calendar days from when you informed us of your willingness to withdraw, in its original packaging, without deterioration, together with everything that accompanied the product, including labels and seals, in addition to the invoice, and using a method of transport equivalent to that in which you received the goods. In order to process your return satisfactorily, we would be grateful if you could send us the product in perfect condition, unused and in its original packaging. It is very important that they return the exchange or return products perfectly packaged. In case the products are damaged due to improper packaging in the return, CAR may not accept the return.
Returns must be made to the following address:
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 8 P. 2
08173 Sant Cugat del Vallès
Phone: 34 (900 494 138)
fax: 34 (932 996 941)
Email: usuarios@terapiacpap.es
In order to prove the date of purchase of the product, you must keep the invoice.
In the event that the user detects any problem at the time of delivery of his order (damaged packaging, missing or damaged products) he must indicate it in writing on the delivery note of the carrier, and contact by phone or email with CAR
7. Photographs and product descriptions. Conformity.
CAR strives to provide its users with the best information about the products they purchase. However, the photographs of the products are merely illustrative and are not part of the contract, CAR not being responsible for the slight differences that these illustrations may contain with respect to the product purchased. The same applies to containers or seals.
CAR is dedicated to excellence and will always be liable for any lack of conformity of its products.
8. Legal guarantee
Users considered consumers are entitled to the legal guarantee of conformity, which is two years.
All products offered through the website are completely original, unless otherwise indicated in their description.
If the user detects a defect in it, you can contact CAR to provide the contact details of the corresponding technical service.
9. Means of payment
CAR accepts the following means of payment:
-Visa
– Mastercard
-PayPal
-Cheque
-Transfer
CAR does not assume any responsibility, nor will the contract be considered perfected, if the corresponding financial institution refuses the payment. In this case, the order will be automatically cancelled and the user will be informed. For payments made with cards issued outside Spain, it is necessary that the issuing bank is covered by the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not meet this requirement will not be accepted.
The expenses associated with any of these means of payment will be assumed entirely by CAR
The holder may request that the products be sent to a person and address other than his own, provided that they respect the delivery restrictions.
CAR ensures a secure payment system and ensures that the confidentiality of the information provided and card numbers is kept by means of protection and encryption procedures. The order validated by the user will not be considered effective until the payment is.
10. Invoice
By default, you will receive a paper purchase invoice along with your order, in addition to email. If you renounce the paper invoice and prefer to receive only one invoice by email, you must give us your express consent, which can be revoked at any time by sending an email to usuarios@terapiacpap.es.
You can request an invoice in the purchase process, indicating your NIF, name and surname or company name, billing address.
11. Product Availability.
CAR tries to always have its entire range of products in stock, so you don’t have to wait.
If any of the products of your order is not available, CAR will contact the user electronically to choose between the cancellation of the entire order or a partial delivery of the products we have in stock and a subsequent delivery of the missing product. In this case, the indicated delivery times will be suspended. The refund of the price, if applicable, will be made in less than 10 calendar days.
The delivery times are approximate and are not considered essential to the contract, so it will not be considered a breach of contract as long as the delay does not exceed 30 calendar days, and will not entail compensation or the right to terminate the contract in favor of the user.
12. Shipping Conditions. Delivery restrictions.
The purchased products will be sent to the shipping address provided by the user.
Shipping costs are not included in the price communicated in the offer, and will be indicated in the cart, before confirming your willingness to pay.
The user expressly consents for CAR to provide their data to the corresponding companies to deliver the purchased product.
Orders through our website can be placed 24 hours a day, 365 days a year.
The user’s order is sent exclusively to the Spanish Peninsular territory, Canary Islands, Balearic Islands, Ceuta and Melilla.
The form of shipment of each product is by courier and will be subject to availability of each product offered, with the regular delivery time being between 24 hours and 10 days. There are two modes of shipping 48 hours and 24 hours. Delivery times may vary on weekends and holidays, as well as according to your geographical location.
The CAR online store informs via email of the receipt of the order. If the merchandise is not available, the user will receive a notification.
CAR will not be responsible when the delivery of the product does not take place as a result of:
to. The inaccuracy or falsity of the data indicated by the user.
b. Causes beyond CAR
c. The absence of the recipient in the two delivery attempts.
CAR will not be responsible for the delay in the delivery of orders for reasons not directly attributable to CAR, nor for causes beyond the company’s control, such as fortuitous events or force majeure.
Orders will not be delivered to PO boxes, or to homes where, due to inaccessibility, inaccuracy or other circumstances, the usual transport companies cannot or do not want to make deliveries.
13. Receipt of products
The order is considered delivered at the time of its transfer to any person at the address indicated by the user in the registration. It is up to the receiver to verify the condition of the goods upon receipt. The receiver who finds the lack or poor condition of any of the products, must contact the CAR as soon as possible
14. Price and validity of the offer
All prices include legally applicable taxes (e.g. VAT). In the case of shipments to the Canary Islands, Ceuta and Melilla, VAT is not applied and they are considered exports, and the user must assume the payment of the corresponding taxes at customs.
The price of each product will be that which appears, unless error, in the description of the product, on the date of placing the order.
The price of the products does not include, unless expressly indicated, shipping costs.
Unless expressly stated otherwise, they do not include handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The price is expressed in EUR currency (€).
15. Intellectual Property
All intellectual property rights, trademarks and other industrial property rights belong to CAR or have been assigned to it by its owner. Content created, programmed and designed exclusively for CAR is protected by intellectual property rights in its current form. Without the express written consent of CAR, any reproduction, dissemination, distribution or modification thereof is strictly prohibited.
16. Privacy Policy
CAR uses your personal information only to process and send you your order and, in case you expressly consent, to send you commercial information, including by email, about our promotions, new products and various offers. All your personal data are stored and processed in compliance with current legislation (Law 15/1999, of December 13, Protection of Personal Data (LOPD) and Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, protection of personal data (RLOPD).
To learn more, please read our Privacy Policy.
17. Cookies
To know all the information about cookies, please read our Privacy Policy.
18. Changes to Terms
CAR reserves the right to change both prices and any other content of our website, at any time, always valid information available at the time of ordering.
19. Applicable law and competent courts
The general terms and conditions of CAR are governed by the laws of Spain. Without prejudice to the legal provisions on jurisdiction in relation to consumers, the parties to the contract submit to the jurisdiction of the courts and tribunals of Rubí (Province of Barcelona).
20. Safeguard Clause
If any provision of the contract is invalid, the validity of the remaining provisions shall not be affected.
21. Complaints and request for information
The user may contact CAR in order to file a claim or complaint, or simply request information about a product offered or contracted, at the following address, telephone and fax and email address:
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 1 P. 2
08173 Sant Cugat del Valles
Phone: 34 (900 494 138)
fax: 34 (932 996 941)
Email: usuarios@terapiacpap.es
There is a European online dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES
ANNEX A
Consumer and user information document on the
Right of withdrawal
You have the right to withdraw from this contract within 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days on the day:
(a) in the case of a service contract: the conclusion of the contract;
b) in the case of a contract of sale: that you or a third party indicated by you, other than the carrier, acquired physical possession of the goods;
c) in the case of a contract for the delivery of multiple goods ordered in the same order and delivered separately: that you or a third party indicated by you, other than the carrier, acquired physical possession of the last of those goods;
d) in case of delivery of a good composed of multiple components or parts: that you or a third party indicated by you, other than the carrier, acquired physical possession of the last component or piece;
e) in the case of a contract for the periodic delivery of goods over a specified period: that you or a third party indicated by you, other than the carrier, acquired physical possession of the first of those goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to:
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 8 P. 2
08173 Sant Cugat del Vallès
Phone: 34 (900 494 138)
Email: usuarios@terapiacpap.es
You can use the model withdrawal form below, although its use is not mandatory. You also have the option to electronically complete and submit the model withdrawal form or any other unambiguous statement via our website [http://www .terapiacpap.es]. If you use this option, we will notify you without delay on a durable medium (e.g. by e-mail) of receipt of such withdrawal.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal:
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive mode of ordinary delivery we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of the return of the goods, whichever comes first.
You must return or deliver the goods directly to us at
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 1 P. 2
08173 Sant Cugat del Vallès
Phone: 34 (900 494 138)
Email: usuarios@terapiacpap.es
without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the end of the period.
You must bear the direct cost of returning the goods; CAR reserves the right, as the case may be, to collect the goods at our own expense.
In the event that the goods, by their nature, cannot normally be returned by post, you must bear the direct cost of returning the goods, as well as managing the shipment.
You will only be liable for any decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
In the case of a contract for the provision of services, if you have requested that the provision of services commence during the withdrawal period, you will pay us an amount proportional to the part already provided of the service at the time you have informed us of your withdrawal, in relation to the total object of the contract.
ANNEX B
Model withdrawal form
(You only have to complete and send this form if you wish to withdraw from the contract)
Attn:
C A R CARDIOLOGY ADVANCED REGISTER S.L.
Calle Cerdanya No. 8 P. 2
08173 Sant Cugat del Vallès
Phone: 34 (900 494 138)
Email: usuarios@terapiacpap.es
I hereby inform you that I withdraw from the contract of sale of the product ____ Order on day ______/ received on día_________.
pedido____________ Code
User’s personal data:
Name and surname: ____
D.N.I: __
Address:________________________________________________________________________________________________________________________________
In _____, ____de_____________ of 20___
USER SIGNATURE
