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GENERAL TERMS
These general conditions regulate the legal relationship arising from the contracting processes carried out between users of the website located at the URL www.mediderma.com owned by the owner of the website. Clients/users accept the General Conditions from the moment they register on this website, use or contract the service or purchase any product. This document can be printed and stored by the Users. The Owner of the Website places at the disposal of the users the e-mail address that appears in the Legal Notice of the Website, so that they can ask any questions about the General Conditions.
The WEBSITE OWNER or seller or lessor or provider of the services is:
Name: MEDIDERMA, S.L., Avda Del Molins, 12 - Polígono industrial La Murta, Puçol 46530, Valencia (Spain) tax ID Number B- 96188164. Contact address: info.es@sesderma.com
The USER of the website shall be a guest, registered user or customer who acquires the status of registered user at the time of registration on this website, and of customer in the event that he/she acquires any of the services or products of the website.
1. Applicable law
These General Terms and Conditions are subject to Spanish law, to the provisions of Law 7/1998 of 13 April on General Terms and Conditions of Contract, Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Regulation (EU) 2016/679, European Data Protection Act, Organic Law 3/2018, of 5 December, on the Protection of Personal Data, Law 7/1996, of 15 January, on the Regulation of Retail Trade, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the Civil Code and any other European, state or autonomous regulation that may be applicable.
2. Standards. Knowledge, acceptance and modification.
These Rules define the rights and obligations of the parties: THE WEBSITE OWNER and the USER of the website.
The USER declares that he/she knows and accepts them, and agrees that they represent the totality of the agreements made between him/her and THE WEBSITE OWNER, without the need for any other written transcription, considering each Rule to be separable and independent from the others.
THE HOLDER OF THE WEBSITE reserves the right to modify these clauses, without notice, and may improve, delete or add content and services. The continuity of the USER on the pages implies that he/she consults and accepts them each time he/she uses the service.
In order to ensure the accessibility and readability of these terms and conditions of the contract, where the recipients are users, the consumer and user should be made aware of their existence and content prior to the conclusion of the contract. The font size of these terms and conditions is presented in such a way that in a normal view setting of the consumer's browser, the font size is greater than one and a half millimetres and the contrast with the background is sufficient to make it easy to read.
3. Description of services
THE HOLDER OF THE WEBSITE is a commercial company that offers the sale of products or services according to the particular conditions that appear next to the offer of each one of them. Users can make purchases on the website.
4. Products and Services
THE HOLDER OF THE WEBSITE provides the services and offers for sale the products that appear on the Website and which are clearly and unambiguously expressed next to them, a description that includes the particular conditions of each one of them.
5. Payment system
The USER of the WEBSITE HOLDER's pages accepts the method of payment determined by the WEBSITE at the time of purchase. In the event that several options are shown, the USER accepts the means of payment chosen by him/her. The payment options are those established by the particular conditions of each product or service selected.
6. Use of the website<
The USER undertakes to use this website in accordance with the rules of use and not to carry out activities contrary to the law, morality or public order. Likewise, the USER undertakes not to carry out actions that affect the visualisation, extract information or attempt to access internal databases.
The USER shall not use the WEBSITE OWNER'S website for the following purposes:
a) Making an unauthorised, false or fraudulent purchase
b) Interfering or attempting to interfere with the functionality of the WEBSITE OWNER's sites
c) Obtaining or attempting to obtain unauthorised access.
THE WEBSITE OWNER reserves the right to cancel the USER'S orders or deny access, without prior notice, in the event that he/she carries out any of the above activities and to take the appropriate legal action.
7. Litigation
In the event of a dispute, the USER shall contact the WEBSITE OWNER as a matter of priority in order to reach an amicable solution. For all litigious matters concerning the WEBSITE OWNER, Spanish law shall apply, and the Courts and Tribunals of the domicile in Spain of the WEBSITE OWNER or of the domicile of the consumer in the event that the recipient of the services is a consumer shall have jurisdiction.
8. Copyright, intellectual property and advertising
THE HOLDER OF THE WEBSITE respects the industrial and intellectual property rights of third parties.
It is forbidden to reproduce, copy, publicly communicate, distribute or modify elements of these web pages or to infringe rights susceptible of protection unless authorised by the holder of the rights. Reproduction of all or part of the content on the WEBSITE OWNER's sites is prohibited.
The contents provided by this website are subject to intellectual and industrial property rights and are the exclusive property of THE HOLDER OF THE WEBSITE or of the natural or legal persons who, where appropriate, are indicated. The intellectual property extends, in addition to the content included in THE HOLDER OF THE WEBSITE, to its graphics, logos, design, images, databases, contents of its databases and source code used for its programming.
9. Conditions of sale of products or services on the website
THE HOLDER OF THE WEBSITE makes available to users products for sale which may be acquired in exchange for a price. They are paid through the website by means of the established means of payment and are accessed by the user by downloading them.
9.1 Shipping conditions
They are regulated in a separate document, accessible through the website. Shipping costs are indicated at the time of purchase, although they may be waived if the conditions established by the website are met.
9.2 Shipping conditions
They are regulated in a separate document.
9.3 Information, right of withdrawal and pre- and post-contractual communications.
The WEBSITE OWNER provides in all cases clear and exact information on the prices of the products or services offered, expressly stating whether or not the applicable taxes are included in the price and whether or not there are shipping costs.
Prior to contracting, the WEBSITE OWNER has informed the USER about the different procedures to be followed for the conclusion of the contract, that the company will file the electronic document in such a way that it is accessible to the USER, about the technical means made available to the USER to identify and correct errors in the entry of data and about the language or languages in which the contract may be formalised.
The owner of the website confirms receipt of the acceptance to the USER by sending an email to their email address after contracting. The content of the email includes written information on conditions and modalities of exercising the right of withdrawal and resolution and the document of withdrawal and revocation, if applicable. The right of withdrawal applies in the case of online sales.
Time limit for exercising the right of withdrawal: 14 calendar days from receipt of the goods.
Costs of return in the event of withdrawal: the user shall bear the direct costs of returning the goods for which he exercises the right of withdrawal.
Application of the right of withdrawal: only to users who are consumers.
The WEBSITE OWNER will provide in the particular conditions information on applicable taxes, shipping costs where appropriate, after-sales service costs and existing guarantees under applicable law, where appropriate. In general, the particular conditions include the prices including taxes.
10. Data protection rules.
The Privacy Policy and Cookie Policy of the website contain general data protection information for the user of the website who has not registered or who requests information about products or services.
10.1 Safety measures.
The user's personal data will be processed for the purposes of the contract, in accordance with the provisions of the current legislation on personal data protection, the provisions of this contract.
Under no circumstances will the personal data processed be transmitted or communicated to third parties, unless express written instructions are provided.
The persons forming part of the structure and human resources of the WEBSITE OWNER have been authorised by the latter to process personal data, and have expressly undertaken in writing to respect confidentiality rules and to comply with the security measures corresponding to their functions, of which they have been informed in writing.
The necessary security measures will be adopted and maintained and the rights of the affected persons will be guaranteed, in accordance with the provisions of Art. 32 of the RGPD, and the following measures, among others, must be established where appropriate:
a) the pseudonymisation and encryption of personal data;
b) the ability to ensure the continued confidentiality, integrity, availability and resilience of the processing systems and services;
c) the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident;
d) a process of regular verification, evaluation and assessment of the efficiency of the technical and organisational measures to ensure the security of the processing;
e) other security measures adopted by means of its proactive responsibility taking into account the personal data processed;
In particular and where appropriate, the WEBSITE OWNER guarantees that the personal data that it integrates into its processing systems, that it stores, or that it processes on automated media, will be hosted on its own servers or, where appropriate, those of its subcontractors, and accessible via its own secure Internet access. The servers or data hosting equipment are:
a) Secure, in accordance with the requirements of the GDPR.
b) Located in the European Union.
10.2 Information on data protection and rights.
The WEBSITE OWNER or controller informs the user of the following:
Data Protection Officer:
Name: MEDIDERMA, S.L., Avda Del Molins, 12 - Polígono industrial La Murta, Puçol 46530, Valencia (Spain) Tax ID Number B- 96188164. Contact details: info.es@sesderma.com
Purposes of the data processing: fulfilment, development and control of the purchase contract. Sending commercial or promotional communications.
Legal basis: contract and consent, where given, and revocable at any time. Legitimate interest in the case of the processing of data of contact persons of legal persons for the sole purpose of processing for contact purposes.
Recipients: The data may be transferred to the tax authorities in order to comply with legal obligations. They may be transferred to banking institutions, in order to manage collections.
Retention period: in the case of a contract, for the period during which claims may be lodged, during the limitation periods. In the case of consent, until revocation or exercise of the right to object.
Rights: The exercise of the rights of access includes the right to obtain a copy of the personal data being processed, rectification, opposition, erasure or deletion where appropriate, portability and limitation of processing, may be exercised by the person concerned by means of a written request, accompanied by an official document of identification, addressed to the contact address that appears in this contract, and complaints may be lodged with the Spanish Data Protection Agency.
Other information on data protection can be found in the website's Privacy Policy.
11. Model form for the exercise of the right of withdrawal:
(You should only complete and send this form if you wish to withdraw from the contract)
To the attention of (here you must insert the name of the entrepreneur, his full address and, if available, his fax number and e-mail address) (*):
I hereby inform you (*) that I/We hereby withdraw from my/our (*) contract for the sale of the following goods/provision of the following service (*)
Ordered on/received on (*)
Signature of the consumer and user(s) (only if this form is submitted on paper) (*)
Date (*)