1. Scope of application

The present general conditions of sale apply to any enquiry or order placed on the site www.devicare.com, hereinafter referred to as "the Site", of DEVICARE, SL, with registered office in Spain, Av. Generalitat, 163-167, Sant Cugat Green Building, 08174 Sant Cugat del Vallès (Barcelona), and with tax identification number B-65663122, for the purchase of products and/or services (hereinafter referred to as the "Products").

The confirmation of the order by the purchasing customer entails the unreserved acceptance of the present general conditions of sale which prevail over all previous versions or specifications emanating from the purchaser, including the exchange of e-mails. The present conditions may be modified, and it is therefore recommended that you read them before placing each order.

For the purposes of these general conditions of sale, a consumer is understood to be a natural person acting outside the scope of a business or professional activity.

2. Ordering

2.1 Product Offering

The Products marketed via the Internet portal are presented in accordance with the legal recommendations and as accurately as possible.

These are Products whose online sale is authorised, as well as medical devices not subject to medical prescription, whose sale is legal.

Likewise, this portal respects the provisions of art. 3.5 of Royal Legislative Decree 1/2015, of 24 July, approving the revised text of the Law on guarantees and rational use of medicines and medical devices, which prohibits the sale by mail order and telematic procedures of medicines and medical devices subject to medical prescription.

There may be differences between the Products delivered and those represented on the Site or catalogue, mainly in terms of design. Such differences, as they do not influence the basic characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery.

As an exact representation of the Products on the Website and/or in the catalogues cannot be guaranteed, in particular due to differences in the finishing of the colours on the Internet browsing software and/or on the screens, DEVICARE cannot be held responsible for the inaccuracy of the photographs appearing on the Website.

Product orders are subject to availability, so that if there are difficulties in supply or stock shortages, DEVICARE expressly reserves the right to inform of any other replacement product of the same quality and value. In case of refusal of the offer of product substitution, DEVICARE, will reimburse the amounts paid.

2.2 Disclaimer of liability

DEVICARE does not diagnose or treat health problems, nor does it prescribe medication or other treatments. You should always consult with your health care professional and read the information provided by DEVICARE before using a product or performing a particular treatment. People are not all the same and may react differently to different products. You should consult with your health care professional about interactions that may occur between the medications you take and DEVICARE products.

Comments made in any forum on the Site by employees or users of the Site are strictly their own views made in their personal capacity and are not statements made by DEVICARE. Opinions made by DEVICARE professional contributors are not intended to be a substitute for the medical care or advice of a health care professional.

Always check the label or product packaging before use. If there are any discrepancies, customers should follow the information provided on the product label or package. DEVICARE should be contacted directly for clarification on the product label, packaging details and recommended use.

2.3 Order acceptance

The order is firm for the purchaser as soon as he confirms his purchase and makes the payment or reservation of the order.

For DEVICARE, as soon as the payment is validated and the order is confirmed.

3. Price and payment

3.1 Price of the Products

The prices of the Products are indicated in each one of them, and include the taxes related to the sale, which are detailed, according to the country indicated by the purchaser.

DEVICARE reserves the right at any time and unilaterally to modify the price of the products and services offered on its website. In order to guarantee the customer the certainty of the price of its products, this will be the one in force in the advertising coinciding with the moment of formalising the order, all of this in accordance with the applicable regulations.

3.2 Payment

Payment is made in full, when placing the order and by the following means of payment:

Credit card:

Visa and Mastercard credit cards may be used. The user must follow the instructions that appear on the screen, providing the following information:

1. Type of card
2. Card number
3. Expiry date
4. The 3 check digits on the back of the card.

Payments by bank card are secure thanks to the Stripe payment platform used for POS payments by Servired, 4B and American Express banks. This solution allows the buyer to make purchases of products in complete security. The bank details of the buyer who pays by bank card will not be kept by DEVICARE.

Paypal:

By means of secure transmission systems SSL (Paypal) and without DEVICARE having access to the data of its customers.

Other methods:

Through platforms such as Google Pay or Apple Pay. In this case, Devicare will not have access to your data. The customer, prior to using these payment platforms should read about the data privacy policies of the respective providers.

3.3 Order information

The customer shall communicate to DEVICARE, the set of data necessary for the issuing of the invoice, as well as his intra-community VAT number or other fiscal data if necessary.

When the customer provides his identification information for an address, the identification information is linked to the delivery address. The recipient name in the delivery address must match the name in the identification information provided.

4. Delivery

4.1 Method of delivery

Delivery by carrier to your home:

The delivery of the order will be carried out by a specialised carrier to guarantee maximum protection, at the address provided at the time of purchase.

The delivery time may vary and depends on various circumstances. DEVICARE will duly inform you of the delivery times during the purchase process. You can also contact the company for further information.

Deliveries to all of Spain (Peninsula and Balearic Islands) and Portugal will be made within approximately 24-48 hours by the transport company NACEX.

If there are errors or lack of information, there may be delays in the original delivery date. The carrier may contact the customer for further information in order to complete these orders.Los envíos al extranjero pueden retrasarse debido a factores inesperados o controles aduaneros.

Unexpected service delays (caused, for example, by weather conditions, natural disasters or unforeseen events) add at least two to three working days to the estimated delivery date.

External factors, such as traffic, may affect delivery times.

Delivery times are not guaranteed and may be subject to change. Thus, deliveries may arrive earlier or later than the estimated delivery times.

The impossibility of delivering the Products on the agreed date by the carriers, due to the absence of the purchaser or of information on the need to resort to specific means of delivery, may result in the payment of additional delivery charges and/or the cancellation of the order by DEVICARE.

The risks of the Product are transferred to the buyer at the time of delivery to the designated address or, where applicable, to customs.

In the case of direct home delivery, without customs clearance, when the product cannot be delivered for reasons attributable to the purchaser, the risks shall be assumed by the purchaser from the date of the carrier's first attempt to deliver the Products.

In the case of purchase of several Products, where the dates of availability of each of them are different, DEVICARE shall propose to the purchaser to split his order. The risk shall be borne by the purchaser, for each product, as indicated above.

In the event of split delivery, the participation in the delivery costs shall be applied to each of the order's fractions. In the absence of delivery by instalments, delivery shall take place on the date of availability of all the Products ordered.

4.2 Shipping costs

During the purchase process you will be informed of the shipping costs that will be calculated automatically by the system.

Prices are approximate and in some cases may vary. The prevailing cost is the one that appears in the purchase summary before choosing the payment method. Shipping costs may vary over time, which is why they will always be those in force at the time of contracting, of which the buyer will be duly informed before formalising the purchase.

4.3 Taxes, fees and customs duties

When placing an order with DEVICARE, the customer must comply with all applicable laws and regulations of the destination to which its Products will be delivered. It is also responsible for ensuring that the Products ordered can be legally imported into the country of importation.

Products shipped may be subject to taxes, customs duties and fees charged by the authorities of the country of importation ("Import Duties"). Customer is responsible for payment of all Import Fees.

For certain destinations, DEVICARE may charge a deposit at checkout ("Import Fee Deposit") to pay customs fees to enable the customer to receive the order. In such cases, by placing your order, you authorize DEVICARE to collect the Import Fee Deposit or import charges.

In all other cases, the customer will be responsible for paying the customs duties in order to receive the order correctly. In case of non-payment within the deadline set by each customs office, the order will be returned to DEVICARE's premises without any right to reimbursement by the customer, as damages.

The customer is the person responsible for the import clearance of products shipped outside the EU. Where applicable and necessary, you authorize DEVICARE to appoint a carrier to act as your direct or indirect representative/agent with the relevant customs, postal and tax authorities, to clear your products, to process and pay on your behalf any Import Fees charged for your products ("Current Import Fees"), and to process any modification, invalidation or refund or remission of duties related to the importation of your products. Any deposit of Import Fees or Import Charges will be used to reimburse the Designated Carrier for the Actual Import Fees. Customer agrees that the Designated Carrier may disclose to DEVICARE the amount of actual import fees for products purchased.

You will not be charged any additional costs if the actual import fees are greater than the import fee deposit or import charges charged by DEVICARE. If the import fee deposit charged by DEVICARE is greater than the actual import fees, DEVICARE will refund the difference. Import charges are fixed and you will not be reimbursed if the import charges are greater than the actual import rates. After shipment of your order, you may contact the designated carrier specified on your shipment confirmation for details on actual import rates or to obtain documentation or receipts related to customs clearance.

DEVICARE may charge taxes on orders shipped internationally, including value added, goods and services, and sales and use taxes (VAT, LVIG, GST, JCT). The sale of Products will, in certain cases, be subject to tax in the country associated with the customer's delivery address. Tax is charged at the applicable rate in accordance with the local legislation of each country.

For Products shipped internationally, please note that:

1. Guarantees may not be vali

2. Service options may not be available at the destination.

3. Product manuals, instructions and safety warnings may not be provided in the target language; products (and accompanying materials) may not be designed in accordance with target standards, specifications and labelling requirements.

Customs regulations in certain countries require identification to be provided for clearance. DEVICARE securely stores the identification information so that it can be transmitted to the carrier and Customs officials. This process allows Customs to clear the Order without further delay.

Customs in some countries and regions require the importer of record (IOR) to provide a particular form of identification (identity document) before releasing a shipment. The customer may be required to provide an identification number (national identity card), an identification photograph or other document.

Countries, regions and jurisdictions that may require an identification number include the following: Argentina, Bahrain, Bangladesh, Bermuda, Bolivia, Brazil, Bulgaria, Chile, China, Croatia, Cyprus, Czech Republic, Egypt, El Salvador, Guatemala, India, Indonesia, Israel, Italy, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lithuania, Mexico, Nigeria, Norway, Oman, Peru, Portugal, Qatar, Saudi Arabia, Romania, Saudi Arabia, South Africa, Slovakia, Slovenia, South Korea, Spain, Sweden, Taiwan, Turkey, United Arab Emirates, Uruguay, USA.

In addition, customs in these countries may need additional information and you may be required to provide this information directly to the delivering carrier.

Taiwan: As of 16 January 2020, Taiwan Customs requires real name authentication for persons importing express courier shipments. To facilitate customs clearance, the consignee must register directly through Taiwan Customs' EZ WAY app on a mobile device to complete the real name authentication process. Shipments without authentication and real name verification may not be accepted for import clearance. For additional details on the import clearance process, you can visit the Taiwan Customs information website at https://eweb.customs.gov.tw/. In this case, the buyer's name for the order must match the real name.

South Korea: When importing goods into Korea, a Personal Customs Clearance Code (PCCC), provided by the Korea Customs Service, is required for the declaration of personal effects. You can create or update your PCCC on the Korea Customs Service website or obtain more information at https://www.customs.go.kr/.

DEVICARE is not responsible for the customs requirements of each country and the customer purchaser should inquire about these prior to placing any order.

4.4 Reception and complaints

Upon receipt of the order, the purchaser must carry out all necessary examinations to detect any shortages, defects or other apparent defects, as well as the non-conformity of the Products delivered with the order placed.

In particular, the buyer must check the condition of the packaging, the number of packages and the Products in terms of quantity, reference, condition and characteristics. In the event of a complaint, the purchaser must contact the DEVICARE Customer Service Department, who will indicate how to proceed.

The purchaser must also be able to provide any proof required concerning the reality of the claims made and provide DEVICARE, its carriers or any person delegated by them, with the necessary facilities to proceed with their verification.

Accepted complaints will give rise to an exchange of the defective or non-conforming Product, or to its reimbursement in the event of unavailability of the Product in stock.

The returned Product must be delivered to DEVICARE's carriers, in perfect condition, in its original packaging and provided with all its accessories. No spontaneous return will be accepted without the agreement of DEVICARE.

Observations:

1. DEVICARE cannot accept returns of food supplements or consumables, such as Lit-Control pH Buffer solution, once they have been dispensed and delivered to the customer, except for those supplements or consumables that have been supplied in error, do not correspond to the order or have been damaged during transport.

2. The purchaser shall be entitled to the return of the product and the refund of the amount paid in the event that the expected delivery time exceeds 50% of the approximate time established in the purchase for reasons not attributable to the purchaser himself.

3. Products may only be returned if they have not been used, manipulated, unsealed and delivered with the packaging that accompanied them intact.

5. Product warranty / liability

5.1 Warranty coverage

Some of the products offered through the website may be perishable products and do NOT have the 2-year guarantee period established for other types of products. The guarantee of these products sold by DEVICARE, is provided in the case that the product has been damaged during transport, in other cases the official guarantees for perishable products are taken into account.

In the case of non-perishable products, they have a guarantee period of 2 years from their delivery against any manufacturing, design or material defect affecting their correct use.

During the guarantee period, DEVICARE undertakes, at its choice, to exchange or reimburse the Products recognised as defective by its services.

The exchanged Products enjoy the guarantee for the remaining period. The warranty does not include:

1. Damage to the Product resulting from normal wear and tear taking into account its nature, function, composition and price;

2. Damage to the Product resulting from faulty installation, storage, maintenance or assembly, faulty maintenance, improper use or use not in accordance with the technical specifications or use (non-observance of maintenance recommendations), modifications or repairs carried out by the purchaser or a third party, damage caused by external objects, external events such as accidents, knocks, fire, vandalism, damage caused by water, natural or artificial light, natural disasters or adverse weather conditions.

5.2 Implementation of the guarantee

To apply the warranty, the purchaser shall contact DEVICARE customer service. The presentation of the original invoice will be required in order to benefit from the guarantee.

5.3 Legal guarantees

The Products are guaranteed against possible defects and hidden defects under the conditions provided for in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users; Law 3/2017, of 15 February, of the sixth book of the Civil Code of Catalonia, relating to obligations and contracts, for buyers who have the status of consumer; Royal Decree of 24 July 1889, text of the edition of the Civil Code; and Royal Decree of 22 August 1885, which publishes the Commercial Code.

5.4 Responsibility of DEVICARE

DEVICARE's liability for the delivered Products, including within the framework of applicable contractual or statutory warranties, is limited to the price of the defective Products or Products not conforming to the intended use.

DEVICARE, shall not be liable for and does not guarantee any results arising from the Product itself.

DEVICARE shall not be obliged to indemnify for consequential damages or any other economic loss experienced by the purchaser or a third party.

6. Right of withdrawal

Returns of medical devices, food supplements and perishable consumables will not be accepted once they have been dispensed and delivered to the customer, except for those that have been supplied in error, do not correspond to the order or have been damaged during transport.

The customer shall be entitled to the return of the product and the refund of the amount paid in the event that the delivery time exceeds 50% of the time established in the purchase for reasons not attributable to the customer.

With the aforementioned exceptions, the right to withdraw from the purchase is only held by the buyer who is a user.

In accordance with articles 68 and following of the General Law for the Defence of Consumers and Users, approved by Royal Legislative Decree 1/2007, of 16 November, if you contract as a consumer you may withdraw from the purchase within 14 calendar days.

The period for calculating the withdrawal period shall begin to run:

1. For withdrawal due to error in the purchase by the buyer, or change of opinion: From the date of purchase or order request.

2. For withdrawal due to damaged or defective product: From the date of delivery of the order.

Once the withdrawal has been made, DEVICARE will refund the price paid for the products within a maximum period of 30 working days from receipt of the product.

No amount will be refunded in the event that the product has been used or has suffered any damage for reasons attributable to the buyer, so the product must be returned in the same condition in which it was delivered, including all instructions, documents and packaging of the product.

Transport costs or, where applicable, taxes and duties paid to receive the Product shall not be refunded.

In accordance with art. 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, the right of withdrawal does not apply to goods that may deteriorate or expire rapidly or to the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, so that the right of withdrawal may not be exercised, for example on packaging that has been opened, due to the deterioration of the contents in such cases.

In the event of loss, destruction or any other cause that prevents the return of the order for reasons attributable to the purchaser, the purchaser shall be liable for the market value that the service would have had at the time of exercising the right of withdrawal, unless this value is higher than the purchase price, in which case the purchaser shall be liable for the latter.

In the event that the withdrawal is for a service provided by DEVICARE or any of its collaborating professionals, the refund shall be made within a maximum period of 30 working days from receipt of the withdrawal. It will not be possible to withdraw if the service has already been started.

The formalisation of the right of withdrawal will be carried out by means of a document that DEVICARE will make available to you once you have communicated your decision to withdraw from the purchase.

In order to exercise the right of withdrawal, the purchaser must send the withdrawal form provided with the order to info@devicare.com or by registered post with acknowledgement of receipt to the following address: Av. Generalitat, 163-167, Sant Cugat Green Building, 08174 Sant Cugat del Vallès (Barcelona - Spain).

The Product must be returned by the purchaser, within a maximum period of 14 calendar days from the date of receipt of the order, to DEVICARE, at the address indicated above.

The purchaser will have the option to have the Product collected by DEVICARE's carriers at his own expense. This option must be exercised by the purchaser on the withdrawal form.Al comprador se le reembolsará, a la mayor brevedad posible, y como máximo en los 30 días posteriores a la recepción del Producto, las cantidades pagadas por éste, siempre que éste se encuentre en perfecto estado, en su embalaje original y provisto de todos sus accesorios.

7. Force majeure

Neither Party may be held liable for the total or partial non-performance of its obligations if such non-performance is due to an act of God or the occurrence of an element considered force majeure such as, but not limited to, floods, fires, storms, shortage of raw materials, transport strikes, partial or total strikes, or lockouts.

The Party affected by such events shall inform the other Party as soon as possible and at the latest within five (5) working days after the occurrence of this event.

The parties agree that they shall consult as soon as possible to determine together the modalities of execution of the order during the period of force majeure.

If the period of force majeure is longer than one (1) month, DEVICARE may not execute the order and shall reimburse to the purchaser, if necessary, the sums paid by the latter for the order in question.

8. Miscellaneous

8.1. Test:

By express agreement between DEVICARE and the purchaser, e-mails shall be binding between the parties, in the same way as the automatic registration systems used on the Site, in particular as regards the nature and date of the order.

8.2 Partial invalidity:

If one or more provisions of these general terms and conditions of sale are deemed invalid or are declared as such by law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect and shall retain their scope of application.

8.3 Absence of waiver:

The fact that one of the parties has not demanded the application of any clause of these general terms and conditions of sale, either permanently or temporarily, shall in no case be considered as a waiver of the rights of that party arising from that clause.

8.4 Modification of the general conditions of sale:

DEVICARE reserves the right to modify the present general terms and conditions of sale. Any new version of the latter shall be indicated on the Site.

The version on line on the Site at the time of the placing of the order by the purchaser shall prevail over any other version of the present general terms and conditions of sale.

8.5 Integrity of the contract:

These general terms and conditions of sale and the order summary sent to the purchaser form a contractual whole and constitute the entirety of the contractual relations established between the parties.

9. Applicable law / jurisdiction:

The relations between the purchasers and DEVICARE, in respect of orders placed on the Site shall be governed by Spanish law and any litigious discussion of any order shall be subject to Spanish jurisdiction.

Pursuant to art. 14.1 of Regulation (EU) 524/2013 on online consumer dispute resolution, DEVICARE informs you that, for those cases in which the Customer is resident in the EU, Norway, Iceland or Liechtenstein, the European Commission provides a free access platform for the resolution of online disputes between the Customer and DEVICARE, without the need to resort to the courts of law, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the platform: http://ec.europa.eu/consumers/odr/