CONTRACT CONDITIONS
The purpose of this document is to complement the general conditions of use of the WEB, detailing the specific conditions of contracting through Farmacia Artola.
O OBJECT.
Farmacia Artola makes available to users a platform through which users can access a wide variety of parapharmaceutical, aesthetic and cosmetic products through promotions of a fixed duration and of Spanish national scope, subject to the particular conditions included in In this document, these products are offered directly by Farmacia Artola.
Farmacia Artola reserves the right to make modifications and/or updates to these conditions, of which the client will be informed in advance for acceptance or rejection if they are substantial.
Farmacia Artola wants to let its Clients and Users know that it is aimed exclusively at an audience over 18 years of age.
O OPERATING CONDITIONS OF FARMACIAS.COM.
o PRODUCTS AND/OR SERVICES MARKETED
Farmacia Artola makes available to its users the direct sales service, from which they can purchase the parapharmaceutical products and/or services promoted and/marketed by Farmacia Artola.
o RECRUITMENT PROCEDURE
Farmacia Artola has developed a simple and intuitive process, through which users can easily find the products and services offered.
As an example, and always in an illustrative and non-limiting manner, a purchasing process on the portal could be described as follows:
When a user searches for information about a certain product, the portal will offer all the information available about it, as well as comments and experiences from previous users and/or information of interest found through the Internet or from other brands. In addition, Farmacia Artola will make services and contact forms available to the user so that the user can receive direct pharmaceutical advice at any time.
In order to make a purchase and have all the data necessary to make the shipment, it is necessary for the user to be registered on the platform, for which all they have to do is fill in their real and truthful data in the different registration forms found on the portal or during the telematic purchasing process, in addition the user must enter the delivery or collection method at the pharmacy as well as the desired payment method (PayPal, credit or debit card or payment at the pharmacy office). At no time will we have access to your bank details, these being directly managed by the corresponding banking entities in our payment gateway.
o PRODUCT DELIVERY PROCEDURE
The user will be able to determine in the purchasing process the type of delivery they want, either home delivery or pick it up directly at the pharmacy office. The expenses that the user may incur, associated with the collection of the products at the selected pharmacy office, will always be assumed by the user.
In cases where pharmacy collection is selected, Farmacia Artola will send an email to the user once the pharmacist has indicated that their product and/or service is available for collection.
When the user determines home delivery, the products purchased by the user will be delivered to the user at the address indicated in the form for the purpose of the contracting procedure.
Home delivery is available for shipments within the peninsular territory, excluding the Balearic Islands, Portugal, the Canary Islands, Ceuta and Melilla.
Once the purchase order is confirmed, within 72 hours following the purchase, the Pharmacy will proceed to prepare the order and deliver it to the courier company (Courier) that works with the pharmacy office that will be in charge. of shipping. The user will receive the order placed at their home within 3 to 5 business days, counted from the moment it is picked up by the Courier at the pharmaceutical establishment.
For shipments where necessary, we work with MRW Clinic, an MRW solution for transport in the healthcare and pharmaceutical sector. Designed so that the pharmaceutical sector can urgently transport medicines and parapharmacy products, guaranteeing greater attention in the handling of their shipments.
Under no circumstances does Farmacia Artola offer or ship medicines or thermolabile products.
If any doubt arises in the order received, the owner of the pharmacy, as responsible for attending to said order, will contact the client to properly clarify any doubt that may arise.
o OFFERS, PROMOTIONS AND LIMITATIONS ASSOCIATED WITH SALES
Farmacia Artola offers and launches its own offers, which may have a specific period of duration, being in any case subject to the requirements, time limitations or stock availability expressly indicated in each specific offer.
The user can purchase any of the products marketed by Farmacia Artola at any time, provided that, in the case of products with some type of limitation, the promotion in question has not ended or the stock has been consumed. In any case, Farmacia Artola reserves the right to cancel a purchase, for having been made outside its validity period or upon detection of any error in the processes. In any case, Farmacia Artola is explicitly exempted from direct or subsidiary responsibility for the different offers and/or promotions.
O PRICES
All product prices are included along with the rest of the product description, being publicly accessible, without the need to be registered as a user and are always expressed in EUROS (€).
All prices shown are final prices, the Value Added Tax (VAT) being expressly included, without prejudice to the fact that the user will have detailed information on the price of the product at all times. In the case of the Canary Islands, VAT will be excluded when paying for the order.
In the case of Farmacia Artola's offers or promotions, the prices indicated for each product are the prices applicable to the marketing of said product in each specific promotion, each promotion being taken as a reference individually, and Farmacia Artola does not guarantee that the Prices indicated will be equally applicable in other similar promotions carried out at another time.
Shipping costs:
Shipping costs may vary depending on the destination, weight and dimensions of the products... although before placing the order, the customer will be informed of the exact shipping costs incurred for the order they are placing.
In general, the shipping costs that the customer who requests this type of service must assume will be €4.9 (taxes included) for national shipments (Iberian Peninsula and the Balearic Islands).
However, special shipping services may entail an extra cost for the customer, such as:
- Delivery in less has a surcharge of €2
- Heavy shipments, when the shipment exceeds 2 kilos, additional cost of €0.4 per kilo
Additionally, Farmacia Artola can offer special campaigns and offers through which customers can benefit from discounts of up to 100% of the shipping costs involved in their order.
o MEMBERSHIP AND BILLING
At all times, Artola Pharmacy will be the final suppliers of the services and/or products selected by the user, so that it will always be the Pharmacy selected by the user to carry out the transaction, who will carry out the preparation, distribution and billing of the products. and/or contracted services.
All purchases or contracts made through Farmacia Artola and the Internet will be made through platforms provided by an external financial entity, which in any case will be hosted on a website under a secure SSL protocol. For identification, confirm that the web address of the page from which you are going to make the payment begins with https://.
In any case, the purchase will only be effective when Farmacia Artola receives confirmation of payment from the bank that owns the secure payment gateway. If the transaction is denied for any reason by said entity, or the full amount corresponding to the amount of the order is not provided (including surcharges for management costs and bank transfer commissions), the order will be suspended informing the end customer that the transaction will not be accepted. has been finalized.
Once an order has been placed by the user and the corresponding payment has been made through any of the payment methods made available by Farmacia Artola, the platform will send the end customer an email in which all the information related to the products will be collected. purchased from the selected pharmacy, its unit price, applicable taxes, as well as the total purchase price and the place of delivery.
O GUARANTEES AND RIGHT OF WITHDRAWAL
o GUARANTEES
Farmacia Artola guarantees that all the products offered are original products of the brand, with a manufacturer's warranty and without any defect, with their legally recognized warranty terms in Spain.
The customer has the right to return the products purchased within a period of 14 calendar days from the date of receipt.
Parapharmacy products (medicinal products, not considered medicines), cosmetics, food and beauty products are perishable and consumer products and, therefore, do not have a guarantee if they have begun to be consumed or if the period has elapsed. expiration date of preferential consumption that they have established have a return guarantee protected by law due to their nature as consumer goods. Therefore, once removed from the pharmacy or, in the case of products from the sales platform, delivered to the customer's home, returns will only be accepted if they present any damage beyond the control of the end customer or factory defect, as long as when the product has not been opened.
Specifically in the case of medicines, as well as certain products considered food, food supplements and phytosanitary products, due to the distribution regulations for this type of products and hygiene regulations, the return of these products cannot be made once they have been removed from the pharmacy or once they have been delivered to the customer's home, even if they are closed and/or sealed. The pharmacy will not be able to accept returns of these products once they have been dispensed and delivered to the customer, except in those cases that have been supplied in error, do not correspond to the order or have been damaged during transport. In all cases, the returned medicines will be destined for destruction, through the existing integrated waste management systems.
However, and given the characteristics of commercial products, customers must keep in mind that these, since they are mostly aesthetic, food and parapharmacy products, have their corresponding expiration and preferential consumption periods, guaranteeing in any case that at the time of marketing the products have a sufficient period of time for consumption.
Additionally, and given the characteristics of the products marketed, as they are aesthetic, beauty, health and/or parapharmaceutical products, infant food and/or dietary products, among others, in order to process any type of return, it will be required that the products in question be are in perfect condition, with the seals intact in such a way as to guarantee that the contents of the product, especially if they are creams, makeup, lotions, foods or similar products, have not been manipulated and/or used by the end customer. . Likewise, it will not be possible to exercise the right of withdrawal when products that are already unsealed are not suitable to be returned for reasons of health protection or hygiene.
WARRANTY OF PURCHASED PRODUCTS
Farmacia Artola acts as a distributor of manufacturers who guarantee that the products offered for sale work correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use.
The contractual guarantee offered is the one usually granted by the manufacturer. Once the Customer has received the product, they will have the instructions provided by the manufacturer in their box, sufficient for the correct use and installation of the product and all the information about the warranty. No Client may request a broader guarantee than that indicated there.
In the event that the marketed product shows any damage, please contact the Farmacia Artola customer service immediately to indicate the procedure for returning the product. As soon as its defects are verified, it will be repaired or replaced, or the price will be reduced or all financial amounts paid will be refunded, as appropriate in each case. These procedures will in no case entail a cost for the client.
To claim and enforce the guarantee, the consumer can contact both the seller and the manufacturer of the product within a general period of 2 years from the delivery of the product and always taking into account the conditions and limitations established in the applicable regulations. If the defect or lack of conformity appears after 6 months from the delivery of the product after the purchase, the customer must demonstrate to the manufacturer or seller that the defect, defect or lack of conformity already existed when the product was delivered. In this sense, NOMBRE FARMACIA will carry out actions aimed at providing Clients who request it with the contact information for said service and will provide them with sufficient information to submit the pertinent claims.
The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, installation and use not in accordance with the Manufacturer's instructions.
Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the warranty. The guarantee will not apply to apparent defects and conformity defects of the product, for which any claim must be made by the Customer.
It is expressly indicated that inflatables do not have a guarantee since the manufacturers do not provide it due to the different factors that can affect their correct functioning (punctures, sun exposure, scratches...).
Refunds to CUSTOMER
Returning the products will result in a refund equal to the cost of the returned products less the cost of the return service.
Only in the event that the product delivered is defective or incorrect, Farmacia Artola will also reimburse the Customer for the corresponding shipping costs.
Partial returns and cancellations will result in partial refunds.
Farmacia Artola will manage the return order under the same system that was used for payment within a period of 3 days from the confirmation of arrival at the warehouse of the returned order. The application of the refund to the Client's account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
o RESPONSIBILITIES
The photographs, texts, graphics, information, characteristics reproduced that illustrate the products for sale are not contractual, so they may vary. However, we always ensure that the description of the products is as accurate as possible to reality.
The descriptions of the products displayed on the Website are made based on the information provided by the suppliers of Farmacia Artola. However, the information given about each product, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained therein, are presented for guidance only.
o CUSTOMER SERVICE
Farmacia Artola makes its contact telephone number available to all clients through which they can resolve any questions that the client may have, as well as respond to requests for advice and/or personalized pharmaceutical advice.
In compliance with Regulation (EU) 524/2013, applicable throughout the European Union, through this link you can access the online Conflict Resolution platform for any claim. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
o UNAUTHORIZED USES
Farmacia Artola reserves the right to cancel the account of the registered user or client, and may proceed to terminate this contract. In particular, cancellation may be carried out as a client and/or as a user in the event of detecting non-compliance with any of the contractual obligations contracted in this act, as well as in the event of observing use of the website and/or account contrary to the general terms of use, the website privacy policy and good faith uses accepted in the sector.
In particular, the registration as a client or the placing of orders through Farmacia Artola, regardless of the number and amount, by members of the pharmaceutical establishments, and/or any person directly related to them up to and including the second degree of kinship.
O SAFEGUARD CLAUSE
All clauses or provisions of this contract must be interpreted independently and autonomously, with the rest of the stipulations not being affected in the event that one of them has been declared void by a court ruling or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the conditions of use.
O APPLICABLE REGULATIONS
These conditions are expressly subject to the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approved the Law of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Law 7/1998, of April 13, on General Contracting Conditions, Law 7 /1996, of January 15, Regulation of Retail Trade, Organic Law 15/1999, of December 13, on Protection of Personal Data and other legislation of a general nature or of subsidiary application in accordance with the basic principles of organization of the Spanish legal system.
O COMPETENT COURTS
For any litigation matter related to this website, and whenever consumer legislation permits, we will submit to the Courts and Tribunals of Marbella, as well as the Spanish national legislation in force at the time of the dispute.
To file complaints regarding the use of our services, the client can contact us by mail to the electronic or physical address indicated in the “Identification” section, committing us to seek an amicable solution to the conflict at all times.