LEGAL NOTICE GENERAL TERMS AND CONDITIONS FOR USE OF THE WEB SITE EUROCLINICAL.COM
On effect of article 10 of law 34/2002 of Services of the Information Society and Electronic Commerce Services of July 11, 2002 (from now on "LSSICE"), we inform that the ownership of the web site euroclinical.com (from now on "Website"), corresponds to EUROCLINICAL SERVICES AND SOLUTIONS S.L. (from now on EUROCLINICAL), with CIF B-66475021, registered in the Public Registry of Commerce of Barcelona , Volume 44682, Sheet 86, Page B-463386, first inscription, established for notification effects in Paseo Tramuntana No. 61, 08860 of Castelldefels and with firstname.lastname@example.org as email address.
The objective of the General Terms and Conditions of hiring and use of the Web site (from now on "General conditions") is the regulation of the availability of the information provided in it, as well as business transactions which may arise between the users of the Web site and EUROCLINICAL (from now on "Users").
III.-TERMS AND GENERAL CONDITIONS OF ACCESS AND USE OF THE WEB SITE
The current General Conditions are those since the date of its last update. EUROCLINICAL can choose to modify the General Conditions any time and without prior notice. Similarly, EUROCLINICAL can modify the design and/or configuration of the Web site and its content.
a. Access to the service
The access is free, but there is an exception that had to do with the cost of connection through the telecommunications network supplied by the ISP that has been hired by the user. In addition, the access to the website implies the user’s aceptance of the present General Conditions.
b. Register as User
In order to have access to most of the content, it is necessary to be registered as a User, even to see the price of the products and buy them. This makes the electronic purchase an easier process and avoids asking the clients for the same data each time they make a new purchase.
Registration is free and can be done through the section "Login /Register" or during the purchase process. Once completed the signup process, you will receive an email that will confirm that the process was concluded. You can unsubscribe from the system at any time, deleting your account from your personal area.
Through the user registration area, which you can access using your user name and password, you can see your purchases’ history as well as review and edit records and other procedures that are related with your purchases.
The data provided by the User must be precise, accurate and updated. The User shall be responsible for his password and consequently assume any possible damage derived from improper use of his password, as well as its transfer, loss or disclosure. Unless there is an evidence against, all the data that was registered by EUROCLINICAL are constituent proof of the negotiations carried out between EUROCLINICAL and its customers.
On the other hand, EUROCLINICAL is not responsible for the truthfulness, accuracy and updating of the foreign processing and data showing another source. Besides, EUROCLINICAL is not the owner or responsible for other Web sites in which the access is possible through links from its Web site.
c. Conditions of use of the Web site and User´s obligations
The user assumes the obligation to make use of the Web site and all of its contents and services in accordance with what the current laws, morals, public order, the generally accepted uses and these General Conditions have established. Also, the user assumes the obligation to use the services and content of the Web site correctly, which excludes any use for illegal purposes or law breaking use, or which violates the rights of third parties or that may infringe the regulation on intellectual and industrial property, or any other standard of the legal system.
Additionally, the user assumes the obligation of not sharing material or information that goes against the law, morality, public order and the General Conditions. The user agrees to the following, while the enumeration is not a closed and exclusive list:
1. To enable the information on the data requested in the User’s registration form or at the time of placing the order, and to keep them updated.
2. To not include or disseminate, in or from the Web site, racist, xenophobic, pornographic content or advertising, inciting terrorism, or that violates human rights, morality, public order, public freedoms, honor, third parties’ privacy or image and in general the actual legislation.
3. To not introduce or spread in the network program data, viruses, harmful software or any other electronic device that can cause damage to the Access provider’s computer systems, EUROCLINICAL providers or other users of the Internet network.
4. To not to spread, transmit information and elements that contain illegal or unfair advertising to that may infringe the fundamental rights and public freedoms recognized by the Constitution and by international treaties.
5. To save the "user name" and "password" provided by EUROCLINICAL with due diligence, assuming the damages that may arise if they are not used correctly.
6.- To not replace other Users using their passwords to access to different services and/or contents of the Web site and to do not use false identities.
7. To not carry out activities of advertising or commercial exploitation through the Web site, and don’t use their content and information for publicity purposes or to send messages for other commercial purposes, or to obtain data from others.
8.-To not destroy, alter, disable or damage EUROCLINICAL, suppliers or others’ electronic documents, data and information.
9.- Do not insert or disseminate through the Web site, content that violate others’
10.-To hold harmless to euroclinical.com (the "Web site") to any possible claim, fine, or penalty which could have to undergo if the User doesn’t follow the rules that were indicated above. In addition, euroclinical.com ("Web site") reserves the right to require compensation for damages that may occur in those cases.
11. To ensure that acquired products classified as MEDICAL DEVICES are obtained, used and disposed exclusively by professionals in the healthcare sector and under their responsibility, exempting EUROCLINICAL from any liability due to misuse, misapplication, or any other cause. Also, Users who purchase one of these products will accept their obligations under RD 1591 / 2009, especially those relating to the market surveillance and traceability of medical products.
d. Disclaimer of Euroclinical.es
Products that are shown on our website are according to the Spanish laws and it may not be possible to recourse to EUROCLINICAL claiming its responsibility in the case of products that do not comply with the legislation of the countries to which our products might have been sent according to the customer's order. It will be the responsability of customers outside of Spain to check that the requested products can be imported or used in their countries.
Euroclinical.com has no obligation to control the absence of viruses or other malignant computer elements whenever the user accesses the website. The user must have all the appropriate tools in order to detect and disinfect harmful computer programs.
Euroclinical.com ("Web site") is not responsible or (i) of the damages that may have taken place on the software or users’ computer equipment or third parties’ computer equipment during the use of Web site’s services, or (ii) damages on the User, that may cause faults or disconnections in telecommunications networks that eventually produce the suspension, cancellation or interruption of the website’s services.
Although we strive to provide accurate information and with no typographical errors on our website, if an error occurs, we will proceed to its immediate correction.
If the error is found in the price of a product and a customer purchased it based on this error, we will communicate this mistake and the customer will have the right to cancel the operation without having to pay for anything.
Also, there is the chance that sometimes, provisional information about certain articles might be displayed on the website. If information doesn’t correspond to the product’s characteristics, then the customer has the right of not buying the product without having additional charges for it.
V.- INDUSTRIAL AND INTELLECTUAL PROPERTY
The website’s content: texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are intellectual property of Euroclinical.com ("website"), there is no case in which the licenses can be transferred to the User and there is no total or partial transmission or quitting of the exploitation rights.
Euroclinical.com ("Web site") also owns the brands, commercial names and distinctive signs. The Access to the website doesn’t attribute any right over them.
If a User or a third party considers that their rights have been violated due to an specific content that has been included on the website, He must send a written notification of this event to EUROCLINICAL.
By accepting these General Conditions, the User gives euroclinical.com, free and exclusive exploitation rights over the comments and opinions that the he might publish. This is made for the world territory, with no limitations, and for the maximum period of duration that is expected by the current law on intellectual property. In addition, euroclinical.com will have the possibility to exploit the rights of reproduction, transformation, distribution and public communication of the comments and opinions mentioned, in the more extensive way recognized by the law.
And about the comments and opinions, the User declares that he has the rights of intellectual property and agrees to assume any responsibility - which includes compensation for damages-, that a third party may exercise against euroclinical.com in the case of considering that their rights might have been violated by actions derived from the obligations that the User acquires with these General Conditions.
VI. PRIVACY AND PERSONAL DATA PROTECTION
According to the Organic Law 15/1999 of December 13, of Protection of Personal Nature Data, and according to the Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce Services, we indicate the User that all the personal data provided by the him through the site www.euroclinical.com will be incorporated in the file "Customers" of EUROCLINICAL SERVICES AND SOLUTIONS SL, with CIF B-66475021 and established for notifications effects in Paseo Tramuntana 61, 08860 Castelldefels, owns.
According to the current legislation, EUROCLINICAL SERVICES AND SOLUTIONS S.L., has registered its files in the “Spanish Data Protection Agency” and according to it, has adopted all the technical and organizational measures that are required for the company’s adaptation in the field of protection of Personal nature Data, all in accordance to the provisions of the Royal Decree 1720 / 2007 of December 21.
Although the User has no obligation to provide personal information when he visits the website, there is the possibility that he will be requested to give personal data by using forms. These information will be used only to respond his request, for its shipping and to send further information about our company and services, because at the time they send us the form, he explicitly accepts these conditions.
In the case of Medical Devices, and according to RD (Royal Decree )1591 / 2009 EUROCLINICAL will keep all the data necessary to ensure traceability of medical products and to be able to act, as forced by the law, on market surveillance issues. The user accepts while buying such products that his data can not be disposed after the sending of medical devices in accordance with these RD1591-2009.
The opposition to provide these data will assume the impossibility to access to the service that was requesting this information. If the user provides his data via e-mail, this will be part of the file “Customers”, the purpose of which will be managing the request or comment he made us. The ends that were previously indicated will be applied.
If the user doesn´t want to receive our information, he can request the decline of this service via email to email@example.com.
a. Exercise of the User´s rights
The user can exercise his rights of access, cancellation, modification to the processing of personal data, laid down in the Organic Law of Data Protection, through a written communication and providing a copy of his identification document to EUROCLINICAL SERVICES AND SOLUTIONS SL, established for notification effects in Paseo Tramuntana No. 61, 08860 Castelldefels. Only the necessary data will be excluded according to RD1591/2009 in the case of Medical Devices in which are necessary to ensure the required traceability provided by in the Law.
EUROCLINICAL reserves the right to make any necessary modifications in order to adapt the policy to the legislative or jurisprudential developments that may arise, as well as to industry’s practices. When it happens, EUROCLINICAL is committed to announce the changes on the website, which shall be effective from the moment they are published online.
Eventually, the Website uses small data files that are known as "cookies", which are generated in the user's computer and are used to register their preferences. They can be also used to obtain anonymous information of how a web site can be used (for example, from which web site the user had logged in in ours).
EUROCLINICAL uses the essential and fundamental "cookies" for the user’s comfort, and security. EUROCLINICAL, on the other hand, has no control over the "cookies" that are linked to social networks that may exist on the website.
The "cookies’ duration is generally limited in time and makes impossible for EUROCLINICAL or third parties to obtain any of the user’s personal information, unless he provides it and authorizes its use. The user’s private information can only be part of the "cookies" file if it’s the user who provides the server with this information.
For more information on our "cookies", see the cookies policy of EUROCLINICAL on our web site.
VIII.-GENERAL SALES CONDITIONS:
a. The Entrepreneur
EUROCLINICAL SERVICES AND SOLUTIONS SL, Spanish company, established for notification effects in Paseo Tramuntana No. 61, 08860, Castelldefels, with CIF B-66475021, email firstname.lastname@example.org and registered in the “Public Registry of Commerce of Barcelona” in Volume 44682, Sheet 86, page B-463386, is the entrepreneur.
b.The availability of products
The products offered by EUROCLINICAL are valid when the products are visible on the website and with the limits of Stock available.
If the product is not available, the period of availability is between 10 to 15 labor days (of the working calendar of Barcelona) approximately.
If a product is not available promptly or there is a rupture in Stock, EUROCLINICAL would contact the User in order to communicate a new delivery period or to proceed to the cancellation of the order.
The user has no right to demand any compensation when there is a delay in delivery regarding the deadlines indicated.
c. The orders
The orders can be placed using any of the following options:
- By phone, calling 902-727-400.
- Consulting our Onlinecatalogue
- By sending an email to email@example.com
- Sending a postal letter to: EUROCLINICAL SERVICES AND SOLUTIONS SL, Paseo Tramuntana No. 61, 08860 Castelldefels
Products will be sent to the address specified by the Customer, the bill regarding the transaction will be attached and also sent via email.
d. The price of products
The prices will be the ones that consist on the company's Web site and catalogs. They do not include VAT, although it will be presented before the end of the purchase process, and will be charged on the invoice
e. The payment
The forms of payment that can be choosen by the user, not involving any additional charge, will be:
- Bank transfer in advance
- Credit or debit card (VISA, VISA Electron, MASTERCARD)
f. The shipment
The purchase will be sent via ground transportation, being the term of delivery, from the output from our warehouse, from 2-3 days (working days), and at the address indicated by the customer.
The present sale´s conditions are valid for Peninsula and Balearic Islands. (Excludes purchases in Canary Islands, Ceuta and Melilla were trade conditions will be different and must be requested via email to first ask for a purchase budget)
Anomalies or damages that may arise in the purchase must be notified within a period up to 24 hours, so we insist that the users must check the goods immediately after they were received.
g. Shipping costs.
Shipping costs will be added in the order before the purchase process ends.
The user can have the option of hiring separately a "transportation all-risk insurance" for the shipment of a particular order.
For purchases outside of the European Union, a pre-shipment budget must be ordered to make the purchase online.
h. Right of Withdrawal.
Due to the fact that is has to do with the use of professional Medical Devices (products), the products that were returned will be analyzed during the first 10 days from its reception. After the fourteen days of term legally established passed, products to be returned would only be accepted if they are previously approved by our company. Otherwise, they will be denied and sent again.
On the other hand, returns that had been originated by our responsibility will be paid back completely and EUROCLINICAL will also take care of the expenses generated.
i. Terms of Sale
The audience to which the products on our website are intended are only professionals in the healthcare sector. EUROCLINICAL disclaims all liability that may derive if this issue is not accomplished. In particular, the User /Customer assumes with the Act of purchasing its obligations under RD1591/2009 that regulates Medical Devices, especially those related to compulsory traceability and market surveillance.
EUROCLINICAL SERVICES AND SOLUTIONS SL reserves the right to both add and delete products or services that are included in this catalogue, refusing any responsibility that might derive from errors that may appear on the Web site and reserving the right to correct them.
The products that we offer have the quality and characteristics, which are described and have the guarantee that the Law sets for them. If the User has any questions, doubts or wish to complain, once acquired the product, he should notify EUROCLINICAL, by any of the contact forms described before.
However, EUROCLINICAL will proceed to the repairing, replacement, or resolution of the
contract, respectively, in case the product is defective. This will have no cost for the User.
IX.- APPLICABLE LAW
Disputes that may arise due to the interpretation or performance of these General Terms and Conditions, shall be interpreted on the basis of the Spanish Law. Also, for the resolution of any dispute, the parties, with express waiver of any other jurisdiction that could correspond to them, expressly submit to the Courts and Tribunals of the city of Barcelona, except in the case that the User may act as a consumer and exclusively if the relationship is related to products that are NOT classified as medical devices, in such case the competent courts shall be those corresponding to the user’s address.
The present General Terms and Conditions are updated on March 1, 2016.