Terms and Conditions - PromoFarma.com

Terms and Conditions

1. IDENTIFICATION

Account holder: PromoFarma Ecom, S.L. (hereinafter, “PromoFarma.com”)
Registered address: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
Corporate Tax ID No.: B65130122
Public Register: Registered in the Mercantile Registry of Barcelona, in Volume 40.021, Folio 13, Section 8, Sheet number B-310.366, Entry 1
Telephone: +34 902 930 918
Fax: +34 93 368 95 90
E-mail: clientes@promofarma.com

2. PURPOSE

PromoFarma.com is a website owned by PromoFarma Ecom, S.L. on which users are offered a wide range of pharmaceutical, beauty and cosmetic products through exclusive promotions for a set period, subject to various specific conditions as set out in the present document.

Similarly, pharmacies that so wish may have a microsite or private corner from which they can directly market and/or promote their products and/or services, in accordance with the provisions of the specific conditions set out in the present document.
 Any matter that is not expressly set out in the present conditions shall be understood as subject to the discretion of PromoFarma.com, without prejudice to the application of the provisions of current legislation.

PromoFarma.com reserves the right to modify and/or update the present conditions after having informed its customers, so they may accept the changes or reject them if they are substantial.

When the user clicks the corresponding box in the process, they accept the present Terms and Conditions, with both parties declaring and acknowledging their legal capacity and capacity to act, that the user is of legal age (>18 years), and that the user has previously read and understood the content hereof.

All communications from PromoFarma.com to the end customer, including the sending of vouchers issued by our platform and essential communications for receiving purchased products, shall be sent electronically.

3. OPERATING CONDITIONS OF PROMOFARMA.COM.
3.1. MARKETED PRODUCTS AND/OR SERVICES

The platform Promofarma.com offers its users the marketplace service, which allows them to access the corners or microsites of different pharmacies, where they can purchase the pharmaceutical products and/or services promoted and/or marketed by the latter via any of the available methods.
Under no circumstances shall PromoFarma.com promote and/or market medicines, as this is an activity which, under current regulations, may only be carried out by pharmacies.

3.1.1. REPLACEMENT GLASSES AND CONTACT LENSES
  1. The platform PromoFarma.com offers its users the possibility of purchasing replacement glasses and contact lenses from the corners or microsites of the different pharmacies. When purchasing glasses or contact lenses, the customer confirms that these have been prescribed by an optometrist or ophthalmologist, who they visit at least once a year for an eye test. The strength that the user enters in their purchase must be that prescribed by the optometrist or ophthalmologist. Entering a strength other than that stated on the prescription and the resulting possible damage to eye health or general health is the exclusive responsibility of the user. The pharmacies simply sell the contact lenses or glasses in accordance with the orders received from the user and which are assumed to be valid. Therefore, the user is advised to have their current eye prescription in front of them when they place their order. PromoFarma and the pharmacies shall not be liable for any eventual errors in the prescription given to the user by the optometrist or ophthalmologist, nor for any resulting health problems caused by said error and the use of glasses or contact lenses purchased on www.promofarma.es. The pharmacy shall not perform any prior check-up or assessment of the user’s sight, rather it shall exclusively sell the replacement glasses or contact lenses based on the strength established by the optometrist or ophthalmologist, copied by the user into the order.
  2. Especially in the case of contact lenses, the customer undertakes to purchase contact lenses that have already been tested and adapted by an eye doctor, with PromoFarma and the pharmacy released of any liability for possible resulting health problems. If the user has changed to a different brand of contact lens, their optometrist or ophthalmologist must verify its suitability. Contact lenses require special care, and the care and cleaning instructions given by the user’s optometrist or ophthalmologist or the instructions given in the product information must be followed. The correct use and handling of contact lenses is the exclusive responsibility of the user.
  3. PromoFarma and the pharmacy do not act via the website www.promofarma.com as eye specialists, and therefore do not give professional advice on eye problems or symptoms commented by the user, whether before or after the use of the purchased products, whether contact lenses, glasses or other products such as contact lens solution. In such cases, where there are symptoms such as discomfort, watering or red eyes, altered vision, eye pain, headache or irritation, the customer is advised to consult their optometrist or ophthalmologist and temporarily suspend use of the contact lenses, glasses or other eye products. PromoFarma and the pharmacy shall bear no responsibility for lack of adaptation to the glasses or contact lenses bought by the user.
  4. PromoFarma and the pharmacy expressly advise the glasses and contact lens user to have an eye test once a year with an optometrist or ophthalmologist.
  5. The cancellation and return policy and the guarantee set out in these conditions applies to purchases of glasses and contact lenses. Specifically, packets of contact lenses that have been unsealed, opened, used or handled may not be returned. As regards glasses, they may only be returned if they are in a perfect condition, without scratches or changes to the frame, with the original lenses, in the original packaging and with all the accessories, including the case and cloth, if applicable.
3.2. PURCHASING PROCEDURE

All users who wish to purchase a product or service via the pharmacy microsite or corner must follow this procedure:

  1. Once the customer has accessed the website, they should select the products they wish to purchase, paying careful attention to the description, characteristics, conditions, delivery period and type, and final price before proceeding with the purchase.
  2. The customer should then start the electronic purchase process by adding the product to the shopping cart, clicking the “Add to cart” button and then the “Proceed to checkout” button.
  3. The platform will then compare the prices in its database, comparing more than 350 points of sale to offer the user the best options based on the selected items and their location.
  4. Once the “best shopping cart” option has been identified, the user will be able to see a breakdown of their order showing the delivery costs and the origin of each of the products in their shopping cart.
  5. In order to personalise the purchase and have all the relevant information to deliver the products, the customer must be registered on the platform. To register, all the customer needs to do is enter their accurate and true details in the form they are shown.
  6. Lastly, the customer then just needs to choose the desired payment method (PayPal or credit or debit card). At no time will we have access to their bank details, as these are processed directly by the corresponding bank in our payment gateway.
  7. The customer will automatically receive a confirmation e-mail from PromoFarma.com with details of the purchase made and all its characteristics, although all the order information will also be available in the customer’s user area on www.promofarma.com, which they can access by entering their e-mail address and password. If the customer does not receive a confirmation e-mail, they should check their spam folder.

If, in a single purchase process, the end customer selects products included in specific offers and/or promotions together with products from the permanent catalogue published by the pharmacies, the system will automatically offer the cheapest delivery or collection option, or in any case an option that offers savings for the end customer.

For all purposes, the sale transaction will be understood as completed the moment the effectively purchased products are delivered to the address given by the user.

3.3. PRODUCT DELIVERY PROCEDURE

The products purchased by the customer from the pharmacy microsite or corner will be delivered to the address given by the user on the relevant form during the purchasing process.

Home delivery is available for addresses within the Spanish mainland, the Balearic Islands and Portugal, but is not available for the Canary Islands, Ceuta or Melilla.
The different delivery options are described below.

3.3.1. DELIVERIES TO SPAIN

Once the purchase order has been confirmed, the seller will proceed to prepare the order and deliver it to the Courier. The user will receive their order at the address indicated in the purchase process.

Home delivery is subject to certain delivery costs which may be charged to the user depending on the cost of the order.

The information regarding the delivery date and the time before which the order must be placed to guarantee delivery by said date will be clearly displayed to the user on the website. In all cases, PromoFarma will make every effort to deliver the products by the date indicated. However, in the event of exceptional circumstances or force majeure beyond the control of PromoFarma that prevents the products from being supplied within the period indicated, to the extent allowed by the applicable legislation, PromoFarma will not be able to guarantee delivery within the indicated period, especially if the user resides in a location that is hard to access or with a high level of risk. Notwithstanding, PromoFarma shall, in all cases, make every effort to deliver the products within the period indicated. Unless indicated otherwise on the website, users who choose this type of delivery shall not have to pay any additional cost.

In the event that a customer purchases several products from the same pharmacy, PromoFarma shall deliver all the products purchased on the date agreed for the products with the longest delivery period.

Regardless of the delivery option selected, the returns policy shall be the same in each case, as described in the present Terms and Conditions.

3.3.2. INTERNATIONAL DELIVERIES

PromoFarma allows purchases to be made from any country in or outside the European Union, with the products sent by PromoFarma via the normal delivery agencies. However, there are certain countries from which it is not possible to make purchases and to which PromoFarma shall not send deliveries, although this shall always be indicated by PromoFarma before proceeding with the purchase process.

In any case, and before completing the purchase, PromoFarma will inform the customer of the estimated delivery period for the order and the total delivery cost, although both of these may be subject to changes depending on the delivery address and particular circumstances related to the delivery.

Under no circumstances shall PromoFarma be liable for any customs charges that may apply or the delivery being detained by customs in the destination country due to its contents being subject to restrictions in said country, and it shall be the responsibility of the end user, before making the purchase, to check that the purchased products comply with all the local legal requirements and to ascertain the customs charges that must be paid to receive the product.

3.4. MARKETPLACE OFFERS AND PROMOTIONS

Via their corners or microsites in the marketplace, the pharmacies may launch their own offers, which will have a specific duration and which will be subject in all cases to the requirements, time limits or limited availability expressly indicated in each specific offer.

When the user purchases a product promoted by one of the pharmacies, a voucher will be generated that may only be exchanged in person at the pharmacy that has launched the offer. For offers and promotions launched via a pharmacy’s microsite or corner, it will not be possible to select the option of home delivery or to select a pharmacy other than the one that has launched the offer.

To collect their order, the user must visit the pharmacy and show the voucher for the purchase of the product on special offer, so that the pharmacy may validate it via the relevant system and hand over the order. This voucher will be sent by e-mail and may be downloaded from the user’s private area on PromoFarma.com. The voucher may be either printed out or presented in digital format on a device (mobile, tablet, laptop, etc.) that allows it to be clearly viewed.

The user must check that the voucher is in good condition before attempting to exchange it at the pharmacy, as any vouchers that show signs of tampering or damage, or whose content is illegible, especially the code, may not be accepted.

4. USER REGISTRATION

Regardless of whether or not you are a customer of PromoFarma.com, you may register as a user of our platform in order to receive regular information on new campaigns and promotions for products we are going to market, competitions and information of interest.

User registration is completely free of charge and can be carried out online, via the link http://www.promofarma.com/signup. You must enter all the true and accurate data that is requested as they will be necessary to process any orders you may place in the future.

In addition, it is also possible to register as a user via our official Facebook page, http://www.facebook.com/promofarma, or via sign-up campaigns carried out by other websites that are officially authorised to register new users.

Under no circumstances shall PromoFarma.com bear any responsibility for the truthfulness of the registration data provided by the end users, and as such, each end user is responsible for the possible consequences, errors or faults that may result from incorrect data.

4.1. USER REGISTRATION REQUIREMENTS

As indicated in the Conditions of Use, each registered user account is personal and non-transferable, with registration limited to natural persons and not, under any circumstances, permitted for companies.

Only natural persons may purchase products on PromoFarma.com and not, under any circumstances, companies and/or professionals that wish to market said products over other sales channels. Such parties must purchase the products directly over the usual distribution channels.

In this regard, under no circumstances will user registrations be accepted from people who are partners, directors or members of staff of the pharmacies or any person directly or indirectly related with the latter up to and including the second degree of kinship.

Under no circumstances may a user account be shared between different people, and PromoFarma.com shall delete any such account as soon as it is detected.

In all cases, registered users must be aged over 18 years.

4.2. CANCELLATION OF USER REGISTRATION

Users may cancel their registration whenever they wish by writing to baja@promofarma.com, indicating their username and the specific service from which they wish to cancel their registration. Users may also opt out of receiving our e-mail notifications by writing to the same e-mail address or via the link indicated for this purpose in all our e-mails. The process for opting out of receiving notifications can take 48-72 hours.

In any case, after cancelling their registration, the user may register once again as a customer, although PromoFarma.com reserves the right to refuse registration in the specific cases specified in the “Non-authorised use” clause or in the event of conflict or dispute between the parties, either ongoing or with a ruling of guilt or negligence on the part of the customer and/or injury to PromoFarma.com, its employees and partners or its users, customers or potential customers.

5. DISTANCE CONTRACTS

Pursuant to the provisions of Article 23 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, contracts entered into by electronic means shall be valid for the purposes provided by law, when there is consent and the other requirements for its validity concur.

In all cases, the electronic document setting out the present terms and conditions for distance contracts shall be admitted as documentary proof in the event of any dispute between the parties.

For this purpose, it shall be understood that by proceeding with the registration process and, where applicable, making the relevant payment, the user gives the necessary consent for contracting.

Similarly, and pursuant to the provisions of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, prior to the contracting process, users are provided with all the information regarding said process, which shall only apply in the event that the user decides to make an online purchase via PromoFarma.com.

5.1. PRIOR INFORMATION

The present terms and conditions are freely available free of charge to all PromoFarma.com users via the link https://www.promofarma.com/legal/contract.

Access to the purchasing process is completely free of charge and involves no additional costs, apart from those associated with the user’s Internet connection.

All the products marketed are fully described in the product information sheets made available to customers, although the information provided shall not include those details not described on the information sheets.

PromoFarma.com, as a provider of Information Society services, shall file the electronic document in which the present contract is formalised. The user will be provided with a link via which they may access, download and print said electronic document, which includes the present conditions.

PromoFarma.com will introduce suitable and sufficient technical means to identify and correct technical errors in the management of the information under its responsibility.

Unless otherwise indicated, the language used to process and formalise the present contract shall be Spanish.

5.2. TELEPHONE SALES

For this type of sale, which can only be used for purchases made from Spain, the user must search for the offer they are interested in. Once they have chosen the product they want, they may purchase it by calling the telephone number +34 902 930 918, from 8 a.m. to 8 p.m., Monday to Friday. If the user requires assistance in choosing a product, the operator may recommend certain products based on the wishes and specifications indicated by the user and in accordance with the specific product information and instructions as provided by the relevant manufacturer or pharmacist and published on the PromoFarma website. However, the user is informed that under no circumstances shall the operator provide medical or pharmaceutical advice.

To make their purchase, the user must clearly confirm to the operator the specific products they wish to purchase and provide the details they are asked for, including their payment details, in order to correctly complete the purchase. During this process, the user will give their consent to the creation of a user account on PromoFarma and the inclusion of all their personal details provided over the telephone.

Once this process has been completed, PromoFarma shall process the order and send the user a purchase confirmation before proceeding to send the products within the periods indicated on the website or by telephone.

5.3. LIMITATIONS ON SALES

All our campaigns are launched for a specific period of time that may be reduced if all the available stock is sold, which will then be indicated by PromoFarma.com.

If the sale of the product is subject to any type of limitation, either in terms of the period or the availability of product units, said limitation will be duly notified in the specific product description so that the user is fully aware of it before proceeding with the product purchase.

The customer may purchase any of the products marketed via PromoFarma.com and the marketplace at any time as long as, in the case of products subject to any type of limitation, the promotion in question has not yet ended or stocks have not run out and this has been notified on the platform. If a purchase process is not completed before the time when a campaign ends, PromoFarma.com reserves the right to cancel the purchase due to it being placed outside the campaign period.

If PromoFarma becomes aware that a certain product cannot be marketed in a specific country, it shall not allow the product to be purchased from or sent to said country. However, PromoFarma only guarantees this control if the product is purchased and sent within Spain.

5.4. FINANCIAL TERMS

The prices of the products sold are shown next to the description of each one, and in all cases are given in Euro (€) as the official currency of Spain.

5.4.1. PRICES

All the prices of the products are included together with the product description and are publicly accessible without the need to register as a user.

All the prices shown are the full price, including the value added tax (VAT) applicable in Spain at the time the purchase is made, although the user will be shown a breakdown of the product price at all times.

The user is informed of and accepts the use of a consolidation algorithm included in PromoFarma.com which may result in a reduction in the final product price, although the price of some of the products purchased by the user may be higher than that selected during the purchasing process. However, in all cases the price difference will be shown before the purchasing process is completed and therefore before the user proceeds to make any payment.

In the case of offers and promotions, whether made by PromoFarma.com or the pharmacies via the marketplace, the prices shown for each product are the prices under which each product is marketed for each specific promotion, with each promotion taken on an individual basis, and PromoFarma.com cannot guarantee that the prices shown shall also apply to any other similar promotion launched at a different time by different pharmacies via their respective corners or microsites.

5.4.2. PAYMENT AND INVOICING

Once the user has completed their order and made the corresponding payment via any of the payment methods accepted on PromoFarma.com, the platform will send the end customer an e-mail detailing all the information on the purchased products, the unit price, the applicable taxes, the total price of the purchase and the delivery address.

In all cases, the payments made over the Internet shall be processed by the platform provided by an external banking institution, which shall always be hosted on a website under SSL protocol. This can be checked by confirming that the address of the website over which the payment is going to be made begins with https://.

The marketplace offers the user the possibility of securely storing all their payment details so that these need only be entered for the first purchase, allowing them to make subsequent purchases by simply confirming their identity. To guarantee that the marketplace does not have access to the customer’s payment details and to guarantee the absolute security and confidentiality of this information, the secure payment platform provided by the company Adyen is used (https://www.adyen.com), which makes it possible, with total and absolute security, to store the details of the card used to make the payment so that future purchases are much quicker and simpler, with the user only required to enter the last four digits of their card and the type of card for each purchase.

In any case, the purchase will only be confirmed when PromoFarma.com has received confirmation of payment from the bank that owns the payment gateway. If, for any reason, the purchase is rejected by the bank or the full order price is not paid (including any additional bank transfer fees and handling charges), the purchase will be put on hold and the end customer will be informed that it has not been completed.

Lastly, in the user’s private area they are able to see all their purchases made to date. Furthermore, the user may request an invoice of the purchases made by writing to us at the e-mail address clientes@promofarma.com, stating their national ID number or passport number. This will allow us to access the user’s account to obtain all the invoicing details.

By accepting these conditions, the user gives their express consent to receiving the invoice in electronic format. Once the user has requested the invoice, PromFarma.com will send the electronic invoice within a period of five days to the e-mail address related to the user’s account. If the customer wishes to receive a hard copy of the invoice, they may contact PromoFarma.com and indicate the postal address to which the invoice should be sent.

In accordance with current legislation, we inform you that we cannot make subsequent changes to the invoices for confirmed sales. As such, the invoice shall be issued in the name of the person from whose account the order was effectively placed, and therefore the customer should ensure they place the order in the correct name. It will not be possible to issue duplicate invoices to be sent to third parties or issue invoices after the guarantee period has expired.

5.5. RECOMMENDATIONS TO FRIENDS

PromoFarma.com allows registered users to invite their family and friends to subscribe to or register with PromoFarma.com, completely free of charge. However, mass or indiscriminate sign-up campaigns, for example via Internet adverts, in magazines or any other type of media, are strictly prohibited.

For each of your friends or family that you bring to Promofarma.com and who makes a first purchase, PromoFarma.com may, at its sole discretion and with no obligation to do so, credit your account with a gift voucher. Gift vouchers for bringing new members may be used to obtain discounts on subsequent purchases if the user selects them during the purchase process.

The use of gift vouchers may be subject to minimum purchases or other restrictions. The user will be informed at all times in their private user area of any such restrictions or minimum purchase amounts, which will vary depending on the type of gift voucher.

PromoFarma.com reserves the right to cancel gift vouchers at its sole discretion and without the need to give prior warning if it detects fraudulent or inappropriate use of the same. Fraudulent or inappropriate use shall be considered, among other things, as sending invitations between the e-mail accounts of the same person with the purpose of benefiting from gift vouchers.

Furthermore, PromoFarma.com reserves the right to send gift vouchers to the new members for the amount and subject to the conditions notified at any time via the platform. The user will be informed at all times in their private user area and during the purchasing process of any minimum purchase amounts or other restrictions that may apply to these gift vouchers and which will vary depending on the type of gift voucher.

When a registered user invites a friend or family member to PromoFarma.com, the registered user themselves shall be responsible for any liability that may arise from said invitation. Any user who provides personal details shall be responsible for the truthfulness of the details provided, with PromoFarma.com bearing no liability as it is the registered users themselves who send the invitations. Users have the option of sending invitations directly to their contacts via four channels, exclusively under their own responsibility: e-mail, Facebook account, Twitter account or by sending a link to the registration form available in the “Invite and save” section. Therefore, users who provide the e-mail address or other details of a third party must have previously informed said party and requested their consent with these terms and conditions before entering the details.

In accordance with Law 15/1999 on Personal Data Protection, we inform you that all the e-mail addresses provided by the registered user will be processed with the strictest confidentiality, only for the purpose of sending an e-mail invitation for registration on the website, and shall not be incorporated into the files of PromoFarma.com before receiving consent from the parties in question via their registration as a user of the website. As such, in the event that invitation e-mails are resent, this will be due to the actions or express request of the user extending the invitation.

5.6. RECOMMENDATION OF OFFERS

PromoFarma.com allows its registered users to share offers via e-mail and social networks.

The user must have purchased the offer to be able to recommend it. Once the product has been purchased, a special link for this purpose will be shown both in the offer and in the “My Purchases” section. The user may only share current offers that they have purchased and that belong to the same promotion.

The third parties who receive the offers from the user can purchase the product by clicking on the link provided. When at least three people who have received the offer from the user have purchased the product as indicated in the previous paragraph, the user will be given a gift voucher for the value of the offer they have shared. The user can access their gift voucher in “My Account”, “My Gift Vouchers”.

5.7. PROMOFARMA.COM GIFT VOUCHERS AND PROMOTIONAL CODES

PromoFarma.com reserves the right to send gift vouchers and/or promotional or discount codes to its users as it deems appropriate. The user will be informed at all times in their private user area of any minimum purchase amounts or other restrictions that may apply to these and which will vary depending on the type of gift voucher or promotional code.

Once the promotional code has been entered into the field provided for this purpose, it will be turned into a gift voucher within the customer’s private area and will have the same characteristics as previously mentioned in these conditions.

In all cases, and unless indicated otherwise in the customer’s private area, all gift vouchers or promotional codes may only be used once and cannot be exchanged for cash. In this regard, we inform you that if the entire amount of the gift voucher is not spent, the unspent amount shall not be valid for future purchases. We therefore recommend using gift vouchers for purchases with an equal or higher value to that of the voucher.

PromoFarma.com may launch occasional promotions aimed at regulating the allocation of gift vouchers to those users who make a certain purchase. Once the user has made the purchase in question, if the gift voucher does not appear in their account due to a technical error, PromoFarma.com will only assign the corresponding gift voucher if it is notified of the incident by the user. Once it has received such notification and before effectively assigning the gift voucher, PromoFarma.com will have to check compliance with the specific conditions of the promotion, the intention to purchase and that the purchase has not been cancelled. However, those notifications that are received or processed by PromoFarma.com after the gift voucher in question has expired will be considered as failing to comply with the conditions of the promotion and, as such, the user will not be assigned a gift voucher.

5.7.1. PROMOFARMA.COM GIFT CARDS

PromoFarma offers its customers the option of purchasing gift cards on its website www.promofarma.com. PromoFarma gift cards may only be used to purchase products available on PromoFarma.com. These cards are non-transferable and cannot be exchanged for cash. PromoFarma.com shall not be responsible for the loss, theft, destruction or unauthorised use of gift cards.

The cards will expire 10 years after their date of purchase. The use of gift cards may be subject to minimum purchase amounts or other restrictions, which will always be notified at the time of purchase.

Once the gift card code has been entered into the field provided for this purpose, it will be turned into a gift voucher within the customer’s private area and will have the same characteristics as previously mentioned in these conditions.

If the entire amount of the gift voucher is not spent, the unspent amount shall not be valid for future purchases. We therefore recommend using gift vouchers for purchases with an equal or higher value to that of the voucher.

In the event that the user decides to cancel a purchase for which they had used their gift card to pay for the total cost of the products purchased, Promofarma.com will refund the amount to the user’s account in the form of a gift voucher. In the event that the user decides to cancel a purchase for which they had used their gift card to pay part of the cost of the products purchased, PromoFarma.com will refund the amount paid with the gift card to the user’s account in the form of a gift voucher.

6. GUARANTEES AND RIGHT OF WITHDRAWAL
6.1. GUARANTEES

PromoFarma.com, and the pharmacies as regards their own corners or microsites in the marketplace, guarantee that all the products offered are original brand products with the manufacturer’s guarantee, without any defects and subject to the legally required guarantee periods.

OTC pharmacy products (medicinal products that are not considered to be medicines), cosmetic, food and beauty products are perishable and consumable products and therefore their guarantees shall not be valid if they have been partly consumed or if, as provided by law for consumable goods they have a money-back guarantee, they are past their best-before date. Therefore, once collected from the pharmacy or, in the case of marketplace products, once delivered to the customer’s address, products may only be returned if they have any manufacturing defects or defects not caused by the end customer and they have not been opened.

All other products marketed via PromoFarma.com are subject to a legally established minimum guarantee period in accordance with the characteristics of the product.

However, given the characteristics of the commercial products, customers must be aware that these, as they are mainly cosmetic, food and OTC products, each have their own expiry and best-before dates, although it is guaranteed in all cases that, at the time the products are marketed, they have a sufficiently long best-before date for consumption.

In the event that the marketed product has any faults, we request that the customer immediately contacts the customer care service at Promofarma.com to find out how to return the product. As soon as the product defects are confirmed, they shall either be corrected, the product replaced, or a percentage or full refund given, as appropriate in each case. Under no circumstances shall this involve any cost to the customer.

To claim the guarantee, the consumer may contact either the seller or the product manufacturer within a certain period, generally two years from the delivery of the product, and always in accordance with the conditions and limitations envisaged in the applicable legislation. If the defect or non-conformity appears more than six months after delivery of the product, the customer must prove to the manufacturer or seller that the fault, defect or non-conformity was already present when the product was delivered.

In the case of non-conformity of the product received, the customer is obliged to inform the seller within a period of two months from becoming aware of the problem.

If a product is non-compliant, the customer may choose to have the product replaced or repaired free of charge.

To file their claim and begin to process the incident, the customer must send an e-mail to the address clientes@promofarma.com describing the incident, and they will be given instructions regarding how to proceed.

6.2. RIGHT OF WITHDRAWAL

Pursuant to the provisions of Royal Legislative Decree 1/2007 of 16 November which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complimentary laws, users are informed of the following:

All users may exercise their right of withdrawal within a maximum period of 14 calendar days from the moment they receive the product. They must exercise this right directly with PromoFarma.com and under no circumstances with the pharmacy. In those cases in which several products have been purchased using the same voucher, if the customer wishes to exercise this right, PromoFarma.com shall refund the customer the amounts paid for those products under which they have exercised their right of withdrawal.

If a customer wishes to exercise their right of withdrawal for any purchase, they must, in all cases, proceed as follows:

  1. The user must inform PromoFarma.com that they wish to exercise their right of withdrawal via any of the customer care channels, by writing to clientes@promofarma.com, or by using the right of withdrawal form that can be found at the following link: Right of withdrawal form, or, if they prefer, by sending any other unequivocal statement to the effect that they wish to exercise their right of withdrawal. Once this has been received, PromoFarma will inform the user of how to return the product, including prior to the start of the purchasing process as described in these terms and conditions.
  2. The product or service may be returned directly to the pharmacy where it was collected and/or marketed, informing PromoFarma.com of this via e-mail. The user shall be responsible for the direct costs of returning the product or service. Similarly, any possible damage or wear to the product during transportation and the resulting liability shall fall to the user.
  3. In the case of sealed products that cannot normally be returned for reasons of health or hygiene, the user must send back the product duly packaged, with the seal unbroken and without any obvious signs of having been opened, used and/or tampered with. Once the product has been received, if any type of tampering, blemish or sign is detected that points to the product in question having been tampered with, opened, modified or altered, or to there being a risk of this, the product in question shall be immediately returned to the end customer as a COD delivery, with the customer paying the delivery costs. In this regard, returns will be accepted for all those products that are intact and show no sign of tampering of the protective film covering the box or packaging.
  4. In the case of products that must be opened and used to check that they work properly, for returns to be accepted, Promofarma.com requires that the product be returned in perfect condition with all its parts and packaging. Returns that do not meet these conditions shall not be processed. The user is also informed that if the product is not returned in its original packaging, it may not be possible to give a full refund.
  5. Once the request to exercise the right of withdrawal has been received, the system will send out an e-mail confirming receipt. The system will then proceed to refund the amount paid (including, where applicable, the delivery costs and at least the direct costs of returning the product) within a maximum period of 14 calendar days from receipt of the request and of the purchased product, or from receipt by Promofarma.com of proof that the product has been returned. In all cases, the refunded amounts will be paid through the same means as used to make the initial payment, unless the user specifically requests another means of payment, in which case they may incur additional costs.

Similarly, and in accordance with the provisions of current legislation, it will not be possible to exercise the right of withdrawal in those cases in which products have been made to the consumer’s specifications or clearly customised, or for products which, due to their characteristics, cannot be returned or may rapidly deteriorate or go off. Neither will it be possible to exercise the right of withdrawal when the products have already been unsealed and cannot be returned for reasons of health or hygiene.

As stated throughout these Terms and Conditions, PromoFarma is a marketplace, which means that the accuracy of the product availability information depends on the pharmacies that use the website correctly providing said information. Therefore, the user is informed that if they have purchased a product that is not available but have not been expressly informed of this possibility, such erroneous information is the direct responsibility of the corresponding pharmacy. In all cases, PromoFarma presumes that the pharmacies act in good faith and understands that such errors on their part are unintentional.

Notwithstanding the above, in order to guarantee the protection of its users, PromoFarma shall refund the payment made by the customer as soon as possible, although under no circumstances can PromoFarma guarantee that the time taken to process the refund shall be the same as the delivery period. The refund will always be made via the same means used for the initial payment.

The user shall bear all the direct costs of returning the product and particularly the delivery costs incurred in returning it to PromoFarma, which, unless otherwise indicated, shall be three Euro and seventy cents (€3.70) per delivery.

In the event that the user requests to exercise their right of withdrawal, the end customer will be refunded for all the amounts initially paid, including, if applicable, the delivery costs, without any undue delay and in all cases within 14 calendar days from the date on which they requested to exercise their right of withdrawal, and as long as the returned product or proof of dispatch has been received. However, if the user was offered several delivery methods and expressly selected a method other than the cheapest standard delivery, PromoFarma.com shall be entitled not to refund the additional delivery costs.

In the event that the user decides to cancel a purchase for which they have used one or more gift vouchers, or exercises their right to withdrawal for one of the products purchased using the voucher or vouchers, PromoFarma.com will refund the corresponding gift voucher to the user’s account.

6.3. RESPONSIBILITIES OF PROMOFARMA.COM

PromoFarma.com undertakes to ensure that the content, data and information regarding the products or services offered on its website are reliable, truthful and precise, and takes responsibility for the advertised prices and characteristics. Notwithstanding the above, it shall not be liable for any information that has been entered, displayed or modified by third parties not related to the service provider.

The catalogues provided by each of the pharmacies present on the platform are the responsibility of the pharmacies and must comply with the legal regulations in force at any time.

We always try to ensure that the product descriptions are as precise as possible.

PromoFarma.com deals with the sale of vouchers that can be exchanged for the products offered on the platform. All the products offered are covered by the legally established guarantee periods, notwithstanding the fact that they are mainly cosmetic, food and OTC products and are therefore subject to expiry and best-before dates.

In the event that the pharmacies fail to comply with the obligations, PromoFarma.com may give the affected user a €5 gift voucher which may be exchanged for any product on the PromoFarma.com platform.

6.4. CUSTOMER CARE

PromoFarma.com, as the party responsible for the online platform for the marketing and sale of the products, offers its customers and participating pharmacies a customer care service in Spanish, available five days a week from Monday to Friday, 8 a.m. to 8 p.m., via which it handles all queries, complaints and issues raised in relation to the purchase of products using the PromoFarma.com system. The available contact channels are:

  • Telephone: +34 902 930 918*
  • E-mail: clientes@promofarma.com
  • Mailing address: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
  • Via this Contact Form

If a user has a complaint, in order to maintain direct contact with the customer care department, they will be provided with a reference number and will be sent an e-mail to confirm that the complaint is being processed.

PromoFarma.com will respond to complaints as soon as possible and in all cases within one month following their receipt.

*The cost of calls is 15 cents/connection charge and 7.2 cents/min. from landlines (INCLUDING VAT). To find out the rate from a mobile, check with your operator.

7. MEMBER OF CONFIANZA ONLINE

In its efforts to guarantee and strengthen security and trust in the area of online purchases, PromoFarma.com has been a member of the Confianza Online trust mark since 2011, meaning it complies fully with the express obligations of the Code of Conduct published by said organisation.

8. NON-AUTHORISED USE

PromoFarma.com reserves the right to cancel the account of any user or registered customer and to terminate the present contract. It may use this right especially if it detects a breach of any of the contractual obligations set out in these terms and conditions, or if it detects that the website and/or account is being used contrary to the general conditions of use, the website’s privacy policy or any usage generally accepted in the sector.

In particular, any registration as a customer or the placement of orders over PromoFarma.com, regardless of the number of orders or their amount, by people who are members of the pharmacies and/or any person directly related with these up to and including the second degree of kinship, shall be prohibited and considered a breach of these Terms and Conditions.

In this regard, the customer undertakes:

  1. Not to use the platform or any of its parts to carry out time-sharing operations or to establish themselves as a provider of software application services aimed at allowing third-party access to the platform or to any of its parts, via rental transactions, administrative services or any other similar services, sharing these or placing them at the disposal of third parties.
  2. Not to subject the platform or any of its parts to activities that could lead directly or indirectly to the decompiling of its software, involving subjecting it to operations that are contrary to those determined in its original construction or that ultimately constitute or could constitute reverse engineering, disassembly or decompiling operations. None of the sections of the present Terms and Conditions may be understood as authorisation to access the platform’s source code.
  3. Not to publish the platform or use it as an information exchange and management and/or illegal documentation system, contrary to morality or public order, to copyrights and/or industrial property rights.
  4. Not to subject the platform to workloads that are clearly aimed at destabilising it, including denial-of-service attacks (DoS) or similar situations. If this type of situation is detected, the aforementioned level of service shall not be applied as it is considered an emergency situation.
  5. Not to perform acts of reverse engineering, requirements gathering or other activities aimed at developing an identical or similar online platform to that provided by PromoFarma.com, since this activity can be considered as an act of unfair competition and breach of the intellectual and industrial property rights that PromoFarma.com holds for the platform.
  6. Not to translate, adapt, improve, transform or correct the platform or any of its elements or to modify it in any way, and not to incorporate the platform into other own or third-party software or platforms.
  7. Not to remove, delete, alter, tamper with or in any way modify the notes, captions, indications or symbols related to intellectual or industrial property (e.g. copyright, ©, ®, TM, etc.) that PromoFarma.com, as the legitimate holder of the rights, uses to label its property, whether on the platform itself or in the associated material.
  8. To inform PromoFarma.com of any event or situation that may jeopardise the secure access of authorised users.
  9. It is prohibited to provoke faults or search for security gaps in the platform.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

PromoFarma.com is fully dedicated to ensuring protection for intellectual property rights. In light of this, we have established the following conditions:

As indicated in the Conditions of Use, by means of the present Terms and Conditions, PromoFarma.com guarantees that it is the legitimate owner of the platform and the tools used to validate the vouchers sent to the network of collaborating pharmacies, and that it is not involved in any legal disputes prior to the signing of the present contract.

The customer expressly acknowledges that PromoFarma.com holds all rights, ownership and interest over the platform and its related tools, and over its modules, modifications, updates and any element and/or function developed thereon.

For this purpose, this includes, without limitation, acknowledgement of the ownership of PromoFarma.com over all copyrights and intellectual and/or industrial property rights, and that it may exploit the platform without any restriction as regards time, region, advertising media, means of exploitation or any other limitations beyond those established by law regarding the content published therein. Notwithstanding, the logos of all the products marketed are the exclusive property of their respective owners, with PromoFarma.com holding prior authorisation for their use.

The structure, features, codes, working methods, information and information exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that form and/or could form part of the platform, are the exclusive property of PromoFarma.com, and are duly protected by national and international intellectual and/or industrial property laws and may not be subject to any subsequent modification, copying, alteration, reproduction, adaptation or translation by the customer without the express prior consent of PromoFarma.com.

Under no circumstances does the provision of the platform or the mere act of the platform being accessed by the customer imply the transfer of ownership or the granting of a right of use in favour of the user other than that established in the present clause.

For the purpose of allowing the customer to use the platform, which is the exclusive property of PromoFarma.com, by virtue hereof, the latter grants permission for the customer to use the platform, with such permission being: non-exclusive, for a period limited to the term of the present contract, limited in terms of area to being accessible from any device via Internet, non-transferable, revocable and non-sublicensable.

In all cases, any type of reproduction, imitation, transmission, translation, modification, creation of derived works and/or public communication are strictly prohibited, regardless of the means used for the same, and should these actions be committed, the customer or third party shall be understood as the offending party and shall be responsible for any resulting direct or direct liability.

For any aspect not expressly provided for in the present contract, it shall be understood that all rights are reserved in favour of PromoFarma.com and that the written authorisation of the latter is required.

10. RESPONSIBILITIES

The parties undertake to fulfil their legal and contractual obligations under the present contract. If either party fails to comply with any of its obligations or prevents the other party from complying with its own, the other party shall be entitled to claim compensation for the damages caused, both for consequential damage and loss of earnings.

The parties shall accept liability for any violations they may personally commit, holding the other party harmless for any error, fault or negligence not attributable to it, and for any damage arising from said faults or errors attributable to the other party.

PromoFarma.com shall not be liable in the event of unavailability of the product or inability to deliver the product due to force majeure, theft or loss of vouchers or errors in the order or details provided by the user. However, in such cases, PromoFarma.com shall contact the customer immediately to find the best solution to the problem.

PromoFarma.com shall employ all the commercial and technical means at its disposal to ensure the availability of its services over the website and the promotional voucher validation widget, although this obligation shall not apply in the event of lack of availability or performance due to:

  1. temporary inactivity of the website due to updates and/or technical maintenance, in which case the pharmacy shall be informed by e-mail within a maximum period of 48 hours, as long as PromoFarma.com becomes aware or is informed of the situation prior to said period;
  2. causes beyond the control of PromoFarma.com: force majeure, Internet access problems, technical problems that arise despite the diligent and reasonable management of the website owner, actions or omissions on the part of third parties (including the point-of-collection pharmacy), etc.

PromoFarma.comIn all such cases beyond the control and due diligence by the owner, the customer shall not be entitled to demand compensation from PromoFarma.com for damages or loss of earnings. 

In the event of closure or suspension of the website due to causes not attributable to the actions of the parties, the customer shall be notified of the change of domain, with the only changes to this contract being those related to the active domain of the platform.

11. SAFEGUARD CLAUSE

All the clauses and provisions of this contract must be interpreted independently and autonomously and, should any of them be declared null and void by a judicial or final arbitration ruling, this shall not affect the other stipulations. The affected clause or clauses shall be replaced with another one or ones with the same purposes sought by the conditions of use.

12. APPLICABLE REGULATIONS

The present conditions are expressly subject to the provisions of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 of 16 November which approves the Law for the Defence of Consumers and Users, Royal Decree 1906/1999 of 17 December 1999 which regulates Telephone or Electronic Contracting with general conditions, Law 7/1998 of 13 April on General Contracting Conditions, Law 7/1996 of 15 January on Retail Trade, Organic Law 15/1999 of 13 December on Personal Data Protection and other general or subsidiary legislation that applies pursuant to the basic principals of Spanish Law.

Notwithstanding the foregoing and the default application of national Spanish Law, insofar as PromoFarma is not an information society services provider whose services are aimed at a state other than Spain, pursuant to the provisions of the Directive and only in those cases in which compliance is compulsory, PromoFarma shall apply the specific conditions that may apply in the country of residence of the end consumer.

13. JURISDICTION

These Terms and Conditions are governed by Spanish law. To resolve any conflicts, the Parties freely submit to the courts of the User’s domicile, waiving any other jurisdiction to which they may be entitled. Moreover, as a company which subscribes to Confianza Online and in the terms of its Ethical Code, in the event of any dispute relating to online contracting and advertising, data protection or child protection, the user shall have recourse to the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es).

To file complaints regarding the use of our services, the customer may write to either the e-mail or postal address indicated in the “Contact” section, and we shall undertake in all cases to search for an amicable solution to the problem.

Last updated: 2 May 2018.

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