General conditions of sale

GENERAL INFORMATION.

The ownership of this website, https://institutoclinicojover.com/ (hereinafter the Website) is held by INSTITUTO CLÍNICO JOVER SL with CIF B05519350 and registered office at PLAZA PINTOR JOSE MARÍA FALGAS Nº 5, BAJO, 30001 MURCIA (MURCIA), telephone number 950 401 678 and email address info@institutoclinicojover.com

This document (as well as all documents mentioned herein) regulates the conditions governing the use of this Website and the purchase/acquisition of products on it (hereinafter, the Conditions).

For the purposes of these Conditions, it is understood that the activity that INSTITUTO CLÍNICO JOVER SL carries out through the Website includes:

The sale of items of DESCRIPTION OF ITEMS FOR SALE

Likewise, the User is hereby informed that before accessing, browsing, and/or using this website, they must have read the Legal Notice and Privacy Policy, as well as the Cookie Policy of this website. By using this Website or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Terms and Conditions and by all the aforementioned. Therefore, if they do not agree with all of these, they should not use this Website.

Please be advised that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.

For any questions the User may have regarding the Conditions, they may contact the owner using the contact information provided above or, where appropriate, info@institutoclinicojover.com

THE USER

Access, browsing, and use of the Website confers the status of user, meaning that, from the moment you begin browsing the Website, you accept all the conditions set forth herein, as well as any possible modifications, without prejudice to the application of the corresponding mandatory legal regulations, as applicable.

The User assumes responsibility for proper use of the Website. This responsibility extends to:

  • Use this Website only to make legally valid inquiries and purchases or acquisitions.

  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities reported.

  • Provide truthful and lawful contact information, such as email address, postal address, and/or other information.

The User declares that he or she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. INSTITUTO CLÍNICO JOVER SL does not guarantee that the Website complies with the laws of other countries, either in whole or in part. INSTITUTO CLÍNICO JOVER SL declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at their discretion, with INSTITUTO CLÍNICO JOVER SL the purchase agreement for the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at https://institutoclinicojover.com/ , during which various products and/or services may be selected and added to the shopping cart, basket, or final purchase area, and finally, click on “PLACE ORDER.”

Likewise, the User must complete and/or verify the information requested at each step, although during the purchasing process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that INSTITUTO CLÍNICO JOVER SL has received their order or purchase request, i.e., the order confirmation. They will also be notified by email when their purchase is being shipped, if applicable.

Once the purchase process has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email. The User can download the generated invoice at any time from the orders section of their customer profile while logged in.

The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale that apply to the product in question and that are displayed alongside the product presentation or, where applicable, an image of the product on the Website page. These conditions include, but are not limited to, and depending on the specific case, the following: name, price, components, weight, quantity, color, product details, or characteristics. They also acknowledge that placing the purchase order constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in order to constitute proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of April 27 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free circulation of such data, and Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and the rights that assist Users in accordance with the privacy policy of this Website.

AVAILABILITY

All purchase orders received by INSTITUTO CLÍNICO JOVER SL through the Website are subject to product availability and/or to no circumstances or force majeure affecting their supply. If difficulties arise regarding the supply of products or if products are out of stock, INSTITUTO CLÍNICO JOVER SL undertakes to contact the User and refund any amount that may have been paid.

INSTITUTO CLÍNICO JOVER SL will not assume any liability if the delivery of the product is not made due to the information provided by the User being false, inaccurate or incomplete.

INSTITUTO CLÍNICO JOVER SL reserves the right to cancel any order that cannot be confirmed or delivered to the customer within 14 days , or any orders destined for areas considered by the Transport Agency to be dangerous or difficult to access. If an order is canceled for any of the reasons stated above, the customer will be refunded the full amount paid for the purchase; however, no right to compensation will arise.

PRICES AND PAYMENT.

The prices displayed on the Website are indicated in Euros (€) and correspond to the unit price including VAT, unless expressly indicated otherwise in the prices. They are delivered to the address of your choice. Shipping costs are not included, which are specific to each order and communicated by INSTITUTO CLÍNICO JOVER SL depending on the order size and delivery area. The shipping costs will be added to the total invoice.

As a general rule, VAT will be applied at the applicable tax rate for Spanish territory at any given time.

The prices listed by INSTITUTO CLÍNICO JOVER SL are valid at the time of the customer’s inquiry or for the period indicated by INSTITUTO CLÍNICO JOVER SL and may be revised and modified if conditions so require at any time. The prices charged are those in effect at the time the order is placed, except for typographical errors.

All products promoted by INSTITUTO CLÍNICO JOVER SL at a special price will be displayed on the website with the following information: sale price, regular price, and the end date of the offer or promotion. These offers will be available until the indicated date, subject to stock out.

The accepted payment methods will be:

Credit or debit card.

INSTITUTO CLÍNICO JOVER SL uses all reasonable measures to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to verification and authorization by the issuing bank. If the bank does not authorize payment, INSTITUTO CLÍNICO JOVER SL will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.

Once INSTITUTO CLÍNICO JOVER SL receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged when the shipping confirmation is sent to the User.

In any case, by clicking on Place Order, the User confirms that the payment method used is his or her own.

SHIPPING COSTS: Shipping  costs are €6 for orders under €50. For orders of €50 or more, shipping is free. This delivery service is only available for shipments within mainland Spain.

Payment Methods

This website accepts the following payment methods:

  1. Credit card:

Shipping for your order is handled independently through the bank’s secure payment gateway. Credit card details go directly to the bank; INSTITUTO CLÍNICO JOVER S.L. not have access to your credit card information.

Data is transferred using the HTTPS security protocol; all information is encrypted. For this payment method, we have contracted the services of CaixaBank.

DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, for any reason attributable to INSTITUTO CLÍNICO JOVER SL, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance. The User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In all cases, home deliveries are made on business days.

If delivery is impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.

If the User will not be at the delivery location during the agreed time slot, he/she must contact INSTITUTO CLÍNICO JOVER SL to arrange delivery on another day.

If 30 days have passed since your order was available for delivery and it has not been delivered for reasons not attributable to INSTITUTO CLÍNICO JOVER SL, it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for additional expenses resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to him/her (the cost of the return may amount to XX € ).

For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.

Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when INSTITUTO CLÍNICO JOVER SL receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs at a time after INSTITUTO CLÍNICO JOVER SL has received the full amount due.

In accordance with the provisions of the Value Added Tax (VAT) Law, purchase orders for delivery and/or service will be deemed to be located in the Spanish VAT area if the delivery address is located in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.

TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that if they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may correct the error by contacting INSTITUTO CLÍNICO JOVER SL through the contact spaces enabled for this purpose on the Website and, where applicable, through the contact spaces enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).

In any case, before clicking on Place Order , the User has access to the space, cart or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and the Privacy Policy to gather more information on how to exercise their right of rectification as established by Regulation (EU) 2016/679, of April 27 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

RETURNS

In cases where the User purchases products on or through the owner’s Website, they have a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the INSTITUTO CLÍNICO JOVER SL Website or, in the event that the goods comprising your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was entered into.

To exercise this right of withdrawal, the User must notify INSTITUTO CLÍNICO JOVER SL of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website.

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally state their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by INSTITUTO CLÍNICO JOVER SL as an annex to these Terms and Conditions; however, its use is not mandatory.

To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, INSTITUTO CLÍNICO JOVER SL will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered by the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which INSTITUTO CLÍNICO JOVER SL is informed of the User’s decision to withdraw.

INSTITUTO CLÍNICO JOVER SL will reimburse the User using the same payment method used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, INSTITUTO CLÍNICO JOVER SL may withhold said reimbursement until it has received the purchased products or items, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to INSTITUTO CLÍNICO JOVER SL through the same transport company that made the delivery . This must be done without undue delay and, in any case, no later than 14 calendar days from the date on which INSTITUTO CLÍNICO JOVER SL was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. These exceptions, by way of example and not exhaustive, would include: personalized products, products that may deteriorate or expire quickly, unwrapped music or video CDs/DVDs, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery.

In any case, no refund will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.

Likewise, products must be returned using or including all original packaging, instructions, and any accompanying documents, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link:

Link to withdrawal form

Return of Defective Products or Shipping Errors.

This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact INSTITUTO CLÍNICO JOVER SL immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable timeframe, whether a refund or, if applicable, a replacement is appropriate.

Returns of the following products will not be accepted, as established by Law 47/2002, of December 19, amending Law 7/1996, of January 15, on the Regulation of Retail Trade:

  • Glasses, underwear, bras, mattresses, personalized pacifiers, girdles, orthopedics, etc.

  • Infant milks, baby food and food supplements.

  • Sealed products whose seal has been broken.

All INSTITUTO CLÍNICO JOVER SL products must be returned in their original packaging with all accessories included, in perfect condition and protected, avoiding stickers, seals, or adhesive tape directly on the surface or packaging of the item, in their unopened packaging.

The amount paid for products returned due to a defect, when a defect actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred in processing the return. The refund will be made using the same payment method the User used to pay for the purchase.

In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, will always be applicable.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, in the terms legally established for each type of product, INSTITUTO CLÍNICO JOVER SL being responsible, therefore, for any lack of conformity that may become apparent within a period of two years from the delivery of the product.

In this regard, products are deemed to comply with the contract provided that: they conform to the description provided by INSTITUTO CLÍNICO JOVER SL and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may present non-uniform characteristics, provided that these derive from the type of material with which they have been manufactured and, therefore, will form part of the product’s appearance and will not be considered a defect.

Furthermore, the User may purchase a product or brand or manufacture from a third party on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within two years of delivery of said products. To do so, the User must retain all information regarding the product warranty.

DISCLAIMER

Unless otherwise provided by law, INSTITUTO CLÍNICO JOVER SL will not accept any liability for the following losses, regardless of their origin:

  • Any losses that were not attributable to any breach on your part;

  • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure incurred); or

  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.

Likewise, INSTITUTO CLÍNICO JOVER SL also limits its liability in the following cases:

  • INSTITUTO CLÍNICO JOVER SL applies all measures concerning providing an accurate display of the product on the Website, however, it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser being used or other similar issues.

  • INSTITUTO CLÍNICO JOVER SL will act with the utmost diligence to make the product ordered available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector that result in delays, loss, or theft of the product.

  • Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Unavailability of the Website for maintenance or other reasons, which prevents the service from being available. INSTITUTO CLÍNICO JOVER SL uses all available means to carry out the purchase, payment, and shipping/delivery of the products. However, it is exempt from liability for causes not attributable to it, such as acts of God or force majeure.

  • INSTITUTO CLÍNICO JOVER SL will not be liable for the misuse and/or wear of products used by the User. At the same time, INSTITUTO CLÍNICO JOVER SL will not be liable for any incorrect returns made by the User. It is the User’s responsibility to return the correct product.

  • In general, INSTITUTO CLÍNICO JOVER SL will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when such failure or delay is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

    • Strikes, lockouts and other protest measures.

    • Civil commotion, riot, invasion or terrorist attack, war (declared or undeclared) or threat or preparation for war.

    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

    • Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation.

    • Inability to use public or private telecommunications systems.

    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the duration of the force majeure event, and INSTITUTO CLÍNICO JOVER SL will have an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. INSTITUTO CLÍNICO JOVER SL will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with INSTITUTO CLÍNICO JOVER SL will be electronic (email, or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that INSTITUTO CLÍNICO JOVER SL sends electronically comply with the legal requirements of being in writing. This condition will not affect the User’s legal rights.

The User may send notifications and/or communicate with INSTITUTO CLÍNICO JOVER SL through the contact information provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, INSTITUTO CLÍNICO JOVER SL may contact and/or notify the User by email or at the postal address provided.

RESIGNATION.

No waiver by INSTITUTO CLÍNICO JOVER SL of any specific right or legal action or the failure of INSTITUTO CLÍNICO JOVER SL to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by INSTITUTO CLÍNICO JOVER SL of any of these conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and INSTITUTO CLÍNICO JOVER SL, in relation to the object of the sale and replace any other previous agreement, arrangement or promise agreed verbally or in writing by the same parties.

The User and INSTITUTO CLÍNICO JOVER SL acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

DATA PROTECTION

Any personal information or data that the User provides to INSTITUTO CLÍNICO JOVER SL during a transaction on the Website will be processed in accordance with the Privacy Policy. By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that the information or data provided is accurate.

COMPLAINTS AND CLAIMS

The User may send INSTITUTO CLÍNICO JOVER SL any complaints, claims or any other comments they wish to make using the contact information provided at the beginning of these Conditions (General Information).

In addition, INSTITUTO CLÍNICO JOVER SL has official complaint forms available to consumers and users, which they can request from INSTITUTO CLÍNICO JOVER SL at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the execution of this purchase contract between INSTITUTO CLÍNICO JOVER SL and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr

LAST MODIFICATION 04/07/2023

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