Terms of service
- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
(hereinafter also the General Conditions or GTC):
On the one hand, the supplier of the products, Raul Dorado Fernandez., whose trade name is DAIPROX® (hereinafter also the provider), with registered office at Avda.Onze de Setembre, 32 1r5a 08790 Gelida, NIF 46759145F, Phone of customer service 682393327, and e-mail: email@example.com, being the owner of the website www.daiprox.com, exposes the contractual document that will govern the contracting of products through the reviewed website.
And on the other, the User – Client (hereinafter the User), registered on the website using a username and password, over which it has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.
BOTH Accept this document, and implies that the user:
- You\'ve read, you understand and you\'re agree with this text.
- That he is a person of legal age and with sufficient capacity to contract.
- That he assumes all the obligations set forth herein.
- That you have read and accept these general purchase conditions from the moment you purchase any product offered.
This document can be printed and stored by Users.
The provider makes the e-mail address firstname.lastname@example.org available to them so that they can raise any questions about these conditions.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the provider\'s website www.daiprox.com.
The provider reserves the right to unilaterally modify said General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products. Raul Dorado Fernandez. is not responsible for any loss of data, files or any damage resulting from a failure of the User to backup the data contained in the purchased products such as memory cards.
Raul Dorado Fernandez is not responsible for the consequences that may result from improper use of the products for sale on the web.
The civil liability of Raul Dorado Fernandez. for the supplied products is limited to the amount of the same, the user waives claiming any responsibility to Raul Dorado Fernandez. for any concept in any case of dissatisfaction with the products purchased on the website www.daiprox.com, as well as possible failures, slow access or errors in accessing the website, including loss of data or other information that may exist on the computer or network of the user who accesses the website www.daiprox.com
likewise Raul Dorado Fernandez informs that physical activity must always be approved, validated and followed by your cardiologist, the buyer waiving any subsequent claim in the event of a medical incident during physical activity. The Daiprox protector does not protect against death and this is also reported during the pre-purchase process with the following notice:
Please read the following notice before proceeding with the purchase of your DAIPROX protection:
DAIPROX protection will not eliminate all risks or death associated with the practice of any sport or activity. The DAIPROX system will not eliminate all risks of injury or death associated with the practice of sports or activities. The protection of DAIPROX will not completely eliminate the risk of injury or death associated with any medical condition, including those injuries or deaths that DAIPROX was designed to prevent, while participating in such sports or activities. I assume all risks associated with the use of the DAIPROX system while participating in such sports, activities or everyday events. I have read and fully understand the above statement. I have consulted with an authorized doctor before purchasing DAIPROX protection.
Raul Dorado Fernandez. is an online business specializing in the distance sale and manufacture of protections for people with ICDs or pacemakers, Raul Dorado Fernandez It sells its products remotely over the Internet through its website. The provider does not have any physical store.
- Object of the Contract:
2.1 Area of application: The purpose of this contract is to regulate the contractual purchase-sale relationship born between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.
2.2 Application Territory: The virtual store of www.daiprox.com is active for all of Spain/Europe.
2.3 ability to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 customer acceptance: The validation of an order through the web www.daiprox.com It is done by email and also implies automatic acceptance of the CGC. These conditions are available on the web www.daiprox.com or, if you wish and request, we can make it available to you by email.
2.5. Modification of the General Conditions of Contract: Raul Dorado Fernandez reserves the right to make changes and/or modifications to these CGC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which the order was placed will apply.
- INFORMATION PROVIDED ON THE WEB www.daiprox.com:
3.1 Price publication: The prices of the products are those shown in each product on our website www.daiprox.com
3.2 Product information: Information in our advertising, brochures, other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of www.daiprox.com, they are constantly renewed and updated to offer our clients the most complete and detailed information possible. All the contractual information present in www.daiprox.com are displayed in Spanish (Castilian) and communication with clients and users, as well as the formalization of the contract, will be carried out in this language, although, if the client so wishes, it can be done in Catalan or English, always indicating it before starting the hiring procedure.
3.3 Availability of the product(s): There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4 Right of Cancellation: Raul Dorado Fernandez. reserves this action (right to cancel) the shipment of a specific product that does not meet the quality requirements imposed on all products of www.daiprox.com In the event that this lack of quality is detected, the Customer Service of Raul Dorado Fernandez will suggest a replacement product and, if the replacement is not to the customer\'s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The hours for receiving orders are twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after seventeen (17:00) hours will not be processed, leaving for the next business day in Barcelona. Orders received on Fridays will be processed to arrive on Monday or the first business day, they will be delivered on Monday (or the first business day after). After that time they will be processed on Mondays and delivered the next business day, in the peninsula and as stipulated in the corresponding section for orders from outside the peninsula.
3.6 Fraud: And Raul Dorado Fernandez, suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.
In order to access the products offered by the provider, the user does not need to register through the website by creating a user account. Only the essential data that the user must provide freely and voluntarily in order to process their order will be requested.
Once you have chosen the product(s), you are informed that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
- Choose the product by clicking on it, and it will be automatically added to the "shopping cart".
- If you want to add more products, you must select the "Continue shopping" option. If by mistake you have added something that you did not want, you must click on the option to remove it from the shopping cart.
- Once you have chosen the product(s), you must click on the finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen payment method).
- The user will be asked for a series of personal data to be able to place the order and the subsequent delivery, and then the user\'s consent is requested to save their data. If you lend it, product information is saved and sent to you if you allow it, otherwise the data will be saved for future purchases only.
Check your email inbox for spam and junk mail controls and always check that the contact details you provide are correct.
- To finish the process, you must click on the Finish button
In any case, the provider\'s contracting platform will inform the user, once the contracting procedure is finished, via email regarding all the characteristics, price, forms of transport, contracting date and delivery times of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must immediately notify the e-mail address that will appear on the web to proceed with the correction of this error.
If you have any questions, you can contact our Customer Service through any of the methods provided on the web. www.daiprox.com
Raul Dorado Fernandez will provide Customer Service for FREE through our contact email email@example.com, if you choose another alternative means of communication, the user is the one who must bear the particular cost of it.
Raul Dorado Fernandez. puts at your disposal telephones in Spain subject to the cost of your telephone operator.
5.1 Transport company: will be carried out through the Company designated by Raul Dorado Fernandez.
5.2 Shipping costs: The expenses of Shipping will be applied as follows:
- National (Peninsular Spain): Free shipment.
- Europe/Rest of the world: Calculated per each country and shown in the website
Any cost at destination due to transport or customs taxes will be paid by the receiver.
For orders to the Canary Islands, Ceuta, Melilla and Andorra, the shipping cost must be requested from Raul Dorado Fernandez. sending an email to firstname.lastname@example.org to be able to quote shipping costs.
When the user-client adds the product to the cart and confirms the shipping address, the system will automatically show the shipping price mentioned above.
5.3 Shipping Address: The delivery of orders will be made at the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control company. shipments, assigned for this purpose, as is the absence of the recipient.
The delivery time of the order will be during normal working hours.
Notwithstanding the foregoing, the provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time, for which no liability can be attributed against the provider.
Shipments are only made to destinations in Peninsular Spain, the Balearic Islands and Europe and upon request to the Canary Islands, Andorra, Ceuta and Melilla and the rest of the world.
Raul Dorado Fernandez will put all the means at its disposal so that your order is delivered within the period that appears on our website on the date of issuance of the order confirmation.
5.4 delivery times: The delivery time is usually between:
- Peninsular Spain is from 5 to 15 business days.
- Balearic Islands is from 5 to 15 business days.
- Europe is from 5 to 15 business days.
depending on the product, according to the target population and the payment method chosen. This term is understood as long as the availability of the service has been confirmed and the full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service Department can provide you with availability information.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that, due to the unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service at the following address of e-mail: email@example.com indicating the order number.
5.5 Shipment Confirmation: At the time of delivery of the order to our carrier we will send you confirmation of shipment to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through our carrier\'s website.
5.6 delivery damage: Products are shipped in secure packaging. If at the time of delivery it is clearly and visibly appreciated, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or it is appreciated, in the same way, a error in the merchandise received, the customer must immediately contact our Customer Service line 682393327 o al email firstname.lastname@example.org , to be able to request the return of the affected product or products and proceed to replace them with another in optimal conditions or, to reimburse the price paid for it, as indicated in said email.
Likewise, if damage to the product is detected once the package is opened, the packaging being in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it on our line of Customer service 682393327 o al email email@example.com
6.Prices and terms of validity of offers:
All prices displayed in the store www.daiprox.com include VAT in force at the time of purchase. All the prices that appear on the website are valid and will be expressed in the Euro currency (€). Said expenses, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased.
TAX ON VALUE ADDED: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products will be understood to be located in the territory of application of Spanish VAT. if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories.
The user will receive the order invoice to the email address provided by the user once the purchase has been made.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its last phase.
In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.
The delivery method is detailed is through the DHL company (with the specifications detailed in section 5 of these general conditions).
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.
For any information about the order, the User may contact the provider\'s customer service telephone number or via email to the address provided.
Next, we detail the available systems:
7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Payments are only accepted with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
8. Right of withdrawal:
8.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, and for this he has a period of 14 calendar days from receipt of the product, without penalty for its exercise; The consumer must be reimbursed for the total amount of the purchase, that is, the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. In relation to the shipping costs for the return of the products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary according to their nature, their characteristics or their operation, without thereby limiting their right to exercise it.
You can send it to us by email firstname.lastname@example.org or by post (by any means admitted by law), always within 14 calendar days of receipt of the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the guarantee of said product(s).
You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an inappropriate use of the good or different from its own nature to the address that we have provided.
It is recommended to return it in its original packaging, if this is not possible, the product could suffer a depreciation in its value. The client will be responsible for the packaging and protection of the products that he sends as well as the expenses derived from the shipment.
Provided that the products are returned within a period of 14 calendar days, without any damage or signs of wear and in compliance with the requirements established in this section, we will refund the total amount of the purchase.
8.2 Return due to error in the order by Raul Dorado Fernandez.: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by mail as soon as possible; Raul Dorado Fernandez will bear the costs of collecting the product sent by mistake and delivery of the corresponding to the order placed.
8.3 Checking of Returns: The verification and verification of the products subject to return will be carried out by Raul Dorado Fernandez. that, once in its facilities, it will verify that they are received in compliance with all the requirements established in section 9. If any of the elements are missing, we will notify you in writing via email indicating the missing content.
When the return takes place (if the withdrawal is exercised) the amount paid for the product plus shipping costs will be refunded. The return costs will be borne by the consumer-user as well as the management to get the product to the origin.
The deadline for reimbursement shall be within 14 calendar days and through the same means in which the purchase was made.
- Europe is €14.99
The cost will be deducted from the amount of the item to be returned.
The deadline to make the refund will be within 14 calendar days and through the same means in which the purchase was made.
10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
9.1 Warranty: All products offered through the website are completely original.
9.2 Gwarranty in case of defective product: In case of defective product, Raul Dorado Fernandez. must proceed to the repair, replacement, price reduction or termination of the contract (as appropriate), procedures that will be free for the user. Raul Dorado Fernandez. It is responsible for the lack of conformity that manifests itself within a period of two years from the delivery; the consumer-user must inform Raul Dorado Fernandez. of the lack of conformity within two months of becoming aware of it.
10.Nulity and ineffectiveness of the clauses:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, having such provision, or the part of it that was affected, as not placed.
11.ONLINE DISPUTE RESOLUTION:
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
12.Applicable law and jurisdiction:
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if he is not considered a consumer for the purposes of the TRLGDCU) or of the user. (if you are considered a consumer for the purposes of the TRLGDCU).
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
- Directive 97/7 / EC on the protection of consumers in relation to distance contracts (Distance Sales Directive);
- Directive 2000/31 / EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).
- Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users.
- Law 7/1998, of April 13, on Terms Generals of hiring, and later modifications,
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46/EC ( General Data Protection Regulation)
- Organic Law 3/2018, of December 5, of Data Protection of Personal character and Guarantee of Digital Rights,
- Law 7/1996, of January 15, Retail Trade Management, y
- Law 34/2002 of July 11, Information Society Services and Electronic Commerce and later modifications.
14.COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling the Customer Service phone 682393327 Or through our contact form.