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#pacemaker #heart
Terms of service
PARTIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF CONTRACT:
(hereinafter also the General Terms and Conditions or GTC):
On the one hand, the supplier of the products, Martha María Martínez Guillén, whose trade name is DAIPROX® (hereinafter also the Provider), with registered office at Avda.Onze de Setembre,32 1r5a 08790 Gelida, N.I.F. 02403016E, customer service telephone 682393327, and e-mail: info@daiprox.com, being the owner of the website www.daiprox.com, exposes the contractual document that will govern the contracting of products through the website outlined.
And on the other hand, the User - Client (hereinafter the User), registered on the website using a username and password, for which it has full responsibility for use and custody, being responsible for the accuracy of the personal data provided to the provider.
BOTH agree to this document, and implies that the user:
Has read, understands and comprehends what is set forth herein.
That he/she is a person of legal age and with sufficient capacity to contract.
That he/she assumes all the obligations set forth herein.
That he/she has read and accepts these general conditions of purchase from the moment he/she acquires any product offered.
This document can be printed and stored by the Users.
The provider makes available to them the e-mail address info@daiprox.com to raise any questions about these conditions.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider's website www.daiprox.com.
The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.
It is advisable to keep a copy of the data contained in the products purchased. Martha María Martínez Guillén is not responsible for any loss of data, files or any damage resulting from a failure of backup by the User of the data contained in the purchased products such as memory cards.
Martha María Martínez Guillén is not responsible for the consequences that could result from an inadequate use of the products for sale on the website.
The civil responsibility of Martha María Martínez Guillén for the products supplied is limited to the amount of the same, the user waives any liability to Martha María Martínez Guillén for any concept in any case of dissatisfaction of the products purchased on the web www.daiprox.com, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist in the computer or network of the user accessing the web www.daiprox.com.
Likewise Martha María Martínez Guillén informs that the physical activity must always be approved, validated and followed by your cardiologist, renouncing the buyer to any later claim in case of medical incident during the physical activity. The Daiprox protector does not protect against death and this is also informed during the pre-purchase process with the following warning:
Please read the following notice before proceeding with the purchase of your DAIPROX protector:
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 risk of injury or death associated with the practice of sports or activities. DAIPROX protection will not completely eliminate the risk of injury or death associated with any medical condition, including those injuries or deaths that the DAIPROX was designed to prevent, while engaging in such sports or activities. I assume all risks associated with the use of the DAIPROX system while engaging in such sports, activities or everyday occurrences. I have read and fully understand the above statement. I have consulted with a licensed physician prior to purchasing DAIPROX protection.
Martha María Martínez Guillén is an online retailer specializing in the remote sale and manufacture of protection for people with ICDs or pacemakers. Martha María Martínez Guillén sells its products remotely over the Internet through its website. The provider does not own any physical store.
Object of the Contract:
2.1 Scope: The purpose of this contract is to regulate the contractual relationship of purchase-sale born between the provider and the user at the moment the user accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GTC shall apply from the day the order is placed.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.
2.2 Territory of application: The online store of www.daiprox.com is active for all of Spain/Europe.
2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 Acceptance of the customer: The validation of an order through the website www.daiprox.com is done by email and also implies automatic acceptance of the GTC. These conditions are available on the website www.daiprox.com or, if you wish and request, we can make it available by email.
2.5. Modification of the General Terms and Conditions: Martha María Martínez Guillén reserves the right to make changes and/or modifications to these GTC. 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 shall apply.
INFORMATION PROVIDED ON THE WEBSITE www.daiprox.com:
3.1 Publication of prices: The prices of the products are those shown for each product on our website www.daiprox.com
3.2 Product Information: The information contained 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, are constantly being renewed and updated to provide our customers with the most complete and detailed information possible. All the contractual information present in www.daiprox.com is shown in Spanish language (Castilian) and the communication with the clients and users, as well as the formalization of the contract, will be carried out in this language, although, if the client wishes it, it can be done in Catalan or English always indicating it before initiating the contracting 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: Martha María Martínez Guillén reserves this action (right of cancellation) of the shipment of a particular 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 Martha María Martínez Guillén will suggest a replacement product and, if the replacement is not to the liking of the customer, we will proceed to refund the cost of the product.
3.5 Orders 24 hours a day, every day of the year: The schedule for receiving orders is twenty-four (24) hours three hundred and sixty-five (365) days a year, although orders placed after seventeen (17:00) hours will not be processed, remaining for the next business day in Barcelona. Orders received on Fridays will be processed to arrive on Mondays or the first business day, and will be delivered on Mondays (or the first following business day). After that time will be processed on Mondays and delivered the next business day, in peninsula and as stipulated in the corresponding section for orders outside the peninsula.
3.6 Fraud: If Martha María Martínez Guillén suspects or detects any anomaly or fraud, she reserves the right to cancel the transaction for security reasons.
4.PURCHASE PROCEDURE:
The user to access the products offered by the provider, it is not necessary to register through the website by creating a user account. It will be requested only the essential data that the user must provide freely and voluntarily to process your order.
Once you have chosen the product/s, we inform you that in accordance with the requirements of art. 27 of Law 34/2002 of 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 in the "shopping cart".
If you wish to add more products, you must select the option "Continue shopping". If by mistake you have added a product that you do not want to add, click on the option to remove it from the shopping cart.
Once you have chosen the product(s), you must click on the finalize tab to place the order. On having clicked on this option, the confirmation of the purchase will appear (summary of the realized order, his information and chosen form of payment).
The user will be asked for a series of personal data to be able to place the order and subsequent delivery, and then the user's consent to save their data is requested. If you give it, they will be saved and product information will be sent to you if you allow it, otherwise the data will be saved for future purchases only.
The spam and junk mail controls of your email inbox should be checked and always verify that the contact details you provide are correct.
Once you have registered, a comments screen will appear, where you can indicate the delivery schedule; a check box that must be checked as it is the acceptance of these General Terms and Conditions and the Privacy Policy.
To finalize 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 has been completed, via e-mail 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 notify it immediately to the e-mail address that will appear on the web to proceed to the correction of this error.
If you have any doubt, you can contact our Customer Service through any of the methods provided on the web www.daiprox.com
Martha María Martínez Guillén will provide Customer Service for FREE through our contact email info@daiprox.com, if you choose another alternative means of communication, the user is the one who must bear the particular cost of it.
Martha María Martínez Guillén provides telephone numbers in Spain subject to the cost of your telephone operator.
Shipping:
5.1 Shipping Company: will be made through the Company designated by Martha María Martínez Guillén.
5.2 Shipping costs: Shipping costs will be applied as follows:
National (Peninsular Spain): Free
Europe/Rest of the world: Calculated according to the country of destination.
Any expenses in destination for customs or transport will be covered by the receiver of the merchandise.
For orders to the Canary Islands, Ceuta, Melilla and Andorra the shipping cost must be requested to Martha María Martínez Guillén by sending an email to info@daiprox.com in order to quote shipping costs.
When the user-customer 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 assumes no 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 of the shipping company assigned for this purpose, such as the absence of the addressee.
The delivery time of the order will be during normal working hours.
Notwithstanding the foregoing, the provider has taken the measures required of a diligent merchant so that delivery can be made in the agreed time, so that no liability can be imputed against the provider.
Deliveries are only made to destinations in mainland Spain, Balearic Islands and Europe and on request to the Canary Islands, Andorra, Ceuta and Melilla and the rest of the world.
In the event that there were or are produced customs charges at destination they will be paid by the recipient.
Martha María Martínez Guillén will make every effort to ensure that your order is delivered within the period shown 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 5 to 15 working days.
- Balearic Islands is 5 to 15 working days.
- Europe is 5 to 15 working days.
- Rest of the world depends on destination and selected service.
depending on the product, depending on the destination town and the chosen payment method. This term is understood as long as the availability of the service has been confirmed and full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service will be able to provide you with availability information.
If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that if any of the references are not available at the time of shipment, you have the right to cancel the order at any time before shipment by contacting our Customer Service via the following email address: info@daiprox.com indicating the order number.
5.5 Confirmation of shipment: Upon 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 the website of our carrier.
5.6 Damage on delivery: The products are shipped in secure packaging. If at the time of delivery is appreciated in a visible and clear way, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or is appreciated, in the same way, an error in the goods received, the customer should immediately contact our Customer Service line 682393327 or email info@daiprox.com, to urge the return of the product or products affected and proceed to its replacement by another in optimal conditions or make the refund of the price paid for it, as indicated in that email.
Likewise, if damage is detected in the product once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months from the time he became aware of it in our Customer Service line 682393327 or email info@daiprox.com.
Prices and terms of validity of the offers:
All prices displayed in the store www.daiprox.com include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in Euro currency (€). These costs, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992 of December 28, 1992 on Value Added Tax, the delivery of the products shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time 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 taxes and duties under the regulations in force in each of these territories.
The user will receive the invoice of the order 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 web and applied automatically by the contracting process in the last phase of the same.
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 method of delivery is detailed is through the company DHL (with the specifications detailed in section 5 of these general conditions).
The data recorded by the various methods of payment constitute proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.
For any information about the order, the User may contact the Provider's customer service telephone number or via e-mail to the address provided.
7.Payment methods:
Below, we detail the systems available:
7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where he/she must specify all the digits of the card number in the corresponding form. The operation is formalized at the moment of placing the order. Only secure card payments are accepted in which your identity as the card holder 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.
It uses the system called SSL (Secure Sockets Layer), payment system in a secure environment because it allows the encryption of information transmitted during the transaction, ensuring the confidentiality of the same.
8.Right of withdrawal:
8.1 Right of withdrawal: the user has the right to exercise the right of withdrawal within the UE, and for this purpose has a period of 14 calendar days from receipt of the product, without penalty for its exercise; the refund must be made to the consumer of the total amount of the purchase, ie the price of the product plus shipping costs, within 14 days after the exercise of the right of withdrawal by the user / consumer. In relation to shipping costs for the return of products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formalities. The consumer will only be responsible for the decrease in value of the goods resulting from a manipulation of them other than that necessary according to their nature, their characteristics or their operation, without thereby seeing limited his right to exercise it.
You will be able to send it to us through the mail info@daiprox.com or by post (by any means admitted in 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 warranty of the product(s).
You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not denote an improper use of the good or different from the nature of the same to the address we have provided.
It is advisable to return the product in its original packaging, in case it is not possible, the product could suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the product(s) being sent as well as the shipping costs.
Provided that the products are returned within 14 calendar days, without any damage or wear marks and complying with the requirements set forth in this section, we will refund the full amount of the purchase.
8.2 Return due to an error in the order by Martha María Martínez Guillén: When the product does not correspond to the one ordered, due to an error attributable to the company, the user must communicate it by email to the company as soon as possible; Martha María Martínez Guillén will bear the costs of collecting the product sent by mistake and delivering the one corresponding to the one ordered.
8.3 Verification of the Returns: The verification and checking of the products subject to return will be the responsibility of Raul Dorado Fernandez. who, once in its facilities, will verify that they are received in compliance with all the requirements set out in paragraph 9. In case of missing any of the items, we would communicate in writing via mail indicating the missing content.
Refunds:
When the return takes place (it is exercised of withdrawal) 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.
10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
9.1 Warranty: All products offered through the website are completely original.
9.2 Warranty in case of defective product: In case of defective product, Martha María Martínez Guillén shall proceed to repair, replace, reduce the price or terminate the contract (as appropriate), steps that will be free of charge for the user. Martha María Martínez Guillén is liable for any lack of conformity that becomes apparent within two years of delivery; the consumer - user must inform Martha María Martínez Guillén of the lack of conformity within two months of becoming aware of it.
Nullity and ineffectiveness of the clauses:
If any clause included in these General Conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, the General Conditions subsisting in all other respects, such provision, or the part of the same that is affected, being deemed not to be in force.
11.ONLINE DISPUTE RESOLUTION:
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called the 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, and may 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 shall be governed by or construed in accordance with Spanish law in that which is not expressly stated. The provider and the user agree to submit any dispute that may arise from the provision of products or services covered by these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not the domicile of the provider).
13.APPLICABLE REGULATIONS:
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling 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).
Spanish regulations:
Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users.
Law 7/1998, of April 13, 1998, on General Contracting Conditions, and subsequent amendments,
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights,
Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, and
Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce and subsequent amendments.
14.COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcome. 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 our Customer Service telephone number 682393327 or through our contact form.
