General Terms and Conditions of Contract for Farmamix online sales

• 1. INTRODUCTION AND IDENTIFICATION OF PARTIES

  • 1.1. This general terms are applicable to all orders made by a Client with registered address in the territory of Spain to FarmamixVisión, S.L. (hereinafter, Farmamix) through the website farmamix.vision.
    FarmamixVision S.L. is a company with registered address at Calle Amposta, 20, Sant Cugat del Vallès, 08174, Barcelona (Spain); Tax ID (CIF) Number B-66577792. It is registered in the Mercantile Registry of Barcelona, volume 45051, folio 0001, page B 475484, entry 1ª.
  • 1.2. These terms and conditions of contract are governed by the applicable regulations, namely, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons, Law 34/2002, of 11 July, on Services of the Society of Information and Electronic Commerce, the Legislative Decree 1/2007, of 16 November, which passes the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, and Law 7/1996, of 15 January, on the Regulation of Retail Trade.
  • 1.3. The farmamix.vision website has the dual function of promoting Farmamix products and offering direct purchase through the website. Such products are para-pharmacy products, including medical devices, cosmetics, and nutritional supplements.
  • 1.4. Farmamix shall modify or extend the type of products and/or services offered through the Website at any time, at its own discretion. Likewise, in compliance with the provisions of Royal Legislative Decree 1/2015, of 24 July, which passes the revised text of the law on guarantees and rational use of drugs and medical devices, no prescription drugs shall be promoted or marketed through this website.
  • 1.5. The Client of the end product (hereinafter, the 'CLIENT') represents that their personal data are those that they have provided through the website, in particular, through the form that Farmamix has made available to them through the website's sign-up process, which is an essential requirement to carry out any purchase.
  • 1.6. A Client shall be any natural or legal person that purchases, uses, or enjoys any of the products or services offered by Farmamix through the website.

• 2. Acceptance

  • 2.1. The sale and/or supply of the products by Farmamix in Spain shall be governed by these General Sales Conditions to all effects, with the exception of any conditions that had been expressly agreed and accepted by Farmamix, which shall constitute particular conditions thereof.
  • 2.2. The Client irrevocably accepts these General Terms and Conditions, even if they contradict the Client's own contractual conditions.
  • 2.3. By placing an order, the Client accepts and is bound by these General Terms and Conditions of Contract, the Terms of Use and our Cookie Policy (hereinafter, collectively referred to as the 'Terms and Conditions'). In this regard, if you do not agree to all Terms and Conditions, you should refrain from contracting through this website.
  • 2.4. Terms and Conditions are subject to change. You are responsible for reviewing these Terms periodically, as the applicable terms shall be those in force at the time of use of the website or conclusion of the Agreement (as defined below).

• 3. Purchase scope

  • 3.1. Any information relating to offers, price, delivery time and/or stock shall not be construed as part of the agreement except when expressly accepted by Farmamix.
  • 3.2. The scope of the sale shall be clearly specified in the Client's order. Any modification of the order shall be in writing and shall be subject to Farmamix’s acceptance. Changes introduced due to regulatory changes that take place after the date of order shall also be considered modifications. If the new modifications impose additional or more costly obligations to Farmamix, they shall have the right to modify the conditions of the order or withdraw the order made by the Client without implying grounds for non-compliance.

• 4. Price

  • 4.1. The price shall be the price indicated on the website, next to the product. The price is usually expressed in euros and includes VAT.
  • 4.2. The price may be revised, and the Client undertakes to assume this increase in the following cases:
    • a. There is a variation in the prices of raw materials.
    • b. There is a modification of the order at the Client's request.
    • c. The price has been set in a currency other than EUROS and this currency has varied between the order date and the invoice date.
  • 4.3. The price may be modified on the website at the discretion of Farmamix, without prior notice nor justification. Such a price change shall not affect orders already placed, without prejudice to the previous item.

• 5. Terms of payment

  • 5.1. Payment shall always be made at the time of placing the order effectively, prior to its logistic management. Payment shall be made in any of the forms admitted by the Farmamix website.
  • 5.2. Farmamix shall be able to request information referring to the payment previous to managing shipment if they deem it necessary.

• 6. Shipping costs

  • 6.1. Farmamix online product prices do not include shipping costs. The shipping price is €5. For shipments over €50, the amount shall be discounted, and shipping costs shall be free.

• 7. Goods delivery

  • 7.1. Goods deliveries shall be made at the place indicated in the order. Otherwise, it shall be understood to be carried out at Farmamix facilities (Ex works, Incoterms 2020).
  • 7.2. The transfer of risk shall take place at the time of dispatch of the goods to the Client, or as soon as the goods are made available to the Client.
  • 7.3. Unless expressly agreed, the Client may not request the cancellation of an order or any compensation (including any shipping refund) in any of the following cases:
    • a. If, despite having made every reasonable effort to meet the delivery date or delivery time set out in the Agreement and given the complexity of the manufacturing process of the product, these are not met.
    • b. The delay is due to circumstances beyond Farmamix's control.
    • c. If, after the 48 hours granted to make any product claims, the Client has not made theirs.
    • d. The delivery time shall be modified in the following cases:
      • - When the Client requests modifications of the order and these are accepted by Farmamix.
      • - When there is a breach by the Client of their contractual obligations.
      • - When, due to issues beyond Farmamix's control, there is an affectation or incidence in the production or transport of the products.
      • - For reasons of force majeure, being this consideration, for illustrative effects not limited to, the following:
      • - Natural phenomena with catastrophic effects, such as tidal waves, earthquakes, volcanic eruptions, ground movements, sea storms, floods, or other similar events.
      • - Wars, riots, revolts, revolutions and/or serious disturbances of public order.
      • - Fires, explosions, destruction of machines or any other type of installation.
      • - Labour unrest such as strikes, lockouts, production stoppages and occupation of facilities.
      • - Revocation or cancellation of permits, business closure or forced closure of all or part of the company.
  • 7.4. In case of occurrence of any of the events indicated in sections c) or d) of previous provision 7.3, Farmamix shall notify the suspension of the Agreement in writing to the Client, with both parties being able to resolve it.
  • 7.5. Farmamix shall not be held in breach of contract when, due to unforeseeable events, or foreseen events that are inevitable, the execution of the Agreement is suspended due to unfeasibility or difficulty in the compliance therein.
  • 7.6. In cases where the Client acquires an unavailable product, and as long they have not been informed of such situation, Farmamix shall refund the amount satisfied on the part of the Client without any compensatory right, through the same means they used when making their initial payment.

• 8. Undeliverability

  • 8.1. In the event that the Client has designated in their order an address to which delivery cannot be made, after the first delivery attempt, they shall be informed of this circumstance so that, within the non-extendable period of 24 hours, they can provide an alternative address within the same municipality or delivery schedule within the following 48 hours. If no reply is given, it shall be understood that the client wishes to withdraw from the Agreement, and this shall be considered to be terminated. As a result of the termination of the Agreement for this reason, the Client shall be charged a penalty consisting of 100% of the amount paid for the purchase.

• 9. Right of withdrawal

  • 9.1. The right of withdrawal exercised by clients who have the status of consumers under the provisions of Royal Legislative Decree 1/2007 of 16 November, shall be governed in accordance with the following conditions:
    • a. In compliance with provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Clients and other complementary laws, the Client may exercise their right of withdrawal within a maximum period of fourteen (14) calendar days from the time of receipt of the product, provided that it has not been opened or used and that it is returned to our facilities in perfect condition. To do so, the withdrawal form and the instructions to be followed shall be requested at the following e-mail address: farmamix@farmamix.vision. The form shall be sent to the same e-mail address within fourteen (14) calendar days of receipt of the product.
    • b. In case of withdrawal, shipping costs shall be deducted from the amount to be refunded to the Client even though they would have been free for having made an order over €50, except in cases where the withdrawal was partial, maintaining the purchase for products for an amount greater than €50.
    • c. Once the request has been generated, the product shall be sent, correctly packaged and protected, to:
      • Farmamix Visión
        C/ Amposta, 20
        08174, Sant Cugat del Vallès (Barcelona)
    • d. If the product does not arrive at Farmamix's facilities in the 15 calendar days following the exercise of the right of withdrawal due circumstances attributable to them, it shall be considered that the Client has not fulfilled their obligations and shall not be refunded or paid any amount.
    • e. Once the withdrawal request has been processed and compliance with the previous conditions has been verified, Farmamix shall reimburse the Client for the amount paid by them (in no case including shipping costs under the terms indicated in section b) of provision 9.1 above) within fourteen (14) days from the reception of the purchased product. Said amount shall be paid to the Client through the same channel or means used for the payment.
    • f. In compliance with the provisions of Article 45 of Royal Decree Law 1/2007, right of withdrawal shall not apply when the purchased products are made according to the Client's specifications or have been customised, or when they cannot be returned or may perish or expire quickly due to their nature.
  • 9.2. The right of withdrawal exercised by Clients having the status of Entrepreneur, under the provisions of Royal Legislative Decree 1/2007 of 16 November, shall be governed in accordance with the following conditions:
    • a. The Client may exercise their right of withdrawal within 48 hours after the reception of the product, provided that the products have not been opened or used and that they arrive in perfect condition at our facilities. To do so, the withdrawal form and the instructions to be followed shall be requested at the following e-mail address: farmamix@farmamix.vision. The form must be sent to the same e-mail address within the 48-hour term indicated above.
    • b. Notwithstanding the foregoing, the right of withdrawal shall not apply when the purchased products are made according to the Client's specifications or have been customised, or when they cannot be returned or may perish or expire quickly due to their nature.
    • c. In case of withdrawal, shipping costs shall be deducted from the amount to be refunded to the Client even though they would have been free for having made an order over €50, except in cases where the withdrawal was partial, maintaining the purchase for products for an amount greater than €50.
    • d. Once the request has been generated, the product shall be sent, correctly packaged, and protected, to:
      • Farmamix Visión
        C/ Amposta, 20
        08174, Sant Cugat del Vallès (Barcelona)
    • e. If the product does not arrive at Farmamix facilities within the next seven (7) calendar days after exercising the right of withdrawal, it shall be considered that the Client has not fulfilled their obligations and shall not be reimbursed or paid any amount.
    • f. Once the withdrawal request has been processed and compliance with the previous conditions has been verified, Farmamix shall reimburse the Client for the amount paid by them (in no case including shipping costs, under the terms indicated in paragraph c) of provision 9.2 above) within fifteen (15) days from the reception of the purchased product. Said amount shall be paid to the Client through the same channel or means used for the payment.

• 10. Claims

  • 10.1. From the date of the delivery of the goods, the Client shall have 48 calendar hours to report any incidence or claim about the goods. Once this period has elapsed, the products shall be considered as conforming and accepted by the Client without any possible claim.
  • 10.2. Claims or incidences shall be made through any reliable system, indicating the following data:
    • Client identification data
      Order number
      Product reference
      Reasons for the claim
      
  • 10.3. Returns shall be accepted only in the following cases
    • a. In the event that the product is in poor condition.
    • b. In the event of any discrepancy between the product ordered and the product received.

• 11. Warranty

  • 11.1. Except as otherwise provided for in legal or express provisions or if the expiry date is previous to the completion of the term described below, Farmamix guarantees the supplied Products for up to three (3) months.
  • 11.2. In no case shall the warranty remain in force after the product has expired, when the Client shall be responsible for disposing the product in compliance with the applicable provisions in force.
  • 11.3. The warranty coverage consists of the replacement of products known to be defective, whether due to defects in material, workmanship, or assembly.
  • 11.4. The warranty applies as long as the Product delivered to the Client is used under normal conditions of use, as indicated in the catalogues, instructions and manuals provided to the user.
  • 11.5. Farmamix shall not indemnify the Client or third parties for the consequences produced by the use of the Product, either direct or indirect damage, damage caused by issues external to the product, damage or defects derived from inadequate preservation or maintenance, erroneous or negligent storage or use, manipulations or modifications introduced without approval of Farmamix and, in general, any other cause not imputable to Farmamix.

• 12. Limitation of liability

  • 12.1. Any technical advice, verbal or written, provided by Farmamix before and/or during the use of the Product, is given in good faith and without binding character between the parties in any case. This advice from Farmamix shall not relieve the Client from their obligation of reading and following the instructions in brochures and leaflets in order to determine the product's suitability for the intended use.
  • 12.2. In case of non-compliance or defective compliance attributable to Farmamix, Farmamix's liability shall be limited to the refund of the amount paid by the Client, and the sales agreement shall be rescinded.

• 13. Nullity

  • 13.1. If any of the clauses of these General Sales Conditions should be declared null and void or voidable, in whole or in part, this shall be omitted from the same without affecting the validity of the other provisions.

• 14. Applicable law and jurisdiction

  • 14.1. The law applicable to these general sales conditions, as well as to any dispute relating to this agreement, shall be Spanish law.
  • 14.2. Any controversy arising from this agreement shall be submitted exclusively to the jurisdiction of the Courts of the city of Barcelona.