General hiring conditions

This contractual document will govern the purchase of products and the contracting of services through the website www.centremedictredic.com, owned by Cerba Internacional S.A. Spain, hereinafter the PROVIDER, which offers the sale of health services and products.

The acceptance of this document implies that the USER:

  • You have read, understand and understand what is presented here.
  • Is a person with sufficient capacity to hire.
  • Assumes all the obligations set out here.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the LENDER’s website.

The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it provides services or sends the products, and reserves the right to unilaterally modify the conditions, without this being able to affect the goods or promotions that were previously acquired in the modification

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the supplier of the products purchased or services contracted by the USER is Cerba Internacional S.A. Spain, with registered office at Pl. Ramon Llull 7-10, 08203 Sabadell (Barcelona), NIF A08559932, and with customer service telephone number: 0034(93)7272233.

On the other hand, the USER, registered on the website using a username and password, on which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the LENDER and the USER at the moment when the latter accepts during the online contracting process the corresponding box.

The contractual relationship of purchase and sale involves the delivery, in exchange for a price determined and publicly displayed through the website, of a specific product or service.

RECRUITMENT PROCEDURE

The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of the current regulations on the protection of personal data, Regulation (EU) 2016/679 of 27 d April 2016 (GDPR) and LOPDGDD 3/2018 of December 5, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, detailed in the Privacy Policy of ‘this website.

The USER will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the LENDER of their loss or theft or possible access by part of an unauthorized third party, so that it proceeds to the immediate blocking.

The PROVIDER informs that during the process of purchasing or hiring products or services you will have to identify yourself with a username and password. The user will have access to their orders, invoices, order tracking, if applicable, as well as the modification of data or the download of their results. These passwords will be used to access the services provided through the website.

The PROVIDER makes available to users technical means to identify and correct errors in the introduction of data in the forms. In the shopping cart and forms in general, it will be automatically validated that the format of the data is correct, and the user will be given the option to correct it.

Once the user account has been created, it is notified that, in accordance with what is required by article 27 of Law 34/2002, Services of the Information Society and Electronic Commerce (LSSICE), the recruitment procedure will follow the following steps:

  1. General contract clauses.
  2. Contracting process
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. Generalities of the offer.
  8. Price and period of validity of the offer.
  9. Payment method, expenses and discounts.
  10. Purchase process.
  11. Applicable guarantees.
  12. Guarantees and returns.
  13. Applicable law and jurisdiction.

1. GENERAL CONTRACT CLAUSES

Except for a particular written stipulation, placing an order with the LENDER will mean the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the LENDER if it has not been expressly accepted beforehand and in writing by the LENDER.

To place an order, you must follow the online purchase procedure and click on the acceptance of the GENERAL TERMS OF PURCHASE AND ON THE “ORDER WITH PAYMENT OBLIGATION” SECTION.

2. RECRUITMENT PROCESS

The LENDER will not consider the order as formalized until the correct payment has been verified.

In the case of contracting tests or extractions, the order will not involve any physical delivery of the product. Once the payment has been confirmed, the USER will receive an email with the order number, which he must present when he goes to the Cerba extraction centers or collaborating centers to carry out the contracted service.

It is the responsibility of the USER to provide correct and complete data, as the PROVIDER will not be held responsible for the impossibility of providing the service if the data provided is false, inaccurate or incomplete.

Since there is no physical delivery of products, the conditions relating to shipping, receipt or claims associated with goods do not apply.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim the possible defects or defects presented by the service, both in online and offline mode.

The USER has a term of fourteen calendar days, counted from the date of receipt of the product purchased in our online store, to return it if it does not meet their expectations (article 71 of the Law 3/2014 of March 27). In the event of cancellation, all payments received by you, including the initial shipping charges for your order, will be refunded.

The USER may exercise the right of withdrawal by email (shop@cerba.com) or by going directly to any of the LENDER’s centers.

The right of withdrawal cannot be applied in the following cases:

  • If the product is not presented in perfect condition.
  • If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it being prohibited.
  • When the product is opened without being able to prove that it has not been used.
  • In software applications that are directly downloaded through the portal.
  • When it comes to personalized products or those that, for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.

To exercise their right of withdrawal, the USER must send a withdrawal request via email to the PROVIDER at the following address: lopd@cerba.com

4. CLAIMS

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made to the following contact address:

Email: lopd@cerba.com

Resolution of online disputes (Online Dispute Resolution) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission facilitates 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 the Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, eventually being able to suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties are not liable for any failure due to force majeure. The fulfillment of the obligation will be delayed until the end of the case of force majeure.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they undergo modification in any way.

The USER declares to have read, known and accepted these General Conditions in their entirety.

7. GENERAL OF THE OFFER

All sales and deliveries made by the LENDER shall be subject to these General Conditions.

No modification, alteration or agreement contrary to the LENDER’s Commercial Proposal or stipulated herein shall have effect, except for an express written agreement signed by the LENDER, in which case these particular agreements shall prevail.

Due to continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND VALIDITY TERM OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of any other additional service and annex to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check online all the details of the quote: items, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, the prices will be maintained whether there is product availability or not.

Any payment made to the PROVIDER will entail the issuance of an invoice in the name of the registered USER or of the company name that he/she has informed at the time of placing the order. This invoice will be sent together with the product purchased, as well as in PDF format to the email address provided by the USER.

For any information about the order, the USER can contact the PROVIDER’s customer service phone number 0034(93)7272233 or via email at atcl@cerba.com

9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER offers the following ways to pay for an order:

  • Credit card: no discounts or charges will apply.

10. PURCHASE PROCESS

Basket (Budget Simulation)

Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment data entered.

The baskets have no administrative link, it is just a section where you can simulate a budget without any commitment for both parties.

You can place an order from the basket by following the following steps for its correct formalization:

  • Verification of billing data.
  • Check of the Center where the test or extraction will take place.
  • Selection of payment method.
  • Acceptance of the Legal Conditions.
  • Select the “Pay Now” box.

Once the order is processed, the system instantly sends an email to the LENDER’s management department.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the order.

11. APPLICABLE WARRANTIES

All products and services offered through the website are completely original, unless otherwise stated in their description. All have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

12. WARRANTIES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract

Except for evidence to the contrary, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case any of them is not applicable:

  • They conform to the description made by the LENDER.
  • Are suitable for the uses to which products of the same type are normally intended.
  • Are suitable for any special use required by the customer when he has informed the PROVIDER at the time of concluding the contract, provided that the latter has admitted that the product is suitable for this use.
  • Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of this and, where applicable, the descriptions of the specific characteristics of the products made by the PROVIDER.

The PROVIDER describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so that it is not bound by these public statements.

The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the sales contract and has been carried out by the LENDER or under his responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.

The responsibility will not proceed for lack of conformity that the USER is aware of or could not have ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the USER.

II) Liability of the LENDER

The LENDER will answer to the USER for any lack of conformity that exists at the time of delivery of the product. The LENDER recognizes the USER’s right to repair the product, to replace it, to reduce the price and to terminate the contract.

III) Repair and replacement of products

If the product does not comply with the contract, the USER may choose to demand repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to the LENDER the option chosen, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.

Any form of remediation that imposes on the LENDER costs that, compared to the other form of remediation, are not reasonable, taking into account the value the product would have if there was no lack of conformity, the relevance of the lack of conformity, will be considered disproportionate of conformity and if the alternative form of sanitation could be carried out without major inconvenience for the USER.

IV) Rules for the repair or replacement of the product

Repair and replacement will conform to the following rules:

  • They will be free for the USER.
  • This gratuity will include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially shipping expenses, as well as costs related to labor and materials.
  • They will be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products and their purpose for the USER.
  • The repair suspends the calculation of the terms referred to in Article VII. The suspension period will begin when the USER makes the product available to the LENDER and will conclude with the delivery of the already repaired product to the USER. During the six months following the delivery of the repaired product, the LENDER will be responsible for the lack of conformity that led to the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
  • The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII will apply to the substitute product.
  • If the repair is completed and the product is delivered, it still does not comply with the contract, the USER may demand its replacement, within the limits established in section 2 of Article IV, or the reduction of the price or the resolution of the contract under the terms of article V.
  • If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.
  • The USER will not be able to demand replacement in the case of non-expendable products, nor when it comes to second-hand products.

V) Price reduction and termination of the contract

The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when he cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without greater inconvenience for the USER. The resolution will not proceed when the lack of conformity is of little importance.

VI) Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.

VII) Terms

The PROVIDER is responsible for non-conformities that occur within two years of delivery. In the case of second-hand products, the LENDER and the USER may agree on a shorter term, which may not be less than one year from delivery.

Except for proof to the contrary, it will be presumed that the lack of conformity that manifests itself in the six months following delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the fault of conformity

Except for proof to the contrary, delivery is considered to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note if this was later.

The action to claim compliance with what is provided for in the previous articles is prescribed three years from the delivery of the product.

The USER must inform the LENDER of the lack of conformity within two months of becoming aware of it.

Except for proof to the contrary, it will be understood that the USER’s communication has taken place within the established period.

VIII) Action against the producer

When it is impossible for the USER or it is an excessive burden for him to contact the LENDER due to the lack of conformity of the products with the sales contract, he may claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and notwithstanding that the producer’s responsibility ceases, under the same terms and conditions as those established for the LENDER, the producer will be responsible for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

The manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinguishing sign on the product is considered a producer.

Whoever has responded to the USER, will have a period of one year to repeat the responsibility of the lack of conformity. This term is counted from the moment when the sanitation was completed.

13. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in everything that is not expressly established.

For the resolution of all controversies or issues related to this website or the activities that take place there, Spanish legislation will apply, to which the parties expressly submit, being preferably competent for the resolution of all conflicts arising from or related to its use the Courts and Tribunals closest to Sabadell, at the user’s choice.