GENERAL CONTRACT CONDITIONS

This contractual document will govern the contracting of products and services through the website www.tiendafertilidad.com, property of Georgina Oller Grau, hereinafter PROVIDER.

Acceptance of this document means that the USER:

- You've read, you understand and you're agree with this text.
– It is a person with sufficient capacity to hire.
– Assume 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 PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is Georgina Oller Grau., with registered office C/ Tavern 34 3º 3ª, 08021, Barcelona, NIF 46148629A and with customer service telephone number / USER 639425611

And on the other hand, the USER, registered on the website using a username and password, over which he or she 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 sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

Hiring procedure

The USER, in order to access the services or products offered by PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on the protection of personal data, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of this data and detailed in the Legal Notice and Privacy Policy of this website.

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

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

1. General contracting clauses.
   2. Shipping of orders.
   3. Right of withdrawal.
   4. Claims.
   5. Force majeure.
   6. Competition.
   7. Generalities of the offer.
   8. Price and validity period of the offer.
   9. Transportation costs.
   10. Payment method, expenses and discounts.
   11. Purchase process.
   12. Applicable guarantees.
   13. Guarantees and returns.
   14. Applicable law and jurisdiction.
2. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by PROVIDER.

2. SHIPPING OF ORDERS

THE PROVIDER will not send any order until it has verified that payment has been made.

Shipments of merchandise will usually be made by EXPRESS COURIER (CORREOS EXPRESS, MRW, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

Delivery dates or times will be understood as approximate, delay not constituting essential non-compliance. In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without derives no liability for damages attributable to the PROVIDER.

The delivery time is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.

It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim any possible defects or defects that the product or service presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.
2. 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, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications or other products that are directly downloaded through the portal.
5. When they are personalized products or those that, for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.

All returns must be communicated to the PROVIDER, requesting a return number (RMA) by email to hola@tiendafertilidad.com, indicating the invoice or order number.

Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of Georgina Oller Grau, C/ Tavern 34 3º 3ª , 08021, Barcelona.

4. CLAIMS

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

Postcard: Georgina Oller Grau., C/ Tavern 34 3º 3ª, 08021, Barcelona
Telephone: 935135860
Mail: hola@tiendafertility.com

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 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 ODR platform: https://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

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 be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to Georgina Oller Grau's Commercial Proposal or stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

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

8. PRICE AND PERIOD OF VALIDITY 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 indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes 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 all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 935135860 or via email at hola@tiendafertility.com.

9. TRANSPORTATION EXPENSES

Prices do not include shipping or communication costs or additional services, unless expressly agreed in writing to the contrary.

Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.

Once the USER has entered the postal code of the delivery address and depending on the amount of their purchase, the system will show them the different shipping options and their respective prices before proceeding to complete the purchase.

10. PAYMENT FORMS, CHARGES AND DISCOUNTS

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

• Credit card: no discounts or charges will be applied.

11. PURCHASING PROCESS

Basket (budget simulation)

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

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.

From the basket you can place an order by following the following steps for its correct formalization:

1. – Checking billing information.
   2. – Checking the shipping address.
   3. – Selection of the payment method.
   4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER'S management department.

Orders (purchase requests)

Within a maximum of 24 hours, on business days, an email will be sent confirming the status of the order and the shipping date.

12. APPLICABLE GUARANTEES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and users and other complementary laws.

13. GUARANTEES 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:

1. I) Compliance of the products with the contract
2. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
3. a) They conform to the description made by Geogina Oller Grau.
4. b) They are suitable for the uses to which products of the same type are ordinarily intended.
5. c) Are suitable for any special use required by the client when it has been brought to the attention of Georgina Oller Grau at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
6. d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Georgina Oller Grau.
7. e) Georgina Oller Grau. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
8. Liability will not apply for lack of conformity that the USER knows or could not have ignored at the time of the contract or that have their origin in materials supplied by the USER.
9. II) Responsibility of the PROVIDER

Georgina Oller Grau. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Georgina Oller Grau recognizes the USER the right to repair the product, replace it, reduce the price and terminate the contract.

III) Repair and replacement of products

1. If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs Georgina Oller Grau of the chosen option, both parties must comply. 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 compliance with the contract.
2. Any form of relief imposed on Georgina Oller Grau will be considered disproportionate. costs that, in comparison with the other form of correction, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of correction could be carried out without major inconveniences for the USER.
3. IV) Rules for repair or replacement of the product

Repair and replacement will comply with the following rules:

1. a) They will be free for the USER.

This gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

1. b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
2. c) The reparation suspends the calculation of the deadlines referred to in article VII. The suspension period will begin from the moment the USER makes the product available to Georgina Oller Grau. and will conclude with the delivery to the USER of the already repaired product. During the six months following delivery of the repaired product, Georgina Oller Grau will be liable 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.
3. d) The substitution suspends the deadlines 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.
4. e) If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or resolution. of the contract under the terms of article V.
5. f) If the replacement fails to bring the product into compliance with the contract, the USER may demand its repair, 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.
6. g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
7. V) Price reduction and contract termination

The price reduction and termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the product and in cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the USER. USER. The resolution will not proceed when the lack of conformity is of minor importance.

1. VI) Criteria for 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) Deadlines

1. Georgina Oller Grau is responsible for any lack of conformity that appears within a period of two years from delivery. For second-hand products, Georgina Oller Grau and the USER may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it will be presumed that any lack of conformity that appears within six months of 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 lack of conformity. .

2. Unless proven otherwise, delivery is deemed to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the previous articles expires three years from the delivery of the product.
4. The USER must inform Georgina Oller Grau of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, 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 or an excessive burden for the USER to contact Georgina Oller Grau due to the lack of conformity of the products with the sales contract, they may claim directly from the producer in order to obtain replacement or repair of the product.

In general terms, and without prejudice to the producer's responsibility ceasing, within the same terms and conditions as those established for Georgina Oller Grau, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products. , in accordance with their nature and purpose and with the rules that regulate them.

A producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.

Whoever has responded to the USER will have a period of one year to repeat responsibility for the lack of conformity. This period is computed from the moment the cleanup was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which 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 object of these Conditions to the courts and tribunals of the USER's domicile.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of Barcelona (Spain).