Follow us on social networks
Instagram Facebook

Terms and Conditions

GENERAL CONTRACTING CONDITIONS

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

Acceptance of this document implies that the USER:

– He has read, understands and comprehends what is stated here.
– He is a person with sufficient capacity to hire.
– Assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.

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

Identity of the contracting parties

On the one hand, the provider 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 639425611

And on the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and safekeeping, 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 sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

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

Sale Procedure

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

The USER will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or of possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.

Once the user account has been created, please note 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 these steps:

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

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

  1. ORDER SHIPPING

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

Goods shipments 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 deadlines are approximate, and delays do not constitute a material breach of contract. If the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, the customer is entitled to cancel the order and receive a full refund at no cost, and the PROVIDER shall not be liable for any damages.

Delivery typically takes between 2 and 5 business days, depending on the destination and the chosen payment method. This timeframe applies only after the availability of the goods has been confirmed and full payment for the order has been received.

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.

Delivery will be considered complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt document.

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

In the event that the contract does not involve the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will inform the USER beforehand regarding the procedure to follow to carry out this download.

  1. RIGHT OF WITHDRAWAL

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

The USER has a period of fourteen calendar days, starting from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27). Unless the return is due to defects in the product, the shipping costs will be borne 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. The use of seals and adhesive tape applied directly to the product is prohibited.
  3. When the product is open and it cannot be proven 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 eligible for this right.

All returns must be reported to the PROVIDER, requesting a Return Merchandise Authorization (RMA) number 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 on the shipping letter, with the transport costs borne by them, to the address of Georgina Oller Grau, C/ Tavern 34 3º 3ª, 08021, Barcelona.

  1. Claims

Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

Postcard: Georgina Oller Grau., C/ Tavern 34 3º 3ª, 08021, Barcelona
Phone: 935135860
Email: hola@tiendafertilidad.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 justice, through the intervention of a third, 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, finally being able to suggest and / or impose a solution to the conflict.

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

  1. OVERWHELMING FORCE

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

  1. COMPETITION

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 fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

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

  1. OFFER OVERVIEW

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 the Commercial Proposal of Georgina Oller Grau or stipulated herein shall have effect, except by express written agreement signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects 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.

  1. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices shown for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.

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

Before making the purchase, you will be able to check online all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.

For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 935135860 or via email to hola@tiendafertilidad. Com.

  1. TRANSPORTATION EXPENSES

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

The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by 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 finalize the purchase.

  1. PAYMENT METHODS, CHARGES AND DISCOUNTS

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

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

Basket (budget simulation)

Any product from our catalog can be added to your shopping cart. The cart will only display the items, quantity, price, and total amount. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.

The baskets have no administrative link; it is only a section where a budget can be simulated without any obligation for either party.

From the shopping cart, you can place an order by following these steps for its proper completion:

  1. - Checking the billing information.
    2. - Verification of 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 working days, an email will be sent confirming the order status and shipping date.

  1. APPLICABLE WARRANTIES

All products offered through this website are completely original, unless otherwise stated in their description. All products have a two-year warranty period, 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.

  1. GUARANTEES AND RETURNS

The guarantee for the products offered will comply with the following articles based on Law 23/2003 of July 10, on Guarantees for the Sale of Consumer Goods:

  1. I) Conformity of the products with the contract
  2. Unless proven otherwise, products will be deemed to conform to the contract provided they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable:
  3. a) They conform to the description made by Georgina Oller Grau.
  4. b) They are suitable for the uses to which products of the same type are ordinarily destined.
  5. c) Be suitable for any special use required by the customer when the customer has made this known to Georgina Oller Grau at the time of entering into the contract, provided that the customer has accepted 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 the nature of the product and, where applicable, 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 the manufacturer, so she is not bound by these public statements.
  8. There will be no liability for non-conformities that the USER knew or could not have ignored at the time of entering into the contract or that originate from materials supplied by the USER.
  9. II) Provider's Responsibility

Georgina Oller Grau will be liable to the USER for any lack of conformity existing at the time of delivery of the product. Georgina Oller Grau recognizes the USER's right to repair, replacement, price reduction, or termination of the contract.

III) Repair and replacement of products

  1. If the product does not conform to 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 notifies Georgina Oller Grau of their chosen option, both parties are bound by it. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which repair or replacement fails to bring the product into conformity with the contract.
  2. Any form of remedy that imposes costs on Georgina Oller Grau that are unreasonable compared to the other form of remedy, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without major inconvenience to the USER, will be considered disproportionate.
  3. IV) Rules for product repair or replacement

Repair and replacement will be subject to the following rules:

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

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

  1. b) They will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.
  2. c) The repair suspends the calculation of the time limits referred to in Article VII. The suspension period will begin when the USER makes the product available to Georgina Oller Grau and will end upon delivery of the repaired product to the USER. For six months after delivery of the repaired product, Georgina Oller Grau will be liable for any lack of conformity that prompted the repair. It will be presumed that the same lack of conformity exists when defects of the same origin as those initially reported reappear in the product.
  3. (d) The replacement suspends the time limits referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the replacement product in any case.
  4. e) If, after the repair has been completed and the product has been delivered, it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or termination of the contract under the terms of article V.
  5. f) If the replacement fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or a price reduction or termination of the contract under the terms of articles V and VI.
  6. g) The USER may not demand replacement in the case of non-fungible products, nor when it comes to second-hand products.
  7. V) Price reduction and termination of the contract

The USER may choose to have the price reduced or the contract terminated when they cannot demand repair or replacement of the product, or when such repair or replacement has not been carried out within a reasonable time or without significant inconvenience to the USER. Termination will not be permitted when the lack of conformity is minor.

  1. VI) Criteria for price reduction

The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it conformed to the contract and the value the product actually delivered had at the time of delivery.

VII) Time limits

  1. Georgina Oller Grau is liable for any lack of conformity that becomes apparent within two years of 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 shall be presumed that any lack of conformity that appears within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

  1. Unless proven otherwise, delivery is understood to have been made on the date shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
  2. The right to claim compliance with the provisions of the preceding articles expires three years after the delivery of the product.
  3. 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 excessively burdensome for the USER to contact Georgina Oller Grau regarding non-conformity of the products with the sales contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the producer's responsibility ceasing, under 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.

The term "producer" refers to the manufacturer of a product or the importer of the same into the territory of the European Union or any person who presents himself as such by indicating his name, trademark or other distinctive sign on the product.

The party responsible to the USER will have one year to seek reimbursement from the party responsible for the lack of conformity. This period begins from the moment the remedy was completed.

  1. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts of the USER's domicile.

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