GENERAL TERMS AND CONDITIONS

The ownership of this website, www.mallorcamedicalgroup.com (hereinafter the Website) is held by MALLORCA MEDICAL GROUP SL, with NIF/CIF B57544611 and address at CALLE MURCIA, 40,
CP 07013 of PALMA DE MALLORCA (province of ILLES BALEARS), telephone 971 254 686 and e-mail address info@mallorcamedicalgroup.com, hereinafter THE OWNER.

This document (as well as all documents mentioned herein) regulates the conditions governing the use of this Web Site and the purchase/acquisition of products on this Web Site (hereinafter, the Conditions).

For the purposes of these Conditions, it is understood that the activity that THE OWNER carries out through the Website includes:

The sale of medical consultations and services.

Likewise, the user is informed that before accessing, browsing, and/or using this website, the user must have read the Legal Notice and the Privacy Policy, as well as the Cookies Policy of this website. By using this Web Site or by making and/or requesting the purchase of a product through this Web Site, the User agrees to be bound by these Terms and Conditions and all of the foregoing, and if the User does not agree to all of the foregoing, the User should not use this Web Site.

Please be advised that these Terms and Conditions may be subject to change. The User is responsible for consulting them every time he/she accesses, navigates, and/or uses the Web Site since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details previously provided or, if applicable, using the contact form.

The access, navigation, and use of the Web Site, confers the condition of the user, so you accept, from the moment you start browsing the Web Site, all the conditions set forth herein, as well as its possible modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

Continued GENERAL CONDITIONS OF CONTRACTING.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details.
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.

The Web Site is primarily directed to Users residing in Spain. THE OWNER makes no representation that the Website complies with the laws of other countries, either in whole or in part. THE OWNER disclaims any liability that may arise from such access, as well as any delivery or provision of services outside Spain.

The User may formalize, at its option, with THE HOLDER the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

Users may purchase on the Website by the means and in the ways established. They should follow the online purchase and/or acquisition procedure of www.mallorcamedicalgroup.com during which various services can be selected and added to the cart, basket or final shopping space and, finally, click on checkout.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that THE HOLDER has received his order, i.e. the order confirmation.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. The User can download at any time the invoice generated from the orders section of his customer profile while logged in.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example but not exhaustive, and according to each case: name, price, details of services or features; and acknowledges that the completion of the purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and kept in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679, of 27 April (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), and the rights that assist Users in accordance with the privacy policy of this Website.

All purchase orders received by THE HOLDER through the Website are subject to the availability of clinic hours and force majeure (clause nine of these Conditions) affecting the provision of services. If the provision of a service becomes unfeasible, EL
HOLDER undertakes to contact the User and reimburse any amount that may have been paid as a fee.

The prices displayed on the Web Site are indicated in Euros (€) and correspond to the unit price with
VAT included, unless otherwise expressly indicated in the prices.

In relation to VAT, as a general rule, it will be applied at the tax rate applicable at each moment of the transaction for the Spanish territory.

The prices shown on www.mallorcamedicalgroup.com are valid at the time of consultation by the customer or during the period indicated on www.mallorcamedicalgroup.com and may be revised and modified if conditions so require at any time. The prices invoiced are those in effect at the time the order is placed, except for typographical errors.

All services that THE HOLDER promotes at a special price will be displayed on the website with the following information: offer price, regular price and end date of the offer or promotion.
These offers will be available until the date indicated, unless stocks last.

The accepted means of payment will be: Credit or debit card.

THE HOLDER uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, THE HOLDER will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once THE HOLDER receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation is sent to the User.

In any case, by clicking on Finalize order the User confirms that the payment method used is his own.

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may correct the same by contacting THE OWNER through the contact spaces provided for this purpose on the Website, and, where appropriate, through the contact spaces provided to contact customer service, and/or using the contact details provided in the first clause (General Information).

In any case, the User, before clicking on Finalize order, has access to the space, cart or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and Privacy Policy for more information on how to exercise their right of rectification as established in the Regulation (EU).
2016/679 of 27 April (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

RIGHT OF WITHDRAWAL

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

The holder of the voucher for the course shall have the right to withdraw from the contract, provided that he/she communicates this within 14 calendar days of contracting the service, provided that the service has not been performed or rendered.

To exercise this right of withdrawal, the User must notify his decision to THE OWNER. You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that THE OWNER makes available as an annexed part of these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, THE HOLDER shall reimburse the User for all payments received without undue delay and, in any case, no later than 14 calendar days from the date on which THE HOLDER is informed of the decision to withdraw by the User.

MALLORCA MEDICAL GROUP SL will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

Unless otherwise provided by law, THE HOLDER accepts no liability for the following losses, regardless of their origin:

Any losses that are not attributable to any breach by you.
When the delivery of the product does not take place because the information provided by the User is false, inaccurate or incomplete.
Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.
Likewise, THE OWNER also limits its liability in the following cases: THE OWNER applies all measures concerning to provide a faithful visualization of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
THE HOLDER shall act with the utmost diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any others typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. THE HOLDER puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however, disclaims liability for causes not attributable to him, fortuitous event or force majeure.
THE OWNER shall not be liable for the misuse and/or wear and tear of the products used by the User. At the same time, THE HOLDER shall not be liable for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, THE HOLDER shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control, i.e., due to force majeure, and this may include, but is not limited to:

– Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.

– Inability to use public or private telecommunications systems.
– Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations shall be suspended during the period in which the cause of force majeure continues, and THE HOLDER shall have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure.

will use all reasonable means to find a solution that will allow us to fulfill our obligations despite the force majeure.

By using this Website, the User accepts that most of the communications with THE OWNER will be electronic (e-mail, or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that THE HOLDER sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with THE OWNER through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, THE OWNER may contact and/or notify the User by e-mail or at the postal address provided.

No waiver by THE OWNER of any specific legal right or action or the lack of requirement by THE OWNER of strict compliance by the User of any of its obligations shall constitute, nor a waiver of other rights or actions arising from a contract or the Conditions, nor exonerate the User from the fulfillment of its obligations.

No waiver by THE OWNER of any of these conditions or rights or actions arising from a contract shall be effective, unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

The present Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and THE HOLDER, in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and THE HOLDER acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

The information or personal data that the User provides to THE HOLDER in the course of a transaction on the Website, will be treated in accordance with the Privacy Policy. When accessing, navigating
and/or use the Web Site, the User consents to the processing of such information and data and declares that the information or data provided are truthful.

The User may send to THE OWNER his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Terms (General Information).

In addition, THE OWNER has official complaint forms available to consumers and users, which they may request from THE OWNER at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between THE HOLDER and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr.