The purpose of the website www.storepharmadus.com is to sell products and accessories related to herbal teas.
These General Conditions regulate the purchase of the products offered on the website www.storepharmadus.com, owned by PHARMADUS BOTANICALS, S.L. (hereinafter, PHARMADUS).
The purchase of any of the products implies the full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Special Conditions that may be applicable to the purchase of certain products.
These General Conditions may be modified without prior notice, therefore, it is advisable to read their contents carefully before proceeding with the purchase of any of the products offered.
PHARMADUS, in compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, informs you that:
To get in touch with us, we provide you with different means of contact, which are detailed below:
All notifications and communications between users and PHARMADUS shall be considered effective, for all purposes, when they are made by any of the means described above.
3. DATA GATHERING
PHARMADUS informs you that the following personal data will be collected during the purchase process:
The processing of this data will be for the purpose of identifying the user and being able to respond to the requested order.
The products offered, together with their main characteristics and price, are displayed on the screen before confirming the order.
Once inside www.storepharmadus.com, and in order to access the purchase of the different products, the User must follow all the instructions indicated in the purchase process, which will imply the reading and acceptance of all the general and specific conditions set out on the Website.
PHARMADUS reserves the right to decide, at any time, the products and/or services offered. Thus, PHARMADUS may, at any time, add new products to those currently offered. Likewise, PHARMADUS reserves the right to withdraw or stop offering, at any time and without prior notice, any of the products offered.
PHARMADUS may freely suspend, block, interrupt or cancel the User's registration in the following cases:
- to ensure the security of the web portal,
- when the web portal is used in a fraudulent or abusive manner,
- when it is necessary to carry out maintenance or repair of the web portal, and
- in the event of a breach by the User.
PHARMADUS reserves the right to admit any natural or legal person as a user of the website, as this implies a series of conditions and advantages reserved for its customers. The purchase process on the website will always be mediated and controlled by PHARMADUS, and the right of admission as a user will be executed in this control.
5. AVAILABILITY AND SUBSTITUTIONS
PHARMADUS aims to guarantee the availability of all products advertised on www.storepharmadus.com. However, in the event that any product ordered is not available or if it is out of stock, the Client will be informed of the procedure to be followed to proceed to replace the product with one of similar characteristics, or to refund the amount paid for the unavailable product, using the same means of payment used for the purchase, with the Client having the opportunity to choose the option that best suits him/her.
If PHARMADUS is unjustifiably late in refunding the amounts paid, the consumer may claim double the amount due.
6. PURCHASING AND/OR CONTRACTING PROCESS
In order to make any purchase on www.storepharmadus.com, the Client must be of legal age.
By registering on the web portal www.storepharmadus.com, a user account will be created, which will include the data necessary to identify the User and carry out the operations associated with the service, namely,
The User's personal details will be recorded in the User's file, so it will not be necessary to fill them in again for subsequent purchases.
The User is obliged to keep his registration account data up to date.
Registration on the website www.storepharmadus.com implies full and unreserved acceptance of these General Terms and Conditions of Sale, acceptance of the terms of opening and use of the user account and compliance with the personal data required for registration, irrevocable authorisation for the collection of the prices of the products purchased by the User by means of credit or debit cards, or other means of payment chosen, available on the website.
The User shall select a password for access to his/her user account, undertaking to make diligent use of this data and not to make it available to third parties, as well as to notify PHARMADUS of the loss or theft of this or of possible access by an unauthorised third party, so that the latter may proceed to block it immediately.
The steps to follow to make the purchase are:
Unless otherwise stipulated in writing, the purchase of a product on the Website implies acceptance by the User of these legal conditions. No stipulation made by the User may differ from those of PHARMADUS if it has not been expressly accepted in advance and in writing by PHARMADUS.
It is also recommended that the Customer prints and/or keeps a copy of the terms and conditions of sale on a durable medium when placing their order, as well as the receipt receipt sent by PHARMADUS by E-mail.
The User undertakes to provide another means of payment in the event that the chosen means of payment does not allow charges to be made or refuses the transaction for any reason whatsoever.
INVOICE: If you wish to receive an invoice in paper or electronic format, we will send it to you after delivery of the order, by sending an e-mail to [email protected].
PHARMADUS will not send any order until it has verified that payment has been made, except in the case that the selected method of payment is cash on delivery, and the user must make the payment at the time of delivery of the order.
The scope of delivery corresponds to the countries and areas specified in the drop-down list of estimated shipping costs indicated in the following section.
Deliveries will be made by courier services, according to the destination designated by the User.
The order will be delivered to the address designated by the User at the time of contracting.
Delivery times range between 48 and 72 hours of working days established by the working calendar of the city of origin and destination. The city of origin will be Ponferrada (León) for all shipments, and the destination city will be the one indicated in the delivery address by the Client. The holidays in Ponferrada are specified in the following link VIEW CALENDAR, choosing "León" and "Ponferrada" in the location drop-down menu.
Delivery times will depend on the availability of each product, which is indicated on each and every one of the products offered. In orders that include several items, a single shipment will be made and the delivery time will correspond to the item whose delivery time is greater.
The established period will begin to run from the time of receipt of confirmation of the bank transfer made, or receipt of payment by credit card, and confirmation of availability of the goods. This period shall exclude Saturdays, Sundays and public holidays, regardless of whether it is a holiday in any town or autonomous community involved in the shipment, on which days there will be no collection or delivery service.
PHARMADUS will not assume any responsibility when the delivery of the product is not carried out due to false, inaccurate or incomplete data provided by the User.
7.1. PICK-UP AT PHARMADUS
PHARMADUS will not send any order to the customer's address in the "Pick-up at Pharmadus" option. It will be the customer who will pick up the order at our headquarters in Camponaraya on the day and time previously agreed.
Orders will be picked up at Pharmadus Botanicals S.L. headquarters located at Polígono Industrial de Camponaraya, Sector 2 - Parcela 3. 24410 Camponaraya (León). See map
The collection timetable, which will be agreed personally with the user after placing the order via e-mail or WhatsApp, is as follows:
You can contact us in three ways:
Delivery times will be from 24 hours after the order has been placed by the user (except Saturdays and Sundays). On the day set for collection, the customer must ring the bell outside the door of the headquarters to indicate to the staff that he/she is coming to collect an order.
It is recommended that payment is made prior to collection in order to avoid waiting times. If you do not choose the Cash on Delivery payment method, you will be charged at the time of collection. The payment methods available at the time of collection are: Cash, Card.
8. PAYMENT METHODS
a. By card
Purchases of products on the Website may be paid for by credit or debit card, making payment immediately through the secure SSL payment gateway of the Stripe Payments Company platform, which accepts all types of cards.
The user is asked for
After that, the bank will validate your credit card and proceed to the payment. The order will then become effective and will be processed and shipped.
As the electronic payment system is attached to the e-commerce payment gateway of the Stripe Payments Company platform, all your data will travel encrypted and on a secure server SSL (Security Socket Layers) of the Stripe Payments Company secure payment system, which guarantees that neither the owners of this virtual shop nor third parties will have access to your bank or credit card details. In this way, payments and charges made to the User's account will be made through a secure and certified payment platform, guaranteeing the privacy and confidentiality of each transaction.
b. Payment by PayPal
Purchases of products on the Website may be paid for by Paypal. When selecting this payment method, the User will be redirected to the Paypal platform to identify themselves, select the payment method linked to their account, and confirm the transaction.
c. Cash on delivery (You pay for the goods on delivery)
Purchases of products on the Website may be paid for cash on delivery, and the user must pay for the order when the order is delivered.
.d. Payment by bank transfer (order processing will take longer)
Purchases of products on the Website may be paid for by bank transfer, indicating the account number where the User must pay the total amount of the order, together with the information to be indicated in the concept of the transfer, with the confirmation of the order. The order will only be delivered once confirmation of the transfer has been received
.e. By card through virtual POS
Purchases of products on the Web can be paid by credit or debit card, making the payment immediately through the secure payment gateway SSL of our bank.
Once inside the secure server of the electronic payment system, the user will be prompted:
After that, the bank will validate your credit card and proceed to the payment. As the electronic payment system is attached to the e-commerce payment gateway of BANCO ABANCA, all your data will travel encrypted and on a secure server SSL (Security Socket Layers) of the secure payment system of BANCO ABANCA, which guarantees that neither the owners of this virtual commerce nor third parties will have access to your bank details or credit card details. In this way, payments and charges made to the User's account will be made through a secure and certified payment platform, guaranteeing the privacy and confidentiality of each transaction.
If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card.
The purchases of the products of the Web will be able to be paid by Bizum.
Once inside the secure server of the electronic payment system, the user will be requested:
After that, the bank will validate your credit card and proceed to the payment.
As the electronic payment system is attached to the e-commerce payment gateway of CaixaBank, SA, a bank better known as La Caixa, all your data will travel encrypted and on a secure server SSL (Security Socket Layers) of the secure payment system of CaixaBank, SA., which guarantees that neither the owners of this virtual commerce nor third parties will have access to your bank or credit card details. In this way, payments and charges made to the User's account will be made through a secure and certified payment platform, guaranteeing the privacy and confidentiality of each transaction.
If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card.
9. RETURNS AND WITHDRAWAL POLICY
According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days from receipt of the product, without having to state the reason and without incurring any cost, except those provided for in art. 107. 2 and 108 of RD1/2007, of 16 November, which approves the aforementioned text of the General Law for the Defence of Consumers and Users.
The Customer will have a maximum period of 14 calendar days from the day of receipt of the product ordered to inform PHARMADUS of their wish to withdraw from the contract. During this period, the consumer may communicate to the entrepreneur his decision to withdraw from the contract by any means permitted by law or via the returns form (Click here to access the form).
PHARMADUS will provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium.
Withdrawal implies that PHARMADUS will refund the amount already paid by the Customer within a maximum period of 14 calendar days from the date on which it has been informed of the Customer's decision to withdraw, following the same procedure chosen by the Customer for payment, or another procedure if the Customer so requests. The total amount of the purchase (product plus shipping costs) will be refunded, for which Pharmadus has 14 calendar days.
In order to return a product, it is essential that the product is in perfect condition (it can be handled to check that it is in good condition). If the product is not returned in the same original packaging, it may be subject to depreciation.
Once the goods have been received in our warehouses and after checking their condition, we will proceed to reimburse the amount in accordance with the method of payment made by the Client, or another method, if the Client so requests.
As stated in the aforementioned Law, the right of withdrawal may not be applied in the following cases:
On the other hand, the consumer will have to pay the shipping costs of returning the goods when he has been previously informed of this.
Bearing in mind, that if the packaging of the product is not the original or if it is not in perfect condition, it may suffer a depreciation in the return. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of 10 July 2003 on Guarantees for the sale of consumer goods, and the User can contact the telephone number 987 46 40 72 or by e-mail at [email protected].
I) Conformity of products with the contract
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless the circumstances of the case make any of them inapplicable:
a) Conform to the description given by PHARMADUS.
b) Are fit for the purposes for which products of the same type are normally intended.
c) Are suitable for any special use required by the Customer when the Customer has made this known to PHARMADUS at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) They are of the usual quality and performance of a product of the same type that the Customer may reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by PHARMADUS.
2. No liability shall be incurred for non-conformities which the User knew or could not have been unaware of at the time of conclusion of the contract or which originate from materials supplied by the User.
II) Responsibility of the PROVIDER
PHARMADUS shall be liable to the User for any lack of conformity existing at the time of delivery of the product. PHARMADUS recognises the User's right to replacement, price reduction and termination of the contract.
III) Product substitution
1. If the product is not in conformity with the contract, the User may choose to demand its replacement, unless this option proves impossible or disproportionate. As soon as the User informs PHARMADUS of his or her decision, both parties shall abide by it. This decision by the User is understood to be without prejudice to the provisions of article IV below for cases in which the replacement does not bring the product into conformity with the contract.
2. Any form of remedy which imposes costs on PHARMADUS which, in comparison with the alternative form of remedy, are unreasonable, 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, shall be deemed to be disproportionate.
IV) Product substitution rules
Substitution shall be subject to the following rules:
a) They shall be free of charge for the User. This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose for which they were intended by the User.
c) Replacement suspends the time limits referred to in Article VII from the exercise of the option until delivery of the new product. The second paragraph of Article VII shall in any case apply to the substitute product.
d) If the replacement fails to bring the product into conformity with the contract, the User may demand a price reduction or termination of the contract in accordance with Articles V and VI.
e) The User shall not be entitled to demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and the termination of the contract shall proceed, at the User's choice, when the User cannot demand the replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the User. Termination shall not be applicable when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
1. PHARMADUS shall be liable for any lack of conformity that becomes apparent within three years of delivery, bearing in mind that the guarantee is applied according to the nature of the goods sold and the product's life span. For second-hand products, PHARMADUS 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 becomes apparent within two years 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.
2. In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. For a non-conforming good to be brought into conformity, the consumer may opt for repair or replacement and will be free of charge to the consumer, (including shipping, transport, labour or material costs). It will be carried out within 7 working days from the moment the customer informs us of the non-conformity. The good will be made available and recovered in the manner that causes the least inconvenience to the consumer and the consumer will not be liable for any payment for the normal use of the replaced goods during the period prior to their replacement. Written justification for the whole process shall be provided to the consumer.
4. The consumer may also demand a price reduction. The price reduction shall be in proportion to the difference between the value that the goods would have had at the time of delivery if they had been in conformity and the value that the goods delivered have at the time of delivery. Termination shall not apply where the lack of conformity is minor. The consumer may opt for them provided that the following requirements are met:
11. SEAL OF GUARANTEE
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: https://www.confianzaonline.es. These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and in accordance with the terms of the Code of Conduct users can turn to Confianza Online for alternative dispute resolution (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If the complaints concern electronic transactions with consumers, or data protection when related to this area, the complaints shall be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
12. ONLINE DISPUTE RESOLUTION (ODR)
To access the online dispute resolution platform, please access the following link: ODR.
13. AUTOCONTROL JURY
PHARMADUS is a member of the Association for the Self-Regulation of Commercial Communication (AUTOCONTROL). In the event of disputes relating to advertising, the Client may resort to the out-of-court dispute resolution system of the AUTOCONTROL Advertising Jury. (www.autocontrol.es).
14. LIABILITY AND EXEMPTION FROM LIABILITY
PHARMADUS will make its best efforts to ensure the uninterrupted availability of the functioning of the web portal www.storepharmadus.com, as well as the absence of errors in any transmission of information that may occur. However, due to the nature of the service itself, it is not possible to guarantee the correct functioning of communications via the Internet. Likewise, access to the purchase of products on the website may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or the introduction of new products. Efforts will always be made to limit the frequency and duration of such suspensions or restrictions.
15. INTELLECTUAL OR INDUSTRIAL PROPERTY
The intellectual property rights of the web portal www.storepharmadus.com, its source code, design, navigation structures and the different elements contained therein are owned by PHARMADUS, which has the exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European legislation.
PHARMADUS informs that it does not grant any licence or express or implicit authorisation over the intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the contents included in the web portal www.storepharmadus.com. The total or partial reproduction of the contents included in this website is strictly prohibited. Unauthorised use of these contents will give rise to the legally established responsibilities.
16. CUSTOMER SERVICE AND COMPLAINTS
In order to lodge any complaint or claim with PHARMADUS, the Customer should contact the customer service department either by telephone on (+34) 987 46 40 72 or by e-mail at [email protected].
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the User and the Provider, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
17. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by or 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 Conditions to the courts and tribunals of the User's domicile.
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma, Bajo A., 28015 Madrid (Spain). For more information: www.confianzaonline.es
These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and in accordance with the terms of the Code of Ethics, users can turn to Confianza Online for alternative dispute resolution https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/. If they concern electronic transactions with consumers, or data protection when related to this area, the complaints will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
We also remind you that you can access the European Union's online dispute resolution platform by following this link https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
The language used will be Spanish.
18. PRICES, COSTS AND TAXES
The prices of the products listed on www.storepharmadus.com are expressed in Euros unless otherwise stated and are guaranteed for the duration of their validity and regardless of the destination of the order.
These prices, unless expressly stated otherwise, do not include shipping costs, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.
The final prices of all products, along with their characteristics, offers, discounts, etc., are reflected in each of the articles that appear in the catalogue available on the Web.
The VAT of the shipment will be the higher of the VAT contained in the purchase. That is to say, if all the products carry 10% VAT the postage will have 10% VAT, and if any of the products purchased have 21% VAT the postage will apply 21%.
The shipping costs will be calculated and indicated before the order confirmation, once the products to be purchased have been chosen and the type of shipment has been selected, as the shipping costs may vary depending on the selected transport company. Shipping costs can be estimated by selecting the destination area in the drop-down menu at the end of these Conditions.
The prices of the products may vary at any time. In this case, the price to be applied will be that in force on the date the order is placed. In any case, the final cost will be communicated to the User in the purchase process before the User formalises acceptance.