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E-COMMERCE (PRODUCTS). General contracting terms and conditions

GENERAL CONTRACTING TERMS AND CONDITIONS
Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, «Conditions») through the website theflagpharma.com, owned by THE FLAG PHARMACEUTICALS SL under the trademark THE FLAG PHARMACEUTICALS SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by THE FLAG PHARMACEUTICALS SL. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. [NomERF]] will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal in case he/she requests it.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

  • Has read and understood the above.
  • Is a person with sufficient capacity to enter into contract.
  • Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is THE FLAG PHARMACEUTICALS SL, with registered office at RONDA GENERAL MITRE, 126 - 6 08021 BARCELONA (Barcelona), tax identification number B87544649 and customer service telephone number 935001901.

And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the delivery of a specific product, in exchange for a certain price which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.

The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Online claims and dispute resolution.
  5. Force majeure.
  6. Competency.
  7. General information of the offer.
  8. Price and period of validity of the offer.
  9. Shipping costs.
  10. Payment methods, charges and discounts.
  11. Purchase process.
  12. Suspension or termination of the contract.
  13. Guarantees and refunds.
  14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES

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

The seller commits itself to not allowing any illegal transaction, or any transaction that could be considered as such by credit card issuers or acquiring bank, that could or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the programmes of the card issuers: the sale or offer of a product or service that doesn’t fully conform with all the laws applicable to the Purchaser, Issuing Bank, Seller and Holder of the card or cards. In addition, the following activities are also explicitly prohibited:

  • Sale of medicines

Article 10 – General information
1. Notwithstanding the requirements regarding information that are established in the current regulations, the company’s information service provider is obliged to put in place all those measures that enable both the recipients of the service and competent organs to have permanent, easy, direct and free electronic access for both the recipients of the service and competent organs to the following information:

  • Cancellation of orders (see section 3. Right of withdrawal)
  • Return and refund (see section 13. Guarantees and returns)
2. SHIPPING AND DELIVERY OF ORDERS

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

Shipment of goods will usually be made using EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination indicated by the USER.

Failure to carry out the remote contract

In the event of not being able to execute the contract because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.

The delivery time is usually between 2 and 5 working days, depending on the place of delivery and chosen payment method. This period is established providing that the availability of the product has been confirmed and the full payment for the order has been verified.

The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.

In the event that the contract does not involve the physical delivery of a product, but a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.

3. RIGHT TO CANCELLATION

The USER has the same rights and time limits for returning a product/requesting a refund and/or for lodging a complaint due to possible defects in either the product or service, both on- and offline.

The USER has a period of fourteen natural days, starting from the date that they receive the product or from the signing of the purchase agreement in the case of a service being provided, to exercise their right to cancellation, as set out in article 102 of the Royal Legislative Decree 1/2007 dated 16 November (henceforward written RDL, 1/2007), through which the consolidated text of the General Law for the Protection of Consumers and Users and complementary laws was approved. If the PROVIDER doesn’t not comply with its obligation regarding information and documentation about the right to cancellation, the period in which this right can be exercised will end twelve months after the expiry date of the initial cancellation period, in accordance with article 105 of the RDL, 1/2007.

The right to cancellation will not be applicable to those contracts referred to and listed in article 103 of the RDL, 1/2007.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

  • Postal address: THE FLAG PHARMACEUTICALS SL, RONDA GENERAL MITRE, 126 - 6 08021 BARCELONA (Barcelona)
  • Teléfono: 935001901
  • Mail: admin@theflagpharma.com
Online Dispute Resolution (ODR)

In accordance with Article 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 through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately 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 shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6. COMPETENCY

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

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

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

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER are subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of THE FLAG PHARMACEUTICALS SL or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

In light of continuing technological advances and improvements to the products, the PROVIDERS reserves the ability to modify its specifications regarding the information provided in its advertising, so long as it doesn’t affect the value of the products on offer. These modifications will also be valid in the event that, for whatever reason, the possibility of supplying the products on offer is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

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

Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

Once the order has been placed, prices will be maintained regardless of whether the products are available.

Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent in paper format together with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. In the event that the user wishes to receive it by e-mail, they must request it by any of the means that the PROVIDER makes available to them, informing them that they may revoke this decision at any time.

For any information about the order, the USER may contact the PROVIDER’s customer service by calling 935001901 or by emailing admin@theflagpharma.com.

9. SHIPPING COSTS

The prices displayed in the shop do not include shipping or communication expenses, installation or download or additional services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated when saving the cart or estimate, since they are calculated by the weight of the products and the delivery address.

The maximum shipping rate (VAT included) applied is as follows:

  • Spain up to 2 kg: 6.75€ + VAT
  • Spain > 2 kg up to 10 kg: 8.32€ +VAT
  • Spain > 10 kg: 9.76€ +VAT
  • Outside of Spain up to 2 Kg: 8.72€ +VAT
  • Outside of Spain > 2 kg up to 10 kg: 11.22€+VAT
  • Out of Spain > 10 kg: 12.36€+VAT
10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:

  • Credit card: no discounts or charges will be applied
Security measures

The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASE PROCESS

Cart (budget simulation)

Any product from our catalogue can be added to the cart. In the cart you can only view the products, quantity, price and total cost. Once the cart has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.

Carts have no administrative link, it is only a section where you can simulate an order without any commitment from either party.

Follow the steps below to correctly place an order from the cart:

  1. - Confirm billing details.
  2. - Confirm shipping address.
  3. - Select payment method.
  4. - Place your order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.

Orders (purchase requests)

In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of their order and the dispatch date and/or approximate delivery date.

12. SUSPENSION OR TERMINATION OF THE CONTRACT

All the products offered through the website are completely original, except if otherwise indicated in their description. They all have a guarantee period of two years, in line with the criteria and conditions described in the Royal Legislative Decree 1/2007, dated 16 November, by which the consolidated text of the General Law for the Protection of Consumers and Users and complementary laws was approved.

13.GUARANTEES AND REFUNDS

Guarantees will correspond with what’s regulated under the Section referring to “Post-sale guarantees and services” in the Royal Legislative Decree 1/2007, dated 16 November, by which the consolidated text of the General Law for the Protection of Consumers and Users and complementary laws was approved, and which can be seen by clicking here.

14. APPLICABLE LAW AND JURISDICTIONN

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.