GENERAL CONDITIONS OF PURCHASE WEBSITE / APP
These General Conditions of Purchase apply to the purchase of products which PROSER SISTEMAS MÉDICOS, SL. (“PROSER”), sells through the website found at the URL www.prosermedicalparts.com (the “Website”) and the mobile application ‘PROSER’ (the “App”) to any user (“Customer”).
- The identification data of PROSER is the following:
- Business Address: C/ ALONSO QUIJANO, 6 – 28034 MADRID
- C.I.F no: B39545678
- E-mail: info@prosersm.com
- Telephone: (+34) 913.005.503
The purchase of products offered through the Website / App implies the acceptance of the terms and conditions set out in these General Conditions of Purchase, therefore before proceeding to accepting, please read them carefully. If you do not accept the present General Conditions of Purchase, the purchase will not proceed and, consequently, will not entail any obligation or responsibility from the part of PROSER.
When completing an order via the Website / App, the Customer claims to be over 16 years old and have the legal capacity to purchase through the Website.
To complete a purchase order, the Customer must follow each of the steps in the purchasing process set out on the Website / App.
PROSER reserves the right to make changes to the content or scope of the General Conditions of Purchase at any point, without needing to communicate this or give notice, so it is important to read the content carefully as it is the Customer’s responsibility to review the General Conditions of Purchase prior to purchasing any product from the Website / App.
Customer Registration
To begin the purchasing process for any product from the Website / App, the Customer must register in the “Sign up” (or as “guest”) section of the Website or in the “Create an Account” section of the App. In later purchasing processes, in the event that the Customer has already registered they will only have to provide their email address and password in the “My Account” section.
Price and Payment Method
The price of the products will be that which appears in the chosen currency next to each product on the Website. The sales prices indicated on our Website are shown as follows:
- If the Customer lives in the European Union, all of the prices include VAT.
- If the Customer lives outside the European Union, the prices do not include VAT. However, the Customer will be responsible for any local tax, importation or customs fee payment upon the arrival of the shipment to its destination, when applicable.
Delivery costs are not included in the price of the products and are the responsibility of the Customer, unless the order comes with free delivery. These delivery costs will be added to the total cost of the selected items so that the Customer will be able to consult this at all times in the shopping bag before confirming the order and completing the purchasing process.
PROSER reserves the right to carry out, at any point and without notice, any amendments considered appropriate, being able to update frequently the products and prices. The applicable price for the order made by the Customer will be that which is given at the time of accepting the General Conditions of Purchase.
The Customer will be able to pay for their order through any of the following payment methods:
• Card Payment The Customer must include the debit/credit card number (Visa, Visa Electron and Mastercard), as well as all other additional information which is required from them during the purchasing process. The payment will be taken as soon as it is accepted by the Customer’s financial entity since, otherwise the purchase will not be able to go through.
When you add a new payment method during checkout, we will automatically save this information in your Account so that it can be used for future transactions. To this end, the customer authorizes PROSER to administer the storage of their payment method data and to make charges by means of this method. The payment method data is stored by Adyen BV as a payment processor according to the standards and regulations in force in the payment industry.
The customer is solely responsible for the accuracy of the payment method information and therefore PROSER is not liable for any loss the customer may suffer as a result of incorrect payment method information provided.
• Payment through bank transfer to the account number shown on the Website / App owned by PROSER, the Customer must indicate their order number. Any applicable bank charges will be the responsibility of the Customer.
• Deferred Payment: Via the option “Pay later” it is possible to defer the payment of the purchase with interest (only on the Website).
The purchase confirmation will be available and will be visible in the “My account” area. From this area, the Customer will also be able to download the invoice of the order. For any query or enquiry about billing, The Client can report to our Customer Service department.
Once the purchase process is complete, an electronic confirmation will be generated, attached to a copy of the General Conditions of Purchase which the Customer may print, saving automatically in the "My account" section.
PROSER has high security measures. Also, the payment process works upon a secure server using SSL (Secure Socket Layer). The secure server establishes a connection by transferring the information coded in 128 Bits algorithms, which ensure it is only intelligible for the Customer’s disposition. In this way, by using SSL we guarantee:
a) That the Customer is sharing their data with PROSER and nobody else.
b) That between the Customer and PROSER’s server, the information is transferred coded, avoiding the possibility of it being read or manipulated by third parties.
PROSER has implemented a programme to detect possible fraudulent activity and reserves the right to request information, confirmation or additional documents from the Customer, even after having made one or more purchases through the Website / App, via phone call or email, with the aim of confirming that the Customer has effectively carried out and authorised said purchase and/or that the delivery or return of that has been carried out correctly and in that way authorise the respective transaction.
PROSER will be able to formulate various checks via telephone about the Customer’s identity, or even request: (a) written confirmation and authorisation signed by the Customer responsible for the respective purchase; (b) a copy of the Customer’s valid photo ID to confirm their identity. PROSER is obligated to save said information and documents under high security measures, in compliance with current regulation.
In the event that the Customer does not respond favourably or does not send PROSER the documentation and information requested within 48 hours from the time of the phone call or the email being sent by PROSER, the transaction detailed in said communication and the respective order will be cancelled, without the need to give prior warning nor the responsibility of PROSER, proceeding to reimburse the Customer the amount paid in respect to said purchase.
This verification process is carried out for the security of the Customer and therefore by accepting the present General Conditions of Purchase, the Customer agrees to undergo the procedure mentioned, to detect possible fraudulent activity and authorises PROSER, to use any additional information and documentation that the Customer may provide, in future purchases.
Delivery of Products
Once PROSER has verified that the purchasing process has been correctly completed, they will proceed to deliver the products using the address given by the Customer in the purchasing process, during normal business hours and within the time scale stated on the Website / App, which will never exceed 30 days after the Customer’s order is accepted.
PROSER will be able to inform the Customer, via email, the date the order is dispatched from PROSER’s warehouse and the contact information of the transportation company in charge of the delivery.
The delivery will take place within approximately 72 hours and will be considered complete as soon as the product is handed over to the Customer at the place indicated by the Customer or at the relevant collection point.
The risk of the products (loss, damage or theft among others) will be transferred to the Customer at the moment they are handed these.
In the event of any incident relating to the delivery of products, PROSER will appropriately and immediately inform the Customer.
If the Customer wishes to make changes to the delivery address, after making the purchase, they will be able to do so as long as the order is "Pending delivery". PROSER will not be responsible for mistakes or damages caused during delivery when the delivery address provided by the Customer does not exist, is incorrect or when the change of address requirements previously laid out are not met. PROSER will be able to carry out the delivery of products in several dispatches.
If, at the moment the products are delivered to the address given by the Customer, the Customer is found to be absent or nobody collects the product, the Customer must contact PROSER as soon as possible to arrange a new delivery date. If the delivery has not been completed for reasons unrelated to PROSER or the transport company, the products will be returned to PROSER and the Customer will have to assume the costs for delivery and return as well as any possible administration costs associated.
Upon delivery, the Customer or recipient must show identification documentation to the carrier, verify the condition of the package and sign the delivery note, noting (in the format presented by the carrier) any observations and any concerns noted at that moment (for example, missing packages or apparent damages or handling to the products or packaging). If the delivery note is presented in paper format, the Customer must request a copy of this from the carrier.
If, upon opening the packages, the Customer sees that the products are damaged due to transport, that there is a mistake or that there are products missing, they must communicate this in writing to PROSER within five (5) calendar days from the delivery date, so that PROSER can act accordingly.
All purchase orders are subject to the availability of products. If the products ordered are not available, PROSER will communicate this to the Customer and may offer them another product similar in character, of equal or superior quality, although the Customer, will be able to cancel the purchase order and recover the amount paid within thirty (30) days if they prefer.
Withdrawal
The Customer has fourteen (14) calendar days from the receipt of the product to exercise their right to withdraw without this entailing any additional costs for the Customer.
Notwithstanding the above, the Customer will not be able to withdraw under the following circumstances:
a) Products designed to the Customer’s specifications or that are clearly personalised.
b) Pre-sealed products which are not suitable for return for hygiene or health reasons and which have been unsealed after delivery.
To exercise the right to withdraw, the Customer must complete the Withdrawal Form and send the returning product alongside the instructions, documents and packaging.
Once the right to withdraw has been exercised correctly, and within fourteen (14) calendar days from the receipt of the Withdrawal Form and of the product. PROSER will make a payment of the invoice issued originally and refund the full amount for the purchase and the delivery costs.
The Withdrawal Form can be found below: Take into account that the following form should only be completed and sent if the Customer wishes to withdraw from the contract. I hereby express my wish to withdraw from my contract of sale of the following goods:
Order received on: / /
Order Number:
Name and Surname:
Email used to make the order:
Address: Signature: (Only for paper communication)
Date: / /
Returns
Notwithstanding the prior mentioned right to withdraw, you will have 365 days from the receipt of your order to request a return (or size change). In order to process this, you must access the area My Account > My Orders > Select Order > Return or Size Change, stating the reason for this, selecting the products you wish to return and confirm the process. Subsequently, you will receive a delivery note via email which you must print and send inside the box. If you have difficulty with any of these steps you can contact Customer Service (info@prosersm.com)
If the return is being processed from the Canary Islands or from outside of the EU, you must also include the customs declaration (CN22 and/or CN23) on the outside of the package. Failure to complete this step may result in the refusal of the goods through customs and their subsequent return to the sender.
Before returning the order, please make sure you contact the tax authorities of your country to confirm that you will be returned the importation taxes.
You may use the same box or envelope that the product was delivered to you in or in its absence you may use similar packaging to guarantee the perfect condition of the product during delivery.
The right to return is subject to the following conditions:
- The products must be returned in the same condition that they were received, unused, in their original packaging, with labels attached and without damages.
- Articles with specified expiry dates (such as nutrition products) are exempt from the 365 days returns policy.
- The option to return items does not apply to gift cards.
Upon receipt, PROSER will check in their warehouse if the article is correct, reserving the right to not make the refund if the returned item is found to be different from that which was sent or if the return has not been carried out in compliance with the present Conditions of Sale.
The cost of the return will be the responsibility of the Customer except when the items are faulty. It is advised that you use a delivery method which includes delivery confirmation. As soon as PROSER receives the returns to their warehouses, they will check that the items are correct and process the relevant payment. This process may take up to 14 calendar days and if everything is correct, the payment for the returned item will be processed through the payment method within forty-eight (48) hours form the confirmation of the arrival of the order to the warehouse.
The refund will be issued within seven (7) calendar days for debit cards and thirty (30) for credit cards. If the payment was made by bank transfer, the Customer will have to provide the account number of the account in which they wish to receive the refund and it may take up to two (2) working days for the money to appear in the Customer’s account.
In partial order returns, the price of the returned items will be refunded but not the delivery costs.
To return bulky items, please, contact our Customer Service team, or read the relevant section.
When carrying out a return, the only available option is to send the items to the given returns address.
When returning faulty items, the Customer will have the right to be refunded the price of the product, delivery costs and the postage costs for the return of the faulty items or items received which do not correspond with the items that the Customer ordered, in compliance with the governing law.
Complaints and Claims
The Customer must contact PROSER, via the means indicated at the beginning of the General Conditions of Purchase, to express their complaints or make a claim. PROSER agrees to respond to these as quickly as possible, or at most, within one month from them being put forward.
Guarantees
The guarantee of the products sold through the Website / App will be laid out in accordance with current legislation and, therefore, generally speaking, PROSER will respond to the faults reported by the Customer within two (2) years from the delivery of the items.
Specifically, if the product sold by PROSER is not apt, the Customer will be able to choose whether to repair or replace the product (except if one of these options is impossible or undue) or alternatively, between a reduction in the price or the resolution of the contractual relationship in accordance with current legislation. In any case, the Customer must inform PROSER of the fault within two (2) months after discovering this. PROSER will take responsibility for the postage costs for the return of the items in cases of this kind.
Nevertheless, items will be understood as acceptable and therefore not be covered by the guarantee when:
a) The damages to items sold by PROSER are caused by factors unrelated to the manufacturer or PROSER or, if applicable, those acting under their responsibility (force, accident, etc.) or due to the incorrect manipulation and/or installation of the product by the Customer; and
b) The damages to items sold by PROSER have resulted from a component which was not provided by the manufacturer or PROSER or is a consequence of alterations or repairs made by people unrelated to the manufacturer or PROSER or, if applicable, those acting under their responsibility.
Online Dispute Resolution
In accordance with Article 14 of Regulation No 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes, PROSER informs Customers that they may submit their claims through the online dispute platform available at the following link: http://ec.europa.eu/consumers/odr
Governing Law and Jurisdiction
The General Conditions of Purchase will be regulated and understood in compliance with Spanish Law. If conflict or discrepancy arises in the understanding or application of the General Conditions of Purchase, the competent courts will be those in possession of the relevant legal framework for matters involving consumers and users.