General terms of sale

These general terms of sale and the contractual relationship between Dra Escoda Medicina Estetica SLPU and the Purchaser shall be governed by the provisions of Spanish law. In case of dispute, the parties shall endeavour to reach an out-of-court settlement prior to the commencement of any action in court.

Legal notice

URL: https://www.clinicaescoda.com

Published by Dra Escoda Medicina Estetica SLPU, CIF B-67541375, registered office Rambla de Catalunya 60, pral 1ª, 08007 Barcelona, acting in the name and on behalf of its brand.

Customer service: 932 892 131
Contact e-mail: hola@clinicaescoda.com

Welcome to the website https://www.clinicaescoda.com (the “Website”).

Please read carefully these general terms of sale (the “GST”), as well as the Legal Notice and Privacy Policy that oversee your browsing activity on the Website and our relationship with you in the event that you place an order through the Website (the “Products”).
As used in these T&Cs, the terms “You” or “Buyer” means the person browsing the Site and/or ordering any Products through the Site; “We” or “Seller” means the company identified in the legal notice above; the Buyer and Seller are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
These T&Cs shall apply solely to the exclusion of all other terms of sale, whether applicable to sales through retail stores or any additional distribution or marketing channel.
Subject to applicable laws and regulations, it is hereby specified that confirmation of a purchase order as outlined in these T&Cs shall constitute an electronic contract between the Parties and valid evidence between the parties of the entire order and all amounts due and payable under such order.

TABLE OF CONTENTS

1. TERMS OF PURCHASE
2. PRODUCTS – PRICES
3. SAVING AND CONFIRMING AN ORDER
4. PAYMENT
5. DELIVERY AND RECEPTION
6. LEGAL GUARANTEES
7. RETURNS POLICY
8. DISPUTE RESOLUTION AND APPLICABLE LAW
9. PERSONAL INFORMATION
10. MISCELLANEOUS PROVISIONS

1. Terms of Purchase

All products offered through the Web are intended exclusively for persons who (i) are adults (or, if they are minors, are authorized by their legal representative to place an order through the Web); and (ii) have full legal capacity to place orders via the Web. We hereby reserve the right to request from time to time that you provide us with proof of age and/or authorization from the aforementioned legal representative. We reserve the right not to respond to an order and/or to exclude from our database of Customers or potential customers any Purchaser who does not comply with such request or does not meet the requirements articulated in this section.
It is hereby specifically stated that the Products are intended for the personal and private use of the Purchaser, which must not be related to his professional activity, including the resale of any Product. To this effect, it is hereby specified that the amount of any order may not exceed one thousand euros. It is further specified that any given Acquirer may only order up to a maximum of ten units of any particular reference per order. Furthermore, orders per Product containing alcohol (e.g. perfume) are restricted to 400 ml per order.
Finally, any particular Purchaser may place an order only up to one thousand euros per order. Any order exceeding the aforementioned amount/number may be considered invalid.

2. Products – Prices

a) Products
The products offered for sale through the Website will be those shown on the Website on the date on which the Purchaser browses the Website.
The Purchaser is hereby informed that any photographs and texts used to illustrate the Products may vary over time.

b) Unavailability of Products
If a Product is not available, you will be informed of such unavailability and the cancellation of the order:
– During the ordering process: a notice will be displayed indicating that the desired Product is temporarily unavailable.
– Once the order is confirmed, you will be informed by e-mail of the cancellation of the order.

c) Prices

Prices will be indicated in Euros (€). Prices shall include the corresponding discounts and the VAT applicable on the date of the order. Any change in the applicable VAT rate will be reflected in the prices of the Products.
The prices indicated for the Products do not include handling or delivery costs, which will be specified before the order is confirmed and will be charged as additional costs. Such costs will be charged on each order at the amounts indicated below.

4,50 € for shipments to the Spanish Peninsula.
6,50 € for shipments to the Balearic Islands.
11,99 € for shipments to Andorra.
FREE for orders over 80€.
FREE pick up at the Medical Center

Shipments are restricted to the Spanish Peninsula, Balearic Islands and Andorra. The Canary Islands, Ceuta and Melilla are excluded.

The Seller reserves the right to modify prices from time to time, provided that, notwithstanding the foregoing, the Products will be charged according to the price list applicable at the time the order is placed.

3. Saving and confirming an order

a) Order Terms

To place an order, the Purchaser must first access the Site.
The Purchaser may then view the various Products offered for sale on the date he/she browses the Site and select his/her Products (i) by browsing the various Product categories; or (ii) by directly typing the Product name in the search engine: or (iii) by clicking on a page of the Site map at the bottom of the Site, thereby accessing the full range of Products.
While browsing the Site, the Purchaser may, if he/she so wishes, place an order by simply clicking on the designated button to add a Product to the shopping cart.
Once he/she has done so, the Purchaser will see indicated the number of Products contained in his/her shopping cart. It is hereby specified that the contents of the shopping cart may be subject to a maximum session inactivity time.
The Purchaser may then continue to browse or click on his shopping cart to view the contents of the shopping cart on screen, including all items ordered and the main features of each Product, the total amount of the order, billing and delivery details, delivery period, applicable delivery costs and restrictions, as well as legal rights and warranties available to the Purchaser.
The Purchaser may return to such order, as well as complement, modify or cancel it until it is finally confirmed. If the Purchaser wishes to select any additional Product(s), he/she may continue to browse the Website with the assurance that the Product(s) selected will be duly saved in his/her shopping cart.
When he/she has finished selecting the Products, the Purchaser may order them by clicking on the button assigned for this purpose. A new page will then be displayed asking the Purchaser to:
– enter his/her user name (e-mail address) and password, if already registered on the site; or
– Accurately complete the personal data collection form by entering the information in the required fields, including Last Name, First Name, Email Address, and Billing Address (where deliveries can be made from Monday to Friday).
The Purchaser agrees to complete in good faith the form provided for this purpose. The Purchaser acknowledges that the data disclosed to the Vendor and stored in the computer systems of the Vendor or its subcontractors are correct and constitute valid proof of its identity. It is hereby stated that such personal data shall be governed under the Privacy Policy.
Once the content of his order has been checked, the Purchaser will be asked to:
– click on the button designated for this purpose to access the payment of his order following the terms set out in these GTCs; or
– click on the dedicated button to modify his/her shopping cart and/or personal contact information;

Before clicking on the assigned button to access the payment of his order, the Purchaser will be required first to read the present T&C and then to accept the same by performing an action to confirm such acceptance required on the Site (by ticking a box, for example).
Once the Acquirer has confirmed its acceptance of these T&Cs, a Web site dedicated to the payment of the order will be opened. Each and every order placed under these T&Cs entails the obligation of payment, which implies that the placing of an order requires the Purchaser to make a payment.
The Purchaser shall then proceed to make payment for its order under the terms outlined in these T&Cs.
It is hereby noted that, upon selecting payment by credit card, the Acquirer will be automatically connected, according to Section 4 below, to a payment service provider’s server. The payment service provider’s server shall be equipped with SSL (Secure Socket Layer) encryption protocol in order to protect, as efficiently as possible, all data relating to payment methods and to ensure that the Acquirer’s bank details do not circulate at any time through the Seller’s computer system. Therefore, the latter assumes no liability.
The Seller’s computerized records or other data recorded in its possession shall constitute valid proof of all transactions carried out between Seller and Purchaser.

b) Order Confirmation
Upon confirmation of the order and validation of the associated payment by the terms set forth below, a printable and downloadable summary of the Purchaser’s order will be displayed, including, but not limited to, the order reference.
An order confirmation message will be sent promptly to the email address provided by the Buyer, including, but not limited to, the following information:
– Identity and contact details of the Seller;
– The reference to the order recorded at the time the order was placed;
– a summary of the order and the main characteristics of the Products;
– the delivery period, costs and restrictions, if any;
– the total amount of the order, including taxes;
– legal rights and guarantees available to the Purchaser;
– confirmation of payment;
– these General Terms of Sale;
– the withdrawal form
The Seller shall retain ownership of the Product(s) ordered until it has collected the full price and any additional costs, including shipping costs. In the event of non-payment, the Buyer agrees to return, at its own expense, to the Seller, the Products received at the Seller’s request.
In order to protect the Seller against any abusive practices of fraudsters and in case the Seller or the online payment service provider suspects a possible fraudulent order, they reserve the right to ask the Buyer (before processing the order) to provide additional documentary evidence (including the identity document of the Buyer) as to check whether or not there is fraud.
If the Acquirer does not respond within fifteen (15) days of the Seller’s or the online payment service provider’s request, the order will be cancelled and the Seller will not receive any payment. If payment for the order has already been received, the Seller will return it within fourteen (14) days after the end of the above period, by the same payment method as the one used by the Acquirer.

c) Order Evidence
Seller and Purchaser hereby expressly agree that e-mail messages shall constitute valid evidence between the Parties, as well as any automated registration systems used on the Web, in particular concerning the type and date of the order.
The Purchaser may, where applicable under the rules of ordinary law, access the electronic contract between itself and the Seller by contacting the Consumer Service hereunder and providing all information required for this purpose, including the order number and its contact details.

4. Payment

The amount to be paid by the Purchaser shall be the amount indicated in the order confirmation displayed on the dedicated website and subsequently sent by email to the Purchaser by the Seller.
The Acquirer is offered the following payment option upon confirmation of its order as indicated above.
Payment can be made
– upon placing the order, via the Internet, by Credit Card (Visa, Amex, MasterCard, Maestro).
The order will not be approved by the Seller unless and until (i) the Purchaser accepts the TGV; (ii) the validity of the payment is checked and confirmed; and (iii) the confirmation of acceptance of the order has been sent to the Purchaser.
In any event, Seller reserves the right to reject any order or delivery in the event that (i) any of the limits outlined in the “Terms of Purchase” Section hereof are exceeded; (ii) there is any dispute with Acquirer; (iii) there is any non-payment of all or part of any order by Acquirer; (iv) a credit card payment authorization is denied by banking institutions; (v) there is any non-payment or only partial payment is made.

5. Delivery and Receipt

a) Terms of Delivery
When the order is ready, it will be shipped to the postal address entered by the Purchaser in his order.

Delivery Spanish Peninsula: Orders placed before 13h will be received the next working day at your home address.

Delivery Balearic Islands: Orders placed before 13h will be received in two working days at your home.

Delivery Andorra: Orders placed before 13h will be received at your address within two working days.

The Products will be shipped via a special service provider (hereinafter referred to as the “Carrier”). If the Purchaser is not at home, the Carrier will leave a delivery notice in the Purchaser’s mailbox. The Purchaser will then contact the Carrier to arrange a new delivery date.
The Purchaser is advised that any particular package will be retained by the Carrier for a period of fifteen (15) days from the initial delivery attempt.
The Canary Islands, Ceuta and Melilla are excluded from these general terms of sale.

b) Delivery Time
Orders paid by credit card will be processed within fifteen (15) business day(s).
It is specified herein that an order will not be shipped unless and until it has been properly processed.
When the order is processed, the applicable Products will be shipped and delivered by the Carrier within the periods indicated below:
– Express home delivery: 1-2 days
Business days mean any day other than Sundays and national holidays.
The order shall be completed in any event not later than thirty (30) days from the day after the date following the day of confirmation of the order by the Purchaser, subject to full payment of the price and compliance with all the terms of purchase described in the “Terms of Purchase” Section of these GTC.
In the absence of delivery by such deadline, the Buyer shall have the right to cancel its order under the terms stated in the “Late Delivery” Section below.

c) Late Delivery
In the event of late delivery (i.e. after the specified delivery period has elapsed or, where not indicated, after the maximum delivery period of thirty (30) days from the order confirmation), the Purchaser shall communicate such delay to the Seller by e-mail to shop@draescoda.com to enable the Seller to make inquiries with the Carrier.
If the order is recovered during such inquiries, it will be immediately redirected to the delivery location indicated on the order. However, if the loss of the order is confirmed following such inquiries, the Seller shall, at its own expense, either re-deliver the Product(s) to the Buyer or, in the event of permanent unavailability, refund to the Buyer all amounts paid by the latter (including delivery costs), by the same method of payment as that used by the Buyer.
In any case, if the late delivery exceeds ten (10) working days from the e-mail message from the Purchaser communicating the delay, for reasons other than force majeure, the Purchaser shall have the option to cancel his order by informing the Customer Service Department to that effect.
If the Purchaser exercises its option under the terms outlined in Section 5.c, the Seller shall not charge the price of the order.
If payment for the order has already been received, Seller shall refund to Buyer all amounts paid by Buyer (including delivery charges) by the same method of payment as used by Buyer, within fourteen (14) days of receipt of its notice of cancellation, to the exclusion of all other forms of compensation.

d) Reception
Delivery will be deemed to have been made as soon as the Carrier makes the Product(s) available to the Purchaser or a third party designated by the latter. It will be the responsibility of the Purchaser to verify the conformity and integrity of the Product(s) delivered immediately upon receipt thereof.
Any defect/reserve identified at the time of delivery (including any late delivery, shortage or damage to the Products) will be noted exhaustively and accurately by the Purchaser and will be communicated as soon as possible to the Consumer Service of the Seller (shop@draescoda.com).

6. Legal guarantees

The Seller will be required to deliver a Product per the order placed by the Purchaser and will be responsible for any lack of conformity that may exist upon delivery thereof.
In this regard, for compliance purposes under the contract, the Product:
1° It will be suitable for the use that can, in general, be expected of a similar Product and, where appropriate:
– will match the description given by the Seller and will have identical qualities to those shown to the Purchaser in any sample or model;
– will have the qualities that any Purchaser can legitimately expect based on public statements made by the Seller, the producer or the manufacturer or their representatives, including any advertising or labeling; or
2° It will meet the specific characteristics that may have been defined by mutual agreement between the Parties or will be suitable for any specific use that the Purchaser may intend and that the Purchaser has made known to the Seller and that has been accepted by the latter.
Likewise, the Seller must guarantee all items sold against any hidden defects that may make them unfit for their intended purpose or that may restrict their use in such a way that the Purchaser would not have purchased them (or would have done so, but at a lower price) if they had known about these flaws.

7. Return Policy

8. Dispute resolution and applicable law

For any questions, please contact our Consumer Service: 932 892 131 from Monday to Thursday from 10:30 a.m. to 8 p.m. and Fridays from 10:30 a.m. to 3 p.m.
These General Terms of Sale will be governed by the laws of Spain, subject to the Courts of Barcelona.

9. Personal data

a) Personal data:
All personal information (personal data) marked with an asterisk and collected for the purposes of mail orders is mandatory, as such information is necessary for processing and delivering orders and issuing invoices. Said information will be strictly confidential and solely for use by the Seller or its subcontractors under identical obligations, for the exclusive purpose of processing orders following the Privacy Policy.
The Purchaser may exercise the rights contained in said Privacy Policy by sending a message and his or her identification document to the Seller’s Consumer Service.
The Purchaser may receive informational emails from the Seller about the Products and the latter’s activities if they express their consent in advance by checking the appropriate box for this purpose. The Purchaser will retain the right to reject such communications, either previously by not expressing their consent at the time of order confirmation, or subsequently by declaring his refusal by email.

b. Cookies
The Website uses cookies. Cookies are computer files that are stored on the hard drive of the Acquirer’s computer. For additional information about the use of cookies on this Website by the Seller, please read the available report.

10. Miscellaneous provisions

a) Force Majeure
Neither Party will be held liable for failure to perform all or any part of its obligations contemplated in these TGVs when such failure is due to force majeure.
Force majeure will mean any event that meets the criteria defined by the jurisprudence established by the Supreme Court and the applicable legislation.
Any party alleging a case of force majeure will notify the other Party within five (5) business days following the event giving rise to said case of force majeure. Employing this document, the Parties agree that they will meet as soon as feasible in order to establish by mutual agreement the terms of execution of the order during the event of force majeure. If the interruption caused by force majeure persists for a period of one (1) month or more and the Seller is unable to fulfil the order, the Seller will make a refund to the Purchaser, as appropriate.

b) Partial Disability
In the event that any of the provisions contemplated in these TGVs are declared invalid or such invalidity is determined by the application of any law or regulation or by a final resolution issued by a court of competent jurisdiction, all other provisions will remain in force and effect.

c) Integrity of the TGV
These TGV and the summary of the order sent to the Purchaser will constitute a single contract and will reflect the entire agreement between the Parties.
In the event of any discrepancy between any of said documents, the provisions of these TGV will prevail.

d) Modification of the TGV
It is specified here that the Acquirer will be authorized to save or print these TGV, as long as he does not make any modifications to them.
The applicable TGV will be accessible at all times through the “General Terms of Sale” label present on each page of the Website.
The Seller may update these TGVs at any time. These updates will be subject to the display of a prior notice to this effect on the Website.