General terms of purchase

GENERAL TERMS OF PURCHASE

This agreement shall govern the purchase of products and services by means of the website https://www.ozonoysalud.com/, which is owned by PID MEDIOAMBIENTAL S.L., hereinafter the SERVICE PROVIDER.

Acceptance of this document implies that the USER:

  • Has read and understands the statements contained in it.
  • Assumes all of the obligations stated in this document.
  • Has a sufficient capacity to enter into a purchase-sale agreement.

These conditions will be valid for an indefinite period of time and will be applicable to all purchases made by means of the SERVICE PROVIDER's website.

The SERVICE PROVIDER hereby states that its business is responsible and that it is familiar with current legislation in the countries to which it ships its products. It also reserves the right to unilaterally modify these conditions, without this having an effect on the goods or promotions that have been purchased prior to the modification.

Identity of the Parties

The following agreement is concluded between:

The SERVICE PROVIDER of the goods and services purchased by the USER, PID MEDIOAMBIENTAL S.L, located at CALLE ISABEL LA CATOLICA, 1 PLANTA PRIMERA, - 28320 PINTO (Madrid), Spain, with tax ID B81548596, and customer/USER support telephone number 916916663;

AND

The USER, registered for the website by means of a username and password, over which he or she assumes full responsibility and custody, and who is responsible for the accuracy of the personal data provided to the SERVICE PROVIDER.

Purpose of the Agreement

The purpose of the present agreement is to govern the contractual purchase-sale relationship between the SERVICE PROVIDER and the USER that comes into existence at the time that the USER accepts the corresponding checkbox during the online purchasing process.

The contractual purchase-sale relationship involves the delivery of a specific product or service in exchange for a fixed price publicly displayed by means of the website.

Purchasing Procedure

In order to be able to access the services or products offered by the SERVICE PROVIDER, the USER must register for the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data required of him or her, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Spanish Organic Law 3/2018 of December 5 (LOPDGDD), which are detailed in this website's Legal Notice and Privacy Policy.

The USER must select a username and a password, must commit to use them diligently and to not provide them to third parties, as well as to inform the SERVICE PROVIDER of any loss or theft of this username and password or potential access by an unauthorized third party so that the SERVICE PROVIDER can proceed to immediately block them.

Once the user account has been created, the USER shall be informed, in accordance with the requirements of article 27 of Spanish Law 34/2002 on Information Society Services and E-commerce (LSSICE, Ley de Servicios de la Sociedad de la Información y del Comercio Electrónico), that the purchasing procedure will follow the steps indicated below:

  1. General terms of purchase.
  2. Shipment of orders.
  3. Right to desistance.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. General aspects of the offering.
  8. Price and term of validity of the offering.
  9. Shipping expenses.
  10. Payment methods, expenses, and discounts.
  11. Purchasing process.
  12. Applicable guarantees.
  13. Guarantees and returns.
  14. Applicable law and jurisdiction.

1. GENERAL TERMS OF PURCHASE

Except in the event of a statement to the contrary in writing, placing an order with the SERVICE PROVIDER implies that the USER accepts these legal terms and conditions. No statements by the USER are permitted to differ from those of the SERVICE PROVIDER if they have not been expressly accepted in advance by the SERVICE PROVIDER.

2. SHIPMENT OF ORDERS

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

Shipments of merchandise are normally done by courier or regular mail, depending on the destination chosen by the USER. On Saturdays, Sundays, and holidays, no dispatch or delivery of orders will take place. An order is considered to have been delivered at the time that the shipping company hands over the package or packages to the customer and the latter signs the delivery receipt slip.

The dates or delivery times are understood to be approximate, with delays not being considered to be breach of contract.In the event that the SERVICE PROVIDER has not delivered the merchandise 30 days following the delivery date agreed upon, the customer will have grounds to cancel the order and receive a refund for the total amount paid with no expenses, without resulting in any liability due to damages attributable to the SERVICE PROVIDER.

The delivery time is usually between 1 and 9 business days, depending on the destination and the chosen payment method. This is understood to apply only when the availability of the merchandise has been confirmed and the full payment for the order has been verified.

The SERVICE PROVIDER assumes no liability when the delivery of the product or service cannot be carried out because the data provided by the USER is false, incorrect, or incomplete.

The delivery will be considered to be complete at the time when the shipping company has given the products to the USER, and when the USER or his or her authorized representative has signed the delivery receipt slip.

It is up to the USER to verify products upon receipt and to inform of any problems or claims that may be justified in the delivery receipt slip.

In the event that the purchase does not involve the physical delivery of a product but rather products that are directly downloaded from the website, the SERVICE PROVIDER will inform the USER in advance with respect to the procedure that the USER must follow to complete the download.

3. RIGHT TO DESISTANCE

The USER has the same rights and time frames both online and offline to proceed to carry out a return and/or submit a claim due to potential defects present in the product or service.

The USER has a duration of fourteen calendar days, starting as of the date of the receipt of the product, to return it (article 71 of Spanish Law 3/2014 of March 27). Except in the event that the return is carried out due to product defects, the shipping expenses will be covered by the USER. The product must be returned in its original packaging and in perfect conditions.

The right to desistance shall not apply in the following cases:

  1. If the product is not in perfect conditions.
  2. If the product is not in its original packaging or if this packaging is not in perfect conditions. The original packaging must protect the product in such a way that it is received in perfect conditions. Applying seals or adhesive tape to the product directly is prohibited.
  3. When the product has been opened, making it impossible to demonstrate whether it has been used or not.
  4. To software applications that have been directly downloaded from the portal.
  5. In the case of personalized products or products which due to hygienic reasons or other legally-established exceptions are not subject to this right. Cosmetic products are not permitted to have been used or opened for hygienic reasons.

All returns must be communicated to the SERVICE PROVIDER by email at asp@aspasepsia.com or by telephone at 916916663, indicating the invoice or order number.

After informing the SERVICE PROVIDER, the USER must follow the instructions indicated by the customer service department and send the product to the SERVICE PROVIDER, covering the shipping expenses, to the address PID MEDIOAMBIENTAL S.L., CALLE ISABEL LA CATOLICA, 1 PLANTA PRIMERA, - 28320 PINTO (Madrid), Spain.

4. CLAIMS

Any claims that the USER may have will be addressed as quickly as possible, and can be made via the following contact addresses:

Mailing address: PID MEDIOAMBIENTAL S.L., CALLE ISABEL LA CATOLICA, 1 PLANTA PRIMERA, - 28320 PINTO (Madrid), Spain. Telephone: 91691663 Email: asp@aspasepsia.com

Online Dispute Resolution

In accordance with article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform to resolve disputes between the USER and the SERVICE PROVIDER online, without the need to call upon the courts, by means of the intervention of a third party called the dispute resolution body, which acts as an mediator between the parties. This body is neutral and will dialogue with both parties to come to an agreement, and is ultimately authorized to suggest and/or impose a resolution to this dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not be liable in cases of inability to comply with the agreement due to force majeure. Compliance with the obligation will be postponed until the case of force majeure comes to an end.

6. COMPETITION

The USER is not permitted to assign, transfer, or transmit the rights, responsibilities, and obligations taken on as a part of the sale.

If any provision of these conditions were to be deemed invalid or impossible to comply with, the validity, legality, and compliance with the remainder of provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he or she has read, is aware of, and accepts the present General Conditions in their entirety.

7. GENERAL ASPECTS OF THE OFFERING

All of the sales and deliveries carried out by the SERVICE PROVIDER shall be understood to be subject to the present General Conditions.

Any modifications, alterations, or agreements contrary to the Business Offering of PID MEDIOAMBIENTAL S.L. or the provisions stipulated here will be considered invalid, except in the event of an express written agreement signed by the SERVICE PROVIDER, in which case the specific agreement will prevail.

Given the continuous technical progress and improvements in products, the SERVICE PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising so long as it does not affect the value of the products offered. These modifications will also be valid in the event that due to any reason the possibility of supplying the products offered is affected.

8. PRICE AND DURATION OF VALIDITY OF THE OFFERING

The prices indicated for each product include value added taxes (VAT) or other taxes that could be applicable.Except in the event of express indications to the contrary, these prices do not include shipping, handling, or packaging expenses, delivery insurance, or any other additional services in excess of the product or service purchased.

The prices applicable to each product are those published on the website, and will be displayed in the EURO currency. The USER acknowledges that the financial value of some of the products can vary in real time.

Before making the purchase, the USER is able to verify all of the details of the budget online, including the articles, quantities, price, availability, shipping expenses, fees, discounts, tax, and the total of the purchase. Prices can change daily so long as the order has not been placed.

Once the order has been placed, the prices will be maintained fixed, regardless of whether products are available or not.

Any payment made to the SERVICE PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name that the USER provided when placing the order. This invoice will be sent along with the product purchased to the email address provided by the USER.

For any information on the order, the USER can contact the SERVICE PROVIDER's customer service department at the telephone number 916916663 or by sending an email to asp@aspasepsia.com.

9. SHIPPING EXPENSES

Prices do not include shipping or communication expenses, installation fees, or additional services, except in the event of an express agreement in writing to the contrary.

Shipping costs will be calculated at the time that the shopping cart or budget is saved, as they are calculated based on the weight of the products and the delivery address.

For shipments to the Canary Islands, Ceuta, and Melilla, the NIF/CIF of the recipient must be included in the invoice. Potential customs fees and taxes are the responsibility of the buyer when paying the shipping company upon delivery.

For international shipments, the SERVICE PROVIDER is not liable for the customs expenses that could apply nor for the potential retention of the shipment at customs in the destination country due to restrictions on the contents of the package in the destination country, with it being the responsibility of the final USER prior to making the purchase to verify that the products purchased comply with all legal requirements on the local level, as well as to find out which customs fees must be paid in order to receive the product.

The prices indicated as shipping expenses in the shopping cart do not include any types of import taxes, customs duties, or other special taxes in the destination country.

10. PAYMENT METHODS, FEES, AND DISCOUNTS

The SERVICE PROVIDER offers the following order payment methods:

  • Credit or debit card.

11. PURCHASING PROCESS

Shopping Cart (Budget Simulation)


All products in our catalog can be added to the shopping cart. In the cart, only the articles, the quantity, the price, and the total amount will be displayed. Once the shopping cart has been saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.

Shopping carts are not binding in any way. They are simply a tool where it is possible to simulate a budget without any commitment from either party.

From the shopping cart, the USER can place an order by following the steps below to properly formalize the order:

  1. Verify the invoicing data.
  2. Verify the shipping address.
  3. Select the payment method.
  4. Place the order (purchase).

Once the order has been processed, the system will immediately send an email to the SERVICE PROVIDER's management department.

Orders (solicitudes de compra)


In a maximum of 24 business hours, an email confirming the state of the order and the shipment date will be sent.

12. APPLICABLE GUARANTEES

All of the products offered on the website are completely original, except in the event that the contrary is indicated in their description. All have a warranty period of two years in accordance with the criteria and conditions described in Spanish Royal Legislative Decree 1/2007 of November 16 approving the revised text of the Spanish General Law on the Defense of Consumers and Users (Ley General para la Defensa de los consumidores y usuarios) and other complementary laws.

13. WARRANTIES AND RETURNS

The warranty for the products offered will comply with the following articles based on Spanish Law 23/2003 of July 11 on Consumer Good Warranties:

I) Compliance of Products with the Contract


1. Except in the event of evidence to the contrary, products will be understood to be compliant with the contract so long as they comply with the requirements listed below, except in the event that that one of these items is no longer applicable due to the specific circumstances of the case:

a) a) They are in line with the description made by PID MEDIOAMBIENTAL S.L.

b) b) They are suitable for the uses for which products of the same type are typically intended.

c) c) They are suitable for any special use required by the customer when the customer has informed PID MEDIOAMBIENTAL S.L. of this at the time of the signing of the contract, and so long as PID MEDIOAMBIENTAL S.L. has stated that the product is suitable for this use.

d) They have the quality and typical services of a product of the same type that the customer can fundamentally expect, taking into account the nature of the product, and when applicable, the descriptions of the concrete features of the product made by PID MEDIOAMBIENTAL S.L.

e) PID MEDIOAMBIENTAL S.L. describes the details, technical features, and photographs of the products based on information provided by its manufacturers, in such a way that it is not bound by these public declarations.

2. Defects resulting from the incorrect installation of a product will be considered a product defect when the installation is included in the purchase-sale agreement and it has been carried out by PID MEDIOAMBIENTAL S.L. or under its supervision, or by the USER when the defective installation is due to an error in installation instructions.

3. No liability shall be derived from defects that the USER is aware of or could not have ignored at the time of the signing of the contract or which originate from the materials supplied by the USER.

II) Responsibility of the SERVICE PROVIDER


PID MEDIOAMBIENTAL S.L. will be responsible to the USER for any defects existing at the time of the delivery of the product. PID MEDIOAMBIENTAL S.L. acknowledges the USER's rights to repair the product, replace it, obtain a discount, and terminate the contract.

III) Repair and Replacement of Products


1. If the product does not comply with the agreement, the USER is permitted to choose between the repair or replacement of this product, except in the event that one of these choices is impossible or inappropriate. As soon the USER informs PID MEDIOAMBIENTAL S.L. of the chosen option, the parties must abide by it. This decision by the USER is without prejudice to the provisions of article IV below for cases in which the repair or replacement are not sufficient to make the product compliant with the contract.

2. Any form of repair/replacement which imposes costs which compared to the other form of repair/replacement would be unreasonable for PID MEDIOAMBIENTAL S.L. is considered to be inappropriate, taking into account the value that the product would have had if the defect did not exist, the extent of the defect, and if the alternative repair/replacement method can be carried out with limited inconvenience to the USER.

IV) Rules for Repairing or Replacing the Product


The repair and replacement of the product shall be subject to the following rules:

a) They will be at no expense to the USER.

This free nature will include all expenses necessary made to correct the noncompliance of the products with the agreement, and especially shipping expenses, as well as expenses related to labor and materials.

b) They will be carried out within a reasonable timeframe and without causing an excessive inconvenience to the USER, taking into account the nature of the products and the purpose that they have for the USER.

c) Repair suspends the calculation of the time frames referred to in article VII. The suspension period will start as of the time when the USER sends the product to PID MEDIOAMBIENTAL S.L., and will conclude with the delivery of the repaired product to the USER. During the six months subsequent to the delivery of the repaired product, PID MEDIOAMBIENTAL S.L. will be responsible for the defects necessitating the repair. Whenever defects of the same origin as those initially occurring appear in the product appear, this is assumed to be the same defect.

d) Replacement suspends the time frames stated in article VII as soon as the option to request delivery of a new product has been chosen. Under all circumstances, paragraph two of article VII will apply to the replaced product.

e) If, once the repair and delivery of the product have been completed, this product continues to be noncompliant with the agreement, the USER will be permitted to request its replacement, within the limits established in section 2 of article IV, or to request a discount or the termination of the agreement according to the terms of article V.

f)If the replacement is not successful in making the product comply with the agreement, the USER will be permitted to request its repair, within the limits established in section 2 of article IV, or to request a discount or the termination of the agreement in accordance with articles V and VI.

g) The USER will not be permitted to request the replacement of the product in the case of nonperishable products or used products.

V) Price Discounts and Termination of the Agreement


Discounts and the termination of the agreement will take place at the choice of the USER when the latter is not able to request the repair or replacement of the product and in the case that this repair/replacement has not been carried out within a reasonable timeframe or without excessive inconvenience to the USER. Termination of the agreement will not take place in the case of minor defects.

VI) Price Discount Criteria


The discount price shall be proportional to the difference existing between the value that the product would have had at time of delivery if it had been compliant with the agreement and the value that the product effectively delivered had at the time of delivery.

VII) Time Frames


1. PID MEDIOAMBIENTAL S.L. will answer for the defects that appear within a timeframe of two years from delivery. For used products, PID MEDIOAMBIENTAL S.L. and the USER shall be permitted to agree upon a shorter timeframe, which is not permitted to be less than one year following delivery.

Except in the event of evidence to the contrary, the defects that appear within the first six months following delivery will be assumed to have already existed when the product was delivered, except when this assumption is incompatible with the nature of the product or the nature of the defect.

2. Except in the event of evidence to the contrary, delivery is deemed to have taken place on the date that appears in the invoice or purchase slip, or on the corresponding delivery slip if the delivery was subsequent.

3. The ability to submit a defect claim according to the provisions of the above articles comes to an end three years following the delivery of the product.

4. The USER must inform PID MEDIOAMBIENTAL S.L. of the defect within a timeframe of two months from the time that it becomes aware of it.

Except in the event of evidence to the contrary, the USER's communication will be deemed to have taken place within the established timeframe.

VIII) Actions Against the Producer


When it is impossible or excessively expensive for the USER to direct its claims to PID MEDIOAMBIENTAL S.L. due to noncompliance of products with the purchase-sale agreement, the USER will be permitted to directly submit a claim to the producer in order to obtain the repair or replacement of the product.

In general and without prejudice to the expiry of the responsibility of the producer, within the same time frames and under the same conditions as those established for PID MEDIOAMBIENTAL S.L., the producer shall correct defects when these defects are related to the origin, identity, or suitability of products, in accordance with their nature and purpose and the standards governing them.

The producer is understood to be the manufacturer of a product or the importer of a product in the territory of the European Union, or any other entity that presents itself as such by leaving its name, brand, or other distinctive markings on the product.

Whichever entity has corrected the defect for the USER will be assigned a time period of one year during which it will continue to be responsible for the defect. This timeframe starts to elapse as of the time when the repair/replacement was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation with regard to any provisions not expressly mentioned in this document. The SERVICE PROVIDER and the USER agree to submit any disputes that may arise regarding the presentation of the products or services that are the subject of these conditions to the courts of the place of residence of the USER.

In the event that the USER resides outside of Spain, the SERVICE PROVIDER and the USER hereby agree to submit to the courts closest to the population of PINTO (Spain), expressly renouncing the right to any other jurisdiction.

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