Legal Notice

Marlene Mendiguchia & Linda Meuser

Farmacia del Sol C.B

Centro Riviera Comercial, Av. Polaris 6

29649 Mijas Costa (Malaga)

Tel.: +34 952 93 91 10

Fax: +34 952 93 91 91 10

E-Mail: info@farmaciadelsol.es 

Internet: www.farmaciadelsol.es

TAX ID: E93480572

Bank account: La Caixa 2100 2675 56 0210045866

IBAN: ES 35 21002675560210045866

BIC Code: CAIXESBBXXX

 

 LEGAL NOTICE

1) IDENTIFICATION:

This legal notice regulates the use of the website www.farmaciadelsol.es (hereinafter, THE WEBSITE), owned by FARMACIA DEL SOL C.B. (hereinafter, OWNER OF THE WEBSITE or PROVIDER).

The OWNER OF THE WEBSITE, in compliance with Law 34/2002, of 11 July, on information society services and electronic commerce, informs you that:

Its company name is: FARMACIA DEL SOL C.B.

Its trading name is: FARMACIA DEL SOL

Its VAT number is: E93480572

Its registered office is at: Avd. POLARIS, C.C. RIVIERA, MIJAS COSTA, 29649 MALAGA

The company has the administrative authorisation Pharmacy Nr 575 NICA 4164, by the AEMPS Distafarma and the supervisory body Ministry of Health.

Belonging to the Illustrious College of Pharmacists of Malaga, LINDA MEUSER with NIE X0059011Q and with nº 1864 and Marlene Mendiguchia with DNI: 79037935E and with nº 3918.

To communicate with us, we put at your disposal different means of contact that we detail below:

- Phone: 952939110 and 611361361

- E-mail: INFO@FARMACIADELSOL.ES

All notifications and communications between users and the OWNER OF THE WEBSITE will be considered effective for all purposes when made by post or any other means of those detailed above.

2) USERS.

Access and/or use of this portal of the WEBSITE OWNER, creator of the site, attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected herein. The aforementioned Conditions shall be applicable regardless of the General Contracting Conditions which, where applicable, are mandatory.

USER-CUSTOMER is understood to be the internet user who acquires this status by registering on the website, using a form and who is assigned a username and password, for which he/she is fully responsible for the use and custody, being responsible for the veracity of the personal data provided to the provider.

 

3) PURPOSE OF THE WEBSITE.

The services provided by the person responsible for the website are as follows:

- Pharmacy

- Parapharmacy

- Veterinary medicine

- Cosmetics

- Homeopathy

- Provision of content on the blog

 

4) USE OF THE PORTAL.

The website and its services are free and open access, however, the OWNER OF THE WEBSITE conditions the use of some of the services offered on its website to the previous completion of the corresponding form, to become a USER-CUSTOMER of the portal.

The WEBSITE OWNER undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of the same or negatively influence them. The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

In addition, the following activities are also explicitly prohibited:

- Selling prescription drugs or drugs subject to medical prescription.

The user guarantees the authenticity and timeliness of all data communicated to the OWNER OF THE WEBSITE and shall be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make appropriate use of the contents and services of the WEBSITE OWNER and not to use them for, among others:

a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defence of terrorism or, in general, contrary to the law or public order.

b) Introduce computer viruses into the network, or carry out actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the WEBSITE OWNER provides its services.

c) Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the WEBSITE OWNER or third parties and, where appropriate, extract information.

d) Infringe intellectual or industrial property rights, as well as violate the confidentiality of the information of the WEBSITE OWNER or third parties.

e) Impersonate the identity of another user, public administrations or a third party.

f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorised by the owner of the corresponding rights, or it is legally permitted.

g) Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

 

5) INTELLECTUAL AND INDUSTRIAL PROPERTY

The OWNER OF THE WEBSITE, by itself or as an assignee of its licensors, is the owner of all intellectual and industrial property rights of its website, as well as of the elements contained therein (including but not limited to: images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved.

Any use not previously authorised by the OWNER OF THE WEBSITE will be considered a serious breach of the intellectual or industrial property rights of the author.

 

The reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the corresponding authorisation, are expressly prohibited.

The USER undertakes to respect the Intellectual and Industrial Property rights owned by the OWNER OF THE WEBSITE. The USER may only view the elements of the website and is not authorised to print, copy or store them on the hard disk of his/her computer or any other physical medium. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of the OWNER OF THE WEBSITE to prevent those unauthorized actions.

 

6) ACCEPTANCE

By accepting these Conditions, the User declares:

1. That he/she is a person with the capacity to contract according to current regulations.

2. That he/she has read and accepts the present Conditions.

 

7) AVAILABILITY

The User will always and in any case, prior to the start of the procedure for contracting products, have access to the conditions, which may be stored and/or reproduced on a durable medium.

 

8) MODIFICATIONS

The Provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions that were purchased prior to the modification by the User.

The User undertakes to read the contracting conditions carefully each time he/she proceeds to contract a product, given that they may have been subject to modification since the last time he/she accessed them.

 

 

9) VALIDITY OR DURATION.

The period of validity or duration of these Conditions and specific contracting conditions will be the time that they remain published on the aforementioned website and will be applicable from the moment the User makes use of the website and/or proceeds to contract any products.

 

10) NULLITY.

If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or that part of it which is null and void or ineffective, and the Conditions shall survive in all other respects.

 

11) LINKING POLICY

Persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to the website of the OWNER OF THE WEBSITE must submit to the following conditions:

The total or partial reproduction of any of the services or contents of the WEBSITE is not permitted without the prior express authorisation of the WEBSITE OWNER.

No deep-links or IMG or image links or frames may be established with the WEBSITE OWNER'S website without its prior express authorisation.

No false, inaccurate or incorrect statement shall be made about the WEBSITE OWNER'S website, or about the services or contents of the same. Except for those signs that form part of the hyperlink, the web page on which it is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to the WEBSITE OWNER, unless expressly authorised.

The establishment of the hyperlink does not imply the existence of a relationship between The WEBSITE OWNER and the owner of the website or portal from which it is made, nor the knowledge and acceptance by The WEBSITE OWNER of the services and content offered on said website or portal.

The OWNER OF THE WEBSITE shall not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

The website of the OWNER OF THE WEBSITE may make available to the user connections and links to other websites managed and controlled by third parties. The sole purpose of these links is to facilitate users' search for information, content and services on the Internet, and under no circumstances may they be considered a suggestion, recommendation or invitation to visit them.

 

The OWNER OF THE WEBSITE does not commercialise, direct, previously control or make its own the contents, services, information and statements available on these websites.

The WEBSITE OWNER assumes no liability whatsoever, even indirectly or subsidiarily, for damages of any kind that may arise from access, maintenance, use, quality, legality, reliability and usefulness of the content, information, communications, opinions, statements, products and services available or offered on websites not managed by the WEBSITE OWNER and which are accessible through the WEBSITE OWNER.

 

12) PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the time the user accepts the purchase during the online contracting process through the mechanisms set out below.

The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of one or more specific products.

Each of these products may be subject to a specific regulation by means of the particular contracting conditions of each of them, of which more detail will be given in the section on guarantee, returns, withdrawal, or in the technical data sheet of the product itself, due to the different formats in which the products are marketed, their packaging or their very nature.

 

13) RIGHT OF EXCLUSION.

The OWNER OF THE WEBSITE reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use.

 

14) CUSTOMER SERVICE: HELP, COMPLAINTS AND QUERIES.

At any time, you can contact our Customer Service Department for help, suggestions or complaints by writing to info@farmaciadelsol.es, or by calling 952939110 from 9:00 to 21:00 from Monday to Friday.

 

15) GEOGRAPHICAL SCOPE.

This website www.farmaciadelsol.es operates and sells in Europe. This geographical area is hereinafter referred to as "the Territory". Therefore, it only delivers and distributes products in the Territory.

The use of this website as well as any purchase made on this website is considered to be made in Spain, and therefore subject to the Spanish laws and regulations in force. The Provider does not accept or deliver orders outside the aforementioned Territory.

The foregoing is without prejudice to the possibility that we may soon offer these services in the excluded areas, in which case it will be announced in advance on this website.

 

16) PRODUCT INFORMATION

Provider pays great attention to the information relating to the characteristics of the products by means of technical descriptions from its partner companies and manufacturers, and photographs illustrating the products. All this is done within the limits of technology and in compliance with market standards.

This descriptive sheet will include a contact form in case you wish to obtain more detailed information. Or, for greater ease, you will be able to have a link to expand the information as far as possible.

 

17) TAX, CURRENCY AND SHIPPING COSTS.

The prices indicated for each product include Value Added Tax (VAT) and in all cases shall be expressed in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs or any other additional services and annexes to the product purchased.

 

18) LANGUAGE IN WHICH IT IS CARRIED OUT.

The contracting procedure and the pre-contractual information is in Spanish, English, French and German, so the language chosen by the USER will be the one used to carry out the contracting.

 

19) THE PROVIDER'S RIGHT

- To maintain, modify or suspend its website without prior notice.

- To modify the price of the offers.

- Refuse orders due to lack of stock or non-payment by the customer.

- Refuse access to IT tools to customers in the event of non-compliance with these conditions.

- Receive the amount of the customer's purchases, once the transaction has been accepted.

- To reserve title and retain full ownership of the item until full payment by the customer.

by the customer.

- Not to reproduce, sell or dispose of the information published by the Provider in all its contents without the express permission of the company itself.

- Proceed to correct or amend human or computer errors.

20) PURCHASE PROCESS

            20.1 Registration.

The User may register on the website, in the registration section. To do this, enter the personal data required as mandatory will be: name, surname, ID, email, password, address, telephone. Registration as a User of the shop will provide access to the website, to the purchase of products and to the reception of newsletters/newsletters with information about the company and its products if requested.

The USER-CUSTOMER will select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or of possible access by an unauthorised third party, in such a way that the provider proceeds to block them immediately. The USER-CUSTOMER is fully responsible for their use and custody, being responsible for the veracity of the personal data provided to the provider.

The USER-CUSTOMER may not choose as a user name words whose purpose is to confuse others by identifying him/her as a member of the provider, as well as offensive, insulting and, in general, expressions that are contrary to the law or to the requirements of morality and good customs.

The USER-CUSTOMER will receive a confirmation e-mail indicating that the registration has been successfully completed, including the access data to his/her account.

You will then be redirected to a page where we will confirm the creation of your account and all the actions you can perform from it.

- Personal data. Option where you can modify your personal details, account information, my address book entries and password.

- Orders placed. You will be able to view the list of orders placed with this account along with their details, products, shipping costs, addresses, etc. ..... You will also be able to reorder and add a message to the order or to each product purchased.

- Change data. Option where you can change your name and surname, e-mail address and telephone number.- Newsletter. Contains news about the shop, product information and offers. You have the option of ticking a box to receive the general newsletter free of charge.

- Product notifications. New products on the website and featured products are displayed.

- Log out. This option closes the session.

Once registration is complete, you can proceed to purchase your product(s).

            20.2 Purchase process.

The purchase process is easy and simple.

1. Choose product and click on it. In the following window we visualize the description of the product, price, costs and possible offers. We can indicate the desired quantity.

We have the option of downloading the leaflet. If we are not going to buy the product, we can include it in the wish list. Click on add to basket.

2. The next window gives us the option to continue with the purchase, add to basket or checkout.

3. From add to basket: in this first section we can see a summary of the products, their prices and costs.

products, their price and costs and from here we can modify the quantity. We have

option to indicate the code of a voucher, discount or credit note. Click on checkout.

4. We must indicate the shipping method, indicating the address we have in the register or choosing a new one. It will indicate the shipping costs. Click on continue to select your preferred payment method.

5. Indicate the billing address and payment method. Click on continue to confirm this order.

6. The next window shows a summary of the order: product, addresses,

payment method. Click on confirm order.

7. Follow the payment steps.

 

21) PRODUCT AVAILABILITY

The purchase of the products is under stock. It is shown by a colour system. The green colour: if in stock, in orange colour 3-5 days and in red colour, not in stock.

 

22) TYPE OF PRODUCTS

The website has a wide range of the best brands and at very competitive prices of everything related to parapharmacy and non-prescription medicines.

 

23) MAXIMUM ORDER AMOUNT

There is no maximum order amount.

 

24) HOW TO EXTEND OR CANCEL MY ORDER

To extend an order you can always do so as long as you have not completed the purchase, and you can do so by clicking on the "continue shopping" button.

 To cancel an order after a purchase has been made, the order can be cancelled with the right to a full refund provided that the following conditions are met:

- The order has not left our warehouse and is not in transit to the indicated address.

For orders that have already left the premises of FARMACIA DEL SOL C.B., the courier company will be notified and in this case, the amount refunded to the customer would be full except for shipping costs.

To request the cancellation of your order you must send an email to the address info@farmaciadelsol.es

The order can also be cancelled from the user's profile at www.farmaciadelsol.es. To do this, the USER-CUSTOMER must locate the order in their purchase history, provided that the conditions indicated above are met, the money will be refunded to the same credit/debit card with which the purchase was made, within 24-48 working days.

 

25) PAYMENT PROCESS

The payment order given by the USER-CUSTOMER necessarily implies adherence to these General Conditions as well as the particular conditions of the order.

For any payment method chosen by the USER-CUSTOMER, all payments shall be subject to the terms and conditions applicable to the USER by the financial institutions involved or by the secure payment platforms (e.g. Visa, Mastercard, Iupay, etc.).

Once the payment has been made correctly, the USER-CUSTOMER will receive two informative and confirmation e-mails accrediting the essential conditions of the operation:

- Services contracted, and description of the provision of the same.

- Products sent to the address indicated by the User:

The confirmation e-mail will contain the invoice for the product with which the USER-CUSTOMER may, upon receipt of the order, request the guarantee from the corresponding merchant.

In any case, through the website, the USER-CUSTOMER will always have access to the information on their orders and the corresponding invoices for the purchases made.

The Provider reserves the right to cancel payments or orders in the event that there are indications of fraudulent transactions by bringing to the attention of the competent authorities any conduct that may be subject to investigation for the prevention of fraud.

We protect your data with SSL (Secure Socket Layer), which is a security protocol that makes your data travel in an integral and secure way, that is to say, the transmission of data between a server and a web user, and in feedback, is totally encrypted or encrypted.

 

26) PRODUCT WARRANTY

All items offered on our website have the official manufacturer's warranty in the legally established terms, for a period of 3 years from the date of delivery, in addition to the expiry date on consumable products.

This warranty period of 3 years, from the delivery of the product, although it does not include deficiencies caused by negligence, blows, incorrect use or improper handling, incorrect installations not carried out by authorised technical services where appropriate, etc., or materials that are worn out by use.

The Provider reserves the right to request an official technical service of the brand to verify the origin of the problem. In the event of a defect caused by a cause unrelated to its origin, the repair will be billable. In those cases that justify the application of the guarantee, we will opt for repair, replacement of the article, discount or refund, in the legally established terms.

In order to make the guarantee effective, please contact the Customer Service Department, by telephone or email, where you will be informed of the process to follow.

 

27) LIMITATION OF LIABILITY

All information provided by the User to the Provider and through the corresponding forms must be truthful. It is the User's responsibility to keep the data supplied to the Provider duly updated. In any case, the Provider disclaims any liability for damages caused as a result of having provided false, insufficient, inaccurate or incorrect information.

Access to the Website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the User through the relevant forms.

Provider shall not be liable in those cases in which it is incumbent upon the parents, guardians or legal representatives of underage or disabled Users to authorise the access, provision of personal information or use of the Website or the contracting of any products or services provided through the applications or web platform.

It shall be the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated person or the contracting of the products and services provided through www.farmaciadelsol.es.

Access by Users to the Contents does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have any harmful effect on the User's computer equipment. In any case, it shall be the User's responsibility to have the necessary tools to detect such viruses or harmful computer elements.

Consequently, the Provider shall not be liable for any possible damage caused to the computer equipment of Users or third parties during access to the Contents.

The Provider shall not be liable for any interruptions in the electrical or telecommunications services that prevent Users from using the services offered.

 

28) 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. 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.

In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.

29) Online Dispute Resolution Platform for Consumers and Traders

The European Commission has launched a platform to help consumers and traders resolve disputes relating to purchases made on the Internet. Address to the platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

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