TERMS AND CONDITIONS

2 OBJECTIVE

Promofarma.com is a website owned by Promofarma Ecom, on which a wide variety of para-pharmaceutical, beauty and cosmetic products are offered through exclusive promotions for a set period, subject to the specific conditions included in this document.

Promofarma.com reserves the right to modify and/or update these conditions after having informed its customers in advanced if they are substantial.

Once the user ticks the corresponding box in the process, these Terms and Conditions of Contract will be accepted, with both parties declaring and acknowledging their legal capacity to act, that the user is of legal age (>18 years), and that the user has previously read and understood the content hereof.

All communications with the end customer by Promofarma.com, including the sending of coupons or vouchers issued by our platform and essential communications for the delivery of the products purchased, shall be sent electronically.

3 CONDITIONS OF OPERATION PROMOFARMA.COM.

3.1 MARKETED PRODUCTS AND/OR SERVICES

Promofarma.com provides users with a platform which allows them to purchase parapharmaceutical products and/or services.

Under no circumstances shall Promofarma.com promote and/or market medicines, as this is an activity which, in accordance with the legislation in force, can only be carried out by pharmacies.

3.1.1 REPLACEMENT GLASSES AND CONTACT LENSES

1. The Promofarma.com platform offers its users the possibility to purchase replacement prescription glasses and contact lenses. When purchasing glasses or contact lenses, the customer confirms that these have been prescribed by an optometrist or ophthalmologist, who they visit at least once a year for an eye test. The strength that the user enters when purchasing must be the one prescribed by the optician or ophthalmologist. Entering a strength other than the one prescribed and any damage this may cause to your visual or general health is the sole responsibility of the user. Promofarma’s services are limited to making available and selling contact lenses or spectacles in accordance with orders received by the user, which are presumed to be valid, so it is recommended that the user place the order with an updated prescription from their optician or ophthalmologist. Promofarma will not be responsible for any possible error in the prescription given by the ophthalmologist or optician to the user, nor for the health consequences generated by such error due to the use of glasses or contact lenses purchased on Promofarma.com. There will be no prior examination or evaluation of the user's vision by the seller, but only a sale of replacement glasses or contact lenses based on the prescription established by the optometrist or ophthalmologist, copied by the user in the order.
2. Especially in the case of contact lenses, the customer undertakes to purchase contact lenses that have already been tested and adapted by an eye doctor, with Promofarma being exempt from liability for any damage to health that they may cause. If the user has changed the brand of contact lenses, it is essential that their optometrist or ophthalmologist checks the suitability of the lenses. Contact lenses require special care, and the care and cleaning instructions given by the user’s optometrist or ophthalmologist or the instructions given in the product information must be followed. The correct use and handling of contact lenses is the exclusive responsibility of the user.
3. Promofarma does not act through the Promofarma.com platform as an eye care professional, and therefore will not provide professional guidance on symptoms or vision problems commented by the user, whether before or after using the purchased products, whether contact lenses, glasses or other products such as contact lens solutions. In such cases, in the event of symptoms such as discomfort, watery or red eyes, change in vision, eye or head pain, or irritation, the customer is advised to consult their optometrist or ophthalmologist and temporarily suspend use of the contact lenses, eyeglasses or vision-related products they are wearing until that time. Promofarma are not responsible for the lack of adaptation to glasses or contact lenses that the user may have purchased.
4. Promofarma expressly recommends that the glasses and contact lens user visits an ophthalmologist or optician once a year to have their vision checked.
5. The cancellation and return policy and the guarantee set out in these conditions applies to purchases of glasses and contact lenses. Specifically, contact lens packs that have been unsealed, opened, used or tampered with will not be returned. Regarding glasses, only those that are in perfect condition, without scratches or modifications to the frame, with original lenses, in their original packaging and with all the accessories they may have, including the box or wipes, if any, will be returned.

3.2. PURCHASING PROCEDURE

All users who wish to purchase any type of product or service through the platform must follow this procedure:

1. Once the customer has accessed the platform, they should select the products they wish to purchase,  paying careful attention to the characteristics, conditions, delivery period and type, and final price before proceeding with the purchase.
2. The customer must then start the electronic purchasing process by adding the product to the shopping cart, pressing the "Add to cart" button, and then continuing to press the "Complete purchase" button.
3. The platform itself will then compare the prices on its database, offering the user the most recommendable options based on the selected items and their location.
4. Once the "best shopping cart" option is selected, the user will be able to see detailed information about the order placed, in particular the shipping costs and origin of each of the products in the shopping cart.
5. In order to personalise your purchase and have all the relevant information to deliver the products, the customer must be registered on the Promofarma.com platform, for which you only need to fill in your accurate and true details on the form they are shown.
6. Finally, the customer will only have to choose the desired payment method (PayPal or credit or debit card). At no time will we act as payment service provider nor have access to your bank details, these being directly managed by the correspondent banks in our payment gateway.
7. The customer will automatically receive a confirmation e-mail from Promofarma.com describing the entire purchase made, as well as its characteristics, although all the order information will also be available in the customer’s private user area within the Promofarma.com platform, which they can access by entering your registration e-mail and password. If you do not receive the confirmation e-mail, please check your spam e-mail folder.

In the event that in the same purchasing process the end customer selects products that are part of specific offers and/or promotions together with products from the permanent catalogue, the system will automatically offer the most economic delivery or collection option, and, in any case, one that offers a saving for the end customer.

For all purposes, the purchase contract shall be understood to have been signed between the user and Promofarma and to have been completed when the product actually purchased is delivered to the address given by the user.

3.3 PRODUCT DELIVERY PROCEDURE

The products purchased by the customer will be delivered to the address given by the user on the appropriate form during the purchasing process.

The different delivery methods offered are described below.

3.3.1 DELIVERIES TO SPAIN

Home delivery is available for deliveries within mainland Spain and the Balearic Islands, excluding the Canary Islands, Ceuta and Melilla. Once the order has been confirmed, the seller will proceed to prepare the order and deliver it to the Courier. The user will receive the order at the address indicated in the purchase process.

This delivery method is subject to certain delivery costs, which may be charged to you depending on the cost of the order placed.

Information regarding the delivery date, as well as the specific time before which the order must be placed to guarantee delivery within this period, will be clearly indicated to the user on the website. In any case, Promofarma will make every effort to deliver the products purchased on the date indicated. However, in the event of exceptional circumstances or force majeure beyond Promofarma's control that prevent the delivery of the products within the indicated period, to the extent permitted by applicable law, Promofarma will not be able to guarantee this delivery period, especially when the user resides in cities that are difficult to access or of high-risk level. However, it should be noted that Promofarma will, in all cases, make every effort to deliver the products within the delivery period indicated. Users who select this type of delivery, unless otherwise stated on the website, will not be charged additional costs as a result of this choice.

Regardless of the shipping option selected, the return policy will be the same in all cases, as described in these Terms and Conditions.

3.3.2. INTERNATIONAL DELIVERIES

Promofarma allows purchases to be made from any country, regardless of whether or not it is a member of the European Union, and the products are shipped by Promofarma through the usual delivery agencies. Notwithstanding the above, there are certain countries, cities, towns and/or islands to which Promofarma does send deliveries and to which Promofarma shall not send deliveries,  although this shall always be indicated by Promofarma before proceeding with the purchase process.

In any case, and before completing the purchase, Promofarma will inform the customer of the estimated delivery time for the order and the total delivery cost, although both may be subject to change depending on the delivery address and the particular circumstances that may be associated to the delivery.

Under no circumstance shall Promofarma be liable for any customs charges that may apply, nor for the possible retention of the delivery by customs in the country of destination  due to its contents being subject to restrictions in said country, and it shall be the responsibility of the end user, before making the purchase, to verify that the products purchased meet all legal requirements at local level, as well as what are the customs charges that must be paid in order to receive the product.

3.4 OFFERS AND PROMOTIONS

Promofarma.com may launch offers, additional discounts and/or promotions, which will have a set time period and are subject to the requirements or limitations in terms of time or availability expressly stated in each specific offer.

4. USER REGISTRATION

Regardless of whether or not you are a Promofarma.com customer, you can register as a user of our platform so that you can periodically receive information on new campaigns and promotions on the products we sell, competitions and information of interest.

Registration as a user is completely free and can be done electronically via the following link https://www.promofarma.com/signup, where you must enter all your accurate and true data, as this will be the only way we can process any orders you place in the future.

In addition to this procedure, we offer you the possibility of registering as a user via our official Facebook page https://www.facebook.com/promocionesfarma or registration campaigns carried out from other websites that are officially authorised to register new users .

Under no circumstances shall Promofarma.com be responsible for the veracity of the registration data provided by the end users, each of them being responsible for the possible consequences, errors and/or faults that may arise due to incorrect data.

4.1 USER REGISTRATION REQUIREMENTS

As stated in the Terms of Use, the registered user account is personal and non-transferable, and only natural persons may register as users, and under no circumstances permitted for legal persons.

The purchase of products through Promofarma.com is only permitted to individuals, and under no circumstances to companies and/or professionals who wish to market these products through other sales channels. Such parties must purchase these products directly through the usual distribution channels.

In this regard, under no circumstances will registered users be accepted from people who are partners, managers or members of staff of the pharmacies, or any person directly or indirectly related to them up to and including the second degree of kinship.

Under no circumstances is it permitted to transfer the registered user's account between different people, and Promofarma.com shall delete any such account as soon as it is detected. .

In any case, to be a registered user, you must be over 18 years old.

4.2 CANCELLATION OF REGISTRATION

The user may cancel their registration to the service whenever they wish, by writing to legal@promofarma.com, indicating their username and the specific service from which they wish to cancel their registration. Users may also opt out of receiving our e-mail notifications by writing to the same e-mail address or via the link indicated for this purpose in all our e-mails. The process for opting out of receiving notifications can take 48-72 hours.

In any case, once the user has been deregistered, he or she may request a new registration as a customer, with the exception of Promofarma.com's right not to accept such registration in the specific cases specified in the clause entitled "Non-authorised use" or in the event of a conflict or controversy between the parties, resolving or terminating with recognition of the customer's guilt or negligence and/or damages to Promofarma.com, its employees and associates or its users, customers or potential customers.

5 DISTANCE CONTRACTS

According to the provisions of Article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means shall produce all the effects foreseen by the legal system, when consent and the other requirements necessary for their validity are met.

In any case,  the electronic document setting out the present terms and conditions for distance contracts shall be admitted as documentary evidence in case of dispute between the parties.

For these purposes, it shall be understood that the completion of all stages of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily implies the provision of the necessary consent for contracting.

Likewise, and in accordance with the provisions of Article 27 of Law 34/2002 on information society services and electronic commerce, users are provided, prior to the start of the contracting process, with all the information regarding such process, which shall apply in the event that the user decides to proceed with the contract through Promofarma.com.

5.1 PRIOR INFORMATION

These terms and conditions are available to all Promofarma.com users at the following link https://www.promofarma.com/legal/contract, free of charge.

Access to the contracting process is completely free and involves no additional costs associated, apart from those associated with the user’s Internet connection.

All products marketed are fully described in the product information sheet made available to customers, and any issues not expressly indicated therein are not understood to be included.

Promofarma.com, as an Information Society service provider, shall file the electronic document in which the present contract is formalized.  This electronic document will be accessible to the user through the link provided in the annex, from where it may be downloaded and printed by the end user and where these conditions will be included.

Promofarma.com will introduce appropriate and sufficient technical means to identify and correct technical errors in the management of the information under its responsibility.

Unless otherwise indicated, the language in which the contracting process will be carried out and in which this contract is formalised shall be Spanish.

5.2 LIMITATIONS ON SALES

All our campaigns are launched for a specific period of time, which can be reduced if all the available stock is sold, which will then be indicated by Promofarma.com.

In case the sale of the product is subject to any kind of limitation, whether temporary or due to the availability of units of the product, such limitation shall be duly informed in the description of the specific product so that the user is fully aware before proceeding to purchase the product.

The customer may purchase any of the products marketed by Promofarma.com at any time, provided that, in the case of products with some kind of limitation, the promotion in question has not ended or the stock has not run out and this has been notified on the platform. In the event the purchase process is not completed before the end of the campaign, Promofarma.com reserves the right to cancel the purchase since it was made outside the validity period of the campaign.

If Promofarma becomes aware that a certain product cannot be marketed in a certain country, it will not allow its purchase from that country, nor will it allow it to be sent to that country. However, Promofarma only guarantees this control in the event that the product is purchased and shipped within Spain.

5.3 FINANCIAL TERMS

The prices of the products marketed is indicated next to the description of each one, and the official currency Euro (€) is used in all cases.

5.3.1 PRICES

All the product prices are included along with the rest of the product description, being of public access, without the need to be registered as a user.

All prices shown are the full prices, expressly including the tax or taxes applicable depending on the country of destination of the product at the time of purchase, although the user will always have access to the breackdown of the product price.

The user is informed of and accepts the operation of a consolidation algorithm included in Promofarma.com which may result in a reduction in the final price of the order, without prejudice to the fact that any of the products that the user will purchase may have a higher price than the one selected during the contracting process. In any case, the price variation will be applied before the end of the process and, therefore, before the user makes any payment.

In the case of offers or promotions, the prices indicated for each product are the prices applicable to the marketing of that product in each specific promotion, with each promotion being taken as a reference individually, and Promofarma.com does not guarantee that the prices indicated will also apply in other similar promotions held at other times.

5.3.2 PAYMENT AND INVOICING

Once an order has been placed by the user and the corresponding payment has been made through any of the payment methods made available by Promofarma.com, the platform will send the end customer an e-mail containing all the information on the products purchased, their unit price, applicable taxes, as well as the total price of the purchase and the place of delivery.

In any case, the payment made over the Internet will be made through the platform provided by an external banking institution, which shall always be hosted on a website under secure SSL protocol. For identification purposes, please confirm that the web address of the page from which you are going to make the payment starts with https://promofarma.com makes available to the user the possibility of securely storing all data necessary to make payments, so that it is only necessary to enter them on the first purchase, allowing them to make subsequent purchases by simply confirming their identity. To guarantee that Promofarma.com does not have access to the client's payment data and that the absolute security and confidentiality of this information is ensured, the secure payment platform of the company Adyen (https://www.adyen.com) is used, which allows, with total and absolute security, to store the card data used to make the payment, so that future purchases are much quicker and simpler, with the user only required to enter the last four digits of their card and the type of card for each purchase.

In any case, the purchase will only be confirmed once Promofarma.com receives the payment confirmation by the bank that owns the secure payment gateway. If, for any reason, the transaction is denied by the bank or the full amount corresponding to the order amount (including handling fee surcharges and bank transfer fees) is not paid, the transaction will be suspended and the end customer will be informed that the transaction has not been completed.

Finally, in the user’s private area they are able to see all their purchases made to date.  In addition, the user may request an invoice of the purchases made by writing to us at the email address clientes@promofarma.com, stating their national ID number or passport number.  In this way, we will be able to obtain the rest of the invoicing data by accessing the customer's user account.

By accepting these terms and conditions, the user expressly agrees to receive the invoice in electronic format. Once the user requests the invoice, Promofarma.com will send the electronic invoice within a period of five (5) working days to the e-mail address associated to the user account. If the customer wishes to receive the invoice on paper, he/she may contact Promofarma.com indicating the postal address to which the invoice shall be sent.

In accordance with current legislation, we advise you that we cannot subsequently modify the invoicing of sales made. Therefore, the invoice will be issued in the name of the account holder who actually placed the order, so the customer must ensure that the order is placed in the correct name, and duplicate invoices cannot be issued to send them to third parties, nor can they be issued after the guarantee period has elapsed.

5.4 RECOMMENDING FRIENDS

Promofarma.com allows its registered users to invite their family and friends to become subscribers or registered users of Promofarma.com, at no cost to any of them. A user can make a maximum of 25 friends, including family members and co-workers, on a monthly/annual basis.

Once the user completes the invitation, a personal referral link will be provided which will allow the invited friend to access Promofarma.com and formalize the subscription or registration with the included benefit. Those friends ("Friends") must complete the referral as described in the invitation message.

However, invitations made by employees of Promofarma.com or any of its subsidiaries, affiliates or vendors adhered to the www.promofarma platform, as well as massive or indiscriminate sponsorships, such as, for example, those originating from advertisements on the Internet, in magazines or in any other media, are strictly banned.

Likewise, any invitation to the user's own addresses or the creation of multiple fictitious or false accounts is prohibited. Each invitation sent by the user to friends, family or work colleagues will be duly registered by Promofarma.com in order to avoid bad practices.

No user may use this function to violate any law, infringe or violate the rights of any third party, or act in any other manner that is considered harassing, harmful, illegal, hateful, obscene or out of the spirit and intention of Promofarma.com.

For each of your friends or family member you bring to Promofarma.com and make their first purchase, Promofarma.com may, at its sole discretion and without obligation, charge a gift voucher to your account.

Sponsorship gift vouchers may be used as a discount on subsequent purchases if you select them during the checkout process.

The use of gift vouchers may be subject to minimum purchase amounts or other restrictions. These restrictions and minimum order amounts will always be displayed in the customer's private area and will depend on each type of gift voucher.

Promofarma.com reserves the right to cancel gift vouchers, at its sole discretion and without prior notice, when it observes fraudulent or inappropriate use. Fraudulent or improper use is considered, among others, sending invitations between email accounts of the same person for the purpose of benefiting from gift vouchers.

Promofarma.com also reserves the right to give gift vouchers to sponsored customers for the amount and under the conditions that are communicated any time through the platform. These gift coupons may be subject to minimum purchase amounts or other restrictions that will always be informed during the purchase process in the private area of the client user and will depend on each type of gift voucher.

When a registered user invites a family member or friend to Promofarma.com, the registered user will be responsible for any possible liability arising from such invitation. The user who provides his personal data is responsible for the accuracy of the data provided, Promofarma.com not having responsibility since it is the registered users themselves who make the invitations. Likewise, user has, under his sole responsibility, the option to send invitations to his contacts directly by four methods: e-mail, Facebook account, Twitter account or by sending a link to the registration form provided in the "Sponsor and Win" section.

Thus, the user who provides the personal data of a third party, whether contact, e-mail or otherwise, is responsible, prior to its inclusion, for having informed of content of this clause and requested consent to the ends here exposed to such third party. In this regard, Promofarma.com is exempted from any liability that may arise from the sending of such invitations, and the user being solely responsible for such treatment. The user who does not to comply with the conditions set out in this clause, as well as with applicable legislation, shall indemnify Promofarma.com for any liability, costs and expenses incurred as a result of such spamming.

In accordance with Regulation (EU) 2016/679, General Data Protection, we inform you that all email addresses provided by the registered user will be treated with the highest confidentiality and for the sole purpose of sending an email invitation to register on the website, and will not be processed by Promofarma.com for any other purpose without the subsequent consent of the holders through their prior registration as a web user, so that any forwarding of sponsorship emails will be the result of an action or express request by the sponsoring user.

5.5 PROMOFARMA.COM GIFT VOUCHERS AND PROMOTIONAL CODES

Promofarma.com reserves the right to grant gift vouchers and/or promotional or discount codes to its users, as it deems appropriate. The use of these may be subject to minimum purchase amounts or other restrictions that will always be informed in the customer's private area and will depend on each type of gift voucher or promotional code.

Once the promotional code has been entered in the field provided for this purpose, it will become a gift voucher within the customer's private area and will have the same characteristics as those stipulated in these terms and conditions.

In any case, and unless otherwise stated in the customer's private area, all gift vouchers or promotional codes will be limited to a single use and will not be redeemable for cash. In this respect, we inform you that the surplus of the gift voucher will not be saved for future purchases, so it is recommended to use the gift voucher for purchases equal to or greater than the value of the same.

Promofarma.com may carry out specific promotions aimed at regulating the attribution of gift vouchers to users who make a specific purchase. In the event that, once the user has made the purchase in question, the gift voucher attributed to his/her account is not loaded due to some type of operating system incident, Promofarma.com will only load the corresponding gift voucher after receiving notification of the incident from the user. Likewise, once the notification has been received and before proceeding to the effective allocation of the gift voucher, Promofarma.com shall verify the fulfilment of the specific conditions of the promotion, the intention to purchase and the non-cancellation of the same. However, those notices received or processed by Promofarma.com after the effectiveness of the gift voucher in question, shall be considered to have been made outside the conditions of the promotion, in which case the gift voucher should not be awarded to the user.

5.5.1 PROMOFARMA.COM GIFT CARD

Promofarma offers its customers the option to purchase a Promofarma Gift Card on its website www.promofarma.com. Promofarma Gift Cards can only be used to purchase products available on Promofarma.com. These cards are not transferable or redeemable for cash. Promofarma.com is not responsible for the loss, theft, destruction or unauthorized use of a gift card.

This card will expire 10 years after the purchase of the same. Use of the Gift Card may be subject to minimum purchase amounts or other restrictions that will be disclosed at the time of purchase.

Once the Gift Card code is entered into the Gift Card field, it will be converted into a Gift Voucher in the customer's private area and will have the same characteristics as those set out in these terms and conditions.

The surplus of the Gift Voucher will not be held for future purchases; therefore, it is recommended to use the Gift Voucher for purchases equal to or greater than the value of Gift Voucher.

In case you cancel your purchase, in which you have used the Gift Card for the full payment of the products purchased, Promofarma.com will refund the amount paid in the form of Gift Voucher to your account. In case you proceed to cancel your purchase, in which you have used the Gift Card for partial payment of the products purchased, Promofarma.com will refund the amount paid with the Gift Card in the form of a Gift Voucher to your account.

6 GUARANTEES AND RIGHT OF WITHDRAWAL

6.1 GUARANTEES

Promofarma.com, guarantees that all products offered are original products of the brand, with manufacturer's warranty and without any defect, with its legally recognised warranty periods.

The para-pharmaceutical products (drugs, not considered medicines), cosmetics, food and beauty products are perishable and consumer products, so they are not guaranteed if they have started to be consumed or have exceed the expiration date of preferential consumption they have set, they have a return guarantee covered by law due to their nature as consumer goods. Therefore, once the Products have been collected, or in the case of products delivered to the customer's home, returns will only be accepted in the event of any defect beyond the control of the end customer or manufacturing defect, provided that the product has not been opened.

The remaining products marketed through Promofarma.com have the minimum legally established guarantee period, which will be that of the nature of the product itself. However, and given the characteristics of the commercial products themselves, customers should be aware that these, being mostly beauty, food and parapharmaceutical products, have their corresponding expiry dates and preferential consumption, ensuring in any case that at the time of commercialisation the products have a sufficient period of time for consumption.

In the event that the product sold present any damage, please contact Promofarma.com customer service department immediately to indicate the procedure for returning the product. Once the defects have been checked, the product will be repaired or replaced, or a discount will be given on the price or a refund will be made of all amounts paid, as appropriate in each case. Under no circumstances will these procedures involve a cost to the customer.

To claim and apply the warranty, the consumer may contact both the seller and the manufacturer of the product within a general period of 2 years from delivery of the product and always in accordance with the conditions and limitations set out in the applicable regulations. If the defect or lack of conformity becomes apparent more than 6 months after delivery of the product after purchase, the customer must prove to the manufacturer or seller that the defect, defect or lack of conformity already existed when the product was delivered.

In case of lack of conformity with the received product, the consumer is obliged to inform the seller within two months after becoming aware of it.

When a product is not in conformity, the customer may choose between replacement or repair of the product, without the costs involved being charged to the customer.

To register the complaint and start processing the incident, the customer should write an email to clientes@promofarma.com stating the facts and will receive the necessary instructions to process the claim.

6.2 RIGHT OF WITHDRAWAL

In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, users are informed of the following aspects:

All users may exercise their right of withdrawal within a maximum period of 14 calendar days from the moment the product was received, and must be exercised directly against Promofarma.com and under no circumstances against the seller. Users who wish to exercise their right of withdrawal in relation to the purchase made, must in any case follow the following steps:

1. You must inform Promofarma.com of your wish to exercise your right of withdrawal through any of the customer service channels, by writing to clientes@promofarma.com, or by requesting the use of the right of withdrawal form which can be found at the following link: Withdrawal form, or, if you prefer, by sending any other unequivocal statement that you wish to exercise your right of withdrawal. Once received, Promofarma will inform the user how to proceed with the return of the product, even before starting the contracting process described in these terms and conditions.
2. The user must assume the direct costs of the return, informed in any case by Promofarma.com during the process. Likewise, any possible damage or deterioration of the product during transport and the resulting responsibilities will be assumed by the user.
3. In the case of sealed products that are not suitable for return for reasons of health protection or hygiene, the user must deliver the product properly packaged, unsealed and without obvious signs that it has been opened, used and/or manipulated. Once the product has been received, if any kind of manipulation, damage or sign suggesting that the product in question has been manipulated, opened, modified, altered or that there is a risk of this happening is detected, the product in question will be returned immediately to the end customer in cash on delivery, with the user paying the shipping costs. In this sense, the return of all those products that are intact, and do not present any type of manipulation of the protective film of the box or packaging will be accepted.
4. In the case of products that require to be opened and use to know if they function properly, Promofarma.com will require the acceptance of the return that the returned product is in perfect conditions, with all its elements and packaging. Any return that does not meet these conditions will not be processed. You are also informed that if you do not return the product in its original packaging, the product may be subject to depreciation.
5. Upon receipt of the request to exercise the right of withdrawal, the system will send an email confirming receipt the request. It will subsequently proceed to refund the amount paid (including, where applicable, the delivery costs and less the direct costs of the return if the transport offered by Promofarma has been used) within a maximum period of 14 calendar days from receipt of the request for the right and receipt of the product purchased. In any event, payment of the economic amounts will be made through the means used by the user to make the initial payment, unless the user states otherwise, in which case additional costs may be incurred.

Likewise, and in accordance with the provisions of current legislation, it will not be possible to exercise the right of withdrawal in cases where products are purchased manufactured according to consumer specifications or clearly personalised, or which, due to their nature, cannot be returned or are liable to deteriorate or expire rapidly. Similarly, it will not be possible to exercise the right of withdrawal when products which are no longer sealed are unsuitable for return for reasons of health protection or hygiene.

As informed throughout these Terms and Conditions, the information on the availability of the product depends on the pharmaceutical establishments adhered to the platform adequately providing this information. In this way, the user is informed that in the event that a purchased product is not available, when the user has not been expressly informed of this possibility, this is due to an error in such information for which the corresponding pharmaceutical establishment will be directly responsible. In any event, Promofarma assumes the good faith of the pharmaceutical establishments and understands that such errors are, in any event, unintentional on their part.

Notwithstanding the above, Promofarma, in order to guarantee the protection of users, shall refund the financial amounts paid by the customer as soon as possible, although in no case Promofarma can guarantee that the refund period will be the same as that used for delivery. This refund will always be made using the same method used to make the initial payment.

Promofarma will refund to the user the price of the product as well as the initial shipping costs. The user will always bear the cost of returning the product.

In the event that the user requests the exercise of his right of withdrawal, the end customer will be refunded all financial amounts initially paid, including, where applicable, shipping costs, without undue delay and, in any event, within 14 calendar days from the date on which the right of withdrawal was requested and provided that the product or proof of its return has been received. However, in the event that the user has been offered different delivery methods and has expressly selected a delivery method other than the least expensive normal delivery method, Promofarma.com shall be entitled not to refund the additional costs arising from this delivery method.

In the event that the user cancels his purchase, in which they have used the gift voucher(s) or exercises their right of withdrawal on any of the products purchased using the gift voucher(s), Promofarma.com will refund the corresponding gift voucher, reactivating it in the user's account.

Notwithstanding the above, due to the current situation, the 14-day period for returning the orders referred on this section is interrupted, so that the user has up to 14 days after the end of the alarm status to request a return.

6.3 PROMOFARMA.COM RESPONSIBILITIES

Promofarma.com undertakes to ensure that the contents, data or information relating to the products or services offered on its website are reliable, true and accurate. However, those responsible for deciding and setting prices, establishing the characteristics of the products advertised and providing information in this regard are the sellers adhering to the platform, so Promofarma cannot therefore be held liable for these contents since it has no prior control or decision-making power over this information, nor for any other information that has been decided, introduced and/or displayed by third parties (sellers) outside the supplier.

The catalogues provided by each of the sellers adhered to the platform, including the audiovisual material and images used of the products, are their responsibility and must always comply with the legislation in force. Notwithstanding the foregoing, Promofarma shall correct, replace or delete any content that infringes the rights of third parties as soon as technically possible once it becomes aware of it. Likewise, Promofarma encourages visitors who detect content that does not comply with the Terms and Conditions to contact Promofarma at legal@promofarma.com in order to expedite the application of the corresponding remedies.

All the products offered have the legally recognised guarantee periods, without prejudice to the fact that most of them are beauty, food and parapharmaceutical products, which have their corresponding periods of validity and preferential consumption.

In case of non-compliance by the sellers, Promofarma.com may give the affected user a discount voucher of 5 euros, redeemable on the Promofarma.com platform.

6.4 CUSTOMER SERVICE

Promofarma.com, as the online platform responsible for the marketing and sale of the products, offers end customers and adhering sellers with a customer service in Spanish, available 5 days a week, from Monday to Friday, from 9:00 a.m. to 6:00 p.m., in which due attention will be given to all queries, complaints and issues raised in relation to the purchase of products through the Promofarma.com system. The contact channels provided are:

• Postal Address: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
• Through this contact form
• Via chat

In order to ensure the direct attention of the customer service department, in case a user have a complaint, an identification number will be provided and a proof of the complaint submitted will be sent to the user's e-mail address.

Promofarma.com will respond to complaints received as soon as possible and in any event within a maximum period of 1 month from the submission of the complaint.

In compliance with the provisions of Regulation (EU) 524/2013, which applies throughout the European Union, Promofarma provides you with the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES. Through this link, you can access the European Online Dispute Resolution (ODR) Platform. In case you have had a problem with a purchase or the provision of an online service, you can use this means to submit any complaint, as well as to opt for out-of-court resolution of the dispute that has arisen.

7 TRUST ONLINE MEMBERSHIP ESTABLISHMENT TRUST

Promofarma.com, in its efforts to guarantee and promote security and trust in purchases made over the Internet, has been a member of the Confianza Online seal since 2011, so it is subject to full compliance with the obligations expressly set out in the Code of Conduct published by this entity.

8 NON-AUTHORISED USE

Promofarma.com reserves the right to cancel the account of the registered user or customer and may proceed to the termination of this contract. In particular, cancellation as a client and/or as a user may be carried out in the event of detecting a breach of any of the contractual obligations contracted in this act, as well as in the event of observing a use of the site and/or account contrary to the general conditions of use, the site's privacy policy and to the uses of good faith accepted in the sector.

In particular, registration as a customer or the placing of orders through Promofarma.com, regardless of the number and amount, by members of the pharmaceutical establishments and/or any person directly related to them up to the second degree of kinship, is prohibited and shall be considered a breach of this contract.

In this respect, the customer undertakes to do so:

1. Not to use the platform or any of its components to develop timesharing operations, become a software application service provider, insofar as they are intended to allow third parties access to the platform or any of its components, through rental operations, administrative services or any other similar services, sharing them or making them available to third parties.
2. Not to subject the platform or any of its elements to activities that lead, directly or indirectly, to the decompilation of its software, that imply its subjection to operations of a reverse nature to those that determined its construction or that ultimately constitute or may constitute reverse or delayed engineering, decompilation or disassembly operations. Nothing in this contract shall be construed as authorising access to the source code of the platform.
3. Not to publish the platform, nor use it as a management and exchange system for information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
4. Do not subject the platform to workloads clearly intended to destabilise it, including denial of service attacks (DDoS) or similar situations. In case that such situations are detected, the service level indicated above will not apply, and will be considered an emergency situation.
5. Not to carry out acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by Promofarma.com, since this activity may be considered as an act of unfair competition and violation of the intellectual and industrial property rights that Promofarma.com holds over the platform.
6. Not translate, adapt, improve, transform, transform, correct the platform, or any of the elements that integrate them or in any other way modify it, and may not incorporate the platform into other software or platforms owned or provided by third parties.
7. Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that Promofarma.com, as the legitimate owner of the rights, incorporates in its intellectual or industrial property (such as copyright, ©, ® and TM, etc.), both in the platform itself and in the associated material.
8. Inform Promofarma.com of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
9. It is forbidden to force bugs or look for security flaws in the platform.

9 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Promofarma.com is deeply committed to the protection of intellectual property rights. That is why we have set the following conditions:

As indicated in the Terms of Use, Promofarma.com hereby guarantees that it is the legitimate owner of the platform, as well as of the coupon validation tools delivered to the network of collaborating establishments, and that is not involved in any legal dispute prior to the signing of this contract.

The client expressly acknowledges that Promofarma.com holds all rights, titles and interests in the platform and the tools associated with it, as well as in all its modules, modifications and updates and in any element and/or functionality developed on it.

For these purposes, Promofarma.com acknowledges without limitation ownership of all copyright, intellectual and/or industrial property rights, being able to exploit the platform, without any restriction of a temporal or territorial nature, with regard to the means of dissemination or methods of exploitation and without any limitations other than those established by law, all content published on the platform. However, the logos of all the products marketed are the exclusive property of their respective owners, and Promofarma.com has prior authorisation for their use.

The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of Promofarma.com, and are duly protected by national and international intellectual and/or industrial property laws, and may not be modified, copied, altered, reproduced, adapted or translated by the client without the express prior consent of Promofarma.com.

In no case the provision of the platform or the simple access by the customer implies the transfer of its ownership, nor the granting of a right of use in favour of the user beyond that expressed in this clause.

In order to allow the client to use the platform, which is the exclusive property of Promofarma.com, Promofarma.com grants the client a non-exclusive, non-transferable, revocable, non-sublicensable licence to use the platform during the duration of this contract, limited in time to the duration of this contract and unlimited in space, since it can be accessed from any computer with Internet access.

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derived works and/or public communication is absolutely prohibited, regardless of the means used to do so, and the client or third-party infringer will otherwise assume all direct or derived responsibilities that may arise.

For any aspect not expressly acknowledged in this contract, all rights are reserved in favour of Promofarma.com, and Promofarma.com's written consent is required for its realisation.

10 RESPONSIBILITIES

The parties undertake to perform their legal and contractual obligations under this contract. If one of the parties fails to perform with any of its obligations, or prevents the other party from performing its obligations, the other party shall be entitled to claim damages for both consequential damage and loss of profit.

The parties shall be liable for their personal breaches, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damages resulting from such breaches or errors attributable to the other party to the contract.

Promofarma.com will not be liable in case of product unavailability or impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or data provided by the user. However, in such cases, Promofarma.com will immediately contact the customer in order to find the best solution to the case.

Promofarma.com will make commercially and technically reasonable efforts to keep its services available via the website and the promotional coupon validation widget, which is an obligation which, however, does not apply to any lack of availability or performance caused by:

1. Temporary inactivity of the site due to updating and/or technical maintenance, of which the seller will be informed in advance by e-mail within a maximum period of 48 hours, provided they are known or communicated to Promofarma.com with a longer period of time than indicated;
2. Causes beyond Promofarma.com's control: force majeure, Internet access problems, technological problems beyond the diligent and reasonable control of the site owner, actions or omissions of third parties, etc.

In all of the above cases, beyond the control and due diligence of the owner, Promofarma.com shall not be liable to compensate the customer for lost profits, damages or losses.

In the event of closure or suspension of the site for reasons beyond the control of the parties, the customer will be promptly informed of the transfer of the service to a new domain, with only the stipulations of this contract being altered with regard to the domain on which the platform remains active.

11 SAFEGUARD CLAUSE

All clauses or terms of this contract shall be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in case one of them has been declared null and void by a court decision or final arbitration award. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the terms of use.

12 APPLICABLE REGULATIONS

The present conditions are expressly subject to the provisions of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 of 16 November, which approved the Consumer and User Law, Law 7/1998 of 13 April on General Contracting Conditions, Law 7/1996, of 15 January on Retail Commerce Regulation, Regulation (EU) 2016/679, General Data Protection Regulation, Organic Law 3/2018, on the Protection of Personal Data and the guarantee of digital rights and other legislation of a general nature or of subsidiary application in accordance with the basic principles of the Spanish legal system.

Notwithstanding the foregoing and the default application of Spanish national regulations, insofar as Promofarma is not an information society service provider directing its services to a country other than Spain, in accordance with the provisions of the Directive and only in those cases where compliance is mandatory, Promofarma shalll apply the special conditions that may be applicable in the country of residence of the end consumer.

13 GOVERNING LAW AND JURISDICTION

Unless otherwise specified by applicable legislation, these Terms and Conditions are governed by Spanish law. The parties submit, at their choice, to the courts of the domicile of the user for the resolution of disputes and waive any other jurisdiction. Likewise, as a member of Confianza Online and in accordance with its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection and protection of minors, the user may resort to the Confianza Online extrajudicial dispute resolution system (www.confianzaonline.es).

To make a complaint about the use of our services, the customer can contact us by mail at the electronic or physical address indicated in the "Identification" section, and we undertake to always seek an amicable solution to the conflict.

14 AMENDMENTS TO THE TERMS AND CONDITIONS OF THE CONTRACT

PromoFarma By DocMorris reserves the right to modify these Terms and Conditions at any time by publishing the updated versions on the website.

However, if a modification affects your registration as a user, we will inform you through the previously established contact channels. Changes to these Terms and Conditions shall be deemed accepted if, after their publication and coming into effect, the User remains a User of PromoFarma By DocMorris and, consequently, the Terms and Conditions shall be fully applicable to the User from the time they come into effect. If you do not agree with any change made to these Terms and Conditions, you must cancel your registration before the new version comes into effect.

Last updated: 1 March 2023.

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