General Terms and Conditions of Sale

GENERAL CONDITIONS OF SALE

These General Conditions of Sale apply to the sale of the parapharmaceutical, cosmetic and hygiene products described in clause 3.1 marketed on the website www.promofarma.com, as well as on the mobile application (hereinafter, the "Portal") by PromoFarma Ecom S.L. , whose identification and contact details are as follows:

• Holder: PromoFarma Ecom, S.L. (hereinafter, "PromoFarma")
• Registered office: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
• CIF: B65130122
• Public Registry: Registered in the Mercantile Registry of Barcelona; in volume 41.350, folio 95, section 8, sheet number B-391.127, entry 1
• E-mail: clientes@promofarma.com

1. INFORMATION ABOUT THE PORTAL

The Portal constitutes an online store co-operated by PromoFarma Ecom, S.L. and by Helena Abreu Unipessoal Lda (hereinafter "Farmacia Central"), through which:

• PromoFarma sells, in its own name and on its own behalf, a wide range of parapharmaceutical, cosmetic, aesthetic, hygiene and other related consumer products, the marketing of which is governed by these General Conditions of Sale (hereinafter, the "Conditions").
• Farmacia Central sells parapharmaceutical, cosmetic, aesthetic, hygiene and other related consumer products, as well as medicinal products for human use not subject to medical prescription. The marketing of products by Farmacia Central is governed by its own General Conditions of Sale, accessible at: https://www.promofarma.com/en/legal/contractmontemor.

In any event, the Portal will visibly indicate the identity of each seller.

2. PURPOSE

The marketing of parapharmaceutical, aesthetic, cosmetic and hygiene products by PromoFarma on the Portal is subject to the conditions established in this document (hereinafter, the "Conditions").

Before finalising any order on the Portal, the User is invited to read the Conditions. By confirming the order sold by PromoFarma, the User shall be deemed to have read and accepted these Conditions. By accepting the Conditions, the User declares that they are of legal age (≥18 years) and have sufficient legal capacity to contract.

All communications with the end User by PromoFarma shall be carried out electronically.

PromoFarma reserves the right to modify and/or update these Conditions, giving the User prior notice when the modifications affect ongoing contracts or their status as a registered User.

3 PROMOFARMA OPERATING CONDITIONS.

3.1 PRODUCTS AND/OR SERVICES MARKETED

PromoFarma sells to Users through the Portal parapharmaceutical, cosmetic, personal hygiene and other related consumer products.

For clarification purposes, PromoFarma does not offer or sell on the Portal non-prescription medicinal products or medicinal products; medical devices subject to medical prescription; nor products whose marketing is not authorised in Spain in accordance with the applicable regulations.

3.1.1 REPLACEMENT GLASSES AND CONTACT LENSES

PromoFarma makes available to its Users the possibility of purchasing reading glasses (also referred to as "magnifying glasses" or "pre-assembled prescription glasses") and replacement contact lenses.

When purchasing glasses and contact lenses, the User confirms that these have been prescribed by an optician or ophthalmologist and that they visit an optician or ophthalmologist for an eye examination at least once a year. The prescription that the User enters in their purchase must be the one prescribed by the optician or ophthalmologist professional. Entering a prescription different from the one prescribed, and any harm this may cause to their visual or general health, is the exclusive responsibility of the User. PromoFarma merely makes available and sells the contact lenses or glasses in accordance with the orders received from the User, which are presumed valid, so the User is advised to place the order with the up-to-date prescription from their vision professional in front of them. PromoFarma shall not be liable for any error in the prescription provided by the ophthalmologist and optician to the User, nor for the health consequences arising from such error due to the use of glasses or contact lenses purchased from PromoFarma. There will be no prior examination or assessment of the User's eyesight by the seller, but exclusively a sale of reading glasses or replacement contact lenses based on the prescription established by the optician or ophthalmologist professional, transcribed by the User in the order.

Especially in the case of contact lenses, the User undertakes to purchase contact lenses that have already been previously tested and fitted by a vision professional, PromoFarma being exempt from liability for the harm to health they may cause. If the User has changed contact lens brand, it is essential that their ophthalmologist or optician verifies their fitting. Contact lenses require special care; the appropriate care and cleaning instructions must be carried out as recommended by the User's optician or ophthalmologist or by following the instructions found in the product information. The correct application and handling of contact lenses is the exclusive responsibility of the User.

PromoFarma does not act through the Portal as a vision professional, and therefore it will not provide professional guidance on symptoms or visual problems that the User may allege, whether before or after the use of the products purchased, whether these are contact lenses, glasses or others such as contact lens fluids. In these cases, where there are symptoms such as discomfort, watery or red eyes, change of vision, eye or headache pain, or irritation, the User is advised to consult their ophthalmologist or optician and must, until then, suspend the use of the contact lenses, glasses or vision-related products they are using. PromoFarma is not responsible for any failure to adapt to the glasses or contact lenses that the User may have purchased.

PromoFarma expressly recommends that the User of contact lenses and glasses visit the ophthalmologist or specialist optician once a year to have their eyesight examined.

The withdrawal and return policy, as well as the warranty established in these conditions, applies to the purchase of glasses and contact lenses.

As an exception to the right of withdrawal and for reasons of health protection and hygiene, the return of packages of contact lenses that have been unsealed, opened, used or handled will not be accepted (art. 103.e) General Law for the Defence of Consumers and Users).

3.2 CONTRACTING PROCEDURE

3.2.1 ECONOMIC CONDITIONS

The price of the products marketed is indicated next to the descriptive sheet of each of them, the official legal-tender currency Euro (€) being used in all cases.

All product prices are included together with the rest of the product description and are publicly accessible, without the need to be registered as a User.

All prices shown are final prices, expressly including the tax or duties applicable depending on the country of destination of the product, at the time the purchase is made, without prejudice to the fact that the User will at all times have itemised information on the price of the product.

The User will acquire cosmetic, parapharmaceutical and personal hygiene products on the Portal, which will be added to their virtual cart. The Portal will indicate the most economical price of all those available.

In the case of offers or promotions on cosmetic, parapharmaceutical and personal hygiene products, the prices indicated for each product are the prices applicable to the marketing of that product in each specific promotion, each promotion being taken as a reference individually, and PromoFarma does not guarantee that the prices indicated will be equally applicable in other similar promotions carried out at another time.

In order to reduce shipping costs and the environmental impact, the system may automatically carry out an order consolidation when it includes products shipped by different pharmacies or parapharmacies. The User will be informed of any variation in the individual price of the products before finalising the payment. The User's acceptance of the final order will imply agreement with the itemised prices and shipping costs. If the User prefers to keep the original prices, they may opt for split shipping by placing separate orders, assuming the corresponding logistics costs. 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, the end User will be sent an e-mail containing all the information relating to the products purchased, their unit price, the applicable taxes, as well as the total price of the purchase and the place of delivery thereof.

In any event, the payment of sums of money over the Internet will be carried out through the platform provided by an external financial institution, which in any case will be hosted on a website under the secure SSL protocol. For your identification, confirm that the web address of the page from which you are going to make the payment begins with https://.

The Portal makes available to the User the possibility of securely storing all the data necessary to make payments, in such a way that it is only necessary to enter them on the first purchase, it being sufficient in subsequent processes for the User to enter a series of identifying data. To ensure that PromoFarma does not have access to the User's payment data and that the absolute security and confidentiality of such information is guaranteed, the secure payment platform of the company Adyen (https://www.adyen.com) is used, which allows, with total and absolute security, the storage of the data of the card used to pay, in such a way that future purchases will be much faster and simpler, it only being necessary to enter the last 4 digits of the card and the type of card in each of the purchases.

In any event, the order will be deemed completed when PromoFarma receives confirmation of payment from the secure payment service provider (Adyen). If the transaction is for any reason denied by said entity, or the full amount corresponding to the order amount is not provided (including surcharges for management fees and bank transfer commissions), it will be suspended, informing the end User that the transaction has not been finalised.

Finally, the User has at their disposal, through the private area, all the purchases made to date. In addition, they may request the invoice corresponding to the purchases made by writing to us at the e-mail address clientes@promofarma.com, specifying their DNI or identification document.

By accepting these Conditions, the User is informed of the possibility of receiving the invoice in paper or electronic format. Once the User requests the invoice, they must indicate how they wish to receive it, and PromoFarma will send it within 5 business days. If the electronic invoice has been requested, the User will receive it at the e-mail address provided through the User account. If the User requests the invoice in paper format, they must indicate to PromoFarma the postal address to which they wish the invoice to be sent.

In accordance with current legislation, we warn you that we will not be able to subsequently modify the invoicing of the sales made. Therefore, the invoice will be issued in the name of the holder of the account that actually placed the order, so the User must ensure that they place the order under the correct name, duplicate invoices not being able to be issued to send to third parties, nor may they be issued after the warranty period has elapsed.

3.2.2 PURCHASE PROCESS

The User who intends to purchase a parapharmacy, aesthetic, cosmetic or hygiene product through the Portal must follow the following procedure:

1. Once the User has accessed the Portal, they must select the products they wish to purchase, it being very important that they review their description, as well as their characteristics, conditions, delivery method and term, and final price before starting the purchase procedure.
2. Next, the User must start the electronic purchase process by adding the product to the shopping basket, pressing the "Add to my purchase" button, and then proceed to press the "Buy" button.
3. Next, the Portal itself will carry out a price comparison process on its database, offering the User the most recommendable options based on the selected items. Once the purchase option of the "best basket" has been located, the User will be able to access the detailed data of the order placed, in particular the shipping costs and the origin of each of the products that make up the shopping basket.
4. In order to personalise their purchase and have the User's data necessary to carry out the shipment, they will be asked to register or, failing that, to fill in their real and truthful data in the form that will be shown to them.
5. Finally, the User must only enter the desired payment method (PayPal or credit or debit card). At no time will we at PromoFarma act as payment service providers, nor will we have access to your bank details, these being directly managed by the corresponding banking entities in our payment gateway.

Once these steps are completed, the purchase contract will be deemed formalised between the User and PromoFarma. Once the purchase process is completed, it will not be possible to cancel or modify the order, in whole or in part, nor to change the delivery address, without prejudice to the rights to which they are entitled under clause 5 on warranties and the right of withdrawal.

3.2.3 ORDER CONFIRMATION AND INVOICING

The User will automatically receive from PromoFarma a confirmation e-mail describing the entire purchase made, as well as its characteristics, without prejudice to the fact that they will have all the order information in their private area within the Portal, which they can access by entering their registration e-mail and password. If you do not receive the confirmation e-mail, please check your junk e-mail account.

In the event that the end User selects, in the same purchase process, products that form part of specific offers and/or promotions, together with products from the permanent catalogue, the system will automatically offer the product delivery or collection option that is most economical, and in any case that produces a saving, for the end User.

When the User has an account, they have access to all the invoices that have been entered into the User account. The User can also contact PromoFarma's customer service to determine how to obtain an invoice issued by PromoFarma.

In accordance with current legislation, the User is informed that the invoice cannot be modified once the sale has been made. Therefore, the invoice will be issued in the name of the holder of the account that actually placed the order. Therefore, the User must ensure that the order is placed under the correct name, since it will not be possible to issue duplicate invoices to send to third parties.

3.3 PRODUCT DELIVERY PROCEDURE

The products purchased by the User will be delivered to the address or delivery point that they indicate in the form during the contracting procedure.

The different shipping methods offered are described below.

3.3.1 SHIPMENTS TO SPAIN

Home delivery or delivery to a collection point is available for shipments within the peninsular territory and the Balearic Islands, the Canary Islands, Ceuta and Melilla being excluded. Once the purchase order has been confirmed, the order will be prepared and delivered to the carrier. The User will receive the order placed at the address or delivery point indicated in the purchase process.

This delivery method has certain shipping costs associated with it, which may be borne by the User depending on the amount of the order placed. The User will be informed, prior to payment of the order, of the shipping costs applicable in each case.

The information relating to the delivery date, as well as the specific time before which the order must be placed to guarantee supply within this term, will be clearly indicated to the User on the Portal. In any event, PromoFarma will use its best efforts and dedication 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 supply of the products within the indicated term, such as civil protection alerts, natural disasters, health crises, strikes, to the extent permitted by applicable law, PromoFarma will not be able to guarantee said delivery term for the duration of such circumstances, especially when the User resides in places that are difficult to access or high-risk. However, the User is informed that PromoFarma will in any event make the greatest efforts to deliver the products within the foreseen term. If the Force Majeure cause persists for an uninterrupted period of more than 30 calendar days, either party may terminate the order without any penalty. In such case, PromoFarma will proceed with the full refund of the amounts paid by the User within a maximum period of 14 days, using the same means of payment used in the initial transaction, any other liability for damages being extinguished.

It is the User's responsibility to provide the correct, accurate and necessary information for the correct delivery of their order. If the User has provided invalid or incomplete delivery data that may give rise to the return of the order and its subsequent shipment to a new address, the costs associated with the return and subsequent shipment will be the exclusive responsibility of the User.

The order will be deemed delivered at the moment it has been made available at the delivery address indicated by the User when making the purchase, to the person who is at said address or a reasonably connected person (for example, the concierge), evidenced by the control system used by the carrier.

If the User purchases several products with different delivery dates, the total of the products purchased will be delivered on the date agreed for the products with the longest delivery date.

The User assumes all, and exclusively, the risks associated with the orders from the moment they are made available to them.

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

3.3.2 INTERNATIONAL SHIPMENTS

The Portal allows purchases to be made from any country, with the products being shipped by PromoFarma through the usual transport agencies. Notwithstanding this, there are certain countries, cities, towns and/or islands to which PromoFarma will not ship products, this being in any case indicated by PromoFarma before proceeding with the purchase of the product.

In any event, and before finalising the purchase, PromoFarma will inform the User regarding the maximum delivery term of the order and the total cost of said shipment, without prejudice to the fact that both may be subject to changes depending on the delivery destination and the particular circumstances that may be associated with the delivery.

Under no circumstances will PromoFarma be liable for the customs costs that may be applicable, nor for the possible retention of the shipment at the customs of the country of destination because the entry of its contents is restricted in the country of destination, it being the end User's responsibility, before making the purchase, to verify that the products purchased comply with all the legal requirements at the local level, as well as what the customs costs are that must be paid in order to receive the product.

The conditions relating to shipping costs and to the product delivery conditions are stipulated in clause 3.3.1 above

3.4 OFFERS AND PROMOTIONS

PromoFarma may launch offers, additional discounts and/or promotions in relation to the cosmetic, parapharmaceutical and personal hygiene products offered, which will have a specific duration period, being in any case subject to the requirements or temporal or availability limitations expressly indicated in each specific offer.

3.5 REGISTRATION CONDITIONS

As indicated in the Conditions of Use, only natural persons, and in no case legal persons, may create an account and place an order.

The conditions for registration as a User of the Portal are governed by the Conditions of Use available at the following link: https://www.promofarma.com/en/legal/terms

Under no circumstances is the transfer of the account between different persons authorised, it being able to be cancelled as soon as it is detected.

4 DISTANCE CONTRACTING

In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity concur.

In any event, the electronic support on which these Conditions, concluded by electronic means, are recorded will be admissible as documentary evidence in the event of a dispute between the Parties.

For these purposes, it will be understood that the completion of all the phases of the registration process and, where applicable, the payment of the corresponding sum of money, necessarily imply the provision of the consent required for contracting.

Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all the information relating thereto is made available to Users, prior to the start of the contracting procedure, which will only be applicable in the event that the User decides to proceed with the contracting, through the Portal, of products marketed by PromoFarma.

4.1 PRIOR INFORMATION

These Conditions are available to all Users of PromoFarma from the following link https://www.promofarma.com/legal/contract, freely and free of charge.

Access to the contracting process is completely free of charge, with no additional associated cost, apart from those necessary for the User to have an Internet connection.

All the products marketed are described in the product sheet made available to Users, those matters which were not expressly indicated therein not being understood to be included.

PromoFarma, as an Information Society service provider, will archive the electronic document in which this contract is formalised. Said electronic document will be accessible to the User by means of the link that will be provided to them as an annex, from where it may be downloaded and printed by the end User and where these Conditions will be included.

PromoFarma will introduce adequate and sufficient technical means to identify and correct technical errors in the management of the information insofar as it is its responsibility.

The language in which the contracting procedure will be processed and in which this contract is formalised will be, unless otherwise indicated, Spanish.

4.2 LIMITS ASSOCIATED WITH SALES

All our campaigns have a specific duration period, which may be reduced by the sale of all available stock, which will be indicated by PromoFarma.

In the event that the sale of the product is subject to some type of limitation, whether temporal or due to the availability of units of the product, said limitation will be duly informed in the description of the specific product in such a way that the User has full knowledge before proceeding with the purchase of the product.

In sales promotion activities with limited stock, PromoFarma will inform the User of the availability of the remaining units when these are fewer than ten (10).

In the event that the stock allocated to the promotion runs out during the product selection process, the system will inform the User of this circumstance before the definitive confirmation of the order. In such case, the current ordinary price will be indicated, offering the User the possibility of continuing with the purchase under the new conditions or of cancelling it at no cost. The mere inclusion of a product in the shopping basket does not guarantee the reservation of the stock or of the promotional price until the payment is completed

In the event that PromoFarma becomes aware that a certain product cannot be marketed in a certain country, it will not allow its purchase from said country, nor its shipment to said country. However, PromoFarma only guarantees this control in the event that the product is purchased and shipped within the State of Spain.

4.3 REFER FRIENDS

Users registered on the Portal may refer friends and family and obtain gift vouchers in accordance with the Conditions of Use, which can be consulted at the following link: https://www.promofarma.com/en/legal/terms

4.4 GIFT VOUCHER, AND PROMOTIONAL CODES OF PROMOFARMA

PromoFarma reserves the right to provide 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 at all times be informed in the User'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 intended for that purpose, it will become a gift voucher within the User's private area and will have the same characteristics.

In any event, and unless otherwise indicated in the User'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 regard, we inform you that the surplus of said codes will not be saved for future purchases, so it is recommended to use the gift voucher on purchases equal to or greater than its value. Once the code has been validated in a transaction, any unused remaining balance will be deemed extinguished

PromoFarma may carry out occasional promotions whose purpose is to regulate the allocation of gift vouchers to those Users who make a certain purchase. In the event that, once the purchase in question has been made by the User, the gift voucher allocated does not get loaded into their account, due to some type of operating system incident, PromoFarma will only load the corresponding gift voucher after receiving notice of the incident from the interested User. Likewise, once the notice has been received and before proceeding with the effective allocation of the gift voucher, PromoFarma will have to verify compliance with the specific conditions of the promotion, the intention to purchase and the non-cancellation thereof. However, those notices received or processed by PromoFarma after the validity date of the gift voucher in question will be deemed made outside the conditions of the promotion, the allocation of the gift voucher to the User not being applicable in that case.

In the event that the User proceeds with the cancellation of their purchase, in which they had used a gift voucher for the full payment of the products purchased, PromoFarma will refund the amount in gift voucher format into the User's account. In the event that the User proceeds with the cancellation of their purchase, in which they had used a gift voucher for the partial payment of the products purchased, PromoFarma will refund the amount paid with the gift card in gift voucher format into the User's account.

5 WARRANTIES AND RIGHT OF WITHDRAWAL

5.1 WARRANTIES

PromoFarma guarantees that all the products sold by PromoFarma on the Portal are original products of the brand, with the manufacturer's warranty and without any defect, having their legally recognised warranty periods.

PromoFarma will be liable to the consumer for any defects that become apparent during a period of three years from delivery, which will be deemed to have taken place on the day that appears on the invoice or purchase receipt, or on the delivery note if this is later.

Given the nature of parapharmacy, cosmetic and food products, the legal warranty will apply to defects of origin or lack of conformity that become apparent within the useful life of the product, provided that the instructions for use, conservation and storage indicated on the labelling have been observed.

For products with an expiry date or best-before date, the warranty will cover those defects of origin that become apparent within their established useful life. It is guaranteed that the products, at the moment of delivery to the User, will have a sufficient period for their consumption.

In the event that the product marketed shows any damage, we ask that you contact PromoFarma's customer service as soon as possible at clientes@promofarma.com at the moment when its defects are verified, in order to indicate to you the procedure for returning the product. When the goods, digital content or services delivered or supplied by PromoFarma do not conform to the contract by not meeting the subjective or objective requirements established, the User may demand that they be brought into conformity through repair or replacement (unless one of these options is impossible or disproportionate), the price reduction or the termination of the contract, all of this under the terms and conditions established in the applicable regulations. PromoFarma will be liable for the lack of conformity of the good during the periods and under the conditions legally established. Likewise, the consumer is subject to compliance with the requirements and periods provided for in the legislation for the exercise of these rights. Said procedures will in no case entail a cost for the User.

To claim and enforce the warranty, the User may approach both PromoFarma and the manufacturer of the product within a general period of 3 years from the delivery of the product and always in accordance with the conditions and limitations provided in the applicable regulations and the characteristics of the product, as set out in this clause. If the defect or lack of conformity becomes apparent after 2 years from the delivery of the product following the purchase, the User must demonstrate to the manufacturer or seller that the fault, defect or lack of conformity already existed when the product was delivered, that it existed from origin.

5.2 RIGHT OF WITHDRAWAL

In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, Users are hereby informed of the following aspects:

All Users may exercise their right of withdrawal without the need for justification within the maximum period of 14 calendar days from the moment the User or a third party indicated by the User received the product, this being exercised directly against PromoFarma. To meet the withdrawal deadline, it is sufficient that the communication relating to the exercise of this right by the User is sent before the corresponding period expires.

The User who wishes to exercise their right of withdrawal in respect of the purchase made must follow the following steps:

1. To exercise your right of withdrawal, you must inform us by means of an unequivocal statement to clientes@promofarma.com or any other contact channel available at www.promofarma.com of your decision to withdraw from this contract. You may use the model withdrawal form, although its use is not mandatory. You can download the withdrawal form at https://www.promofarma.com/en/order-withdrawal

You can also exercise your right of withdrawal at www.promofarma.com or in the application through the withdrawal function.

2. Once the request to exercise the right of withdrawal has been received, the system will send an e-mail confirming that it has received the request and informing the User of how to proceed with the return of the product.
3. The User must proceed with the return without any undue delay and, in any event, no later than within the period of 14 calendar days from the date on which they notify us of their decision to withdraw from the contract. The deadline will be deemed met if the User returns the goods before said period has ended.

The User must assume the direct costs of the return, informed in any case by PromoFarma during the process.

4. PromoFarma will proceed to refund the sum of money paid (including, where applicable, the shipping costs corresponding to the least expensive ordinary delivery method, and minus the direct costs of the return in the event that the transport offered by PromoFarma has been used) within a maximum period of 14 calendar days from the moment of receipt of the request for the right and of receipt of the product purchased or confirmation of its shipment. In any event, the payment of the sums of money will be made through the means used by the User to make the initial payment, unless the User states a different one, in which case they may incur additional costs

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 unsealed and without clear signs that it has been opened, used and/or handled. Once the product has been received, if any type of handling, damage or sign is detected that would suggest that the product in question has been handled, unsealed, opened, modified, altered, or there is a risk thereof, the product in question will be returned immediately to the end User by postal shipment cash on delivery, the User assuming the shipping costs. In this regard, the return of all those products that do not present any type of handling of the seal or protective film of the box or wrapping will be accepted.

In the case of products that require their opening and use in order to be able to know whether they work properly, the User is requested to, as far as possible, return the product together with its original packaging, documentation and complete accessories. The User will be responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics or functioning thereof. In the event of a lack of original elements or damage to the product, the User accepts that it may undergo a proportional depreciation.

Likewise, and in accordance with the provisions of current regulations, it will not be possible to exercise the right of withdrawal in those cases in which products made to the User's specifications that are clearly personalised are purchased, or which, by their nature, cannot be returned or may deteriorate or expire rapidly. Likewise, it will not be possible to exercise the right of withdrawal when the products that are already unsealed are not suitable for return for reasons of health protection or hygiene.

In the event that the User proceeds with the cancellation of their purchase in which they had used a gift voucher(s), or exercises their right of withdrawal over any of the products purchased using a gift voucher(s), PromoFarma will refund the corresponding gift voucher, reactivating it in the User's account.

5.3 PROMOFARMA'S RESPONSIBILITIES

PromoFarma undertakes to ensure in all cases that the contents, data or information regarding the products or services offered on its website are reliable, truthful and accurate.

PromoFarma will proceed to correct, replace or delete the contents that harm the rights of third parties as soon as it is technically possible once it becomes aware thereof. Likewise, PromoFarma encourages visitors who detect contents that breach the Conditions of Use or these Conditions to contact PromoFarma through legal@promofarma.com to expedite the application of the corresponding remedies.

5.4 CUSTOMER SERVICE

PromoFarma, as co-controller of the Portal in charge of the marketing and sale of the products, offers a customer service in Spanish, available 5 days a week, from Monday to Friday, from 09:00 hours to 18:00 hours (mainland Spain time), in which due attention will be given to all queries, complaints and questions raised in relation to the purchase of products through the PromoFarma system. The contact channels made available are:

• Postal mail: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
• Through this Contact Form: https://promocionesfarma.zendesk.com/hc/es/requests/new
• Through chat.

To guarantee direct attention from the customer service department, in the event that a User has any claim, they will be provided with an identification number and the receipt of the claim submitted will be sent to their e-mail address.

PromoFarma will respond to the claims received within the shortest possible time and in any event within the maximum period of 1 month from the submission of the claim.

6 ESTABLISHMENT ADHERING TO CONFIANZA ONLINE

Our entity adheres to Confianza Online (a non-profit Association), registered in the National Registry of Associations, Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: www.confianzaonline.es.

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that, as an adhering entity and under the terms of the Code of Conduct, Users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/como-reclamar/formulario of claims). If these relate to electronic transactions with Users, or to data protection when related to this area, the claims will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of disputes in consumer matters.

If the claims concern digital advertising, or data protection related to this area, they will be submitted to the Advertising Jury of AUTOCONTROL.

7 UNAUTHORISED USES

PromoFarma reserves the right to cancel a User Account, which may give rise to the termination of this contract. In particular, said termination may be carried out in the event that the User's breach of any of the contractual obligations established in these Conditions is found, as well as the use of the Portal in a manner contrary to the Conditions of Use (https://www.promofarma.com/en/legal/terms), the Privacy Policy (https://www.promofarma.com/en/legal/privacy) and the good faith practices accepted in the sector. The exercise of this right will always be carried out proportionally, having weighed other alternatives, and always in safeguarding the interests of PromoFarma and of the rest of the platform's Users in order to guarantee the functioning of the Portal and the absence of threats such as, for example, security breaches or financial fraud.

8 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Portal and all its elements, including the trademarks, the logos, the photographs, the programs, the source codes, the object codes, the data, the databases, the animated or non-animated images, the sounds, the drawings, the graphics, the videos, the texts, the layout, the appearance, the structure, as well as any other element not linked to links with third-party sites, are the property of PromoFarma or are subject to a licence granted in its favour by any holder of intellectual or industrial property rights.

All these elements are subject to the provisions of the applicable Spanish and international regulations on intellectual and industrial property and, therefore, are protected against any use not authorised by law or by these Conditions of Use, under penalty -in the event of breach- of legal action.

PromoFarma grants the User, on a personal, non-exclusive and free-of-charge basis, the right to consult and use the Portal for their own use and within the strict framework of the operations authorised in these Conditions of Use.

Without prejudice to these rights of use granted to the User by PromoFarma, the use of the Portal does not imply any licence or assignment of rights relating to elements of the Portal in favour of the User. In particular, any copying, reproduction, representation, adaptation, modification, distribution of all or part of the Portal, as well as of all or part of its content, by any means and on any support, is illegal, except with the prior, express and written authorisation of each of the Sellers or of the holder of the intellectual and industrial property rights.

The breach of these provisions, in particular for the purposes of commercial exploitation, may give rise to the exercise of legal action for acts of unfair competition or infringement of industrial or intellectual property rights at the initiative of the holders of the rights in question. The foregoing is understood without prejudice to PromoFarma's other rights, in particular that of obtaining compensation for the damages suffered.

9 RESPONSIBILITIES

The Parties undertake to comply with their legal and contractual obligations under these Conditions. If one of the Parties breaches any of its obligations or prevents the other from fulfilling them, the latter will be entitled to claim compensation for the damages caused.

The parties are responsible for the breaches they may have personally committed, the other party being exempt from any error, fault or negligence not attributable to it, as well as from the damages arising from such breaches or errors attributable to the other party.

PromoFarma will make its best commercial and technical efforts to keep its services available through the Portal. However, this obligation will not apply to any unavailability or lack of performance caused by:

1. Temporary inactivity of the Portal due to technical updates and/or maintenance
2. Causes beyond PromoFarma's control: force majeure, Internet access problems, technological problems beyond the reasonable and diligent management of the Portal's holder, acts or omissions of third parties, etc.

In all the above cases, beyond the reasonable control and diligence of PromoFarma, and to the extent permitted by law, the PromoFarma User will not be compensated for loss of profit or damages.

PromoFarma will not be liable for any breach of its contractual obligations that is the consequence of an unforeseeable circumstance or force majeure. In particular, PromoFarma will not be liable for the breach or delay in the processing of orders caused by events beyond its control (hereinafter, a "Force Majeure Event"). A Force Majeure Event includes any act, event, omission or accident beyond PromoFarma's control and includes, but is not limited to:

1. Strikes, lockouts, stoppages, interruptions or similar actions.
2. Civil disturbances, riots, invasion, terrorist attack or threat of terrorist attack, war (declared or not), threat or preparation of war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of using transport by rail, ship, plane, road or any other means of private or public transport.
5. Impossibility of using public and private telecommunications networks.
6. Laws, decrees, acts, regulations or restrictions of any government.

The performance of these Conditions will be suspended for the duration of the Force Majeure Event, extending the delivery term accordingly. PromoFarma will do everything possible to stop the Force Majeure Event or to find a solution that allows it to comply with its contractual obligations.

10 CLOSURE OF THE PORTAL

PromoFarma reserves the right to temporarily or permanently interrupt access to all or part of the Portal, in particular in the event of cessation of activity in relation to the provision of the Portal or in the event of insolvency proceedings.

11 ASSIGNMENT

With due respect for the applicable legislation, the User accepts that these Conditions, which bind them to PromoFarma, may be assigned or transferred in any manner. In the context of an assignment by PromoFarma to a third party, these Conditions will be automatically transferred to the assignee.

12 SAFEGUARD CLAUSE

All the clauses or matters of this contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by a final judicial judgment or arbitration award. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Conditions.

13 APPLICABLE REGULATIONS

These 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 Law on Consumers and Users, Law 7/1998, of 13 April, on General Conditions of Contracting, Law 7/1996, of 15 January, on the Regulation of Retail Trade, Regulation (EU) 2016/679, General Data Protection, Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, and other legislation of a general nature or of subsidiary application in accordance with the basic principles governing the Spanish legal system.

Without prejudice to the foregoing and to the default application of Spanish national regulations, insofar as PromoFarma is not an information society service provider that directs its services towards a State other than Spain, in accordance with the provisions of the Directive and only in those cases in which it is mandatory, the particular conditions that may be applicable in the country of residence of the end consumer will apply.

14 COMPETENT COURTS

These Conditions are governed by Spanish law. The Parties submit, at their choice, for the resolution of disputes and with waiver of any other jurisdiction, to the courts and tribunals of the User's domicile. Likewise, as an entity adhering to Confianza Online and under the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection and the protection of minors, the User may turn to the out-of-court dispute resolution system of Confianza Online (www.confianzaonline.es).

To submit claims in the use of our services, the User may contact us by mail at the electronic or physical address indicated in the "Identification" section, we undertaking to always seek an amicable solution to the dispute.

15 MODIFICATIONS TO THE CONTRACTING CONDITIONS

PromoFarma reserves the right to modify these Contracting Conditions at any time by publishing the updated versions on the website.

However, in the event that a modification affects your registration as a User, we will inform you through the established contact channels. The changes to these Contracting Conditions will be deemed accepted if, after their publication and entry into force, the User makes a new purchase at PromoFarma and, consequently, the Contracting Conditions will be fully applicable to them from their entry into force. If you do not agree with any change made to these Contracting Conditions, you must refrain from making a new purchase at PromoFarma.

Last updated: 30 July 2026

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