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Conditions of Use
By accessing, browsing or using the Website www.promofarma.com, the user gives their express and unreserved acceptance of all the terms of these Conditions of Use, which will have the same validity and effects as a written and signed contract.
Adherence to and compliance with these conditions is mandatory for any person who accesses, browses or uses the Website. If you do not agree with these conditions, please do not access, browse or use any of the Website’s pages
1. COMPANY INFORMATION
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EU regulatory requirement DSA
You may contact us by e-mail or by calling the telephone number +34 902 930 918 from Monday to Friday, 8 a.m. to 8 p.m.
The cost of calls is 15 cents for the call connection and 7.2 cents/min. from landlines. To find out the rate from your mobile, check with your operator.
2. PURPOSE AND SCOPE OF APPLICATION
The present conditions of use regulate the access, browsing and use of the Website www.promofarma.com, notwithstanding the fact that PromoFarma reserves the right to modify the presentation, settings and content of the Website as well as the conditions for access and/or use of the same. By accessing and using the Website content after such modifications or changes have been made, the user accepts the same.
However, access to certain content and the use of certain services may be subject to specific conditions which will at all times be clearly displayed and which must be expressly accepted by the user. Said specific conditions may replace, compliment or, if applicable, modify the present conditions of use.
PromoFarma reserves the right to modify the terms and conditions set out herein, either partially or in full, publishing any change in the same manner as it has published these Conditions of Use or by means of any type of notification to users.
3. ACCESS AND REGISTRATION
Access to the Website content is completely free of charge, although there may be specific sections or services that require the payment of a charge for their use. The user will, in all cases, be duly notified of this and must give their express acceptance if they wish to use them.
If you do not have a username and password to access our platform www.promofarma.com, you must sign up via the following link https://www.promofarma.com/signup, where you must enter your true and accurate details, as this is the only way we will have of processing any possible future orders and correctly managing our commercial relationship.
In addition, it is also possible to register as a user via our official Facebook page, https://www.facebook.com/promofarma or via sign-up campaigns carried out by other websites that are officially authorised to register new users.
People under the age of 18 are not permitted to access the Website. However, if a minor should access and register on the Website, it will be assumed that this access has been carried out with the prior express authorisation of their parents, guardians or legal representatives, although PromoFarma reserves the right to perform as many checks as it considers necessary.
Registration is not required in order to access and browse the Website, however, to make any purchase or to receive regular advertisements, information and offers related to our promotional campaigns and products, it is necessary to fill in the electronic registration forms. Registration on the Website is free of charge unless otherwise expressly indicated.
Under no circumstances shall PromoFarma bear any responsibility for the truthfulness of the registration data provided by the end users, and as such, each end user is responsible for the possible consequences, errors or faults that may result from incorrect data.
3.1. USER REGISTRATION REQUIREMENTS
To register as a user you must be over 18 years old and provide the data requested and marked as compulsory.
Similarly, registered users accept that their registered User Accounts are personal and non-transferable, bearing in mind that registration is limited to natural persons and is not permitted for companies.
Under no circumstances may a user account be shared between different people, and PromoFarma may delete any such account as soon as it is detected, while reserving the right to apply any corresponding legal measures.
3.2. CANCELLATION OF USER REGISTRATION
Users may request to cancel their registration at any time simply by writing to legal@promofarma.com, indicating their username and the specific service from which they wish to cancel their registration.
In any case, after cancelling their registration, the user may register once again as a customer, although PromoFarma reserves the right to refuse registration in the specific cases specified in the “Non-authorised use” clause or in the event of conflict or dispute between the parties, either ongoing or with a ruling of guilt or negligence on the part of the customer and/or injury to PromoFarma, its employees and partners or its users, customers or potential customers.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
PromoFarma is the owner of or, as applicable, owns the corresponding licenses for the exploitation of the Website’s intellectual and industrial property, as well as the intellectual and industrial property rights for the Website’s information, materials and content.
Under no circumstances shall the access, browsing and use of the Website by the user imply a full or partial waiver, transfer, licence or assignment of said rights by PromoFarma. The user has the right to use the Website’s content and/or services within a strictly domestic scope.
References to brands, registered trade names or other distinctive signs, whether owned by PromoFarma or other third-party companies, imply the implicit prohibition over their use without the consent of PromoFarma or the legitimate owners. At no time, unless expressly stated otherwise, shall the access, browsing or use of the Website and/or its content grant the user any right over the distinctive signs contained in the same.
All rights are reserved over the intellectual and industrial property related to the content and/or services of the Website, and in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any format, all or part of the content included on the Website, for public or commercial purposes, without the prior written authorisation of PromoFarma or, where applicable, the owner of the corresponding rights.
In the event that the user sends information of any type to PromoFarma via the Blog or via the other channels provided for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other third-party rights, that said information is non-confidential and that it is not damaging to third parties.
The user acknowledges that they assume responsibility for any communication made personally or in their name, with no restrictions in terms of preciseness, legality, originality and ownership thereof, and holding PromoFarma harmless for the same.
5. LINKS
5.1. LINKS TO OTHER WEBSITES
In the event that the Website displays links to other websites by means of buttons, links, banners or embedded content, PromoFarma hereby informs you that these are directly managed by third parties, and that PromoFarma does not have the human or technical resources to previously view and/or control and/or approve all the information, content, products or services provided by other websites for which links may be displayed on the Website.
As a result, PromoFarma cannot assume any type of liability for aspects related to websites for which links may be displayed on its Website, with such aspects including but not limited to operation, access, data, information, files, quality and reliability of the products and services, the website’s own links and/or any of its content in general.
In this regard, if a user becomes aware that the activities carried out over such third-party websites are illegal or contrary to morality and/or public order, they must immediately inform PromoFarma so that the latter may proceed to disable the link in question as soon as possible.
In any case, the establishment of any type of link from the Website to another third-party website shall not imply the existence of any type of relationship, partnership or dependency between PromoFarma and the party responsible for the other website.
5.2. LINKS TO THE WEBSITE ON OTHER PLATFORMS AND SOCIAL NETWORKS
PromoFarma uses different tools and applications to provide its users with links that allow them to access the channels and pages of the Website and the Blog from different social networks or platforms belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The sole purpose of installing these applications on the Website and the Blog is to make it easier for users to access said channels via the different platforms and social networks.
The installation of these applications does not imply the existence of any relationship between PromoFarma and the owner, manufacturer or distributor of the linked platform, and neither does it imply the acceptance or approval by PromoFarma of its content and/or services, with said owner, manufacturer or distributor being the only party responsible for the same.
Under no circumstances shall PromoFarma share any type of private information on its users with Facebook, Twitter or any other social network that may be added in the future, with its only purpose being that which is established in the present Conditions of Use and the Privacy Policy https://www.promofarma.com/en/legal/privacy. In this regard, if the user wishes to provide these platforms with information, this shall be the user’s own responsibility and shall not involve PromoFarma.
The activation and use of these applications may require the user to provide a username and password on the platforms in question, which are completely external to the Website and beyond the control of PromoFarma. By accessing said external networks, the user enters an environment that is not controlled by PromoFarma, and as such PromoFarma shall assume no responsibility for the security settings of such environments.
As PromoFarma has no control over the content hosted on such channels, the user acknowledges and accepts that PromoFarma assumes no responsibility for the content or services that the user may access on such websites, nor for any content, products, services, advertising or any other material they may provide. As such, the user must take care when evaluating and using the information, content and services available on the linked channels, and when deciding to share their own or third-party information on such channels.
5.3. LINKS TO THE WEBSITE FROM OTHER WEBSITES
PromoFarma does not authorise the creation of links to the Website from other websites that contain material, information or content that are illicit, illegal, degrading, obscene or, in general, that are contrary to the law, morals, public order or generally accepted social standards.
In any case, users may establish links on their own websites that connect with the Website, as long as they meet the following conditions: a) the link may not reproduce the Website’s full or partial content in any way; b) it is not permitted to create a browser or a border environment on the different sections of the Website, nor may the platform be modified in any other way; c) it is not permitted to make false, imprecise or incorrect statements or indications regarding the Website and/or, in particular, to state or imply that PromoFarma has authorised the link or supervised or authorised in any way the contents or services offered or provided on the website that hosts the link; d) the website that contains the link to the Website may not contain information or content that is illicit or contrary to morals, generally accepted social standards or public order; nor may it contain content that contravenes any third-party rights, including intellectual and industrial property rights and/or the right to honour, personal or family privacy, personal reputation or any other right, or content that contravenes personal data protection regulations.
PromoFarma does not have the power or the human or technical resources to previously view, control or approve all the information, content, products or services provided by other websites that contain links to the Website. PromoFarma assumes no type of liability for any aspects related to websites that contain links to its Website, with such aspects including but not limited to operation, access, data, information, files, quality and reliability of the products and services, the website’s own links and/or any of its content in general.
5.4. PROMOFARMA HEALTH POINTS PROGRAM
PromoFarma's loyalty program (hereinafter, the "Health points Program") offers its Users the opportunity to earn points (hereinafter, the "Health points"), for the purchase of selected products, -with the exception of OTC products, baby milk from 0 to 6 months, and special milk for babies-, through the website, or for carrying out any of the actions detailed below in section 5.4.2.
Subsequently, the points earned can be used as a discount and payment method for future purchases, as well as allowing users to access exclusive PromoFarma benefits and experiences.
To become a member of the Health points Program, you must be a PromoFarma user or register using the usual process provided for registration as a user through the website.
5.4.1. USER TIERS
Different levels may be reached within the Health points Program according to the Health points that the User has obtained for the purchase of products through the Website (expressly excluding Health points obtained through any other means, such as promotions, anniversary date or download of the app) during the last twelve (12) months, regardless of whether they have been redeemed or not within such period. Each User tier will allow the User to access exclusive services, promotions and benefits offered by PromoFarma.
| Tier 1 | 0-350 Health points | For more information on the benefits available to you, click here. |
| Tier 2 | 351- 1000 Health points | For more information on the benefits available to you, click here. |
| Tier 3 | 1001 – 3500 Health points | For more information on the benefits available to you, click here. |
| Tier 4 | From 3500 Health points | For more information on the benefits available to you, click here. |
5.4.2. POINTS EQUIVALENCE AND HOW TO EARN POINTS
Health points can be earned by the user through any of the actions listed below:
| POINTS OBTAINED | POINTS EQUIVALENCE | |
|---|---|---|
| For every 1€ spent on the Website | 3 Health points | 0,03€ |
| For downloading our App, accessing and logging in to our App | 500 Health points | 5€ Does not count for the purpose of upgrading User tier. |
| For the purchase of any Docmorris branded products | 4 Health points | These points will be added to your User account and will allow you to access various promotions and exclusive PromoFarma Health points Program experiences. |
| For purchases over 100 euros (excluding medicines, milk for babies from 0 to 6 months, special baby milks and shipping costs) | 100 Health points | These points will be added to your user profile and will allow you to access various promotions and exclusive PromoFarma Loyalty Program experiences. |
| For filling in your birthday | 100 Health points | These points will be added to your User account and will allow you to access various promotions and exclusive PromoFarma Health points Program experiences. They do not count for the purpose of upgrading User tier. |
| By upgrading User tier, the User will be rewarded with the acquisition of additional Health points. |
- Upon upgrading to Tier 2, the User will receive 100 Health points. - Upon upgrading to Tier 3, the User will receive 200 Health points. - And, when upgrading to Tier 4, the User will receive 300 Health points. |
They do not count for the purpose of upgrading User tier. |
Also, as the user advances in the tiers, they will be rewarded with additional health points or exclusive benefits:
- Upon upgrading to Tier 2, the user will earn 100 Health points.
- Upon upgrading to Tier 3, the user will earn 200 Health points.
- Upon upgrading to Tier 4, the user will earn 300 Health points.
5.4.3. EARNING AND REDEEMING POINTS
Health points will be included in the User´s Account, which can be accessed under the "Health points" section.
Users will also be able to check their User´s Account for the number of Health points associated with obtaining discounts on future purchases, as well as their equivalence in euros. On the other hand, the user will be able to view the total number of Health points earned per purchase to date and, consequently, their current tier according to the established criteria.
They will also be informed in their User Account of the expiry date of the Health points and the Health points that may have been redeemed by the User.
When the Health points are obtained for the purchase of selected products, and this action entails the possibility of obtaining economic discounts, by the provisions of section 5.3.2, they will be displayed in the User's Account in a "pending" status, for a maximum of seven (7) calendar days after confirmation of the purchase and can be redeemed when they are activated.
When Health points are used as a discount on purchases, the reduction will be applied to the final price of the products in accordance with the equivalences indicated above. The Health points discount does not apply to the related costs of the order, such as shipping costs. Before completing the purchase process, you can redeem your earned Health points by clicking on "Redeem points". In the same space, you will be able to see the Health points available for use in that purchase and the corresponding discount. The discount applied will be reflected proportionally on all products, except those that are exempt from the Health points Program.
Health points cannot be combined with other discount codes or gift vouchers that the user may have, but they can be combined with automatic discounts applied to products marked with a pink stripe on the product description page.
In any case, please note that the discount applicable for the redemption of points may not exceed twenty-five per cent (25%) of the total amount of selected products.
5.4.4. EXEMPT PRODUCTS
The products sold by PromoFarma are eligible to generate Health points for the Health points Program and to benefit from the discounts obtained by it, with the exception of the following products:
- OTC products - non-prescription medicines
- Milk for babies from 0 to 6 months.
- Special milk for babies
5.4.5. HEALTH POINT EXPIRATION
Points earned for purchases prior to 25/6/2024 will be valid for twelve (12) months.
Points earned for purchases from 02/07/2024 to 04/11/2014 will be valid for six (6) months.
Points obtained for purchases from 05/11/2014, after the corresponding validation time of seven (7) calendar days after the purchase, will be valid for three (3) months, unless otherwise indicated in any campaign, program or in the case of points obtained in ways other than for the purchase of products through the Website.
In the case of Health points obtained by downloading from the App, the period for the redemption of points will be seven (7) calendar days.
In the case of points obtained for exclusive campaigns or additional benefits sent by electronic communication, you must consult the conditions directly in the communication. These terms are applicable both to the expiry of points to use in your purchases as a payment method, as well as in the calculation of the program tier.
Once these periods of time have elapsed, the Health points will expire and these points will not be redeemable on future purchases, nor will they be taken into consideration when calculating the User Tier. However, the User will have at his/her disposal the information relating to accumulated, redeemed and expired Health points in the "Points History" in the User Account, Health points section.
5.4.6. ORDER CANCELLATION
If the User and/or PromoFarma cancel the order in which Health points were earned, they will also be cancelled and deducted from the User Account.
Generally, points redeemed on future purchases will not return to the User's Account, except if, in view of the result of the purchase, they cannot be redeemed in accordance with the conditions set out in this section.
If the User and/or PromoFarma totally cancels the order, and Health points have been redeemed in such purchase, they will be available again in the User Account, within a maximum period of forty-eight (48) hours. However, in the event of a partial cancellation of the order, no points will be returned to the User Account.
5.4.7. CANCELLATION OF THE HEALTH POINTS PROGRAM
The Health points Program is a service available within the User Account.
As a PromoFarma User, you have the right to unsubscribe from the Health points Program. To do so, you must unsubscribe your User Account at PromoFarma. Once the cancellation is considered effective, the User will receive a confirmation email.
Please note that with the confirmation of your cancellation, you will lose the benefits associated with the Health points Program. If you subsequently wish to re-register and join the Health points Program (according to the procedure in force on the website at that time), the conditions in force at the time of reactivation will apply and the information and points history of the old User Account will not be transferred.
Likewise, PromoFarma may unilaterally cancel or temporarily suspend without prior notice any registration in the Health points Program if there are reasonable indications or suspicions of non-compliance by the User with the conditions and policies applicable to the website.
5.4.8. CHANGES TO THE HEALTH POINTS PROGRAM
PromoFarma may modify the terms applicable to the Health points Program at any time due to any of the following reasons: (a) to reflect changes in regulatory requirements or legislative changes; (b) changes in costs that make the Health points Program unsustainable; (c) to implement new promotions or loyalty programs; (d) to implement adjustments and improvements to the Health points Program; (e) any other justifiable reason or as permitted by law.
PromoFarma shall communicate any changes sufficiently in advance in the manner it deems appropriate, i.e. through the Website, your User Account, by e-mail or by any other means. Continued use of the Health points Program after the modification comes into effect will indicate acceptance by Users of the modified terms. If the User does not accept the modified terms, the User may unsubscribe from the Health points Program in the manner provided for in section 5.4.7. of the Terms of Use.
6. CONDITIONS OF USE OF THE WEBSITE
Access to or use of the Website for illegal, non-authorised purposes, whether or not for financial gain, is prohibited and the consequences thereof shall therefore be the exclusive responsibility of the user. More specifically, such prohibited activities include but are not limited to:
- using the Website in any manner that may cause damage, interruption, inefficiency or errors in its operation or in a third-party device;
- using the Website to transmit, install or publish any virus, malicious code or other harmful programs or files;
- using the Website to gather the personal data of other users;
- registering on the Website using a false identity, impersonating third parties or using a profile or carrying out any other action that may mislead other users regarding the source of a message;
- gaining unauthorised access to any section of the Website, to other systems or networks connected to the platform, to any PromoFarma server or to the services offered over the Website, by means of hacking or forgery, password mining or any other illegal activity;
- cracking or trying to crack the Website’s security or authentication features or those of any network connected to the Website, or the security or protection features incorporated into the Website’s content;
- carrying out any action to place an excessive or unnecessary load on the Website’s infrastructure or PromoFarma’s systems or networks, as well as the systems and networks connected to the Website; or
- preventing the smooth running of an event, competition, promotion or any other activity available over the Website, or any of its functions, whether by altering or trying to alter, by illegal or any other means, the access, participation or operation of such activities, or forging the results of same and/or using fraudulent participation methods by means of any procedure and/or any practice that contravenes or infringes the present Conditions of Use in any way.
Failure by the user to comply with any of the above-mentioned obligations may result in PromoFarma adopting the measures provided for by Law as falling within its rights and obligations, and may delete or block the account of the offending user, with the latter not being entitled to claim any compensation whatsoever for the damages caused.
Similarly, the Website has areas via which users may participate, publish their own content and/or share their own content or content published by PromoFarma. Said areas may be owned by PromoFarma and therefore be dependent on or controlled by the latter, or by third parties, in which case they are independent social networks not related to our organisation and for which we cannot take responsibility over the correct functioning, conditions or policies set out by the owners thereof, with the user themselves being responsible for consenting to and acknowledging at all times the processing of the information published on said platforms.
In any case, you are hereby informed that when you participate in any of these areas, the other Website users may access and use all your published content. PromoFarma cannot control the use made by other people of your content and therefore assumes no responsibility for the same. PromoFarma recommends that you do not publish personal details or materials protected by intellectual or industrial property rights or any other rights.
For the purpose of ensuring that the platform is a secure environment and to protect our users, it is strictly prohibited to publish content that:
- may be considered to infringe in any way the basic rights of honour, personal and family privacy or the personal reputation of third parties and, in particular, of minors;
- includes photographs displaying images or personal details of third parties without having obtained the due consent of the persons in question;
- violates the secrecy of communications, intellectual or industrial property rights or personal data protection regulations;
- contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or that is in any way contrary to morals or public order;
- contains “spam” and/or links to websites that are unrelated to the space in question;
- whose purpose is to promote and/or publicise the sale, consumption and/or use of any products and/or services and, in particular, medicines, formulas for medicinal purposes and/or medical devices, to influence the decision-making of other users with regards a certain treatment, or to influence their purchasing decisions in favour of any manufacturer of medicines and/or medical devices;
- includes advertising or commercial communications for sending messages with the purpose of advertising or to gather data.
Any user who breaches the above prohibitions shall be liable for any claims resulting from such a breach. Even if there are no resulting claims from third parties, PromoFarma reserves the right to deny access to the Website or participation in the Blog to those users who fail to comply with the above conditions.
PromoFarma does not control the content published by users on the Website and is not responsible in any way for such content. Notwithstanding the above, PromoFarma reserves the right to supervise and/or moderate any content published by users on the Blog and to edit or delete the content if it violates the present Conditions of Use or the Privacy Policy https://www.promofarma.com/legal/privacy. Similarly, if you find any information or content on the Website that may be unsuitable, contrary to current regulations or to the conditions set out on this Website, we ask you to contact PromoFarma immediately via any of the available contact channels.
7. RESPONSIBILITIES AND GUARANTEES
PromoFarma cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services on the Website, nor the usefulness or truthfulness of the documentation provided on the same.
Therefore, PromoFarma neither guarantees nor accepts responsibility for: (i) the continuity of the Website’s content; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful elements on the Website or the server that hosts it; (iv) the invulnerability of the Website and/or the impossibility of breaching its security; (v) the lack of usefulness or efficiency of the Website’s contents; and (vi) the damage or harm that could be caused, to itself or to a third party, by any person who violates the conditions, rules and instructions that PromoFarma establishes on the Website, or by a breach of the Website’s security systems.
However, PromoFarma declares that it has taken all the necessary measures within its power and in light of current technology to guarantee the functioning of the Website and minimise system errors, both in terms of technical aspects and the content published on the Website.
If the user becomes aware of the existence of any content that is illicit or illegal, contravenes the law or may represent a violation of intellectual or industrial property rights, the applicable personal data protection regulations and/or any other right, they must immediately notify PromoFarma so that it may take the appropriate measures.
PromoFarma does not guarantee the lawfulness, reliability or usefulness of the content supplied by third parties over the Website.
PromoFarma does not intend to promote and/or publicise the sale, consumption and/or use of medicines, formulas for medicinal purposes and/or medical devices, to influence users’ decision-making with regards a certain treatment, or influence their purchasing decisions in favour of any manufacturer of medicines and/or medical devices.
PromoFarma shall not be responsible for ensuring that the information published on the Website by third parties (news from external sources, reports from external professionals, etc.), or the content on other websites accessed via links on the Website, is truthful, complete or up-to-date.
PromoFarma shall assume no responsibility for any possible damage that could result from the use of such information. Under no circumstances shall such content, opinions, comments and/or links be considered as recommendations, sponsorship, promotion or advertising by PromoFarma of medicines and/or medical devices, or of the pharmaceutical companies or manufacturers that make them.
In all cases, PromoFarma reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access to, browsing, use, hosting and/or downloading of content and/or the use of the Website's services, with or without prior warning, for users who breach any of the provisions set out in these Conditions of Use, without the user being entitled to claim any compensation whatsoever for the damages caused.
8. PRIVACY AND COOKIES POLICY
Pursuant to the provisions of Organic Law 15/1999 of 13 December on Personal Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy https://www.promofarma.com/en/legal/privacy which all users must expressly accept in order to use and register on the Website.
All users that accept these Conditions of Use are also informed of, and expressly and unequivocally accept our Privacy Policy, with the latter providing them the rights of access, rectification, cancellation and opposition of their personal data, which they may exercise as described in said Privacy Policy.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
These Conditions of Use are governed by Spanish law. To resolve any conflicts, the Parties freely submit to the courts of the User’s domicile, waiving any other jurisdiction to which they may be entitled.
To file complaints regarding the use of our services, the customer may write to either the e-mail or postal address indicated in the “Contact” section, and we shall undertake in all cases to search for an amicable solution to the problem.
10. WHISTLEBLOWER CHANNEL AND POLICY
The whistleblower platform enables direct, confidential and anonymous reporting so that any act that could be considered a breach of compliance or against the law or other applicable internal regulations can be reported.
Click here to submit a report.
Last updated: November 4th 2024
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