1.- Previous information
These Purchase Conditions regulate the access and contracting by Users of the products that the Website www.queralto.com/ (hereinafter “ Website ”) owned by GRUPO R. QUERALTÓ, SA (hereinafter, “GRUPO R. QUERALTÓ”), with CIF A41088493, and registered office at Pol. El Pino, Avda. Pino Albar, 24, CP 41016, Seville, Spain.
For the purposes of these Purchase Conditions, a Consumer/User shall be understood as any individual who, outside of their commercial, business, trade or profession, accesses the Website for the purpose of consumption. (hereinafter " User ")
For any question, you can contact the following email address: clientes@mobiclinic.com or the telephone number 955 11 12 78
These General Conditions have been prepared in accordance with Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights and any applicable legal provisions, Regulation (EU) 2017 /745 of the European Parliament and of the Council, of April 5, 2017, on medical devices, and Law 29/2006, of July 26, on guarantees and rational use of medicines and medical devices.
2.- Acceptance of the Purchase Conditions
The use and/or acquisition of any of the products on the Website imply acceptance as a User, without reservations of any kind, of each and every one of these General Conditions, as well as the Particular Conditions that, where appropriate, govern the acquisition.
By accepting the Purchase Conditions, the User undertakes to act at all times in accordance with the provisions established in the clauses of this legal text, which define the rights and obligations of GRUPO R. QUERALTÓ and the User with regard to the contractual relationship that derives from the use of the services accessible through the Website. These are the only Purchase Conditions applicable to the use of the Website (without prejudice to the fact that particular conditions may exist for certain services) and replace any other conditions.
Access, registration, browsing, use, hosting and/or downloading of content and/or use of the web services of any Website by minors (under 18 years) is prohibited. By accepting these Purchase Conditions, the User declares to be over 18 years of age and have the legal capacity to contract and acquire the services present on the Website.
3.- Object
This Website has been developed by GRUPO R. QUERALTÓ in order to offer products related to health; as well as advanced solutions for the health, home and wellness, fitness, electric scooters, among others (hereinafter, the " Products ").
The User/Buyer will be able to access information about the products in several languages.
The Client may consult the essential characteristics of each product through its description on the Website.
4.- Operation of the Website and User Obligations
In order for Users to be able to enjoy the products that GRUPO R. QUERALTÓ offers through the Website, they must take the following into account:
4.1. User registration and product acquisition procedure
To proceed with the contracting of the Services made available to Users, the Website offers Users the possibility of creating an account through an online form that must be completed with the data required therein. Only Users of legal age (+18) can fill in this form.
GRUPO R. QUERALTÓ will facilitate the use of personal passwords for Users who register as such on the Website. These passwords will be used to access the services provided through the Website. Although the password is modifiable by the User, the username will not be.
Users will be fully responsible for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to their account, and undertake not to assign their use to third parties, whether temporary or permanent, nor to allow its access to third parties.
By virtue of the foregoing, Users must immediately notify GRUPO R. QUERALTÓ via email clientes@mobiclinic.com of any improper use of their username and/or password, due to circumstances such as theft , loss or unauthorized access to them, so that GRUPO R. QUERALTÓ can proceed to their cancellation or blocking and/or disabling as soon as it is aware of the improper use of their User Account. As long as such facts are not communicated, GRUPO R. QUERALTÓ will be exempt from any liability that may derive from the improper use of User names or passwords by unauthorized third parties.
Alternatively, Users may access the Services without having to register on the Website by filling out the form that appears when processing the purchase order or by calling 955 11 12 78.
Regardless of the option by which they access the Services, Users assume full responsibility for their use of the Website.
The Website may provide Users with access to a large amount of text, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the " Content ") belonging to R. QUERALTÓ GROUP or third parties.
The User undertakes, in general, to use the Website diligently, in accordance with the law, morality, public order and the provisions of these Purchase Conditions, and must also refrain from using them in any way that may prevent, damage or deteriorate the normal functioning and enjoyment of the Website by users or that could injure or cause damage to the goods and rights of GRUPO R. QUERALTÓ, its suppliers, users or in general of any third party. Without limitation, Users agree not to use such Content or Services to:
a) Make unauthorized or fraudulent use of the Website;
b) Access or attempted access to restricted resources of the Website;
c) Use the Website for illicit, illegal and/or contrary to the provisions of these Purchase Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or prevent normal use. or enjoy the Website;
d) Causing damage to the Website or third party systems;
e) Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the systems of GRUPO R. QUERALTÓ or third parties;
f) Trying to access, use and/or manipulate the data of GRUPO R. QUERALTÓ, of other Users or of third parties;
g) Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless the authorization of the owner of the corresponding rights is obtained or it is legally permitted;
h) Obtain or try to obtain the contents by means or procedures other than those that, where appropriate, have been made available for this purpose;
i) Try to access and/or use the email accounts of other Users and/or modify or manipulate their messages; and
j) Users will not transmit their user name and password to unauthorized third parties and will immediately inform GRUPO R. QUERALTÓ of the access of an unauthorized user.
In addition, Users agree to keep the information in their account accurate, complete and updated (name, surname, telephone number, email, etc.).
In relation to the foregoing, GRUPO R. QUERALTÓ reserves the right to deny any attempt to access the Website, delete or modify content, or cancel the provision of Services in cases where there is incorrect use of the Website, and may also exercise all legal actions that may correspond, the User being responsible for the expenses that such acts may cause, as well as the damages caused.
The User may cancel their account on the Website at any time by following the instructions contained therein. The cancellation of the account by the User will lead to the elimination of the Services acquired through it.
4.2. Purchase Order Processing
Once the purchase has been made and in the shortest possible time, GRUPO R. QUERALTÓ will send the User/Buyer a receipt by e-mail. Likewise, the User/Buyer may request the invoice from GRUPO R. QUERALTÓ, who will send it by mail. The order confirmation and proof of purchase will not be valid as an invoice.
GRUPO R. QUERALTÓ reserves the right to modify the products offered to Users through the Website. In particular, GRUPO R. QUERALTÓ may at any time add new products to those offered or included on the Website, it being understood that unless otherwise provided, these new products will be governed by the provisions of these Purchase Conditions.
Likewise, GRUPO R. QUERALTÓ reserves the right to withdraw, at any time and without prior notice, any of the products offered on the Website.
GRUPO R. QUERALTÓ tries to ensure that the products included in the Website correspond in the most reliable way possible that web display technology allows to the products actually offered. However, the User must take into account that the quality, configuration and resolution of the computer monitor may influence the perception of the colors or the qualities of the product by the User.
GRUPO R.QUERALTÓ reserves the right to cancel the user account of those Users, Companies or Distributors who maintain unpaid balances GRUPO R.QUERALTÓ or whose conduct fails to comply with any of the conditions established in this document.
GRUPO R. QUERALTÓ informs its Users that the offers will be valid as indicated on the Website. Therefore, purchase orders will not be processed in accordance with an offer after the date indicated for its completion on the web.
4.3. User Conduct on the Website
Users undertake to make lawful, diligent, honest and correct use of all the information or content they have access to through the Website, and all of this under the principles of good faith and respecting current legislation and the Conditions at all times. shopping.
In particular, but without limitation, any person who visits the Website, as well as Users, must not:
i. Communicate data that is not true, exact, complete and/or updated, or provide the Website with identifying data of another user or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or related to criminal offenses or illegal activities of any kind.
iii. Neither maliciously nor intentionally cause damage or harm that may impair or alter the Website, nor will it introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems that are part of the Website. The User must not scan or test the vulnerability of any system or network of GRUPO R. QUERALTÓ, or infringe any security or authentication measure, as well as try to decipher or disassemble the software used by GRUPO R. QUERALTÓ to offer the services through the Website.
iv. Use the Website to send, use or reuse material or that contains information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening of any kind, or that violates copyrights, trademarks or confidentiality, privacy or any other right, or is otherwise insulting or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailing or any other type of "spam" and, in general , any kind of unnecessary annoyance or inconvenience.
v. Download, send or distribute in any other way content or applications that may violate any legislation in force or that may infringe any right of any party.
vi. Do not send massive and/or repetitive messages to a plurality of people, or send email addresses of third parties without their consent.
vii. Use the tools that GRUPO R. QUERALTÓ makes available to Users for purposes other than merely informative.
viii. Promote or encourage third parties to carry out any of the above practices or contribute to it.
GRUPO R. QUERALTÓ will have the right to investigate and denounce any of the conducts mentioned in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
GRUPO R. QUERALTÓ reserves the right to deny any attempt to access the Website or cancel the provision of Services in cases in which incorrect use of the Website occurs.
In particular, GRUPO R. QUERALTÓ reserves the right of admission and exclusion from its Website. Any User who does not comply with the rules contained in these conditions may be excluded from the Website.
GRUPO R. QUERALTÓ undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident, as well as to withdraw any advertisement published on its Website whose content violates applicable laws at the time you become aware of its existence.
4.4. order cancellation
GRUPO R.QUERALTÓ reserves the right to cancel orders or certain products in an order if any of the following circumstances occur:
- Products classified as unavailable or out of catalog by distributors;
- Products that cannot be delivered by suppliers due to problems beyond the control of GRUPO R.QUERALTÓ;
- Credit card fraud;
- Fraud against GRUPO R.QUERALTÓ;
- Due to force majeure.
GRUPO R.QUERALTÓ will inform the Customer of the cancellation of any order and will refund all amounts paid for said order within the following 14 calendar days.
GRUPO R.QUERALTÓ will not be responsible for delays or damages in the event that a supplier discontinues a product.
5.- Availability of Products
All Products appearing on the Website are subject to availability. GRUPO R. QUERALTÓ constantly and automatically updates the Website to guarantee maximum correspondence between the actual availability of products and services and the information available in this regard on the Website.
If you want to buy a product from our website and it is out of stock, it will be displayed on the screen. Even so, you can place the order but you must take into account that the delivery time may vary. In this case, GRUPO R. QUERALTÓ will contact the User so that he can decide whether to wait or decline the order, in which case the amount paid will be refunded.
If GRUPO R. QUERALTÓ detects, once the Customer's order has been received, that a Product is discontinued, the Customer will be notified that they may choose to choose another product or refund the payment made.
In this case, the amount previously made through the payment method selected by the User will be refunded as soon as possible.
The refund actually processed will be communicated to the User by email.
6.- Prices and payment methods of the Products
6.1. Prices
Access to the ercontents of the Website is completely free and does not require prior registration.
The purchase prices in force at the time the order is placed are those that appear on the screen. The prices will indicate the Value Added Tax (VAT).
In the event of a typographical error, GRUPO R. QUERALTÓ will correct said error as soon as possible, contacting the client as soon as possible to inform them of the identified error, and will refund the money received in case they are not satisfied. with the modification of the mentioned error.
Unless otherwise provided by law, any tax, duty, tribute, brokerage and/or any other expense that accrues as a result of the sale of products from a point other than the Iberian Peninsula (for example, the Canary Islands, the Balearic Islands, Ceuta and Melilla) will be the responsibility of the User.
In the event that the Client refuses to pay the taxes corresponding to the order that he has made, the merchandise will be retained in his respective customs office. Remember that GRUPO R.QUERALTÓ is not responsible for withholdings caused by customs and must bear the shipping costs.
Customs expenses incurred by the User will not be reimbursed.
6.2. Way to pay
As an electronic payment system, GRUPO R. QUERALTÓ has installed an electronic commerce payment gateway that it has contracted with the bank. All data provided for these purposes is encrypted to guarantee maximum security. GRUPO R. QUERALTÓ does not store any type of bank data entered through the payment gateway.
7.- Deadlines, place of delivery and loss
The vast majority of our products are stored in our own facilities, so the merchandise will be ready immediately after ordering. Once the confirmation of the effective payment made by the User has been received, GRUPO R. QUERALTÓ will process the shipment of the products selected by the User.
Under normal conditions, the estimated delivery time for national orders is 24 to 48 working hours for the products we have in stock for peninsular destinations and 5 to 10 days for shipments to the Canary Islands, the Balearic Islands, Ceuta and Melila.
Grupo R. Queraltó undertakes to deliver the products purchased by the User, at the address indicated for this purpose in the order form by the customer, which may be different from their habitual residence. Deliveries of products will not be made in Offices and Post Office boxes.
In some cases, the delivery time may vary depending on the brand and the product. If the delivery of a product differs from the deadlines indicated above, GRUPO R.QUERALTO will indicate this circumstance within each of our product files.
GRUPO R. QUERALTÓ works with products from all over the world, therefore, GRUPO R.QUERALTO is not responsible for delays caused by transport companies, stock outages or manufacturers' discontinuation, as well as complications in production. However, GRUPO R.QUERALTO will notify the User of this circumstance as soon as possible.
Delivery days may change during the summer season or factory downtime due to holidays.
Unless expressly authorized by the User, neither the R. QUERALTÓ GROUP nor the contracted transport agency will deliver the order placed by the User to a third party not authorized by the User (neighbors, nearest shops, etc.). User during Saturdays, Sundays and holidays will be considered received the first business day after it.
GRUPO R. QUERALTÓ will not be responsible for errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.
Likewise, GRUPO R. QUERALTÓ will not be responsible for possible delays caused by force majeure, causes beyond its organization. Notwithstanding the foregoing, GRUPO R. QUERALTÓ undertakes to adopt those measures that are within its reach, so that the delivery of orders can be made within the agreed time, and if not, as soon as possible.
8.- Changes, returns and right of withdrawal
8.1. Returns for manufacturing defects and warranty
If you notice defects in the merchandise or its packaging at the time of delivery by the carrier, we recommend that you notify the carrier of this circumstance. In the case of having a delivery note, state it on the delivery note. (Ex: DAMAGED PACKAGING)
GRUPO R. QUERALTÓ requests that these types of circumstances be notified within 24 hours of receipt of the order, by contacting the after-sales department.
It is the User's responsibility to verify that the merchandise has been delivered in perfect condition.
In this context, GRUPO R. QUERALTÓ recommends putting on the carrier's delivery note "DAMAGED PACKAGING" or a similar notation that facilitates a subsequent claim. If this recommendation is not carried out, the carrier will confirm receipt of the product.
Regarding orders placed after January 1, 2022, the User has a period of THREE (3) years from the moment of delivery for the goods that present a lack of conformity to be brought into conformity by means of their repair. or substitution.
Regarding orders placed before January 1, 2022, the aforementioned period will be TWO (2) YEARS.
If compliance through repair or replacement is not possible, this circumstance will be brought to the attention of GRUPO R. QUERALTÓ and it will proceed to reimburse the price paid.
For the purposes of these Purchase Conditions, lack of conformity is understood as the lack of compliance with the specifications provided for the product at the time of purchase by the User and/or the lack of suitability of the good to be used for the purpose for which has been devised.
Unless otherwise provided by law, the User must inform GRUPO R. QUERALTÓ of the lack of conformity within two (2) months of becoming aware of it.
It will be presumed that the cause of the lack of conformity already existed at the time of delivery for the TWO (2) years following the delivery. After these 2 (TWO) years, it will be up to the User to prove that this lack of conformity stems from a cause attributable to GRUPO R. QUERALTÓ or its manufacturers and/or suppliers.
After two (2) years from the invoice date, the equipment for repair must be sent carriage paid by the customer. However, GROUP R. QUERALTÓ. will pay the customer the postage paid for the shipment and the return to the customer will be the responsibility of GRUPO R QUERALTÓ if the examination of the product determines that the lack of conformity is the cause of a manufacturing defect and not misuse by the User.
GRUPO R. QUERALTÓ may assume the repair of products that are not within the guarantee in accordance with the applicable legal provisions, provided that the User is responsible for paying the expenses, including shipping costs.
Consumable parts such as batteries, hydraulics, motors, cables, batteries, light bulbs, fuses, electronics, wheels, etc. they are included in the guarantee together with accessories, as long as they are delivered with the original packaging and in the same state in which it was delivered (ie, unopened) by GRUPO R. QUERALTÓ.
However, the User will be in any case responsible for ensuring that the packaging of the product is suitable for shipment to the facilities of GRUPO R. QUERALTÓ, if necessary.
GRUPO R QUERALTÓ reserves the right to verify if the defect has been caused by a manufacturing fault or misuse. Likewise, GRUPO R QUERALTÓ reserves the right to request an official technical service of the brand to verify the origin of the problem. In the event of a defect caused by misuse, the repair will be billable.
The guarantee is directed only to the holder of the invoice and/or purchase ticket or the person who is in possession of it.
GRUPO R. QUERALTÓ will not be obliged to bring the products into conformity:
- In case of improper use due to not following the product instruction manual.
- If any of the data on the same or on the proof of purchase are modified, altered or replaced.
- If the guaranteed device itself is manipulated or repaired without the knowledge of the Technical Service.
- If you don't have an invoice.
- In case of power surges or connection to an inappropriate voltage.
Repairs and replacements will be carried out within a reasonable period of time after the request, taking into account the availability of substitute products, as well as the expenses and time necessary to carry out the repairs. Shipping, labor and material costs will be borne by GRUPO R. QUERALTÓ.
GRUPO R. QUERALTÓ informs its Users that according to the legislation, manufacturers of spare parts are only obliged to repair their products for 10 years from when they cease to be manufactured. Therefore, GRUPO R. QUERALTÓ reserves the right not to repair products whose cessation of manufacture dates back to a period of more than 10 years.
8.2. Right of withdrawal
Users will have a period of thirty (30) calendar days to make changes or returns from the receipt of the product.
Once this period has expired, declarations of withdrawal of product purchases will not be accepted.
To exercise their right of withdrawal, the user can fill out the form by clicking here and send it to the postal address: Pol. El Pino, Avda. Pino Albar, 24, CP 41016, Seville, or by email: clientes@mobiclinic.com
GRUPO R. QUERALTÓ also accepts declarations of withdrawal expressed by telephone at 955 11 12 78.
The client may not exercise their right of withdrawal in those cases established in article 16 of Directive 2011/83/UE and, in the applicable national legislation on the matter, especially, including but not limited to, in the following assumptions:
a) Supply of goods made according to the consumer's specifications or clearly personalized;
b) Supply of goods that can deteriorate or expire quickly;
c) Supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery;
The email must include the purchase invoice, the customer's contact information, the brand and model of the Product to be returned and, if possible, in order to improve the services and products offered by GRUPO R. QUERALTÓ, a brief description. of the reasons for withdrawal.
Once the email is received, GRUPO R. QUERALTÓ will make the appropriate indications. In the event that the inspection of the product proceeds to determine if the exercise of the right of withdrawal is appropriate, GRUPO R. QUERALTÓ will take care of collecting the products free of charge throughout the peninsular territory and the Balearic Islands. However, the User must be responsible for paying transport costs for returns made from the Canary Islands, Ceuta and Melilla.
Each Product that the User wishes to return must be in perfect condition, with all its labels, and if applicable, documentation and original accessory elements that came with it.
GRUPO R. QUERALTÓ will check the adequacy of the returned Product in its warehouse, reserving the right not to make the refund if it detects that the product does not meet the conditions mentioned in the previous paragraph.
GRUPO R. QUERALTÓ recommends that its Users keep the original packaging of the products for at least 30 days from receipt of the order in order to use it in cases of withdrawal, especially for those products classified as sanitary products. where it will be essential to return the product with the original packaging.
8.3. Sending error
In the case of an erroneous shipment, Grupo R. Queraltó will be responsible for the collection of the product and will proceed to the correct shipment at no cost to the customer, as long as said incident is reported as soon as possible once the erroneous product has been received in our headquarters, via email: info@queralto.com.
9.- Exclusion of liability
All products marketed by Grupo R. Queraltó comply with Royal Decree 7/2021 of April 27, 2021 (hereinafter, "RD 7/2021"), which transposes Directive (EU) 2019/770, on certain aspects of contracts for the supply of digital content and services, and Directive (EU) 2019/771 , on certain aspects of contracts for the sale of products.
10.- Protection of personal data
GRUPO R. QUERALTÓ guarantees the security and confidentiality of the personal data that Users provide in compliance with the provisions of Regulation 2016/679 of April 27, 2016 regarding the protection of natural persons with regard to the treatment of personal data and the free circulation of these data (hereinafter, “ RGPD ”) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (hereinafter, “ LOPDGDD ”)
In this sense, Users are informed that, in terms of privacy and protection of their personal data, they can exercise the following rights:
i. Access your personal data;
ii. request the rectification of any inaccurate data;
iii. request the deletion of your data;
iv. request that the processing of your data be limited;
v. oppose the processing of your data;
vi. exercise your right to be forgotten; and
vii. request the portability of your data. Likewise, Users will have the right not to be subject to decisions based solely on automated data processing.
The User can exercise all these rights at the email address clientes@mobiclinic.com indicating the reason for their request and providing a copy of their ID
Notwithstanding the foregoing, in order to know all the details about the processing of personal data carried out by GRUPO R. QUERALTÓ, the User can find the privacy policy at the following link: https://www.queralto.com/ content/141-privacy-policy
11.- Modifications
The information that appears on this Website is current on the date of its last update. GRUPO R. QUERALTÓ reserves the right to update, modify or delete the information on this Website, as well as these Purchase Conditions, the privacy policy or any other information.
The entry into force of the modifications of the Purchase Conditions will take place from the moment of their publication on this Website.
12.- Safeguard clause
All the clauses or extremes of these conditions of use 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 judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the conditions of use.
13.- Jurisdiction and jurisdiction
In case of controversy, the parties submit to the Courts and Tribunals of the place of residence of the User-Consumer.
However, any eventual conflict that arises in the field of a contractual relationship between companies (B2B), will be resolved by the Courts and Tribunals of Seville, expressly waiving its own jurisdiction of being another.
14.- Extrajudicial dispute resolution
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online consumer disputes, the Platform informs that, in the event of dispute, the User residing in the European Union may go to the "Online Dispute Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the existing contractual relationship between the parties.
If you wish to access the "Online Conflict Resolution Platform" you can do so through the following link: http://ec.europa.eu/consumers/odr/ .