Introduction
This contractual document shall govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website medvisit.io, property of MEDVISIT, S.L.U. under the trademark of MEDVISIT, S.L.U., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
– Has read, understands and comprehends what is set forth herein.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is MEDVISIT, S.L.U., with registered office at Calle Bilbao, 110 – 23 4 08018 BARCELONA (Barcelona), NIF B66234949 and with customer/USER service telephone number 689327144.
On the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of medical services to homes in Barcelona, either to hotels, hostels or tourist apartments.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age or, minors from 14 years old with the consent of parents / guardians, and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the bid.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER shall not activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, it will not be possible to activate any service until the PROVIDER has verified that payment has been made.
As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download or activation.
The medical reports to be generated from the contracting will be uploaded to the web platform and saved for the duration of the contract.
Failure to execute the contract remotely
In the case of the provision of a service, it will be available from the same moment the USER has made the payment for it and can be downloaded or activated according to the PROVIDER’s conditions.
The USER may cancel a Service during the first 15 minutes after booking, with a refund of 60% of the total amount of the Service. After the first 15 minutes, following the reservation or the doctor’s travel, the reimbursement will be 40% of the total amount of the Service.
In case of misuse or fraudulent use by the USER of the Services offered on the Website/Platform, i.e. USERS who misuse or seek to obtain prescriptions without medical necessity, or make fraudulent use of another person’s financial or credit/debit card information, or any other misuse or fraudulent use of the Website/Platform, the reimbursement will be between 0 and 20%, depending on the circumstances of each case (https://medvisit.io/faq/).
In no event shall MEDVISIT be liable for any improper or fraudulent use of the Services by any USER of the Website/Platform.
All questions regarding our Services should be made by email to [email protected], as well as any communication or contact with the physician, if necessary.
In case of unjustified delay on the part of the PROVIDER with respect to the refund of the corresponding amount, the USER may claim to be paid double the amount due, without prejudice to his/her right to be compensated for damages suffered in excess of such amount.
The PROVIDER shall not assume any responsibility when the download or activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.
The provision of the service shall be considered completed at the moment the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://medvisit.io/right-of-withdrawal-form/
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it is a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the term for its exercise shall end twelve months after the expiration date of the initial withdrawal period in accordance with article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to [email protected], indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of the same to the USER, previously informing the USER through the same communication channel used.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: MEDVISIT, S.L.U., Calle Bilbao, 110 – 23 4 08018 BARCELONA (Barcelona)
Telephone: 689327144
E-mail: [email protected] – DPO: [email protected]
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
COVID-19: If due to mobility restrictions or any other reason related to the rules consolidated in the COVID-19 code, the USER cannot receive the service, he/she will be fully refunded the registration fee or will have the possibility to use his/her reservation on a new date proposed by the PROVIDER.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
7. GENERALITIES OF THE OFFER
Visits will be performed by English-speaking doctors 24 hours a day / 365 days a year, including weekends and holidays.
The services DO NOT INCLUDE the cost of injections or drugs/medications, among others, that may be administered or prescribed for the purpose of the service.
All sales made by the PROVIDER shall be understood to be subject to the present Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of MEDVISIT, S.L.U. or to what is stipulated herein, shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, wrapping, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the service request is placed, prices will be maintained whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be delivered in paper format at the time the service is provided. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact through the PROVIDER’s customer service telephone number 689327144 or via e-mail to the address [email protected].
9. TRANSPORT COSTS
There are no transport costs.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
– Credit or debit card.
The amount will be the amount established on the Web and will be retained by the Stripe payment gateway (https://stripe.com) until it is certain that the service has been completed by the physician. In addition, the Web contracting gateway will inform the USER, once the contracting process has been completed, via email, of all the relevant features of the service. If the USER does not receive the confirmation email within twenty-four hours (24h) after the completion of the purchase/payment, it is the responsibility of the USER to confirm with MEDVISIT approval of the transaction.
Promotional codes
There are three types of promotional codes available: single-use, multi-use and temporary use. If the promotional code entered in the corresponding section of the Website does not match the promotional code issued by MEDVISIT at that time, it will be penalized for fraudulent use.
Promotional codes for students
Some promotional codes will only be available to students. These codes will be provided online or through the call center. The student must present his/her ID card, Student Card, NIE or Passport, so that the doctor can identify him/her and apply the promotional code, in order to avoid any possible fraudulent use.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER agrees not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.
The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Shopping cart (quotation simulation)
Any service from our catalog can be added to the shopping cart. In the basket, only the selected services, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative linkage, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order following the next steps for its correct formalization:
1. – Verification of the invoicing data.
2. – Verification of the service delivery method (download, activation…).
3. – Selection of the payment method.
4. – Placing the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the service and the approximate activation date.
Visiting Hours
The physician may establish his/her visiting hours through the Web, but any time he/she decides to change them, he/she must first notify MEDVISIT, who will verify the case and decide whether or not to allow the change.
Visiting Places
Visits will take place in homes, hotels, hostels, and tourist apartments, not on the street.
12. SEVERABILITY AND SUSPENSION OR RESCISSION OF THE CONTRACT.
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
MEDVISIT, S.L.U. may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policy.
When MEDVISIT, S.L.U. exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to MEDVISIT, S.L.U..
13. WARRANTIES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.