Conditions of Contract

CONDITIONS FOR THE PROCUREMENT OF SERVICES THROUGH THE MEDMESAFE PLATFORM

This document sets forth the procedure for users to procure services offered by the laboratories, distributors, companies, professionals and practitioners (hereinafter also “service providers”) acting through the medmesafe platform (hereinafter “medmesafe”) in compliance with the provisions of the Spanish Law 34/2002 on Information Society and Electronic Commerce Services; Law 7/1998 on the General Conditions of Contract; Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users, as well as other complimentary laws and any other applicable legal provisions.

Service providers who act through medmesafe consist of professionals (who provide services if requested) and laboratories, distributors, companies (which perform the services requested by the registered users).

“This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited:
-Sell medicines “.

The registered user (hereinafter also the “Individual”) can access these conditions at any time without having to procure a service through medmesafe. Additionally, the Individual may download these conditions to his computer and, where appropriate, obtain a printed, hard copy.

If you have any questions relating to these conditions, please contact medmesafe using the following email address customer@medmesafe.com.

1. AVAILABILITY OF THE SERVICES OFFERED THROUGH MEDMESAFE
The services offered through medmesafe are available in the territories mentioned in each service page.
The procurement process shall be carried out in the Spanish language, without prejudice to the possibility of carrying out the process in other languages which, when appropriate, shall be specified.

2. STEPS FOR PURCHASING THE SERVICES OFFERED BY LABORATORIES, DISTRIBUTORS, COMPANIES, AND PROFESSIONALS THROUGH MEDMESAFE
To obtain a service offered by/through the providers of the services that are acting through medmesafe; the individual must be a registered user.
Upon acceptance, the individual may proceed to utilize the service.

Selection of services:
The Individual may select the service which has been recommended or prescribed to them from the range of services offered by the laboratories through medmesafe, as well as the reading, interpretation, counselling and advisory services provided by the professional assigned to their record.

In general, if the selected service is an analysis, test, it will be necessary for the laboratory, distributor, company to collect a sample in order to perform the requested analysis, test. This sample could be a saliva or blood sample.

When the requested analysis requires extraction and collection of blood, it must be executed in a blood extraction center selected from among the list provided by medmesafe. The selection of the blood extraction center can be carried out following the purchase of services.

If the requested analysis, test requires a saliva sample, the laboratory will send a sample collection kit to the address of the Individual. A mail company will later collect the kit from the same delivery address on behalf of the laboratory, distributor, company. In order for the laboratory, distributor, company to perform the delivery and collection of the kit, the Individual must enter the necessary data. Here, the Individual can confirm or amend the data provided during the registration process.

By selecting the service, the individual can Access the screen with more service details, then selecting ”purchase”. Then, the user/individual will be shown a screen with information regarding the price of service and offered the option to formalize a contract of service.

Then, the user can access a screen in which he can fill in delivery information in case of requesting service that requires delivery of a kit for the collection of samples or find information on the service in case of the opposite.

Subsequently, the user can access the payment screen to select a form of payment from those accepted by medmesafe.

Lastly, the user can confirm the order, with an obligation of payment, by selecting the “pay” icon and viewing the complete information relating to the total order cost, taxes included. If the order processes correctly, a message will appear on the screen indicating that the individual has been sent a notification, to the contact information provided, containing all information associated and that the order has been competed.

In case of doubt or if you have any questions, please feel free to contact our Customer Service Department at the following email address customer@medmesafe.com.

Price, offers and costs:
The prices of the services which the Individual may procure through medmesafe are always displayed next to each type of service and are shown in euros.
The offers, promotions and discounts published by medmesafe are conditional and are limited to the service for which it is announced, to the period established and to any other conditions unilaterally established by the corresponding service provider. In any case, medmesafe shall provide the aforementioned information in a clear, visible and express manner so that the Individual can distinguish and understand the offer, promotion or discount.
The Individual must pay the additional shipping costs which apply in accordance with the information supplied by the service provider during the procurement process.

Payment and payment method:
Payment for the selected services shall be made by credit or debit card. Payment must be confirmed by the corresponding bank.

The card used to make the payment must be owned by the Individual who has procured the service through medmesafe. If the Individual is not the owner of the card, it is a compulsory requirement that payment is made by the cardholder. For such purposes, medmesafe shall be exempt from any liability arising from the breach of this clause.

Medmesafe shall not be held liable for payment made by an Individual with a card owned by a third party.

Card payments shall be made using a secure SSL payment gateway belonging to REDSYS under a protocol and encryption which ensures the security of the data provided by the Individual.

In this sense, medmesafe shall be exempt from all liability in relation to the confidentiality and security of the information and data provided by the Individual for payment of the services procured through medmesafe using the systems provided to the extent that the processing of such information and data is not exclusively under the control of medmesafe but of third-party providers of financial intermediary services.

Once payment has been made via the POS terminal, the Individual will receive a confirmation notification stating that the service has been procured. The notification will also include the characteristics of the service as well as an explanation.

Delivery:
In the event the selected service involves the delivery of a sample collection kit to the address of the Individual, the Individual must select their preferred shipping method for each order from those offered by the service providers acting through medmesafe. The Individual acknowledges that they shall bear any additional shipping fees which correspond to the information supplied by the service providers for the duration of the procurement process.

In such cases, the corresponding laboratory, distributor, company will use a mail service to make the delivery. The laboratory, distributor, company will ensure that the kit is sealed and properly protected and will deliver the kit to the address provided by the Individual, except on Saturdays, Sundays and public holidays.
The Individual must check the state of the kit at the time of its delivery. If the kit is not properly sealed or packaged, the Individual must refuse the delivery and must provide the reason on the delivery note along with their signature.

If the Individual is not at the designated place of delivery when the order arrives, a note will be left to arrange its collection from a designated location.

3. WITHDRAWAL
The Individual has the right to withdraw from the service procured through medmesafe within 14 calendar days without justification. Where appropriate, the Individual is obliged to return the kit which has been sent to them by the service provider.

The withdrawal period shall expire after 14 calendar days following the day on which payment by the Individual for the procured service is confirmed.
In order to exercise his right of withdrawal, the Individual must notify the service provider of his name, full address and, if available, his telephone number and email address, as well as his decision to withdraw from the requested service through an unambiguous statement (e.g. a letter send by post, fax or email). For this, the Individual may use the model withdrawal form which facilities the return of the kit to the service provider. Additionally, the Individual may request a model form from the platform’s Customer Service Department at customer@medmesafe.com.

In order to cancel or return any services rendered, it must be communicated to the service provider within 14. Any request post the 14 day period will not be accepted.

The Individual is aware and expressly acknowledges that he will lose his right of withdrawal in the following cases:

Following the issuance of a prescription by the healthcare professional.

When the requested service consists of carrying out an analysis that requires the collection or extraction of a blood sample, at the moment in which said collection or extraction is carried out in the corresponding clinic or extraction center.

When the requested service consists of carrying out an analysis that requires the delivery of a sample collection kit to the specialist. Once the kit is delivered for the collection of samples, whether opened or not, the service can no longer be returned or canceled.

In all the indicated cases, the client will lose the right of withdrawal if any of the indicated circumstances are met without any reimbursement of the amounts that were paid.

If, as part of the procured service, a sample collection kit is delivered to the Individual, it must be returned in the same condition in which it was delivered, without it having been unsealed, opened or used. Given the nature of the kits, a kit cannot be returned unless it is in exactly the same condition in which it was delivered, as it would otherwise be unusable. Therefore, those kits which have been unsealed, unpacked and opened cannot be returned and any rights of withdrawal shall be waived, even if the kits have not been used.

Consequences of Withdrawal:
In the event the Individual exercises their right of withdrawal, they shall be reimbursed for all payments made, including any delivery costs (with the exception of additional costs incurred if the Individual chooses a delivery method other than the least expensive delivery method offered by the service provider).

The Individual shall bear the direct costs of returning the sample collection kit.

Reimbursement shall occur without undue delay and, in any case, shall be made no later than 14 calendar days after the date on which the Individual declares his decision to withdraw from the procured service, provided that the necessary conditions for withdrawal are met and, when appropriate, the kit, which the Individual is obliged to return, has been received in accordance with the conditions previously set forth by the service provider. The refund shall be made using the same payment method used by the Individual in the initial transaction.

The kit must be returned by the Individual within 14 calendar days from the date on which the Individual discloses his intention to withdraw from the procured service.

Reimbursement of the amounts paid shall be withheld until the kit is returned to the service provider for evaluation.

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