General contracting conditions
This contractual document will govern the contracting of services through the website www.semcat.es, property of SEMCAT HEALTHCARE SL, hereinafter PROVIDER.The acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all the hirings made through the web site of the PROVIDER.
The PROVIDER informs that it is a responsible company and is aware of the current legislation of the countries to which it offers the services and reserves the right to unilaterally modify the conditions, without affecting the services contracted prior to the modification.
Identity of the contracting parties
On the one hand, the provider of the services contracted by the USER is SEMCAT HEALTHCARE SL, with registered office Rambla Egara, 340 - 1 B 08221 TERRASSA (Barcelona), NIF B65853954 and with customer service telephone number 937337764.
And on the other, the USER who has requested the service through the website. The USER is responsible for the veracity of the personal data provided to the PROVIDER at the time of requesting the service.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific service.
Contracting procedure
The USER, in order to access the services offered by PROVIDER, must provide freely and voluntarily the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (RGPD) and Organic Law 3/2018 of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
It is reported that in accordance with what is required by article 27 of Law 34/2002, Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure consists of the following contractual content:
1. General contracting clauses.
2. Provision of the service
3. Claims.
4. Force majeure
5. Competition
6. General aspects of the offer.
7. Price and term of validity of the offer.
8. Payment method
9. Service contracting process
10. Guarantees
11. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the execution of a service request to the PROVIDER will 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 PROVIDER.
2. PROVISION OF THE SERVICE
The PROVIDER will not send any voucher of the service until it has verified that the payment has been made.
The PROVIDER will perform the service at the address indicated by the USER as soon as possible.
3. CLAIMS
Any claim that the USER considers opportune will be attended in the shortest possible time, being able to realize in the following directions of contact:
Postal: SEMCAT HEALTHCARE SL, Rambla Egara, 340 - 1 B 08221 TERRASSA (Barcelona)
Phone: 937337764
Mail: info@semcat.es
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the 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/
4. FORCE MAJEURE
The parties will not incur any responsibility for any failure due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
5. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations of the contracted services.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer any modification in any way.
The USER declares to have read, know and accept these General Conditions in all their extension.
6. GENERAL OF THE OFFER
All the actions carried out by the PROVIDER will be considered subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SEMCAT HEALTHCARE SL or here stipulated shall have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.
7. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each service do not include the Value Added Tax (VAT), since the medical services offered on this website are not subject to this tax.
Before making the purchase activation of the service you can check online all the details of the budget: services, price, availability, expenses, charges, discounts, taxes, if any, and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of services or not.
Any payment made to the PROVIDER implies the issuance of an invoice in the name of the USER or the company name that he / she has informed at the time of placing the order. This invoice will be sent to the email address provided by the USER, who expressly accepts this notification system. In the event that the USER wishes to receive the invoice in paper format, he should contact the PROVIDER, who will send the document in the requested format, at no additional cost.
For any information about the order, the USER can contact through the customer service telephone of the PROVIDER 937337764 or via email to the address info@semcat.es.
8. FORMS OF PAYMENT
The only form of payment allowed on the website is the credit or debit card.
9. SERVICE PROCUREMENT PROCESS
Before hiring the service, it will be the responsibility of the USER:
1. - Check the billing information.
2. - Check the address to which the service must be performed.
3. - Check the card data given for payment
4. - Perform the activation of the service
Activate the service
As soon as possible, an SMS will be sent confirming the approximate time of service provision. The USER understands that the time of service may vary due to causes beyond the control of the LENDER.
10. GUARANTEES
Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:
a) They conform to the description made by SEMCAT HEALTHCARE SL.
b) They are apt for the uses to which the services of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has informed SEMCAT HEALTHCARE SL at the time of conclusion of the contract, provided that he has admitted that the service is suitable for this use.
d) Present the usual quality and services of a service of the same type that the client can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the services made by SEMCAT HEALTHCARE SL.
e) SEMCAT HEALTHCARE SL describes the details, characteristics and photographs of the services provided by the producer thereof, so that it is not bound by these public statements.
Due to the nature of the service, the USER will not have the right of withdrawal.
11. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or construed in accordance with Spanish law in matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the services subject to these Conditions of the courts and tribunals of the USER's address.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER, if their jurisdiction is waived, submit to the Courts and Tribunals of the place where the service has been provided.