COSTUME DESIGN GROUP SPAIN SL
Avda Brasil, 29
28020 Madrid

Purchase conditions
www.manmedicalinstitute.com

Online store www.manmedicalinstitute.com cares about the Consumers rights.

The Consumer can not renounce the rights conferred by the Law for the Defense of Consumers and Users. Therefore, the provisions of these Terms of Use do not intend to exclude or limit the rights of Consumers that are conferred by mandatory legal provisions, and any possible doubt must be interpreted for the benefit of the Consumer. In the case of any possible and unintentional discordance of the provisions of these Purchase Conditions with the Law for the Defense of Consumers and Users, the content of the aforementioned regulations shall prevail.

  • I. GENERAL PROVISIONS
  1. The online store located at the web address: https://www.manmedicalinstitute.com

is managed by the company

COSTUME DESIGN GROUP SPAIN SL
Avda Brasil, 29
28020 Madrid

    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).
    • 2. The use of the Online Store requires that the equipment and computer systems used by the Customer are compatible with the Technical Requirements.
    • 3. These Terms of Use are addressed both to Customers who are Consumer Customers and Non-Consumers Customers who use the Online Store, the Electronic Services or the Sale Agreements (except point XII of the Purchase Conditions, which is exclusively addressed to Non-Consumer Customers).
    • 4. The acceptance of the Purchase Conditions is voluntary, but it is necessary to create an Account and/or for the Customer to place an order.
    • 5. The information presented in the Online Store or, in the case of making orders using other means of remote communication, an electronic message confirming the content of the proposed Sale Agreement referred to in point III paragraph 6 letter a of the Purchase Conditions, it constitutes only a commercial offer of sale directed by the Seller to potential Customers, without this offer being considered as a binding offer.
    • 6. Whenever the following capitalized terms are used in the back of these Purchase Conditions, it shall be understood that the meaning is given below, unless they are used in context to provide something different:
      • a. APP: a software (a mobile application) that the Seller makes available to the Customer, intended to be installed on a mobile device owned by the Customer and that allows, in particular, to use the Online Store without the need to start a network and browser.
      • b. CAC – The Customer Service Center of the Seller, which provides Customers with information on the activities of the Online Store, including the products, the Shop, the Conditions of use and the current Promotions, open during working days at the indicated time in the Online Store in the “Contact” tab, below the telephone numbers and email address indicated there, through the WhatsApp platform: Cost of the call with the Customer Service Center – according to consumption of price data of the user’s appropriate operator.
      • c. PRICE – given in EUR (the amount of the gross remuneration, including the tax) payable to the Seller for the transfer of ownership of the product to the Client in accordance with the Sales Contract. The price does not include shipping costs unless otherwise indicated in the conditions of the promotion.
      • d.WORKING DAY – one day from Monday to Friday, except holidays.
      • e. PASSWORD – a string of alphanumeric characters required to perform the authorization while accessing the Account that the Client defines when creating the Account. The account registration requires that the password be repeated twice to detect and correct any errors. The Client is obliged to keep the passwords in strict confidentiality (not disclose it to third parties). The Seller provides the Client with multiple options to change the password.
      • f. Client – (1) a natural person; or a person acting for another person represented; (2) a legal person; or (3) an entity without legal personality with legal or procedural capacity. When the Client is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his legal representative for the subscription of the sale and to provide such consent at the request of the Seller. The terms of the Sales Contract entered into as part of the Online Store have the nature of a contract subject to the regulations of the Spanish Civil Code and other regulations that may be applicable.
      • g. CIVIL CODE – Royal Decree of July 24, 1889.
      • h. CONSUMER – a physical person who makes a legal transaction (not directly related to their commercial or professional activity) with an entrepreneur, as defined in the Law for the Defense of Consumers and Users.
      • i. ACCOUNT – Online service, marked with an individual user name (Login) and Password chosen by the Customer, which is a collection of resources in the Seller’s ITC system, which allows the Customer to use additional functions/services. The Client obtains access to the account with the login and password. The Customer logs in to his Account after registering in the Online Store. The Account allows you to store and save the information of the Customer’s address to send products, track the Order and access the Order History.
      • j. PURCHASE CART – service provided to each Customer that uses the Online Store by allowing him to place an Order for one or more products, enter discount codes that allow reducing the Price according to the terms of the Agreement/s separately, to show a summary of the prices for each of the products and all products in total (including shipping costs), to show the expected delivery date of the products. The Shopping Cart collects the products offered by the Customer for its acquisition and within a single Order the Customer may include several products.
      • k. LOGGING – the Customer’s email address included in the Store when creating an account.
      • l. NEWSLETTER – Electronic service that allows all Customers to receive updated information from the Seller, which is sent automatically, about products, online store, including new and special offers sent to the email address provided by the Customer or a phone number with the explicit consent of the Client. The terms of the provision of services by Seller Newsletter are established in separate regulations available as part of the Online Store.
      • m. PRODUCT – an available item (after being paid for the Price) in the Online Store that is the subject of the Sale Agreement between the Client and the Seller. All the products presented in the online store are completely new.
      • n. PROMOTIONS – particular conditions of sale or provision of services regulated by the terms of the Online Store, proposed by the Seller during a specific period of time from which the Customer may use, in the terms specified therein, such as, for example, the reduction of the Price or of the shipping costs.
      • o. SERVICE AGREEMENT – this document defines the terms of the Sale Agreements, the rules governing the provision and use of the services made available by the Seller through the Store to the Customers. Defines the rights and obligations of the Client and the Seller. In terms of services provided electronically, these Terms of use regulated by Law 34/2002, of July 11, services of the information society and electronic commerce.
      • p. ONLINE STORE – a platform that allows the Customer to place orders and provides services made available by the Seller, managed by the Seller, which constitute a set of interconnected websites, available at the Internet address: www.manmedicalinstitute.com.com, as well as by means of the application.
  1. SELLER – the company
    COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid
    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).
  1. The use of the Store r.CONTENT/CONTENTS – text, graphics or multimedia elements (such as product information, product photos, promotional videos, descriptions, comments) including works within the meaning of the Intellectual Property Law and images of natural persons that are published and distributed within the Online Store by the respective Seller, the counterparts of the Seller, Customers or another person using the Online Store.
      • s. SALE AGREEMENT – Sale Agreement in accordance with the provisions of the Civil Code on the sale by the Seller in favor of the Customer of products for the payment of the Price plus any additional charges, including shipping costs, whose terms are specified in particular in these Purchase Conditions. The Sales Agreement is signed between the Client and the Seller using telematic means of communication after accepting the Order by the Seller under the terms specified by it. The Sales Agreement specifies the particular product, its main characteristics, price, shipping costs and other essential conditions. Each product is the subject of the Individual Sales Agreement. The Seller can make a Sales Agreement with a Non-Consumer Client also as a result of the conclusion of an agreement without the procedure established therein, as confirmed by email at the request of any party to the Sale Agreement. It does not constitute the subscription of a Sales Agreement or a sale commitment.
      • t. ONLINE SERVICE – Provision of services by electronic means in accordance with Law 34/2002, of July 11, services of the information society and electronic commerce, by the Seller for the Customer through the Online Store in accordance with the Service Agreement. In terms of the services, which are provided by the parties cooperating with the Seller, the appropriate provisions on the rules for the use of these services are established in the rules governing the provision of services by those entities.
      • u. LAW FOR THE DEFENSE OF CONSUMERS AND USERS – Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users.
      • v. TECHNICAL REQUIREMENTS – minimum technical requirements, which must be met to cooperate with the ICT system used by the Seller, including the conclusion of the Service Agreement or the conclusion of the Sales Agreement, that is: (1) a computer, a laptop or another multimedia device with Internet access; (2) access to email; (3) a web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024 × 768; (5) enable cookies and Javascript in your web browser; in the case of entering into a Sales Contract by telephone: (6) using the telephone; in the case of concluding the Sale Contract using WhatsApp; for the app: (8) a mobile device operating system: Android 4.0.3 or higher or iOS version 9.0.4 or higher, (9) a mobile device with the camera and the geolocation service (GPS). In order to celebrate the Sales Contract, the Client undertakes to have a valid/active email address, as well as a keyboard in specified cases or another pointing device that allows the electronic forms to be completed correctly.
      • w. ORDER – a declaration of the Client’s will expressing the direct will to subscribe or conclude a Telematic Sales Agreement using telematic means of communication, specifying the products for which the Client sends the offer to make the Sales Contract and the necessary Customer data to possibly make and finalize the Sale Agreement. The order of each product will be treated as the independent and binding offer of the Client to sign the Sales Agreement (technical facilitation). You can assign an order with a number, and all offers will be executed in parallel. The acceptance of the order implies the subscription of the Sale Agreement (see above).
  • II. ONLINE SERVICES AND MOBILE APPLICATION
    • 1. The Seller provides, through the Online Store, the following online services (which are free) for Customers:
      • a. the Account;
      • b. Allow Customers to place orders and make Sale Agreements in the terms specified therein;
      • c. Present to the Clients the advertising content adjusted to their interests;
      • d. Allow Clients to use the services of the Shopping Cart;
      • e. Allow the visualization of the Content located inside the Store;
      • f. Newsletter;
      • g. For Apps Clients (the following may apply to the current Online Services or those that are introduced, the ability to use certain Online Services is due to the current functionality of the App):
        • Scan with the camera and save the bar codes of the selected products to compare their prices by the Client;
        • present the products in the Online Store based on photos of the selected products uploaded by the Customer;
        • search in the Seller’s physical store or a specific point of delivery through geolocation;
        • limit the products or Promotions presented, to the size indicated by the Client (for example, shoe size) or to the category indicated by the Client (for example, products for Men/Women/Children);
        • present live notifications directly on the mobile device’s screen (a “push” notification);
        • create favorite product lists;
    • 2. The Seller, in addition, for Customers who have created an Account, provides the following services through the Online Store (which are free):
      • a. Maintain the Client’s session after logging into the Account (using a browser or the App);
      • b. Store and make the order history available to the Customer through the Account.
    • 3. The use of the Account is possible after completing the following steps jointly and severally by the Client:
      • a. Complete the Registration Form and accept the provisions of this.
      • b. Click on the “Register” box.
  1. The Service Agreement is performed upon the Customer confirmation of the signing of the Service Agreement sent by the Seller to the email address provided by the customer during the registration process. The account is provided free of charge and for an indefinite period of time. The Customer is entitled, at any time and without indicating the cause, to delete the Account (cancellation from the Account) by sending an appropriate request to the Seller, in particular by sending an email to: info@man-medical.com or in writing to: COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid. CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
    (+34) 900 800 852 (in accordance with the corresponding operator price list).
    • 2. The use of the Store it is not necessary to configure the Account to place an Order in the Online Store.
    • 5. The use of the cart begins at the same moment that the Customer adds the first product to the cart.
    • 6. The Cart is provided free of charge and is unique and will be terminated when the Order is placed through it or when the Client finishes placing the Order through him in accordance with his previous will, while the Cart of purchase contains the information of the products selected by the Client once the session of the browser or the Application, including the closing of session, for no more than 7 days; however, they do not serve to reserve the products. When the Customers who logged into the Account through a browser use the Shopping Cart, the contents of the Shopping Cart are synchronized with the Account that then executes the App (and vice versa).
    • 7. The Client is obliged in particular to:
      • a. provide in the Order and in the registration forms, only true, updated data and all the necessary data of the Client when creating the Account;
      • b. update immediately the data, including personal data, provided by the Customer of the Seller with respect to the conclusion of the Service Agreement or the Sales Agreement, in particular for the correct execution thereof; the Client is enabled to change the data entered when configuring the Account at any time using the options available within the Account;
      • c. use the services and functionalities made available by the Seller in a way that does not interfere with the operation of the Seller, the Online Store or the App;
      • d. use the services and functionalities made available by the Seller to correspond to the applicable laws, the provisions of the Purchase Conditions, as well as the customs and social cohesion rules adopted in the given field;
      • e. use the services and functionalities made available by the Seller in a manner that is not inconvenient for other Customers and for the Seller;
      • f. Collect products ordered on time using the Cash on Delivery method.
      • g. not share or make available in the Store any Content prohibited by applicable laws, at all times complying with the provisions of the Horizontal Property Law and respecting copyright;
      • h. download the app only from legitimate sources;
      • i. not perform acts such as:
        • – distribute or place unsolicited commercial information in the store or publish any content that violates the intellectual property regulations to copyright or the rights of third parties;
        • – perform IT activities or any other activity aimed at obtaining information not intended for the Client, including data from other Customers or that interfere with the principles or technical aspects of the operation of the Store, the App and the execution of payments;
        • make unauthorized modifications to the Content provided by the Seller, in particular the prices or descriptions of the products provided in the Store.
    • 8. Complaints related to the provision of the Online Services or the App will be presented, for example:
  1. writing to COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid
    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).
    • 9. The Client is advised to include in the description of the complaint: (1) information and circumstances related to the subject of the complaint, the nature and date of the occurrence of the irregularities in particular; (2) the Client’s demands and (3) the applicant’s contact information; this will facilitate and accelerate the handling of the claim by the Seller. The requirements indicated in this paragraph are only recommendations and do not affect the effectiveness of the complaint with the omission of the recommended description of the complaint.
    • 10. The response to the complaint by the Seller shall be made immediately, no later than 14 days from the date of its submission.
    • 11. The functionality of the application is facilitated by the Online Service Seller in an accessible manner, which facilitates the use by the Customer of the Online Store, especially the knowledge of the Contents, Products and Prices.
    • 12. The app uses a technology that stores and accesses the Client’s identification that allows the offline app to work and stores the preferences of the Client not connected (which is related to the access to the memory of the mobile device). The app stores the identification of the current Client until the Client logs into the app, changes the app to the online store, which is running in another country, or uninstalls (deletes) the app from the mobile device.
    • 13. To use the functionality of the application referred to in point II, par. 1 lit. above, it is necessary that the Client voluntarily accepts the access of the App to certain functionalities of the Customer’s mobile device, that he gives his voluntary consent to receive automatic notifications or that he gives the Seller information about his preferences.
    • 14. The Customer may at any time revoke the consent mentioned in paragraph 17 above or uninstall (remove) the Mobile Device App using the configuration of the device.
  • III. TERMS AND CONDITIONS FOR SUBSCRIBING THE SALE AGREEMENT
    • 1. The main characteristics of the provision, including the purpose of the provision and the form of communication with the Client are defined on the page of each product.
    • 2. The Seller allows you to send product orders as follows:
      • a. in the online store;
      • b. contacting the Customer Service Center:
        • by phone;
        • by Whatsapp;
        • by email;
        • through the use of live chat software in the online store.
    • 3. As part of the development of the services provided, the Seller may add new ways of placing orders using remote means of communication, in accordance with the terms and conditions established in this document.
    • 4. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Customer has previously sent the Order.
    • 5. The Seller allows the Customer to place an order through the online store, as follows:
      • a. The Customer adds the selected product to the Shopping Cart and then proceeds to the Order Form.
      • b. The Client that owns the Account confirms in the Order Form the updated details necessary to carry out and execute the Sales Contract. A user that does not have an Account must complete the Order Form by entering the necessary data to make and execute the Sale Agreement. In any case, the provision of outdated or inaccurate data of the Client may prevent the execution of the Agreement. In the Order Form, the following customer information is required: Name(s), Last Name, address (street, house/apartment number, zip code, city, country), email address, contact phone number and details of the sales contract: product/products, quantity of product, if available, type, color and size of the product, place and method of delivery of the product, method of payment. For Customers who are not Consumers, the details of the company and the taxpayer identification number (NIF) are also required.
      • c. The Customer chooses one of the delivery methods made available by the Seller.
      • d. The Client chooses the method of payment of the Price and any other cost of the execution of the Contract indicated in the Order Form.
      • e. The Customer sends an order to the Seller (makes an order) using the functionality of the online store provided for that purpose. If the Client does not have an Account and did not accept the subscription conditions previously, their acceptance is required beforehand.
      • f. The Customer places the order through the functionality of the online store provided for this purpose (the button: “order and payment”).
      • g. When sending the order, until you click on the “Order and payment” button, the Customer has the option to manually adjust the data entered in the “Shopping Cart” panel by adding or removing a particular item from the Shopping Cart .
      • h. Depending on the payment method chosen, the Client can be redirected to the external websites of the payment service provider to make the payment;
    • 6. In case of signing the Sales Contract through the other means of remote communication, including the telephone:
      • a. The Seller will send an electronic message to the Client confirming the content of the proposed Sale Agreement.
      • b. The Customer sends an Order to the Seller by email to the email address from which he received the confirmation referred to in sec. 6 above letter.
      • c. In the case of a Client who does not have an Account and did not accept the subscription conditions previously, their acceptance is required in advance.
    • 7. In any other case of those specified in paragraph 6 above, the Sales Agreement may be entered into using other means of remote communication, including by telephone, at the initiative of the Consumer. The following sections apply in such cases, taking into account the circumstances and the means of communication used.
    • 8. The Seller, in response to the Order, immediately sends an automatic message to the email address provided by the Customer with confirmation that he received the Order and began its verification.
    • 9.After verifying the Order, without undue delay, the Seller will send a message to the Customer at the indicated email address:
      • a. with the confirmation of the acceptance of one or more special offers for products presented within the Order and the confirmation of the subscription of the Sale Agreement (confirmation of the Order of the products indicated in the message); or
      • b. information on the impossibility of accepting all the offers of the products presented under the Order, for the reasons indicated in point IV, point 5 below (lack of payment);
      • c. the information mentioned in point XI. Point 6 below for the Client to whom clause XI applies item 4 below (do not pick up the package).
    • 10. The Sales contract is concluded with the confirmation of the offer(s), that is, to receive the message of the Client mentioned in sec. letter 8 above for the products indicated in it. The Seller sends the Client a confirmation of the terms of the Agreement to the email address provided by the Customer.
    • 11. In case of not being able to accept all or some of the offers presented in the Order, Customer Service Department will contact the Client to:
      • a. inform the Client about the impossibility of accepting all offers submitted under the Order for the conclusion of the Sale Agreement; or
      • b. confirm by the Customer the will to execute the Order in the part in which the Seller accepted the offer for the conclusion of the Sale Agreement. Then, the Client can cancel the completed Order (with respect to all offers), which does not infringe his right to cancel the contract. The cancellation of the order by the Customer releases the Seller from the obligation to execute it. In case of canceling the Order, section 12 below will apply.
    • 12.In case of not being able to accept the offer(s) submitted under the Order, the Sales Contract, within the scope of the products specified by the Customer Service Department, will not be subscribed and the Seller will return immediately to the Customer payments made by the Client in no later than within 14 days. The provisions of point VI, point 6, will apply accordingly.
    • 13. Independently, the Seller can inform the Customer about the status of the order by sending a message to the Customer’s email address, sms or by contacting by phone.
    • 14. The Seller will try to ensure the availability of all products and the execution of the Sale Agreement. If the service can not be provided for any circumstance, the Seller will comply with its obligation to return the price paid by the Customer in accordance with the applicable regulations.
    • 15. The total value of the order includes the price, shipping costs and, if applicable, other costs selected by the Customer for the optional payment services. The Seller may, in its sole discretion, determine the minimum threshold for which the product is shipped without charge. During the presentation of the Order, even when the Client expresses his wish to be bound by the Sales Agreement, the Client will be informed about the total price, including taxes, of the product object of the Order, as well as the shipping costs (including transportation, delivery and postal expenses) and other costs, and, in cases where the amount can not be determined, the obligation to pay them.
    • 16. Current promotions in the Online Store are not subject to consolidation, unless expressly stated otherwise in the Promotion.
  • IV. PAYMENT METHODS
    • 1. The Seller will make available to the Customer, in principle, subject to point XI. Article 5, the following payment methods according to the Sale Agreement:
      • a. cash upon delivery of the package;
      • b. a transfer to the Seller’s bank account;
      • c. online payments and payment by credit card and debit card through authorized services, according to the information provided in the Online Store;
      • d. money in cash delivered in person.
    • 2. The possible current payment methods are determined in the Online store in the “Payment Methods” tab and at each moment in the secondary page of a specific product. The payment methods available may vary depending on the delivery method selected by the Customer.
    • 3. Payment Agreements and online payments through the credit card and debit card are carried out according to the Customer’s choice through authorized services;
    • 4. In the case of not receiving from the Seller the clients payment, who chose a form of payment in advance, that is, payment by bank transfer, an online payment or payment by credit card and debit card, the Customer Service Center can contact the Client to remind him of the payment, including sending an email. Failure to pay by the Customer within 4 days after placing the Order and then within 3 additional days will result in the non-acceptance of the Order made by the Customer. The Customer, until receiving the confirmation message of sale of your order, can also cancel the order without any consequence by contacting the Seller in the Customer Service Center.
    • 5. If the Customer chooses cash upon delivery of the package or a cash payment in the individual pick-up, the Customer is obliged to make the cash on delivery when picking up the package. The refusal to accept the product, despite the designation of an additional expiration date, is a condition that terminates the Sales Agreement. The Client may also cancel the Order within a specified period without incurring any consequences, which does not infringe his right to withdraw from the contract.
    • 6. If the Client selects the cash on delivery at the time of delivery, the Customer is obliged to make the payment upon delivery. The refusal to receive the Product, despite the appointment of an additional appropriate date, is a condition to terminate the Sales Contract. The Customer can also cancel the Order without any prejudice within the time indicated, which does not affect his right to terminate the contract.
  • V. COST, METHOD AND TIME OF DELIVERY OF THE PRODUCT PAYMENTS: METHODS AND DATES LIMITS
    • 1. The delivery of the product is available in the territory of Spain and in certain countries indicated in the tab “Shipping costs” in the online store and at each time in each subpage of the product.
    • 2. The delivery of the product to the Customer has a cost unless the Contract of Sale establishes otherwise. The available methods and the shipping costs of the product are indicated to the Client in the tab “Shipping Costs” in the Online Store and at each moment in each subpage of the product, including the moment in which the Customer wishes to subscribe a purchase. The Seller may make available to the Customer, in principle and subject to the provisions of point XI, section 4, the following means of delivery or collection of the particular product:
      • a. a mail package,
      • b. a messaging package,
    • 3. The total delivery time for the Customer to receive the product (delivery date) consists of the time of preparation of the Order for the shipment by the Seller and the time of delivery of the product by the carrier.
    • 4. The date of delivery of the product to the Customer is up to 7 Business Days unless a shorter term is specified in the product description or during the dispatch of the Order. In the case of the simultaneous realization of several products with different delivery dates, the delivery date is the longest, however, it can not exceed 7 working days.
    • 5. The preparation time of the Order for the shipment by the Seller is presented at each moment in each subpage of the given product and is counted from the day of (the beginning of the delivery period):
      • a. recognition of a bank account or of the billing account of the Seller, if the Customer chooses to pay by means of a bank transfer, an online payment or by means of a credit card and debit card;
      • b. subscription of the Sale Agreement, if the Customer chooses the method of payment against delivery.
    • 6. At the time indicated above, it is necessary to add the delivery time of the product by the given transporter, depending on the type of delivery chosen by the Customer and the delivery time is presented at each moment in each subpage of the product and in the tab “Processing of orders “in the online store.
  • VI. PRODUCT COMPLAINTS
    • 1. The basis and extent of the responsibility of the Seller in terms of the Client, if the products sold have a physical defect or a legal defect (an implicit guarantee), is defined in the provisions of the Law for the defense of Consumers and users and regulations analogous.
    • 2. Products presented in the online store may be covered by a manufacturer’s or distributor’s warranty. The detailed terms and conditions of the guarantee and its period of duration will be specified on the guarantee card issued by the guarantor that is included with the product.
    • 3. The Seller is obliged to provide the Customer with the product without defects.
  1. The complaint may be presented by the Client, for example, in writing to: COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid
    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).

. If a claim refers to the product, it is generally advisable to deliver the product to the Seller with a claim to allow the Seller to analyze the product. The details on the forms of free delivery of the product by the Client to the Seller due to the claim can be found in the Online shop tab under Warranty.

    • 5. If a product sold has a defect, the Customer has the right to:
      • a. submit an application for price reduction or rescission of the Sale Agreement, unless the Seller replaces the defective product without delay, without undue inconvenience to the Customer. The reduced price must be maintained in a proportion such that the contract price in which the value of the product with a defect is contrary to the product without any defect. The Client can not resolve the agreement if the defect of the product is insignificant;
      • b. require a replacement of the product for a defect-free product or require the elimination of a defect. The Seller is obliged to replace the defective product with one without defects or eliminate a defect within a reasonable time without any inconvenience for the Client;
    • 6. The Client is allowed, instead of the elimination of the defect proposed by the Seller, to demand the replacement of the product by one without defects or, instead of demanding a replacement of the product, to demand that the defect be eliminated, unless any of these options are impossible or require excessive costs. When the cost of repair exceeds the value of the product free of defects, the nature and importance of the defect identified will be considered and the inconveniences that the Customer will otherwise suffer will be taken into account.
    • 7. The Client is advised to provide in the description of the complaint: (1) information and circumstances on the subject of the complaint, in particular, the nature and date of occurrence of the defect; (2) require a way to make the product compatible with the Sales Agreement or a declaration of price reduction or withdrawal of the Sale Agreement; and (3) the contact details of the claimant: this will facilitate and speed up the handling of the claim by the Seller. The requirements indicated in the previous sentence are only recommendations and do not affect the effectiveness of the complaint without the recommended description of the complaint.
    • 8. The Seller will respond to the Customer’s complaint immediately, no later than 14 days after the date of receipt of the claim. If the Customer requests a replacement or elimination of a defect or has made a price reduction declaration specifying the amount by which the price should be reduced, and the Seller has not responded to the request within fourteen days, the claim shall be considered accepted.
  1. If it is necessary to deliver the product to the Seller to respond to the Customer’s complaint by the Seller or to exercise the implied warranties of the Customer in accordance with the regulations on warranties, the Customer will be obligated to deliver the product at the expense of the Seller, for example, to the address COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid
    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).
    • (or to the address indicated additionally by the Seller in www.tienda.manmedicalinstitute.com/garantia). Details on the free forms of product delivery to the Seller by the Customer can be found in the online store in the Guarantee tab. However, if due to the nature of the defect, the type of product or the way in which it was assembled, the delivery of the product by the Customer is impossible or excessively difficult, the Client may be requested to deliver the product to the Seller, with prior agreement in the place where the product is located.
    • 10. The Seller is bound by the implied warranty if a physical defect is detected within two years after the date of delivery of the product to the Customer. The claim for the elimination of a defect or replacement of a product without defects is restricted for one year after the detection of the defect, however, in the case of the Order made by the Consumer, the period of termination will not expire before expiration. of the period to which the first sentence refers.
  • VII. NON-JUDICIAL PROCEDURES FOR RESOLVING COMPLAINTS AND FORMULATING CLAIMS, AS WELL AS THE RULES OF ACCESS TO THESE PROCEDURES
    • 1. The use of extrajudicial means to deal with complaints and claim the claim is voluntary. The following information is informative and does not constitute an obligation of the Seller to use resolutions of extrajudicial disputes. The Seller’s declaration of consent or refusal to participate in the extrajudicial resolution of Consumer disputes is presented by the Seller in writing or other reliable means.
    • 2. The parties will be subject to what is established at all times by the regulations for the defense of Consumers regarding extrajudicial dispute resolution procedures. Detailed information about the ability of the Client (who is a Consumer) to use extrajudicial claims and assert claims and rules of access to these procedures may be available at the offices and websites of Consumer advocates, social organizations whose statutory tasks include Consumer protection, also at the following Internet address www.ocu.org/reclamar of the Office of Consumers and Users.
    • 3. The Client as a Consumer has the following exemplary possibilities of extrajudicial means to deal with claims and claims vindication:
      • a. The Client has the right to file a claim with the Consumers and Users Office.
      • b. The Client has the right to file a legal claim with the Courts of First Instance of his judicial district.
      • c. The Client can submit a complaint through the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on the extrajudicial resolution of disputes that may arise between Entrepreneurs and Consumers.
  • VIII. RIGHT OF WITHDRAWAL OF AGREEMENT
    • 1. The Consumer who has signed a Sales Agreement may withdraw within 14 days without indicating the reason and without incurring any cost other than those provided by law. To maintain the deadline, it is sufficient for the Consumer to make a declaration to the Seller before it expires. The Consumer can make an unequivocal statement in which he/she must notify the withdrawal of the Sale Agreement. It is sufficient to send a declaration before the deadline expires. A declaration of withdrawal from the Sale Agreement may be submitted, for example:
  1. in writing to the address: COSTUME DESIGN GROUP SPAIN SL
    Avda Brasil, 29
    28020 Madrid
    • CIF (ES) B88092358, email: info@man-medical.com, contact phone number:
      (+34) 900 800 852 (in accordance with the corresponding operator price list).
      • 2. The Consumer can use a withdrawal form template, but this is not mandatory.
    • 3. The lapse of time for the withdrawal of the Sale Agreement will begin on the date on which the product was taken by the Consumer or by a third party designated by him that is not the carrier and in the case of a Sale Agreement, which:
      • a. includes a large number of products that are delivered separately, in batches or in parts, since they acquired possession of the last product, a lot or part, or
      • b. it is based on the regular delivery of products for a fixed period of time, since it acquired possession of the first of the products;
    • 4. In case of withdrawal of a remote agreement, the agreement shall be deemed not concluded.
    • 5. The Seller is obliged immediately, within 14 days after receiving the consumer’s withdrawal request, to return to the Consumer all payments made by him/her, including the costs of shipping the product (except the additional costs derived from the delivery method chosen by the Customer that is not the cheapest form of delivery available in the online store).
    • 6. The Seller will make a reimbursement using the same method of payment that the Consumer used, unless the Consumer explicitly agrees to another form of reimbursement, which for him/her does not mean to assume any cost. If the Seller has not offered to receive the Consumer’s product, the Seller may refrain from returning the payment received from the Consumer until the product is returned or the Consumer presents a proof of its return, whichever occurs first.
    • 7.The consumer shall immediately, within 14 days after the date of withdrawal of the Sale Agreement, return the product to the Seller or transfer it to a person authorized by the Seller to be picked up unless the Seller has offered to pick up the product at the place of delivery. To maintain the term, it is sufficient to return the product before its expiration. The consumer can return the product/service to:
      COSTUME DESIGN GROUP SPAIN SL
      Avda Brasil, 29
      28020 Madrid España.
      (or to the address indicated additionally by the Seller in https://www.manmedicalinstitute.com/devolucion) and should include, as far as possible, proof of purchase of the product.
    • 8. The Consumer shall be responsible for reducing the value of the product resulting from its use beyond what is necessary, which shall be determined by the nature, characteristics and performance of the product.
    • 9. The consumer only has a direct cost of returning the product. The Seller may, by virtue of a promotional action, propose to the Consumer that it collects the products returned by the Consumer’s Seller.
    • 10. The right of withdrawal of a Remote Agreement will not be available to the Consumer with respect to the agreements: (1) for the provision of services if the Seller provided the complete service with the express consent of the Consumer who was informed before the beginning of the service , after satisfying the performance of the Seller, loses its right of withdrawal; (2) where the price or wages depend on fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the withdrawal period; (3) in the case of a non-manufactured product, manufactured in accordance with the Consumer’s specifications or to meet their individual needs; (4) in the case of a product that deteriorates rapidly or has a short useful life; (5) in the case of a product supplied in a sealed package that can not be returned for sanitary or hygienic reasons after opening the package, if the package is opened after delivery; (6) in the case of products that after their delivery are, by their nature, inseparably connected with other things; (7) in the case of alcoholic beverages whose price was agreed after the conclusion of the Sales Agreement and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control ; (8) when the Consumer expressly requested the Seller to come to his place to perform repairs or emergency maintenance; If the Seller provides additional services to those whose performance was requested by the Consumer, or if the Seller supplies products other than the spare parts necessary for repair or maintenance, the Consumer shall have the right to terminate the contract for additional services or products; (9) when the purpose of the provision is sound or visual recordings or computer programs delivered in a sealed package if the package has been opened after its delivery; (10) to provide newspapers, periodicals or magazines, with the exception of the subscription agreement; (11) concluded through a public auction; (12) to provide accommodation services other than for residential purposes, transportation of goods, rental of automobiles, catering, leisure, entertainment, sports or cultural events if the agreement indicates the day or period of service; (13) or provide digital content that is not registered in a material medium if compliance with the provision was initiated with the express consent of the Consumer before the expiration of the withdrawal period and after informing the Seller of the loss of the right of withdrawal.
  • IX. LICENSE
    • 1. Exclusive rights over the content made available/placed in the online store by the Seller or its contractors, in particular the copyright, the name of the online store (a trademark), the graphic elements of the same, the software (including the application) and the rights of the database will be protected by law and the Seller or entities with which the Vendor has entered into the corresponding agreements will have rights over them. The Client is entitled to use the aforementioned Content, including the App for free, as well as to use the Content published in accordance with the law and already disseminated by other Customers within the Online Store, but only for personal use and only for the correct use of the online store around the world. The use of the Content, including the App, to another degree is only allowed on the basis of an explicit prior approval granted by the authorized entity, in writing under penalty of nullity.
    • 2. The Client, when placing any Content in the Online Store, in particular, graphics, comments, opinions or statements in the Account or in any other place of the Online Store, grants the Seller a non-exclusive relationship, royalty-free license or fee for use, store, record, alter, complete, delete, publicly display, reproduce and share (especially on the Internet) such Content throughout the world. This right includes a sublicense in the scope justified by the execution of the Sales Agreement or the Service Agreement (including the operation and development of the Online Store), as well as the authorization to perform, independently or through third parties, subsidiary rights in the scope of development, personalization and translation of the work within the meaning of the Intellectual Property Law. Insofar as the Client does not have the right to grant the Licenses mentioned in this paragraph 2, the Client undertakes to obtain such Licenses for the Seller.
    • 3. Notwithstanding the foregoing provisions, the App is subject to the intellectual property rights of the Seller. Upon installation of the App on the Customer’s mobile device, the Seller grants the Customer a non-exclusive License to use the App, including the reproduction of the Appl only for download on the mobile device, and the installation and execution of the App on the Customer’s mobile device. A Customer may install the App on any number of Customer’s mobile devices, but only a copy of the App on a mobile device is allowed to be installed.
    • 4. The Client has no right, in particular, to translate, adapt, change the design or make any other change to the App, including its source code, except as permitted by applicable law. In addition, the Customer has no right to use the App for profit.
  • X. PROTECTION OF PERSONAL DATA
    • 1. The personal data of the Client are processed by the Seller as the administrator of personal data.
    • 2. The disclosure of personal data by the Client is voluntary, but necessary to establish an Account, use the specified Online Services or enter into a Sales Contract.
    • 3. The Seller will apply appropriate technical and organizational measures to protect the personal data processed in accordance with the Organic Law on Data Protection.
    • 4. The Customer’s Personal Data provided as part of the Online Store or obtained based on the Client’s activity on the Internet and through the App will be processed by the Seller for specific purposes as part of individual forms, as part of the Online Store and described in detail in the Privacy Policy available in the online store.
    • 5. As a general rule, depending on the use of specific functionalities, the Customer has the right to file a complaint with the Spanish Data Protection Agency, to object, to access their personal data, to request rectification, elimination, limitation of processing and transfer of data.
    • 6. Information regarding the protection of personal data can be found in the “Privacy Policy” tab available in the online store.
  • XI. TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES AND CHANGES IN THESE CONDITIONS OF SALE
    • 1. The Seller may at any time terminate the Service Agreement or any other License agreement in accordance with point IX of the sales conditions, and the Customer will give a one month notice for important reasons, understood as (a closed catalog):
      • a. a change in the laws that govern the provision of online services by the Seller that affect the mutual rights and obligations established in the agreement entered into between the Client and the Seller, or a change in the interpretation of the previous provisions by means of judgments, judicial decisions, recommendations or directives within the scope of the offices or authorities concerned;
      • b. a change in the provision of the service due solely to technical or technological considerations (in particular, the updating of the technical requirements indicated in these conditions);
      • c. a change in the scope or provision of services to which the provisions of these conditions apply, introducing new ones, modifying or withdrawing from the Seller the existing functionalities or services covered by the Sales Agreement.
    • 2. Notwithstanding paragraph 1, taking into account the particular attention of the Seller for the protection of the Client’s personal data and its processing for a reasonable period of time, the Seller may terminate the Service Provision Contract with immediate effect in case of inactivity of the Customer in the Online Store for an uninterrupted period of at least 3 years.
    • 3. The Seller’s declaration to the extent specified in paragraphs 1 and 2 above will be sent to the email address provided by the Customer during the creation of an Account or placing an Order, unless the Seller does not have an email address of the Client, as part of the notifications in the App.
    • 4. The Seller may terminate the service provision contract or any license agreement granted in accordance with point IX of the Regulation for a period of seven days notice and/or reject other rights of use of the Online Store (including through the app) and placing orders, as well as limiting your access to part or all of the Content, for relevant reasons, that is, in case of serious breach of these Regulations by the Client, that is, in situations where the Client (catalog closed) violates the provisions of point II, paragraph. 7 a, c, d, e, h, i, j of the Conditions of purchase.
    • 5. For relevant reasons, that is, in case of serious breach by the Customer of these Purchase Conditions, in a situation in which a particular Customer has violated the provisions of point II, paragraph 7 f or g of the Purchase Conditions (closed catalog). In order to avoid additional damages, the Seller may refuse to accept the offer of the Customer with respect to certain forms of payment or delivery. This provision shall be applied independently of the data that the Client identifies and of the data provided when placing the Order, and in particular when the Client at the same time violates the provisions of paragraph II. 7 a of the Purchase Conditions.
    • 6. In case of making another Order by choosing a specific method of payment or delivery, or making another Reservation by the Client, to whom the provision of the paragraph is provided. 5 above, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer to notify the Customer of the serious breach of the Rules and the non-acceptance of the offer using a specific method of payment or delivery, indicating alternative methods of payment or delivery. The provisions of point IV, paragraph 5 of the Regulation will be applied accordingly.
    • 7. The Client, to whom the provisions of paragraph 4 or 5 above are applicable, you can use the Online Store or use a specific method of payment or delivery after prior contact with the Seller (through CAC) and obtain the consent of the Seller for a later use of the Store in line or the use of a specific method of payment or delivery.
    • 8. The Sales Agreement and the Annexes thereof and the acceptance of these conditions of sale constitute an agreement subject to the autonomy of the will of article 1.255 of the Civil Code.
    • 9. The Seller can modify these conditions (except point XII, which applies to Non-Consumers and can be modified at any time according to the generally applicable laws) in the event of one of the following valid reasons (a closed catalog):
      • a. a change in the laws that govern the sale of products or the provision of online services by the Seller that affect the mutual rights and obligations established in the agreement entered into between the Client and the Seller, or a change of interpretation of the previous provisions through judicial rulings, decisions, recommendations or directives within the appropriate scope of competent offices or authorities;
      • b. a change in the form of service provision due solely to technical or technological considerations (in particular, the updating of the technical requirements indicated in the Sales Agreement;
      • c. A change in the scope or provision of the services to which the provisions of the new ones apply, modifying or withdrawing from the Seller the existing functionality or services covered by the Sales Agreement.
    • 10. If amendments are made to the content of these conditions, the Seller will share the unified text of the publication in the Online Store and by means of a message sent to the email address provided at the end of the Service Agreement by the Client, that the Parties agree to introduce the Information about the change in online media in such a way that the Client can become familiar with its content. If the Seller does not have the email address of the Client, a message will be sent about the modification of the Conditions of use to the Client within the notification in the App.
    • 11. The modification of these conditions takes effect 14 days after the date of sending the notice of change. In the case of Clients who have entered into a Service Agreement, that is, who have an Account, they have the right to terminate the Service Agreement within 14 days of the date on which they are notified of the modification of the Rules. The modification of the conditions does not affect the Sales Agreements concluded between the Client and the Seller before their modification. The provisions of point IV point 4 are applicable accordingly.
  • XII. PROVISIONS RELATING TO NON-CONSUMER CUSTOMERS
    • 1. This section applies only to Non-Consumers.
    • 2. The Seller has the right to withdraw from the Sale Agreement entered into with a Non-Consumer Client within 14 days of its conclusion. The withdrawal of the Sale Agreement in this case can occur without giving any cause and does not generate any claim against the Seller against the Non-Consumer Client.
    • 3. In the case of Non-Consumers, the Seller has the right to limit the available payment methods, including the prepayment requirement in full or in part, regardless of the payment method chosen by the Customer and the conclusion of the Sale Agreement.
    • 4. Once the Seller delivers the product to the carrier, the benefits and charges associated with the product and the risk of accidental loss or damage of the product will be transferred to the Non-Consumer Customer. In such case, the Seller will not be responsible for any loss, defect or damage of the product that arises from its acceptance of the transport until it is delivered to the Customer and for delay in the transport of the package.
    • 5. The responsibility of the Seller for the product under the implied warranty of the product for a Consumer Client is excluded.
    • 6. In the case of Non-Consumers, the Seller may terminate the service contract or any other license agreement granted under point IX of these conditions, with immediate effect and without identifying the cause by sending a declaration to the Client in any way.
    • 7. Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Client, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused intentionally by them.
    • 8. If the liability of the Seller, its employees, authorized representatives and/or plenipotentiaries is established, such liability towards the Non-Consumer Client, regardless of its legal basis, will be limited to both the individual claim and any claim in total – up to the price paid and delivery costs according to the last Sale Agreement, but will not exceed 250 euros.
    • 9. Any dispute arising between the Seller and the Non-Consumer Customer shall be subject to the jurisdiction of the registered office of the Seller.
    • 10. For Non-Consumers, the Seller may amend the s at any time based on the generally applicable laws.
  • XIII. FINAL PROVISIONS
    • 1. These conditions come into force on 04.01.2019.
    • 2. The agreements entered into by the Seller are executed in Spanish.
    • 3. The maintenance, obtaining and dissemination of the essential provisions of the Online Services Agreement concluded is done by sending an email to the email address provided by the Client.
    • 4. Maintenance, security, disclosure and confirmation to the Customer of the relevant provisions of the Sales Agreement are concluded by sending the Customer an email with the order confirmation and attaching the Order Specification to the Package containing the product fiscal proof of purchase. The content of the Sale Agreement is stored and is additionally secured in the IT system of the Online Store.
    • 5. The Seller must provide appropriate technical and organizational measures to the extent of the security risk of the functionality or services provided under the Service Agreement. The use of the Online Services is associated with the typical risks of the transmission of data through the Internet, such as its dissemination, loss or unauthorized access.
    • 6. The content of the Regulation is available to customers without charge at the following URL: https://www.manmedicalinstitute.com/condiciones-de-compra, as well as within the App, from where customers can access it and print it anytime.
    • 7. The Seller informs that the use of the online store through an Internet browser or the application, including the making of orders and telephone calls to the Customer Service Center, may involve an Internet connection cost (transmission rate of data) or telephone connection costs, in accordance with the price list of the service provider used by the Customer.
    • 8. In matters not regulated under these conditions, the provisions of the Spanish common legislation shall apply.
  • Annex No. 1 – MODEL OF RESOLUTION OF THE CONTRACT
  • (this form must be completed and returned only if you want to terminate the contract)

Addressee:
COSTUME DESIGN GROUP SPAIN SL
Avda Brasil, 29
28020 Madrid

I/We(*) inform(*) about my/our will to resolve the contract of sale of the following products(*) contract for the delivery of the following products(*) contract for a job that consists in the realization of the following products(*) / for the provision of the following service(*)

Date of conclusion of the contract (*) / receipt (*)

First and last name of the Consumer(s)

Consumer Address(es)

Consumer Signature(s) (only if the form is sent in hard copy)

Date
(*) Strike out what is not appropriate

 

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