Terms and conditions

1. GENERAL INFORMATION ABOUT THE OWNER OF THE WEBSITE

The purchase and sale of articles through this website is carried out under the name Fertypharm S.L., a Spanish company with registered office at St. Martí de l’Erm, 1, 4º 3ª, 08960, Sant Just Desvern, registered in the Mercantile Register of Barcelona in volume 10465, book 7746, folio 99, section 8, page V 180831.
Contact: help@fertypharm.com
Telephone: +34 960134726

2. CONDITIONS OF PURCHASE

The formalization of the order implies, in any case, the acceptance of the present conditions of purchase. This formalization is understood once the confirmation email is received with the details of the purchase made by the user.

3. PRODUCT AVAILABILITY

All orders are subject to product availability. There may be occasions when it is not possible to supply the products ordered due, for example, to the products not being available at the time of the order. In such cases, we will contact you to inform you of the expected delivery date, and suggest alternative ways to purchase the selected product. If we are unable to supply the product within a reasonable time, we will cancel your order in relation to the products we are unable to supply and refund any monies paid to us for such products. In the event that a product is not available, but others within the same order are, the user will be informed by phone or email of the partial cancellation of this.

4. PRICES

The applicable prices are those indicated on the website on the date of the order. Likewise, the products added by the user in the basket will always reflect the most recent price shown on the product details page.

We reserve the right to change our prices at any time. However, we undertake to apply the current rates indicated on the website at the time of placing your order.

The prices shown on each item include the V.A.T. (Value Added Tax) or the taxes payable in accordance with the regulations applicable in the country from which the purchase is made, as appropriate.

The amount of shipping costs, where applicable, is indicated to the customer in a detailed manner at the time of placing the order.

5. METHODS OF PAYMENT

The user must pay the amount corresponding to your order by any of the means that are enabled at the time of purchase, All payments will be made in euros.

A) Payment by credit/debit card: If you choose to pay by credit/debit card, your order will not be considered and will not be processed until the payment has been authorized by your bank or cashier.
The payment process works on a secure server using the SSL (Secure Socket Layer) protocol. This secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the user’s computer and the website in this way, by using the SSL protocol is guaranteed:

1. That the user is communicating his data to the Fertypharm server center and not to any other that would try to impersonate it.

2. That between the user and the aforementioned server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
Likewise, Fertypharm declares that it does not have access to confidential data related to the means of payment used. Only the Payment Gateway has access to this data for the management of payments and collections, which is inaccessible to other third parties.

B) By PAYPAL: If you pay by PAYPAL, your order will be processed as soon as we receive authorization from PAYPAL confirming the collection of the amount indicated in your order.

6. SHIPPING COSTS AND DELIVERY TIME

5. METHODS OF PAYMENT

The user must pay the amount corresponding to your order by any of the means that are enabled at the time of purchase, All payments will be made in euros.

A) Payment by credit/debit card: If you choose to pay by credit/debit card, your order will not be considered and will not be processed until the payment has been authorized by your bank or cashier.
The payment process works on a secure server using the SSL (Secure Socket Layer) protocol. This secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the user’s computer and the website in this way, by using the SSL protocol is guaranteed:

1. That the user is communicating his data to the Fertypharm server center and not to any other that would try to impersonate it.

2. That between the user and the aforementioned server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
Likewise, Fertypharm declares that it does not have access to confidential data related to the means of payment used. Only the Payment Gateway has access to this data for the management of payments and collections, which is inaccessible to other third parties.

B) By PAYPAL: If you pay by PAYPAL, your order will be processed as soon as we receive authorization from PAYPAL confirming the collection of the amount indicated in your order.

6. SHIPPING COSTS AND DELIVERY TIME

The timetable for receiving orders is twenty-four (24) hours a day, three hundred and sixty-five (365) days a year. The preparation and delivery of orders is carried out during all working days of the year. Orders received before 11:00 am will be processed on the same day. All orders received after 11:00 am will be processed the following day (working days). Orders received during the weekend will be processed first thing the following Monday, or first business day.
The time between placing the order and the date of the first delivery attempt by the carrier at the address indicated on the order will be between 48-72 hours on the peninsula.

Shipping costs:
Shipping costs depend on the total amount of the purchase and the delivery point, which are calculated at the time of purchase. You will be able to see the total price of the transport before confirming the order.

-Peninsular Spain:
– For ordinary shipments 48-72H working days.
– In lower purchases, the shipping cost is 4,65€.
-Balearic Islands: Shipping costs are 7,73€ for major islands and 13,97€ for minor islands.
-Canary Islands: shipping costs are 11,57€.
-Shipping costs are free for Peninsula, Canary Islands and Balearic Islands, with purchases equal or superior to 65€.
-There is no possibility of free shipping for orders outside Spain.

7. RETURNS POLICY

7.1. RIGHT OF WITHDRAWAL

The Customer has the possibility to withdraw from his order without having to justify his decision within a period of fourteen (14) calendar days from receipt of the Products ordered. In the event that the expiration date of such period of fourteen (14) days coincides with a Saturday, Sunday or holiday, the period will be extended until the next business day.
In the event that the customer wishes to make a total or partial return of the products of his order, he should contact the FERTYPHARM team by e-mail at info@fertypharm.com, indicating the order number, the product/s to be returned. We will reply as soon as possible, indicating the steps to follow to process the return of the goods.

Also, it is reported that the customer has a form to exercise the right of withdrawal in the help section.

The exercise of the right of withdrawal entails the obligation of the consumer to return the product to Fertypharm, in the same conditions in which he/she received it, no later than 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. Therefore, Fertypharm may withhold the refund until it has received the goods.

In order to exercise the right of withdrawal, the product must be returned in the same condition in which it was received, so no refund will be made in those cases where the product is in different conditions or has suffered any deterioration, impairment or damage.
The refund will be made by the same means of payment with which it was initially paid, unless the consumer has expressly provided otherwise, and provided that the consumer does not incur any expense as a result of the refund.

7.2. GENERAL CONDITIONS OF RETURN

Without prejudice to the rights arising from the regulations on withdrawal and independently and in addition to this, if for any reason the user is not satisfied with the order, has received another product by mistake or has some kind of damage, you can return it within 30 days from the date of delivery. The conditions that the product must meet to proceed to the return of the same is that it is in the same condition as when it was delivered.

a. RETURN PROCEDURE
The deadline for a return or exchange is thirty (30) calendar days from receipt of the order.
The return must be made in the following way:
Send an email to info@fertypharm.com specifying your order number, your name and address, the details of the product and the reason for the return, as well as whether you are requesting a refund or an exchange. We will then tell you how to proceed with the return.

b. REFUND
Fertypharm will refund the corresponding amount, within 14 calendar days from the date of receipt of the return, provided that the returned item is in perfect condition, or from the date proof of the return of the goods has been provided, depending on which conditions are met first.
The refund will be made by the same means of payment with which it was paid.

7.3. WARRANTY FOR DEFECTIVE PRODUCTS

If you contract as a consumer and user, we offer warranties on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that are manifested within two years from delivery of the product. It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are ordinarily intended and (iii) they present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products do not comply with the contract, you must inform us by any of the means of communication provided for this purpose.

8. RESPONSIBILITY AND GUARANTEES

Fertypharm declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of the website as well as the absence of viruses and harmful components. However, Fertypharm cannot be held responsible for the following situations, which are listed by way of example, but not limited to:
– The continuity and availability of the contents.
– The absence of errors in said contents or the correction of any defect that may occur.
– The absence of viruses and/or other harmful components.
– The damages caused by any person who violates Fertypharm’s security systems.
– The use that users may make of the contents included in the website. The use by minors of the website or the sending of their personal data without the permission of their guardians, being the guardians responsible for the use they make of the Internet.
– The introduction of erroneous data by the user or a third party.

Fertypharm may temporarily suspend, without prior notice, access to the website for maintenance, repair, updating or improvement operations. Consequently, neither Fertypharm nor any of the companies of the Group shall in any case be liable for any damages that may arise from the lack of availability or accessibility to the website or from the interruption in the operation of the website. However, whenever circumstances permit, Fertypharm shall inform the user, with sufficient advance notice, of the date on which the contents are expected to be suspended.

Likewise, in accordance with articles 11 and 16 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce (LSSICE), both Fertypharm and the Group’s subsidiaries and franchises undertake to remove or, where appropriate, block any content that could affect or be contrary to current legislation, the rights of third parties or public morality and order.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

Fertypharm is the exclusive owner of the rights related to its website and its social networks, therefore, all contents, graphic design and codes that are part of https://fertypharm.com/ and its domains are the exclusive property of Fertypharm. Their reproduction, distribution, public communication, transformation or any other activity carried out with the contents, even if the sources are cited, is forbidden, except with the prior, express and written consent of Fertypharm. Therefore, they are protected by the Intellectual Property Law.

Fertypharm does not grant any authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website, and in no case shall it be understood that access and browsing by users implies a waiver, transmission, license or total or partial transfer of such rights by Fertypharm. Any use of such contents not previously authorized by Fertypharm shall be considered a serious breach of intellectual or industrial property rights and shall give rise to the legally established responsibilities. Fertypharm reserves the right to exercise the corresponding judicial and extrajudicial actions against the user.

10. DATA PROTECTION AND CONFIDENTIALITY

By placing an order, you agree that we may store, process and use data obtained from your order form for the purpose of processing your order. By providing the e-mail address or other personal data, which is a necessary requirement for the processing of the order, the user gives permission for these addresses to be processed and also used to send commercial communications for the promotion or advertising of the services and products offered by FERTYPHARM SL.

Fertypharm is responsible for the treatment of all its clients’ data, which is why the company has a Register of Treatment Activities in which it is indicated how its clients’ data is treated. Likewise, Fertypharm guarantees the privacy and confidentiality in the treatment of its clients’ data for the purpose of commerce and electronic contracting.

In compliance with current regulations, Fertypharm informs that the data will be kept for the period of time strictly necessary to comply with the services provided and legal obligations.

Likewise, the data will be treated in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. That is why Fertypharm undertakes to adopt all reasonable technical and security measures to ensure that they are deleted or rectified without delay when they are inaccurate or untrue.
In accordance with data protection regulations, you may exercise your rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data, as well as waive the consent given for the processing of the same, the request should be sent to the following email info@fertypharm.com

11. EXCLUSION OF LIABILITY DUE TO FORCE MAJEURE

The performance by Fertypharm of all or part of its obligations shall be suspended in the event of an act of God or force majeure preventing or delaying performance. The following shall be considered as such, in particular, without this list being limitative: war, pandemic, riot, insurrection, social unrest, strikes of any nature and supply problems not attributable to the same. Fertypharm shall inform the customer of any such fortuitous event or force majeure within seven days of its occurrence. In the event that such suspension is prolonged beyond a period of fifteen days, the customer will then have the possibility to cancel the current order and will then proceed to its reimbursement under the conditions provided in these General Conditions of Purchase or in those others that the applicable regulations may, where appropriate, establish.

12. RESERVATION OF THE RIGHT TO MODIFY THESE CONDITIONS

Fertypharm reserves the right to modify these general conditions in order to adapt them to any change or new regulation, for technical reasons, due to changes in the services offered by Fertypharm or due to strategic decisions of Fertypharm. In these cases, the changes to be made to the data protection policy will be announced on this web page with reasonable notice, as well as the date from which they will take full effect. No changes will affect orders that are in progress.
If the user does not agree with the changes, he/she must stop using the website. The use of the website after the changes have been made will imply acceptance of the changes by the users.

13. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

For any questions, suggestions, queries or complaints about the online store, you can contact Customer Service, by any of the following means:
● Phone: +34 960134726

 ● E-mail: help@fertypharm.com

The use of our website and contracts for the purchase of products through said website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

In the event that the dispute is not resolved amicably with Fertypharm’s Customer Service, the customer can access through the link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Pursuant to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. Regardless of the method used to submit the dispute to the arbitrator, the Customer’s request must contain the following information: mailing address, email address and telephone number, a brief summary of the facts and evidence of previous steps taken with Fertypharm Customer Service1