Download as PDF

Terms General of Use and Contract from the Carethy Marketplace

General Conditions for Use and Contracting of the Carethy Marketplace

CARETHY E-COMMERCE, S.L.

 

IDENTIFICATION DATA

Carethy E-Commerce S.L. (hereinafter known as “Carethy”) is a Spanish company with tax identification number B-67129486, listed on the Companies Register of Barcelona under Volume 42226, Folio 39, Page B-404814, Listing 1, and with registered offices at Calle Monturiol 28, 08210, Barberá del Vallés (Barcelona). The telephone number is 93 808 96 26, and the e-mail address [email protected].

Enter the contact section of the website and follow the instructions to contact the Carethy customer service department.

1.-PURPOSE AND GENERAL

1.1.- Carethy is the owner of the website carethy.es and of all the web platforms that can be consulted at this link (hereinafter known as the “Websites” or the “Website” when referring to each of the platforms), through which general consumer products are marketed by Carethy and on which third-party vendors other than Carethy are also allowed to market their products.

The Websites are, therefore, an on-line marketplace (hereinafter known as "Carethy Marketplace" or “eMarketplace”) that enables Users of the Carethy Websites to purchase the products marketed and sold by Carethy or marketed and sold by suppliers other than Carethy following approval by Carethy (“Other Vendors”), according to the prices and conditions defined by Carethy and/or the Other Vendors under the General Conditions of the eMarketplace. “Product” is understood as being any physical good marketed by Carethy or by Other Vendors on the Carethy Marketplace.

1.2.- The General Conditions described below regulate the conditions for use of and access to the Website by any visitor (hereinafter known as “Users”) and the contracting of the products offered by Carethy and the Other Vendors (hereinafter, the “Vendor” or “the Vendors” shall refer to both Carethy and Other Vendors, indifferently) on the Website (hereinafter known as “Product” or “Products”) by any User via the Website (hereinafter known as “Customer”).

To become Customers and, therefore, purchase Products on the Carethy Marketplace, Users of the Website must complete an identification and registration form, agreeing to these General Conditions and the Privacy Policy for the Carethy Marketplace, all in line with the instructions that they shall receive on the Website.

2.-USE OF THE WEBSITE

2.1.- The Customer and the User of the Marketplace hosted on the corresponding Carethy Website undertake to use the Website appropriately and lawfully, in according with applicable law and with these General Conditions.

2.2.- Any misuse of the Website is forbidden. The Customer and/or Users must abstain from the following, among others: 

1. Committing offences or encouraging others to do so.
2. Introducing or distributing computer viruses into the website or uploading offensive or obscene material.
3. Hacking aspects of the Website service.
4. Corrupting the data appearing on the Website.
5. Sending unrequested advertising or promotional materials ("spam").

2.3.- Carethy shall not be held responsible for the Website not being available at all times.

2.4.- The Website may also contain links to other websites that are not operated by Carethy (hereinafter known as “Other Websites”). Carethy has no control over Other Websites and is not responsible for their contents or for any damages that may be caused through their use. It does, however, reserve the right to eliminate these links through any medium if the linked site is reported to have committed any irregularity or illegality.


3.-ACCEPTANCE, AMENDMENT, AND DURATION OF THE GENERAL CONDITIONS

3.1.- The use of and access to the Website by the User implies acceptance of these General Conditions. Furthermore, to purchase any of the Products offered by Carethy or Other Vendors, Users must complete a form with their identification data, expressly agreeing to these General Conditions and to the Privacy and Cookie Policy.

Placing an order for Products on the eMarketplace implies the Customer’s full and complete acceptance of these General Conditions of Contract, and the Customer acknowledges knowledge of such as a purchaser before placing the order.

Where the User has any doubts regarding these General Conditions, he or she may contact Carethy using the Identification Data indicated in these General Conditions.

3.2.- Carethy reserves the right to freely amend this information to adapt it to current and applicable law at any time, without the need for prior notice and simply by publishing it for it to become applicable. It is therefore recommended that the User and/or Customer consult them whenever he or she is performing a transaction via the corresponding Website.

Under no circumstances shall the amendment of the contents of the General Conditions have retroactive effects and, therefore, the User and the Customer shall remain subject to the General Conditions in force on the Website at the time of use of and access to and contracting of the Products.

The legal relationship arising from access to and use of the Website shall be of an indefinite duration. Notwithstanding the above, either party may end the contractual relationship whenever required. Should Carethy amend the General Conditions, said legal relationship shall be terminated and the Customer or User must adhere to the new general conditions, where applicable.

3.3.- The contract between the Customer and the Vendor may be executed in any of the languages in which the General Conditions of the Website is available, as determined by the Customer.


4.-OPERATING OF THE CARETHY MARKETPLACE

4.1.- The Carethy Marketplace enables the Customer to consult and purchase products marketed by Carethy or Other Vendors on the Carethy Website.

The operations performed via the eMarketplace shall be held directly between the Customer and the Vendor in question, in compliance with the precepts and other legal requirements in force at any given time.

Carethy is, under no circumstances, acting as an agent, distributor, representative or similar of the Other Vendors, nor does it hold the position of reseller of the Products proposed by the Other Vendors via the eMarketplace.

 The products advertised and sold on the Carethy Marketplace are the exclusive responsibility of the corresponding Vendor, especially with regard to their ownership, quality, origins, warranty, and compliance with applicable law.

4.2.- Territory

Products marketed by Carethy can be purchased via the eMarketplace from 139 countries worldwide. Each country forms part of a group of countries: Spain, Main EU, ROE, USA and ROW. Check the following link to see the group to which the country from which the Customer places the order belongs.

The Products of Other Vendors may only be purchased by Customers who are located in the Eurozone.

As a result, the references to the Territory in these General Conditions must be understood by differentiating between the Products sold by Carethy (in which case, the territory is more extensive, as defined in the first paragraph of this section) and the Products old by Other Vendors, in which case the territory is smaller, as indicated in the second paragraph of this section).


5.-CUSTOMER

The Carethy Marketplace is for use solely by individuals over the age of 18 or of legal age according to the applicable law, and who reside in the Territory (as defined below).

Business or professional customers operating in the Territory may also make purchases on the Carethy Marketplace under the specific conditions of Carethy for B2B transactions, which can be consulted here. In their absence, these General Conditions shall apply.


6.-OBLIGATIONS OF THE VENDOR AND OF THE CUSTOMER/USER

6.1.- The Customer may purchase Products sold by Carethy or by Other Vendors via the eMarketplace, and in each case the Customer enters into a direct contract with the Vendor identified in each Product.

Consequently, Carethy disclaims any liability arising from the transactions held between the Customer and the Other Vendors.

6.2.- Each Vendor undertakes to provide the Customer and/or User with all necessary information regarding the Products offered via the eMarketplace, as well as that on the orders completed. Carethy is no responsible for any temporary failure to comply with these General Conditions in the event of force majeure or in the event of a fault by the Customer or by Another Vendor, or an unforeseeable event by a person not involved in the contract.

6.3.- The Customer and/or User undertakes to truthfully complete the order forms and any other form, in line with the instructions given. The Customer also undertakes to pay the price of the Product, with the corresponding taxes and delivery costs, in line with the final offer received from the Vendor.

6.4.- We recommend you save a copy of the data regarding the Products purchased. Carethy is not responsible for any consequences or damages arising from the loss of the data given by the Customer.

6.5.- Carethy is not responsible for the consequences and damages arising from the inappropriate use of the Products sold via the eMarketplace.

7.-INFORMATION ON THE PRODUCTS

7.1.- All the products marketed on the Carethy Marketplace are new (except products from the sports category that are expressly indicated as being reconditioned).

7.2.- Carethy offers a detailed description of the Products included in the eMarketplace in accordance with the technical descriptions from its suppliers and Other Sellers. Likewise, it includes information related to the commercial name, trademarks or distinctive signs of the Products to provide the maximum possible information to the Client and/or User. Said description may include photographs, videos or illustrations that are merely indicative but in no case exhaustive.

7.3.- The offers published on the eMarketplace include a detailed description of their conditions (such as the applicable price or the information regarding the Product offered).

7.4.- Read the Product descriptions carefully before deciding whether to purchase them. Should you have any doubts regarding a Carethy Product, please contact us before making the purchase. In the case of Products from Other Vendors you may contact them via the resources each one has provided for this purpose.

8.-PLACE AN ORDER

8.1.- To place an order, the Customer must be over the age of 18 and reside in the Territory.

8.2.-The User may register on the Website in the ‘Create Account’ section. To do so, he or she must enter the personal data requested as obligatory. This registration shall provide the User with access to the website and to the purchase of products.

8.3.- Placing the order consists of selecting one or several items and clicking on the 'Add to my cart' button to include them in 'My cart' for on-line shopping. Once all the items required have been added to the cart, enter the cart, check the items and the number of units, select the type of transport required, and click on 'Process Purchase'. The User may then choose between 'Purchase as a Guest' (if he or she has not previously registered on the Website) where he or she must fill in his or her personal data, the delivery data, and the data corresponding to the method of payment, or the User may click on 'Go to my account' where he or she does not have to fill in his or her personal data again. In both cases, the contractual process is completed by clicking on the 'Purchase Now'

8.4.- All orders are subject to acceptance by each Vendor. Within 24 hours after placing the order, the Customer shall receive an e-mail confirming that the contract has been executed (hereinafter known as the 'Order Confirmation'), provided the Customer has provided us with his or her e-mail address on the personal data form. Carethy is not responsible for any errors in or for the non-operability of the e-mail address provided by the Customer and/or User to which the Order Confirmation is to be sent.


9.-AVAILABILITY (ONLY APPLICABLE TO CARETHY PRODUCTS)

Orders placed with Carethy are subject to Product availability by Carethy suppliers.

Where the Product is not in stock, is damaged, or is not of the foreseen quality, among others, the Customer shall be informed of such and a proposal for alternative products/new delivery dates shall be made. Should the Customer fail to accept the proposal, the total sum of the order shall be reimbursed via the same method of payment used, within a maximum of 14 days as of the date on which notification is recorded.

The refunding of these amounts shall be the limit of liability of Carethy vis-à-vis the Customer, where the Products requested cannot be supplied.


10.-CANCELLATION OR MODIFICATION OF ORDERS

10.1.- During the purchasing process, the Customer may add or remove products from the shopping cart until the process is complete.

10.2.- Cancellation, order increase, or removal of items. Once the purchase has been made, the cancellation, order increase, and removal of items must be arranged directly with Carethy or with the corresponding Other Vendor. In the case of Carethy, orders may only be cancelled, and items added to or removed from an order if it has not yet been sent and where this is logistically possible. Where products are added, the Customer shall pay the corresponding amount of the modification. In the event of cancellation or of the removal of items, the refund to the Customer shall be made via the same method of payment used. In the case of products sold by Other Vendors, the Customer must contact them through his or her user-order-contact zone to arrange the required modification. If the request for cancellation is rejected because it is logistically impossible to do so, the Customer may make use of his or her right to return goods set forth in Condition 16. Furthermore, the Customer may declare his or her disagreement or use the warranties as indicated below in this document.

10.3.- Once the order has been placed, the details of the purchase (such as the delivery method, the delivery address, or the reception contacts) may only be modified by contacting the corresponding Vendor directly through the user-my orders-contact zone. More specifically in the case of Carethy, any modification to the delivery address shall only be accepted if this is logically possible and the order has not yet left the warehouse.

10.4.- Any modifications to the order may lead to a change in the total amount, resulting in an increase in delivery costs if the minimum amount stipulated is not reached, or the removal of said expenses if the total amount is equal to or above the minimum amount indicated on the Website.

In all cases, the Customer shall discuss all these matters with the corresponding Vendor, and Carethy shall take no further responsibility than that applicable to it as a Vendor, in this case the corresponding Other Vendor being responsible.


11.- PRICES

11.1.- The prices of the Products indicated in the eMarketplace are defined by each Seller in the currency corresponding to each country of the Territory, and include VAT or other applicable taxes in accordance with the legislation in force at the time of contracting in the country. destination, but not the shipping costs. Countries outside the EU are exempt from VAT, in addition to Ceuta, the Canary Islands and Melilla. The price of the products varies dynamically in order to follow the evolution of the market and thus be able to publish the best offers in the Carethy Marketplace. At the moment in which the purchase is generated, the customer assumes the price of the Product, therefore the possible price variations are not refundable.

11.2.- Delivery costs are defined by each Vendor and are generally payable by the Customer, except where a Vendor decides to pay for them or offer free shipping above a minimum purchase.

Delivery costs are defined during the contractual process and are given in detail separately to the price of the Product. If, once they are precisely known, the User decides not to make the purchase, he or she may do so at no cost whatsoever. The cancellation shall be governed by Section 10.2. of these Conditions.

The sum of the delivery costs and the price of the Product shall be the total price payable shown to the Customer before the contract is formalised.

11.3.- During the contractual process, the Customer shall agree to the total price by clicking on the 'Purchase Now’ button.

11.4.- We reserve the right to charge for the order as of Order Confirmation.

12.-PAYMENT FOR THE PRODUCTS

12.1.- Payment for the Products purchased via the Carethy Marketplace shall be made via a secure on-line payment gateway that Carethy has contracted with Stripe Payments Europe, Ltd, an Irish company, so that the information provided by the Customer at the time of payment shall be processed by this company and, therefore, Carethy shall not have access to nor shall it save any of this data.

 - Payment by credit/debit card:

Should he or she wish to pay by card, the Customer’s order shall not be processed until payment has been authorised by his or her bank or savings institution. On-line payment by credit card shall be made via the "Secure Socket Layer" security system, which encodes your banking details when they are transmitted via internet. For security reasons, Carethy verifies all orders paid for by bank card. We accept American Express, Maestro and any Visa and Mastercard registered in the Verified by Visa secure payment system. Furthermore, for any orders totalling an amount above a sum set by Carethy, the Customer shall be asked for an identity document that must be sent to us via the e-mail address indicated in our contact details.

12.2.- Only where the vendor is Carethy may the Customer use the following additional methods of payment:

• Payment via bank transfer:

The Customer must make the transfer to the account specifically indicated. On completing the order, the Customer shall receive an automatic e-mail containing the details of the bank account to which payment is to be made. The reference indicated on completing the order must be indicated in the transfer details. Where this reference is not indicated, the order shall be cancelled and the money refunded with a maximum of 14 calendar days. This method of payment has an additional cost of €2.95 (foreign currency according to exchange rate).

• Payment via PayPal:

PayPal enables you to pay directly without communicating your financial details over the internet. It automatically encrypts any confidential data using the best technologies available in the market. This method of payment has an additional cost of €2.50 (foreign currency according to exchange rate).

• Points:

Points are a balance issued by Carethy that the User shall receive as a promotion after different possible activities, and that may only be used on the Website. They may be used for one or several purchases until their total sum has been used in full. Where they do not account for the total amount of the order, payment may be completed with another method of payment of those indicated above. In the event of returns of Products purchased using points, the total amount shall be reimbursed by increasing these available points in your customer account on the Website. Points are personal and non-transferable and may not be exchanged for cash.

12.3.- The Customer may request an invoice for the order placed by contacting the Vendor, indicating the billing details. The Customer authorises the Vendors to issue an electronic format invoice and send it via e-mail. The Customer is entitled to withdraw his or her consent to issue an electronic format invoice by contacting Carethy Customer Service or the corresponding Vendor via his or her user zone.


13.- PRODUCT DELIVERY

13.1.- The Vendor shall deliver the Products to the Customer at the delivery address indicated on the personal data form provided by the Customer, which must be within the limits of the Territory.

13.2.- The estimated delivery date shall be indicated in the specifications for each Product on the website. This is an illustrative date, as it may vary depending on the availability of the Product and of the transport service selected. This date may also change in the event of incidents with the stock of products or with the transport service. In any case, a solution shall be sought for the Customer.

13.3.- Where the delivery term is indicated in days, these must be considered working days, excluding Saturdays and Sundays, as well as bank holidays. If, for any reason attributable to the Vendor, this term is exceeded, the Customer shall be informed of the incident and alternative solutions proposed.

13.4.- The delivery costs are indicated at the time the order is placed or, in the case of Products sold by Carethy once any discounts (points-vouchers-campaigns and promotions) have been applied. The transport service may not be altered once payment has been made.

13.5.- The Client agrees that he or another designated person is at the indicated address to receive the package. In case of not being there the first time, the carrier will leave the package at the collection point closest to the absent address. In the order tracking link you can check the location of the office. If the order still cannot be delivered, it will be returned to the Seller, with the consequent return to the Customer of the payment made less the cost of returning the Products, which will be borne by the Customer, as well as a second shipment if this occurs. .

13.6.- In any case, delivery will be made in the Plaza maximum between 30-45 days from the purchase, except for exceptions expressly informed at the time of purchase.

13.7.- The risk of products shall be transferred at the time the Customer takes material possession of the Product.

In case of serious damage to the package (open, damaged...), it is advisable to reject the merchandise at the same time to the transport/courier agency. If for any reason it has not been possible to reject the merchandise, you have 24 HOURS to make a claim and indicate the damage observed through the communication channels provided by the company.

To report the poor condition of the Product, the Customer will be asked for photographs of the material received, such as the box, the transport label and the Product in question, as received through the form on the Website [https: //www.carethy.es/contact]

13.8.- The Customer shall take ownership of the Products when Carethy receives full payment for the order placed.

13.9.- Where customs costs are incurred, as stipulated by the Customer’s country of destination, these shall be payable by the Customer who agrees to being charged for them at the time of purchase. In all countries in South America, Carethy is not responsible for any additional duty incurred at customs or the activities of the customs office in the country, according to current tax law. As a result, where these activities mean that the goods are withheld and/or there is a delay in their delivery, the Customer waives the right to request any reimbursement of the order from Carethy.

13.10.- Collection at the Vendor’s facilities (for Products sold by Carethy only).

Carethy provides Customers living near our logistics facilities with the possibility of collecting their order at no extra cost (€0 delivery costs). To collect his or her package in the store, the Customer must go to Calle Monturiol 28, 08210, Barberá del Vallés (Barcelona), Monday to Friday from 8 a.m. to 4 p.m. with a valid identity document and the Order number indicated in the order confirmation e-mail.


14.-NON-CONFORMITY AT THE TIME OF RECEPTION

14.1.- The Customer must sign the delivery note when the package is delivered. This document is proof of delivery for the Vendor and the receipt for the Customer. No dispute related to delivery is possible if this document is not completed and signed.

14.2.- In the event of orders not reaching the Customer, or those that arrive damaged, or in the event of disagreement with the information provided by the corresponding Vendor at the time of purchase, the Customer is entitled to make a claim directly with said Vendor.

Carethy shall only intermediate in situations of non-conformity between the Customer and Other Vendor where the Customer contacts Carethy directly and up to a term of 30 (thirty) days after the time of purchase. Once this term has expired, Carethy shall not intervene and the situation must be managed directly and independently by the Customer with the Vendor from which the purchase was made.

The involvement of Carethy in the dispute between the Customer and the Other Vendor would be in its capacity as an intermediary in an attempt to mediate and obtain a satisfactory solution for both, and under no circumstances shall it assume the responsibility of the Other Vendor or its consequences, and with the goal of ensuring the satisfaction of the parties and compliance with Applicable Law.

14.3.- Carethy only takes part in the shipping and delivery process for the Products it markets and is responsible as a Vendor for responding for the status of its Products within the scope set forth in these General Conditions but assumes no responsibility for the status of orders placed with Other Vendors.

However, Carethy reserves the right to fully or partially reimburse that claimed by the Customer where the Other Vendor refuses to do so and Carethy believes said reimbursement to be appropriate, for whatever reason and at its sole discretion. Said reimbursement by Carethy shall under no circumstances be enforceable by the Other Vendor or by the Customer, as it is a power and not an obligation that shall in no case mean that Carethy assumes any type of responsibility.

 
15.-PRODUCT WARRANTIES. NON-COMPLIANCES

15.1.- Product for a new one or to make the corresponding refund where any of its Products are seen to have a manufacturing defect within two (2) years as of delivery of the product, although the defect test must be performed as set forth in Section 15.5. In this case, all expenses involved in returning the Product and sending the new Product or the repaired Product shall be payable by the corresponding Vendor. Reconditioned Products shall have a warranty of twelve (12) months and, because they are unique, they shall not be replaced with others but instead their total price shall be reimbursed if they are returned.

15.2.- In the absence of proof to the contrary, the delivery shall be deemed made on the date indicated on the invoice or on the delivery note, if these is a later date.

15.3.- For the warranty to become effective, the receipt of purchase must be provided within the term established by law.

15.4.- The Vendor shall respond within the term of two years for any non-compliances. The Consumer must inform the Vendor from which the Product was purchased of any non-compliance within the term of 2 months as of the time he or she becomes aware of such, using the contact details indicated in each case. Where these details are not available, or where the Product was purchased from Carethy, the Customer may inform of the non-compliance via e-mail or via the telephone number provided in the Identification Data section of these General Conditions.

15.5.- Except where proven otherwise, non-compliances shall be considered to arise within the six months following delivery of the Product, as they existed when the good was delivered, except where this is incompatible with the nature of the Product or the type of non-compliance. As of the sixth month, the same procedure shall be used although it shall not be considered that the product has any kind of defect, which must be proven by the User and/or Customer.

15.6.- There is compliance between the Products and the contract and, therefore, the Vendor shall not be responsible for non-compliances when the Products included on the Website:

1.  Adapt to the description given by the Vendor and have the Product qualities that the Vendor has indicated.
2. Are suitable for the normal uses made of Products of the same type.
3. Are suitable for any special use required by the consumer and user when the Vendor is informed of such at the time the contract is executed.
4. They have the usual quality and features of a Product of the same time that the consumer and user may have grounds to expect, given the nature of the Product.
5. The Products shall meet the requirements of the law in force, whatever their destination. On all accounts, the Customer is responsible for checking that the Products are within the applicable limits for import and use of the Products purchased in the country where they are used.

15.7.- The Vendor shall not be responsible for any non-compliances that the Customer is aware of or is unable to ignore at the time the contract is executed (that is, at the time of purchase).

15.8.- The Customer may demand the repair of the Product, its replacement, a reduction in price, or termination of the contract if the Product is not compliant with the purchase. Repair and replacement shall be free of charge to the Customer, which includes any delivery costs and those relating to labour and materials. Where the Customer exercises his or her right to repair or replacement, the corresponding Vendor shall provide a receipt with the delivery date and the non-compliance leading to the exercising of this right. The Product shall be reimbursed or replaced as soon as possible and, in all cases, within the 14 days following the date on which the Vendor contacts the Customer to confirm that the non-compliant Product shall be reimbursed or replaced.

15.9.- The reduction in price shall be proportional to the difference between the value of the Product at the time of delivery. The Customer may not demand a replacement in the case of consumable Products.

15.10.- The warranty does not include any damage caused due to negligence, blows, undue use or handling, unsuitable voltage, electrical accidents, installation and/or use not compliant with the instructions for use or not performed by the authorised technical service where applicable, or perishable materials or Products, subject to wear due to their normal or consumable use. Furthermore, the Vendor shall not be responsible for any non-compliances that the Customer is aware of or is unable to ignore at the time the contract is executed.

15.11.- The following are excluded from the warranty:

1. Any Products modified or repaired by the Customer or by anyone other than the supplier or manufacturer.
2. Where the warranty details of the Product or the receipt of purchase have been modified or altered.
3. Goods that might quickly wear or expire.
4. Any other good for which the Customer does not have a receipt of purchase.

The warranty on reconditioned products is subject to the provisions of Section One of this Condition 15.

The Customer shall deal with all these matters with the corresponding Vendor and, therefore, Carethy shall remain free of any responsibility, except in the case of a Product sold by Carethy.


16.-PRODUCT RETURNS AND EXCHANGES. RIGHT TO RETURN GOODS

16.1.- Incorrect product: Where the product delivered is not the same as the one requested in the order, the Vendor must be informed immediately using the contact section of your customer zone, and the Vendor shall process your incident as soon as possible.

16.2.- By way of current law, the Customer is entitled to freely terminate the contract with the Vendors without any need for justification within a period of 14 (fourteen) days as of the date of receipt of the Product, except where it is not possible to return the product as set forth in the last section of this General Condition.

The date of receipt of the Product shall be considered the date on which the Customer or the third party indicated by the Customer, other than the carrier, took material possession of the Product, or where the Customer’s order is made up of several Products delivered separately, the date on which the Customer or a third party indicated by the Customer, other than the carrier, took material possession of the last of these Products.

To fulfil the return period, the notification regarding the exercising of this right must be sent before the corresponding period ends.

16.3.- The Customer is responsible for returning the Products and must coordinate the return of the Products directly with the corresponding Vendor.

Except where Vendors expressly agree to pay for the cost of the return, the Customer must pay directly for the cost of returning the goods (except where the delivery cost paid on purchasing the Product is reimbursed) and only the Customer shall be responsible for a drop in value of the goods resulting from handling different to that required to establish the nature, specifications, and working order of the goods.

Except where Vendors offer to collect the goods themselves, the Customer must return the Products to the Vendors within 14 (fourteen) days as of the date on which he or she has informed of his or her decision to return the goods.

The amount paid for the returned Products shall be reimbursed by the Vendor within a maximum of 14 (fourteen) days as of the date on which receipt and conformity of the orders returned by the Customer is confirmed or the Customer provides the Vendor with the documents proving the return of the goods.

16.4.- In the case of a Product purchased from Carethy, the Customer may exercise the right of withdrawal by notifying Carethy E-Commerce S.L. to the address Calle Monturiol 28, 08210, Barberá del Vallés (Barcelona), by phone 851 000 530, communicating their decision to withdraw from the contract through an unequivocal statement. Said unequivocal statement may be made by accessing the 'Contact' section of the Website or through an e-mail to: [email protected]. If you resort to that option, we will notify you without delay in a durable medium (for example, by email) the receipt of said withdrawal.The guidelines below must be followed to return Products correctly.

a) Contact the customer service department using the contact form on the Website https://www.carethy.es/contactar or by sending an e-mail to: [email protected].

You can also contact us at the telephone number or whatsapp indicated on the Website.

b) With the return document provided by the customer service department duly printed out and completed, make the appropriate return including this document in the package to be returned to our facilities at Calle Monturiol 28, 08210, Barberá del Vallés (Barcelona).

c) Products must be returned on their original box/packaging. Where this is not possible, use a box of the same quality so that the carrier does not attach labels to the product itself.

d) Products may not have been used in a manner that affects or damages their value.

e) On arrival at our warehouse, the condition of the Products will be ascertained. If they are not compliant with the regulations and conditions indicated for returns and their condition is not as it should be, we reserve the right to pay a lower amount for the damaged Product or Products.

Carethy shall make a refund to the Customer for all payments received for it, including delivery costs (except any additional costs arising when the Customer chooses a different delivery method to the less expensive ordinary delivery method offered], without any undue delay and, in all cases, within 14 calendar days after the Customer has informed of his or her decision to return the purchase. The reimbursement shall be made using the same method of payment as that used by the Customer for the initial transaction. He or she shall incur no expenses as a result of the return. Notwithstanding the above, Carethy reserves the right to withhold reimbursement until the goods have been received.

16.5.- In the case of Products purchased from Other Vendors, the Customer must contact them directly to exercise his or her right to return goods, using his or her user-orders-contact zone.

16.6.- Products excluded from the right to return goods. Food, beverages, cleaning, and personal hygiene Products are excluded from the right to return goods. Also excluded are:

1. Customised goods.
2. Goods that might quickly wear or expire.
3. Sealed goods not suitable for return due to reasons of health or hygiene, and that have been unsealed after delivery.

16.7.- Any claim made after the 14 days following the delivery date shall not be processed, except for that set forth in Condition 15 above (PRODUCT WARRANTY. NON-COMPLIANCES).

17.- COMMENTS

All opinions given by Customers are controlled by the Carethy marketing team. Where the opinions received are or might be in breach of the law, ethics, or morals (abusive publicity, slander, insults, comments out of context, etc.), Carethy reserves the right to reject or delete them.


18.-PERSONAL DATA PROTECTION

Carethy shall be the Controller of the personal data that Users and Customer (hereinafter known jointly and indistinctly as “Consumers”) provide via the eMarketplace, within the scope defined in these General Conditions of Contract and the Privacy Policy.

The personal data of Customers of the eMarketplace shall be processed in accordance with the principles of transparency, restricted purpose, minimisation of data, precision, integrity, and confidentiality, and respecting all other obligations and guarantees set forth in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons, and based on the following:

a. Who is the controller?

CARETHY E-COMMERCE, S.L., with tax identification number B-67.129.486, and registered offices at Calle Monturiol 28, 08210, Barberá del Vallés (Barcelona). The contact telephone number is 851 000 530, and the e-mail address [email protected]

b. Why do we process your personal data?

We process the information you provide to be able to offer the service requested and to bill it, to provide customer service, and to send you communications regarding the products purchased or similar products.

c. What is the applicability of your data and which data categories do we process?

The personal data we process includes your identification details that you provided on the registration form on the Website where the eMarketplace is located.

d. For how long do we keep your data?

The data provided will be kept for as long as the contractual relationship exists or for the years required to comply with all legal obligations.

e. What is the lawful basis justifying the processing of your data?

The lawful basis enabling us to process your personal data depends on the purpose for which we process it, as follows: the execution of the contract, because we believe we have a legitimate interest to comply with a legal obligation and because we have your consent.

f. Do we share your data with third parties?

The data you provide shall not be transferred to third parties except where there is a legal obligation to do so. However, in order to perform certain duties required to provide the service, your data might be processed by third parties acting as processors and which are contractually bound to fulfil their legal obligations as a processor, and to maintain the confidentiality and secrecy of the information.

Along these lines, Consumers are hereby informed that Carethy has signed a processor agreement with each of the Other Vendors and, therefore, Carethy, as the Controller of Consumer data, agrees with the Other Vendors as to the conditions under which they must act as Processors, in strict compliance with Spanish Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights, and any consistent regulations.

Under said processor agreement, where the User or Customer purchases Products from Other Vendors, the latter shall have access to the personal data of the Consumers and of the transactions completed through the eMarketplace to the extent strictly necessary to comply with the purchase agreement with the Consumer, in accordance with the aforementioned processor agreement, and according to the notifications regarding privacy and personal data to which Vendors and Consumer agree during their contractual process with the eMarketplace and with Carethy. Under no circumstances does the collaboration between Carethy and the Other Vendors hinder the rights legally guaranteed to Consumers with regard to this matter.

Furthermore, to offer the services contracted, the payment management and transport companies with which Carethy and the Other Vendors have signed a partnership agreement and the corresponding processor agreement shall be given access to your data, and you shall be informed of their identity during the purchasing process.

g. International data transfers:

Please be advised that some of the service providers mentioned in the above paragraphs as processors might be located outside the European Economic Area ('EEA'). However, an adequate level of protection of personal data is guaranteedh

h. Rights: you hold the following rights regarding your personal data:

• Right to request access to your personal data.
• Right to request its rectification.
• Right to request its erasure.
• Right to request its restricted processing.
• Right to request objection to its processing.
• Right to the portability of your data
• Withdrawal of the consent given.
• Right not to be subject to individual decision-making.

To exercise these rights, you must write to us via e-mail at the following address [email protected].

Furthermore, please be advised that you can request the protection of your rights with the Spanish Data Protection Agency with registered offices at Calle de Jorge Juan, 6, 28001 Madrid.

 *Click here to see our Privacy Policy.


19.-INTELLECTUAL AND INDUSTRIAL PROPERTY

19.1.- “Carethy” and “Biuky” are trademarks registered by the European Union Intellectual Property Office and, therefore, any use thereof or of any similar identifying sign by third parties that might lead to confusion as to their origin or ownership, without express prior authorisation, is forbidden

19.2.- The Websites carethy.es and www.biuky.es are domains registered by Carethy. Furthermore, the Intellectual Property Rights regarding the software and the Website contents belong to Carethy or to those granting its licences.

19.3.- As a result, the total or partial reproduction of the Website is expressly forbidden. Also forbidden is the publishing, manipulating or distributing of the Website contents without express authorisation by Carethy or by the legitimate owner, where applicable.

20.-APPLICABLE LAW AND PLACE OF JURISDICTION 

20.1.- These General Conditions and any other matter regarding their interpreting, compliance, or non-compliance are governed by Spanish law, notwithstanding the application of Community regulations and international treaties, where appropriate.

20.2.- The contracts signed between the Vendor in question and the Users and/or Customers shall be deemed executed in the location where the User and/or Customer has his or her usual place of residence and, therefore, the Courts of that location shall have the authority to settle any dispute between the parties, notwithstanding the application of Community regulations and international treaties, where appropriate

20.3.- Furthermore, consumers may use the on-line dispute resolution platform via the link https://webgate.ec.europa.eu/odr


21.-PROMOTIONS AND VOUCHERS FOR PRODUCTS SOLD BY CARETHY (NOT APPLICABLE ON PRODUCTS FROM OTHER VENDORS OF THE eMARKETPLACE)

21.1.- All promotions and vouchers by Carethy shall expire after one month, except where the promotion specifies otherwise.

21.2.- Promotions involving discount vouchers shall be applied solely and exclusively on the value of the Product and never on the delivery costs.

21.3.- Promotions involving discount vouchers shall include a minimum amount to be used that, if not specified, shall amount to €60 for all promotions.

21.4.-Carethy reserves the right to render a promotion null and void for any individuals misusing it, or who have acquired numerous units of the promotion by using different identities.

21.5.- Only one discount voucher may be used per purchase. Vouchers cannot be used in conjunction with other promotions, such as offers, discount prices, or other promotional campaigns.

21.6.- Vouchers cannot be added, deleted, or modified once the order has been charged.

21.7.- Points are accumulated in those purchases in which discount coupons or the points themselves have not been used. A balance is accumulated in the Customer's account that can be redeemed when a new order is placed. Points can be redeemed before paying for the order. The points expire two months after the last activity, considering the last activity as the addition of more points to the accumulated points or the consumption of part of them. In no case can an order be placed for an amount of €0 or less using points.21.8.- Coupons may only be applied to products sold and supplied by Carethy.


22.-AFTER-SALES SERVICES AND COMPLAINTS

22.1.- Each Vendor shall be responsible for communicating with its Customers, and for offering the customer service required by law at any given time.

22.2.- Should you wish to speak with the Carethy After-Sales and Customer Service department, you can send us a message using the Contact Form, in the “Contact” option of “my orders” in the user zone of the Website.

Also, through our contact details of these General Conditions you can file your complaints and claims.
To file any complaint or claim with eMarketplace Carethy, the customer must go to the customer service department through the Contact Form, in the option of the Website "Contact" in "my orders" in the user area.

According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is located available at the following link: http://ec.europa.eu/consumers/odr/.


23.-SCHEDULED ORDERS - AUTOSHIP (FOR PRODUCTS SOLD BY CARETHY ONLY)

23.1.- At Carethy, you can now place scheduled orders, which means that you place the order once and will receive it in line with the requested frequency. Furthermore, you will also be offered the best active promotion on the website, so it is not necessary to enter vouchers. The price of the products varies dynamically in order to follow the market evolution and publish the best offers on our website. When the purchase is generated, the customer agrees to the price of the product and, therefore, any price variations cannot be reimbursed.

23.2.- To use this service, simply ask for an order to be served as frequently as you require during the on-line purchasing process, within the margins we offer.

23.3.- Change in order contents: You can change or replace the contents of the cart for your scheduled order without incurring any type of penalty, provided there are at least 7 days between notification of the change and the planned reception date for the products.

23.4.- Remember that the delivery costs for your scheduled order might vary depending on the changes made to your shopping cart.

23.5.- Cancellation of scheduled orders: You can cancel your deliveries without incurring any type of penalty if you indicate as such at least six days prior to the date on which you were to receive your order. Seven days prior to the date on which your scheduled order is to be sent, we shall send you a reminder with the option to cancel your order.

A scheduled order must be cancelled from the Scheduled Orders menu of the user account. The customer is solely responsible for cancelling or modifying his or her orders in time. You can contact the customer service department at any time to request or receive assistance with these processes.

23.6.- You can also pause the scheduled orders so that you do not receive it on one occasion. This will mean that you will not be charged the amount of that order, but the process will continue with the following order.

23.7.- At present, you may only schedule orders for products sold by Carethy, and this service may not be contracted for products from Other Vendors of the eMarketplace.

24.-YOGA WARRANTY (FOR PRODUCTS SOLD BY CARETHY ONLY)

24.1.- When the purchase is made for a product marketed by Carethy, there is the option of adding the Yoga Warranty to the order.

The Yoga Warranty. This service offers the following benefits:

• 30-day return: The order return period for the Customer is extended from 14 days to 30 days. In the event of a return exercising his or her right to return goods, the Customer shall pay for any costs involve in the return.
• Delivery insurance: With this service the order will be insured. If the order arrives in poor condition, an immediate full refund will be made. To report the poor condition of the Product, the Client will send images of the same as it has arrived through the form on the Website [https://www.carethy.es/contactar] (photographs of the material received will be requested, such as the box, the transport label and the Product in question).
• Priority customer service: The enquiries will be the first to be answered, with an initial response being guaranteed within a maximum of 2 working hours (Monday to Friday, 8 a.m. to 8 p.m. GMT+1).
• Order notification and tracking: The Customer will be informed at all times of the location of the order and will receive e-mails when it leaves the warehouse and information on the delivery process. The Yoga Warranty has no impact on the customs clearance process (see Point 13 for more information on the customs office).

24.2.- Right to withdraw from the Yoga Warranty: The Customer is entitled to cancel the Yoga Warranty provided the order has not left the warehouse or one of the aforementioned benefits has not been used.

24.3.- At present, the Yoga Warranty can only be contracted for products sold by Carethy, and it may not apply to products from Other Vendors of the eMarketplace.

Barcelona, October 1, 2022.