PRE-CONTRACTUAL INFORMATION
Below, for your review and understanding, the General Terms and Conditions of Contract (hereinafter, the “General Terms”) are set out. These shall apply to all commercial transactions for the remote purchase and sale of items and/or products carried out electronically through the website https://ortoprime.com (hereinafter, the Website), from the moment the WEBSITE OWNER sends the General Terms to the CUSTOMER within the order confirmation document and at no time prior to this.
These General Terms shall remain in force and valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.
The WEBSITE OWNER reserves the right to amend, in whole or in part and at any time, both the General Terms and any legal notices, guidelines and/or rules of use contained on the Website, which, where applicable, shall replace, supplement and/or amend the General Terms set out herein, without affecting items and/or products purchased prior to such amendment.
Amendments and Contractual Conditions - Ortoprime.com
Such amendments may be made through the Website, in any form permitted by law, and shall be binding for as long as they are published on the Website and until they are validly amended by subsequent updates.
The WEBSITE OWNER informs that the CUSTOMER may access the General Terms by clicking on the link “General Terms and Conditions”. We recommend that the CUSTOMER periodically review the General Terms, as they may be subject to changes. The current version may be consulted at https://ortoprime/condizioni-generali-contratacion.
However, the WEBSITE OWNER reserves the right to apply, in certain cases, Specific Conditions which shall prevail over these General Terms, duly communicated in a timely and appropriate manner.
In the event of any conflict between the terms set out in these General Terms and the Specific Conditions, the latter shall always prevail with respect to the incompatible terms, and solely for the items and/or products subject to such specific conditions.
Acceptance of this contractual document implies that the CUSTOMER:
- Has read, understood and accepted the content set out herein.
- Is an individual or represents a legal entity with sufficient legal capacity to enter into a contract.
- Accepts all the conditions and obligations set out herein.
1. PARTIES AND IDENTIFICATION
On the one hand,
The WEBSITE OWNER is Ortoprime, S.L., VAT No.: B10502813, with registered office at Carretera Ciudad Rodrigo, 0 S N, 10840 Moraleja, Cáceres (Spain), email address: support@ortoprime.com
And on the other hand,
The CUSTOMER, registered on the Website with a username and password, or, where applicable, as a guest user without the need for registration, who assumes full responsibility for the use and safekeeping thereof and for the accuracy of the personal data provided to the WEBSITE OWNER.
Only the individual or legal entity that duly proves its status and accepts these General Terms and any applicable Specific Conditions, together with the Legal Notice, Privacy Policy and Cookie Policy, shall be considered a CUSTOMER. These govern our commercial relationship from the moment the WEBSITE OWNER sends the General Terms within the order confirmation document and at no time prior to this.
If you do not agree with any part of the terms, you will not be able to purchase any of the items and/or products offered on the Website.
In the case of individuals, the purchase of items and/or products by minors or by legal entities that do not meet the requirements set out in these General Terms is expressly prohibited.
Orders placed on the Website by a minor who falsifies information shall be deemed to have been placed under the supervision and authorisation of their parents, guardians or legal representatives.
2. OBJECT OF THE CONTRACT
These General Terms shall govern the commercial relationship established between the WEBSITE OWNER and the CUSTOMER for the purchase of items and/or products carried out through the Website.
In accordance with the above, the CUSTOMER shall be bound by the General Terms only from the moment they receive from the WEBSITE OWNER all the purchase conditions within the order confirmation document.
The contract entails the delivery, subject to payment of the price specified and publicly displayed on the Website, of a specific item and/or product.
These Terms and any document expressly referred to herein constitute the entire agreement between the CUSTOMER and the WEBSITE OWNER in relation to the subject matter of the sale and replace any prior agreement, contract or promise previously agreed verbally or in writing between the same parties.
The CUSTOMER and the WEBSITE OWNER acknowledge that they have consented to enter into a contract without relying on any statements or promises made by the other party, except as expressly set out in these Terms.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free of charge, except for the cost of connection through the telecommunications network provided by the access provider chosen by the user.
Access to most of the content on the Website is completely free and does not require prior registration, without prejudice to the fact that the WEBSITE OWNER may make the use of certain services subject to the prior completion of the corresponding form, which may involve the payment of sums of money.
Access to the Website by persons under the age of 18 is prohibited. However, in the event that a minor accesses the Website, such access shall be presumed to have been carried out with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to the WEBSITE OWNER’s right to carry out any checks or verifications deemed appropriate.
Under no circumstances shall the WEBSITE OWNER be responsible for the accuracy of the data provided by the user. Consequently, the user shall be solely responsible for the adequacy, accuracy and correctness of the information provided to the WEBSITE OWNER, or otherwise for any consequences arising from the lack of quality of the data or from false or inaccurate statements.
3.1. Requirements to obtain registered user status
In order to purchase the items and/or products made available by the WEBSITE OWNER, the user must register in advance by providing, through the forms provided for this purpose, at least the mandatory registration details required.
To register as a user, it is essential to be of legal age and to provide all information required as mandatory through the Website. The registered user accepts that their user account is personal and non-transferable, and that both individuals and legal entities may register on the Website.
Each registered user shall be provided with an access password, which shall be personal, non-transferable and of limited validity. This password must meet minimum length and security requirements. The user may change or recover the password at any time by following the procedure established on the Website. Under no circumstances shall the WEBSITE OWNER have direct access to such password, except for the purpose of providing access to the Website.
Accordingly, the user is obliged to immediately notify the WEBSITE OWNER of any event that allows the improper use of identifiers and/or passwords, such as theft, loss or unauthorised access, in order to proceed with their immediate cancellation. Until such events are notified, the WEBSITE OWNER shall be exempt from any liability arising from the improper use of identifiers or passwords by unauthorised third parties.
3.2. Deregistration as a registered user
The user may request deregistration from the Website at any time by submitting a request through the section “My Account – Deregistration” available on the Website.
In any case, once deregistration has been completed, the user may request a new registration, without prejudice to the WEBSITE OWNER’s right to refuse such registration in the specific cases set out in the clause entitled “Requirements to obtain user status”, or in the event of a dispute or conflict between the parties that is pending resolution or has concluded with a finding of fault or negligence on the part of the user and/or harm to the WEBSITE OWNER, its collaborators, associates, users, customers or potential customers.
3.3. Requirements to obtain guest user status
The purchase of items and/or products offered by the WEBSITE OWNER may also be carried out as a guest user, without the need for registration.
Guest users may be individuals of legal age or duly incorporated legal entities with sufficient legal capacity to contract, who provide all mandatory information required through the Website relating to identification details, delivery address, billing details and the chosen payment method.
4. DESCRIPTION OF ITEMS AND/OR PRODUCTS
In compliance with applicable legislation, and in particular Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the WEBSITE OWNER provides, in each section of the Website and depending on the type of item and/or product concerned, information regarding its characteristics and prices.
The items and/or products offered, as well as any others that may be offered in the future through the Website, shall be delivered in exchange for the corresponding payment by the CUSTOMER and shall grant the CUSTOMER the right to use them, subject to the terms, conditions and provisions of these General Terms and any applicable Specific Conditions.
However, the WEBSITE OWNER reserves the right to withdraw, replace or modify the items and/or products offered through the Website by simply changing their content.
Accordingly, the items and/or products offered on the Website at any given time shall be governed by the General Terms in force in each case. Likewise, the WEBSITE OWNER may cease to offer, without prior notice and at any time, access to the aforementioned items and/or products.
The descriptions established in each case shall govern the supply by the WEBSITE OWNER of the items and/or products offered to the CUSTOMER.
4.1. Availability of items and/or products
The availability of the items and/or products offered by the WEBSITE OWNER through the Website may vary depending on customer demand. Although the WEBSITE OWNER updates stock periodically, the item and/or product requested by the CUSTOMER may be temporarily unavailable.
In the event that the requested item and/or product is unavailable after the order has been placed, the CUSTOMER shall be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to lack of availability shall not entitle the CUSTOMER to cancel the entire order. If, as a result of this cancellation, the CUSTOMER wishes to return the delivered items and/or products, they must follow the procedure set out in the relevant section.
4.2. Prices of items and/or products
The prices applicable to each item and/or product are those indicated on the Website at the time the order is placed, including all applicable taxes. Unless expressly stated otherwise, the prices shown do not include shipping, handling, insurance or any other additional services and extras related to the purchased item and/or product.
The WEBSITE OWNER reserves the right to modify prices at any time. Any change shall not affect orders already confirmed.
4.3. Shipping costs
Shipping costs shall be borne by the CUSTOMER and shall be added to the total amount of the selected items and/or products. The CUSTOMER shall be informed of these costs before confirming the order and completing the purchase process.
5. ORDER PROCESS
In order to place an order, the CUSTOMER must select the items and/or products they wish to purchase and add them to the shopping basket.
Once the shopping basket has been completed, the CUSTOMER must follow the purchase process and complete the information requested at each step.
Before confirming the order, the CUSTOMER shall be shown a summary identifying the selected items and/or products, their total price (including taxes and shipping costs) and the shipping details of the order.
Confirmation of the order implies acceptance of these General Terms.
6. PAYMENT METHODS
The WEBSITE OWNER accepts the following payment methods:
- Credit or debit card
- PayPal
- Other electronic payment methods available on the Website
The WEBSITE OWNER guarantees that all transactions are carried out through secure payment systems and that confidential payment data are transmitted directly and in encrypted form to the relevant payment service provider.
7. DELIVERY
The delivery of orders shall be carried out at the address indicated by the CUSTOMER at the time of purchase.
Delivery times shall vary depending on the destination and the selected shipping method. Estimated delivery times shall be indicated during the purchase process and in the order confirmation.
The WEBSITE OWNER shall not be responsible for delays in delivery caused by circumstances beyond its control.
8. RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from the purchase within a period of fourteen (14) calendar days without giving any reason, in accordance with applicable consumer protection regulations.
The withdrawal period shall expire fourteen (14) calendar days from the day on which the CUSTOMER or a third party indicated by the CUSTOMER, other than the carrier, acquires physical possession of the items and/or products.
To exercise the right of withdrawal, the CUSTOMER must notify the WEBSITE OWNER of their decision to withdraw from the contract by means of an unequivocal statement.
8.1. Effects of withdrawal
In the event of withdrawal, the WEBSITE OWNER shall reimburse all payments received from the CUSTOMER, including delivery costs, without undue delay and in any event no later than fourteen (14) calendar days from the date on which the WEBSITE OWNER is informed of the CUSTOMER’s decision to withdraw from the contract.
The WEBSITE OWNER shall carry out the reimbursement using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly agreed otherwise. In any event, the CUSTOMER shall not incur any fees as a result of such reimbursement.
The WEBSITE OWNER may withhold reimbursement until the items and/or products have been received back, or until the CUSTOMER has supplied evidence of having sent back the items and/or products, whichever is the earliest.
8.2. Return of items and/or products
The CUSTOMER shall return or hand over the items and/or products to the WEBSITE OWNER without undue delay and in any event no later than fourteen (14) calendar days from the date on which the CUSTOMER communicates their withdrawal from the contract.
The deadline shall be met if the CUSTOMER sends back the items and/or products before the period of fourteen (14) calendar days has expired.
The CUSTOMER shall bear the direct cost of returning the items and/or products.
The CUSTOMER shall only be liable for any diminished value of the items and/or products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the items and/or products.
9. EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal shall not apply to contracts relating to:
- The supply of goods made to the CUSTOMER’s specifications or clearly personalised.
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery.
- The supply of goods which, after delivery, are inseparably mixed with other items.
10. WARRANTIES AND LIABILITY
The WEBSITE OWNER shall be liable for any lack of conformity of the items and/or products in accordance with applicable consumer legislation.
Items and/or products sold through the Website are covered by the legal guarantee in force, which ensures that the items and/or products are in conformity with the contract.
11. CUSTOMER SERVICE
For any questions, incidents or complaints, the CUSTOMER may contact the WEBSITE OWNER via the customer service channels indicated on the Website.
12. APPLICABLE LAW AND JURISDICTION
These General Terms shall be governed by and construed in accordance with Spanish law.
In the event of any dispute arising from the interpretation or application of these General Terms, the parties submit to the courts and tribunals of the CUSTOMER’s place of residence, where applicable consumer protection regulations so provide.
Please note that the above terms and conditions are for translation purposes only and that the actual laws and regulations may vary. We recommend consulting local laws and regulations for further information.
- a) The TRADER shall reimburse the CONSUMER the price paid for the goods after receiving them or, where applicable, after receiving evidence provided by the CONSUMER that they have returned them.
- b) The CONSUMER shall return the goods to the TRADER at the TRADER’s expense.
Refund in the event of a price reduction or contract termination
Any reimbursement that the TRADER must make to the CONSUMER due to a price reduction or termination of the contract shall be carried out without undue delay and, in any event, within a period of fourteen days from the date on which the TRADER is informed of the CONSUMER’s decision to claim the corresponding right.
However, in the event of termination of a contract for the sale of goods, the period for reimbursement in the previous paragraph shall begin to run from the moment the TRADER has received the goods or, where applicable, has received evidence provided by the CONSUMER that they have returned them.
The TRADER shall make the reimbursement referred to in the previous paragraph using the same means of payment used by the CONSUMER to purchase the goods, unless otherwise agreed between the parties and provided that this does not entail additional costs for the CONSUMER.
The TRADER may not charge the CONSUMER any costs for the reimbursement.
Time limit for the appearance of a lack of conformity
In the case of a contract for the sale of goods in a single transaction or in a series of individual transactions, the TRADER shall be liable for any lack of conformity existing at the time of delivery and becoming apparent within a period of three years from delivery of the goods.
For second-hand goods, the TRADER and the CONSUMER may agree a shorter period than that indicated in the previous paragraph, which may not be less than one year from delivery.
In the case of goods with digital elements, where the contract provides for the continuous supply of digital content or digital services for a given period of time, the TRADER shall be liable for any lack of conformity of the digital content or digital services that becomes apparent during the period in which that digital content or digital services must be supplied in accordance with the contract. However, where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or digital services for a period of less than three years, the period of liability shall be three years from delivery.
Burden of proof
Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within two years of delivery of the goods in a single transaction or in a series of individual transactions already existed at the time of delivery, unless such presumption is incompatible with the nature of the goods or with the nature of the lack of conformity (misuse, lack of care by the CONSUMER, or an external cause such as a fall, impact, humidity), in which case the legal guarantee shall not apply.
Where the lack of conformity becomes apparent during the third year of the guarantee, it shall be for the CONSUMER to prove that the lack of conformity existed at the time of delivery of the goods.
For second-hand goods, the TRADER and the CONSUMER may agree a shorter presumption period than that indicated in the previous paragraph, which may not be less than one year from delivery.
For goods with digital elements, where the contract provides for the continuous supply of digital content or digital services for a given period of time, the burden of proof regarding the conformity of the digital content or digital services during the period indicated in the contract shall lie with the TRADER where the lack of conformity becomes apparent during that period.
Suspension of time limits
Corrective measures to bring the goods into conformity shall suspend the running of the time limit for the appearance of the lack of conformity, as well as the period relating to the burden of proof.
The suspension period starts at the moment the CONSUMER makes the goods available to the TRADER and ends when the goods, now in conformity, are delivered to the CONSUMER.
During the year following delivery of the goods now in conformity, the TRADER shall be liable for any lack of conformity that led to bringing the goods into conformity, and it shall be presumed to be the same lack of conformity where defects of the same origin as those initially manifested reappear.
Supporting documentation
Unless proven otherwise, delivery or supply shall be deemed to have taken place on the date indicated on the invoice or purchase receipt, or on the corresponding delivery document if later.
The TRADER must provide the CONSUMER who exercises their right to have the goods brought into conformity with supporting documentation evidencing that the goods have been made available by the CONSUMER, stating the date of delivery and the lack of conformity that justifies the exercise of the right, as well as supporting documentation evidencing delivery to the CONSUMER of the goods now in conformity, stating the date of such delivery and a description of the corrective measure carried out.
Limitation period for claims
The action to claim performance of the TRADER’s liability and the CONSUMER’s rights shall become time-barred within five years from the appearance of the lack of conformity.
The CONSUMER has a period of five years from the appearance of the defect to claim the exercise of the guarantee, which must appear within the three years following delivery of the goods by the TRADER.
Action against the manufacturer and recovery
Where it is impossible or would place an excessive burden on the CONSUMER to seek a remedy from the TRADER for the lack of conformity, the CONSUMER may address the manufacturer directly in order to have the goods brought into conformity.
In general, and without prejudice to the expiry of the manufacturer’s liability, the manufacturer shall be liable, under the same terms and conditions established for the TRADER, for the lack of conformity where it relates to the origin, identity or suitability of the goods, in accordance with their nature and purpose and with the rules governing them.
Any party that has provided a remedy to the CONSUMER shall have a period of one year to seek recovery from the party responsible for the lack of conformity. That period shall run from the time the corrective measure was carried out.
Guarantee exclusions
Excluded from the guarantee are defects caused by improper use or handling, connection to an electrical network different from that indicated, incorrect installation, or defects arising from external causes. In addition, the guarantee does not cover damage caused by external factors such as overvoltage or undervoltage, short circuits, atmospheric phenomena, fire, water, abnormal use of the goods, burns, cuts, rubbing, creases, marks, scratches or other damage that may be caused by animals, accidental falls or misuse. Claims for the natural loss of brightness or its degradation, colour deterioration due to exposure of the goods to sunlight or other heat sources, as well as use of or contact with chemical products and treatment with cleaning products not indicated, are not covered by the guarantee.
The TRADER is not liable for damage caused by installations not carried out by the TRADER’s official technical service, goods modified, handled or repaired by the CONSUMER or by any other person not authorised by the TRADER where such handling or installation is the cause of the lack of conformity; as well as for misuse or clear signs of improper handling.
Exclusion of liability
The TRADER shall not be obliged to compensate the CONSUMER or third parties for the consequences of improper use of the goods, whether direct or indirect damage, accidents suffered by persons, damage to goods other than the purchased goods, loss of profit or loss of earnings.
During a repair or replacement of goods with digital content, there is the possibility of loss of information. Therefore, the TRADER shall not be responsible for loss or recovery and does not guarantee that during the repair process the CONSUMER’s initial configuration information is retained until delivery, making it necessary in such cases to reconfigure the operation and/or wireless connection of the goods upon receipt.
To find out the procedures to follow in the event that a lack of conformity is detected in goods purchased through the Website, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly at the email address support@ortoprime.com
Click here to download the complaint forms of the Regional Government of Extremadura.
14. RETURNS POLICY
The CUSTOMER has the option to return items and/or products received in poor condition, whether due to manufacturing defects (provided that such defects have not been caused by handling or misuse by the CUSTOMER) or where they have been damaged during transport.
Please remember that, to initiate a return, the product must be in perfect usable condition and suitable for subsequent resale, and 30 calendar days must have passed since delivery of the order. Once the product arrives at our warehouses, it will be checked by the quality department and the refund will be processed using the same payment method used for the purchase. This process may take a few days; thank you for your understanding. Please remember the importance of returning the product with adequate packaging to prevent possible damage during transport.
We will arrange the transport company’s service; the customer may drop the item to be returned at the nearest Post Office, and we will email the label that must be printed or shown at the office. This service costs £10, except for bulky products such as wheelchairs, walking frames, crutches and similarly sized items, which cost £20. Of course, our company will assume responsibility for any incidents during transport. Once the goods arrive at our warehouses, they will be inspected and the refund will be processed, deducting the service cost for our services. To process a return, please contact us by sending an email to support@ortoprime.com indicating your order number and the products you wish to return.
OrtoPrime reserves the right to change the return costs for certain products due to their size, weight or special handling requirements, such as adjustable beds, hoists, powered wheelchairs and similar products. In any case, the customer’s right of return will always be respected in accordance with applicable legislation.
The CUSTOMER may not exercise the right of withdrawal in the cases provided for by law, in particular: products made to the customer’s specifications or clearly personalised; sealed products that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery; and products that may deteriorate or expire quickly.
• Returns for transport damage: where the CUSTOMER believes that, at the time of delivery, the item and/or product does not correspond to what is set out in the contract, or if they notice any damage to the parcel upon receipt of the order, please inform the courier. Returns for transport damage are accepted within 48 hours of receiving the product. We will arrange collection of the goods; once the goods arrive at our warehouses, they will be checked and the refund will be processed. Please remember to note such damage on the delivery note.
• Return due to product defect: where a return is requested due to a product defect, it is necessary to send photos of the internal and external packaging, the product batch/lot number and the damaged part of the product. Returns are not accepted for products that have already been used and removed from their original packaging where maximum hygiene commitment is required, such as pressure relief mattresses or pressure relief cushions.
For returns made from the Islands the return cost will be borne by the customer.
The CUSTOMER will receive the refund within a maximum of 14 days from receipt of the goods at our warehouses. Please note that if payment was made by credit card, the bank may not show the refund amount in the balance until the following month.
To find out the procedures to follow for returning an item and/or product damaged during shipping, incorrect or defective, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly at the email address support@ortoprime.com
Click here to access the returns centre.
15. INFORMATION ON THE PROCESSING OF PERSONAL DATA
In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION - GDPR EU 2016/679) and with Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights (LOPDGDD 3/2018), the SITE OWNER informs CUSTOMERS AND/OR USERS of the Website that all personal data provided by completing the electronic contact or registration forms on the Website, or by sending emails to the various email accounts with the ortoprime.com domain, form part of the Record of Processing Activities (RPA) of the SITE OWNER, which will be updated periodically in accordance with GDPR EU 2016/679, for use by the various departments of the company in order to provide the customer and/or user with our services, manage (handling, payment and shipping of purchased items and/or products), send the SITE OWNER’s newsletter of offers, promotions and recommendations, as well as send marketing communications about items and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic communication means, provided that the data subject has given consent to the processing of their personal data for that purpose.
By opting in to OrtoPrime SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers and transactional text messages, including our review requests, even if your mobile phone number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe so as not to receive SMS marketing notifications and messages, reply STOP to any mobile message we send you or use the unsubscribe link we provide in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all costs and fees associated with text messages imposed by your wireless service provider. Message and data rates may apply.
If you have any questions, text HELP to the number from which you received the messages. You can also contact us at https://ortoprime.com/pages/need-help for further information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received and that we will not be responsible for honouring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of any information sent through the service, any errors in such information and/or any action you may or may not take in reliance on the information or the Service.
Your right to privacy is important to us. You can view our Privacy Policy https://ortoprime.com/pages/privacy-policy to learn how we collect and use your personal information.
The lawful basis for processing is the performance of a contract to which the data subject is a party, or the application, at the data subject’s request, of pre-contractual measures, or the data subject’s explicit consent. We will keep your personal data for as long as there is a mutual interest in doing so, from the moment you give us your consent until you withdraw it or request restriction of processing. In such cases, we will keep your data blocked for the legally required periods. Data will not be disclosed to third parties, unless required by law.
By entering their data in the electronic forms on the Website, the CUSTOMER gives their explicit and unequivocal consent to the SITE OWNER to process the personal data provided, in accordance with the purposes mentioned in the previous paragraph.
Such data will not be transferred by the SITE OWNER to third parties without the CUSTOMER’s explicit and unequivocal consent. This does not affect the SITE OWNER’s duty to cooperate with the competent administrative and judicial authorities that may require data of the relevant CUSTOMER.
In addition, the SITE OWNER informs the CUSTOMER of the possibility to exercise the rights of access to personal data, rectification, erasure (right to be forgotten), restriction of processing, data portability, objection to processing and not to be subject to automated individual decision-making and, where processing is based on consent, the right to withdraw it at any time, by sending a communication to the postal address Carretera Ciudad Rodrigo, 0 S N, 10840 Moraleja, Cáceres (Spain) or by email to support@ortoprime.com, enclosing, in both cases, valid proof of identity as required by law, such as a photocopy of an ID card/residence permit/passport, and clearly indicating the right you wish to exercise.
If you consider that the processing is not in compliance with current legislation or that your rights have been violated, you may also lodge a complaint with the Spanish Supervisory Authority at https://www.aepd.com You can view our Privacy Policy at https://ortoprime.com/pages/privacy-policy
16. LIABILITY AND DISCLAIMER OF THE SITE OWNER
We cannot guarantee the technical continuity of the Website’s online store, the absence of errors or service interruptions, or that the Website will be available or accessible 100% of the time. The Website is hosted on a secure server with the necessary SSL security certificate, which are the tools available to the SITE OWNER to monitor the absence of viruses, worms or other harmful IT elements.
In no event shall the unavailability of the Website or the existence of errors on it entitle the CUSTOMER or third parties to claim any form of compensation or benefit of any kind.
17. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website, including, by way of example but not limitation, its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics, are owned by the SITE OWNER or, where applicable, the SITE OWNER holds a licence or express authorisation from the authors.
All Website content is duly protected by intellectual and industrial property regulations, and registered in the corresponding public registers.
Total or partial reproduction, use, exploitation, distribution and commercialisation requires, in all cases, the prior written authorisation of the SITE OWNER.
Any unauthorised use not previously authorised by the SITE OWNER shall be considered a serious infringement of the author’s intellectual or industrial property rights.
Designs, logos, text and/or graphics not belonging to the SITE OWNER and which may appear on the Website belong to their respective owners, who are responsible for any dispute that may arise in relation to them.
The SITE OWNER acknowledges the corresponding industrial and intellectual property rights of their owners, and their mere mention or appearance on the Website does not imply the existence of any rights or responsibility of the SITE OWNER over them, nor any endorsement, sponsorship or recommendation by the SITE OWNER.
18. LINKS
The establishment of a hyperlink does not in any case imply the existence of a relationship between the SITE OWNER and the owner of the Website to which it refers, nor the acceptance or approval by the SITE OWNER of its content or services.
Those wishing to establish a hyperlink must first request written authorisation from the SITE OWNER. In any case, the hyperlink will only allow access to the home page or start page of the websites and must refrain from making false, inaccurate or incorrect statements or indications about the SITE OWNER, or from including unlawful content contrary to morality or public order.
The SITE OWNER accepts no responsibility for the use that each user makes of the information made available on the Website or for actions taken on the basis of it.
The SITE OWNER accepts no responsibility for the information contained on third-party web pages that can be accessed via “links” or connections from any web page owned by the SITE OWNER. The presence of “links” or connections on the SITE OWNER’s Website is for information purposes only and in no case implies any suggestion, invitation or recommendation of them.
19. ENTIRE AGREEMENT
These conditions have been provided sufficiently in advance, in accordance with applicable legislation. In addition, the SITE OWNER makes these General Terms available so they can be stored and reproduced, thereby fulfilling the legal obligation of prior information.
Click to download the contract terms
The SITE OWNER reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website’s online store, its functionality and/or the content incorporated within it. The SITE OWNER also reserves the right to interrupt the provision of services at any time, while maintaining intact any commercial or other obligations acquired up to that time.
If any provision(s) of these Purchase Conditions are deemed null or unenforceable, in whole or in part, by a court or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions. In such case, the affected clause(s) shall be replaced by one or more clauses having effects as similar as possible to those replaced.
20. CUSTOMER SERVICE AND AFTER-SALES SUPPORT
For any questions, suggestions, complaints or claims relating to the purchase of items and/or products and/or services, you can complete the Website contact form or send an email to support@ortoprime.com
21. ONLINE PLATFORM FOR ALTERNATIVE DISPUTE RESOLUTION
If the CUSTOMER has had a problem with a purchase or the provision of an online service, they can use this means to submit any complaint relating to that purchase or provision of services, as well as opt for out-of-court dispute resolution.
In accordance with Article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and Law 7/2017, of 2 November, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes, the SITE OWNER provides Website users with the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
Through this link, Website CUSTOMERS can access the Online Dispute Resolution Platform (ODR).
22. EVENTS OUTSIDE OUR CONTROL
We shall not be liable for any failure to perform, or delay in performance of, any of our obligations where this is caused by events outside our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, among others, the following:
I. Strikes, lockouts or other industrial action.
II. Civil commotion, riot, invasion, terrorist attack or threat, war (declared or not) or threat or preparation for war.
III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
IV. Impossibility of using trains, ships, aircraft, motor transport or other means of transport, whether public or private.
V. Impossibility of using public or private telecommunications systems.
VI. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Our obligations shall be deemed suspended for the period that the Force Majeure continues, and we shall have an extension of time for performance of those obligations for a period equal to the duration of the Force Majeure. We will use all reasonable endeavours to end the Force Majeure or to find a solution by which we can perform our obligations despite the Force Majeure.
23. JURISDICTION
These General Terms are governed by Spanish law. The parties submit, at their choice, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user’s place of residence.
In addition, please note that you can access the European Union online dispute resolution platform via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
If any clause included in these General Terms is declared totally or partially null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part of it that is null or ineffective, and these General Terms shall remain valid in all other respects, with that provision being deemed totally or partially not included.
Likewise, these terms are subject to any other provision, regulation or law that is directly or indirectly applicable.