INFORMATION FOR CUSTOMERS
READ THESE CONTRACT CONDITIONS CAREFULLY. ACCESS AND USE OF THIS SERVICE IMPLIES EXPRESS AND UNRESERVED ACCEPTANCE OF ALL THE TERMS OF THESE CONDITIONS, WITH THE SAME VALIDITY AND EFFECTIVENESS AS ANY AGREEMENT THAT HAS BEEN FORMALISED IN WRITING AND DULY SIGNED.
YOU MUST EXPRESSLY ACCEPT THESE CONDITIONS WHEN REGISTERING AS A USER AUTHORISED TO CONDUCT COMMERCIAL TRANSACTIONS ON THE WEBSITE.
IF YOU DO NOT AGREE TO THE TERMS OF THESE GENERAL CONDITIONS OF USE YOU MUST STOP ACCESSING THIS SITE.
These terms and conditions of contract are intended to regulate the use and conditions of access of the Website www.clinicaexcelan.com or from any other Internet addresses that direct the user to the same.
The Website is owned and operated by CLINICA EXCELAN MARBELLA SL, with CIF (tax identification number): B-93185858, with its registered office at Plaza Joaquin Gómez Agüera 5, 29601, Marbella (Malaga), and registered in the Companies Registry of Malaga, Volume 5002, Folio 02, Companies Section, Sheet MA-113336.
The email address and contact phone number are:
Telephone: 952 771 285
The Website makes these conditions available to users so that they can be stored and reproduced, thus complying with the legal duty of prior information.
The contracting of services offered by CLÍNICA EXCELAN MARBELLA SL on this Website will be governed by these conditions, except in any matters that are expressly agreed otherwise in the respective offer, or in the acceptance of the order, and which may constitute the particular conditions thereof. Therefore, all other conditions that are not expressly accepted by CLÍNICA EXCELAN MARBELLA SL shall have no legal value or effect whatsoever.
The contracting of services and treatments offered by CLÍNICA EXCELAN on the part of the user of this Website shall imply express acceptance of the contractual terms and conditions, and acknowledgement that the person contracting them has received all the information related to the services contracted, either through the information provided by the Website or by any extension of the services that may have been requested by phone or by email.
3. CHARACTERISTICS OF THE SERVICES OFFERED ON THE WEBSITE
The Website www.clinicaexcelan.com offers the following health services:
- Medical and health services for members that are acquired through payment of a fixed annual fee, with each type of membership described in the section Become a Member (include hyperlink).
- The patented Dr Hangover treatment, which is also defined and specified with all its contract options in the Dr Hangover Website section (include hyperlink)
- Any other health service that Clínica Excelan Marbella SL deems appropriate to include in its online range.
4. PRICES AND TAXES
Prices are marked on each product, expressed in Euros (€), and include applicable taxes in Spain.
5. PAYMENT METHODS
Clínica Excelan guarantees 100% secure payment. Accepted forms of payment on our Website are:
– Paypal. Paypal is the world leader in online payments. Activate your PayPal account when you place your order. If you choose this payment method you will be automatically forwarded to the PayPal Website. Open your account and make the payment.
– Credit or debit card. All operations involving the transmission of personal or banking data are performed using a secure environment, with a server based on the standard SSL (Secure Sockets Layer) security technology provided by PAYPAL BUSINESS. All information you transmit through the network is encrypted.
Your credit card information is entered directly on the bank’s website, at the POS (the bank’s Point of Sale Terminal) and is not entered or registered on any CLÍNICA EXCELAN MARBELLA SL server.
When paying with VISA or MASTERCARD you will always be asked for the following information: the card number, the expiry date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, all of which guarantee the provision of greater security for the transaction.
6. CONTRACTING A SERVICE
To contract any of the services offered by CLÍNICA EXCELAN, the user must pay the corresponding amount by means of one of the payment methods outlined in point 4 of these conditions of sale.
6.1. ASSOCIATED SERVICES
In order to contract associated services, the user must pay the corresponding amount and sign the contract sent for this purpose, which shall be sent electronically within 1 hour of the receipt of the user’s request. Once this contract has been signed by the customer, CLÍNICA EXCELAN shall return it to the customer duly formalised.
Once the payment has been made and the contract signed and formalised by CLINICA EXCELAN, the user will be able to start using the service and will acquire the status of member 24 hours after hiring the service.
6.2. DR HANGOVER TREATMENT
In order to contract the Dr Hangover treatment, the corresponding amount must be paid, and once this payment has been made and communicated to CLÍNICA EXCELAN, we undertake to contact the customer within thirty minutes (30 minutes) to establish the timetable for its implementation.
6.3. EXCEPTIONAL SITUATIONS
Although Clínica Excelan guarantees the provision of the service contracted by the client at all times, and the response times established for the different contract types in points 5.1 and 5.2 of this section, mistakes may sometimes occur when users enter data that impedes effective communication with him or her. In these cases, CLÍNICA EXCELAN shall not be liable for the lack of communication with the user.
However, in order to minimise these risks, we recommend to our customers that if we have not been in contact with them within the established time, due to some type of error in the collection of data or any failure to transmit this data to others outside of this company, they should send an email to firstname.lastname@example.org or contact us by telephone on 952 771 285.
THE OWNER OF THE WEBSITE RESERVES THE RIGHT TO SUSPEND THE PROCESSING OF A CONTRACT APPLICATION IN THE EVENT OF ANY DOUBTS ABOUT THE AUTHENTICITY OF THE USER REQUESTING THE CONTRACT, AND ALSO IN THE CASE OF NON-PAYMENT OF PREVIOUS APPLICATIONS. THE OWNER OF THE WEBSITE ALSO RESERVES THE RIGHT TO STOP THE APPLICATION IN THE EVENT THAT IT IS NECESSARY TO CONFIRM ANY FACTS RELATING TO IT.
8. OBLIGATIONS OF THE PARTIES
Notwithstanding any other obligations arising for the owner of the Website and/or the customer as a result of these conditions, both parties undertake to observe and comply with the following:
The OWNER OF THE WEBSITE undertakes the following:
- To make the necessary information about the services that may be acquired on the Website available to customers and users.
- Once the customer requests the contracting of any service/treatment offered, CLÍNICA EXCELAN shall send verification by email acknowledging receipt of the request.
- To make these conditions of use available to customers and users so that they can be stored, filed and/or printed by the user.
- To advise and inform customers and users of any changes that may occur in these conditions of use.
- To answer and inform the client as soon as possible about any incident relating to the request made.
- To comply with current applicable legislation on data protection in order to safeguard the information provided by the customer.
THE CUSTOMER undertakes to/shall be exclusively responsible for:
- Assume payment for the services/treatments contracted through the Website.
- Safeguard and maintain the absolute confidentiality of the identifier code supplied as a registered user within the Website and the user’s personal password. The customer is responsible for not communicating such information to any unauthorised third party.
- Any action performed contrary to the directions or instructions designated on the Website regarding the placing of orders on the site.
- Ensuring that the information entered in forms contained on the Website is correct, accurate and up-to-date.
- Direct or indirect manipulation of the content that appears on the Website for fraudulent purposes.
- Direct or indirect damage or injury caused by any third party if the customer and/or registered user loses, discloses, acts negligently, or in any way allows a third party to discover the data and information necessary to access the electronic platform and manage the execution of orders by supplanting the identity of the customer.
- Any action that results in the infringement of the industrial and intellectual property of the Website.
- Any illegal action or omission that contravenes the provisions of these conditions.
9. RESPONSIBILITIES AND LIMITATIONS
CLINICA EXCELAN cannot guarantee that the use of the Website and/or electronic platform is continuous or uninterrupted. Nor can it guarantee that the information provided will be free of errors outside its sphere of control.
However, the owner of the Website declares that they have taken all necessary measures, within their possibilities and given the state of the technology, to guarantee the operation of the electronic platform and to avoid the existence of harmful components for customers and/or users.
Consequently, CLINICA EXCELAN does not guarantee and is not liable for:
- Continuity in the use of the Website or the lack of availability and/or accessibility of the same.
- The absence of errors when using the Website.
- The absence of viruses and other harmful components on the Website or on the server that supplies it.
- The invulnerability of the Website and/or the impregnability of the security measures adopted on the site.
- Damage or loss caused to themselves or to a third party by anyone who violates the conditions of use of the Website or its security systems.
- Any other damage that may be caused by reasons inherently linked to the non-function or malfunction of the Website or links located in the domain.
The service provider shall do its utmost to avoid errors in the content that is published on the Website, especially content relating to the description and price of the services offered. All the content offered through the Website is up to date, and the owner of the Website reserves the right to modify content at any time. In any case, the service provider is not liable for any consequences that may arise from errors that may appear in the content collected on the Website and/or electronic platform.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The person responsible for the Website holds, or as the case may be, has obtained the corresponding license or authorisation to exercise intellectual, industrial and image property rights over the content available through the ordering system of the Website, which includes, by way of illustration but not exhaustively, texts, graphic designs, drawings, codes, software, product catalogues, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions, information, and in general, any other creation protected by national standards and international treaties on intellectual and industrial property (hereinafter collectively, the Content).
All intellectual and industrial property rights over the Content are reserved, and in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Content included on the Website, whether images or text, for public or commercial purposes, without the express prior written authorisation of the owner of the corresponding rights.
Access to and navigation through the Website by the user, along with the use of the order system, shall not, in any case, entail the waiver, passing on, licensing or total or partial transfer of the rights indicated above.
Consequently, it is not permitted to suppress, evade or manipulate the copyright notice and any other identifying data of the rights of their respective owners contained in the Content, or the technical devices for protection, or any information and/or identification mechanisms that may be contained therein.
References to commercial or registered names and trademarks, logos or other distinctive signs implies a prohibition of their use without the consent of their rightful owners. Unless expressly stated when accessing or using the Website and/or its Content, in no case does this grant the user any rights over the trademarks, logos and/or distinctive signs therein protected by law.
The user does not acquire rights or license in relation to the service or the components of the service, except the limited right to use the service according to the applicable conditions. Users may only use the Content or elements accessed through EXCELAN services for their own use and requirements, and are prohibited from directly or indirectly making any kind of commercial use of the services, materials, elements or information obtained through the services provided.
11. PROCESSING OF PERSONAL DATA AND CONFIDENTIALITY POLICY
The processing of personal data, as well as any other information requested from users for the management and processing of online contracting within the Website, shall be carried out subject to the provisions of Organic Law 15/1999, of 13 December, on Personal Data Protection (LOPD) and the regulations that implement it, as well as Act 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, and shall be processed in order to manage the contractual relationship arising from the processing of orders on the electronic platform (Online Shop).
In accordance with Article 5 of the LOPD (Right of information in the collection of data), the customer is informed in advance that the data collected when registering as a user will form part of the CLIENTS file, registered in the General Register of the Data Protection Agency, for which the owner of the Website is responsible.
The purpose of this file is the management, control and billing of orders made by registered users. This collection of personal data is carried out in such a way that is appropriate to the commercial relationship established with the acquisition of services offered by CLINICA EXCELAN MARBELLA SL through this Website.
The user is also informed that the information provided is subject to the commercial relationship established in the electronic order and shall not be used for any purpose other than that anticipated, which is determined by the commercial relationship established for this purpose.
When confirming the sending of personal data through the form provided on the Website, the user grants express consent for the processing of their personal data for the purposes of processing and managing the services purchased from CLINICA EXCELAN MARBELLA SL and invoiced by the owner of the Website, in accordance with the data collection form provided on said domain.
In compliance with Article 4 of the LOPD (data quality principle), the user undertakes to provide true, accurate, complete and up-to-date information in a way that truthfully corresponds to the situation of the user.
12.RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION
The owner of the Website informs users that they may exercise the rights of access, rectification, cancellation and opposition, on the terms stipulated in current applicable legislation, in writing, and properly identifying themselves and visibly indicating the specific right exercised, to the email address: email@example.com
13. DURATION AND MODIFICATION OF THE PRESENT CONDITIONS
These conditions shall remain in force and shall be valid for as long as they are accessible to customers and users through the Website.
The owner of the Website reserves the right to be able to unilaterally modify the terms and conditions stipulated herein, and is obliged to announce any change in these conditions. The temporary validity of these conditions shall coincide with the duration of their publication, until the moment when they are totally or partially modified.
The user expressly accepts the use of electronic mail as a valid procedure for the exchange of information and the sending of communications between and/or with the owner of the Website.
Each of the parties shall be exclusively responsible for the fulfilment of the obligations pertaining to them, according to current regulations and resulting from application; and must grant the other party indemnity against actions, demands and/or claims that third parties may bring for non-compliance with such regulations.
In the event that any provision or provisions of these general conditions are considered invalid or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said invalidation or inapplicability will not affect the remaining provisions. In this case, the parties agree to replace the clause or clauses affected by another or others that have the most similar effects as those replaced.
If the owner of the Website fails to exercise or implement any right or provision contained in these general conditions of use, this shall not constitute any waiver thereof, unless acknowledged and agreed in writing by the owner of the Website.
14. COOKIES POLICY
Cookies are text files that servers that host Websites send to their users’ browsers. They cannot be executed as code and cannot contain viruses. They can only be read by the server hosting the Website.
15. APPLICABLE LAW AND COMPETENT COURTS
This site is located and operated from Spain, so all matters relating to the site are governed by Spanish law and are subject to the jurisdiction of the Spanish Courts and Tribunals, without reference to conflicts of laws principles.
With regard to information and resolution relating to any disputes, discrepancies or differences that may arise regarding the interpretation, content, execution or termination of these general conditions of use, the parties expressly waive any jurisdiction that may correspond to them, accepting that any issues shall be submitted to the Courts and Tribunals of the town of Marbella.