GENERAL TERMS AND CONDITIONS OF SALE

1. GENERAL INFORMATION

This website, www.rehametrics.com (hereinafter the ‘Website’), is owned by: Rehametrics SL, with Tax Identification Number (NIF): B98905094, registered with the Valencia Commercial Register; and whose contact details are: Address: Av. Reino de Valencia 53, 46005 Valencia Contact telephone number: +34 961 916 704 Contact email: admin@rehametrics.com This document (as well as any other documents referred to herein) sets out the terms and conditions governing the use of this website (www.rehametrics.com) and the purchase or acquisition of products on it (hereinafter, the ‘Terms and Conditions’). For the purposes of these Terms and Conditions, the activities carried out by Rehametrics via the website are understood to comprise: The development and marketing of software for the digitalisation of physical and cognitive rehabilitation and occupational therapy. In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including Rehametrics’ cookie policy and privacy and data protection policy. By using this Website or by purchasing and/or requesting the purchase of a product via it, the User agrees to be bound by these Terms and by all of the above; therefore, if they do not agree to all of this, they must not use this Website. Furthermore, please note that these Terms and Conditions may be amended. The User is responsible for reviewing them each time they access, browse and/or use the Website, as the terms in force at the time the purchase of products is requested shall apply. For any queries the User may have regarding these Terms and Conditions, they may contact the owner using the contact details provided above or, where applicable, via the contact form.

2. THE USER

Accessing, browsing and using the Website confers the status of user (hereinafter referred to, interchangeably, individually as ‘User’ or collectively as ‘Users’); therefore, from the moment browsing of the Website begins, all the Terms and Conditions set out herein, as well as any subsequent amendments thereto, are accepted, without prejudice to the application of the relevant mandatory legal regulations as the case may be. The User assumes responsibility for the proper use of the Website. This responsibility extends to:

• Using this Website solely to make enquiries and legally valid purchases or acquisitions.
• Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it may be cancelled and the relevant authorities will be informed.
• Providing accurate and lawful contact details, for example, email address, postal address and/or other details (see Legal Notice and General Terms and Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts via this Website. The User may, at their discretion, enter into a contract with Rehametrics for the sale of the desired products in any of the languages in which these Terms and Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may make purchases on the Website using the established methods and procedures. They must follow the online purchase and/or ordering procedure on www.rehametrics.com, during which various products may be selected and added to the shopping basket or checkout page, and finally click on: ‘Place Order’ Furthermore, the User must complete and/or check the information requested at each step; however, during the purchase process, before making payment, the details of the purchase may be amended. The User will then receive an email confirming that Rehametrics has received their order or request for purchase and/or provision of the service, i.e. the order confirmation. Where applicable, the User will also be informed by email when their purchase is being dispatched. Where applicable, this information may also be made available to the User via their personal account on the Website. Once the purchase process has been completed, the User consents to the Website generating an electronic invoice, which will be sent to the User by email and, where applicable, via their personal account on the Website. Furthermore, the User may, if they so wish, obtain a paper copy of their invoice by requesting this from Rehametrics using the contact forms on the Website or via the contact details provided above. The User acknowledges that, at the time of purchase, they are aware of certain specific terms and conditions of sale relating to the product in question, which are displayed alongside the product description or, where applicable, its image on the relevant page of the Website, including, by way of example, but not limited to, and depending on each case: name, price, components, quantity, product details or characteristics, the manner in which the services will be provided and/or the cost of such services; and acknowledges that placing the purchase order or making the purchase constitutes full and complete acceptance of the specific terms and conditions of sale applicable to each case. Communications, purchase orders and payments relating to transactions carried out on the Website may be archived and retained in the computerised records of  Rehametrics for the purpose of providing evidence of the transactions, whilst in all cases complying with reasonable security requirements and the applicable laws and regulations in force in this regard, and in particular 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 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, as well as the rights to which Users are entitled in accordance with this Website’s privacy policy.

4. AVAILABILITY

All purchase orders received by Rehametrics via the Website are subject to product availability and/or to there being no circumstances or events of force majeure (clause nine of these Terms and Conditions) affecting the supply of such products and/or the provision of services. Should any difficulties arise regarding the supply of products, Rehametrics undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in euros (€), and include tax, unless otherwise specified and applied due to legal requirements, particularly with regard to VAT. However, unless otherwise specified on a case-by-case basis, the prices of the items offered exclude any delivery charges that may be incurred; these will be added to the total amount due when the User arranges the delivery, at which point the User will be able to view the available delivery methods and costs and freely choose the option that best suits them. Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen. Prices may change at any time, but any such changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted payment methods are: Credit or debit card Rehametrics takes every measure to ensure the confidentiality and security of payment details provided by the User during transactions via the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system. Credit cards are subject to checks and authorisation by the issuing bank; if the bank does not authorise the payment, Rehametrics shall not be liable for any delay or failure to deliver and shall not be able to enter into any contract with the User. Once Rehametrics receives the User’s purchase order via the Website, a pre-authorisation will be carried out on the relevant card to ensure there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of dispatch and/or confirmation of the service provided in the manner and, where applicable, at the location specified. In any event, by clicking on ‘Place Order’, the User confirms that the payment method used belongs to them.

6. DELIVERY

Where physical delivery of the purchased goods is required, deliveries will be made within the following territory: Spain (Mainland and the Balearic Islands) Except in cases where unforeseen or extraordinary circumstances arise, or, where applicable, where delivery is delayed due to the customisation of the products, the purchase order comprising the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website, in accordance with the delivery method selected by the User, and, in any event, within a maximum of 30 calendar days from the date of order confirmation. If, for any reason attributable to Rehametrics, Rehametrics is unable to meet the delivery date, it will contact the User to inform them of this situation, and the User may choose either to proceed with the purchase by arranging a new delivery date or to cancel the order and receive a full refund of the price paid. In any case, home deliveries are made on working days. If it proves impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a note explaining where the order is and how to arrange for it to be delivered again. If the User will not be at the delivery address during the agreed time slot, they must contact Rehametrics to arrange delivery on another day. If 30 days have elapsed since the order became available for delivery and it has not been delivered for reasons not attributable to Rehametrics, Rehametrics will assume that the User wishes to withdraw from the contract and the contract will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, with the exception of any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any event, within a maximum of 14 calendar days from the date on which the contract is deemed to have been terminated. However, the User should bear in mind that the cost of returning the goods following termination may be passed on to them. For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place, or the order to have been delivered, at the moment the User or a third party designated by the User takes physical possession of the products, which shall be evidenced by the signature confirming receipt of the order at the agreed delivery address. Any risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Rehametrics receives full payment of all amounts due in relation to the purchase or acquisition made, including delivery charges, or at the time of delivery, if this takes place after Rehametrics has received full payment of the amount due. In accordance with the provisions of Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or provision of services shall be deemed to be situated within the territory subject to Spanish VAT if the delivery address is within Spanish territory, excluding the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time, depending on the specific item in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

Users are hereby informed that should they detect an error when entering the data required to process their purchase order on the Website, they may amend such data by contacting  Rehametrics via the contact forms provided on the Website, and, where applicable, via those provided for contacting customer services, and/or by using the contact details provided in clause one (General Information). Furthermore, the User may also correct this information via their personal account on the Website. In any case, before clicking on ‘Place Order’, the User has access to the shopping area, trolley or basket where their purchase requests are recorded and can make changes. Similarly, Users are advised to consult the Legal Notice and General Terms and Conditions of Use and, in particular, the Privacy Policy for further information on how to exercise their right to rectification as set out in 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 (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.

8. RETURNS

Where the User purchases products on or via the Data Controller’s Website, they are entitled to a number of rights, as listed and described below: Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from that purchase within 14 calendar days without having to provide a reason. This withdrawal period will expire 14 calendar days from the day on which the User, or a third party authorised by the User (other than the carrier), took physical possession of the goods purchased on the Rehametrics website  or, if the goods comprising their order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by them, other than the carrier, took physical possession of the last of those goods comprising the same purchase order; or, in the case of a contract for the provision of services, 14 calendar days from the day the contract was concluded. To exercise this right of withdrawal, the User must notify Rehametrics of their decision. They may do so, where applicable, via the contact forms provided on the Website. Regardless of the method chosen to communicate their decision, the User must state clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any event, the User may use the model withdrawal form provided by Rehametrics as an annex to these Terms and Conditions; however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the notification clearly and unequivocally stating the decision to withdraw to be sent before the relevant deadline expires. In the event of withdrawal, Rehametrics will refund the User all payments received, including delivery costs (with the exception of any additional costs incurred by the User for a delivery method other than the least expensive option offered on the Website), without undue delay and, in any event, no later than 14 calendar days from the date on which Rehametrics is informed of the User’s decision to withdraw. Rehametrics will refund the User using the same payment method that the User used to make the initial purchase. This refund will not incur any additional costs for the User. However, Rehametrics may withhold this refund until it has received the products or items purchased, or until the User provides proof of their return, whichever occurs first. They must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Rehametrics was informed of the decision to withdraw. The User acknowledges that they shall bear the direct cost of returning the goods (postage, delivery), if any such costs are incurred. Furthermore, they shall be liable for any reduction in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws. By way of example, and without limitation, this would apply to: personalised products; products that are liable to deteriorate or expire rapidly; music or video CDs/DVDs without their original factory-sealed packaging; products that, for health or hygiene reasons, are sealed and have been unsealed following delivery; and the supply of digital content without a physical medium. The provision of a service that the User may contract on this Website is governed in the same way, as this same Act stipulates that Users shall not be entitled to the right of withdrawal where the service has been fully performed, or where it has commenced, with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by  Rehametrics, they will have forfeited their right of withdrawal. In any event, no refund will be made if the product has been used beyond simply opening the packaging, or for products that are not in the same condition as when they were delivered, or that have suffered any damage following delivery. Furthermore, products must be returned using or including all their original packaging, instructions and any other accompanying documents, as well as a copy of the purchase invoice. The model withdrawal form can be downloaded via the following link: Return of defective products or incorrect deliveries This covers all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, they must contact  Rehametrics immediately and notify them of the issue (defect/error) via the same channels or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed of how to return the products; once returned, these will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, a replacement is due. The refund or replacement of the product will be carried out as soon as possible and, in any event, within 14 days of the date on which we send you an email confirming that a refund or replacement of the non-compliant item is due. The amount paid for any products returned due to a fault, where such a fault actually exists, will be refunded in full, including delivery charges and any costs the User may have incurred in returning the goods. The refund will be made via the same payment method the User used to pay for the purchase. In all cases, the User’s rights as a consumer and user, as recognised under the legislation in force at any given time, shall always apply. Warranties The User, as a consumer and user, is entitled to warranties in respect of the products they may purchase via this Website, in accordance with the terms established by law for each type of product; Rehametrics is therefore liable for any lack of conformity in such products that becomes apparent within three years of delivery. In this regard, the products are deemed to be in conformity with the contract provided that: they correspond to the description provided by Rehametrics and possess the qualities set out therein; they are fit for the purposes for which products of the same type are ordinarily intended; and they possess the quality and performance characteristics customary for a product of the same type and which are fundamentally to be expected of it. Where this is not the case with regard to the products delivered to the User, the User must proceed as set out in the section ‘Return of defective products or incorrect deliveries’. However, some of the products sold on the Website may exhibit non-uniform characteristics, provided that these stem from the type of material from which they are manufactured; such characteristics will therefore form part of the product’s individual appearance and shall not constitute a defect. Furthermore, it may be the case that the User purchases a product on the Website from a brand or manufactured by a third party. In this instance, should the User consider the product to be faulty, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their statutory warranty rights directly with them within three years of the delivery of such products. To do so, the User must have retained all information relating to the product warranty.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided for by law, Rehametrics shall not accept any liability for the following losses, regardless of their origin:

• any losses not attributable to any breach on its part;
• business losses (including loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the parties was concluded.

Similarly, Rehametrics also limits its liability in the following cases:

• Rehametrics takes all necessary measures to ensure that the product is displayed accurately on the Website; however, it accepts no liability for any minor differences or inaccuracies that may arise due to low screen resolution, problems with the browser being used, or other issues of this nature.
• Rehametrics will act with the utmost diligence to ensure that the product covered by the purchase order is made available to the company responsible for its transport. However, it accepts no liability for losses arising from transport disruptions, particularly due to causes such as strikes, roadblocks, and, in general, any other issues specific to the sector, which result in delays, loss or theft of the product.
• Technical faults, whether due to unforeseeable circumstances or other causes, that prevent the normal functioning of the online service. Unavailability of the Website due to maintenance or other reasons, preventing access to the service. Rehametrics makes every effort to facilitate the purchase, payment and dispatch/delivery of the products; however, it accepts no liability for causes beyond its control, unforeseeable circumstances or force majeure.
• Rehametrics shall not be liable for the misuse and/or wear and tear of products that have been used by the User. Furthermore, Rehametrics shall not be liable for any incorrect returns made by the User. It is the User’s responsibility to return the correct product.
• In general, Rehametrics shall not be liable for any failure or delay in fulfilling any of the obligations undertaken, where this is due to events beyond its reasonable control, that is to say, due to force majeure, which may include, but is not limited to:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, aeroplanes, motor vehicles or other means of transport, whether public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.

Consequently, obligations shall be suspended for the duration of the force majeure event, and  Rehametrics shall be granted an extension to the deadline for fulfilling them for a period equal to the duration of the force majeure event. Rehametrics shall use all reasonable means to find a solution enabling it to fulfil its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Rehametrics shall be electronic (email or notices published on the Website). For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notification, information and other communications sent by Rehametrics electronically fulfil the legal requirements of being in writing. This condition shall not affect the User’s statutory rights. The User may send notifications and/or contact Rehametrics using the contact details provided in these Terms and Conditions and, where applicable, via the contact forms on the Website. Similarly, unless otherwise stipulated, Rehametrics may contact and/or notify the User via their email address or the postal address provided.

11. WAIVER

No waiver by Rehametrics of a specific right or legal remedy, nor any failure by Rehametrics to require the User to strictly comply with any of their obligations, shall constitute a waiver of any other rights or remedies arising from a contract or these Terms and Conditions, nor shall it relieve the User of their obligations. No waiver by Rehametrics of any of these Terms and Conditions or of the rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. INVALIDITY

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Rehametrics in relation to the subject matter of the sale and supersede any other prior agreement, arrangement or promise made verbally or in writing by the same parties. The User and Rehametrics acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, save as expressly set out in these Terms and Conditions.

14. DATA PROTECTION

Any personal information or data provided by the User to Rehametrics in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is accurate.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing of and/or use of this Website and contracts for the purchase of products via the Website shall be governed by Spanish law. Any dispute, problem or disagreement arising from or relating to access to, browsing of and/or use of the Website, or to the interpretation and enforcement of these Terms and Conditions, or to the sales contracts between Rehametrics and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

Users may submit any complaints, claims or other comments they wish to make to Rehametrics using the contact details provided at the beginning of these Terms and Conditions (General Information). Furthermore, Rehametrics has official complaint forms available to consumers and users, which they may request from Rehametrics at any time using the contact details provided at the beginning of these Terms and Conditions (General Information). Furthermore, should a dispute arise from the conclusion of this purchase contract between Rehametrics and the User, the User, as a consumer, may request out-of-court dispute resolution in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.