GENERAL TERMS AND CONDITIONS OF SALE

1. GENERAL INFORMATION
The ownership of this website www.rehametrics.com, (hereinafter Website) is held by: Rehametrics SL, provided with NIF: B98905094 and registered in: Registro Mercantil de Valencia; 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 other documents mentioned herein) regulates the conditions governing the use of this Website (www.rehametrics.com) and the purchase or acquisition of products on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Rehametrics develops through the Web Site includes:
The development and marketing of software to digitize physical, cognitive rehabilitation and occupational therapy.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and General Conditions of Use, including the cookies policy, and the privacy policy and data protection of Rehametrics. By using this Website or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with all of them, you should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:

• To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
• Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The User may formalize, at its option, with Rehametrics the contract of sale of the desired products in any of the languages in which these Conditions are available on this Web Site.

3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.rehametrics.com, during which various products may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “Contract”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Rehametrics has received your order or request for purchase and / or service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his personal space of connection to the Website.

Once the purchase procedure has been completed, the User consents to the Web Site generating an electronic invoice that will be sent to the User via email and, where appropriate, through his personal space connected to the Web Site. Likewise, the User may, if desired, obtain a paper copy of the invoice by requesting it to Rehametrics using the contact spaces of the Web Site or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product in question and which are displayed next to the presentation or, where appropriate, image of it on its page on the Web Site, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, quantity, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions made on the Website may be archived and retained in the computerized records of Rehametrics in order to constitute a means of proof of transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights of Users under the privacy policy of this Website.

4. AVAILABILITY
All purchase orders received by Rehametrics through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. In the event of difficulties in the supply of products, Rehametrics undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.
However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.
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 possible changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted means of payment will be: Credit or debit card.

Rehametrics uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, Rehametrics will not be liable for any delay or non-delivery and cannot enter into any contract with the user.
Once Rehametrics receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service provided in the manner and, where appropriate, place established.
In any case, by clicking on “Contract” the User confirms that the payment method used is his or her own.

6. DELIVERY
In those cases in which physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, attributable to it, Rehametrics could not meet the delivery date, it will contact the user to inform him of this circumstance and the user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is 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 notice explaining where the order is and how to arrange for it to be redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Rehametrics to arrange delivery on another day.
If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Rehametrics, Rehametrics will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise 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 connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Rehametrics.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Rehametrics through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on “Contract”, has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established 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 (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel said purchase within 14 calendar days without the need for justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Rehametrics Web Site or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by him, other than the carrier, acquired the material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the user must notify its decision to Rehametrics. It may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Rehametrics makes available as an annexed part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, Rehametrics will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and in any case not later than 14 calendar days from the date on which Rehametrics is informed of the decision to withdraw by the User. Rehametrics will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Rehametrics may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.
And it shall do so without undue delay and in any event not later than 14 calendar days from the date on which Rehametrics was informed of the withdrawal decision.
The User acknowledges knowing that he shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he shall be liable for any diminished value of the products resulting from handling other than what is 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 revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.
In this same sense governs the provision of a service that the User may contract on this Web Site, as this same law provides that the right of withdrawal will not assist users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Rehametrics, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
You can download the Model Cancellation Form at the following link:

Return of defective products or delivery error.
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and therefore, should contact Rehametrics immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and the products, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Warranties
The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding Rehametrics, therefore, for the lack of conformity of the same that is manifested within three years from delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Rehametrics and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect. On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the three years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Rehametrics accepts no liability for the following losses, irrespective of their origin:

• any losses which are not attributable to any breach by you;
• business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
• or of any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.

Rehametrics also limits its liability in the following cases:

• Rehametrics applies all measures concerning to provide a faithful visualization of the product on the Web Site, however is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
• Rehametrics will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
• Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Web site for maintenance or other reasons, which prevents the availability of the service. Rehametrics puts all means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeur.
• Rehametrics shall not be liable for misuse and/or wear and tear of the products that have been used by the User. At the same time, Rehametrics shall not be liable for an erroneous return made by the user. It is the responsibility of the user to return the correct product.
• In general, Rehametrics shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to, but not limited to
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations shall be suspended for the period during which the force majeure continues, and Rehametrics shall have an extension of time to perform them for a period of time equal to the duration of the force majeure. Rehametrics shall use all reasonable endeavours to find a solution to enable it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User agrees that most communications with Rehametrics will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Rehametrics sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.
The User may send notifications and/or communicate with Rehametrics through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Rehametrics may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER
No waiver by Rehametrics of any particular legal right or remedy or failure by Rehametrics to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies arising under a contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by Rehametrics of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. VOID
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the User and Rehametrics in relation to the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties.
The User and Rehametrics acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION
The information or personal data provided by the User to Rehametrics in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General 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 are truthful.

15. APPLICABLE LEGISLATION AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, problem or disagreement arising out of or related to the access, browsing and/or use of the Web Site, or the interpretation and execution of these Conditions, or the sales contracts between Rehametrics and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS
The User may send to Rehametrics their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, 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 Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Rehametrics and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.