This contractual document shall govern the General Conditions for contracting specialised medical care services (hereinafter, «Conditions») via the website gastea.com, owned by GASTROENDOAVAN S.L. under the commercial brand GASTEA, hereinafter, PROVIDER, whose contact details are also listed in the Legal Notice of this Website.
These Terms and Conditions shall remain published on the website for the USER to access, reproduce and save as confirmation of contract. They may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders shall apply.
Contracts shall not be subject to any formality, except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document signifies that the USER:
- You have read, understood and comprehended the content of this document.
- They are a person with sufficient capacity to contract.
- Assume all obligations set out herein.
These terms and conditions shall have indefinite validity and shall apply to all contracts made through the PROVIDER's website.
The PROVIDER states that the business is responsible and aware of current legislation, and reserves the right to unilaterally modify the terms and conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the specialised medical care services contracted by the USER is GASTROENDOAVAN S.L., with its registered office at Ctra. del Plantio, 76B – 2 B 28221 Majadahonda (Madrid), NIF B87662482 and with a customer/USER service telephone number of 910768416.
And on the other hand, the USER, registered on the website using their name or national identity document, for which they have full responsibility for use and safekeeping, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual purchase and sale relationship arising between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a price determined and publicly displayed via the website, of WWW.GASTEA.COM.
Recruitment procedure
To be able to access the services offered by the PROVIDER, the USER must be of legal age and must complete a form provided on the Website, or, where applicable, contact the centre by telephone or by phone. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, and detailed in the Legal Notice and Privacy Policy of this website.
The USER will receive a link for video consultation, undertaking to use it diligently and not to make it available to third parties, as well as to inform the PROVIDER of its loss or theft, or of possible access by an unauthorised third party, so that the PROVIDER may proceed to immediate blocking.
Once the user account has been created, it is hereby informed that, in accordance with the requirements of Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General terms and conditions of contract.
- Service activation.
- Right of withdrawal.
- Online claims and dispute resolution.
- Force majeure.
- Competition.
- Overview of the offer.
- Price and offer validity period.
- Transport costs.
- Payment method, expenses and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Governing law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, placing an order with the PROVIDER will constitute the USER's acceptance of these legal terms and conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. SERVICE ACTIVATION
The PROVIDER will not activate any services until payment has been confirmed as received.
As the order does not involve the physical delivery of any product, with the contracted services being provided through the website via the videoconferencing system, the PROVIDER will inform the USER in advance about the procedure they must follow to carry out activation.
Failure to execute contract remotely
The PROVIDER will inform THE USER beforehand of the procedure to follow, having previously agreed on a day and time for the provision of the service.
In the event that the contract cannot be fulfilled because the contracted service is not available within the foreseen timeframe, the USER will be informed of its unavailability and will be entitled to cancel the order and receive a full refund of the amount paid, at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of an unjustified delay by the PROVIDER in returning the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for any damages suffered exceeding that amount.
The PROVIDER will not assume any responsibility when the download or activation of the service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.
The provision of the service shall be deemed to have been made at the moment the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form https://gastea.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of download or activation of the service or from the conclusion of the sales contract, to exercise the right of withdrawal. If the PROVIDER fails to comply with the duty to inform and document on the right of withdrawal, the period for its exercise shall end twelve months after the expiry date of the initial withdrawal period (Article 71 of Law 3/2014, of March 27).
The right of withdrawal shall not apply in the following cases:
- In software applications that are downloaded directly through the portal or unsealed by the USER after physical delivery.
- In the provision of services, once the service has been fully performed, when performance has begun, with the express prior consent of the PROVIDER and USER and with their acknowledgement that they are aware that, once the contract has been fully performed by the PROVIDER, they will have lost their right of withdrawal.
- Upon download or activation of the service when its price depends on financial market fluctuations that the PROVIDER cannot control and which may occur during the withdrawal period.
- In the provision of services made to the USER's specifications or clearly personalised.
- In the supply of accommodation services for purposes other than residential, the transport of goods, the hire of vehicles, food or services related to leisure activities, where contracts provide for a specific date or period of performance.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene which have been unsealed after delivery.
- The supply of goods, which after their delivery and considering their nature, have been inseparably mixed with other goods.
- Contracts in which the consumer and user has specifically requested the trader to visit them to carry out urgent repair or maintenance operations; during that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations. The right of withdrawal must apply to such additional services or goods.
All returns must be communicated to the PROVIDER, requesting a return number via the form provided for this purpose, or by email to info@gastea.com, indicating the corresponding invoice or order number.
In the event that the return is not made in the original delivery packaging, the PROVIDER may charge the cost of the packaging to the USER, having previously informed them through the same communication channel used.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim the USER deems appropriate will be addressed as quickly as possible and can be made using the following contact details:
Postal: GASTROENDOAVAN S.L., Ctra. del Plantio, 76B – 2 B 28221 Majadahonda (Madrid)
Telephone: 910768416
E-mail: info@gastea.com
Online Dispute Resolution
In accordance with Article 14(1) of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the PROVIDER, without recourse to the courts of justice, through the intervention of a third party, known as a dispute resolution entity, which acts as an intermediary between the two. This entity is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
Neither party shall be held liable for any failure due to a force majeure event. The performance of the obligation shall be deferred until the cessation of the force majeure event.
COVID-19: If due to mobility restrictions or other reasons relating to the established rules of the COVID-19 code the USER cannot receive the service, they will be refunded the full amount of the registration fee or will have the option to use their booking until the force majeure cause ceases or a new date proposed by the PROVIDER.
6. SKILLS
The USER shall not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these terms and conditions is considered void or unenforceable, the validity, legality, and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any manner.
The USER declares to have read, understood, and accepted these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales made by the SUPPLIER shall be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of GASTROENDOAVAN S.L. or to what is stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each service are not subject to VAT as they are medical services. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, packaging, shipping insurance, or any other additional services related to the acquired service.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before completing the purchase, you can check all the budget details online: services, quantities, price, availability, charges, discounts, taxes, and the total purchase amount. Prices are subject to change daily until the order is placed.
Once the order has been placed, prices will be maintained regardless of service availability.
Every payment made to the PROVIDER will result in the issuance of an invoice to the registered USER or the company name they have provided at the time of placing the order. This invoice will be sent in PDF format to the email address provided by the USER, provided they have given their express consent for this, and will inform them that they may withdraw such consent at any time by notifying the PROVIDER through any of the means made available to them.
For any information about the order, the USER may contact the PROVIDER's customer service line on 910768416 or via email at info@gastea.com.
9. TRANSPORT COSTS
There are no transportation costs.
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following methods for order payment:
Bank transfer to GASTEA as instructed.
Safety measures
The website uses industry-standard information security techniques, such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these ends, the USER agrees that the PROVIDER may obtain data for the purpose of authenticating access controls.
The PROVIDER undertakes not to permit any transaction that is or may be considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under card brand programmes: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder or card.
11. PURCHASE PROCESS
The medical services offered can be requested by telephone or via email.
12. TERMINATION AND SUSPENSION OR RESCISSION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, that condition will be considered separable and will not affect the validity and enforceability of any of the remaining conditions.
GASTEA may, without prior notice, suspend or terminate USER's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set out herein or any applicable legal provision, licence, regulation, directive, code of practice or policy of use.
When GASTEA exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to GASTEA.
13. GUARANTEES AND RETURNS
The warranty for the services offered shall comply with the following articles based on Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to them for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
Contracts for the sale of goods and contracts for the supply of goods which are to be manufactured or produced are included within the scope of this title.
2. The provisions of this title shall not apply to goods purchased by judicial sale, to water or gas, when not packaged for sale in limited volume or determined quantities, and to electricity. Nor shall it apply to second-hand goods purchased at an administrative auction at which consumers and users can attend in person.
Article 116. Conformity of goods with the contract.
Unless proven otherwise, goods shall be deemed to comply with the contract if they meet all the following requirements, unless any of them are not applicable due to the circumstances of the case:
a) Correspond to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) Be suitable for the uses normally intended for goods of the same kind.
c) Be suitable for any special purpose required by the consumer and user when they have made it known to the seller at the time of the conclusion of the contract, provided that the latter has acknowledged that the product is suitable for said purpose.
d) They shall present the usual quality and performance of a product of the same type that the consumer and user may reasonably expect, taking into account the nature of the product and, where appropriate, the public statements made about the specific characteristics of the products by the seller, the producer or their representative, in particular in advertising or on the labelling. The seller shall not be bound by such public statements if they demonstrate that they were unaware of and could not reasonably have been expected to be aware of the statement in question, that such statement had been corrected at the time of the conclusion of the contract, or that such statement could not have influenced the decision to purchase the product.
2. A lack of conformity resulting from incorrect installation of the product shall be deemed to be a lack of conformity of the product when installation is included in the contract of sale or supply governed by Article 115(1) and has been carried out by the seller or under its responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There shall be no liability for non-conformities that the consumer knew or could not reasonably have been unaware of at the time of the conclusion of the contract, or that originate from materials supplied by the consumer.
Article 117. Incompatibility of actions.
The exercise of the rights provided for in this title will be incompatible with the exercise of the rights arising from the warranty for hidden defects in the sale.
In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages and losses arising from the lack of conformity.
Article 118. Seller's liability and consumer and user rights.
The consumer and user have the right to the repair of the product, its replacement, a price reduction or the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between requesting the repair or the replacement of the product, unless one of these options is objectively impossible or disproportionate. From the moment the consumer and user communicate their chosen option to the seller, both parties shall be bound by it. This decision by the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fail to bring the product into conformity with the contract.
2. The method of remedy shall be considered disproportionate if, in comparison to the other, it imposes unreasonable costs on the seller, taking into account the value the product would have had without the lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without significant inconvenience to the consumer.
In order to determine whether costs are unreasonable, the expenses relating to one form of sanitation must also be considerably higher than the expenses relating to the other form of sanitation.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. Such gratuity shall cover the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labour and materials.
b) They must take place within a reasonable time and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose they served for the consumer.
c) The repair suspends the calculation of the time periods referred to in Article 123. The suspension period shall commence from when the consumer makes the product available to the seller and shall conclude with the return of the repaired product to the consumer. During the six months following the return of the repaired product, the seller shall be liable for any lack of conformity that motivated the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.
d) If, once the repair is completed and the product has been delivered, it still does not conform to the contract, the consumer may demand the replacement of the product, unless this option is disproportionate, a price reduction, or the termination of the contract, in accordance with the terms set out in this chapter.
e) The substitution shall suspend the time limits referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. Article 123.1, second paragraph, shall apply to the replacement product in all cases.
f) If the replacement fails to bring the product into conformity with the contract, the consumer may demand repair of the product, unless this option is disproportionate, a reduction in price, or the termination of the contract on the terms provided for in this chapter.
g) The consumer and user cannot demand replacement in the case of non-fungible goods, nor when it comes to second-hand goods.
Article 121. Price reduction and contract termination.
The price reduction and contract termination shall proceed, at the consumer's choice, when they cannot demand repair or replacement, and in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer. Termination shall not apply when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that they will only be liable for any diminished value of the goods resulting from handling them beyond what is necessary to ascertain their nature, characteristics, or functioning. In no event will the USER be liable for any diminished value of the goods if the trader has failed to inform them of their right of withdrawal in accordance with Article 97(1)(i).
Article 122. Criteria for price reduction.
The price reduction shall be proportional to the difference between the value which the goods would have had at the time of delivery had they conformed to the contract and the value which the goods actually delivered had at the time of such delivery.
Article 123. Deadlines.
1. The seller is responsible for any lack of conformity that becomes apparent within two years of delivery. For second-hand goods, the seller and the consumer may agree on a shorter period, which cannot be less than one year from delivery. Unless proven otherwise, any lack of conformity that becomes apparent within six months of the product’s delivery, whether new or second-hand, shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is deemed to have been made on the date shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user, who exercises their right to repair or replacement, with documentary proof of the product's delivery, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date thereof and, where applicable, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this title shall be time-barred three years from the delivery of the product.
5. The consumer and user shall inform the seller of the lack of conformity within two months of becoming aware of it. Failure to meet this deadline shall not result in the loss of the corresponding warranty rights; however, the consumer and user shall be liable for any damages or losses actually caused by the delay in communication. Unless proven otherwise, the communication by the consumer and user shall be deemed to have occurred within the established timeframe.
Article 124. Action against the producer.
*When it is impossible or excessively burdensome for the consumer and user to address the seller due to the non-conformity of the goods with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the goods.*.
Generally, and notwithstanding that the producer's liability shall cease, for the purposes of this title, under the same time limits and conditions as those established for the seller, the producer shall be liable for a lack of conformity when it refers to the origin, identity or suitability of the goods, in accordance with their nature and purpose and with the rules governing them.
Anyone who has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. Said period is counted from the moment the remedy was completed.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by or interpreted in accordance with Spanish legislation for matters not expressly provided for. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of products or services subject to these Terms and Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, consult clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these Terms and Conditions.