Nerivio® Online Store – Terms and Conditions
The following provisions constitute the general terms and conditions (“Terms and Conditions”) for all orders placed through the Nerivio® Online Store ("Online Store") between you and Reddy Pharma Iberia S.A.U., Avenida Josep Tarradellas, 38 08029 Barcelona, Spain (“Reddy Pharma Iberia”).
The Terms and Conditions are accepted by acknowledging and agreeing to them by checking a checkbox in the process of setting up a customer account at the Online Store. Please read these Terms and Conditions carefully before placing an order with Reddy Pharma Iberia.
Reddy Pharma Iberia reserves the right to change these Terms and Conditions, at any time. Your order will be subject to the Terms and Conditions in effect at the time of your order unless a change to these Terms and Conditions is required by law or governmental order (in which case these changed Terms and Conditions will also apply to previous orders) or you have agreed to a subsequent change in these Terms and Conditions.
Reddy Pharma Iberia may offer special promotions subject to separate terms and conditions. If you make use of such special promotions from Reddy Pharma Iberia, the respective separate terms and conditions will apply in addition to these Terms and Conditions or replace them in whole or in part.
I. Your Customer Account
To order Nerivio® products via the Online Store, you need to set up a customer account. It is your responsibility to ensure that the information you provide to us is accurate and complete and to notify us of any changes to the information you provide. You can review and update the information you have provided to us in your customer account on our website.
To the extent permitted by applicable law, you agree to be responsible for all activities that occur under your customer account. After you have been provided with your login credentials, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We recommend to take suitable precautions to ensure that your password is kept secret and stored securely. Please inform us immediately if you have reason to be concerned that a third party has gained knowledge of your password or that the password is being used without your consent or that such unauthorized use is to be feared.
We reserve the right to deactivate or delete your customer account in the event of misuse, in particular in case of a violation of applicable laws or these Terms and Conditions.
II. Conclusion of the Contract
1. Ordering Nerivio® Products
You can purchase the Nerivio® products presented in the Online Store via your own customer account provided you can present a valid prescription issued by a Spanish physician for you for any of the Nerivio® products.
In case you place an order on behalf of a minor or a person under custodianship, you need to notify Reddy Pharma Iberia of this during the order process and explicitly confirm power of attorney for this patient. As part of the order process, you need to provide a valid prescription issued by a Spanish physician for any of the Nerivio® products for this patient.
2. TRIAL PROGRAM
2.1 For First-Time Users
As a new customer, you have the option to participate in our 45-Day Trial Program. Participation in the Trial Program is subject to Article II clauses 2.2, 2.3 and 2.4 and which shall be applicable in addition to the other Terms and Conditions, as mentioned herein.
2.2 Description of Trial Program
A trial program ("Trial") is a one-time exclusive offer for first-time users allowing them to try Nerivio® without upfront payment for 45 days. The Trial includes full access to the Nerivio® product and support services and the payment will be processed only after the end of the trial period if the customer decides to keep the device.
2.3 Eligibility and Availability
The Trial may be offered on a one time-basis to first-time customers with a valid written medical indication prescription for Nerivio® product. The written medical indication prescription must valid and shall undergo the validation as mentioned under Article II clause 4 of the Terms and Conditions. The availability of the Trial may vary by region and is subject to device availability. We reserve the right to modify or withdraw the Trial offer at any time. Only one Trial is permitted per customer. Trial is non transferable and cannot be combined with other promotional offers.
2.4 Trial Terms
The customer participating in the Trial is required to authorize a valid payment method as per Article IV Clause 2, at the time of trial initiation while placing the order. No charges for Nerivio® product will be processed during the trial period. If the Trial is not cancelled within the 45-days period from the date of order, the authorized payment method will be automatically fully charged towards the for Nerivio® product on the 46th day from the date of Order. Customers may cancel the Trial at any time during the 45-days trial period by contacting Customer Service as per the details provided in the Online Store or this Terms and Conditions and further by returning the device within 14 days of cancellation as per the terms of Article VIII of the Terms and Conditions.
3. Legally binding offer by customer when placing an order
To place an order for any Nerivio® product via the Online Store, you must add the product(s) you wish to purchase to your shopping cart, follow the instructions during the order process and provide the requested information (e.g., your billing address, deviating delivery address if applicable, means of payment, shipping method).
To complete the order process, you need to submit a prescription issued by a physician practicing in Spain for the Nerivio® product you want to purchase. The prescription must be uploaded as a scan in .pdf, .jpg, .png and .heic formats during the order process.
Before placing a legally binding offer, you will be informed of the application of these Terms and Conditions as well as Reddy Pharma Iberia's instructions on withdrawal contained herein (see point VI).
By clicking the button "Buy now" at the end of the order process, you submit a legally binding offer to conclude a contract for the products added to your shopping cart (“Binding Offer”).
Please note: By displaying Nerivio® products in the Online Store, Reddy Pharma Iberia does not make a legally binding offer to enter into a contract. The contract between you and Reddy Pharma Iberia will be concluded only upon acceptance of your Binding Offer after validation of the submitted prescription (see below under point 4). Any confirmation of receipt of your order issued immediately upon receiving your Binding Offer and prior to the validation of the submitted prescription shall not constitute a legally binding acceptance of your offer.
4. Prescription validation process
Once we have received your order, Reddy Pharma Iberia will review the submitted prescription and check, inter alia, whether the prescription data matches with the patient information submitted during the order process and whether the prescription was issued by a doctor practicing in Spain.
Should there be any concerns regarding the submitted prescription, Reddy Pharma Iberia’s customer service will get in touch with you to solve the issue. Please note that no contract will be concluded between you and Reddy Pharma Iberia in case of a failed validation of the prescription. In this case, we will reimburse to you all payments already received from you, if any.
In case of a successful validation of the prescription submitted and subject to availability of product stock, Reddy Pharma Iberia will notify you of the acceptance of your order via e-mail including an invoice for the ordered goods to your e-mail address associated with your customer account.
5. Legally binding Acceptance by Reddy Pharma Iberia
The notification of the acceptance of your order sent to you via e-mail after successful validation of the submitted prescription constitutes a legally binding acceptance of your Binding Offer. In case the ordered goods are already shipped before receipt of such notification, this process already constitutes a legally binding acceptance of your Binding Offer.
6. Contractual Language and COntract text
The contract may be concluded in Spanish or English language.
The contract text, consisting of the order details and Terms and Conditions, will be saved by us and sent to you via e-mail.
III. Supply
Reddy Pharma Iberia will deliver this Nerivio® device ordered according to the terms of delivery as set forth below (see point V).
IV. Prices and terms of payment
1. Prices
All prices include the statutory value added tax. The costs of delivery are covered by Reddy Pharma Iberia.
2. Means of Payment
Payment may be made via credit card, PayPal or Klarna. In principle, all methods of payment are available to customers in accordance with the terms of payment set forth in this Section 2 and Section 3. However, we reserve the right to offer only specific payment methods for the requested delivery.
2.1. Trial Program Payment Authorization:
a) Valid payment method must be provided at trial initiation/ at the time of placing the order for Nerivio® product in the Online Store
b) No immediate charge for Nerivio® product will be applicable for first time for a new customer during the trial period of 45 days
c) you may be charged a nominal amount while authorizing your card / payment method, as per the terms and conditions of the payment provider and we do not have any control on these charges
d) Authorization for payment of Nerivio® product needs to be maintained throughout trial period of 45 days
e) Payment will be processed on day 46th day, if trial is not cancelled
f) Failed payment authorizations may result in trial termination and the customer will be required to return the Nerivio® product
2.2. Payment by credit card
Payment is possible with the following credit cards: Visa, American Express and Mastercard.
You immediately pay during the ordering process by entering your credit card details into the frame provided by Reddy Pharma Iberia´s service provider. Your credit card will be charged with the actual invoiced amount after deduction of any discounts, vouchers, etc.
2.3. Payment via PayPal
For payment via PayPal you will be redirected directly to PayPal during the order process. You pay directly via your PayPal account according to PayPal’s general terms and conditions (available here). Your PayPal account will be debited with the actual invoiced amount after deduction of any discounts, vouchers, etc. upon order confirmation.
In cooperation with PayPal, we offer you the payment methods , For more information, please see PayPal's general terms and conditions (available here). Your personal data is handled in accordance with applicable data protection law and in accordance with the information in PayPal ´s privacy statement (available here).
2.4. Payment via Klarna
For payment via Klarna you will be redirected directly to Klarna. You pay directly via your Klarna account according to Klarna’s general terms and conditions (available here). Your Klarna account will be debited with the actual invoiced amount after deduction of any discounts, vouchers, etc. only upon order confirmation.
In cooperation with Klarna, we also offer you the payment methods “Pay Now” and “Pay in 30 days after purchase” . In this case, payment is made to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). For more information, please see Klarna’s general terms and conditions (available here). Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna´s privacy statement (available here).
3. Terms of Payment
The ordered products will only be dispatched after receipt of payment and successful prescription validation.
4. Promotional voucherS
Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Multiple promotional vouchers cannot be combined with each other unless agreed otherwise. Promotional vouchers can only be redeemed prior to completion of the order process. Subsequent crediting is not possible. The value of a promotional voucher is neither paid out in cash nor does it bear interest.
In case of a partial withdrawal from an order for which you have used a promotional voucher, we reserve the right to charge you the original price of the goods you are keeping if - due to your withdrawal - the total value of the order falls below or equals the value of the promotional voucher. The amount of discount provided under the promotional voucher will not be refunded if goods are returned in whole or in part.
Please note: Reddy Pharma Iberia may offer promotional vouchers subject to separate terms and conditions. If you make use of such promotional vouchers from Reddy Pharma Iberia, the respective separate terms and conditions will apply in addition to these Terms and Conditions or replace them in whole or in part.
5. Retention of title
The delivered products remain the property of Reddy Pharma Iberia until full payment has been received.
6. Invoices
By placing your order via the Online Store, you agree that the invoice for your order is exclusively provided electronically via e-mail as an attachment to the notification of the acceptance of your order after successful validation of the submitted prescription.
V. Terms of delivery
Delivery will be made to the delivery address specified in the order process. Unless otherwise specified, the delivery time is up to (i) three (3) business days for Spain mainland and (ii) Four (4) business days for Canary Island, from the time of shipping confirmation.
All information on availability, shipping or delivery of goods are only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates unless explicitly stated as a binding date in the shipping options for the respective Nerivio® product. If Reddy Pharma Iberia discovers during processing of your order that Nerivio® products ordered by you are not available for a longer period of time, you will be informed separately by e-mail or mail. Legal claims remain unaffected by this.
Please note that delivery can only be made within Spain and Canary Island.
As we cannot ensure that our medical devices will be properly stored and delivered by the logistics company, we will only warrant and bear the risk of loss of the order to the delivery address or to the logistics company's shipping address as provided to Reddy Pharma Iberia.
VI. Instructions on Withdrawal
1. Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days, starting
- in the event that you have ordered several goods from Reddy Pharma Iberia as part of a single order, which are delivered separately, on the day that you or a third party other than the carrier and named by you has received the last of the goods, or
- in the event that you have contracted with Reddy Pharma Iberia for the regular delivery of goods over a fixed period of time, on the day that you or a third party other than the carrier and named by you has received the first goods.
- in the event the goods ordered by you are delivered in several partial shipments or items, on the day that you or a third party other than the carrier and named by you has received the last partial shipment or the last item,
- in all other cases where you order one item or several items to be delivered to you in one shipment under one contract, on the day that you or a third party other than the carrier and named by you has received the goods.
To exercise your right of withdrawal, you must inform us (Reddy Pharma Iberia Iberia S.A.U. Avenida Josep Tarradellas, 38 08029 Barcelona, Spain , Tel.: _+34 93 355 49 16 E-Mail: [email protected]_________) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Please note: Unless agreed otherwise, the right of withdrawal does not apply to the following contracts: contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
2. Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery with the exception of additional delivery costs resulting from the fact that you opted for a type of delivery other than the least expensive type of standard delivery offered by Reddy Pharma Iberia. Refund will be made without undue delay and in any event no later than within fourteen (14) days from the day of which we received your declaration of withdrawal.
For refunding, Reddy Pharma Iberia will use the same means of payment that you chose for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not be charged with any fees as a result of such refund. We may withhold refund until we have received the goods back or you have supplied sufficient evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any case no later than fourteen (14) days from the day of which you communicate your withdrawal of this contract. The deadline is met if you send back the goods before the period of fourteen (14) days has expired.
We will bear the costs of return shipment.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on withdrawal
3. Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To
Reddy Pharma Iberia Iberia S.A.U.
Avenida Josep Tarradellas, 38
08029 Barcelona,
Spain E-Mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the fol- lowing goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper-based communication):
Date:
(*) Delete as appropriate.
VII. RETURN POLICIES
A. Trial Program Cancellation During 45-Days Trial:
• Cancel anytime during 45days trial period by contacting the Customer Service team
• No payment will be charged for any Nerivio® product which is cancelled during the trial period
• Return device within 14 days of cancellation as per the instructions of the Customer Service team
• Free return shipping provided for the trial Nerivio® product, Provided there should not be any major damages to the Nerivio® product and it must be functional (except normal wear and tear )
B. Standard Returns (After Trial or Regular Purchase):
• Within 14 days of purchase of any subsequent Nerivio product
• Device must be unopened/unused
• Original packaging required
• Full refund of purchase price
VIII. E-waste Collection
Should your Nerivio® product become unusable, you have two convenient options for disposing of the product: either bring the device to a local e-waste collection point or use the shipping label provided through your customer account to ship the device back to us via return shipping provider at no extra cost. Reddy Pharma Iberia is committed to environmentally responsible disposal of the product in cooperation with our recycling partner.
IX. Warranty
You are entitled to the statutory warranty claims for all defects of the purchased items occurring during the statutory warranty period.
In case Reddy Pharma Iberia delivers a new product to replace a defective one, you have to return the first delivered goods within 30 days to the address indicated by the customer service at the expense of Reddy Pharma Iberia. The return of the defective goods shall be made in accordance with the statutory provisions. Reddy Pharma Iberia may also decide to have the goods collected from you at Reddy Pharma Iberia's expense.
Reddy Pharma Iberia does not give any additional warranties against defects other than the rights provided by law.
Please note that you may be entitled to warranty claims towards the manufacturer of Nerivio® devices, Theranica Bio-Electrics LTD, pursuant to the terms and conditions of the manufacturer’s one year limited warranty policy (available here).
X. Limitation of liability
Reddy Pharma Iberia shall be liable without limitation to the extent that the damage was caused by intentional or grossly negligent breach of duty by Reddy Pharma Iberia or one of its representatives or vicarious agents.
Furthermore, Reddy Pharma Iberia shall be liable for the slightly negligent breach of material contractual obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you regularly rely. In this case, however, Reddy Pharma Iberia shall only be liable for the foreseeable damage typical for the contract. Reddy Pharma Iberia shall not be liable for any slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, body or health, in the event of the assumption of a warranty and in the event of fraudulently concealed defects.
Any liability under the Spanish Consumer Protection Act (Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws) remains unaffected.
To the extent that the liability of Reddy Pharma Iberia is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
XI. Applicable Law
The law of Spain shall apply to the contracts concluded between you and Reddy Pharma Iberia with the exception of its rules on conflicts of laws and of the United Nations Convention on the International Sale of Goods (CISG).
XII. Customer Service
Any questions or complaints about our service and/or the Nerivio® products, including reports of defects and assertion of warranty rights, can be addressed to our customer service:
Reddy Pharma Iberia S.A.U
E-mail: [email protected]
Free telephone hotline: +34 93 355 49 16
Our customer service is available via telephone Mon-Frid 9am - 6pm
XIII. Patient Support Program
If you have any questions on use of Nerivio® you can addressed it to our patient support team, via:
Telephone: 900 101 856
Email: [email protected]1. T Our patient support team is available via telephone: 9am to 6pm from Monday to Friday
