This document sets forth the Terms and Conditions governing the purchase of products through this website (hereinafter, the "TERMS AND CONDITIONS").
This contractual document shall govern the procurement of products through the website pampadrugstore.com/net, owned by PAMPA ONLINE SL, hereinafter referred to as PROVIDER, whose contact details also appear on the Legal Notice of this Web.
Any order placed with the online store pampadrugstore.com necessarily implies, as an essential, determining and indispensable condition, the unreserved acceptance by the customer of the General Conditions of Sale of the Pampa Drugstore online store in force on the day on which the corresponding order is placed. In addition, the Customer acknowledges that the acceptance of these conditions will imply their application to the order to which they refer, as well as to any subsequent order, except in cases where new conditions are brought to its attention by the online store pampadrugstore.net.
It is the user's responsibility to read these conditions periodically, as those in force at the time of placing the order will be applicable.
The fact that pampadrugstore.net online store does not have recourse at any given time to any of these terms and conditions shall not be construed as or be equivalent to waiving recourse to them in the future or in the past.
Contracts shall not be subject to any formality except as expressly provided in the Civil and Commercial Codes and in this or other special laws.
The interpretation and execution of the conditions, as well as all acts resulting from them, shall be subject to Spanish law, unless there are public policy provisions to the contrary.
Therefore, the acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- It is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website. The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
Identities of the parties
On the one hand, Pampa Online, S.L. owner of the website http://pampadrugstore.netWith NIF B02979862 as supplier of the products contracted by the consumer and/or user, with registered office at C/ del Carme nº 7 - 08001 - Barcelona - Spain. Contact address email@example.com and telephone (+34) 933026014.
On the other hand, the user, registered on the website and whose purpose is to be a consumer and / or user of the same and / or hire products or services pampadrugstore.net. The consumer and / or user is responsible for the data provided to pampadrugstore.net and therefore responsible for the accuracy of the data provided on this website.
Object of the contract
The contractual purchase and sale relationship involves the delivery of a product in exchange for a specific price on the website.
The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1) General contracting clauses.
2) Shipment of orders.
3) Right of withdrawal.
5) Force majeure.
7) General information about the offer.
8) Price and bid validity period.
9) Transportation costs.
10) Form of payment, expenses and discounts.
11) Purchase process.
12) Applicable warranties.
13) Warranties and returns.
14) Applicable law and jurisdiction.
1. General contract clauses
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. Shipment of orders
The PROVIDER will not ship any order until it has verified that payment has been made. Shipments of goods will usually be made by MESSENGER (POSTAL, CORREOS, GLS, SEUR, UPS, Correos Express, etc.), according to the destination designated by the USER.
Once issued, purchases cannot be cancelled. In the event that the PURCHASER i would like to cancel the purchase once the order has left our warehouse, the PURCHASER will be charged for the shipping costs both to and from our warehouse.
The delivery dates or deadlines shall be understood to be approximate, and delay shall not constitute a material breach.
In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer is entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working days in mainland Spain, depending on the destination town and the chosen payment method. The other European destinations have approximate delivery times according to the carrier's deadlines. A delivery attempt is made, if the recipient is absent, the carrier, may leave the package in a Parcel Shop prior management by the customer, to be picked up by the customer. If the customer does not pick it up within 5 days, the package will be returned to origin by the carrier, being the cost of return to origin assumed by the buyer, since the responsibility to pick up the package is the same. Likewise, the customer will also be responsible for the cost of shipping to destination, therefore the amount of the products will be refunded after deducting the cost of shipping and return.
This delivery term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the USER. Also due to causes beyond the provider's control, and due to exceptional transport situations, such as strikes, meteorological phenomena, etc., so our company is exempt from any liability if the service cannot be performed and will not accept penalties for incidents and rejections for these reasons. It is also essential to provide a contact telephone number at destination (local, as carriers do not make international calls), in order to facilitate the delivery of the package. Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed or provided his/her document upon receipt of the delivery. It is the responsibility of the USER to verify the products upon receipt and state all reservations and claims that may be justified in the delivery receipt document.
3. Right of withdrawal
The USER has the same rights and deadlines to proceed with the return and/or claim the possible vices or defects of the product or service, both online and offline.
The USER has a within fourteen calendar days, counted from the date of receipt of the product, for the return of the product (Article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs related to the return (shipping costs) will be borne by the USER.
The product must be returned in its original packaging and in perfect condition. The right of withdrawal may not be applied in the following cases:
If the product is not presented in perfect condition.
If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
When the product is open without being able to prove that it has not been used. In software applications that are directly downloaded through the portal.
When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of March 27.
Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by e-mail to firstname.lastname@example.org, indicating the invoice or order number. Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number in the letter of shipment, with the transport costs to be paid by the user, at the address of Pampa Drugstore: Carrer del Carme nº7 - Barcelona (08001) Barcelona.
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses: Postal: Pampa Online S.L. Carrer del Carme nº 7 Barcelona 08001 (Barcelona) or Mail: email@example.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force Majeure
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any provision of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, to know and to accept the present General Conditions in all their extension.
7. General information about the offer
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions. No modification, alteration or agreement contrary to Pampa Drugstore's Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail. Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
8. Prices and Offer Validity Period
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable, according to the country of destination. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the pampadrugstore.net website and are expressed in EURO currency.
The USER assumes that the economic valuation of some of the products may vary in real time. Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase.
Prices may change daily until the order is placed. Once an order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER. For any information about the order, the USER may contact the customer service email address firstname.lastname@example.org
Offers on products for sale in the pampadrugstore.net online store will be indicated on the product page and, if not otherwise indicated, will be valid as long as they are displayed on the screen.
The discount vouchers will have a validity and special conditions for their use (minimum purchase amount, expiration date, etc). Please consult the specifications of each voucher before using it.
9. Transportation Expenses
Prices do not include shipping or communication costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket and are specified in it, before making the purchase and entering data, simply by selecting the country and / or province of destination. The shipping cost is calculated according to the weight of the products, being priced in tranches of 5 kilos.
In addition, there are occasional delivery offers:
- FREE DELIVERY (only on Web orders) Free only on standard shipping and on orders over 50 € in mainland Spain, 70 € in Portugal, 100 € in Balearic Islands, and 130 ¤€ in the following European countries: France, Italy, Germany, Austria, Belgium, Denmark, Luxembourg, Netherlands, Poland, and Czech Republic.
More info at: https://www.pampadrugstore.net/en/content/1-how-do-we-ship-your-order
Shipping and returns
You can consult the shipping and return policy at the following link https://www.pampadrugstore.net/en/content/1-how-do-we-ship-your-order, or, alternatively, in the corresponding section at the bottom of the page.
International Shipments outside the European Union
Products shipped outside the European Union are not subject to Value Added Tax (VAT) at the rate applicable to the goods purchased by the government of Spain. Once the package arrives at its destination country, any customs or import duty charges levied by the government of the destination country must be borne by the consignee, i.e., you.
Pampa Drugstore.net is not responsible for any additional charges imposed by the government of the receiving country. By placing an order on our website, the customer acknowledges that the recipient accepts responsibility for any charges applied by their government (including, but not limited to taxes, duties, maintenance fees, etc). Pampa Drugstore.net has no control over these charges and we cannot predict what your government will make you pay. Customs policies vary widely from country to country and are often subject to change. Pampa Drugstore.net advises each customer to contact their customs office for more information before placing an order with us.
In addition, Pampa Drugstore will also not be responsible for any additional costs incurred as a result of customers refusing to pay applicable customs charges, whereby we will charge the recipient for any costs incurred by Pampa Drugstore.net as a result of the recipient's refusal to pay applicable taxes or Customs charges.
It should be added that in all cases, Pampa Drugstore.net will receive payment in Euros. However, your bank may show a different currency value, Pampa Drugstore.net is not responsible for any conversions or additional charges that your bank card may apply.
10. Methods of payment
When placing the order, the customer can freely choose to pay for purchases made in the online store pampadrugstore.net through:
- Bank transfer: The buyer to make the payment by this method must make a bank transfer (determining in the concept the reference of the order) within a maximum period of 3 working days from the placement of the order. The company reserves the right to cancel the order if we have not received confirmation of the transfer after this period. The bank account will be shown to the customer when he/she chooses this method of payment. This method of payment is available in EU countries only.
- PayPal: Redirects to the partner's platform. Payment by this method carries a commission of 2.5%, due to the high commissions that Paypal passes on to the seller.
- Credit/debit card: through the virtual POS. Through this payment method, the buyer will have to provide his card number, expiration date and CVV number. In this case, your data will be encrypted and sent under secure server to the bank's virtual POS. This procedure does not provide the card number to pampadrugstore.net
- BizumBizum: As with the credit card, the User's Bizum data is provided to the secure server of the bank's Virtual POS. This procedure does not provide bank details to pampadrugstore.net
11. Purchasing process
To browse the store and add products to the cart is not necessary to be registered. However, to make the purchase may be necessary to register as a user or you can buy without registration. We will request your personal data to generate your customer file, such data will be protected under the provisions of Law 15/1999 of 13 December on the Protection of Personal Data.
With your user account you will be able to make purchases and benefit from discounts, promotions and gifts that we offer to our customers.
In your account you will be able to consult your order history and details, your shipping addresses, your payment methods, your discount vouchers, etc.
Simulation: Any product on our website can be added to the shopping cart. In the shopping cart, only the items, quantity, price and total amount will be displayed.
Once the basket is saved, when the destination is indicated, taxes, shipping charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides. From the basket you can place an order following the next steps for its correct formalization:
- Verification of invoicing data.
- Verification of the shipping address.
- Selection of the payment method.
- Place the order (buy).
Discounts and promotions: We offer discount coupons and specific offers, related to different promotions. All discount coupons have an expiration date and also a minimum purchase amount that will be specified in each discount, being always the minimum purchase amount to take advantage of the coupons of 50€.
To buy in the online store pampadrugstore.net you must be a user and over 18 years old.
You will then be asked to choose the type of shipment. These rates are calculated according to the delivery address provided, the total weight of the package and the type of shipment (normal or cold, if applicable)
Finally, you must choose the payment method, either by bank transfer, debit or credit card, or Bizum
Once the order is processed, the system sends an email to the PROVIDER. Within a maximum of 24 hours, on working days, an email will be sent to confirm the status of the order.
12. Applicable warranties
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13. Warranties and returns
The guarantee of the products offered will respond to the following articles based on the Law 23/2003, of July 10, 2003, of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:
1. They conform to the description made by PAMPA ONLINE SL.
2. Are suitable for the uses to which products of the same type are ordinarily destined.
3. Are suitable for any special use required by the customer when it has brought it to the attention of PAMPA ONLINE SL at the time of conclusion of the contract, provided that it has admitted that the product is suitable for this use.
4. Present the usual quality and performance of a product of the same type that the customer can reasonably expect, given the nature of this and, where appropriate, the descriptions of the specific characteristics of the products made by PAMPA ONLINE SL
5. PAMPA ONLINE, SL describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so it is not bound by these public statements.
2. The lack of conformity resulting from improper installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been made by PAMPA ONLINE SL or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. No liability shall be incurred for non-conformities which the USER knows or could not have been unaware of at the time of conclusion of the contract or which originate in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER PAMPA ONLINE SL will respond to the USER of any lack of conformity that exists at the time of delivery of the product. PAMPA ONLINE SL recognizes the USER the right to repair the product, its replacement, price reduction and termination of the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER communicates to PAMPA ONLINE SL the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases where the repair or replacement fails to bring the product into conformity with the contract.
2. It shall be deemed disproportionate any form of remedy that imposes on PAMPA ONLINE SL costs that, compared to the other form of remedy, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be performed without major inconvenience to the USER.
IV) Rules for the repair or replacement of the product:
Repair and replacement shall conform to the following rules:
1. They will be free of charge for the USER. This free of charge shall include 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 labor and materials.
2. They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
3. The repair suspends the computation of the periods referred to in Article VII. The suspension period will begin when the USER makes the product available to PAMPA ONLINE SL and will end with the delivery to the USER of the repaired product. During the six months after delivery of the repaired product, PAMPA ONLINE SL will be responsible for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when the product reproduces defects of the same origin as those initially manifested.
4. The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII shall apply to the substitute product.
5. If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the USER may demand the replacement of the product, within the limits set forth in paragraph 2 of Article IV, or a price reduction or the termination of the contract under the terms of Article V.
6. If the replacement fails to bring the product into conformity with the contract, the USER may demand repair of the product, within the limits set forth in Article IV, paragraph 2, or a price reduction or termination of the contract under the terms of Articles V and VI.
7. The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract, and the value that the product actually delivered had at the time of delivery.
VIII) Action against the producer
When it is impossible for the USER or it is an excessive burden to contact PAMPA ONLINE SL for lack of conformity of the products with the contract of sale, you can claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer's liability ceases, in the same terms and conditions as those established for PAMPA ONLINE SL, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, according to their nature and purpose and the rules governing them.
Producer means the manufacturer of a product or the importer thereof in the territory of the European Union, or any person who presents himself as such by indicating on the product its name, trademark or other distinctive sign. Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.
The offers presented by the online store pampadrugstore.net are valid within the limit of available stock and the dates set for the offer. The online store pampadrugstore.net reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.
In the event that the selected product is not available as stock, on the product page the user will be able to provide his email address so that the company can contact the user once the product is available by email. Pampadrugstore.net will also offer other options among which are the replacement of the product for another of equal value, waiting for the selected product until new availability of the product, the generation of a discount voucher for the amount provided, to be used in future purchases, without expiration date or the refund of the value of the missing product.
Repair and replacement shall be free of charge for the user. Such free of charge shall include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
It is the customer's obligation to deliver the defective merchandise by their own means in order to process the warranty, once received and approved the warranty, pampadrugstore.net will proceed to replace the product by sending it to the customer postage prepaid, without costing the customer any additional expense.
At any time you may contact us to request more information or to resolve your doubts.
14. Applicable law and jurisdiction
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly set forth herein.
The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services object of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of BARCELONA (Spain).