Purchase Policy
I.- PURPOSE AND SCOPE OF APPLICATION
These General Conditions govern the contracting of the medical device MaiRa Test, marketed by IPREMOM PREGNANCY HEALTHCARE DIAGNOSTICS SL, hereinafter IPREMOM PREGNANCY, a commercial company operating online from its website www.ipremom.com, selling to its customers the first test on the market, based on a maternal blood sample, that makes it possible to identify the risk of preeclampsia at an early stage.
This test is predictive and preventive in nature and in no case constitutes a definitive medical diagnosis nor does it replace clinical assessment by qualified healthcare professionals.
The clauses set out below form the framework contract that all users who access the website www.ipremom.com are obliged to know and accept. Solely for the purposes of these general conditions, the term “user” includes any internet user who accesses the website www.ipremom.com, whether directly or from any other website.
The services offered by IPREMOM PREGNANCY on this website shall be governed by the conditions contained in this contract. IPREMOM PREGNANCY reserves the right to modify, in whole or in part, these general conditions, the new ones agreed being applicable from the moment of their publication on the website. In any case, the aforementioned modifications shall not have retroactive effects on the goods or services previously contracted by users.
These General Conditions are binding on both parties and form an integral and inseparable part of the contract of sale, whose effectiveness operates at the moment the order is placed at the customer's request, through the contracting mechanisms specified below, all in accordance with the provisions of art. 1.255 of the Civil Code, which sets out the principle of freedom of contract and agreements between the contracting parties. For all purposes, it shall be understood that, by placing an order, the user accepts the conditions and rules of use set out herein.
In order to fully guarantee the rights of IPREMOM PREGNANCY's consumers and users, these General Conditions are established in accordance with the provisions of Spanish law, and in particular with Law 3/2014, of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 7/98 of 13 April on the General Conditions of Contracting, Law 7/96 of 15 January on the Regulation of Retail Trade, the Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Royal Decree-Law 7/2021 on the sale of goods and the supply of digital content or services, and Law 34/2002 of 11 July on information society services and electronic commerce.
II.- IDENTIFICATION AND CORPORATE NAME OF THE OFFERING COMPANY
IPREMOM PREGNANCY HEALTHCARE DIAGNOSTICS SL, with registered office at Ronda Narcis Monturiol Estarriol, 11 C, Paterna 46980 (Valencia), with Tax ID (CIF) B40592891, provides its online electronic sales services on its website www.ipremom.com
Its contact address is the email rgpd@ipremom.com. The address for the purposes of complaints shall be the one indicated as the company's registered office.
III.-PURPOSE
These General Conditions govern the contracting of products and services offered by IPREMOM PREGNANCY and the advertising directed at its customers/users, all through its website, as well as the rights and obligations of the parties arising from the sale transactions agreed between them.
IV.- NATURE OF THE PRODUCT
El The MaiRa Test:
- Is an in vitro diagnostic medical device (where applicable in accordance with Regulation (EU) 2017/746).
- Requires obtaining a biological sample (maternal blood).
- May involve the intervention of qualified healthcare personnel for the collection.
- Generates information relating to the patient's health (special category of data in accordance with the GDPR).
- The user declares that they are aware of and accept these characteristics before purchase.
V.- LEGAL CONDITIONS FOR THE PROVISION OF THE SERVICE AND LIABILITY. CLARITY AND TRANSPARENCY IN THE INFORMATION
IPREMOM PREGNANCY, in compliance with the provisions of art. 10 of Law 34/2002 of 11 July, through its website and these General Conditions, enables permanent, easy, direct and free access by electronic means to the information comprising its corporate name (tax, registry, address and communication address details), as well as to the customer's data, accessible exclusively by the customer, held by the company.
VI.- ACCESS CONDITIONS FOR THE USER/CUSTOMER
The user of IPREMOM PREGNANCY's website shall have the right to free access to the public information contained therein, although IPREMOM PREGNANCY reserves the right to restrict access to information, promotions and special offers to its registered customers.
Cualquier usuario que acceda a la página web de IPREMOM PREGNANCY tiene derecho a registrarse como cliente, pudiendo por tanto acogerse a las ofertas especiales destinadas al colectivo de clientes registrados si cumple con las concretas condiciones de la oferta que para cada producto se especifiquen.
The public information contained on IPREMOM PREGNANCY's website, relating both to the company IPREMOM PREGNANCY and to the brands, products, logos, etc. of the wholesalers and manufacturers of the products and services offered, is protected by the legal provisions on intellectual and industrial property. Therefore, copying, transmission, assignment, disposal or use by the customer for purposes other than the advertising purpose of its virtual publication that does not have the express consent of IPREMOM PREGNANCY or of the product manufacturer or the owner of the brands and logos is not authorised, under the terms set out in section XI on Industrial and Intellectual Property Rights.
USER REGISTRATION
Prior to completing the purchase of any of the products offered by IPREMOM PREGNANCY, the customer/user must register their personal data and circumstances necessary to complete the sale contract (full name or corporate name, ID number (DNI/NIF), address, email address, telephone/fax number).
In order to place orders on the Website, each customer shall provide IPREMOM PREGNANCY with their personal data voluntarily and under their own responsibility.
All personal data provided by customers fraudulently or falsely may be considered an offence of falsification of commercial documents.
IPREMOM PREGNANCY may offer the customer a personal registration system through a personalised access key (login) and a password to make future purchase transactions easier for the customer. In such a case, the customer may choose, at their discretion, the desired key and password, provided that these are available or are not assigned to other customers. Through an automatic process, IPREMOM PREGNANCY, if the customer so wishes, will generate the access key and password for the customer. Keys or passwords with immoral, insulting, demeaning or discriminatory content, or that contravene the provisions of the law, shall not be permitted, nor shall those with terms that allude to brands, products or names protected by the legal provisions on Intellectual or Industrial Property, or contrary to the rights to privacy, honour and one's own image.
The customer undertakes to ensure the confidentiality of their own access key and password. IPREMOM PREGNANCY is exempt from any liability arising from the incorrect use or negligence on the part of the customer in fulfilling their obligation to keep their access keys confidential.
VII.- OFFER AND ACCEPTANCE PROCESS.
CONDITIONS OF SALE AND DELIVERY OF THE PRODUCT
Pricing policy: IPREMOM PREGNANCY reserves, at all times and unilaterally, the right to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this shall be the one in force in the advertising coinciding with the moment of placing the order.
In the electronic purchase process, the following steps shall be followed according to the menu of options set out on IPREMOM PREGNANCY's website
Information about the product offered to the customer: description, manufacturer's brand, indicative photograph (where applicable).
The purchased product may undergo, due to manufacturer availability, non-substantial modifications in the components, characteristics or features of the batch comprising it, provided that these do not entail a reduction in the advertised qualities and features.
Information about the price of the product: information on the final price or retail price of the product to be purchased, containing the final cost for the customer and including VAT, shipping costs and goods insurance and handling derived from transport. The final cost will therefore be communicated to the customer during the electronic purchase process before they complete their acceptance by choosing the “order acceptance” option from the menu of options. Any discounts or promotional gifts shall be freely directed by IPREMOM PREGNANCY to the groups designated at any time by IPREMOM PREGNANCY or depending on the product offered, according to the advertising existing at any time on its website.
Order acceptance: at the moment the order is placed, once the order acceptance option of the menu has been used, the customer's consent is deemed to have been given for the validity and effectiveness of the sale contract that binds the parties. IPREMOM PREGNANCY will store the order electronically.
The commitment made by IPREMOM PREGNANCY to sell and deliver the offered goods is subject to the stock of the advertised product and to its availability until stocks run out. Therefore, IPREMOM PREGNANCY, in its commitment to quality and customer service, endeavours at all times to ensure that the advertised products are available. However, should exceptional circumstances of interactive multi-ordering or others that cause the product to run out of stock arise, the order and the contract entered into between the parties shall become null and void by virtue of this termination clause, fully refunding the customer, in the case of prepayment, the amounts paid by them, with no compensation being due to either party for breach of contract, consequential damage or loss of profit.
IPREMOM PREGNANCY confirms the acceptance of the order to the customer through the means chosen by them: email, fax or postal mail. The sale will not be completed until the company IPREMOM PREGNANCY confirms the order.
IPREMOM PREGNANCY reserves the possibility of not confirming an order for a specific reason, such as product supply, a problem relating to the order received (e.g. an illegible document), an abnormal order or a foreseeable problem regarding delivery. IPREMOM PREGNANCY will inform the customer of this.
Payment methods for the customer. The following payment systems are established:
- Google Pay
- Amazon Pay
- Bank card (Visa / Mastercard)
Payments are processed through secure external platforms.
Invoice: IPREMOM PREGNANCY will issue an invoice in electronic format (PDF) which it will send by email once the sale has been completed. IPREMOM PREGNANCY warns that it will not be able to subsequently modify sales invoices, in compliance with current regulations (Royal Decree 1496/2003 on Invoicing rules, amended by Royal Decree 87/2005). The invoice will be issued in the name of the natural person or company placing the order, so the customer must make sure to place the order under the correct name. Subsequent changes will not be possible.
Delivery period for the purchased product: a period of 5 to 7 working days is established from the confirmation of stock of the purchased item. And a period of 24 hours for the actual delivery of the product, counting from the moment the delivery date was set when placing the order, and once the payment transfer for the order has been made and the proof of payment received.
All shipments are made from Monday to Friday on working days; therefore, purchases made on Fridays will not be processed until the following working Monday.
Given the nature of the product, the service may include:
- Shipping of the collection kit (if applicable)
- Coordination with healthcare centres or professionals
- Analysis of the sample in the laboratory
- Issuing of results
The timeframes will be communicated during the purchase process
Place and method of delivery: The order will be delivered to the address designated by the customer at the time of contracting. Subsequent modification of the delivery location requested by the customer may generate additional costs over the sale price, which shall be borne by the buyer. The goods will be delivered to the customer by a transport company, together with a delivery note recording the data that allows the customer, the order, and the number of packages comprising the shipment to be identified. The goods are at all times covered against the risks of transport, loss and handling.
Should the customer verify, at the time of delivery, errors in the goods received or that they are visibly damaged, they must record these circumstances on the carrier's delivery note and notify IPREMOM PREGNANCY of these facts within 14 working days in writing or by email to rgpd@ipremom.com, through the customer service published on its website, using the withdrawal form provided in the relevant section, addressed to the email or registered office of the company. In any case, the customer must verify that the goods have been delivered in perfect condition. Complaints made after 14 working days following delivery cannot be accepted.
Goods that could not be delivered within 48 hours or 2 working days from their departure from IPREMOM PREGNANCY's premises for reasons not attributable to the seller will be returned to the seller, with the amounts paid being refunded in the case of prepaid orders.
In the event of impossibility of delivery due to force majeure, accident, strike, administrative decision or transport strike that delays, prevents or makes the supply exorbitant, this constitutes, by express agreement, a clause for the suspension or termination of the obligations of the company IPREMOM PREGNANCY, without compensation for the benefit of the customer if the cause lasts for more than 15 days. In these circumstances, the customer will be released, fully and automatically, from their obligations relating to their order.
The company IPREMOM PREGNANCY will inform the customer through any appropriate means and on the same day on which said incident occurs, so that they may freely cancel their orders by responding via postal mail or email once the cause has been notified.
If the Customer is absent at the time of delivery, the carrier will leave a slip indicating how to proceed to arrange a new delivery. After 7 working days from the dispatch for delivery without delivery having been possible, the Customer must contact IPREMOM PREGNANCY. If they do not make contact, the product will be returned to the warehouse after 10 working days and the Customer will be responsible for any costs.
If the reason why delivery could not be made is loss by the carrier, an investigation will be carried out which will be resolved for the customer within a maximum of 15 working days
SHIPPING OF THE SAMPLE
SENDING OF THE RESULT
VIII.- PRODUCT WARRANTY
The warranty of the products sold by IPREMOM PREGNANCY is provided and established by virtue of the existing regulations on warranties in the Sale of Consumer Goods, a legal framework whose purpose is to provide the consumer with different options to demand redress when the purchased good does not conform to the contract, giving them the option to demand the repair or replacement of the good, unless this proves impossible or disproportionate. When repair or replacement are not possible or prove disproportionate, the consumer may demand a price reduction or the termination of the contract.
Commercial warranty: manufacturers may offer additional warranties, the extent and duration of which differ depending on the products and brands. Such warranties shall be borne exclusively by the manufacturer who undertakes them. Under this law, the seller is obliged to deliver to the consumer a good that conforms to the sale contract under the terms established by the law itself. Therefore, as established by article 4 of the aforementioned law on the seller's liability and the buyer's rights: “The seller shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the good. Under the terms of this law, the consumer is granted the right to repair of the good, its replacement, a price reduction and termination of the contract.” In any case, the batch number of the product to be repaired must match the records owned by IPREMOM PREGNANCY.
IPREMOM PREGNANCY will not be liable for any damage that may result from misuse or handling. The warranty will not be valid in the case of factors external to the normal use of the product by the customer or by third parties not authorised by the manufacturers. The warranty period will begin on the same day of delivery.
However:
- It does not guarantee specific clinical results
- It is not responsible for medical decisions taken by the user without professional supervision
- It is not liable for improper uses or uses contrary to the instructions
VIII.- CUSTOMER RIGHTS
Confidentiality and security of the customer's personal data in accordance with the provisions of current Spanish legislation on data protection. No dissemination, transmission or publication of customers' data without their express consent. Not to receive promotional or advertising emails if they have rejected them. To consult, modify and delete the customer's personal data held in IPREMOM PREGNANCY's database at the customer's request, all in accordance with the provisions of the section on Protection of Personal Data.
To access free of charge the open sections of IPREMOM PREGNANCY's website. To know at all times the processing status of the order placed.
RETURNS
Withdrawal/unilateral revocation of the order placed: In accordance with the provisions of art. 104 of Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Defence of Consumers and Users, the customer (only natural or legal persons who acquire, use or enjoy the product as end recipients are considered consumers or users) shall have the right to revoke the order placed within fourteen days of receiving it, with prior notice to IPREMOM PREGNANCY within that period so that the appropriate return channels can be established (return number, and method and address for delivery of the return shipment), with a refund only of the price they had paid for the product. Should this right of withdrawal be exercised, the return costs and any damage suffered by the product or goods shall be borne by the customer. In cases of use, breakage of the seal or opening of the product's container, such a return will not be accepted, unless it has been recorded on the delivery note. The return costs will be deducted from the price of the product at the time of the refund. Under no circumstances will it be possible to process returns or exchange of goods at our registered office.
IPREMOM PREGNANCY will not accept returns of products handled by the customer, or goods returned incomplete in either their main elements or accessories. The right of withdrawal shall not apply outside the indicated period for items that, by their nature, cannot be returned. Nor shall withdrawal apply to goods or orders that, due to their special characteristics, may be considered made to the customer's order. The right of withdrawal shall not be applicable:
Under art. 103 of the General Law for the Defence of Consumers and Users, the following are excepted from return:
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery
- The supply of goods that may deteriorate or expire quickly
Should the right of withdrawal be exercised, you can download the form at the following link
Professionals: Those who, without being end recipients, acquire, store, use or consume goods or services in order to integrate them into processes of production, transformation, marketing or provision to third parties, shall not be considered consumers and users, and therefore do not benefit from the rights granted to consumers.
Instructions for shipping products: The delivery of a possible return will not be processed directly at our premises, but will be handed over to the carrier for shipping. We inform you that, to avoid any incident, smaller products must be protected by external packaging - just as you received it at your home - thus avoiding any kind of damage or handling of the product's original packaging during transport. For larger products, external packaging protecting the original is not essential; nevertheless, it is important that you ensure the product is sent duly protected inside the original box with the protections intended for this purpose (corks, polystyrene, bubble wrap, etc.) and avoiding any kind of handling of it. For any questions about the correct shipping of products, please consult our Customer Service department.
IX.- OBLIGATIONS OF THE USER/CUSTOMER
- To keep their personal keys with due diligence.
- To use the information published by IPREMOM PREGNANCY exclusively by the customer, strictly within the intended personal commercial relationship.
- Not to reproduce, dispose of or transfer the information published by IPREMOM PREGNANCY in all its contents without the express permission of the company itself.
- To faithfully use the shopping service provided by IPREMOM PREGNANCY on its website, refraining from manipulating the contents of its website, or interfering with its computer systems through viruses or other legally prohibited conduct.
- To respect the purchase agreement once the order has been accepted, with the appropriate payment of the agreed price.
X.- RIGHTS OF IPREMOM PREGNANCY
- To maintain, modify or suspend its website without prior notice.
- To modify the price of the offers.
- To reject orders due to lack of stock or non-payment by the customer.
- To deny access to the computer tools to customers in the event of a breach of these conditions.
- To receive the amount of the customer's purchases once the transaction has been accepted.
- To retain ownership and keep full title to the item until full payment by the customer.
- To reserve the right to carry out prize draws of goods or services on its website.
XI.- APPLICABLE LAW AND JURISDICTION
These conditions and terms shall be governed by the statutory and regulatory rules of Spanish law.
The parties expressly waive any jurisdiction that may correspond to them and agree to submit to the Courts and Tribunals of the seller's judicial district for the resolution of disputes that may arise in the interpretation or execution of these conditions.
XII. HEALTH WARNING
El The MaiRa Test es una herramienta de detección precoz del riesgo de preeclampsia, pero:
- It does not constitute a definitive diagnosis
- It must be interpreted by healthcare professionals
- It requires medical follow-up in the case of a risk result