1. Scope of Application

These general terms and conditions of sale apply to any inquiry or order placed on the website www.devicare.com, hereinafter "the Site", of DEVICARE, SL, with registered office in Spain, Av. Generalitat, 163-167, Sant Cugat Green Building, 08174 Sant Cugat del Vallès (Barcelona), and with NIF B-65663122, for the acquisition of products and/or services (hereinafter the "Products").

The confirmation of an order by the purchasing client implies the unreserved acceptance of these general terms and conditions of sale, which prevail over all previous versions or specifications issued by the buyer, including email exchanges. These conditions may be modified, so it is recommended to read them before placing each order.

For the purposes of these general terms and conditions of sale, a consumer is understood as a natural person acting outside the scope of a business or professional activity.

2. Orders

2.1 Product Offer

The Products marketed through the internet portal are presented in accordance with legal recommendations and as accurately as possible.

These are Products whose online sale is authorized, as well as medical devices not subject to medical prescription, whose sale is legal.

Likewise, this portal respects the provisions of art. 3.5 of Royal Legislative Decree 1/2015, of July 24, which approves the revised text of the Law on guarantees and rational use of medicines and medical devices, which prohibits the sale by mail and by telematic procedures of medicines and medical devices subject to medical prescription.

There may be differences between the Products delivered and those represented on the Site or catalog, mainly in terms of designs. Such differences, since they do not influence the basic characteristics of the Products and do not affect their quality, cannot justify an order cancellation or a refusal of delivery.

Given that an exact representation of the Products on the Internet Site and/or in the catalogs cannot be guaranteed, particularly due to differences in color finishes in internet browsing software and/or on screens, DEVICARE cannot be held responsible for the inaccuracy of the photographs appearing on the Site.

Product orders are subject to their availability, such that if there are difficulties regarding their supply or lack of stock, DEVICARE expressly reserves the right to inform of any other product in substitution of the same quality and value. Should the offer of product substitution be rejected, DEVICARE will refund the amounts that had been paid.

2.2 Disclaimer

DEVICARE does not diagnose or treat health problems, nor does it prescribe medications or other treatments. The customer should always consult with their healthcare professional and read the information provided by DEVICARE before using a product or undergoing a specific treatment. People are not all the same and may react differently to different products. The customer should consult with their doctor about potential interactions between the medications they are taking and DEVICARE products.

Comments made in any forum on the Site by employees or users of the Site are strictly their own personal views and are not statements made by DEVICARE. Opinions expressed by DEVICARE's collaborating professionals are not intended to replace medical care or advice from a healthcare professional.

Always check the product label or packaging before use. If there is any discrepancy, customers should follow the information provided on the product label or packaging. You should contact DEVICARE directly for clarification on product labeling, packaging details, and recommended use.

2.3 Order Acceptance

The order is firm for the buyer from the moment they confirm their purchase and make the payment or reservation of the same.

For DEVICARE, from the validation of the payment and the confirmation of the order being taken into account.

3. Price and Payment

3.1 Product Prices

The prices of the Products are indicated for each one, and include sales-related taxes, which are detailed according to the country indicated by the buyer.

DEVICARE reserves the right to unilaterally modify the price of the products and services offered through its website at any time. To guarantee the customer the certainty of the price of their products, this will be the one in force in the advertisement coinciding with the moment the order is placed, all in accordance with the applicable regulations.

3.2 Payment

Payment is made in full, upon placing the order and by the following payment methods:

Credit card:

Visa and Mastercard credit cards can be used. The user must follow the instructions displayed on the screen, providing the following information:

1. Card type
2. Card number
3. Expiration date
4. The 3 control digits on the back of the card.

Payments by bank card are secure thanks to the Stripe payment platform used for POS payments by the banking entities Servired, 4B, and American Express. This solution allows the buyer to make their Product purchases with total security. The bank details of the buyer who makes their payment by bank card will not be kept by DEVICARE.

Paypal:

Through secure SSL transmission systems (Paypal) and without DEVICARE having access to customer data.

Other means:

Through platforms like Google Pay or Apple Pay. In this case, Devicare will not have access to your data. The customer, before using these payment platforms, must read about the privacy policies of the respective providers.

3.3 Order Information

The customer will provide DEVICARE with all necessary data for invoice issuance, as well as their intra-community VAT number or other tax data if necessary.

When the customer provides their identification information for an address, the identification information is linked to the shipping address. The recipient name on the shipping address must match the name appearing in the provided identification information.

4. Delivery

4.1 Delivery Method

Delivery by carrier to home:

The order will be delivered by a specialized carrier to ensure maximum protection, to the address you provide when making the purchase.

Delivery times may vary and depend on various circumstances. DEVICARE will duly inform you of the delivery times during the purchase process. You may also contact the company for more information.

Shipments to all of Spain (Peninsula, Balearic, and Canary Islands) will be made within approximately 24-72 hours by NACEX, UPS, or Correos Express. These deadlines are valid, provided there are no previously notified holiday periods by the company.

If there are errors or missing information, there may be delays in the original delivery date. The carrier may contact the customer for more information to complete those orders.

Shipments to France, Italy, or any other location in Europe, will be made within approximately 5 to 6 business days, provided no holiday period is previously indicated, by NACEX, UPS, Correos Express, or any other deemed appropriate.

International shipments may be delayed due to unexpected factors or customs checks.

Unexpected service delays (caused, for example, by weather conditions, natural disasters, or unforeseen events) add at least two to three business days to the estimated delivery date.

External factors, such as traffic, can affect delivery times.

Delivery times are not guaranteed and are subject to change. Thus, deliveries may arrive before or after the estimated deadlines.

The impossibility of delivering the Products on the agreed date by the carriers, due to the absence of the buyer or information about the need to resort to specific delivery methods, may result in the payment of additional delivery costs and/or the cancellation of the order by DEVICARE.

The risks of the Product are transferred to the buyer at the time of delivery to the designated address or, where applicable, at customs.

In case of direct home delivery, without passing through customs, when the product cannot be delivered due to reasons attributable to the buyer, the risks will be assumed by the buyer from the date of the first delivery attempt of the Products by the carrier.

In cases of acquiring several Products, where the availability dates of each one are different, DEVICARE will propose to the buyer to split their order. The risk will be assumed by the buyer, for each product, according to what is indicated above.

In case of partial delivery, the contribution to delivery costs will apply to each part of the order. If a partial delivery is not made, delivery will take place on the availability date of all the Products requested.

4.2 Shipping Costs

During the purchase process, you will be informed of the shipping costs, which will be automatically calculated by the system in the last step of the purchase process.

Prices are indicative and may vary in some cases. The prevailing cost is the one that appears in the purchase summary before choosing the payment method. Shipping costs may vary over time, which is why they will always be those in force at the time of contracting, of which the buyer will be duly informed before finalizing the purchase.

4.3 Taxes, Duties, and Customs Tariffs

Countries where Devicare ships

• Spain
• Italy
• France

By placing an order with DEVICARE, the customer must comply with all applicable laws and regulations of the destination to which their Products will be delivered. They are also responsible for ensuring that the ordered products can be legally imported into the importing country.

Products shipped may be subject to taxes, customs duties, and fees charged by the authorities of the importing country ("Import Fees"). The customer is responsible for paying all import fees.

For certain destinations, DEVICARE may charge a deposit at checkout ("Import Fees Deposit") to pay customs duties so that the customer can receive the order. In these cases, by placing your order, you authorize DEVICARE to charge the import fees deposit or import charges.

In all other cases, the customer will be responsible for paying the customs fees in order to correctly receive the order. If they are not paid within the period established by each customs office, the order will be returned to DEVICARE's facilities without the right to a refund from the customer, by way of damages.

The customer is responsible for the import clearance of products shipped outside the EU. Where applicable and necessary, you authorize DEVICARE to designate a carrier to act as your direct or indirect representative/agent before the relevant customs, postal, and tax authorities, to clear your products, to process and pay on your behalf any Import Fees charged for your products ("Actual Import Fees"), and to process any modification, invalidation, or refund or remission of duties related to the import of your products. Any import fees deposit or import charges will be used to reimburse the designated carrier for the actual import fees. The customer agrees that the designated Carrier may disclose to DEVICARE the amount of actual import fees for the purchased products.

You will not be charged any additional costs if the actual import fees are greater than the import fees deposit or import charges collected by DEVICARE. If the import fees deposit collected by DEVICARE is greater than the actual import fees, DEVICARE will refund the difference to you. Import charges are fixed and you will not be refunded if import charges are greater than the actual import fees. After your order ships, you can contact the designated carrier specified in your shipping confirmation for details on actual import fees or to obtain documentation or receipts related to customs clearance.

DEVICARE may charge taxes on internationally shipped orders, including value-added tax, goods and services tax, and sales and use taxes (VAT, LVIG, GST, JCT). The sale of Products will be subject, in certain cases, to taxes in the country associated with the customer's delivery address. The tax is charged at the applicable rate according to the local legislation of each country.

For internationally shipped products, please note that:

1. Warranties may not be valid

2. Service options may not be available at the destination

3. Product manuals, instructions, and safety warnings may not be provided in the destination language; products (and accompanying materials) may not be designed in accordance with the destination's standards, specifications, and labeling requirements

Customs regulations in certain countries require identification to be provided for clearance. DEVICARE securely stores identification information to transmit it to the carrier and customs officials. This process allows Customs to clear the Order without additional delays.

Customs in some countries and regions require the importer of record (IOR) to provide a specific form of identification (identity document) before releasing a shipment. The customer may be asked to provide an identification number (national identity document), a photograph of identification, or other document.

Countries, regions, and jurisdictions that may require an identification number include the following: Argentina, Bahrain, Bangladesh, Bermuda, Bolivia, Brazil, Bulgaria, Chile, China, Cyprus, Croatia, Czech Republic, Egypt, El Salvador, Guatemala, India, Indonesia, Israel, Italy, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lithuania, Mexico, Nigeria, Norway, Oman, Peru, Portugal, Qatar, Saudi Arabia, Romania, Saudi Arabia, South Africa, Slovakia, Slovenia, South Korea, Spain, Sweden, Taiwan, Turkey, United Arab Emirates, Uruguay, USA.

In addition, customs in these countries may require additional information, and you may be required to provide that data directly to the delivery carrier.

Taiwan: As of January 16, 2020, Taiwan customs require real-name authentication for individuals importing express courier shipments. To facilitate customs clearance, the recipient must register directly through the Taiwan customs EZ WAY app on a mobile device to complete the real-name authentication process. Shipments without real-name authentication and verification may not be accepted for import clearance. For additional details on the import clearance process, you can visit the Taiwan Customs information website at https://eweb.customs.gov.tw/. In this case, the buyer's name for the order must match the real name.

South Korea: When importing products into Korea, a Personal Customs Clearance Code (PCCC) is required, provided by the Korea Customs Service for the declaration of personal items. You can create or update your PCCC on the Korea Customs Service website or get more information at https://www.customs.go.kr/.

DEVICARE is not responsible for the customs requirements of each country; the purchasing customer must inform themselves of these before placing any order.

4.4 Receipt and Claims

Upon receipt of the order, the buyer must carry out all necessary checks to detect any possible shortages, defects, or other apparent flaws, as well as any non-conformity of the Products delivered with their placed order.

In particular, the buyer must check the condition of the packaging, the number of packages, and the Products in terms of quantity, reference, condition, and characteristics. In case of a claim, the buyer must contact DEVICARE Customer Service, who will indicate the procedure to follow.

Likewise, the buyer must be able to provide any supporting documentation required regarding the reality of the claims made and offer DEVICARE, its carriers or any person delegated by them, the necessary facilities to proceed with their verification.

Accepted claims will result in an exchange of the defective or non-conforming Product, or a refund in case of unavailability of the Product in stock.

The returned Product must be delivered to DEVICARE's carriers, in perfect condition, in its original packaging and with all its accessories. No spontaneous returns will be accepted without DEVICARE's agreement.

Observations:

1. DEVICARE cannot accept returns of food supplements or consumables, such as the Lit-Control pH Buffer solution, once they have been dispensed and delivered to the customer, except for those supplements or consumables that have been supplied by mistake, do not match the order or have been damaged during transport.

2. The buyer will have the right to return the product and a refund of the amount paid if the estimated delivery time exceeds 50% of the approximate time established at the time of purchase due to reasons not attributable to the buyer himself.

3. Product returns can only be made if they have not been used, handled, unsealed and are delivered with their original, intact wrapping.

5. Product Warranty / Liability

5.1 Warranty Coverage

Some of the products offered through the website may be perishable products and DO NOT have the 2-year warranty period established for other types of products. The warranty for these products sold by DEVICARE is provided if the product has been damaged during transport; in other cases, the official warranties for perishable products apply.

In the case of non-perishable products, they have a 2-year warranty period from their delivery against any manufacturing, design or material defect that affects their correct use.

During the warranty period, DEVICARE undertakes, at its discretion, to exchange or refund Products recognized as defective by its services.

Exchanged Products benefit from the warranty for the remaining period. The warranty does not include:

1. Damage to the Product resulting from normal wear and tear considering its nature, function, composition and price;

2. Damage to the Product resulting from faulty installation, storage, conservation or assembly by the buyer, a lack of maintenance, incorrect use or use not in accordance with the technical specifications or use (failure to observe maintenance recommendations), modifications or repairs carried out by the buyer or a third party, deterioration caused by external objects, external events such as accidents, impacts, fires, acts of vandalism, water damage, natural or artificial light, natural disasters or adverse weather conditions.

5.2 Warranty Implementation

To apply the warranty, the buyer will contact DEVICARE's customer service. The original invoice must be presented to benefit from the warranty.

5.3 Legal Warranties

Products are guaranteed against possible defects and hidden flaws under the conditions provided in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users; Law 3/2017, of February 15, of book six of the Civil Code of Catalonia, relating to obligations and contracts, for buyers who are consumers; Royal Decree of July 24, 1889, text of the edition of the Civil Code; and Royal Decree of August 22, 1885, which publishes the Commercial Code.

5.4 DEVICARE's Liability

DEVICARE's liability for the Products delivered, including within the framework of applicable contractual or legal warranties, is limited to the price of the defective Products or those not conforming to the intended use.

DEVICARE is not responsible for or guarantees any result derived from the product itself.

DEVICARE will not be obliged to compensate for indirect damages or any other economic harm experienced by the buyer or a third party.

6. Right of Withdrawal

Returns of medical devices, food supplements, and perishable consumables cannot be accepted once they have been dispensed and delivered to the customer, except for those that have been supplied by mistake, do not correspond to the order, or have been damaged during transport.

The customer will have the right to return the product and a refund of the amount paid if the delivery period exceeds 50% of the time established at the time of purchase due to reasons not attributable to them.

With the aforementioned exceptions, the right to withdraw from the purchase is only held by the buyer who is a user.

In accordance with articles 68 et seq. of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, of November 16, if you contract as a consumer, you may withdraw from the purchase within 14 calendar days.

The calculation period for withdrawal will begin:

1. For withdrawal due to buyer's error in purchase, or change of mind: From the date of purchase or order request.

2. For withdrawal due to damaged or defective product: From the delivery date of the order.

Once the withdrawal is made, DEVICARE will refund the price paid for the products within a maximum of 30 working days from the receipt of the product.

No amount will be refunded if the product has been used or has suffered any damage due to causes attributable to the buyer, so the product must be returned in the same condition in which it was delivered, including all instructions, documents, and packaging of the product.

Neither transportation costs nor, where applicable, fees and duties paid for the receipt of the Product will be refunded.

In accordance with Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, the right of withdrawal is not applicable to goods that may deteriorate or expire quickly or to 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, so the right of withdrawal cannot be exercised, for example, on packages that have been opened, due to the deterioration of the contents in such cases.

In the event of loss, destruction or other cause preventing the return of the order due to causes attributable to the buyer, the buyer will be liable for the market value that the service would have had at the time of exercising the right of withdrawal, unless said value was higher than the acquisition price, in which case the buyer will be liable for the latter.

In the event that the withdrawal is for a service provided by DEVICARE or one of its collaborating professionals, the refund will be made within a maximum of 30 working days from the receipt of the withdrawal request. Withdrawal will not be possible if the service has been initiated.

The formalization of the right of withdrawal will be carried out through a document that DEVICARE will make available to you once your decision to withdraw from the purchase has been communicated.

To exercise the right of withdrawal, the buyer must send the withdrawal form provided with the order to info@devicare.com or by certified mail with acknowledgment of receipt to the following address: Av. Generalitat, 163-167, Sant Cugat Green Building, 08174 Sant Cugat del Vallès (Barcelona - Spain).

The Product must be returned by the buyer, within a maximum period of 14 calendar days from the date of receipt of the order, to DEVICARE, at the address indicated above.

The buyer will have the option to have the Product collected by DEVICARE's carriers at their own expense. This option must be exercised by the buyer in the withdrawal form.

The buyer will be reimbursed, as soon as possible, and at most within 30 days after receipt of the Product, the amounts paid for it, provided that it is in perfect condition, in its original packaging and with all its accessories.

7. Force Majeure

Neither Party shall be held liable for the total or partial non-performance of its obligations if such non-performance is due to unforeseeable circumstances or an event considered force majeure such as, for example, and without this list being exhaustive, floods, fires, storms, shortage of raw materials, transport strikes, partial or total strikes, or lockouts.

The Party affected by such events must inform the other party as soon as possible and at most within five (5) working days following the occurrence of such event.

The parties agree that they must consult each other as soon as possible to jointly determine the terms of execution of the order during the period of validity of the force majeure event.

If the force majeure period is longer than one (1) month, DEVICARE may not fulfill the order and must reimburse the buyer, if applicable, the amounts paid by the latter for the order in question.

8. Miscellaneous

8.1 Proof:

By express agreement between DEVICARE and the buyer, emails will serve as proof between the parties, as will the automatic registration systems used on the Site, particularly with regard to the nature and date of the order.

8.2 Partial Invalidity:

If one or more stipulations of these general terms and conditions of sale are considered invalid or are declared as such by virtue of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

8.3 No Waiver:

The fact that one of the parties has not demanded the application of any clause of these general terms and conditions of sale, either permanently or temporarily, may in no case be considered a waiver of the rights of said Party, stemming from said clause.

8.4 Modification of the general terms and conditions of sale:

DEVICARE reserves the right to modify these general terms and conditions of sale. Any new version thereof will be indicated on the Site.

The version online on the Site at the time the order is placed by the buyer will prevail over any other previous version of these general terms and conditions of sale.

8.5 Entire Agreement:

These general terms and conditions of sale and the order summary transmitted to the buyer form a contractual set and constitute the entirety of the contractual relations established between the parties.

9. Applicable Law / Jurisdiction:

The relations between buyers and DEVICARE, regarding orders placed on the Site, will be governed by Spanish law and any contentious dispute regarding any order will be subject to Spanish jurisdiction.

In accordance with article 14.1 of Regulation (EU) 524/2013 on online dispute resolution for consumer disputes, DEVICARE informs you that, for cases where the customer is a resident in the EU, Norway, Iceland or Liechtenstein, the European Commission provides a free access platform for online dispute resolution between the Customer and DEVICARE, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. 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 platform: http://ec.europa.eu/consumers/odr/