General conditions of purchase

Use of the services or procurement of products at www.noene.com entails the acceptance of the following general conditions:

1.- Acceptance and availability of the General Conditions of Purchase

By accepting this contract, you declare:

a) That you are of legal age and have the capacity to enter into contracts;
b) That you have read and accept these general conditions.

These general conditions (hereinafter, ‘the General Conditions’) regulate the legal relationship deriving from the procurement procedures performed between users-clients (hereinafter ‘User’) of the e-Commerce website at http://www.noene.com belonging to LABORATORIOS DIAFARM, S.A.

Users hereby accept the General Conditions from the moment they use, contract or acquire any product. Clients are free to print out and file this document. In the event of any modification to these General Conditions, LABORATORIOS DIAFARM, S.A. will always respect those that the user accepted at the time of making the purchase. As a consequence, users may send an e-mail to noene@diafarm.com with any questions they have concerning the General Conditions or request a copy of these from us should they mislay said conditions.

2.- Applicable regulations

These General Conditions are subject to the provisions set forth in Law 7/1998, of 13 April, governing General Procurement Conditions; Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law governing the Defence of Consumers and Users; Royal Decree 1906/1999, of 17 December 1999, regulating the general conditions of Telephone or Electronic Procurement; Organic Law 15/1999, of 13 December, governing Personal Data Protection; Law 7/1996, of 15 January, governing the Legal System of Retail Trade, and Law 34/2002, of 11 July, governing Services of the Information Society and Electronic Commerce.

3. Modification of the General Conditions

To improve the services and products offered at www.noene.com, LABORATORIOS DIAFARM, S.A. may amend the General Conditions, duly notifying our Clients of such amendments sufficiently in advance. Once the General Conditions listed on the website www.noene.com have be amended, the aforementioned duty to give notification will be understood as fulfilled.

Under all circumstances, the General Conditions may be consulted before using the services or contracting products.

4.- Description of the products and services

Use of the website www.noene.com does not require the USER to be registered. To be able to choose from among the range of NOENE® articles, the user must go to the ‘Products’ section, then choose what they wish to purchase by clicking on the image and then clicking on ‘Add to shopping basket’. Once you have done this, you can continue to browse the NOENE® products catalogue or complete the purchasing process by first going to the ‘Shopping basket’ section in the top right of your screen, and then clicking on ‘Process order’.

A new screen will open, asking you to enter some personal details required to finalise the purchase, as well as the preferred method of payment. The screen will also display details of the shipping costs and the estimated delivery time of the order. Once the process has been completed, and having accepted the website privacy policy along with these general conditions of purchase, click on ‘Continue’ to open a new screen with a detailed order summary, including information on shipping costs and the estimated delivery time. You can confirm the order simply by clicking on the ‘Buy’ option, generating an automatic e-mail to be sent to you with a detailed order summary.

NOENE® hereby reserves the right to retain any order on security grounds, if it believes that the shipping and billing information cannot be verified. In this event, affected clients will be notified.

4.1 Sizes displayed on the website:

All sizes displayed in our online store are continental European sizes. If you have any doubts about converting to a North American or British size, see our table of equivalences for men and women.

4.2 Territorial scope of the service:

You can purchase at our online store from any country in the world. Our shipping services reach every continent, although the destination countries in which we operate are those listed below:

  • Andorra
  • Austria
  • Belgium
  • Denmark
  • Finland
  • France
  • French Guiana
  • Germany
  • Greece
  • Guadeloupe
  • Ireland
  • Luxembourg
  • Martinique
  • Mayotte
  • Netherlands
  • Norway
  • Portugal
  • Réunion
  • Saint Martin
  • Saint Pierre & Miquelon
  • Spain
  • Sweden
  • witzerland
  • United Kingdom

4.3 Shipping, delivery times and tracking orders:

Deliveries will be made to any address in the countries listed at our online store. During the purchasing process, we will inform you which transport company will be delivering your order.
Once your order has been shipped, we will send you an email with a tracking number with which you can check the status of your order directly on the website of the appropriate transport company.

To avoid delivery incidents (wrong addresses, nobody at home, etc.), it is essential that you fill in the contact telephone number field.

Delivery times

Once the order leaves our warehouse, the estimated delivery time is from two to five working days. This is a guideline period, which will depend on the services of our logistics operators, the destination country and zone of the order and whether or not there any public holidays in the initially anticipated delivery time, which could represent an additional day’s delay with regard to the initial estimate. In this regard, shipments will be sent from Monday to Friday, except on public holidays.

Shipping costs:

Shipping costs are €6, and any exchanges or refunds are free of charge. So when you receive your order, you can try it out and if you are not fully satisfied you can return it at no additional expense!

4.4 Prices
The prices displayed are always recommended retail prices, with all taxes included. Depending on the country, our prices are given in euros or pounds sterling.

4.5 Payment method:
Payment may be made by credit or debit card (Visa, MasterCard, Visa debit and American Express), as well as PayPal.

– if payment is made by credit card, the amount of your order will be blocked and will not be charged and discounted from your credit until the order has shipped. Most banks permit this operation.

– If payment is made by debit card, the charge will be made automatically at the time of purchase.

We use a ‘secure payment’ system: encrypted data exchange through SSL of up to 256 bits and direct communication between the client and the bank as payment is with a bank card. This means that no person outside of ‘Banco Sabadell Atlántico’ can gain access to your card details.

– If payment is by PayPal, the charge is made against your PayPal account and your card as specified above.

To register or obtain further information, go to www.paypal.es (the PayPal site for Spain), or www.paypal.com, (the main site of PayPal (in English). These links are external and connect to sites with their own use and/or privacy conditions.

4.6 Data modification:
Any modification or change of data associated with the order made at our online store www.noene.com may be carried out by contacting our customer services department, either by sending an e-mail to noene@diafarm.com.

LABORATORIOS DIAFARM, S.A. also places the e-mail address noene@diafarm.com at your disposal to enable you to exercise your right to access, rectify, delete and oppose the use of your details.

4.7 Cancellations/Refunds
If for any reason when you receive your order you are not completely satisfied with it, you have 30 days from when you receive the product to return it or exchange it.

All exchanges or refunds are free of charge if you use the services of the transport company we designate for the delivery.

Cancellations

You may cancel an order providing it has not been shipped. Remember that orders are shipped on the same day or the first working day following purchase.
If the order has already left our warehouses, it cannot be cancelled but you may return it once it has been received.
To cancel the data, send an e-mail to the following address: noene@diafarm.com.

If the order has already left our warehouses, it cannot be cancelled but you may return it once it has been received.

Returns

If for any reason when you receive your order you are not completely satisfied with it, and you do not wish to exchange it, you have 30 days from when you receive the product to return it or exchange it.

To make a return you need to check that your order complies with the following conditions:

  • The product has not been used. Remember that, for hygiene reasons, we only accept returns if the product has not been used and it is returned with its original packaging (including leaflets).
  • It must be returned in the same condition in which it was received. If you do not have the original packaging, you must replace it with packaging of similar measurements and capacity.

Providing these conditions are complied with, NOENE will refund you the cost of the goods. In the case of faulty manufacture or quality on the part of NOENE, the full amount of the invoice will be refunded as soon as possible after receiving the return.

Within 30 days after the date of delivery, you must send an e-mail to the ‘Contact’ section of the Noene.com website, asking for refund of the product. You will receive an e-mail detailing the process for collecting your parcel.

-The product must not be used.

We do not accept collect on delivery shipments if the services of the company designated to deliver the order are not used.

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within a maximum period of 14 days without having to give a reason.

The withdrawal period will expire after 14 calendar days, counting from the day that you or a third party appointed by you, other than the carrier, acquired material possession of the goods.

In order to exercise the right of withdrawal, you must send a notice to LABORATORIOS DIAFARM, S.A. at AV. D’ARRAONA 119-123 POLÍGONO INDUSTRIAL SANTIGA 08210 BARBERÀ DEL VALLÈS (BARCELONA), indicating your decision to withdraw from the contract, by means of an unequivocal statement to this effect (for example, a letter sent by post). Likewise, you can inform us of your right to withdraw from this contract using the fax number (+34) 93 719 21 04 or the e-mail address noene@diafarm.com.

You can use the sample withdrawal form given below, although this is not obligatory.

To comply with the withdrawal period, it is sufficient if the notice indicating exercise of this right by you is sent before expiry of the corresponding term.

Sample withdrawal form

– For the attention of:

I hereby inform you that I wish to withdraw from the contract for the sale of the following good/service, with reference number (*).

  • Order sent on (*) / received on (*)
  • Name of the consumer(s) and user(s)
  • Address of the consumer(s) and user(s)
  • Signature of the consumer(s) and user(s)
  • Date and place

(*) Delete as applicable.

Consequences of withdrawal

In the event of withdrawal by you, we will refund all the payments received from you, including the shipping charges for your order (with the exception of the additional expenses incurred as a result of you choosing a delivery option other than the ordinary delivery option having the lowest cost, from among those that we offer).

The time limit for paying this refund will be 14 calendar days at most from the date on which you inform us of your decision to withdraw from this contract.

We will make this refund, using the same payment method used by you for initial purchase, unless you have expressly stated otherwise; in any case, you will not incur in any expense as a result of the refund.

We may withhold the refund until we have received the goods or until you have furnished proof of return of the goods, depending on whichever condition is met first.

You must return or deliver the products directly to:

In this case, you must bear the direct cost of returning the products.

You will only be liable for the loss in the products’ value from the time you receive them until the time you inform us of your withdrawal, when such loss is due to handling other than that necessary to determine the products’ nature, features and operation.

The right of withdrawal will not be applicable to those contracts that refer to the supply of sealed goods that are not acceptable for return for health protection or hygiene reasons and which have been unsealed after delivery.

How we process your refund

Our refund department will process the appropriate refund after we have received the returned package. The amount of the refund will be credited to the bank card you used to make the purchase.

If the 30-day return period has expired, you will not be able to claim return and refund of the product, without prejudice to the provisions concerning the legal guarantee of conformity of consumer goods.

4.8.- Applicable Guarantee

All our products are guaranteed by law against manufacturing or quality defects for two years.

Our customer services department provides an after-sales service that responds swiftly and efficiently to our consumers, sorting out any problem you have with our articles or shipments. To this end you may resolve any problem concerning our products by sending an e-mail to noene@diafarm.com

4.9.- Product packaging

LABORATORIOS DIAFARM, S.A. reserves the right to send product packaging that differs from that displayed on the website, due to it being out of stock or having been changed.
Under no circumstance will a change in packaging represent any variation whatsoever in the product contained therein.

5.- Intellectual property

The contents supplied by LABORATORIOS DIAFARM, S.A. are subject to intellectual and industrial property rights and belong exclusively to LABORATORIOS DIAFARM, S.A. By purchasing a product or service, LABORATORIOS DIAFARM, S.A. does not grant the purchaser any right to alteration, exploitation, reproduction, distribution or public dissemination of the same, and LABORATORIOS DIAFARM, S.A. hereby reserves all these rights. The assignment of these rights requires the prior written consent of LABORATORIOS DIAFARM, S.A. The client cannot make these contents available to third parties.

In addition to the content included at LABORATORIOS DIAFARM, S.A., intellectual property extends to its graphics, logos, design, images and the programming source code.

6.- Use of the service and liabilities

LABORATORIOS DIAFARM, S.A. is not liable for the content of links to other websites that it does not own and which, consequently, cannot be controlled by this party.
Connection errors, acts of God and force majeure: LABORATORIOS DIAFARM, S.A. will not be liable for errors, access delays, delays in the system or any anomaly that could arise with regard to general problems with the Internet, causes of act of god or force majeure or any other completely unforeseeable contingency beyond the good faith of the company. LABORATORIOS DIAFARM, S.A. hereby undertakes to attempt to solve these incidents by all the means it has available and offering all support necessary to the USER to resolve incidents as swiftly and as satisfactorily as possible. By the same token, LABORATORIOS DIAFARM, S.A. will not be liable when the foregoing cause faults in communications, deletion or incomplete loading of pages, and does not guarantee that the website is operational at all times when this is due to issues not attributable to LABORATORIOS DIAFARM, S.A. and which this party is unable to solve with the means available to it.

Use of the website: Under no circumstances will LABORATORIOS DIAFARM, S.A. be liable for errors or damages caused through inefficient use and bad faith of the service by the User. Neither will LABORATORIOS DIAFARM, S.A. be liable for major or minor consequences through lack of communication between LABORATORIOS DIAFARM, S.A. and the USER when this is because the e-mail address provided does not function or because of false data provided by the user when making a purchase at the online store of the website www.noene.com.

Liability:

LABORATORIOS DIAFARM, S.A. accepts the liabilities that could arise through provision of the services it offers, with the limits specified in the different General Conditions of Procurement of the services made available to the USER.

User’s Responsibility:

Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is forbidden by law or rejected by mercantile uses. By virtue of these General Conditions and from the time when it becomes aware that the USER is conducting illegal any action or use in general, LABORATORIOS DIAFARM, S.A. is empowered to report this to the competent authorities and to remove the USER from its register or restrict access to the website of LABORATORIOS DIAFARM, S.A. The USER will be solely liable for any claim or legal, judicial or out-of-court action filed before courts and other organisations and which have been initiated by third parties that have been harmed directly by the USER. The USER hereby accepts all expenses, costs and compensation which, if appropriate, may be accepted by LABORATORIOS DIAFARM, S.A. if the claim is targeted against this party. Furthermore, LABORATORIOS DIAFARM, S.A. will collaborate and notify the competent authority of these incidents at the time it becomes aware that the damages caused represent any kind of unlawful activity, particularly in the area of contents entered by the USER that could infringe the legitimate rights and interests of LABORATORIOS DIAFARM, S.A. or of third parties.

Due diligence: The USER is responsible for making sure that all actions this party is required to carry out are performed with due diligence. More specifically, the USER must be diligent with regard to the updating and veracity of his personal details, mainly the e-mail specified in the purchase as the main method of contact with LABORATORIOS DIAFARM, S.A.

7.- Privacy and Personal Data Protection

By providing their e-mail address or other personal details—a necessary requisite for the procurement of certain services—clients give their permission for these addresses to be processed as well as to be used to send commercial notifications concerning the promotion or advertising of products and services offered by LABORATORIOS DIAFARM, S.A. LABORATORIOS DIAFARM, S.A. has placed the e-mail address noene@diafarm.com at the disposal of Clients, to enable them to revoke their consent, as well as to exercise their right to access, rectify, delete and oppose the use of their data provided for under current legislation.

LABORATORIOS DIAFARM, S.A. hereby states that it complies with current regulations governing the protection of data, specifically Organic Law 15/1999, of 13 December, governing Personal Data Protection, and Royal Decree 1720/2007, of 21 December, which implements the aforementioned organic law.

8.- Nullity and ineffectiveness of Clauses

Should any Clause of these Terms and Conditions be declared fully or partially invalid or unenforceable, such invalidity or non-enforceability will only affect said provision or the part thereof to the extent that it is invalid or unenforceable. No other provision of the Terms and Conditions will be rendered invalid or unenforceable and the aforementioned provision or the affected part thereof will be taken as omitted.

9.- Notifications

All notifications, formal requests, petitions and other communications to be carried out by the parties with regard to these General Conditions must be made in writing and will be understood as properly carried out when they have been delivered by hand or sent by ordinary post to the address of the other party or to the e-mail of this party, or to any other address or e-mail address that each party may indicate to the other party for these purposes.

10.- Applicable legislation and competent jurisdiction

Use of our website and the product purchase agreements through this website will be governed by Spanish law.

Any disagreement, dispute or grievance that may arise between the user and LABORATORIOS DIAFARM, S.A. as a result of the use of this website will be submitted for settlement to the courts that have jurisdiction on the matter in accordance with current legislation.

Asimismo en virtud del Reglamento (UE) 524/2013 del Parlamento Europeo y del consejo, de 21 de mayo de 2013, que facilita la resolución de conflictos que pudieran surgir del comercio online entre empresa y consumidor, según el artículo 13 del Reglamento “Los Estados miembros velarán por que los comerciantes establecidos en sus territorios informen a los consumidores acerca de la entidad o entidades de resolución alternativa que den cobertura a dichos comerciantes”

Accordingly, the ONLINE DISPUTE RESOLUTION organisation is created, which will act as a valid, impartial mediator between two parties, with the purpose of avoiding having to go to court, whenever possible.
Consequently the following online platform is placed at the service of the consumer:

online dispute resolution
More information can be found in Article 14, paragraph 1, of the ODR-VO, which can be downloaded in PDF format at the following link:

http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524