1. Object

Medphen.com is a web portal owned by MD Graphene, S.L., through which a wide variety of products are put up for sale medical applications with nanomaterial technology subject to the particular conditions contained herein.

Any matter that has not been expressly provided in these conditions shall be deemed reserved to Medphen.com, without prejudice to the application of the provisions of the current regulations.

Medphen.com reserves the right to make modifications and/or updates to these conditions, which will be informed in advance to the customer for acceptance or rejection if it proves substantial.

Once the user checks the corresponding box in the process, the acceptance of these Terms of Contract will occur, declaring and recognizing both parties their legal and acting capacity, that the user is of legal age (>18 years), as well as who have previously read and understood the content of these.

All communications with the end customer by Medphen.com will be made electronically.

2. Conditions of operation of Medphen.com

2.1. Products and/or services commercialized

Medphen.com offers its users a platform from which you can purchase medical products with nanomaterial technology.

2.2. Contracting procedure

All users who wish to purchase some type of product through the website must follow the following procedure:

Once the customer has accessed the portal, he must select the products he/she wants to purchase, being very important that he/she checks their description, as well as their characteristics, conditions, modality and delivery time, and final price of the same before starting the procurement procedure.

The customer must then start the electronic purchase process by adding the product to the shopping cart, pressing the "Add to my cart" button, then proceed to press the "Buy" button.

The user will then be able to access the detailed data of the order placed, in particular, the shipping costs of the products that make up the shopping basket.

In order to customize your purchase and have all the customer data to make the shipment, it is necessary that you are registered on the platform medphen.com, for which it is sufficient that you fill in your real and truthful data in the form that will be shown.

Finally, the customer only must enter the desired method of payment (PayPal, bank transfer or credit or debit card). We will never act as payment service providers or have access to your bank details; these being directly managed by the corresponding banks in our payment gateway.

The customer will automatically receive from Medphen a confirmation e-mail describing all the purchase made, as well as the characteristics of it, without prejudice that will have all the information of the order in their private area within the medphen.com platform, which you can access by entering your registration email and password. If you did not receive the confirmation email, please check your spam account.

For all purposes, the contract of sale shall be deemed to have been concluded between the user and Medphen and perfected at the time the purchased product is delivered to the user at the address selected by the user.

2.3. Product delivery procedure

The products purchased by the customer from the website will be delivered to the users to the address indicated in the form of the contracting procedure.

The various shipping methods offered are described below.

2.3.1. Shipping to Spain

This delivery is available for shipments within the peninsular and Balearic territory, excluding the Canary Islands, Ceuta, and Melilla. Once the purchase order is confirmed, the seller will proceed to the preparation of the order and the delivery of the order to the Courier. The user will receive at his/her home the order placed in the one indicated in the purchase process.

This mode of delivery is associated with certain shipping costs, which may be charged by the user.

The information regarding the delivery date, as well as the time determined before the order must be placed to guarantee the supply within this period, will be clearly indicated to the user on the website. In any case, Medphen will make every effort and dedication to deliver the products purchased on the indicated date. However, in the event of exceptional or force majeure circumstances beyond  Medphen's control and preventing the supply of the products within the prescribed period, to the extent permitted by applicable law,  Medphen will not be able to guarantee such delivery time, especially where the user resides in populations that are difficult to reach or high risk. However, it is stated that Medphen will in any case make the greatest effort to deliver the products within the expected timeframe. Users who select this type of shipment, unless otherwise stated on the website, will not have to pay an extra cost because of this choice.

2.3.2. International shipping

Medphen allows you to make purchases from any country, whether you are a member of the European Union or not, being the products sent by Medphen through the usual transport agencies. Without prejudice to this, there are certain countries, cities, populations and/or islands, to which they do not ship, nor will Medphen make shipments of products to them, being in any case indicated by Medphen before purchase of the product.

In any case, and before finalizing the purchase, Medphen will inform the customer regarding the maximum delivery time of the order and the total cost of such shipment, without prejudice to the fact that both may be subject to change depending on the delivery destination and the circumstances that may be associated with delivery.

In no case will Medphen be liable for any customs charges that may apply, nor for the possible retention of the shipment at the customs office of the destination country because the entry of the contents of the same is limited in the country of destination , being the responsibility of the end user, before making the purchase, to verify that the products purchased meet all legal requirements at the local level, as well as what are the customs expenses that must be paid in order to receive the product.

3. User registration

Regardless of whether you are a customer or not of Medphen, you may be registered as a user of our platform.

Registration as a user is completely free and can be done electronically through the following link https://www.medphen.com/login?create_account=1, where you will have to enter all your real and truthful data, since they will be the only way that we will have to be able to process any orders you place in the future.

In addition to this procedure, we offer you the possibility to register as a user through registration campaigns made from other web portals enabled as an official means to register as a user.

Under no circumstances will Medphen be responsible for the veracity of the registration data provided by the end users, so each of these are responsible for the possible consequences, errors and failures that may subsequently resulting from the lack of data quality.

3.1. Requirements to register as a user

As stated in the Terms of Use, the registered user account is personal and non-transferable, and only natural persons can register as a user, and under no circumstance’s legal persons.

Purchases of products through medphen.com are permitted to individuals, companies and/or professionals who want to market such products through other sales channels.

Under no circumstances the transfer of the registered user account between different persons is allowed, making it available to Medphen to delete it as soon as it is detected.

In any case, to be a registered user it is essential to be over 18 years old.

3.2. Unsubscribe as a registered user

The user may unsubscribe from the service at any time, by a written communication to medphen@medphen.com, indicating his/her username and the specific service from which he/she wishes to unsubscribe. You can also request the unsubscribe from receiving our email notifications through the same email or the link indicated for this purpose in all the emails you receive. The process of unsubscribe from notifications can take 48-72 hours.

In any case, once the registration is made, the user may request a new registration as a customer, but Medphen has the right to not accept such registration in the specific cases specified in the clause called "Unauthorized uses" or in the event of a dispute or controversy arised between the parties, for resolving or terminated with recognition of the fault or negligence of the customer and/or harm to Medphen, its collaborators and associates or its users, customers or potential customers.

4. Distance contracting

In accordance with Article 23 of Law 34/2002 of 11 July on information society services and electronic commerce, contracts concluded electronically shall produce all the effects provided for by the legal system, consent, and other requirements for its validity.

In any case, the electronic support contained in these conditions of contract concluded electronically shall be admissible as documentary evidence in the event of a dispute between the parties.

For this purpose, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contract.

Similarly, and in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, all information is available to users before the start of the procurement procedure that will only be applied in case the user decides to proceed to the contract through Medphen.

4.1. Previous information

These contracting conditions are available to all users of Medphen.com from the following link, free of charge. 

Access to the contracting process is completely free, without any additional associated costs, other than the user's own Internet connection.

All the products marketed are perfectly described in the product sheet available to customers, not including those issues that have not been expressly indicated in it.

Medphen, as a service provider of the Information Society, will archive the electronic document in which this contract is concluded. This electronic document will be accessible to the user through the link that will be provided as an annex, from where it can be downloaded and printed by the end user and where these conditions will be included.

Medphen will introduce adequate and enough technical means to identify and correct technical errors in the management of information as soon as it is responsible.

The language in which the procurement procedure will be processed and in which this contract is concluded shall, unless otherwise indicated, be English.

4.2. Limitations associated to sales

In the event that the sale of the product is subject to some kind of limitation, either temporary or by availability of units of the product, such limitation will be duly informed in the description of the specific product in such a way that the user has knowledge before purchasing the product.

The customer can make the purchase of any of the products marketed by Medphen at any time, provided that the stock has not been consumed and has been informed of this through the platform.

If Medphen becomes aware that a particular product cannot be marketed in a particular country, it will not allow its purchase from that country, nor will it be shipped to that country. However, Medphen only guarantees this control if the product is purchased and shipped within the State of Spain.

4.3. Economic conditions

The price of the products is indicated next to the description sheet of each of them, being used in any case the official course currency Euro (€) for Europe, Dollar ($) for International Trade and Yuan (¥) for China.

4.3.1. Prices

All prices of the products are included along with the rest of the description of the products, being publicly accessible, without having to be registered as a user.

All prices shown are prices without VAT, including the Value Added Tax (VAT) applicable in Spain at the time of the purchase, without prejudice to the user's having always information broken down from the product price.

4.3.2. Payment and billing

Once an order has been placed by the user and the corresponding payment has been made through any of the payment methods made available by Medphen, the platform will send the final customer an email in which all the information will be collected relating to the purchased products, their unit price, the applicable taxes, as well as the total price of the purchase and the place of delivery thereof.

In any case, the payment of economic amounts through the Internet will be made through the platform provided by an external financial institution, which in any case will be hosted on a website under SSL secure protocol. For identification, confirm that the web address of the page from which you are making the payment begins with https://.

Medphen gives the user the possibility to store, in a secure way, all the data necessary to make the payments, in such a way that it is only necessary to enter them on the first purchase, being sufficient in following processes to enter a series of identifying data. To ensure that Medphen does not have access to the customer's payment data and that the absolute security and confidentiality of such information is guaranteed, the company's secure payment platform Redsys (https://www.redsys.es) allows, with total and absolute security, store the data of the card used to pay, so that future purchases will be much faster and easier.

In any case, the purchase will only be effective when Medphen receives confirmation of payment by the bank that owns the secure payment gateway. If the transaction results for any reason denied by that entity, or the full amount corresponding to the amount of the order is not provided (including management fees and bank transfer fees), it will be suspended by informing the end client that the transaction has not been completed.

Finally, the user has at his disposal through the private area all purchases made so far. In addition, you can request the invoice corresponding to the purchases made by writing to us at the email address medphen@medphen.com, specifying the ID or identification document. In this way, we will be able to obtain the rest of the billing data by accessing the customer's user account.

By accepting these conditions, the user expressly consents to receive the invoice electronically. Once the user requests the invoice, Medphen will send within 5 business days the electronic invoice to the email address provided through the user account.

In accordance with current legislation, we warn you that we will not be able to change the billing of the sales made subsequently. Therefore, the invoice will be issued in the name of the account holder who actually placed the order, so the customer must make sure to place the order in the correct name, not being able to issue duplicate invoices to send to third parties nor can they be issued after the warranty period.

5. Warranties and right to desist

5.1. Warranties

Medphen warrants that all products offered are original branded products, with manufacturer's warranty and without any defect, with their legally recognized warranty terms.

Once the products leave Medphen facilities delivered to the customer's home, returns will only be accepted in case of any damage unrelated to the end customer or factory defect.

All products marketed through Medphen have the minimum legally established warranty period and will be of the very nature of the product.

If the product shows any damage, please contact Medphen’s Customer Service immediately to indicate the procedure for returning the product. At the time the defects are verified, the repair or replacement of the same will be carried out, or the realization of a reduction on the price or the return of all the economic amounts paid, as appropriate in each case. Such arrangements will, in no case, incur a cost to the customer.

To claim the warranty, the consumer can contact Medphen within a general period of 2 years from the delivery of the product and always in accordance with the conditions and limitations provided in the applicable regulations. If the defect or non-conformity is manifested 6 months after delivery of the product after purchase, the customer must prove to the manufacturer or seller that the fault, defect or lack of conformity already existed when the product was delivered so it existed of origin.

In case of non-conformity with the product received, the consumer has the obligation to inform the seller within two months of becoming aware of it.

When a product is not compliant, the customer may choose between the replacement or repair of the same, without being attributed to the customer the expenses that these events entail.

To record the complaint and begin the processing of the incident, the customer must write an e-mail to medphen@medphen.com specifying the facts and will be provided with the necessary instructions to attend to their request.

5.2. Right to desistation

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the users of the following aspects:

All users can exercise their right of withdrawal within a maximum period of 14 calendar days from the time the product was received and must be exercised directly against Medphen. The user who wishes to exercise his right of withdrawal with respect to the purchase made, must in any case follow the following steps:

The user must inform Medphen of his wish to exercise his right of withdrawal through any of the means of customer service, by writing to medphen@medphen.com or, if he/she prefers, by sending any of the another unequivocal statement that you wish to exercise your right of withdrawal. Once received, Medphen will inform the user how to proceed with the return of the product, even before starting the contracting process described in these conditions.

The user must cover the direct costs of the return, informed in any case by Medphen during the process. Likewise, any damage or deterioration of the product during transport and the derived responsibilities will be assumed by the user.

In the case of sealed products that are not suitable for return for health protection or hygiene reasons, the user must deliver the product properly packaged, unsealed and without clear signs that it has been opened, used and/or handled. Once the product has been received, if any type of tamper, damage or sign is detected that would imply that the product in question has been tampered with, opened, modified, altered or there is a risk thereof, the product in question will be returned immediately to the end customer by postal delivery on refund, assuming the customer the shipping costs. In this sense, the return of all those products that are intact will be accepted, and do not present any type of manipulation of the protective film of the box or wrapper.

In case of products that require their opening and use to be able to know if they work properly, Medphen will require to accept its return that the product that is returned is in perfect condition, having all its elements and wrappers. No refund will be processed if it does not meet these conditions. In addition, you are informed that, if you do not proceed to return the product in its original packaging, the product may suffer a depreciation.

Once received the request to exercise the right of withdrawal, the system will send an email confirming that the request has been received. Subsequently, the economic amount paid (including, where applicable, the costs of delivery and less the direct costs of the return will be refunded in case the transport offered by Medphen has been used) within a maximum period of 14 days from the moment of receipt of the application for the right and receipt of the purchased product. In any case, the payment of the economic amounts will be made through the means used by the user to make the initial payment, unless the user expresses another one and in which case may incur additional costs.

In the same way and in accordance with the provisions of current regulations, it will not be possible to exercise the right of withdrawal in cases in which products made according to the specifications of the consumer are purchased or clearly customized, or which, by their nature, cannot be returned or may deteriorate or expire quickly. Likewise, it will not be possible to exercise the right of withdrawal when the products that are already unsealed are not suitable for return for reasons of health protection or hygiene.

As reported throughout these Terms of Contract, the product availability information will appear appropriately on the product sheet itself. In this way, the user is informed that, in the event that a purchased product is not available, when the user has not been expressly informed of such possibility, it will be due to an error in that information of which will directly be responsible Medphen .

Notwithstanding the above, Medphen, in order to guarantee the protection of users, will proceed to refund the financial amounts paid by the customer as soon as possible, although in no case Medphen guarantee that the return time is the same as the time frame used for delivery. Such return will always be made using the means used to make the initial payment.

Medphen will refund the user the price of the product, as well as the initial shipping costs. The user always assumes the return costs.

In the event that the user requests the exercise of his right of withdrawal, all the economic amounts initially paid, including, where appropriate, the costs of delivery, without undue delay and, in any case, before he/she 14 calendar days have elapsed from the date on which the right of withdrawal has been requested and provided that the product has been received or proof of return thereof has been received. However, if the user has been offered various modes of delivery and the user has expressly selected a different mode of delivery than the least expensive method of ordinary delivery, Medphen shall have the right not to return any additional costs arising from this mode of delivery.

5.3. Responsibilities of Medphen.com

Medphen.com compels itself that the contents, data or information regarding the products or services offered on its website are reliable, truthful, and accurate, taking responsibility for the prices and features advertised.

We always make sure that the description of the products is as accurate as possible to reality.

All products offered have legally recognized warranty periods.

5.4. Customer support

Medphen, as responsible for the online platform in charge of the marketing and sale of the products, offers to the final customers a customer service in Spanish and English, available 5 days a week, from Monday to Friday, in Monday to Thursday from 09:00 hours to 19:00 hours and Friday from 09:00 to 14:00  hours in which gives attention to all inquiries, complaints and issues raised in relation to the purchase of products through the system of Medphen .

The contact ways available are:

Telephone: 910 594 185

E-mail: medphen@medphen.com

Postal mail: Dublin 19-III, Las Rozas, 28232 Madrid, SPAIN

To ensure direct attention from the customer service department, in the event of a user's claim, an identification number will be provided, and the proof of claim will be sent to their email address.

Medphen will respond to the claims received as soon as possible and in any case within a maximum period of 1 month from the filing of the complaint.

Pursuant to Regulation (EU) 524/2013, applicable throughout the European Union, Medphen  makes the following link available:  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES. Through this link, you can access the European Online Dispute Resolution Platform (ODR). In case you have had a problem with a purchase or the provision of an online service, you can use this means to file any claim, as well as opt out of the out-of-court settlement of the conflict raised.

6. Unauthorized uses

Medphen reserves the right to cancel the account of the registered user or customer, being able to proceed with the termination of this contract. In particular, the cancellation may be made as a customer and/or as a user in case of detecting the breach of any of the contractual obligations entered into in this act, as well as in case of observing a use of the website and/or the account contrary to general terms of use, website privacy policy and industry-accepted good faith uses.

In this sense, the customer undertakes to:

Do not use the platform or any of the elements that integrate it, to develop timeshare operations, to become a software application service provider to the extent that they are aimed at enabling third-party access to the platform or any of its components, through rental operations, administrative services or any other of similar consideration, by sharing them or making them available to third parties.

Not subject the platform or any of its elements, to activities that lead, directly or indirectly, to the decompilation of its software, involving its submission to operations of a reverse nature to those that determined its construction or that, ultimately constitute or may constitute operations of regressive or reverse engineer, decompilation or disassembly. None of the sections of this contract may be construed as an authorization to access the source code of the platform.

Do not publish the platform or use it as a system of management and exchange of illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property.

Do not subject the platform to workloads that are clearly geared towards destabilizing the platform, including denial-of-service (DDoS) attacks or similar situations. In case of detection of such situations, the level of service indicated above, will not apply, being considered an emergency.

Do not reverse engineer, take requirements and other activities aimed at developing an online platform identical or similar to the making available by Medphen, and this activity may be considered as an act of unfair competition and infringement of Medphen’s intellectual and industrial property rights over the platform.

Do not translate, adapt, improve, transform, correct the platform, or any of the elements that integrate them or otherwise modify it, not being able to incorporate the platform into other software or platforms own or provided by third parties.

Do not withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that Medphen, as the rightful rightsholder, incorporates into its intellectual or industrial property properties ( such as copyright, ©, ® and TM, etc.) either on the platform itself as well as in the associated material.

To make Medphen aware of any event or situation that would have occurred that could jeopardize security in access by authorized users.

It is forbidden to force failures or look for security breaches on the platform.

7. Intellectual and industrial property

From Medphen we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions:

As stated in the Terms of Use, Medphen warrants by this contract that it is the rightful owner of the platform, not being immersed in any type of legal dispute prior to the signing of this contract.

The customer expressly acknowledges that Medphen holds all right, title and interest in the platform and the tools associated with it, as well as all its modules, modifications and updates and any elements and/or functionality that was developed on it.

For this purpose, the recognition of Medphen's ownership of all copyright, intellectual property, and/or industrial rights is included without limitation, and the platform may be exploited, without any restriction of a temporary nature, all the contents published therein, relating to means of dissemination or modalities of exploitation and without any limitations other than those laid down in the laws.

The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform, are exclusive property of Medphen, being duly protected by national and international laws of intellectual and/or industrial property, and may not be further modified, copied, altered, reproduced, adapted or translated by the client without prior express consent from Medphen.

The making available of the platform or the mere access by the client does not imply, in any case, the transfer of its ownership, nor the grant of a right of use in favor of the user other than that expressed in this clause.

In order for the customer to use the platform, the exclusive property of Medphen, Medphen assigns under this agreement a license of use in favor of the customer of a nature: non-exclusive, of temporary scope limited to the duration of this agreement unlimited spatial scope to the extent that it can be accessed from any Internet-based, non-transferable, revocable and non-sublicensable computer.

In any case, it is absolutely forbidden any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and / or public communication, regardless of the means used for it, assuming otherwise the customer or third party infringer all direct or contrived responsibilities that may occur.

For any aspect not expressly recognized in this contract, all rights in favor of Medphen shall be reserved, with the written authorization of Medphen being necessary to be able to carry it out.

8. Responsibilities

The parties undertake to comply with their legal and contractual obligations under this contract. If one party fails to fulfil any of its obligations or impedes compliance by the other party of its obligations, the other party's right to claim compensation for damages caused, both for consequential and loss of profit, will be generated.

The parties shall be liable for the infringements in which they have personally incurred, and the opposing party shall be unscathed against any error, fault or negligence not attributable to it, and any damage arising from such infringements or errors attributable to another contracting party.

Medphen will not be liable in case of unavailability of the product or impossibility of delivery by force majeure, or error in the order or data provided by the user. However, in such cases, Medphen will immediately contact the customer in order to find the best solution to the case.

Medphen will use all commercial and technical efforts at its disposal to keep its services available through the website, which is an obligation that will not, however, apply to any unavailability or performance caused by:

Temporary inactivity of the website due to updating and/or technical maintenance, which will be informed in advance to the seller by e-mail within a maximum period of 48 hours, provided that they are known or communicated to Medphen within a period of time in advance higher than indicated;

Causes beyond control by Medphen: force majeure, problems of Internet access, technological problems beyond the diligent and reasonable management of the owner of the website, actions, or omissions of third parties, etc.

In all cases referred, outside the control and due diligence by the owner, there will be no compensation of Medphen to the client for loss of profit or damages.

In the event of the closure or suspension of the website for reasons beyond the control of the parties, the customer shall be informed promptly of the transfer of the service to a new domain, modifying only the stipulations of this contract as regards the domain in which the platform remains active.

9. Safeguard clause

All clauses or extremes of this contract must be interpreted independently and autonomously, not affecting the other stipulations in case one of them has been declared null and void by judicial judgment or final arbitration decision. The affected clause(s) shall be replaced by another or other clauses which preserve the effects pursued by the conditions of use.

10. Applicable regulation

These conditions are expressly subject to the provisions of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approved the Consumers And Electronic Commerce Act, which approved the Consumers And Users, Royal Decree 1906/1999, of December 17, 1999, regulating telephone or electronic procurement with general conditions, Law 7/1998, of April 13, on General Conditions of Contract, Law 7/1996, of January 15, Of Management of the Retail Trade, Regulation (EU) 2016/679, General Data Protection and other legislation of a general or subsidiary application nature in accordance with the basic principles of ordering Spanish law.

11. Competent courts

These Terms of Contract are governed by Spanish law. The parties submit, at their option, for the resolution of disputes and waiving any other jurisdiction, to the courts of Madrid. To make claims in the use of our services the customer can contact by mail to the electronic or physical address indicated in the section "Identification", committing us to seek always a friendly solution of the conflict.

Last updated: December 1, 2020.

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