Article 1.
DEFINITION
Within the context of these terms and conditions the following terms shall be understood as having the following meanings:
- Company: Quale Vita Privé S.L. with registered seat in Spain, 08037 Barcelona, Pau Claris 178 street, 1-2ª. Registered under the number B66280538
- Conditions: Terms and Conditions of the Services
- Client: The person ordering the services provided by the Company
- Parties: The Client and the Company together
- Services: Services provided by the Company under the Conditions
Article 2.
ACCEPTANCE AND ENFORCEABILITY OF THE CONDITIONS
The Client acknowledges that he has familiarized himself with the conditions and has understood and accepted them. The Client acknowledges the primacy of the conditions of any other provision contained in any document, including, where appropriate, any Client’s terms and conditions.
The Conditions constitutes the entirety of the rights and obligations existing between Parties regarding the Services.
Article 3.
OBJECT
The Conditions determine the rights and duties of the Parties regarding the Services ordered to the Company.
Article 4.
MAJORITY AND CAPACITY
The Client confirms that he is at least 18 years of age or has reached the legal majority according to the laws in effect in his state of residence, which may not be less than 18 years of age.
The client confirms that he is capable to order the Services and is not subject to a legal incapacity.
Article 5.
USER ACCOUNT
Access to Services is conditioned by signing of the present Conditions, and as a result of this act inscription of the Client in the database of the Company. The Client is required to provide complete and accurate information.
The Client has to notify to the Company about any modification of his coordinates.
Article 6.
SERVICES
Company performs the following services:
- Organizing preparation of the legal documents allowing to transport the bio-substances from Russian Federation to European laboratories;
- Organizing the transportation of the bio substances from Russian Federation to European laboratories;
- Assistance in making analysis and medical tests in the European laboratories;
- Organizing and (if needed) traducing the medical questionnaires required before the visit of the client to a doctor;
- Organizing visits to doctors according the information sent by the Client;
- Transport support related to visits of the doctors or clinics in Europe;
- Translation and assistance during the visit to a doctor;
- Traducing the medication program;
- Traducing medical information received by the Client during or after the visit;
- Management of the medical file of the client (Patient’s file);
If required by the Client, support in purchasing the medications prescribed by the doctor. In case the prescribed by the doctor medication is not sold in pharmacies, the Client authorizes the Company to purchase this medication on behalf of the Client in any other country.
The Company doesn’t provide any medical service, advice or consultation.
Article 7.
ORDERS
The orders are sent to the Company, between 9:00 and 19:00 Central European Time; by phone in Moscow +7 495 646-04-87; by phone in Spain +34 936-31-66-46 or by e-mail: info@quale-vita.com
The orders have to mention all the coordinates of the Client. The information has to be complete and correct.
When the order is received, the Company and the Client will agree on the date and hour of the visit to the doctor taking into account the doctor/clinic schedule and individual Client’s wishes.
In some cases, the Client will receive from the Company a medical questionnaire necessary for the doctor to prepare the visit and in order to prescribe medical analysis. I this case the Client is obliged to send back the filled in questionnaire not later than two weeks before the agreed date of the visit.
Not later than two weeks before the agreed visit day, the Client should confirm or cancel the agreed date and time of his/her visit to the doctor.
The Company reserves the right to refuse all or part of the Client’s orders, depending on availability of the doctor, the feasibility of the order or any item deemed sufficient by the Company.
Article 8.
MODIFICATION AND CANCELLATION OF THE ORDER
14 days before the visit, the Client has the right to cancel and transfer it for the other day. The transfer of the date should be discussed and agreed with the Company.
If the visit is cancelled, all the services described in article “Services” that has been already provided, will be integrally charged to the Client.
If the visit is cancelled less than 14 days before the visit to the doctor, the company has right to charge the Client 100% of the doctor’s fees for the visit. The Client guarantees to pay such invoice in 5 (five) days after receiving it.
Article 9.
PERSONNAL DATA
The Company commits to collect and to use the personal data of the Client according to the EU General Data Protection Regulation (GDPR) of 14 April 2016 regarding the protection of privacy.
The company collects and stores the following data:
- personal and contact information;
- medical data, physical parameters;
- results of medical research;
- photo, video and audio materials of medical researches and visits.
The Client can send a request to the Company by email to the following address: info@quale-vita.com, and without any extra charge, to change correct, amend his or her personal data.
The Company commits to do his best effort to protect the personal data’s in order to avoid any access to them and to prevent them from being distorted, damaged or communicated to unauthorized third party.
To perform medical research and visits to doctors, the Company is allowed to transfer the Client's data to medical companies, clinics and diagnostic laboratories.
The Company is allowed to transmit the personal data of the Client upon request of a legal authority or, in good faith, if the transmission is required in the following hypothesis:
- to comply with a law or a regulation;
- to protect and defend the rights or property of the Company or of the Website;
- and to intervene, under extreme circumstances, in order to protect the personal safety of User, of the Website or of the public.
The Company stores the Customer's personal data for 5 years from the last order, after which the data is to be deleted.
Article 10.
EXCLUSION OF GUARANTEES
The Services are provided in its current condition and the Company shall give no guarantees in this regard. In particular, the Company doesn’t guarantee the following:
- the appointment with the doctors, the medical consultation, the treatment, etc. will correspond to the needs of the Client,
- the availability of the doctors who is allowed to cancel the appointment because of any medical or personal emergency.
The Company doesn’t guaranty any aspect linked, directly or indirectly, to any kind of medical aspects. As intermediary, the Company is not concerned and parts of the relation, discussion, exchange etc. between the Client and the doctors.
If the Client previously requested the assistance in purchasing the prescribed medications, the Company doesn’t accept back or change the medications sold to the Client and doesn’t pay back the money paid.
Article 11.
PAYMENTS
To pay services according to planned or executed Orders, Company sends invoices to Client.
Company services are paid by Client by bank transfer to the Company's account or by payment card on the Company's website.
The Client has to pay the Company’s invoices in the 5 days following its receipt. In case of delay of payment, the Company will have right to increase the amount of the invoice by of 0,1 % for every missed payment day.
The Company reserves the right to suspend and/or stop the performance of the Services, without prior notice needed, in case of lack of payment more than 14 days after preparing and sending the invoice to the Client.
Article 12.
OBLIGATIONS OF THE USER
The Client has to comply with the instructions, messages, rules, terms and conditions set by the Company.
The Client won’t have the opportunity to cancel the Services or challenge the Company’s invoices based on the color skin, nationality, the religion or any element regarding the person of the doctors.
The Company is not concerned by the existence of health insurance. The Client is the only person who can deal with his insurer and obtain the eventual reimbursement of the medical cost paid.
If the medical services are intended to a minor person. The Client has to communicate to the Company at first demand, the ID of the minor and/or the legal documents needed to let him leave the country of his domicile. If the parents are divorced, the Client has to provide the written agreement of the other parents regarding the Services.
Article 13.
LIABILITY
As intermediary, the Company can’t be liable for any aspect concerning any medical services provide to the Client.
According the information sent by the Client and the medical aspect identified, the Company provides him the coordinates of a doctor. The Client can make is own research about the doctor, his notoriety and his professional experience.
The Company is not linked, in any way, to the doctors who are allowed to refuse to meet the Client.
The Company can’t be liable in case of communication of incorrect and/or incomplete and/or false and/or late information by the Client.
The Company can’t be liable in case of communication of false or incorrect document regarding a minor. The Company doesn’t have to check the correctness of the information, whatever it is, send by the Client.
Article 14.
FORCE MAJEURE
The Company shall not be held liable, either contractually or extra contractually, in the event of default, whether temporary or definitive, on its obligations, when this default results from a case of force majeure or unforeseeable circumstances. The following events shall notably be considered as particular cases of force majeure or fortuitous events: (1) The loss or partial or total destruction of the computer system of the Company or of its database, when one or other of these events are cannot reasonably be attributed directly to the Company and it has not been demonstrated that the Company has failed to take reasonable steps to prevent one or the other of these events, (2) earthquakes, (3) fires, (4) floods, (5) epidemics, (6) acts of war or terrorism, (7) strikes, whether declared or undeclared, (8) lockouts, (9) blockades, (10) insurrections and riots, (11) interruption to energy supplies (such as electricity), (12) failure of the Internet network or of a data storage system, (13) failure of a telecommunications network, (14) a loss of connectivity to the Internet or to the telecommunications network on which the Company is dependent, (15) an action or decision by a third party, when this decision affects the proper performance of this contract or (16) any other cause beyond the reasonable control of the Company.
Article 15.
MISCELLANEOUS CLAUSES
These Conditions shall constitute the whole of the agreement between the Parties regarding the use of the Website.
The User hereby accepts that the Company shall send it notifications by e-mail, letter or by dissemination via the Internet.
If one or several clauses of this contract are declared null or not applicable, the nullity or inapplicability shall not affect the validity or applicability of the other clauses of the Conditions.
The fact that at a given time, the Company fails to demand the strict application of the Conditions shall not be considered as a waiver of the rights available to it and shall not prevent the Company from demanding the strict observance of the same.
Article 16.
APPLICABLE LAW AND CLAUSE ATTRIBUTING JURISDICTION
These Conditions are subject to Spain law.
The User expressly acknowledges that all disputes arising from these Conditions and/or the use of the Website shall fall under the exclusive jurisdiction of the Courts of the judicial district of Barcelona (Spain).
These Conditions are made in two languages - English and Russian. In case of any dispute in the court the English version will prevail.