Introduction
This contractual document governs the General Terms and Conditions for the provision of services (hereinafter, the “Conditions”) through the website icadig.com, owned by INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P., under the commercial brand INSTITUTO CLÍNICO DEL APARATO DIGESTIVO, hereinafter, the PROVIDER, whose contact information is also provided in the Legal Notice of this website.
These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as the Conditions in effect at the time of placing orders will apply.
Contracts shall not be subject to any formality except as expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understood, and comprehends the content herein.
Is a person with sufficient capacity to contract.
Assumes all obligations set forth herein.
These Conditions shall remain valid indefinitely and apply to all contracts made through the PROVIDER’s website.
The PROVIDER informs that it is responsible for and aware of current legislation and reserves the right to unilaterally modify the Conditions, without affecting the terms and conditions implemented prior to such modification.
Identity of the contracting parties
On one side, the PROVIDER of the services contracted by the USER is INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P., with registered office at CALLE DE CLAUDIO COELLO N.º 117, 28006, MADRID, NIF B01895051, and customer service/USER phone +34 659 34 00 20.
On the other side, the USER is responsible for the truthfulness of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship established between the PROVIDER and the USER at the moment the USER accepts it during the online contracting process by ticking the corresponding box.
The contractual sales relationship entails the delivery, in exchange for a determined and publicly displayed price on the website, of a consultation service.
Correction of data
When the USER identifies errors in the data published on the website or in documents generated through the contractual relationship, they may notify it by email to dpo@galindobarrioabogados.com so that INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P. can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age. Therefore, the USER must provide, freely and voluntarily, the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.
Once the user account has been created, it is informed that, in accordance with Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
General contracting clauses
Activation of services
Right of withdrawal
Complaints and online dispute resolution
Force majeure
Competence
General aspects of the offer
Price and validity period of the offer
Shipping costs
Payment methods, charges, and discounts
Purchase process
Dissociation and suspension or termination of the contract
Warranties and returns
Applicable law and jurisdiction
Unless otherwise expressly agreed in writing, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not activate any service until payment has been verified.
As the order does not involve the physical delivery of any product, and the contracted services are downloaded or activated directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow to perform this download or activation.
The provision of a service will be available as soon as the USER has made the payment and may be activated according to the PROVIDER’s conditions.
If the contract cannot be executed because the service is unavailable within the expected timeframe, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund at no cost, without any liability for damages to the PROVIDER, provided it is done within 24 hours prior to the appointment.
In case of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages exceeding that amount.
The PROVIDER will not be liable if the service is not provided due to false, inaccurate, or incomplete data provided by the USER.
The service will be considered performed when the USER receives the consultation service.
Withdrawal form
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the sales contract if it is a service, to exercise the right of withdrawal, regulated in Article 102 of the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and complementary laws (RDL 1/2007). If the PROVIDER fails to comply with the duty to inform and provide documentation about the right of withdrawal, the period for exercising it will end twelve months after the initial withdrawal period expires, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal will not apply to contracts referred to and listed in Article 103 of RDL 1/2007.
The supply of digital content not provided on a tangible medium when execution has begun, and if the contract imposes an obligation on the consumer or user to pay, when the following conditions are met:
The consumer or user has given prior consent to start execution during the withdrawal period.
The consumer or user has acknowledged that, as a result, they lose the right of withdrawal.
All returns must be communicated to the PROVIDER by email, indicating the corresponding appointment number, at the address of INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P., CALLE DE CLAUDIO COELLO N.º 117, 28006, MADRID.
Any complaint considered appropriate by the USER will be addressed as soon as possible and may be submitted to the following contact addresses:
Postal: INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P., CALLE DE CLAUDIO COELLO N.º 117, 28006, MADRID
Phone: +34 659 34 00 20
Online Dispute Resolution (ODR)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the USER and the PROVIDER, without the need to go to court, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement, potentially suggesting and/or imposing a solution to the conflict.
ODR platform link: http://ec.europa.eu/consumers/odr/
Neither party will be liable for any failure due to force majeure. The fulfillment of the obligation will be delayed until the force majeure event ceases.
The USER may not assign, transfer, or convey the rights, responsibilities, or obligations contracted in the sale.
If any provision of these Conditions is deemed null or unenforceable, the validity, legality, and enforcement of the remaining provisions will not be affected in any way.
The USER declares that they have read, understood, and accept these Conditions in their entirety.
All sales made by the PROVIDER are subject to these Conditions.
No modification, alteration, or contrary agreement to the Commercial Proposal of INSTITUTO MÉDICO DEL APARATO DIGESTIVO S.L.P. or the provisions herein shall have effect unless expressly agreed in writing by the PROVIDER; in such cases, these particular agreements shall prevail.
Given ongoing technical advances and service improvements, the PROVIDER reserves the right to modify specifications regarding the information provided in its advertising, as long as it does not affect the value of the offered services. These modifications shall also be valid if, for any reason, the supply of the offered services is affected.
The prices indicated for each service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include any additional services or annexes to the purchased service.
The applicable prices for each service are those published on the website and expressed in EURO. The USER acknowledges that the cost of some services may vary in real time.
Before completing the purchase, all details of the quote can be checked online: services, quantities, price, availability, charges, discounts, taxes, and total purchase. Prices may change daily until the order is placed.
Once the appointment is fixed and paid, the prices will be maintained.
For any information about the appointment, the USER may contact the PROVIDER’s customer service at +34 659 34 00 20 or via email.
There are no shipping costs.
The PROVIDER is responsible for financial transactions and offers the following payment methods:
Credit card
Security measures
The website uses industry-standard information security techniques such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms to prevent unauthorized access to data. The USER agrees that the PROVIDER may obtain data for authentication of access controls.
The PROVIDER commits not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, that could damage their goodwill, or negatively influence them.
The following activities are prohibited under card brand programs: selling or offering a product or service that does not comply with applicable laws for the Buyer, Issuer, Merchant, or Cardholder.
Cart (budget simulation)
No budget simulation exists.
Orders (purchase requests)
Within 24 hours on business days, the USER will receive an email confirming the status of the appointment.
If any of these terms are deemed illegal, null, or unenforceable, this condition shall be severable and will not affect the validity and applicability of any remaining terms.
INSTITUTO CLÍNICO DEL APARATO DIGESTIVO may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, if the USER does not comply with the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.
Exercising any rights or powers under this Clause does not prejudice or affect the exercise of any other right, power, or remedy available to INSTITUTO CLÍNICO DEL APARATO DIGESTIVO.
Warranties will comply with the provisions of the section “Warranties and After-Sales Services” of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
The Conditions shall be subject to the courts and tribunals of the USER’s domicile, the place of fulfillment of the obligation, or the location of the property if it is real estate.