Terms and Conditions
Terms and Conditions of Use and Sale – MyINDIBA App and Online Shop
1. Ownership – Legal Information
1.1. The mobile application “MyIndiba” (“App”) is owned by INDIBA S.A.U. (“Indiba”), a company legally set up under Spanish law, with a registered office at Calle Moianès, nº 13, Pol. Ind. Casablanques, 08192 – Sant Quirze del Vallès (Barcelona), with the tax identification number A08788804. INDIBA S.A.U. is registered in the Companies Registry of Barcelona, under Volume 23714, Folio 44, Page B59850. Likewise, the website hosting the INDIBA products online shop in the future will also be owned by Indiba (the “Online Shop”). Hereinafter, the App and the Online Store shall be jointly referred to as the “Platform”.
1.2. You can contact us by the means indicated in section 5, “Contact.”
2. General Provisions for the Platform
2.1. Acceptance and Integrity
2.1.2. Users acknowledge and agree to have read and understood the Legal Terms. By using the Platform, Users expressly acknowledge and agree to be bound by them to the extent applicable.
2.1.3. The unlawfulness, invalidity, or ineffectiveness of any provision of the Legal Terms shall not affect the effectiveness of the remaining provisions. Such provisions shall be replaced or integrated with other provisions which, being in accordance with the law, serve the purpose of the replaced provisions. The parties waive any claim for damages that may be claimed as a result of this circumstance.
2.2.1 Indiba reserves the right to modify the Legal Terms. Please note that in no event will modifications to the Legal Terms apply retroactively unless expressly stated to be in the best interests of our Users and/or to comply with applicable law from time to time.
2.2.2. In the event that the Legal Terms are modified, Indiba will make every effort to inform Users so that they can comply with the new applicable conditions and accept them or refrain from using the Platform and terminate their User account, if applicable. In any case, it is important that Users regularly check the Legal Terms.
2.2.3. If there is any conflict between these Legal Terms and any previous version of these Legal Terms and, unless otherwise determined, the most recent version of these Legal Terms shall prevail.
2.3. Professional Field
2.3.1. The Platform is aimed at entities and/or professionals in the following fields: medical, medical-aesthetics, podiatry, physiotherapy, veterinary, beauty, and aesthetics.
2.3.2. Users may only benefit from the services and purchase products through the Platform if they have all the licenses, permits, authorizations, insurance coverage, and other requirements required by the applicable regulations for the exercise of their primary activity related to these areas.
2.3.3. For all purposes, the User represents and warrants to Indiba that he/she is and shall be entitled to carry out his/her activity and, in any case, exonerates Indiba from any liability arising from a breach of the preceding. In the event that, for any reason whatsoever, the User does not meet the necessary requirements to carry out his/her activity, whether initially or subsequently, he/she must refrain from using the Platform.
2.3.4. Indiba reserves the right to require Users to provide all documentation proving that they have all the licenses, permits, authorizations, insurance coverage, and other requirements mandated by the applicable regulations to carry out their activity, with the User declaring that said information is true, accurate, complete, and current.
2.4. Use of the Platform
2.4.1. The User agrees to use the Platform in accordance with the law, standards of acceptable morality, generally accepted good practices, public order, and the Legal Terms. In particular, but without limitation, the User agrees not to use the Platform for illegal purposes, those that are contrary to the provisions of the Legal Terms, or to undermine our rights and/or interests, as well as those of third parties, or to otherwise damage, disable, overload or impair the Platform or prevent its normal use.
2.4.2. Likewise, Users undertake to respect the rights of privacy, intimacy, image, and honor of other Users.
2.4.3. Indiba reserves the right, at any time and without prior notice, to disable, temporarily or permanently, the User’s access to the Platform and its content and services (including access to their account) in the event that, in our opinion, the User has violated any provision of the Legal Terms and/or regulations applicable thereto, or there is reasonable doubt in this regard. Likewise, and in any case, Indiba may carry out any investigation work it deems necessary to prevent the above, including collaboration with competent law enforcement agencies.
2.4.4. The User shall inform Indiba immediately if he/she becomes aware that a third party is using his/her account without authorization.
2.5.1. Indiba reserves the right to include its own or third-party advertising on the Platform.
2.5.2. Users declare that the content they upload and/or share on the Platform shall not contain their own or third-party advertising.
2.6. Exclusions of Liability
2.6.1. When presented with unpredictable situations that characterize technological environments and the Internet, Indiba reserves the right to temporarily suspend the Platform, whether for technical, security, or maintenance reasons.
2.6.2. Suspension of the Platform does not confer any right to compensation or indemnification to the User. However, Indiba will use its best efforts to limit, whenever possible, any suspension or interruption of the Platform.
2.6.3. Indiba also reserves the right to implement and make changes and/or updates to the Platform at any time, with or without prior notice, which may affect the accessibility of the Platform.
2.6.4. In this regard, the User accepts that Indiba shall not be liable, as a result of such actions, for the elimination or failure to make certain services or functionalities of the Platform available.
2.6.5. Indiba does not represent or warrant that certain results will be obtained from the use of the Platform beyond those that are typical of the nature of the service or product in question. Accordingly, in no event shall Indiba, its representatives, officers, or employees be liable for any incidental, indirect, or direct damages, including, without limitation, any lost profits, consequential damages, lost data or business opportunity, or software errors, whether foreseeable or not, resulting from or in connection, directly or indirectly, with the use of the Platform.
2.6.6. Under no circumstances shall Indiba be responsible for those contents, activities, products, and/or services that may be accessed through electronic links (including “deep links”), directly or indirectly, related to the Platform. The links included, or that may be included in the Platform, do not represent any type of relationship between Indiba and the natural or legal persons owning the websites that may be accessed through said links, nor do they imply any suggestion, invitation, or recommendation whatsoever regarding the website or its contents.
2.6.7. Indiba shall not be liable for any loss or damage that the User may suffer as a result of improper use of the Platform or the User’s failure to comply with the Legal Terms or instructions provided by Indiba through any communication channel.
2.6.8. The creation of frames with or on the sections of the Platform is prohibited.
2.7. Intellectual and Industrial Property
2.7.1. The User acknowledges and agrees that all rights, titles, and interests in and associated with the Platform, its contents, and software applications, including any modifications, updates, and new versions, as well as any distinctive sign (registered or not), know-how, trade secret, intellectual property right, industrial property right (registered or not), domain name or any other industrial or intellectual property right inherent to the Platform, are the exclusive property of Indiba or are owned by third parties and used by Indiba under license and with the due authorization of such third party owners.
2.7.2. In this regard, the User acknowledges and accepts that he/she does not acquire any intellectual or industrial property rights by the mere use of the Platform and/or any of its functionalities. Therefore, at no time shall such use be considered as an authorization or license to use the contents of the Platform, including its texts and Legal Terms, for purposes other than those contemplated therein.
2.7.3. As a result of the foregoing, the total or partial reproduction, modification, transformation, copying, distribution, public communication, making available to the public or any other form of exploitation of the Platform, its contents (including its texts and Legal Terms), applications, design and form of presentation of its contents, as well as its source/object code and all those elements that make up its structure and appearance (“look & feel”) is prohibited.
2.7.4. Furthermore, the User acknowledges and agrees that it is prohibited to decompile, reverse engineer, or make derivative works of the software that supports the operation of and access to the Platform and the services contained therein, except where permitted by law.
2.7.5. Failure to comply with any of the provisions herein entitles Indiba to take appropriate legal action against the infringer to defend its rights, titles, and interests, including the possibility of claiming damages.
2.8.1. The provision of services does not include the network connection (GPRS, Edge, 3G, 4G, 5G, or Wi-Fi) necessary for the Platform to function, and each User must contract with the operator of their choice, taking special care with data consumption due to the Platform’s use of high consumption functionalities. Nor does it include the device necessary for the Platform to function, and it shall be up to each User to acquire the device of their choice for this purpose.
2.9. Force Majeure
2.9.1. Any delay or failure by Indiba to comply with the Legal Terms shall not be deemed a breach of the Legal Terms and shall be excused to the extent caused by any cause beyond Indiba’s reasonable control, including acts of God, power outages, natural disasters, restrictions by public authorities, inclement weather, strikes, public disturbances, pandemics, outbreaks of previous pandemics or threats of such events occurring.
2.9.2. If, after thirty (30) days from the commencement of the force majeure event, it persists in such a way as to prevent the fulfillment of the Legal Terms, either party may terminate the contractual relationship and/or the affected transaction.
2.10. Applicable Law and Jurisdiction
2.10.1. The interpretation and application of the conditions and policies of the Platform shall be governed by Spanish law.
2.10.2. To resolve any discrepancy that may arise in the interpretation and/or execution of the Legal Terms, the parties submit to the jurisdiction and competence of the courts of the city of Barcelona (Spain), expressly waiving any other forum that may correspond to them.
2.10.3 Although the Platform is aimed at persons in the professional fields referred to in section 2.3 and, consequently, the regulations for the defense of consumers and Users would not apply, in the event that these regulations apply to them and these regulations establish that consumers and/or Users may choose the jurisdiction corresponding to their place of residence, the Users to whom these regulations apply may proceed in accordance with the same.
2.10.4. Similarly, Users who are considered consumers are informed that the European Commission has established an Online Dispute Resolution Platform to resolve disputes relating to contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a company established in the Union. Users can obtain additional information through the following link: http://ec.europa.eu/consumers/odr/.
3.1. The services
3.1.1. Through the App, we offer Users a series of informative services related to Indiba products (the “Services”) in order to get closer to our customers and thus generate a community of Users.
3.1.2. The services available may vary from time to time and may include, but are not limited to, instructions and recommendations on how to use Indiba products, information on events organized and/or in which Indiba participates, training, promotions, discounts, news and any other information that Indiba deems necessary about its products in order to provide a better experience in relation to such products, including enabling the Online Store for the purchase of Indiba products.
3.1.3. The services are only offered to entities and/or professionals in the professional fields referred to in section 2.3.1. Any other User who does not fall within any of these professional characteristics should refrain from using the App.
3.1.4. At any time, Indiba may terminate, in whole or in part, the services immediately and automatically and without the need for notice of termination and without compensation of any kind to Users and/or any third party.
3.2 Registration and Access
3.2.1. Registration will be necessary to access the App (and, where applicable, the Platform). Users must be those professionals indicated in section 2.3 who have acquired an Indiba device and will access, as necessary, with the serial number of the device they have acquired, in addition to other requested data. Indiba reserves the right to grant access to other professionals in the aforementioned fields, such as pharmacists, by means of individual access codes or similar forms.
3.2.2. By registering as a User, you represent and warrant that you are of legal age and have sufficient legal capacity to contract, as well as that you are a professional authorized to access.
3.2.3. Notwithstanding the foregoing, in order to register and maintain the account, Users must:
(i) Provide the requested registration information, which must be current and accurate as set out in the preceding paragraphs;
(ii) maintain the confidentiality of your User account, which shall be unique and non-transferable; and
(iii) keep all information provided to the Platform up to date and notify us of any changes.
3.2.4. In certain cases, access to and use of the App (and, where applicable, the Platform) may be modified in accordance with any agreements that Indiba may have entered into with collaborating companies.
3.2.5. Indiba reserves the right to request additional information from the User to verify compliance with the requirements set out in these Legal Terms.
3.3.1. The information in the App is general in nature and should not be interpreted as specific and/or individualized advice from Indiba to Users. In this sense, Indiba shall not be held responsible, under any circumstances, for the use made by Users of the services.
3.3.2. Under no circumstances may the services be considered to be of a medical, veterinary, therapeutic, restorative, aesthetic, or any other health-related nature.
3.3.3. The relationship with each patient/client corresponds to each User in question and not to Indiba. Indiba does not provide such services, nor does it interact with clients/patients. Any medical, veterinary, therapeutic, restorative, aesthetic, and/or health-related decision is, in any case, the responsibility of the Users and/or the centers to which the Users are attached.
3.4. Rights Granted to Indiba
3.4.1. Users represent and warrant to Indiba that they have the necessary authorization to apply Indiba treatments to their patients and that, in the event of a medical incident, INDIBA may collect the necessary information in compliance with its regulatory obligations.
3.4.2. Furthermore, Users understand and agree that Indiba may monitor any content uploaded by Users for the purpose of verifying compliance with the Legal Terms.
3.5. Pricing of App Services
3.5.1. Indiba offers the services of the App free of charge, except for those services and/or products offered and/or promoted through the App that may entail a cost (for example, tickets for events or similar, training courses, complaints, etc.)
3.6.1. The provision of the services offered from the App (and, where applicable, from the Platform) will terminate automatically without the need for notice of termination and without compensation of any kind if the User breaches any provision of the Legal Terms. Furthermore, Indiba reserves the right to cancel or suspend the corresponding User account on these grounds.
4. Conditions of Sale of the Online Shop
4.2. Territory Scope
4.2.1. This Online Shop only allows sales in the Spanish mainland and the Balearic Islands, excluding the territories of the Autonomous Community of the Canary Islands and the autonomous cities of Ceuta and Melilla and other countries. Therefore, the products offered through this Online Store are only available for shipment to that territory. In case you reside outside of this territory, and you are interested in any of our products, please contact us at [email protected].
4.2.2. Notwithstanding the foregoing, Indiba reserves the right to extend the marketing of its products through the Online Store to other territories and countries in the future.
4.3. Subjective Scope
4.3.1. In order to purchase our products through the Online Store, the User must have registered through the App (for those professionals and/or entities referred to in section 2.3.1), and in the case of natural persons, they must also be of legal age. Otherwise, you must refrain from placing any order. By confirming an order, you represent and warrant that you are of legal age and have sufficient legal capacity to contract. Furthermore, the sale of Indiba products is not available to the general public but only to the entities and/or professionals, as referred to in section 2.3.
4.4. Products and Photographs
4.4.1. The products offered in the Online Shop shall be those determined by Indiba.
4.4.2. Indiba uses photographs and descriptions to provide an illustrative and approximate image of the products to provide an overview without implying their accuracy. For example, Indiba does not guarantee that the appearance will be the same as shown in the photograph.
4.5. Purchasing Process
4.5.1. Users, duly registered, can purchase our products through the Online Store by following the steps and procedures always indicated.
4.5.2. To continue with the purchase, the User must indicate the quantity of products and click on the corresponding button to add them to the “Shopping Cart.” The procedure described here will be the same for each of the products to be purchased.
4.5.3. Once all the products to be purchased have been selected, the User will be able to access a summary of the order. If the User has a discount code, this is the moment to enter it in the corresponding section. In addition, the User must have accepted the Legal Terms applicable to the Online Store to access the last step.
4.5.4. Finally, the User must fill in and/or confirm the shipping and/or billing information and proceed to payment.
4.5.5. If the User has any questions regarding the purchase process, he/she may contact Indiba at [email protected].
4.6. Order Confirmation
4.6.1. The confirmation of the order by the User constitutes a contractual offer to purchase the product in question. The offer shall be completed at the time when Indiba confirms the order by sending a confirmation email or similar. This email shall contain the amount of the order, including VAT (or other applicable taxes) and other costs (e.g., shipping costs), and information on the shipping method.
4.6.2. Once the purchase procedure has been completed, the User consents to Indiba generating an electronic invoice that will be sent to him/her by email and, where applicable, through his/her personal space in the Online Store. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Indiba.
4.7.1. The price of the products is that which is indicated at all times in the Online Shop. The price will always be in Euros (€). The prices are shown with the corresponding VAT and/or other applicable taxes. The costs will be broken down separately, such as, for example, the shipping costs that the User may incur. In specific cases, we may offer free shipping of products, which may be subject to specific conditions of temporality or volume of purchase, among others, which will be previously announced in the Online Store.
4.7.2. Indiba reserves the right to modify a price if it detects a material error in its indication even after the User has made the purchase and received the order confirmation email indicated in section 4.6. In such a case, the price variation will be communicated so that the User can decide whether to continue with the order or cancel it.
4.8.1. At the time of placing the order, the User represents and warrants to Indiba that he/she has the necessary authorizations to use the selected means of payment, exempting Indiba from any liability for unauthorized or unlawful use.
4.8.2. Payments refused, in whole or in part, by the relevant entity will automatically result in the cancellation of the order.
4.8.3. The accepted means of payment is by credit or debit card through a payment gateway that guarantees the security, integrity, and confidentiality of bank details when they travel over the internet. The Online Shop is equipped with security tools that meet the highest market standards, such as SSL (Secure Socket Layer) encryption.
4.8.4. These payments are subject to checks and authorizations by the bank issuing the cards. If the said banking authority does not authorize payment, Indiba shall not be liable for any delay or non-delivery and shall not be able to enter into any contract with the User.
4.8.5. In particular, payments by bank card will be processed by Redsys, which applies appropriate security measures for online payments. This payment gateway is adapted to bank card protocols.
4.8.6. Indiba does not have access to confidential card information.
4.9. Technical Means to Correct Errors
4.9.1. The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request in the Online Store, he/she may modify the same through his/her personal connection space in the Online Store or by contacting Indiba through the contact spaces provided in the Online Store and/or, where appropriate, through those provided for contacting Customer Service and/or using the contact details provided in these Legal Terms.
4.9.2. In any case, the User has access to the Shopping Cart where his/her purchase requests are recorded and can make any modifications he/she considers necessary before clicking on the “FINISH PURCHASE” button.
4.10. Discounts and Vouchers
4.10.1. Offers, discount codes, and vouchers are valid as long as they are used for the duration of their validity and respect the conditions for their use that will be specified in each case (e.g., minimum amount, accumulation of discounts, nominal use, etc.). Under no circumstances may these discounts be refunded. Unless an express exception is made, no discount may be combined with any other discount or discounted product. Discounts are not transferable to other persons, and their commercialization is prohibited.
4.10.2. Vouchers must be used on a single order unless otherwise indicated in the specific conditions of use of the voucher that will be detailed in each specific case. If the order is less than the amount of the voucher, you will lose the right to use the difference on other purchases. If the order is more than the amount of the voucher, you will have to pay the difference. The vouchers will not be transferable to other people, and their commercialization is prohibited.
4.11. Product Availability
4.11.1. All orders placed through the Online Shop are subject to the availability of the products and/or that no circumstance or force majeure (see section 16 of these Conditions) affects the supply of the products. The Online Shop does not specify whether the references selected are in stock. In the event of difficulties in the supply of products or if there are no products in stock, Indiba undertakes to contact the User and reimburse any amount that may have been paid by way of payment. Under no circumstances will any compensation be due.
4.11.2. In the event of modification of the product specifications, Indiba shall update the catalog. However, Indiba reserves the right to refuse an order if, having modified any product specification, the order is placed before the catalog is updated, in which case Indiba undertakes to contact the User to inform him/her of the update and to reimburse, in the event of cancellation by the User, any amount that may have been paid by way of payment. Under no circumstances shall any compensation be payable.
4.12. Shipments and Deliveries
4.12.1. The shipping method is the one predetermined by Indiba. Shipments/deliveries are only made to addresses within the aforementioned Spanish territorial area.
4.12.2. Deliveries are made from Monday to Friday and may be altered by public holidays, depending on the product and/or the quantity ordered. Home deliveries are made on working days. Deliveries are not made to post office boxes. While Indiba will endeavor to deliver orders as promptly as possible, transportation is subject to factors beyond Indiba’s control.
4.12.3. Where applicable, Users may cancel an order if, after thirty (30) calendar days from the date of confirmation of the order, the User has not received the products for reasons attributable to Indiba by contacting Indiba by email at [email protected].
4.12.4. Absence at the address indicated by the User shall in no case be a valid reason to cancel an order due to the expiry of the aforementioned period. In the event of absence, the User must follow the instructions of Indiba or the transport company to proceed with the delivery of the product at a later attempt(s).
4.12.5. These subsequent delivery attempts after the first attempt may entail additional costs for the User. However, Indiba shall not be liable for any damage to the product resulting from the delay in delivery that is attributable to the User.
4.12.6. Once the dispatch of the order has been confirmed, the User will be able to consult the carrier and its location code so that he/she can track the purchased product. This code is the responsibility of the transport company, and Indiba is not responsible for its correct functioning.
4.12.7. For the purposes of these Conditions of Sale, delivery shall be deemed to have taken place with the material acquisition of the product by the User or a third party authorized by the User, which shall be accredited by means of a signature or similar system implemented by Indiba and/or the transport company.
4.13. Returns Policy
4.13.1. The User shall be obliged to take delivery of the products purchased and delivered by Indiba unless the User detects a defect in quantity or quality upon receipt of the goods.
4.13.2. Insofar as the transaction is a commercial sale and purchase when the products have been delivered, the User shall be responsible for verifying their integrity and shall have a period of 48 hours from receipt of the packaged products and shall notify Indiba within this period to make a complaint regarding the quantity or condition of the products received. In this case, the User may choose to replace the product or to be reimbursed.
4.13.3. Returns are accepted due to (i) damage during transport, provided that Indiba is responsible for arranging transport, or (ii) within the limits set out in section 4.13.2 when the products are found to be defective or incorrectly delivered. In the case of a return of medical accessories that have already been used for the purpose of replacement or repair, these products must be decontaminated if they have been used with or exposed to body fluids. In order to comply with health requirements and safety legislation, a certificate of decontamination of these products is mandatory.
4.13.4. If a return is necessary, the User shall contact Indiba by email at [email protected] to obtain a return authorization. All physical returns must be accompanied by the corresponding return authorization, which must state the product reference, the quantity, and the reason for the return. All return shipping costs must be paid by the User unless circumstances require an agreement whereby India pays for them. Returns will only be accepted for products originally and directly purchased from Indiba through this Online Store, never through distributors; in this case, the User must contact the Distributor directly.
4.13.5. Insofar as the Online Shop is aimed at the professional sector, consumer and User regulations do not apply as a general rule. In the exceptional event that such regulations do apply, the User would have the right to withdraw within fourteen (14) calendar days, without the need for any justification, from the day of the material acquisition of the product, applying, in any case, the rest of the legal provisions in this regard. Please note that some products are, due to their nature or the characteristics of the applicable sectorial regulations, excluded from the right of withdrawal, such as, for example, personalized products, products that may deteriorate or expire quickly, or products that, for reasons of hygiene or health are sealed and have been unsealed after delivery.
4.13.6. In any case, as a condition of return, the products purchased must be returned in perfect condition and with the original unopened seal, if any, the instructions and other documents if any, accompanying them, as well as a copy of the purchase invoice. In this sense, if it is a pack, it cannot be divided, so the whole pack must be returned.
4.14. Cancellation of Orders
4.14.1. Indiba reserves the right to cancel firm order(s) if, for reasons beyond its control, it considers it necessary to do so, even after having received the order confirmation email indicated in section 4.6. In this case, Indiba will inform the User by email to the address indicated when registering, giving the User the option of supplying other products for the same amount or refunding the amount initially paid by the same method of payment, thus canceling the initial order placed without the User being entitled to any indemnity or compensation of any kind.
4.15. Complaints and Claims
4.15.1. Users may send Indiba their complaints, claims, or any other comments they wish to make by email to [email protected].
4.16. Product Guarantee
4.16.1. Indiba provides legal warranties for hidden defects for each type of product. In addition, Indiba may provide additional warranties in the instruction manual and/or in the Product Warranty Document.
4.16.2. In the case of a defective product, the User must inform Indiba through the same procedure provided for the return so that we can replace the product if applicable.
4.16.3. The warranty only covers manufacturing defects, expressly excluding defects resulting from improper use or poor maintenance.
4.16.4. In no event shall Indiba be liable for any loss or compensation for damages suffered by the User as a result of defects in the products caused by natural wear and tear, fire or accident, willful damage, misuse, or negligence/lack of proper training by the User or its personnel, unauthorized installations, modifications or repairs to the products carried out by the User or third parties outside the company, or as a result of failure to follow the recommendations for use specified in the instruction manual and/or indications for the product in question.
5.1. For any general inquiries relating to the Platform, Users may contact us directly via:
Email: [email protected].
Phone number: (+34) 93 265 55 22.
Postal address: C/Moianès, 13 Pol. Ind. Casablanques 08192 Sant Quirze del Vallès (Barcelona) Spain.
Contact forms available on the Platform.