1.-PURPOSE

This document establishes the conditions governing the registration of users in our App as well as the purchase of products or services through http://www.lactapp.es, (hereinafter, the «Conditions»). Please read these Terms carefully before registering or placing an order through http://www.lactapp.es, and if you have any questions regarding the provisions of these Terms, please contact us at the following email address: [email protected] or [email protected].

These Conditions may be modified. It is your responsibility to read them periodically, since they will be applicable those that are in force at the time of your registration or making your purchase or order.

You declare to be of legal age and to be the holder of the bank card that, if applicable, could be used to make payments through this Web Site. In case of paying by Paypal or Amazon Pay you declare to be the account holder of the aforementioned payment methods through which you can proceed to payment.

Through the website http://www.lactapp.es, LACTAPP WOMEN HEALTH, S.L. sells and makes available articles of Application dedicated to breastfeeding and maternity.

The products we sell on our website are manufactured by third parties and in each case must be used as set out in their respective modes of use or instructions, given the characteristics of these products. Not being responsible LACTAPP WOMEN HEALTH, SL, for any uses or applications in respect thereof may be made improperly as well as that they meet the expectations of the user in accordance with the information provided in each case by the manufacturers.

2.-OUR DATA
The sale of items through this website http://www.lactapp.es is made by LACTAPP WOMEN HEALTH, SL owner of this Web Site (hereinafter the «Responsible» or LactApp «), with registered office at Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain with CIF B66777780 and email [email protected]

3.-YOUR DATA . PRIVACY POLICY
One of the purposes of these general conditions of contract is to make known the conditions governing the collection and processing of your personal data by LactApp to ensure the fundamental rights, your honor and freedoms, all in compliance with current regulations governing the Protection of Personal Data according to the European Union and the Spanish Member State.

In accordance with these regulations, we need to have your authorization and consent for the collection and processing of your personal data, so that below, we indicate all the details of interest to you regarding how we perform these processes, for what purposes, what other entities may have access to your data and what your rights are.

For all of the above, once you have reviewed and read our general terms and conditions, it is essential that you accept them as proof of your agreement and consent.

a.-Treatment responsible
Who collects and processes your data?

The Data Controller is that natural or legal person, of a public or private nature, or administrative body, which alone or jointly with others determines the purposes and means of the processing of personal data; in the event that the purposes and means of the processing are determined by the law of the European Union or the Spanish Member State.

In this case, our identification data as Data Controller are the following:

LACTAPP WOMEN HEALTH, S.L- CIF B66777780

How can you contact us?

Registered office:
Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain.
Email: [email protected] Phone: 693 058 425

Postal address:
Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Who can help you with our Data Protection Policy?

We have a person or entity specialized in data protection, which is responsible for ensuring proper compliance in our organization of the legislation and regulations in force. This person is called Data Protection Officer (DPO) and, if you need it, you can contact him/her as follows:

AURATECH LEGAL SOLUTIONS SL- CIF B87984621
Email: [email protected] Telephone: 0034 91 113 49 63

b.-Security measures
What do we do to guarantee the privacy of your data?

Our entity or corporate group adopts the necessary organizational and technical measures to ensure the security and privacy of your data, avoid its alteration, loss, treatment or unauthorized access, depending on the state of technology, the nature of the data stored and the risks to which they are exposed.

Among others, the following measures stand out:

Ensure the permanent confidentiality, integrity, availability and resilience of processing systems and services.

Restore availability and access to personal data quickly in the event of a physical or technical incident.

Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.

Pseudonymize and encrypt personal data in case of sensitive data.

c.-Purposes of the processing  

Why do we want to process your data?

We need your authorization and consent to collect and process your personal data, so here are the intended uses and purposes.

Chat Application Answer specific questions about breastfeeding and other issues related to sexual and reproductive health of women and review the images and videos that we receive.

Commercial communications Marketing, advertising and commercial prospecting

Health data of users or subscribers Provision of information, help and advice on maternity and breastfeeding in a personalized way.

Ecommerce LactApp Shop Online purchase of products on the web.

Management of registration as subscribers and users Process registrations, information and payments of people who register in the App.

User Registration Register in the application.

How long do we keep your data?

We use your data for the time strictly necessary to fulfill the purposes stated above. Unless there is a legal obligation or requirement, the expected retention periods are:

Chat Application : As long as the business relationship is maintained. The personal data provided will be kept as long as they are necessary or relevant for the purpose for which they were collected or registered.

Commercial communications: As long as their deletion is not requested by the interested party.

Health data of users or subscribers: As long as the commercial relationship is maintained. The data are kept as long as the business relationship is maintained for the provision of the service, with the cancellation of the account the data may continue to be used for research purposes after having anonymized them.

Ecommerce LactApp Shop : For a period of 5 years from the last confirmation of interest.

Management of registration as subscribers and users : As long as the business relationship is maintained. The data are treated until the user or subscriber cancels his account.

User registration: As long as the business relationship is maintained.

d.-Legitimacy of treatment 

Why do we process your data?

The collection and processing of your data is always legitimized by one or more legal bases, which we detail below:

Chat Application: (Art. 6.1.a RGPD) Consent of the data subject ; (Art. 8.1.b RGPD) Consent of the holder of parental authority or guardianship of a minor under 14 years of age or person physically or legally incapacitated ; (Art. 6.1.b RGPD) Existence of a contractual relationship with the data subject by contract or pre-contract.

Commercial communications: Explicit consent of the data subject.

Health data of users or subscribers: (Art. 6.1.a RGPD) Consent of the data subject; (Art. 8.1.b RGPD) Consent of the holder of parental authority or guardianship of a minor under 14 years of age or a person who is physically or legally incapacitated; (Art. 6.1.b RGPD) Existence of a contractual relationship with the data subject by contract or pre-contract.

Ecommerce LactApp Shop: (Art. 6.1.a RGPD) Consent of the data subject; (Art. 6.1.b RGPD) Existence of a contractual relationship with the data subject by means of contract or pre-contract.

Management of registration as subscribers and users: (Art. 6.1.b RGPD) Existence of a contractual relationship with the data subject by means of a contract or pre-contract.

Registration of users: (Art. 6.1.b RGPD) Existence of a contractual relationship with the data subject by means of a contract or pre-contract.

e.-Receivers of your data 

To whom do we transfer your data within the European Union?

Sometimes, in order to comply with our legal obligations and our contractual commitment to you, we are faced with the obligation and need to transfer some of your data to certain categories of recipients, which we specify below:

Health data of users or subscribers. Medical experts in the field such as pediatricians.

Ecommerce LactApp Shop: Tax Administration; Banks, savings banks and rural banks. Courier companies.

In addition to the categories of recipients to whom data is disclosed, we may also disclose data to the following organizations (they will only appear if data is disclosed to other organizations):

Do we make International Transfers of your data outside the European Union?

We do not make international transfers of your data.

f.-Provenance and data processed 

Where did we obtain your data from?

Chat Application

Subscribers to the App: The interested party or their legal representative.

Users registered in the App: The interested party or his/her legal representative.

Commercial communications

Subscribers to the App: You or your legal representative

Potential subscribers: You or your legal representative

Users registered in the App: The interested party or his/her legal representative.

Ecommerce customers: The interested party or his/her legal representative.

Users’ or subscribers’ health data

Subscribers to the App: The interested party or his/her legal representative.

Users registered in the App: The interested party or his/her legal representative.

Ecommerce LactApp Shop

Ecommerce customers: The interested party or his/her legal representative.

Registration management as subscribers and users

Subscribers to the App: The interested party or its legal representative.

Users registered in the App: The interested party or his/her legal representative.

User Registration

Subscribers to the App: The interested party or its legal representative.

Users registered in the App: The interested party or his/her legal representative.

What types of your data do we collect and process?

Chat Application

Subscribers to the App

Identification data (Images of the baby; E-mail address; Name, weight, date of birth and sex of the baby; Image; Name and Surname; Telephone)

Academic and professional (Baby’s stool status)

Personal characteristics (Physical or anthropometric characteristics; Date of birth; Mood; Existence of pain or discomfort; Images of breasts and body areas related to breastfeeding )

Economic, financial and insurance (Payment of subscriptions via Google Pay and iTunes)

Other categories (Password)

Users registered in the App

Identifying information (Images of the baby; Name, weight, date of birth and sex of the baby; Email address; First and last name; Phone)

Academic and professional (Baby’s stool status)

Personal characteristics (Physical or anthropometric characteristics; Date of birth; Mood; Existence of pain or discomfort; Images of breasts and body areas related to breastfeeding )

Other categories (Password)

Commercial communications

Subscribers to the App

Identifying data (Email address; Name and Surname; Phone number)

Potential

Identifying data (Name and Surname; Email address; Phone)

Users registered in the App

Identifying data (Email address; First and Last name; Phone)

Ecommerce Customers

Identifying data (Email address; First and Last name; Phone number)

Health data of users or subscribers

App subscribers

Identifying data (Images of the baby; Name, weight, date of birth and sex of the baby; E-mail address; Image; First and Last Name; Phone)

Personal characteristics (Physical or anthropometric characteristics; Mood; Existence of pain or discomfort; Images of breasts and body areas related to breastfeeding ; Date of birth)

Economic, financial and insurance (Payment of subscriptions via Google Pay and iTunes)

Other categories (Baby’s stool status; Password)

Registered users in the App

Personal characteristics (Images of breasts and body areas related to breastfeeding; Existence of pain or discomfort; Mood; Physical or anthropometric characteristics)

Identifying data (Name, weight, date of birth and sex of the baby; Images of the baby)

Other categories (Baby’s stool status)

Ecommerce LactApp Shop

Ecommerce Customers

Identifying data (Name and Surname; Postal address; NIF / NIE / Passport; Email address; Telephone)

Economic, financial and insurance data (Bank details; PayPal)

Transactions of goods and services (Financial transactions)

Credit information (Bank card data (debit or credit card))

Subscriber and user registration management

Subscribers to the App

Identification data (Name and Surname; Email address; Phone)

Users registered in the App

Identifying data (Name and Surname; Email address; Phone)

User Registration

Subscribers to the App

Identifying data (Images of the baby; E-mail address; Name, weight, date of birth and sex of the baby; Image; Name and Surname; Phone)

Personal characteristics (Physical or anthropometric characteristics; Date of birth; Mood; Existence of pain or discomfort; Images of breasts and body areas related to breastfeeding )

Economic, financial and insurance (Payment of subscriptions through Google Pay and iTunes)

Other categories (Password; Baby’s stool status)

Registered users in the App

Identification data (Email address; Name and Surname; Images of the baby; Name, weight, date of birth and sex of the baby; Phone number)

Personal characteristics (Physical or anthropometric characteristics; Date of birth; Mood; Existence of pain or discomfort; Images of breasts and body areas related to breastfeeding )

Other categories (Password; Infant’s stool status)

g.-Rights of the interested parties 

What are your rights?

The current data protection regulations protect you in a series of rights in relation to the use we make of your data. Each and every one of your rights are unipersonal and non-transferable, that is to say, they can only be exercised by the owner of the data, after verifying his or her identity.

Below, we indicate which rights you have:

Request ACCESS to your personal data

Request the RECTIFICATION of your data

To request the DELETION or elimination of your data (right to be «forgotten»).

LIMIT or OPPOSE the use we make of your data

Right to PORTABILITY of your data in case of telecommunications or internet services.

Right to WITHDRAW your consent at any time.

The right to file a data protection CLAIM with the Supervisory Authority: Spanish Data Protection Agency.

How can you exercise your rights in relation to your data?

To exercise your rights of access, rectification, deletion, limitation or opposition, portability and withdrawal of your consent, you can do so as follows:

Chat Application

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

Commercial communications

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

User or subscriber health data

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

Ecommerce LactApp Shop

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

Subscriber and user registration management

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

User Registration

Responsible: LACTAPP WOMEN HEALTH, S.L

Address: Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain

Telephone: 693 058 425

E-mail: [email protected]

Website: http://www.lactapp.es

How can you file a complaint?

In addition to the rights you have, if you believe that your data is not being collected or processed in accordance with current Data Protection regulations, you may file a complaint with the Supervisory Authority, whose contact details we indicate below:

Spanish Data Protection Agency

C/. Jorge Juan, 6. 28001, Madrid (Madrid), Spain

Email: [email protected] Telephone: 912663517

Web: https://www.aepd.es

h.-Consent and acceptance 

The acceptance of this document indicates that you understand, accept all the clauses of our privacy policy and therefore authorize the collection and processing of your personal data under these terms. This acceptance is made by activating the «Read and Accept» checkbox of our Privacy Policy.

4.-AVAILABILITY OF THE SERVICE 

To place an order, subscribe or register to our App you must be over 18 years old.

We currently ship orders to destinations within Spain mainland and Balearic Islands.

WARNING: Before you continue reading, if you are a minor, please advise your parent or guardian to read this text together. It is very important to understand these conditions before starting to use the platform.

 5.-USE OF THE PLATFORM

4.1 General rules: Access to and use of LactApp is at the User’s own risk, who agrees to make appropriate and responsible use of the services and content of LactApp at all times. LactApp is available for the personal use of users so that, unless expressly authorized by LACTAPP WOMEN HEALTH, SL is excluded any commercial use of them. In particular, the User undertakes not to engage in activities that are illicit, illegal or contrary to good faith or public order. Furthermore, the User shall not engage in any conduct that may damage the image and rights of LactApp or third parties, as well as impede the normal use of LactApp.

4.2 Compatible Devices: In order to use our App you must use a smartphone that meets the system and compatibility requirements that LACTAPP WOMEN HEALTH, S.L. establishes from time to time (a «Compatible Device»). LACTAPP WOMEN HEALTH, S.L. may change the requirements applicable to Compatible Devices at any time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Therefore, devices that may be Compatible Devices at one time may no longer be Compatible Devices in the future.

4.3. Registration: To access LactApp, its sections or some of its services and content, prior registration is required.

In the event that the User wishes to register, it undertakes that the data provided are truthful, true, current and accurate. If LACTAPP WOMEN HEALTH, S.L., at its sole discretion, considers that the information provided is not correct, current or accurate, it reserves the right to prevent the User from accessing the platform or any of its services, and to cancel or suspend the User’s account.

Users are solely responsible for maintaining the confidentiality and privacy of their User name(s), password(s) and account, as well as the activities related to those accounts. In particular, the User agrees to put in place sufficient protective measures to prevent non-consensual access by third parties to their accounts. Among other things, the User undertakes to properly log out of his or her account once his or her session has ended. Also, the user will immediately inform LACTAPP WOMEN HEALTH, SL on any fraudulent use of your name, password and account. LACTAPP WOMEN HEALTH, S.L. may cancel or suspend an account in order to protect the User, LACTAPP WOMEN HEALTH, S.L. or its partners against identity theft or other fraudulent activity.

6.-HOW TO MAKE A PURCHASE OR SUBSCRIPTION 

TO MAKE A PURCHASE:

To place an order, you must follow the online purchase procedure and click on one of the following options:

«Add to cart» This option is the one that we must select when we wish to make more than one purchase and that the articles accumulate in the shopping cart.

«Buy now» Clicking on this option will directly open the payment process.

In the payment process you must enter the shipping and billing information and select a payment method. Following the simple steps of confirmation you will be able to make the purchase. 

TO SUBSCRIBE:

To subscribe to a paid service within the apps or pay for a specific service, you must click on the payment button that corresponds on each occasion and then confirm the purchase with the payment method that has been selected or that by default the customer has in his terminal. In any case, the price to be paid for the subscription will always be clear both at the time of purchase and at the time of final confirmation of the same.

7.-TECHNICAL MEANS TO CORRECT ERRORS 

In the event that you detect that there has been an error when entering your personal data during your registration as a user, you can modify them in the «Edit profile» section.

In any case, you can correct errors related to the personal data provided during the purchase or registration process by contacting the customer service through the telephone +693 058 425, or the email address [email protected], as well as exercise the right of rectification provided in our Privacy Policy through [email protected].

This Website as well as our App displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. We also provide the details of all the items you have added to your shopping cart during the purchase process, so that, before making the payment, you will be able to modify the details of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or email address above, to correct the error.

8.-PRODUCT AVAILABILITY  

All purchases are subject to product availability. If there are difficulties in the supply of products or in the unlikely event that a product is not available (after your order has been placed) because the item is not in stock, we will inform you of the delay in delivery and if you do not wish to continue with the purchase you may cancel it and we will refund any amount you may have paid. 

9.- DELIVERY

We review daily the assortment of items offered in our online store, so you can only purchase products that are available at that time. The delivery procedure will be as follows unless there are circumstances arising from the customization of products: 

From Monday to Friday, orders are processed in 24h and delivered in 48, 72 hours from processing, provided they are working. Orders placed from Friday from 12:00 noon to Sunday, are processed on Monday, or the first working day that is not a holiday.

No deliveries can be made on Saturdays, Sundays or holidays and delivery times refer to the first attempt by the transport agency.

If for any reason attributable to LACTAPP WOMEN HEALTH, SL after 5 days after the delivery date, we will inform you of this circumstance and will give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. 

For the purposes of these Conditions, «delivery» or the order shall be deemed to have occurred or to have been «delivered» at the time when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

To check the shipping costs, when you enter the delivery address and the amount of the purchase, the shipping costs will be applied automatically. 

For purchases by subscription to services offered in the Apps, you will be notified by email and delivery will be immediate, unlocking the content or allowing access and use of it to the customer once it has been confirmed that it has successfully completed the purchase process. In case of any technical issue that does not make such delivery effective immediately, the customer can always contact LactApp through [email protected] from where they will try to resolve the technical issue.

10.-IMPOSSIBILITY OF DELIVERY 

If it is impossible for us to deliver your order, after the 2 delivery attempts referred to above and without you having contacted the transport company for this purpose, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to get it sent back to you or how to pick it up. 

11.-PRICE AND PAYMENT 

The prices of this Website and App include VAT, but in the products exclude shipping costs, which will be added to the total amount due and the amount will depend on the destination and the amount of the purchase. Everything will be itemized at the time of order acceptance.

Prices may change at any time, but (except as set out above) any changes will not affect orders or subscriptions in respect of which we have already sent you an Order Confirmation.

Once you have selected your subscription or the items you wish to purchase, they will have been added to your cart and the next step is to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. Also, you have a detail of all orders placed in the section of your profile on our website.

You can use Visa, Mastercard, ApplePay, GooglePay and Bizum as payment methods.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged the moment your order leaves our warehouse. If your payment method is Paypal, your card will be charged at the time we confirm your order.

By clicking on «Review Order» you are confirming that the credit card is yours.

Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

12.-CANCELLATION OF SUBSCRIPTION

You may cancel Your LactApp subscription at any time, and You will continue to have access to the LactApp service until the end of Your billing period. Payments are non-refundable and we do not provide refunds or credits for partial monthly subscription periods. To cancel your subscription, go to the «Profile» section and follow the cancellation instructions. If you cancel your subscription, your account will be automatically closed at the end of your current billing period. To see when your account will be closed, click on «Billing Data» in the «Profile» tab. If you subscribed to LactApp using your account with a third party Payment Method and you wish to cancel your subscription to LACTAPP WOMEN HEALTH, S.L, you may need to do so through that third party. For example, if you are an iOS user you will need to log into your device under settings, Apple ID and subscriptions to disable automatic renewal of the LACTAPP WOMEN HEALTH, S.L. service. You can also obtain billing information for your LACTAPP WOMEN HEALTH, S.L. subscription by visiting your account with the relevant third party.

BILLING 

You expressly authorize us to issue the invoice in electronic form and waive its physical delivery on paper.

14.-RETURNS POLICY Return Policy

 14 .- In LACTAPP WOMEN HEALTH, SL check that each of our items is in perfect condition before being shipped. If upon receiving the package, you notice that the packaging is not in good condition, we recommend that you do not accept it and contact us to inform us of the incident. At the moment you accept the package and sign the delivery note, you are accepting that the package has been delivered to you in perfect condition, so the transport company is no longer responsible for any damage suffered.

14.1. -Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason.

The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.

To exercise the right of withdrawal, you must notify the Responsible, LACTAPP WOMEN HEALTH, S.L. by writing to the email [email protected] or through your profile on our website, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or email) and send it to the address Valencia, 263, 3-1. 08007, Barcelona (Barcelona), Spain. To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline.

14.2.- Consequences of withdrawal

In case of withdrawal on your part, we will refund all payments received from you, including delivery charges without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You shall not be entitled to withdraw from the contract the subject matter of which is the supply of any of the following products:

Personalized items.

Goods sealed for hygienic reasons that have been unsealed after delivery.

Your right to withdraw from the contract shall apply only to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the product/s while they are in your possession. Please return the item(s) using or including all original packaging, instructions and other accompanying documents. In any case, you must deliver with the product to be returned the ticket that you will have received at the time of delivery of the product duly completed.

You will find a summary on the exercise of this right of withdrawal when you receive the order. 

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. Reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal deadline and all the items making up the order in question are returned. The reimbursement will be made as soon as possible and, in any case, within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof that the goods have been returned. The refund will always be made in the same payment method you used to pay for the purchase. You will bear the cost and risk of returning the goods to us, as stated above. If you have any questions, you can contact us at the following email address [email protected]

14.3.- Returns of defective products

In the cases in which you consider that at the moment of the delivery the product does not adjust to the stipulated in the contract, you will have to contact us immediately by means of [email protected] facilitating the data of the product as well as of the damage that suffers, or calling by telephone to the number 693 058 425 where we will indicate you the form of proceeding.

You can return the product by delivering it to a courier that we will send to your home.

We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including delivery charges incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase.

In any case, the rights recognized by the legislation in force remain unaffected.

15.-WARRANTIES 

If you contract as a consumer and user, we offer guarantees on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within 2 months from delivery of the product.

The products are guaranteed by the manufacturer for two years from the date of delivery. The consumer must report the lack of conformity within two months of becoming aware of it.

It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they present the quality and performance usual for a product of the same type that are reasonably expected.

In the event that the product shows any defect in the terms indicated above, please contact immediately the customer service of LACTAPP WOMEN HEALTH, S.L., to indicate the procedure for returning the product. At the time that the defects of the product are verified, we will proceed to refund all amounts paid. The return of the products in no case will involve a direct cost to the customer.

When a product is not in conformity, the customer may choose between replacement or repair of the same, without being charged to the customer the costs that these facts entail.

To register the claim and start with the processing of the incident, the customer must write an email to [email protected] indicating the facts and will be provided with the necessary instructions to meet your request.

16.-RESPONSIBILITY AND EXONERATION OF RESPONSIBILITY  

Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased on our Website or App shall be strictly limited to the purchase price of such product.

LACTAPP WOMEN HEALTH, S.L. disclaims all liability relating to the improper or incorrect use of any of the products distributed through http://www.lactapp.es. 

In the event of any breach of the Terms of Use, the Privacy Policy, as well as any other applicable terms and conditions and/or current regulations, the User agrees to indemnify, defend and hold harmless LACTAPP WOMEN HEALTH, S.L. and its affiliates, officers, directors, owners, agents, information providers, licensors and licensees (in general, ‘indemnified parties’) against all types of liabilities and costs (including reasonable attorneys’ fees) incurred by them.

In no event shall LACTAPP WOMEN HEALTH, S.L.’s total liability to a User for damages arising out of the use of the Service, Content, information, materials or products included in the App or made available to the User through the App exceed the amount paid by such User over the last twelve (12) months for the subscription that is the subject of the User’s claim for damages. The limitations of this clause shall apply even if the actions available are not for their essential purpose.

LactApp services, information and advice are NEVER MEDICAL. LactaApp always refers to the patient’s medical professional and recommends that in case of any doubt, the patient should consult the medical professionals themselves.

LACTAPP WOMEN HEALTH, S.L shall not be liable for any indirect, consequential, punitive, incidental, exemplary or similar damages arising out of, relating to, or resulting from the use or inability to use the Service, or its functions, regardless of whether LACTAPP WOMEN HEALTH, S.L advised of the possibility of such damage, or whether such damage was otherwise foreseeable, and regardless of the theory or legal basis of any such claim.

Certain jurisdictions, including jurisdictions in the European Union, do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain types of damages. In the event that such legal provisions apply in a user’s jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

LACTAPP WOMEN HEALTH, S.L. shall be exempt from any interruption, omission or delay in the provision of the Services and/or the availability of the Content if such interruption, omission or delay is caused by a Force Majeure Event.  For purposes of these Terms of Use, «Force Majeure Event» means any circumstance or event beyond the reasonable control of LACTAPP WOMEN HEALTH, S. L or its affiliates, including: any act of God; any accident, explosion, fire, freeze, earthquake, lightning, tornado, hurricane or other severe weather condition or calamity; any civil disturbance; any labor dispute; any sabotage, hacking, computer threat or act of terrorism; any act of a public enemy, uprising, insurrection, civil strife, war or rebellion; any outbreak of epidemic or disease; or any action or restraint by court order or by a public or governmental entity or lawfully established civil authorities. 

17.-GRANT OF RIGHTS AND OBLIGATIONS  

The contract is binding on both you and us, as well as our respective successors, assigns and assignees.

You may not convey, assign, encumber or otherwise transfer a contract or any of the rights or obligations under it without our prior written consent.

We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers shall not affect the rights, if any, that you, as a consumer, have recognized by law or cancel, reduce or otherwise limit the warranties, both express and implied, that we may have given you.

18.-INTELLECTUAL PROPERTY OF CONTENT AND INFORMATION 

The contents of LactApp are protected by intellectual and industrial property laws, international treaties in force in each territory and other rules that may be applicable. All information contained in LactApp is the intellectual property of LACTAPP WOMEN HEALTH, S.L. or its subsidiaries or associated companies and/or its licensors or assignees. All trademarks, service marks and trade names are the property of LACTAPP WOMEN HEALTH, S.L., its affiliates and/or its licensors or assignees. All logos, characters, animations, scripts, information, names and elements related to the aforementioned content are the sole and exclusive property of LACTAPP WOMEN HEALTH, S.L. or its subsidiaries or associated companies and/or its assignors or assignees.

Subject to the User’s compliance with these Terms of Use, LACTAPP WOMEN HEALTH, S.L. grants the User a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the LactApp platform for personal, non-commercial purposes.

The use of the information and/or content included in LactApp for commercial or public purposes is strictly prohibited. Likewise, the reproduction, public communication, distribution, distribution, making available, transformation, fixation, sale, auction, rental, loan, gift, marketing, exchange or use of any text, graphic, photograph, visual or sound content is expressly prohibited, photogram or any other content of LactApp for any purpose, in any form, media or technology, now known or developed or that may be created in the future, including the use of any of the aforementioned content on any other platform and/or web page and/or computer network, without the prior written consent of LACTAPP WOMEN HEALTH, S. L. Subject to the foregoing, any act necessary for the normal operation and use of the platform by the Users thereof.

The reproduction, duplication, copying, copying, sale, resale or exploitation of any kind of LactApp or its contents for commercial purposes is not permitted in any case without the express prior written consent of LACTAPP WOMEN HEALTH, S.L.

LACTAPP WOMEN HEALTH, S.L. and its licensors, suppliers, publishers, rights holders or other content providers reserve any rights not expressly granted in these Terms of Use.

19.-WAIVER  

No waiver by LACTAPP WOMEN HEALTH, S.L. of any specific right or action shall constitute a waiver of any other right or action arising from these Conditions.

No waiver by LACTAPP WOMEN HEALTH, S.L. of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing.

20.-PARTIAL INVALIDITY  

If any of these Conditions or any provision of a contract were declared null, illegal or unenforceable and without effect by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of invalidity.

21.-COMPLETE AGREEMENT 

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and LACTAPP WOMEN HEALTH, S.L. in relation to the subject matter hereof and supersede any other prior pact, agreement or promise agreed between you and LACTAPP WOMEN HEALTH, S.L. verbally or in writing.

You acknowledge that you have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two of you prior thereto, except as expressly mentioned in these Conditions.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

22.-RIGHT TO MODIFY THESE TERMS AND CONDITIONS  

We have the right to revise and modify these Terms at any time.

You will be subject to the policies and conditions in force at the time you use our services, unless by law or decision of government agencies we must make changes retroactively in such policies, conditions or privacy policy, in which case, any changes will also affect the orders you had previously made.

In the event that it is necessary to modify these conditions, LACTAPP WOMEN HEALTH, SL may send the new Terms of Use and / or Privacy Policy by email to the last email address that the user had provided, pledging in any case to publish a notice of visible form on the change, modification, addition or deletion in question on the web pages to which these Terms of Use refer.

Any modification will come into force immediately and automatically from the publication of the changes on the website http://www.lactapp.es and in our App.

23.-APPLICABLE LAW AND JURISDICTION   

The use of our website http://www.lactapp.es and the contracts for the purchase of products through said Website shall be governed by the Spanish legislation of the City of Barcelona.

Any dispute arising out of or in connection with the use of the Website or such contracts shall be submitted to the non-exclusive jurisdiction of the courts of Barcelona.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

24.-COMMENTS, SUGGESTIONS AND COMPLAINTS  

Your comments and suggestions will be welcome. If you consider that any of your rights have been violated, please send us an email to [email protected] as well as any inquiry, complaint or claim, providing accurate information about any alleged infringement of your rights, including without limitation, contact details, identification of the allegedly infringing content, affidavit about the truthfulness of the reported issues, as well as accompanying documentation proving the ownership of the allegedly infringed rights.

In addition, we have official complaint forms available to consumers and users. You can request them by calling to the telephone number or by email to [email protected].

Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you and will allow you to follow up on them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address [email protected] in order to request an out-of-court settlement of disputes.

In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No 524/2013, we inform you that you have the right to request with us an out-of-court settlement of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.