Terms of use

General information

This website, https://eneviahealth.com, is owned by: ENEVIA HEALTH LLC with EIN 883163854 AND Address: 30 N Gould Ste N, Sheridan, WY 82801, USA.

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website and the purchase or acquisition of products on it (hereinafter, conditions). Being applicable only to subscribers of this website.

For the purposes of these Conditions, it is understood that the activity that ENEVIA HEALTH LLC develops through the website includes: Sale and distribution of laboratory tests.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the privacy policy of ENEVIA HEALTH LLC. By using this website or by requesting the acquisition of a product through it, the User agrees to be bound by these Conditions and by everything previously mentioned, so if you do not agree with all of this, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting each time he/she accesses, browses and/or uses the Website, since those that are in force at the time the product acquisition is requested will be applicable.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above.

Service Availability

By placing an order on the Website, you guarantee that you are over 18 years of age. The products offered are distributed in the European Union and in America (Argentina, Uruguay and Peru).

You can purchase from the country of your choice, but we will only be able to ship your order to addresses located in countries where Enevia Health operates. 

In accordance with Art. 40 of Law 47/2002 reforming Law 7/1996 on Retail Trade Management of January 15, and Law 34/2002 of July 11 on services of the information society and commerce electronically, before placing the order, the Buyer has the right to inform himself on the Site of the essential characteristics of the products he wishes to order.

Product Information

The articles offered on the Website are, for the most part, laboratory tests:

Each product is accompanied by the following data:

• Article name
• Image/s of the article
• Description of the article
• Retail Price.

The photographs, graphics and descriptions of the Products for sale do not have a contractual nature, being only illustrative and do not engage the responsibility of the seller, who does everything possible to guarantee that the colors shown by the products in the photos displayed on the web are faithful to the original products, and there may be variations due, above all, to the technical limitations of the color possibilities of a computer equipment.

In the same way, ENEVIA HEALTH LLC makes the necessary efforts so that the information contained in the Website is complete, truthful and correct. If there is an error in any data, ENEVIA HEALTH LLC will proceed to rectify it.

The user

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), by which they accept, from the beginning of the navigation through the website, all the Conditions established here, as well as their modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The user declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User assumes responsibility for the correct use of the website. This responsibility will extend to:

• Make use of this website only to make legally valid inquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.
• Provide true and lawful contact information, for example, email address, postal address and / or other data.

Purchasing process

Users can purchase on the Website by the established means and forms. They will need to follow ENEVIA HEALTH LLC's online purchasing procedure, during which several products can be selected and added to the basket and, finally, click "Checkout".

The data that will be used for the purchase of the product will be those entered as a Subscriber of our services. Once the purchase is made, the User will receive an email confirming that ENEVIA HEALTH LLC has received their purchase request and the order confirmation. The communications, purchase orders and payments that intervene during the transactions carried out on the website could be filed and kept in the computerized records of ENEVIA HEALTH LLC in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in accordance with the RGPD and the rights that assist Users in accordance with the privacy policy of this website.

The User will have a period of 1 year from the purchase to carry out the test.

Right not to accept an order

ENEVIA HEALTH LLC may cancel any Confirmed order or not accept an order placed for the following reasons:

1. In the event of a technical error and/or a typographical error in the prices or in the rest of the data of the products contained on the Website when the order was placed.
2. Due to lack of availability.
3. When the security systems indicate that the order may be fraudulent.
4. When there are reasons that indicate that the client is a minor.
5. When ENEVIA HEALTH LLC has not been able to deliver the order to the address provided by the customer.
6. When there is a computer attack, virus or any event that is beyond the reasonable control (force majeure) of ENEVIA HEALTH LLC.

In such cases, ENEVIA HEALTH LLC will fully reimburse the amounts that have been paid in accordance with the provisions of these conditions.

Prices and payments

The prices displayed on the Website are the final ones, in euros (€) and include taxes, unless due to legal requirements, especially regarding VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products in mainland Spain, with the exception of Ceuta and Melilla. In the rest of the countries, the shipping costs will be part of the price as shown on the Website. Shipments of samples that are made from outside the European Union to Spain must pay the expenses derived from the import customs management.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The website uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the website. As such, the website uses a secure payment system SSL (Secure Socket Layer).

Delivery

The deliveries of the sample collection kits will be made within the scope of the countries indicated in the Home of the web.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the normal period is 2-5 business days and the maximum delivery time will be 15 calendar days (peninsula), from 15 to 20 days in European countries and between 20 and 30 days in countries outside Europe, counting from the date of order confirmation. If you need the item in a shorter period than this, contact us and we will inform you if it is possible to obtain it in a shorter period than stipulated.

returns

In the cases in which the User acquires products through the website, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from this purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the https://enviahealth.com Website in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of these goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify ENEVIA HEALTH of their decision. You may do so, where appropriate, through the contact spaces provided on the Website or through:

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, ENEVIA HEALTH LLC will reimburse the User for all payments received, excluding shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which ENEVIA HEALTH LLC has informed of the decision to withdraw by the User.

ENEVIA HEALTH LLC will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, ENEVIA HEALTH LLC may withhold reimbursement until receipt of the purchased products or items.

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which ENEVIA HEALTH LLC was informed of the withdrawal decision.

The User must bear the cost of returning (transportation, delivery) of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of Consumers and Users and other complementary laws as would be the case of personalized products.

In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned including all their original and unused packaging.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact ENEVIA HEALTH LLC immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, of the refund or, where appropriate, the replacement of the product. same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which they send you an email confirming that the refund or replacement of the non-conforming item proceeds.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

No changes or returns of used or damaged products can be accepted (as long as it is not a quality or manufacturing defect) or for hygiene reasons), unsealed products cannot be returned.

Any return or exchange of purchased products must be carefully packaged and include the delivery note.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be respected.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this website, in the legally established terms for each type of product. In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by  ENEVIA HEALTH LLC  and  possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore they will form part of the individual appearance of the product, and not They will be a defect.

Disclaimer

ENEVIA HEALTH LLC will not be responsible for delays, defective performance or non-compliance in the delivery of the shipping service, when they are due to the Supplier's non-compliance. In particular, in relation to the medical professional activity itself and the diagnoses and treatments to the Clients, ENEVIA HEALTH LLC will be totally independent and will have no responsibility, being said direct relationship between the Supplier of the shipments of the products and the Client. In this way, the Supplier will be, therefore, solely responsible for any obligation, right, result, action or omission derived from the provision of its services and, in particular, the service it offers, ENEVIA HEALTH LLC being exempt from any type of claim. about.

Unless otherwise provided by law, ENEVIA HEALTH LLC will not accept any responsibility with respect to the following cases:

– ENEVIA HEALTH LLC applies all measures related to providing a faithful display of the product on the website, but is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used. or others of this kind.

– ENEVIA HEALTH LLC will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.

– Technical errors that, due to fortuitous causes or of another nature, prevent the normal functioning of the service through the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the service from being available. ENEVIA HEALTH LLC puts all the means at its disposal in order to carry out the purchase, payment and shipping / delivery process of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure. .

– ENEVIA HEALTH LLC will not be responsible for the misuse and / or wear of the products that have been used by the User. Likewise, ENEVIA HEALTH LLC will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

Assignment and Waiver of Rights

The client may not transmit, assign or transfer a contract or any of the rights or obligations derived from it without having previously obtained the consent of ENEVIA HEALTH LLC in writing.

No waiver by ENEVIA HEALTH LLC of a right to specific action derived from this contract will imply a waiver of other rights or actions unless expressly communicated in writing.

In accordance with the legislation that regulates the property of intellectual and similar rights, this Site and all its elements, brands, designs, photographs, texts, illustrations, logos, animated sequences or not, sound or not, graphics, etc., as well as its collection are the exclusive property of the Seller, who does not grant any license or right other than that of consulting the Site.

The use, reproduction, duplication, copying, sale, resale, accessibility, modification or any other exploitation, whether in whole or in part, of the Site, its content or the marks for any purpose is prohibited. , except with the prior written authorization of the Seller

Any other use will constitute counterfeiting and punishable according to Intellectual Property, unless previously authorized in writing by the BRAND.

Data Protection

The information or personal data that the User provides to ENEVIA HEALTH LLC in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy. By accessing, browsing and/or using the Website, the User consents to the processing of this information and data and declares that all the information or data provided is true.

Right to modify these conditions

ENEVIA HEALTH LLC may modify these conditions at any time without, in any case, their retroactive application.

Applicable law and jurisdiction

These conditions will be governed by Spanish Law. Any controversy arising from the interpretation and/or execution of these, the parties submit, at their free choice, to the jurisdiction that the current regulations of private international law designate as competent.