PURPOSE OF THE CONTRACT

This contract regulates the commercial relationship between the CUSTOMER and MJN NEUROSERVEIS, S.L. (hereinafter MJN) with regard to the purchase of products and services that the CUSTOMER buys or contracts with MJN.

The purpose of these General Terms and Conditions is to define the rights and obligations of both parties in the context of the online sale of products offered by the seller to the consumer.

 

INTRODUCTION

First of all, we would like to thank you for your interest in our SERAS epilepsy device. This device is the first of the products that MJN Neuroserveis intends to launch on the market.

 

PRODUCT INFORMATION

In cases where, due to computer or human error, there is an error in the images displayed, the descriptions or the prices of the products, and MJN detects such error(s) at the time of receipt of the order, during the course of shipment, or upon receipt of the order by the customer, MJN reserves the right to cancel the order in whole or in part, and/or to offer the customer a modification of their order by correcting and replacing the erroneous data with the correct and updated data.

Every effort has been made to ensure the accuracy of the information on the MJN website. However, MJN is not responsible for any consequences, incidents or damages resulting from electronic transmission or the accuracy of the information transmitted, even if MJN is aware of the possibility of such damages. Product names and brands are used for identification purposes only. All photos and descriptions are not contractual.

 

VALIDITY PERIOD OF OFFERS AND PRICES

Special offers, promotions or discounts will be valid until the date indicated or until the indicated number of stocks is exhausted. The same applies to the prices indicated at the time of consulting the website.

 

QUESTIONS AND ENQUIRIES

If you have any questions about the general terms and conditions, please contact us at info@mjn.cat.

 

WARRANTY

SERAS offers a two-year warranty, in accordance with consumer regulations. This warranty applies to any manufacturing defects that may become apparent during this period and does not cover defects that are not attributable to a manufacturing fault, caused by accidents, misuse or improper use of the product, or even due to negligence in its use or caused directly, voluntarily or involuntarily, by the customer or by third parties. If you wish to exercise the product warranty, you must send us the product together with a detailed description of the possible manufacturing defect detected.

We will contact you as soon as possible to inform you of the actions that will be taken on the product and to establish an estimated time frame for its evaluation.

If a manufacturing fault is detected, we may choose to repair it or send a new product at no cost to the customer.

If no manufacturing fault is found, a report will be issued indicating the possible reasons for the fault (if they could be detected) and indicating the costs of repairing the product, leaving it up to the customer to decide whether or not to proceed. If you do not wish to pay for the repair, the product will still be returned to you at no cost to you.

The warranty for product repairs will be the legally established warranty, in these cases, six months.

If the customer receives an incorrect order, they must notify MJN within a maximum of 48 hours from the date of delivery. Provided that the product is in optimal condition, in its original packaging and has not been used, after communicating with the customer and carrying out internal checks, a courier will be sent to collect the incorrect goods and replace them with the correct ones.

In the event that the CUSTOMER has received the product with breakages or defects, MJN will always request proof from the buyer in order to determine the damage/defects and act accordingly. Photographs of the product or other evidence may be requested to allow us to verify the facts. Once the verification process has been completed, where appropriate, a courier will be sent to collect the broken or defective product and, as agreed with the CUSTOMER, it may or may not be replaced with another product. The shipping costs for returning the damaged goods will be borne by MJN.

If you have any questions or queries regarding the returns policy, please contact us.

 

REPURCHASE GUARANTEE

For SERAS devices that have this option at the time of purchase, a maximum period of 6 months will apply to exercise this option. During this period, it must be demonstrated that the SERAS device is ineffective and does not offer any service or benefit to the CUSTOMER. To do so, MJN must be consulted and a minimum of 3 tests must have been carried out, consisting of generating a personalised model, testing it on the patient and verifying its malfunction.

The following conditions shall apply:

I It shall apply to types of epilepsy or other diseases not tested by MJN.

II A period of 6 months shall apply for execution, which may be extended by MJN if the working conditions or the difficulty of the case so require.

III The CUSTOMER who purchases the product under this condition accepts the condition of prototypes or test units and that their functioning may be limited or non-existent.

IV The repurchase price of the product will be 80% of the final price paid by the CUSTOMER. The cost of earpiece customisation or the work involved in customising the device for the CUSTOMER will not be refunded.

V The CUSTOMER accepts the financial conditions of point IV and that the amount returned will be paid once the equipment has been returned in its entirety and in acceptable condition, due to use during the period of time.

 

VI In order to return the equipment, MJN must accept this condition by generating an authorised return number.

VII The equipment must be returned indicating the CUSTOMER number, the purchase invoice number and the return number generated by MJN.

VIII The shipping costs incurred in returning the product to MJN are, in all cases, borne by the CUSTOMER.

IX In cases where, upon receipt of the returned product, it is found that the acceptance criteria are not met, MJN shall inform the CUSTOMER and request their confirmation to return the product with the shipping costs paid by the CUSTOMER or to proceed with its disposal, without the right to receive the repurchase price.

 

MAINTENANCE CONTRACT

During the first year after the purchase of the product, MJN assumes the maintenance costs of the customised algorithm, i.e. the initial programming of the device with the customised algorithm for the CUSTOMER.

During this first year, which is free of charge for the CUSTOMER, maintenance consists of a maximum of 3 algorithm customisations, access to crisis reports and software updates.

After this first year, or if further updates are required, the CUSTOMER may choose one of the following three annual plans:

Bronze Plan: Algorithm customisation twice a year, access to medical reports and software updates.

Silver and Gold Plan: Customisation of the algorithm the number of times indicated in the service published on the website, access to medical reports and software updates.

Maintenance contracts expire annually and are valued in the services section of the website.

 

DISCLAIMER

You acknowledge and agree that MJN is not liable for any damage or injury caused by interruption of operation, lack of warning, alarm error, delay, suspension or loss of data due to connection or product failure, or other damage suffered by you in connection with the use of the services provided by MJN. Notwithstanding the foregoing, MJN will exercise the utmost diligence to resolve incidents promptly.

The prevention of accidents and injuries at the time of the product’s warning or alert is the sole responsibility of the CUSTOMER, who must take the necessary measures. MJN is not responsible for these measures or for any injuries or accidents caused by possible crises suffered by the CUSTOMER.

The SERAS device does not guarantee alerts for all crises and all possible situations experienced by the CUSTOMER. The results obtained in clinical trials have shown 90% sensitivity to crises. To achieve these results, it is essential to customise the mathematical algorithm required for operation. To do this, an initial period of time is determined during which the product does not guarantee seizure alerts (programming/testing period); it only collects data to customise the algorithm. During this data collection, it is essential to clearly record and identify the seizures suffered by the CLIENT, with a minimum of 5 in order to have a first version applicable to reality.

During the programming/testing period, the device will not give reliable or safe alerts to the CLIENT; the device will use a general model that may not work correctly with the CLIENT. During this period, the CLIENT may suffer crises that the device does not alert. The CLIENT must take the same precautions as before using the device.

This adaptation and customisation process will be carried out by MJN during the first year after the purchase of the product. Subsequently, an annual maintenance service will be contracted, which will consist of these adaptations, medical reports and updates.

MJN is released from any liability for losses or damages resulting from factors or causes not attributable to MJN.

MJN is not responsible for any loss or damage caused by the Customer’s violation of these Terms and Conditions.

MJN is not responsible for any loss of profits or other consequential damages, regardless of the cause.

To use the product, you will need a compatible phone or device, an internet connection, and one of the payment methods accepted by MJN. The price and any other expenses and fees associated with the services and devices described in this clause are not covered by MJN.

MJN may suspend or terminate the provision of its services, in whole or in part, or take the necessary measures without prior notice to the Customer in order to maintain the quality of service in the following cases:

I Carrying out routine system maintenance tasks;

II In the event of overload;

III When MJN detects a possible risk of service interruption;

IV To ensure the safety of Customers, or when it deems it necessary for the good of the service.

 

PURCHASE PROCESS

Once you have registered and selected the purchase option, you will be able to see the total amount of your order and other additional options (shipping costs, tax details, shipping location, whether you want an invoice, etc.). Once you have decided on everything, simply click on the purchase button and follow the steps indicated on the screen to process your order. You will now enter the purchase process.

MJN will confirm the order to the CUSTOMER at the email address provided to MJN at the end of the purchase process, with the corresponding details.

During the purchase process, you must enter your details if you are not registered as a user of our website and select the payment method. By default, MJN uses the shipping options marked on the website. Finally, you must check the summary of your purchase and accept the terms and conditions and privacy policy. Until you expressly indicate that you have the legal capacity to purchase the product and that you accept our policies and legal conditions of purchase, you will not be able to proceed with the purchase process.

MJN reserves the right to modify the manufacture of its products and change their technical data and performance parameters if such modifications and changes correspond to technical progress and product improvement.

 

PRICE

The products published on the website include prices with the corresponding taxes, where applicable.

MJN may modify the prices established at any time and without prior individual notification.

MJN may decide at any given time to carry out promotional campaigns for our product, in which case the price of the product may vary. The price of SERAS in any promotional campaign will be that indicated in the campaign, will be valid for the period stipulated therein and will be effective if the conditions specified in the campaign are met.

We would like to specify that MJN does not sell any products at €0, with a 100% discount or below cost. However, in the event of pricing errors due to computer or human error, MJN reserves the right to cancel, after notifying the customer, any orders that may contain products with incorrect prices, at €0 or 100% discount, or whose price is mistakenly below cost. If you find any such error, please let us know so that we can resolve it immediately.

 

PAYMENT METHODS

The following payment methods are available:

Virtual POS.

The virtual POS is a secure payment solution that allows buyers and businesses to send and receive money online. Payment is made by credit or debit card, through the portal of the bank that provides the POS service and in a secure environment.

MJN is not responsible, under any circumstances, for the unauthorised use of credit cards or any other payment method accepted through the website, whether or not they have been reported by the cardholder, as long as it is not aware of the fraudulent nature of these activities.

MJN does not have access to the bank details linked to the CUSTOMERS’ means of payment and does not know or record these details during the payment transaction.

 

SHIPPING COSTS

Products are delivered to the address indicated by the buyer on the purchase form, and only to the geographical destinations specified in the delivery methods.

MJN receives orders and sends them to the address indicated by customers. The costs involved in the first shipment will be borne by MJN.

All products are shipped in perfect condition. The CUSTOMER must notify the logistics company of any signs of impact (dents, scratches, crushing marks, etc.) on the package and, where appropriate, must refuse the package.

As with any shipment, delays or lost products may occur. In such cases, the logistics company will be contacted to initiate an investigation. Every effort will be made, for as long as necessary, to locate the package. We decline any responsibility for delivery times caused by the logistics company, especially in the event of product loss, weather conditions or strikes.

The CUSTOMER must notify MJN on the day of delivery or, at the latest, on the first working day after delivery, of any complaints due to a delivery error and/or non-conformity of the goods in terms of type or quality.

 

DELIVERY TIMES

MJN will inform the CUSTOMER of the approximate delivery times for the order during the purchase confirmation process.

Delivery times may depend on the stock of materials available at the time of the order and the time required to produce the customised mould at the established centre.

Under normal conditions, we will always have stock available, but in exceptional cases, we may not have sufficient quantities to meet all demand. If the materials are not in stock or the delivery time is longer than expected or established in the purchase process, an email will be sent indicating this circumstance, giving the option to wait for the estimated time or to receive a refund.

MJN undertakes to comply with the delivery times agreed with the CUSTOMER. However, these may be modified by MJN for production reasons, in which case the CUSTOMER must be notified as a matter of urgency. The CUSTOMER is aware of and accepts this situation, which shall not give rise to any right to claim any penalty or to terminate the contract.

Important: Orders received on Saturdays, Sundays and public holidays will be processed on the next working day.

It is the CUSTOMER’s responsibility to check the order at the time of delivery and to make any complaints they deem justified at that time, if possible and in any case within the time limits provided for by law.

 

WITHDRAWAL

The CUSTOMER may freely withdraw from the sales contract (the order), without giving any reason, within fourteen (14) calendar days of the date of receipt of the product. The date on the receipt certifying delivery of the product will serve as the starting point for calculating the aforementioned fourteen (14) day period.

To exercise their right of withdrawal, the CUSTOMER must notify us by email at info@mjn.cat, indicating the email address used for the purchase and the order number for identification and management purposes. MJN will reply to the CUSTOMER specifying the precise instructions for exercising the right of withdrawal. The CUSTOMER may also use the withdrawal form template that we make available via the following link.

The CUSTOMER shall bear the costs and other expenses associated with returning the product, which must be packaged and shipped securely so that the returned goods arrive in perfect condition. The CUSTOMER shall be liable for any damage or harm suffered by the product during this process.

The amount agreed for the return of the product will be 80% of the final price paid by the CUSTOMER. The cost of any personalisation of the headphones or the work involved in personalising the device for the CUSTOMER will not be refunded, as these items cannot be used for subsequent sale.

MJN will refund the agreed amount for the return of the product, including shipping costs where applicable, but not return costs, using the same payment method used by the CUSTOMER, whenever possible, for the purchase of the product within a maximum period of FOURTEEN (14) calendar days from the verification of the correct condition of the product sent by the CUSTOMER to MJN.

MJN will only accept the return of the product when its use has been limited to the mere verification of the good condition of the product by the USER, in accordance with current legislation. In the case of the product, all its labelling must be kept intact in the manner in which it was delivered and without any signs of use, otherwise MJN may refuse to refund its price.

MJN will not accept the return of any product that has been damaged by the CUSTOMER.

The product must be returned in its original packaging, unused and in perfect condition, i.e. not damaged, used or soiled by the CUSTOMER, and sent to the address indicated by MJN in the instructions sent to the CUSTOMER. Likewise, the packaging must be fully and completely identified so that the sender can be identified. If the goods are not sent in the conditions described in these terms and conditions, they will suffer a depreciation which, in any case, must be paid by the CUSTOMER.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

MJN is the owner or holder of the rights to the domain name, trademarks and signs, the application, reports and content, including the texts and images on the website, or, where applicable, has sufficient licence or authorisation for their use.

MJN reserves all copyrights, patents, trademarks and legal protection rights for the designs registered in its drawings, circuits, software, documents and equipment.

The content published on the website may not be used, reproduced, copied, transformed or transmitted without the prior written authorisation of its owner. If you have any questions regarding the ownership of any of the content, services and/or features offered through the site, please contact us for assistance.

In the event that the CLIENT is sued or claimed against by a third party for infringement of industrial and/or intellectual property rights, for whatever reason, in relation to the product supplied by MJN, the CLIENT shall immediately notify MJN of this fact so that MJN can exercise its right to defend itself, and the CLIENT shall refrain from agreeing to any settlement without MJN’s prior consent.

By accepting these General Terms and Conditions, the User transfers to MJN, free of charge and exclusively, all exploitation rights over the articles, comments and opinions (hereinafter, ‘the Content’) that the User publishes or authorises for publication on the Website. This transfer shall be understood to be made for the worldwide territory, without any limitation, and for the maximum period of duration provided for in Royal Legislative Decree 1/1996, of 12 April, which approves the Consolidated Text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject. MJN may exploit the rights of reproduction, transformation, distribution and public communication of the Content, in the broadest sense recognised by said Law.

The products we offer for sale are 100% original and authentic.

The images of the products displayed are completely faithful to the product and represent its original presentation. However, please bear in mind the following aspects:

If you have any doubts about a product because the image does not provide you with sufficient information or quality, please let us know and we will clarify this as soon as possible.
If you have any doubts about whether an image does not correspond to the product, and you believe it could be an error, please let us know.

 

PRIVACY AND COOKIES

All users agree to comply with the website’s privacy policy in accordance with the provisions of the following section: PRIVACY.

This website also uses its own and third-party cookies: COOKIES.

 

UPDATING THESE TERMS AND CONDITIONS

MJN will periodically review these general conditions. Any modification or addition made by MJN will take effect immediately after it is published on the website. Modifications to these general terms and conditions will not be retroactive.

You acknowledge and agree that you will be bound by the terms and conditions applicable to the website at any given time and undertake to execute and comply with them accordingly.

In the event that MJN entrusts a trusted third party with the custody of successive versions of the general terms and conditions, both parties acknowledge that the only valid version of said terms and conditions at any given time is that contained in the database of the trusted third party.

 

APPLICABLE LEGISLATION AND JURISDICTION

This Contract and General Conditions, both in terms of their application and interpretation, shall be governed by Spanish or regional law, as applicable, in accordance with current regulations. The language shall be Spanish.

MJN and the user agree to submit any dispute that may arise from the provision of the products or services covered by these General Conditions to the relevant Courts and Tribunals in accordance with the law.

In the event that the regulations relating to consumer and user rights are applicable, the provisions thereof shall apply in terms of jurisdiction and applicable legislation.

The parties undertake to resolve amicably any differences that may arise in relation to this Agreement. If an amicable solution is not possible and legal proceedings are necessary, both parties agree, expressly waiving any other jurisdiction that may apply, to submit to the jurisdiction and competence of the Courts of the city of Blanes.

 

DATA REGISTRATION

To place an order, the user must first register.

When you register as a CUSTOMER, you create your own account on the website, your data is stored securely and you only need to enter it once.

 

DATA PROTECTION AND CONFIDENTIALITY

The CUSTOMER authorises MJN to automatically process the personal data included in this contract and in subsequent documents resulting from it, for the purposes directly arising from the relationship established between both parties, including receiving information about the company’s services and products by any means of communication, all within the limits derived from the legislation in force at any given time.

MJN guarantees the CLIENT that it will maintain absolute confidentiality regarding any information, document or product owned by the CLIENT that is provided to it in the course of the commercial relationship.

In accordance with Law 15/1999 on the Protection of Personal Data, it is noted that if you wish to exercise the rights of access, rectification and cancellation granted by the aforementioned Law, you must write to MJN’s registered office at Av. Juan Carlos I, 184 bajos derecha, 17300 Blanes, Girona.

 

PARTIAL INVALIDITY

If any of the clauses of this Contract is invalid or voidable, such declaration shall not invalidate the rest of the Contract, which shall remain in force and effect. The invalid clause or clauses shall be replaced or integrated with others that, being in accordance with the law, respond to the spirit and purpose of those replaced.