1. General Procedures
Immucura Med, S.L. (the “Company”), with registered offices at Avenida Ricardo Soriano, number 72, 2 B, 29600 Marbella, provides immunotherapy such as Dendritic Cell Therapy (“DCT”) and ancillary services and products. The company was registered in Marbella on January 20th, 2016 under the ID/CIF number B93447464, CNAE 8690.
When requested, the patient will receive a quote for the relevant treatment, detailing the various services and products offered. When the patient accepts the quote, the ordering of laboratory capacity, services and compounds will be undertaken.
2. Terms and Conditions
This document, defining important commercial terms and conditions (the “T&Cs”), creates a binding contract between the patient and the Company. These T&Cs will apply to any dealings between the patient and the Company and shall not be varied unless agreed in writing and signed by the Company. The patient is deemed to have accepted these T&Cs when he/she returns the relevant quote signed and pays the deposit.
3. Payment
A non-refundable deposit of 30 % of the total price is payable following acceptance of the quotation for services. As soon as the deposit is received, and not beforehand, the Company will book laboratory capacities or arrange for the treatment product to be shipped.
Full payment is due two (2) working days after the blood draw or five (5) days before shipment of the product if no blood draw is involved.
Payment shall be deemed settled when the full invoiced amount is credited to the Company´s account in Euros.
Only Euros are accepted and should foreign currency be transferred; all commission charges will be covered by the patient.
4. Intellectual Property rights
All copyright, trademarks and rights to knowhow, confidential information, and other intellectual and/or industrial property rights in materials, documents, information, and processes devised and created by the Company are the exclusive property of the Company.
5. Data Protection
Personal data provided by the patient will be processed by the Company for the purpose of i) suppling information about our products and services and, if applicable, ii) providing the contracted service and the maintenance and management of the contractual relationship between the parties. The legal basis of the processing is the performance of a contract or in order to take steps at the request of the data subject prior to entering into a contract, so that the lack of provision of personal information could limit or prevent its proper development and execution.
Data will be kept as long as the contractual relationship is in force. In any case, once the contractual relationship ceases, personal data will be kept for the sole purpose of fulfilling the legal obligations of conservation and/or for the formulation, exercise or defense of claims, during the period of limitation of actions arising from the contract. Data that might still be retained beyond this period for purely statistical and/or scientific reasons will be treated strictly confidential at all times.
Personal data will be processed by the Company and, where appropriate, those third parties to whom it is legally or contractually obliged to communicate them (as is the case of third-party service providers or collaborators who have been entrusted with any service related to the management or execution of this contract, as well as any other subject to whom it is necessary to communicate personal data so that the requested service can be provided). In the event of international data transfers between patient, suppliers offices and staff members of the Company, these will be carried out with the due legal guarantees in accordance with the GDPR legislation.
Data subjects may exercise their rights of access, rectification, erasure, limitation of processing, data portability, opposition and, where appropriate, not to be subject to a decision based solely on automated processing, including profiling, in accordance with the GDPR, by sending a written communication to the aforementioned postal address or to the e-mail address info@immucura.com. If you consider that the processing does not comply with the current regulations or consider that you have not obtained satisfaction in the exercise of your rights, you may file a complaint with the Spanish Agency for the Protection of Personal Data (www.aepd.es).
In accepting the quotation from the Company, the patient agrees to provide the Company’s medical staff with all relevant medical reports and to provide future medical reports and tests to the Company’s medical staff (as requested by the Company) for further surveillance or to use in case studies and research papers. The Company will respect the privacy and confidentiality requested by the patient subject to that not impeding the research and reporting work.
6. Liability and Warranty
The patient acknowledges that the Company does not guarantee any kind of improvement in his/her health status as a result of the contracted treatments. The patient further acknowledges that the Company takes no responsibility for his/her general health conditions, which are not related to the contracted treatments.
Immunotherapy is an innovative therapy. The effectiveness of the therapy has been confirmed by many scientists, practitioners, clinics and hospitals around the world.
The Company, with its contracted suppliers, shall only be liable for the proper execution of the contracted therapies under the specific professional and legal standards, thus not being liable for any eventual unsatisfactory results.
No liability for third party providers (such as laboratories) shall be assumed by the Company.
In case the patient (i) suffers any health condition issue (such as accidents, general health issues, etc.) not related to the contracted treatments while travelling to a Company’s treatment facility or (ii) requires ongoing or emergency treatment not covered by the treatment agreed under the relevant quote, then the costs and responsibility for these treatments shall be solely the responsibility of the patient. For clarification purposes, the patient acknowledges that the Company shall be solely responsible for the delivery of the treatment in accordance with the agreed scope of work under the relevant quote.
7. Termination
The patient may terminate the services at any time. Without prejudice to the right of withdrawal clause, the fee for termination is dependent on timing, incurred and/or committed costs, lost opportunity, capacity booking, etc. In the event of termination by the patient for whatever reason, the Company shall be entitled to receive and/or retain the following portion of the agreed price:
- 30% if termination takes place before blood draw.
- 50% if termination takes place after the beginning of blood draw and before commencement of laboratory work.
- 80%if termination takes place after (i) commencement of laboratory work or (ii) in case of cord blood derived therapies, the cells left the laboratory.
In the event of termination of the provision of goods or services other than cell-based immunotherapy, 30% if termination takes place after order but before delivery or execution.
In the event of death of a patient, the termination of services is assumed. The Company deals with chronic illnesses and in the case where the patient passes away during the term of the treatment, any pending debts by the patient shall be transferred to and due by the patient’s successors.
8. Right of withdrawal
The patient has the right to withdraw from the contract within fourteen (14) calendar days without giving any reason. The withdrawal period shall expire fourteen (14) calendar days after the day of conclusion of the contract.
To exercise the right of withdrawal, the patient shall notify the Company (Immucura Med, S.L., Avenida Ricardo Soriano, Number 72, Edificio Golden, 2-B, 29600 Marbella, email address: info@immucura.com) his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. letter sent by post or e-mail). The patient may use the withdrawal form below, though its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of the withdrawal right is sent before the expiration of the withdrawal period.
In the event of withdrawal, the Company will reimburse to the patient all payments received without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which the Company is informed of the withdrawal decision. The Company will proceed to make such reimbursement using the same means of payment used by the patient for the initial transaction, unless the patient has expressly instructed otherwise; in any case, the patient will not incur any costs as a result of the reimbursement.
If the patient has agreed that the provision of services begins during the withdrawal period, he/she shall pay an amount proportional to the part of the services already provided at the time he/she gave notice of withdrawal, according to the termination clauses.
The withdrawal letter has to contain the following:
- To the attention of (please insert the name of the company, its full address, and its e-mail address):
- I hereby inform you that I withdraw from the contract for the provision of the following services: (please include services).
- Ordered on/received on (please include if appropriate).
- (please insert your name)
- (please insert your address)
- (please include your signature)
- (please include the date)
9. Event of Force Majeure
In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, natural catastrophes or acts of God, interruptions or delay of package delivery such as hold at customs, loss of package courier or canceled air traffic due to inclement weather and or strikes.
10. Governing law and jurisdiction
These T&Cs and all matters relating to its interpretation, validity, performance and termination shall be governed by and construed in accordance with the laws of Spain.
For any and all disputes between the parties relating in any manner whatsoever to these T&Cs, the parties agree to irrevocably submit to the courts of the city of [Málaga (Spain)] and waive any right to challenge jurisdiction or venue in such court.
