TERMS OF SALE

INTEGRITY
The Terms of Use form an integral part of these Terms of Sale, and all their clauses shall be deemed incorporated into these Terms of Sale.

TERMINATION
The contractual relationship shall automatically terminate without the need for prior notice of termination and without entitlement to any compensation if the User breaches any provision of the terms and policies of the Web Platform.

TERRITORIAL SCOPE
This Web Platform only allows sales within mainland Spain. If you reside in the autonomous communities of the Balearic Islands, the Canary Islands, or in the autonomous cities of Ceuta and Melilla and are interested in any of our products, please contact us.

You may only purchase products through this Web Platform if you are of legal age and have full legal capacity. Otherwise, you must refrain from placing any order. By confirming an order, the User declares and guarantees that they are of legal age and have the legal capacity required to enter into a contract.

For clarification purposes, it is stated that these Terms of Sale, although reference is always made to the Web Platform, also apply equally to the physical stores owned by MEDICAL INNOVATION UNION S.L., unless expressly stated otherwise in the contractual documentation of purchases made in our physical stores. However, they shall not apply to purchases made in physical stores or websites of third parties that sell MEDICAL INNOVATION UNION S.L. products, which shall be governed by their own terms and conditions.

PRODUCTS AND PHOTOGRAPHS

The products offered on the Web Platform shall be those determined at any given time by MEDICAL INNOVATION UNION S.L. The products may only be intended for domestic use. In any case, and prior to purchasing any item marketed by MEDICAL INNOVATION UNION S.L., the User must ensure that the product is suitable for the intended use. MEDICAL INNOVATION UNION S.L. does not provide advice in this regard.

If requested by the User, MEDICAL INNOVATION UNION S.L. may provide guidance by telephone, videoconference or other telematic means regarding the different products marketed on the Web Platform. Such guidance shall not be considered advice on health or wellbeing matters.

In any case, Users will find descriptive product sheets for the available products on the Web Platform. MEDICAL INNOVATION UNION S.L. shall in no event be liable for any claims arising from uses different from those for which the product has been designed.

The User acknowledges having been informed by MEDICAL INNOVATION UNION S.L., through these conditions, at the time of confirming the order, of the various general warnings specifically related to the purchase of rest products in general.

In particular, but not limited to, the most relevant warnings and our main recommendations for the use of mattresses and sofas are detailed below:

A mattress, textile piece or pillow is a finished product containing foam materials such as viscoelastic foam or gel, with seams and flexible fabrics; therefore, the indicated measurements are always approximate. The following are considered acceptable:
(i) any excess or defect in height of ±3 cm or 10% of its height, and
(ii) any excess or defect in width or length of ±3 cm, considering that all our products are individually handmade.

All mattresses must settle and adapt to the user’s body. It is necessary, normal and beneficial for rest that the quilting may show body impressions. This is a normal phenomenon indicating that the mattress has passed its adaptation period, although this may vary depending on each person. Such markings or depressions do not alter the comfort or firmness qualities and therefore do not affect the conformity of the mattress nor imply that the mattress is defective.

For MEDICAL INNOVATION mattresses with only one usable side, the mattress must be rotated 180° every 6 months. This simple action helps ensure proper conditioning of the filling materials, preserving comfort and maximizing the mattress’s lifespan.

To prevent wear and, in particular, breakage of foams and/or significant damage, avoid excessive bending, regularly sitting on the perimeter of the mattress, jumping on it or standing on it. Additionally, vacuuming the mattress once a year helps prevent allergies and keeps the mattress in good condition.

Any aesthetic issue (threads, pilling, etc.) appearing on the mattress, textile piece or pillow does not affect its conformity.

It is advisable not to manipulate the mattress or pillows outside their covers unless strictly necessary, as their spongy nature makes them susceptible to tearing.

All foams change colour over time and may eventually show completely different tones in some cases; this is a normal phenomenon that does not affect comfort, material quality or structural integrity and therefore does not affect the conformity of the mattresses.

Climatic conditions, humidity, insufficient room ventilation, the type of base used (hermetic and/or varnished), as well as users with high perspiration, may cause mould formation, which is not covered by the product warranty under any circumstances.

Finally, please note that we use photographs and descriptions to provide an illustrative and approximate image of the products in order to offer Users a general view of the product. However, this does not imply exact accuracy. For example, we do not guarantee that the appearance will be exactly the same as that shown in the photograph.

ORDERS

The purchase shall be deemed completed at the moment MEDICAL INNOVATION confirms the order by sending a confirmation email together with the corresponding payment receipt indicating the amount paid at the time of placing the order, itemizing applicable taxes such as VAT and other costs (for example, shipping costs, if applicable), and providing information regarding the shipping method.

MEDICAL INNOVATION reserves the right to reject order(s). In such case, the User will be informed by email to the address provided within a maximum period of three (3) business days from the date the order was placed. If the User does not place another order replacing the rejected one, MEDICAL INNOVATION will refund the amount paid by the User via bank transfer, or the difference that may exist between the cost of the rejected order and the replacement order, if applicable. The initial order will therefore be cancelled without the User being entitled to any compensation.

Spring mattresses may take up to twenty (20) business days to be delivered, as they are non-rollable products and are delivered open at the User’s address. MEDICAL INNOVATION sofas have specific manufacturing and delivery times indicated in the Shipping Policy section.

PRODUCT PRICE

The price of the products shall be the one indicated at any given time on the Web Platform and shall apply exclusively to purchases made through the Web Platform. Prices are always expressed in Euros and include VAT.

MEDICAL INNOVATION reserves the right to modify the price of products if it detects a material error in the price indication, even after an order confirmation has been received from a User. In such case, MEDICAL INNOVATION will inform the User so that they may decide whether to proceed with the order or cancel it. In the event of cancellation, MEDICAL INNOVATION will refund the amount paid by the User within seven (7) business days by bank transfer to the account number indicated by the User.

Any expenses associated with the purchase of a product, such as shipping costs or fees for using a particular payment method, will be indicated during the purchase process. In any case, the User must confirm acceptance before completing the order.

PAYMENTS

Users declare and guarantee to MEDICAL INNOVATION that they have the necessary authorization to use the selected payment method at the time of placing their order, releasing MEDICAL INNOVATION from any liability arising from unauthorized or illegitimate use.

Payments denied, either totally or partially, by the corresponding financial institution will automatically result in the cancellation of the order.

Likewise, any incident arising from payment of the price will be grounds for not proceeding with delivery and/or assembly, with the product being removed from the delivery location if it has already been delivered or transport being cancelled if the product is in the delivery process. Retention of title shall apply to the products until full payment has been received.

Payment by bank card (credit or debit)

If payment by card is selected, please note that MEDICAL INNOVATION does not have access to confidential card information and that our Web Platform is equipped with security tools that comply with the highest market standards such as SSL (Secure Socket Layer) encryption.

These payments are subject to verification and authorization by the issuing bank.

Payment by bank transfer

MEDICAL INNOVATION will reserve orders placed by bank transfer for a period of ten (10) business days from the order confirmation. If payment has not been received within that period, the order will automatically be cancelled.

In all cases, the User will be responsible for correctly entering the data required to make the transfer, including any reference indicated by MEDICAL INNOVATION during the purchase process. In case of error, MEDICAL INNOVATION will cancel the order due to the impossibility of verifying the payment.

Payment via PayPal

PayPal allows Users with a PayPal account to make payments through this platform. PayPal allows payment without the User having to enter financial details on the Web Platform. PayPal uses encryption technology and fraud prevention systems to protect user information. For more information, please visit the PayPal website.

Please note that PayPal charges us for its service. Therefore, in accordance with Article 60 ter of the Spanish General Law for the Protection of Consumers and Users, MEDICAL INNOVATION reserves the right to apply an additional charge to Users who use this payment method. This charge will never exceed the cost incurred by MEDICAL INNOVATION for the use of this service.

In any case, Users will be informed of this charge before confirming the order.

Payment via Cofidis

Split your payment into 4 instalments

Only with your ID document and a valid card.

Select 4xcard as the payment method.
Enter your details in the Cofidis environment.
Pay in 4 instalments.

The first instalment is paid when the order is processed and the remaining instalments at 32, 63 and 90 days.

Financing offered and subject to approval by Cofidis, SA, Spanish Branch for amounts between €75 and €1000 in 4 instalments.

Pay in instalments of your choice

Only with your ID document and proof of bank account ownership.

Add items to your cart (for purchases between €75 and €3,000).
Select Cofidis Pay 6x12x24x as the payment method.
Choose your instalment plan and complete the request.

Payment in instalments will be charged to your bank account.

Financing offered and subject to approval by Cofidis, SA, Spanish Branch for amounts between €75 and €3,000 with terms of 6, 12 or 24 months.

PRODUCT AVAILABILITY

The products on the Web Platform are subject to availability. MEDICAL INNOVATION will do its best to indicate availability on the Web Platform itself. However, the User must take into account that there may be small temporary discrepancies between the actual stock availability and what is indicated on the Web Platform. In such case, MEDICAL INNOVATION will inform the User so that they can decide whether they wish to continue with the transaction or cancel it.

SHIPPING POLICY

Place and delivery times

Shipments/deliveries of the products purchased through this Web Platform are only made to addresses within the territorial scope indicated in section 3 of these Terms of Sale.

MEDICAL INNOVATION shall not be responsible for damages caused in the shipment or delivery of the products when the shipping or delivery address entered by the User is incorrect or does not exist. If, for reasons attributable to the User, the products cannot be delivered, all costs incurred by MEDICAL INNOVATION for the return of the products to our facilities, as well as the costs indicated for subsequent deliveries, will be borne by the User.

If you detect an error, please contact Customer Service as soon as possible. Unless otherwise indicated, the shipping times indicated on the Web Platform are calculated in business days (Monday to Friday, excluding public holidays).

Thus, delivery times vary depending on the product and quantity requested as indicated during the purchase process, and may also vary depending on the chosen payment method.

• In general, and unless otherwise indicated on the website, a period of between 2 and 3 business days is expected for standard products depending on the geographical destination and the time of purchase (day and time).
• Spring mattresses may take up to 20 business days to be received; this is a non-rollable product and is delivered open at the home.
• MEDICAL INNOVATION sofas have specific delivery times depending on the area; generally, a period between 20 and 45 business days from the order confirmation is established.

These deadlines may be affected by logistical reasons, holidays or force majeure, informing the customer in advance.

MEDICAL INNOVATION reserves the right to modify delivery times. Shipments will not be made to P.O. boxes.

Orders placed by bank transfer will be processed and shipped once the receipt of the corresponding amount has been confirmed. In the case of purchases financed through Cofidis, the shipment will be made after the final approval of the financing by the entity.

During the purchase process, approximate delivery times are indicated. MEDICAL INNOVATION will do its best to comply with them. However, transport is subject to factors beyond the control of MEDICAL INNOVATION.

Delivery, transport and assembly of sofas

For MEDICAL INNOVATION brand sofas, the service includes transport to the interior of the home, carrying upstairs and full assembly in the room indicated by the customer, provided that the home has access without special requirements. Delivery at the door is not carried out. Removal of old sofas or waste management is not included.

Transport and assembly costs for MEDICAL INNOVATION sofas

Prices correspond to the full service of transport, carrying upstairs and assembly inside the home without special requirements:

Huelva, Seville, Córdoba and Cádiz: €90
Andalusia (other provinces): €145
Aragon: €160
Asturias: €175
Cantabria: €175
Castilla-La Mancha: €160
Castilla y León: €170
Catalonia: €170
Valencian Community: €160
Extremadura: €145
Galicia: €175
Madrid: €170
Murcia: €160
Navarra: €175
Basque Country: €175
La Rioja: €175

In homes with access difficulties or special requirements, an additional charge may apply with prior notice and acceptance by the customer.

During the purchase process, approximate delivery times are indicated. MEDICAL INNOVATION will do its best to comply with them. However, transport is subject to factors beyond the control of MEDICAL INNOVATION.

Cancellation due to delay

Where applicable, Users may cancel an order if, after forty-five (45) business days from the confirmation of the order by MEDICAL INNOVATION, the User has not received the products for reasons attributable to MEDICAL INNOVATION. However, this period will be extended to thirty (30) business days from the confirmation of the order by MEDICAL INNOVATION when the order includes products that require special delivery and/or professional assembly.

Absence at the address

Absence at the address indicated by the User shall in no case be considered a valid reason to cancel an order due to the expiration of the aforementioned period. In the event of absence, the User must follow the instructions of MEDICAL INNOVATION or of the transport company in order to proceed with the delivery of the product in subsequent attempt(s).

If the User’s absence at the address makes a second delivery necessary, MEDICAL INNOVATION will charge the User an additional fee of €49 VAT included for mattresses and small-volume products and an additional fee of €200 VAT included in the case of sofas.

MEDICAL INNOVATION shall not be responsible for any deterioration of the product resulting from a delay in delivery attributable to the User.

Delivery limitations

Users must inform about those architectural or structural barriers that, considering the dimensions of the purchased products, may prevent or make delivery to the User’s address difficult. MEDICAL INNOVATION will inform during the purchase process about the dimensions of the products.

Some of the MEDICAL INNOVATION brand mattresses are delivered packed in boxes of special dimensions and “vacuum-packed”, allowing entry into any room with standard access in terms of corridors and door dimensions. However, the delivery of the mattress will be made at street level. Once unpacked, the removal of these products may become impossible or require special means that will be at the User’s expense. In the case of sofas, delivery includes carrying upstairs and assembly inside the home provided that structural conditions allow it.

In no case does MEDICAL INNOVATION provide or contract services for the delivery of orders through façades, and the delivery of an order by these means is not its responsibility. If delivery by these means is necessary, the customer will directly contract such services and assume the cost, holding MEDICAL INNOVATION harmless and indemnifying it from any liability that may arise from such delivery.

In case of doubt as to whether your home is difficult to access due to the existence of architectural or structural barriers that, considering the dimensions of the purchased products, may prevent or make delivery to the User’s address difficult, do not hesitate to contact Customer Service, since if delivery cannot be carried out for this reason, MEDICAL INNOVATION will charge the User an additional fee of €49 VAT included in the case of mattress delivery and €200 VAT included in the case of sofa delivery.

Delivery will be subject to compatibility with the current regulations on safety, health and risk prevention.

EXCHANGE AND RETURN POLICY (WITHDRAWAL)

Deadlines

Whenever applicable in accordance with consumer and user regulations, the consumer User who has purchased a product on the Web Platform may, within fourteen (14) calendar days from the date on which the product or the last of the products requested in a single order is received, cancel the contract without the need to specify the reason and without any cost arising from it (*see the section on conditions and specific limitations for hygiene reasons in the case of mattresses, bedding and pillows).

In order to exercise their right of withdrawal, the consumer User must contact MEDICAL INNOVATION Customer Service in any of the following ways: by postal mail to MEDICAL INNOVATION UNION SL Ctra. Huelva-Gibraleón, Km 1 21002 Huelva or to the email address info@colchonesmedical.com. In both cases, the User must unequivocally inform of the cancellation of the contract before the expiration of the fourteen (14) day period, in the case of exercising the legal right of withdrawal. The User must provide photographs of the product, the product model, method of payment, and a copy of the invoice or purchase receipt.

Limitations

The User declares that they are aware that some products and/or services are, due to their nature or to the characteristics of the applicable sector regulations, excluded from the right of withdrawal, such as, for example, sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery (mattresses, bedding and pillows), or goods made according to the specifications of the consumer and user or clearly personalized.

Return costs

Users must bear the return costs. That is, €49 VAT included for pillows and other smaller-volume products and €150 VAT included for mattresses and products of similar volume. The return costs in the case of sofas are €200 VAT included.

MEDICAL INNOVATION will charge the amount corresponding according to the product as return costs in all cases. This amount will be refunded when the warranty applies, deducting the shipping costs of the new mattress.

Likewise, in the event that there are architectural or structural barriers that, considering the dimensions of the products to be returned, may prevent or make the collection of the product at the User’s address difficult, the User will be responsible for directly hiring a transport company specialized in deliveries and collections of products through building façades as well as any extraordinary logistical expenses that may be necessary in order to proceed with the removal (for example, crane, special means, etc.), holding MEDICAL INNOVATION harmless and indemnifying it from any liability that may arise from such collection.

Collection and refund

The transport company will contact the User to inform them of the day and time of collection of the item, which must be delivered in perfect condition, with packaging, components and other materials with which it was originally delivered, as well as with a copy of the invoice or purchase receipt of the initial order.

After fourteen (14) business days from the reception in our warehouses of the returned item, the amount of the item will be refunded by bank transfer to the account number provided by the User, after verifying that the items are in good condition and that the product warranty does not apply. In that case, what is established by the manufacturer for each case will apply, informing the Customer accordingly.

Please note that additional costs for transport and/or special delivery in the initial order delivery are not refunded.

Depreciation due to unnecessary handling

Finally, it is important to inform the User that they will be responsible for any depreciation of the products resulting from handling that is not necessary to determine the nature, characteristics and proper functioning of the products.

Claims related to transport

Any claim related to transport (damage or breakage of the product or damage to the home) will not be accepted after the order has been received by the final customer if the damages are not mentioned on the delivery note and confirmed including photographs of the damages by email to pedidos@colchonesmedical.com within 48 hours after delivery.

In the case of sofas, the customer must check the product after assembly and report any incident on the delivery note before the assembly team leaves the home.

Products purchased with financing

All consequences arising from the acquisition of the order through a financing contract entered into between the User and a financial entity are the sole and exclusive responsibility of the User.

MEDICAL INNOVATION shall not be responsible for financing operations of the purchased products. Any financing operation for the acquisition of MEDICAL INNOVATION products will be carried out outside this company, being a private agreement between the User and the financial entity chosen by them. In no case will MEDICAL INNOVATION act as a lender or as a credit intermediary.

PRODUCT WARRANTY

Legal warranty

MEDICAL INNOVATION offers Users the legal warranties for each type of product it offers on the Web Platform as indicated in their respective descriptive sheets.

The legal warranty period for products purchased from January 1, 2022 is three (3) years from the delivery of the products.

The seller is liable for any lack of conformity that becomes apparent within two years from delivery. The consumer must inform the seller of the lack of conformity within two months from the moment they became aware of it. If a defect appears within the first 2 years, it is presumed that the defect already existed at the time of purchase or delivery of the product. This does not apply if it can be proven that the defect is due to improper use of the product. After the first 2 years, it is the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.

Additional warranty for Medical Innovation sofas

Sofas of the MEDICAL INNOVATION brand include an additional commercial warranty of ten (10) years on the frame, from the date of delivery. This warranty exclusively covers structural manufacturing defects of the frame.

This additional warranty that we offer is conditioned on MEDICAL INNOVATION products being used for domestic purposes, so it will not apply in the event that it is evidenced that they have been used in the development of a business or professional activity.

Additional warranty for Medical Innovation mattresses

We also offer a warranty of ten (10) years for the core of MEDICAL INNOVATION brand mattresses, counted from the date of delivery of the product.

This additional warranty that we offer is conditioned on MEDICAL INNOVATION products being used for domestic purposes, so it will not apply in the event that it is evidenced that they have been used in the development of a business or professional activity.

Additional warranty for Medical Innovation mattresses – 180 Night Trial

MEDICAL INNOVATION offers an additional satisfaction warranty with its mattresses consisting of a 180-night trial. This warranty operates once the legal right of withdrawal has ended, including that period. The customer has the right to withdraw from the contract within 180 days from receipt of the product.

In order to benefit from this additional 180-day satisfaction warranty, the mattress must be accompanied by its original packaging and has a cost of €180 in return costs.

The MEDICAL INNOVATION customer service must be contacted at the email address info@colchonesmedical.com stating this circumstance unequivocally. Customer service will contact the customer and provide the precise instructions to proceed with applying the additional 180-day satisfaction warranty.

The form provided must be submitted fully completed and photos must be provided both of the original packaging and of the condition of the mattress in as much detail as possible. Only exchanges or returns of mattresses that are in perfect condition will be accepted.

MEDICAL INNOVATION will provide precise instructions by email on the preparation of the mattress so that the transport agency can collect the mattress. It is the customer’s responsibility to facilitate the delivery of the mattress to the transport agency without incidents. The collection will be carried out at street level.

In the case of a mattress exchange under this modality, even if it is perfectly packaged, the customer waives the right of withdrawal of 14 days.

Once the request has been accepted, MEDICAL INNOVATION, within a period of 30 business days, will contact the transport agency responsible for collecting the mattress. The timeframes for the removal of the mattress from the customer’s home are not the responsibility of MEDICAL INNOVATION; the transport agency is responsible for arranging the collection with the customer, therefore the collection deadlines are established by the carrier.

Lack of conformity of the products

In the event that any of the products we market shows lack of conformity, Users must notify MEDICAL INNOVATION through the same procedure established for withdrawal or by contacting Customer Service so that we can replace or substitute the product with another of similar characteristics, apply a price reduction or terminate the contract, all in accordance with the provisions established in consumer protection legislation.

The warranty, whether legal or additional, only covers manufacturing defects and the materials that make up the products, expressly excluding defects derived from inappropriate use or poor maintenance. In this regard, and without limitation, MEDICAL INNOVATION shall not be responsible:

• for defects that are the consequence of inadequate, incorrect or inappropriate use or treatment;
• for damages resulting from the application of inappropriate cleaning products;
• for defects or damages presented by products that have not been intended for strictly domestic use;
• when the product has been stored in inappropriate conditions for maintaining its qualities (i.e. mold stains due to excessive humidity in the bedroom, low temperatures or lack of air circulation);
• for damages caused by water, humidity, fire, improper transport or lack of maintenance;
• when the product is stained due to a cause attributable to the User;
• when the product shows cuts or scratches or wear from normal use or damages caused by impacts or accidents;
• when color changes occur in the foams; or
• when the product presents any type of aesthetic issue (threads, pilling, etc.);
• in the case of products whose transport is included free of charge, if the customer rejected the transport.

Any claim due to lack of conformity must be accompanied by the purchase invoice or similar (for example, proof of payment of the order or printed order confirmation email) and at least two (2) illustrative photographs that allow the detection, where applicable, of defects or damages in the product.

In any case, we will understand that a product is compliant and that therefore the warranty does not apply if:

a) it conforms to the description made by MEDICAL INNOVATION on the Web Platform;
b) it is suitable for the uses to which products of the same type are ordinarily intended;
c) it is suitable for any special use required by the consumer User when this has been communicated to MEDICAL INNOVATION at the time the contract was concluded, provided that the latter has acknowledged that the product is suitable for such use.

In the event that a visit by our technicians to the User’s home is necessary to verify the conformity of the product and such analysis determines the conformity of the product or the existence of defects or faults not covered by the warranty, and therefore the inadmissibility of the claim, the cost of such visit will be charged, preparing an individual estimate for each required action.

The cost of repair, outside the warranty period or in cases not covered by it, will be determined in each case.

FORCE MAJEURE

Any possible delay or failure to comply with these Terms of Sale by MEDICAL INNOVATION shall not be considered a breach of them and shall be excused to the extent that it has occurred as a consequence of any cause beyond the reasonable control of MEDICAL INNOVATION, including acts of God, power outages, natural disasters, restrictions imposed by public authorities, adverse weather conditions, strikes, public disturbances, pandemics, outbreaks of previous pandemics or threats that such events may occur.

If, after thirty (30) days from the beginning of the force majeure event, it persists in such a way that it prevents the fulfillment of these Terms of Sale, either party may terminate the transaction in question.