General subscription conditions

GENERAL CONDITIONS OF SALES

dicopt.com

  1. GENERAL INFORMATION

The ownership of this website, vvision.eu, (hereinafter Website) is held by: INNOTEC VISIÓN AVANZADA XR, SL, provided with NIF: B75228494 and registered in: Mercantile Registry of Gipuzkoa; and whose registration data are: Volume 2919, page SS-42093, Folio 98, and whose contact information is:

Address:  
Calle De Francisco Grandmontagne 1, floor 2, local 2. 
Contact phone number: 634565047 
Contact email: info@vvision.eu

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (vvision.eu) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Dicopt develops through the Website includes:

Vision therapy software for smartphones for amblyopia (lazy eye). DICOPT is a software that provides information to the Ophthalmologist or Optometrist to help diagnose, train and treat binocular dysfunctions. DICOPT stimulates each eye independently, displaying different game elements to each eye. This is known as dichoptic exercises. Thus, the brain must integrate the vision of both eyes to complete the exercises. DICOPT helps to improve the visual acuity of the amblyopic eye through a non-dissociative therapy such as the use of the patch.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and Dicopt data protection. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.

It is also reported that these Conditions may be amended. The User is responsible for consulting them each time he accesses, browses and / or uses the Website as those that are in force at the time the acquisition of products and / or services 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 details provided above or, if applicable, using the contact form.

  1. THE USER

The access, navigation and use of the Website confers the status of user (hereinafter referred to, indiscriminately, individually as a User or jointly as Users), so they are accepted, from the beginning of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case.

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

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

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

The Website is mainly aimed at Users residing in Spain. Dicopt does not ensure that the Website complies with the laws of other countries, either totally or partially. Dicopt declines all liability that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.

The User may formalize, at their choice, with Dicopt the purchase contract for the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.


  1. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of vvision.eu, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Subscribe or Finish Buys".

Likewise, the User must fill in and / or verify the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Dicopt has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and where appropriate, through their personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from Dicopt using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / or or cost of benefits; and recognizes that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions carried out on the Website could be filed and kept in the Dicopt computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (GDPR) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and the rights that assist users Users in accordance with the privacy policy of this Website.

  1. AVAILABILITY

All purchase orders received by Dicopt through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of the services. If there are difficulties regarding the supply of products or if there are no products in stock, Dicopt undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.

  1. PRICES AND PAYMENT

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

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Dicopt performs delivery and/or shipping services through: Correos Express.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

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

The accepted payment methods will be: Credit or debit card, and SEPA.

Invoices will be generated once payment has been made (according to the Cash Criteria accounting criterion). If you use SEPA as a payment method, the invoice will be issued on the day the payment is received. Due to the limitations of this payment method, collection may take between 5 and 10 days.

Dicopt 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).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Dicopt will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Dicopt receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.

In any case, by clicking on "Subscribe or Finish Purchase" the User confirms that the payment method used is his.

  1. DELIVERY

In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands).

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, Dicopt could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact Dicopt to arrange delivery on another day.

In the event that 30 days elapse from when your order is available for delivery, and it has not been delivered for reasons not attributable to Dicopt, Dicopt will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Dicopt receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a certain time. after full receipt of the amount paid by Dicopt.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

  1. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting Dicopt through the contact spaces provided. on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on "Subscribe or Finalize Purchase", has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

  1. RETURNS

In the cases in which the User acquires products on or through the Owner's Website, they are assisted by a series of rights, as listed and described below:

Right of withdrawal

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

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Dicopt Website or in the event that the goods that make up their order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of being of a service contract, 14 calendar days from the day the contract was entered into.

To exercise this right of withdrawal, the User must notify Dicopt of his decision. You can do so, where appropriate, through the contact spaces provided on the Website or through:

INNOTEC ADVANCED VISION XR, SL 
Calle De Francisco Grandmontagne 1, floor 2, local 2. 
20018 – San Sebastian 
info@vvision.eu

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Dicopt makes available as an annex to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Dicopt will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Dicopt is informed of the decision to withdraw by the User.

Dicopt will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Dicopt could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Dicopt at:

INNOTEC ADVANCED VISION XR, SL 
Calle De Francisco Grandmontagne 1, floor 2, local 2. 
20018 – San Sebastian

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

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Unwrapped music or video CDs/DVDs as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Dicopt, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form:

vvision.eu/withdrawal

Return of defective products or shipping errors

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 Dicopt 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 about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of the 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 we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, 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.

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

Equipment Operation Verification Clause

  1. Report and Substitution Procedure: The customer can report an incident with the equipment through our incident creation channel (https://dicopt.com/soporte/#contacto). In the event that the customer reports a malfunction in the Bluetooth game controller included in the package of our vision therapy application, we will proceed to send a replacement controller at no additional cost to the customer. Along with the shipment of the replacement remote control, the collection of the supposedly defective remote control will be coordinated for technical evaluation.
  1. Technical evaluation: Once the remote control reported as defective has been received, our technical team will carry out a thorough evaluation to determine the existence of any malfunctions.
  1. Non-Failure Diagnosis Charges: In the event that, after the technical evaluation, it is determined that the Bluetooth game controller works correctly and does not present any malfunctions, a charge of €50 will be applied to the customer for the administrative and logistical costs generated by the unnecessary replacement process. . This charge will be previously communicated to the customer during the bug reporting process.
  1. Acceptance of Terms: The request for replacement of a Bluetooth game controller by the customer implies acceptance of this clause, including the possible charge of €50 in the event that the controller reported as defective does not present faults after our technical evaluation.

Warranty

The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the terms legally established for each type of product, Dicopt responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they conform to the description made by Dicopt and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; 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 could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

  1. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Dicopt will not accept any responsibility for the following personal losses or damages, regardless of their origin:

  • any losses that were not attributable to any breach on your part; 
     
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from 
     
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

 

  • adverse effects, temporary or permanent, on the user of the Dicopt app such as:
  • Dizziness;
  • Altered vision (double vision, difficulty focusing or fusing);
  • Muscle or eye spasms;
  • Loss of consciousness;
  • Disorientation;
  • attacks;
  • Or any involuntary movement or seizure.

 

The user of the Dicopt app, or their parents or legal guardians in the event of being a minor, ensures that they have read and understood the indications established in the user manual (available at https://dicopt.com/manual-de-uso/), especially those related to Security instructions y Health Warnings.

It is recommended that the use of the Dicopt app be supervised by a specialist.

Similarly, Dicopt also limits its liability in the following cases:

  • Dicopt applies all measures related to providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others. of this kind 
     
  • Dicopt will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product. 
     
  • Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Dicopt puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it disclaims responsibility for causes that are not attributable to it, acts of God or force majeure.  
     
  • Dicopt will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Dicopt will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. 
     
  • In general, Dicopt will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, by way of example but not exhaustive: 
     

    • Strikes, lockouts or other industrial action.  
        
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.  
        
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.  
        
    • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.  
        
    • Inability to use public or private telecommunication systems.  
        
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Dicopt will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Dicopt will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

  1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Dicopt are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Dicopt sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Dicopt through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Similarly, unless otherwise stipulated, Dicopt may contact and/or notify the User via email or at the postal address provided.

  1. RESIGNATION

No waiver by Dicopt of a specific legal right or action or the lack of a requirement by Dicopt for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfillment of his obligations.

No waiver by Dicopt of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

  1. NULLITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of invalidity.

  1. FULL AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Dicopt in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by them. parts.

The User and Dicopt acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

  1. DATA PROTECTION

The information or data of a personal nature that the User provides to Dicopt in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

Direct Contact Consent

The privacy and protection of your personal data is of the utmost importance to us, INNOTEC VISIÓN AVANZADA XR, SL. As part of our commitment to the security of your data, this document details our contact protocol with the end users of our software, acquired through INNOTEC VISIÓN AVANZADA XR, SL.

  1. Purpose of the Contact: We may need to contact end users to provide technical assistance, software improvements, receive comments, and for other matters related exclusively to the use of INNOTEC VISIÓN AVANZADA XR, SL software.
  2. End User Consent: Before any contact, we require that the center obtain the explicit consent of its end users so that we can interact with them. This consent only applies for the purposes mentioned above.
  3. Limits of Consent: Without the additional permission of the end user, INNOTEC VISIÓN AVANZADA XR, SL will not communicate with users for purposes other than those mentioned in this document.
  4. Compliance with Legislation: INNOTEC VISIÓN AVANZADA XR, SL undertakes to respect all applicable laws and regulations in relation to the protection of personal data, including, but not limited to, the General Data Protection Regulation (GDPR).
  1. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Dicopt and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

  1. COMPLAINTS AND CLAIMS

The User can send Dicopt their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Dicopt has official claim forms available to consumers and users, which they can request from Dicopt at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Dicopt and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.


Last modified: March 6, 2024