Conditions of service

Read carefully these Terms of Service to confirm that you have understood and accepted them.
The acceptance of these Terms and Conditions implies the subscription of a contract between BERDAC SMART SERVICES, S.L. (hereinafter "BERDAC" or "we") and you (hereinafter, the "User").
For the purposes of this agreement, "User" means the person requesting the representation service for a third-party unmistakably identified to pick up, on their behalf, their medications and/or health products at a pharmacy of their choice.
You understand and accept that you cannot purchase medicines or health products through this website.
You understand and accept that you cannot select, reserve, order, or request medicines or health products from any pharmacy through this website.
You understand and accept that the relationship with the pharmacy you select will always be direct between you and them, without our intermediation, and through the channels enabled by the pharmacy to communicate with its clients.
Sometimes, the User may not be the person who wants their medication to be picked up but may be requesting the service on behalf of a third party, such as a friend, family member, or someone they care for (the "Patient").
In the event that the User and the Patient do not match, a mandate from the patient to the user to request the present service is presumed. In case the user and the patient are the same person, "You" will be used as a reference.

Description of the Service
IMA Health is a service through which we will represent you in collecting your prescribed medication dispensed at a pharmacy (referred to as OF) of your choice, according to what is mentioned in point 2.
This medication, following your instructions, will be prepared using a Dosage Personalization System (SPD) in cases where it is technically possible.
There will be a periodic collection of your medication at an OF and it will be delivered to the address you provide us.
In no case can medication be reserved, ordered, or purchased through any information system linked to BERDAC.
For such purposes, you must directly contact the pharmacy where you want us to pick up the medication.

Choice of pharmacy
As indicated in Royal Legislative Decree 1/2015, of July 24, approving the consolidated text of the Law on guarantees and rational use of medicines and health products, you are free to choose the pharmacy where, on your behalf, we will collect your medication.
However, by accepting these terms of service, you delegate the final decision to us to choose the pharmacy that best suits your needs. In any case, your medication will be collected at the nearest available OF that offers the SPD service free of charge or economically more favorable for you and complies with all legal, technical, and quality criteria required.
If you want us to collect your medication from another OF, you must communicate this to
You understand and accept that the representation service cannot be provided if you choose an OF that does not provide the SPD service.
You understand and accept that, in case you want us to collect your medication at an OF that does provide the SPD service, but has not been previously evaluated, an additional charge of 60€ per month will be applied for management expenses. These expenses arise from the technical, legal, and necessary quality control evaluation of the service by said pharmacy.
Additionally, please note that the pharmacy may charge you directly the monthly surcharge equivalent to the cost of the SPD service offered by the pharmacy.

The Service Mandatary
By accepting these Service Conditions, you understand and accept that, to provide you with the service (legally framed in article 9.2 of Royal Decree 1718/2010, of December 17, on medical prescriptions and dispensation orders), you will accept a Mandate Contract between you (the Principal) and a person from BERDAC (the Mandatary).
This Contract has the following nature:
Express: specifically contains the act or acts that the Mandatary must fulfill.
Representative: the Mandatary acts on your behalf and for your account.
Special: for the execution of the mandate based on the fulfillment of the objective through appropriate actions.

The Mandate Contract
On the one hand, you as the contractor of the Service and accepter of this Service Conditions document.
And on the other hand, Mr./Ms. Roger Guasch Arambudo, ID number 47.656.498-S, at c/ Gabriel y Galán number 18, 08026, Barcelona, on behalf and representing BERDAC SMART SERVICES, S.L.
BOTH PARTIES act on their own behalf and interest and mutually recognize sufficient capacity to enter into this mandate contract, and
That you (hereinafter referred to as the PRINCIPAL) authorize Mr./Ms. Roger Guasch Arambudo (hereinafter referred to as the MANDATARY) to perform in your name and representation a series of powers.
In virtue of the above, the parties formalize the present MANDATE CONTRACT according to the following
PREVIOUS. - The PRINCIPAL confirms being informed about their freedom to choose a pharmacy where the MANDATARY, on their behalf, will collect their medication. The PRINCIPAL delegates the final choice to the MANDATARY, who will apply criteria of quality, proximity, pharmaceutical care, and SPD model that best suits the PRINCIPAL's needs.

FIRST (OBJECT).- The PRINCIPAL is represented by the MANDATARY to go to the counter of the Pharmacy to collect the medication and health products physically dispensed there, under article 9.2 of Royal Decree 1718/2010, of December 17, on medical prescriptions and dispensation orders.

SECOND. - The MANDATARY will carry out, on behalf of and for the account of the PRINCIPAL, all the acts of administration and facilitation necessary for the effective fulfillment of their duties, including, but not limited to, all those involving:
The request for SPD preparation, on your behalf, without prejudice to the documents that, being necessary, are signed directly between the OF and the patient or the user or another representative on your behalf.
Collection of the necessary products and delivery to the address requested by the PRINCIPAL, by applying the necessary resources.
According to article 1.719 of the Civil Code, the mandate will comply with the above instructions requested by the PRINCIPAL. However, in the absence of any indication or detail, the PRINCIPAL will act as a good parent would.

THIRD. - To settle, alienate, mortgage, or execute any act of strict dominion, the MANDATARY will require, in accordance with article 1.713 of the Civil Code, an express mandate from the PRINCIPAL.

FOURTH. - The MANDATARY cannot exceed the limits of the mandate, as provided in article 1.714 of the Civil Code.
The limits of the mandate will not be considered exceeded if it is fulfilled in a way more advantageous for the PRINCIPAL than that indicated by them, as provided in article 1.715 of the Civil Code.

FIFTH. - The PRINCIPAL expressly authorizes the MANDATARY to designate a third party, sub-agent, to carry out the execution of the mandate.
The sub-agent will in no case replace the MANDATARY, who will continue to have all the presentative faculties and judicial obligations contracted with the PRINCIPAL (Judgment of the Supreme Court of March 2, 1992).
The PRINCIPAL may, at any time, veto the sub-empowerment in general or in a particular case.

SIXTH. - By acceptance, the MANDATARY is obliged to comply with the mandate and will be responsible for the damages and losses that, if not executed, occur to the PRINCIPAL, in accordance with the provisions contained in article 1.718 of the Civil Code.
Likewise, the MANDATARY will be responsible for damages caused by the sub-agent pursuant to the provisions of article 1.721 of the Civil Code.

SEVENTH. - The MANDATARY must report on their operations and will deliver to the PRINCIPAL everything received under their mandate, as provided in article 1.720 of the Civil Code.

EIGHTH. - The PRINCIPAL will fulfill all the obligations that the MANDATARY has contracted within the limits of the mandate.
Unless expressly or tacitly ratified, the PRINCIPAL will not be bound by what the MANDATARY has exceeded.

NINTH. - The PRINCIPAL will make payments directly to the Pharmacy they have selected. However, and exceptionally, the MANDATARY may request the PRINCIPAL to advance payment for some specific services in the form of a provision of funds. This commits to advance, in accordance with article 1.728 of the Civil Code, the amounts necessary for the execution of the mandate.
In cases where the MANDATARY had to advance these amounts, the PRINCIPAL must reimburse them, even if the business did not go well, provided that there is no fault on the part of the MANDATARY.

TENTH. - The PRINCIPAL will indemnify all damages and losses that the fulfillment of the mandate may have caused to the MANDATARY, who, as indicated in article 1.730 of the Civil Code, may retain the things subject to the mandate as a pledge until the PRINCIPAL makes the compensation.

ELEVENTH. - For the resolution of any discrepancy derived from the interpretation and/or execution of this contract, with the express waiver of any other jurisdiction, they are expressly submitted to the Courts and Tribunals of Barcelona.
And as proof of agreement, the contractor accepts this document on the date of acceptance of the Service Conditions.

Day and time of delivery
Under normal conditions, delivery will occur within a maximum period of 3 working days after the collection of your medication.
You may respond to the person who contacts you to indicate the day and delivery schedule. At any time, you can contact Customer Service to make any inquiries regarding this.
You must sign upon delivery, confirming that it has been carried out under the established conditions and as previously agreed.
If it becomes impossible to deliver the medication or product, or its delivery is unduly delayed due to technical problems, the absence of the mandatary at the time of delivery, or the absence of the mandator or recipient at the agreed address, BERDAC may choose to deliver it at another time applying the agreed surcharges, or it may resolve the specific situation as detailed below.

Shipping costs
The service includes 1 (ONE) monthly shipment of medication presented in SPD that does not require transportation in refrigerated conditions or does not have a large volume format.
You understand and accept that, in the following cases, an additional surcharge of €20 + VAT per shipment may be charged:
The shipment of medicines or health products that require refrigerated transportation.
The shipment of medicines or health products of large volume.
Additional shipments in addition to the one included free of charge during the same month.
Shipment to destinations other than those habitually indicated.
Shipment of medication that remains in the possession of the OF after canceling the service.

Billing and payment method
You understand and accept that, if you are in any of the cases for which an additional surcharge may be applied, you must proceed to pay it by direct debit.
Likewise, if the service has an associated economic amount that you must recurrently cover, payment will also be made by direct debit.
If a direct debit receipt is returned by the banking entity, BERDAC will reissue the receipt after FIVE (5) working days, adding to the owed amount the corresponding commission for the returned receipt.

Service Cancellation
You can request the cancellation of the service at any time by writing an email to
If at that time your medication is available at the OF and you want BERDAC to collect it on your behalf for the last time, you will have an additional surcharge of €20 + VAT.

Causes justifying the failure to provide the service
The following causes justify the failure to provide the service:
Rejection of the case by the OF.
Insufficiency or incorrectness of personal data that unmistakably identifies the patient.
Lack of decorum or respect by you towards BERDAC staff.
Fraudulent or abusive use of the service, not corresponding to its original purpose.
Non-payment of surcharges by you, if any.
Other technical, organizational, or administrative reasons.

Duration of the conditions
The Service Conditions stated here have an indefinite duration. If there is any modification to these Service Conditions, they will be published through the update of the corresponding documentation on the website.
If, following these changes, you wish to cancel the service, you can communicate it through the procedures validly accepted in these Service Conditions.

Termination, Withdrawal, and Termination of the Agreement.
BERDAC may terminate its provision of services to you immediately in case you have incurred in any of the causes that justify the lack of service provision. Outside of these cases, BERDAC may, at any time, terminate your subscription and suspend the provision of the service with prior notice of FIFTEEN (15) days.

Customer Service
BERDAC offers customer service by telephone from Monday to Friday from 9:00 a.m. to 6:00 p.m. In general, you can expect a response from us to any inquiry within less than 5 business days.

Personal Data Protection and Transfer of Data to Third Parties
The personal data provided by you to BERDAC (hereinafter, the "Personal Data") will be used for the purpose of providing the service described in these Service Conditions. You understand and accept that such Personal Data you have provided to us may be communicated by BERDAC (data controller) to third parties (data processors) for the ultimate purpose of offering you a quality service. Specifically, but not exclusively, we may transfer your Personal Data to the Health Organization you have chosen, transport companies, management companies, etc. BERDAC guarantees the protection of your data in accordance with current regulations. The data collected in this process and all provided by you will be incorporated into a file that BERDAC maintains for the purpose of managing the company-client relationship. Additionally, the Personal Data related to health that you provide to BERDAC and that it may access as a result of the provision of services (such as ID, health card, email, phone number, medication plan, delivery address, etc.) will be processed based on the legal consent granted by the user or patient. This consent can be revoked at any time without affecting the legality of the treatment carried out prior to revocation. You understand and accept that BERDAC may grant access to your Personal Data to software development and maintenance service providers to the extent that such access is necessary for the provision of services. If the user does not coincide with the patient or in the case of providing third-party data, the user declares and guarantees, under their exclusive responsibility, that they have the express consent of the patient for the processing of their data, as well as authorization to transfer them to third parties. The user declares and guarantees that they have informed the patient and such third parties about the processing of their data that takes place as a result of using this service and agrees to indemnify BERDAC against any liability that may arise from the absence of said consent or authorization. BERDAC reserves the right to carry out any checks it deems appropriate to verify the circumstances referred to in the previous paragraph. The Personal Data will be kept while these conditions remain in force in accordance with the provisions therein. These data will be blocked for a period of 5 years after the end thereof, regardless of the reason for such termination, to the extent necessary for the attention of possible responsibilities arising from the contractual relationship and subsequent processing of Personal Data. Individuals whose data is processed by BERDAC, in accordance with the above, may exercise their rights of access, rectification, opposition, deletion, portability, and limitation of processing, by requesting it at support@ima.healt, accompanying a copy of their ID or equivalent document proving their identity. Likewise, individuals have the right to seek the protection of the Spanish Data Protection Agency through its website

Conflict Resolution
The parties, with express waiver of any jurisdiction that may correspond to them, agree that any dispute, discrepancy, issue, or claim arising from the execution or interpretation of these Conditions, or related to them, directly or indirectly, shall be submitted to the Courts and Tribunals of the city of Barcelona.