These General Conditions of Sale (hereinafter, "General Conditions" or "Conditions") regulate the conditions of purchase of the products offered by EUROESPES BIOTECNOLOGÍA, S.A. (hereinafter, EBIOTEC or "the seller") through the Website https://ebiotec. com/ (hereinafter, the "Website") owned by EUROESPES BIOTECNOLOGÍA, S.A. These general conditions have been prepared in accordance with the provisions of the Royal Legislative Decree of Spain.com/ (hereinafter, the "Website") owned by EUROESPES BIOTECNOLOGÍA, S.A. These general conditions have been prepared in accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary laws. These conditions are accessible through the Website for anyone interested in purchasing the products offered by EBIOTEC.
ARTICLE 1. GENERAL AND CONTACT INFORMATION
The ownership of this Web Site is held by EuroEspes Biotecnología S.A.
Commercial Name: Ebiotec
Registered Address: Polígono Industrial de Bergondo. Street / Parish of Guísamo. Parcela A6 Nave F. 15165 Bergondo (A Coruña), Spain
CIF / NIF: A15781917
Registered in the Registry: Registro Mercantil de A Coruña, tomo 2456, folio 35, hoja C-26637, inscription 1ª.
Domain name: ebiotec.com
ARTICLE 2. PURPOSE
EUROESPES BIOTECHNOLOGY (EBIOTEC) offers you an online purchase service that will allow you to buy the products available in our online store (www.ebiotec.com).
The purpose of these General Conditions is, on the one hand, to inform potential buyers of the conditions and modalities in which EUROESPES BIOTECHNOLOGY (EBIOTEC) proceeds to the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by EUROESPES BIOTECHNOLOGY (EBIOTEC) to the customer (hereinafter, the "Buyer"). These Terms and Conditions shall apply, without restriction or reservation, to all sales of products that EUROESPES BIOTECNOLOGÍA (EBIOTEC) offers through the Website.
Therefore, the fact of placing an order for products offered for sale on the EUROESPES BIOTECNOLOGÍA (EBIOTEC) website implies that the Buyer has read these Terms and Conditions and fully and completely accepts them.
EUROESPES BIOTECNOLOGÍA (EBIOTEC) reserves the right to unilaterally modify these General Conditions at any time., therefore, at the time of each purchase, the buyer must read them again, being valid and accepted those published and accessible at the time of ordering.
ARTICLE 3. ACCEPTANCE
Acceptance of these General Conditions of Sale during the purchase process implies that you have read and fully and unreservedly agree to each and every one of the conditions included in this document. We therefore recommend that you read this document carefully.
If you do not agree with any of the conditions set forth herein, you should not initiate the purchase of the services contained in the Website.
If you have any questions about the terms and conditions, please contact our Customer Service.
ARTICLE 4. REQUIREMENTS TO OBTAIN THE PRODUCTS
The purchase of products through the Web Site may be made by persons of legal age, with sufficient legal capacity to enter into the contract. Buyers must provide their identification data in the registration form at the time of purchase.
ARTICLE 5. FORMALIZATION OF THE CONTRACT AND ORDERS
5.1 Purchasing process
The purchaser, who must comply with the requirements set forth above, may order the product through the Website, following the purchase procedure established for this purpose:
Once the purchase process is completed, EUROESPES BIOTECNOLOGÍA (EBIOTEC) will send an email to the buyer confirming the purchase and the order data.
The purchase can be made in Spanish from the Peninsula and Balearic Islands.
The selling price, indicated in euros, of the products offered on the EUROESPES BIOTECNOLOGÍA (EBIOTEC) Website shall be the price in force at the time of placing the order (hereinafter, "Order"). Order is understood as that described in point 5.5 of these Terms and Conditions). The selling price of the products displayed on the Website may be modified at any time by EUROESPES BIOTECNOLOGÍA (EBIOTEC) being the price that will apply to the purchase the one displayed on the screen at the time of placing the Order. This price will be the one applicable in the context of distance selling.
The price does not include shipping costs, which will be invoiced as a supplement to the price of the products purchased and will depend on the amount of the order and the destination of the purchase. The shipping costs will be indicated before the Buyer makes the payment. The different shipping and delivery methods are set out in paragraph 7 of these General Terms and Conditions and will be recalled on the Website; the shipping methods may be changed at any time by EUROESPES BIOTECNOLOGÍA (EBIOTEC). Therefore, EUROESPES BIOTECHNOLOGY (EBIOTEC) recommends buyers to periodically consult the General Terms and Conditions on the Website.
Prices include Value Added Tax (VAT), the Canary Islands General Indirect Tax (IGIC) or the Production Tax, which, if any, may be applicable on the date of the Order in accordance with current regulations. Any change in the applicable rate will automatically affect the price of the products that EUROESPES BIOTECNOLOGÍA (EBIOTEC) sells on the Website.
5.3 Product characteristics
The Buyer may select one or more products among those offered by EUROESPES BIOTECNOLOGÍA (EBIOTEC) on the Website.
Without prejudice to the Orders placed by the Buyer, EUROESPES BIOTECHNOLOGY (EBIOTEC) may at any time modify the assortment of products offered for sale on the Website, in particular as a result of restrictions related to its suppliers.
In accordance with the applicable regulations, the Buyer shall have the possibility, prior to the Order, to know through the EUROESPES BIOTECNOLOGÍA (EBIOTEC) Website the main characteristics of the products he/she wishes to purchase.
The products shall comply with the requirements of the Spanish legislation in force. EUROESPES BIOTECNOLOGÍA (EBIOTEC) will not assume any responsibility in case of non-compliance with the legislation of the country other than Spain where the product is to be delivered (e.g. in case of product prohibition, etc.). It is up to the Buyer to verify with the local authorities of the country other than Spain of delivery of the products the applicable limits for the importation and use of products and services to be purchased.
For any questions regarding the products, additional queries or requests for advice, the Buyer may contact the EUROESPES BIOTECHNOLOGY (EBIOTEC) team of Advisors by calling Customer Service at 981 784848 from Spain.
The products displayed on the Website will be valid as long as they remain advertised on it and, in any case, until the end of stock. In the case of products that are not in our warehouses, the validity of the offers presented by EUROESPES BIOTECNOLOGÍA (EBIOTEC) will be subject to the availability of the products. At the time of placing the Order, it will offer the Buyer information that, in principle, there is on the availability of products.
In any case, in the event of total or partial unavailability of the products after the Order has been placed, the Buyer will be informed by e-mail, as soon as possible, of the unavailability of the product and of the delays in the delivery of the same or, if applicable, of the total or partial cancellation of the Order.
In case of total cancellation of the Order due to unavailability of the products: The Buyer's Order will be automatically cancelled and, no charge will be made against the Buyer's bank account.
In case of partial cancellation of the Order due to unavailability of any of the products: The amount of the Order will be updated, depending on the number of units and shipping costs, and your bank account will be debited the corresponding amount of the Order.
The placing of an Order is equivalent to the acceptance of these General Terms and Conditions, the stipulations set forth in the Legal Notice, and the Privacy and Cookies Policy, without prejudice to the particular conditions that the Parties may agree upon.
The Buyer shall have the opportunity to check the details of his Order and to correct any errors.
Once this phase has been validated and the order has been prepared, the Buyer will no longer be able to cancel his Order. The sale will be final. The Order will be confirmed by EUROESPES BIOTECHNOLOGY (EBIOTEC) by sending an email to the Buyer (the "Order confirmation email").
A second e-mail will be sent to the Buyer at the time the Order is shipped.
EUROESPES BIOTECHNOLOGY (EBIOTEC) recommends the Buyer to keep these two e-mails. The Buyer is informed that these two e-mails will be sent to the e-mail address provided for identification during the registration process, prior to placing the Order.
Moreover, EUROESPES BIOTECNOLOGÍA (EBIOTEC) assumes no liability in case of error in entering the email address or non-receipt of the order confirmation email. In these cases the sale will be final, except in case of cancellation of the Order by EUROESPES BIOTECNOLOGÍA (EBIOTEC), especially in the case of products without availability. However, the Buyer may exercise his right of withdrawal under the conditions provided in Article 9 of these General Conditions of Sale.
Once the amount of the Order has been collected, an e-mail with its electronic invoice will be sent, if requested by the Buyer.
In accordance with the applicable regulations, EUROESPES BIOTECHNOLOGY (EBIOTEC) reserves the right to refuse or cancel for legitimate cause any Order in which the number of products or the amount to be paid (for a single order or for several orders accumulated) or other elements manifest in a way that evidences the development by the Buyer of an economic activity related to the products ordered or, in general, any abnormal Order in accordance with the case law applicable to the case.
Finally, EUROESPES BIOTECHNOLOGY (EBIOTEC) reserves the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and degree of execution, in case of non-payment or partial payment of the amounts due by the Buyer, in case of payment incidents or in case of fraud, consummated or attempted, related to the use of the EUROESPES BIOTECHNOLOGY (EBIOTEC) Website, including fraud committed in connection with previous Orders.
ARTICLE 6. PAYMENT
6.1 Means of payment - Bank cards
The means of payment through which you can buy on the Website are bank card. The bank cards accepted on the EUROESPES BIOTECNOLOGÍA (EBIOTEC) Web Site are the following: Visa and MasterCard.
All bank card holders are subject to validation and authorization checks by the card issuer. The security check may consist of a special PIN, or an SMS with a code for the purchase, or a coordinate of your transaction card, etc. The mechanism to be used depends solely on the card issuer. If the issuer of the buyer's payment card refuses, or for any reason does not authorize payment on our behalf, either prior or subsequent to a payment, we will not be liable for any delay or non-delivery.
6.2 Methods of payment
All Orders must be paid in Euros, including all mandatory taxes and duties. Bank charges, if any, shall be borne by the Buyer (including in the event of reimbursement).
6.3 Security in payment transactions
In order to ensure the security of payments made by credit card, the Buyer shall communicate to EUROESPES BIOTECHNOLOGY (EBIOTEC) the visual cryptogram (CVV) on the back of the credit card used by the Buyer.
As part of the fight against fraud on the Internet, data relating to the Buyer's Order may be communicated to third parties authorized by law or designated by EUROESPES BIOTECHNOLOGY (EBIOTEC), for the sole purpose of verifying the identity of the Buyer, as well as the validity of the Order, the means of payment used and the planned delivery.
EUROESPES BIOTECHNOLOGY (EBIOTEC) uses a secure payment tool called "REDSYS" with SSL certification and e-commerce code with CMS. The payment security relies on the authentication of the Buyer and the confidentiality of all data. To guarantee this security, the tool uses proven cryptographic techniques and complies with the requirements established in the different banking regulations applicable in Spain.
ARTICLE 7. SHIPPING AND DELIVERY
7.1 Order shipping cost
The products purchased by the Buyer in accordance with the provisions of these General Conditions may be delivered or picked up at the address indicated by the Buyer as the delivery address for the corresponding Order. Shipping costs shall be borne by the Buyer and shall be as follows:
Peninsula: 4.5€. Delivery time 48 hours
Balearic Islands: 5.5€. Delivery time 48 hours.
Shipments from 45 € do not have shipping costs: Orders will not have any cost if they are greater than FORTY-FIVE (45,00 €) euros. In case of orders below that amount, the shipping cost will be determined at the time of the summary of the purchase.
The shipment will be made through the transport companies MRW, Correos and BuyBox.
7.2 Abnormalities, damage or deteriorated packages
7.2.1 General Provisions
It is recommended that the Buyer, or the recipient of the Order, check at the time of delivery the external condition of the package and the products.
In case of anomaly related to the package (damaged package, open package, liquid remains, etc.) or related to the product(s) ordered (missing product(s), damaged product(s)), the Buyer shall call EUROESPES BIOTECHNOLOGY (EBIOTEC) Customer Service to know the modalities for the return of the damaged product(s).
The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 5 working days from the delivery of the product.
7.3 Delivery time
Delivery times begin to count from the sending of the Order dispatch email.
In the event that delivery times are exceeded for any reason other than force majeure, Buyer shall have the option to cancel its Order.
If after two (2) attempts it is impossible to deliver the order for reasons not attributable to EUROESPES BIOTECNOLOGÍA (EBIOTEC), it will be understood that the customer wishes to withdraw from the Contract and it will be considered terminated. As a result of the termination of the Contract, EUROESPES BIOTECNOLOGÍA (EBIOTEC) will refund the price paid for such products except for shipping costs, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
ARTICLE 8. GUARANTEES
All products for sale on the Website are covered by the legal guarantee in accordance with the applicable regulations and the warranty against hidden defects, which allows the Buyer to return free of charge defective or non-conforming products that had been delivered. The consumer enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding EUROESPES BIOTECNOLOGÍA (EBIOTEC), therefore, for the lack of conformity of the same that is manifested within two (2) years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by EUROESPES BIOTECNOLOGÍA (EBIOTEC) and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and have the usual quality and performance 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 customer, the customer must proceed as indicated in article 9. However, some of the products marketed on the website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore be part of the individual appearance of the product, and will not be a defect.
ARTICLE 9. RIGHT OF WITHDRAWAL
The consumer has the right to withdraw from this contract within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days after receipt by the consumer or a third party indicated by the consumer, of the last of the products purchased in the same Order.
For reasons of health protection and hygiene products sold by EUROESPES BIOTECNOLOGÍA (EBIOTEC) are sealed, so in no case may be unsealed when returning them. Therefore, under Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Customers and other complementary laws, will not accept the return of items that have been unsealed, open, are incomplete, damaged or damaged by the customer himself.
In case the customer wishes to exercise the right of withdrawal, he/she should contact EUROESPES BIOTECNOLOGÍA (EBIOTEC) by mail to the address indicated in the first paragraph regarding EUROESPES BIOTECNOLOGÍA (EBIOTEC) data or by email to firstname.lastname@example.org, indicating the order number, identification of the product/s to be returned, name and surname, as well as the statement of his/her decision to withdraw from the contract.
Upon receipt of the declaration of withdrawal, EUROESPES BIOTECNOLOGÍA (EBIOTEC) will communicate to the customer the acknowledgment of receipt of such withdrawal and then the customer must proceed to send the product(s) through the company of your choice and to the following address: Polígono Industrial de Bergondo. Street / Parish of Guísamo. Parcela A6, Nava F. 15165 Bergondo (A Coruña), Spain
The product(s) must be in perfect condition, unsealed and include the instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
The maximum period for sending the products to be returned will be fourteen (14) calendar days from the date on which the customer had communicated to EUROESPES BIOTECNOLOGÍA (EBIOTEC) its decision of withdrawal.
The direct costs arising from the exercise of the right of withdrawal shall be borne by EUROESPES BIOTECNOLOGÍA (EBIOTEC).
Upon receipt of the products by EBIOTEC, the request for exercise of the right of withdrawal, and after verifying that they are in perfect condition and without unsealing, EUROESPES BIOTECNOLOGÍA (EBIOTEC) will proceed to refund the amount paid within a maximum period of fourteen (14) calendar days from the time of receipt of the product purchased, or from the time when the user has provided proof of the return of the goods. In any case, the payment of the economic amounts will be made through the means used by the customer to make the initial payment.
If any type of manipulation, damage or sign is detected that would suggest that the product in question has been tampered with, opened, modified, altered or that there is a risk of this, the product in question will be returned immediately to the customer by cash on delivery, with the customer bearing the shipping costs. The exercise of the right of withdrawal requires at all times that the customer sends the product as it was received, unsealed and in its original packaging, so that no deterioration is possible during transport, assuming the customer the possible damages during transport and the responsibilities derived.
ARTICLE 10. SIGNATURE AND PROOF
EUROESPES BIOTECHNOLOGY (EBIOTEC) works to protect the personal data of its customers by ensuring a high level of security; however, the Buyer must also participate in the protection of their personal data. In particular, the Buyer must maintain the security of their online transactions, for example, by not communicating to anyone their identifier (email address) or card number. In this sense, EUROESPES BIOTECHNOLOGY (EBIOTEC) assumes no liability for the use of the identifier (email address of the Buyer) and / or card number by a third party other than the Buyer.
EUROESPES BIOTECNOLOGÍA (EBIOTEC) does not assume, in any case, any responsibility for the fraudulent use of this data. The communication of the bank card number and the final validation of the Order will serve as proof of acceptance of the Order and the enforceability of the amounts committed for the reservation of the products listed in the Order. The computer records, kept in the computer systems of EUROESPES BIOTECNOLOGÍA (EBIOTEC) and its partners, shall be considered proof of the communications, Orders and payments made between the Parties.
ARTICLE 11. CUSTOMER SERVICE
For any additional information, query related to the status of an Order or a return, or complaint related to an Order, you can contact EUROESPES BIOTECHNOLOGY (EBIOTEC) Customer Service by phone at 981 784 848 (hours from 9 am to 7 pm) during the opening hours indicated under the heading "Contact" on the Website or by sending an email to the address email@example.com.
ARTICLE 12. LIABILITY
We do not sell products to minors. The products we sell must be purchased by adults. Minors under the age of 18 may only use the Ebiotec Services under the supervision of a parent or guardian.
Prior to placing the Order, the Buyer declares to have full legal capacity to be bound by these General Conditions of Sale. Consequently, in the event that a person who does not have legal capacity to place an Order for items on the EUROESPES BIOTECHNOLOGY (EBIOTEC) Website, the legal representatives of such person (in particular, parents or guardians) shall assume full responsibility for such Order and, in particular, shall pay the price thereof.
12.2 Limitation of liability
The liability of EUROESPES BIOTECNOLOGÍA (EBIOTEC) for the obligations set forth in these General Conditions of Sale may not be demanded when the breach of such obligations is attributable to third party events, even when such events were foreseeable, to the fault of the Buyer or the occurrence of a force majeure circumstance, as defined in the applicable law, or any other circumstances reasonably beyond the exclusive control of EUROESPES BIOTECNOLOGÍA (EBIOTEC).
EUROESPES BIOTECHNOLOGY (EBIOTEC) declines all liability for damages, direct and indirect, foreseeable or not, suffered as a result of the use of the website by the Buyer in a fraudulent manner.
In the event that the liability of EUROESPES BIOTECNOLOGÍA (EBIOTEC) is established for damages suffered by the Buyer attributable exclusively to the placing of the order, such liability shall be limited to the amount of the order that the buyer has paid to EUROESPES BIOTECNOLOGÍA (EBIOTEC).
ARTICLE 13. BASIC INFORMATION ON PERSONAL DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 on the protection of personal data of natural persons and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that the personal data you provide will be recorded in the systems of EuroEspes Biotecnología S.A. for the purpose of providing you with the services you have requested and, where appropriate, to send you information about our services.
The processing of your personal information is legitimized by the fact that it is necessary to carry out the execution of the contract, as well as by your consent. Your personal information will be kept for as long as the contractual relationship subsists and even after, until the eventual liabilities derived from it expire.
Your personal data will not be disclosed to any recipients except to those to whom you authorize us or who are required by law.
You may exercise your rights of access, rectification, deletion, limitation of specific processing, portability, automated decisions and opposition to the processing described in the following address: Polígono Industrial de Bergondo, Calle Parroquia de Guísamo. Parcela A6 Nave F. 15615 Bergondo, (A Coruña), or by sending an e-mail to the address firstname.lastname@example.org.
Additional information on the processing of your personal data can be found at the following link on our website: https://ebiotec.com/politica-de-privacidad/.
ARTICLE 14. MISCELLANEOUS
14.1 Partial disability
Should one or more of the provisions of these General Conditions be considered invalid or declared invalid by application of any law, regulation or as a consequence of a final decision of a competent authority, the remaining provisions shall remain in full force and effect.
14.2 Exclusion of waiver
The failure of either Party to exercise its rights in the event of breach by the other Party of any of its obligations under these Terms and Conditions shall not be construed as a waiver of any future breach of the obligation in question.
14.3 Applicable law and competent jurisdiction
These General Conditions of Sale are governed by Spanish law, specifically by Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
The General Conditions shall apply for the entire period during which the products offered by EUROESPES BIOTECHNOLOGY (EBIOTEC) remain online and until the expiration of the warranty periods.
REVISION DATE OF CONDITIONS: NOVEMBER 2020