Article 1 – GENERAL INFORMATION:
The seller, in accordance with Spanish Law, informs the buyer that the goods/services covered by this contract are provided by the company Marlon Marketing SL, with its registered office in Calle Guayadeque, 47 – 35110 Vecindario – Las Palmas (ES). Any communication or request for information can be sent by e-mail by writing to the address info@biostema.com. You are informed, and agree, that access to biostema.com does not imply, in any way, the beginning of a business relationship with Marlon Marketing SL.
Article 2 – CONCLUSION OF THE CONTRACT:
To make purchases on our website biostema.com you do not need to register therefore,buyers will be free to register with our site or not without this subjecting the purchase activity. It is understood that it will still be biostema.com to provide you with all the data required to activate the purchase. The purchase amount will be calculated on the sum of the cost of all the items you intend to purchase, excluding VAT, net of shipping costs or any other additional costs reported during the order. Each member of the ” biostema.com ” website declares that they have the full right to use credit cards or other payment instruments that can be used on Biostema.com and that they have sufficient credit to cover all costs related to purchases of products through biostema.com. By selecting the “Pay” button during the purchase process, the buyer declares to fully and unreservedly accept all of these General Conditions of Sale. Biostema.com will confirm their orders by sending an email. The prices of the goods/services provided, any taxes and taxes, as well as the additional costs for shipping and packaging are precisely indicated during the definition of the order, before confirmation of the order and before payment. Biostema.com reserves the right to change its prices at any time, but the products will be invoiced on the basis of the rates in force at the time of storage of the orders (by reservation of the availability of the product). The products remain the property of the supplier until the total settlement of the amount due. Biostema.com reserves the right to refuse an order from any customer with whom there is a dispute.
a. a. The goods are sold and purchased in accordance with an order of the buyer sent by the same and accepted by the seller in the manner referred to in the next point
B. The order is subject to these conditions governing the contract in such a way as to exclude any other condition and modalities according to which an order can be made by the buyer. B. Once the products are displayed, you can choose the one of interest by selecting the “DETAILS” button so that a summary page containing the product price data will be shown. By selecting the button to add to the cart it will be possible to book the desired product. On the next screen the user can check the types of products he wants to buy and the relative prices and at this point it will be possible to confirm the order, cancel it or change it.
C. The seller, having verified the availability of the chosen product, issues acceptance of the buyer’s order, without undue delay and by e-mail containing a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the good or service and detailed indication of the price, means of payment, withdrawal, delivery costs and applicable taxes. Once the purchase order has been confirmed, the buyer has the possibility to verify the details at any time on the relevant web page
Article 3 – PRICES AND TARIFFS
The prices of the goods/services provided, any taxes and taxes, as well as the additional costs for shipping and packaging are precisely indicated during the definition of the order, before confirmation of the same.
Article 4 – DELIVERY OF GOODS
Unless further and necessary notices are made, the products for which the order has been accepted by the seller will be delivered to the courier within 10 working days from the transmission of the order confirmation and/or, in case of payment by bank transfer or credit card 7 days after crediting to our accounts and delivered to the address indicated by the buyer on the purchase order. Delivery is made by shippers and/or trusted couriers at the shipping cost indicated on the screen during the completion of the order, calculated according to the weight, volume and destination of the goods. The cost of shipping is borne by the buyer, according to the rates and costs indicated. Each delivery shall be deemed to have been completed from the moment the carrier makes the products available to the buyer, as a result of the system used by the carrier to track shipments. It is the recipient’s responsibility to verify the products at the time of delivery and, where appropriate, to raise any reservations and complaints that appear justified, including the possibility of rejecting the package if it has been opened or bears obvious signs of deterioration. For all digital materials that can be used via the web, the delivery will be made at the time of advent payment. Failure to deliver the even partial order within 90 working days from the date of shipment gives the customer the right to refund the price paid. The 90-day limit may be suspended for force majeure events that cannot be linked to the seller.
Reservations and complaints must be addressed to Marlon Marketing SL by registered letter a.r. or by e-mail to the addresses indicated in art. 1.
Article 5 – PAYMENT
The balance of purchases is made through:
Bank transfer to our account indicated at the time of purchase;
PayPal;
credit card;
prepaid card;
cash on delivery;
The accepted cards are all those belonging to the Visa, Visa Electron and MasterCard circuits, including, therefore, the PostePay card. Credit card data is entered directly on the pages of Biostema.com’s banking partner, and is transmitted to the bank’s servers in encrypted form according to the 128-bit Secure Socket Layer (SSL) standard, one of the most advanced and effective security systems currently available. For added security only the banking partner has access to the card data used for payment, while Biostema.com has no chance to know or store such data. The purchase price will be charged to the buyer’s bank account within 4 days from the day of the order and will be effective after confirmation of authorization by the banking center. In the event that the virtual POS (point of sale terminal on the Internet) communicates the rejection of the card, the order will be automatically cancelled, informing the buyer online of the aforementioned cancellation. In case of non-availability of the product after the order has already been placed, the buyer will be informed by e-mail of its cancellation. As a result of this cancellation, the speed of credit to the buyer’s bank account will depend on the type of payment selected, the type of credit card and the conditions of each bank.
Article 6 – PRODUCT DESCRIPTIONS
The information provided on each product, as well as its photographs and videos, is published on Biostema.com by way of orientation, as well as all trade names, trademarks or distinctive symbols of any kind contained on the pages of the Biostema.com site. In case it becomes necessary, Biostema.com, undertakes to correct errors and omissions that may occur in product descriptions as soon as possible.
Article 7 – RIGHT OF WITHDRAWAL
A. A. The buyer has the right to withdraw from the contract concluded under these general conditions, without any penalty and without specifying the reason, within the period of 14 working days starting from the day of receipt of the goods by the buyer, in accordance with the Consumer Code. The right of withdrawal is exercised with the shipment, within the expected deadline, of a communication sent to the address indicated in art. 1 by registered letter with acknowledgement of receipt. The communication can be sent, within the same period, also by telegram or e-mail to the addresses always indicated in art. 1. Marlon Marketing SL will respond by email providing detailed return instructions.
B. If the goods have been delivered, the buyer who has sent the withdrawal must return the goods by consignment of the goods within a period not exceeding 5 days from the date of receipt. The costs and risks related to the return of the products will be borne by the buyer, who will have to send them in a safe form with the necessary guarantees for the products to arrive in perfect state. The only expenses due by the buyer for the exercise of the right of withdrawal pursuant to this article are the costs of shipping the good to the seller. In case of payment made before the exercise of the right of withdrawal, the seller is required to refund what has been paid, within thirty days from the date on which he became aware of the exercise of the withdrawal.
C. The return may not take place under any circumstances if the products supplied have been clearly used. The products must be returned with the appropriate protections, in their original packaging, in perfect condition (not damaged or dirty), with all accessories, instructions and documentation, with the identification tag and labels still attached. Nor can returns of packages on which there is no element that allows the identification of the sender (order number, name, address) be accepted.
The right of withdrawal does not apply in the case of:
- supply of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and that have been opened after delivery or in case of supply of products that are, after delivery, inextbly mixed with other goods;
- provision of sealed audio or video recordings or sealed computer software that were opened after delivery;
- supply of custom-made or clearly customized goods;
- supply of goods that are likely to deteriorate or expire rapidly;
- service contracts after the full provision of the service by MarlonStore.com, if you have expressly allowed the performance of the service by us accepting the loss of the right of withdrawal as a result of the full performance of the contract;
- provision of digital content (including applications, software, ebooks, MP3, etc.) through a non-material medium (e.g. a CD or DVD) if at the time of the submission of the order you expressly allowed at the beginning of the execution accepting the loss of the right of withdrawal as a result of the start of execution;
- provision of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
- supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can take place only after thirty days and whose actual value depends on market fluctuations which cannot be controlled by MarlonStore.
- tickets of airs, ships, trains and means of transport, concert and event tickets, hotel reservations, vehicle rental reservations and food delivery services.
- food and drink delivered at home.
- Products bought by private individuals.
- urgent repair and maintenance products and services.
Article 8 – GUARANTEE OF CONFORMITY OF GOODS
1. The seller is liable to the buyer for any lack of conformity of the goods purchased pursuant to and for the effects of the provisions of the Consumer Code, provided that it exists at the time of delivery of the goods and manifests itself within two years from the time of receipt of the goods and provided that it is not a defect known by the buyer at the time of the conclusion of the purchase contract. The warranty is 1 year for used goods.
2. Any defect must be communicated to the seller within two months of its detection, sending recommended to. R. address referred to in art. 1. The date of the postmark of the registered letter shall be authentic between the parties.
Article 9 – PROTECTION OF PERSONAL DATA
The seller informs the buyer, in accordance with the General Data Protection Regulation – EU European Regulation 2016/679 (GDPR) laying down provisions to protect individuals and other subjects with respect to the processing of personal data, that personal data provided by the buyer or otherwise acquired as part of the seller’s activity, may be subject to processing, in compliance with the aforementioned legislation. Personal data will be processed by the seller electronically in compliance with the utmost confidentiality and will be used only for the execution of the contract and for the management of the purchase order of the products. The communication of personal data is mandatory for the purposes of the supply of the goods and their failure to communicate will be an impediment to the conclusion and execution of the contract. The data controller is: Marlon Marketing SL – Antonino Casile. No data processing other than that necessary for the execution of the supply may be carried out without the express consent of the buyer. in accordance with the General Data Protection Regulation – EU European Regulation 2016/679 (GDPR), the buyer has the right to obtain an indication of the origin of personal data, the purposes and methods of processing, the logic applied in case of processing carried out with the help of electronic tools. The buyer also has the right to obtain the update, rectification or, when he has an interest in it, the integration of the data, the deletion, anonymous transformation or blocking of the data processed in violation of the law, including those that are not required to be stored in relation to the purposes for which the data was collected or subsequently processed, the attestation that the above transactions have been brought to the attention , including as regards their content, of those to whom the data have been disclosed or disseminated, except where such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected law. Finally, the buyer has the right to object, in whole or in part, for legitimate reasons to the processing of personal data concerning him, even if they are relevant for the purpose of collection, to the processing of personal data concerning him for the purpose of sending advertising material or direct sale or for the purpose of carrying out market research or commercial communication.
In order to exercise the rights provided for under the General Data Protection Regulation – EU European Regulation 2016/679 (GDPR), the buyer can address his written request, by registered mail a.r., or e-mail, to the data controllers, sending his request to the addresses referred to in art. 1.
Article 10 – INTELLECTUAL PROPERTY
Marlon Marketing SL reserves all rights to texts, works, illustrations and images reproduced on the web pages of the Biostema.com site in accordance with copyright as well as in accordance with Intellectual Property. In this regard, and in accordance with the provisions of the Intellectual Property Act, use is authorized only for private use unless otherwise specified, including further restrictions of the Intellectual Property Code. Any other use is foreshadowed as falsification and is sanctioned in accordance with Intellectual Property, except with written permission from Marlon Marketing SL
All total or partial reproductions of the catalog of Biostema.com are strictly prohibited.
Article 11 – RESPONSIBILITY
Marlon Marketing SL is not responsible for the damage caused, both material and immaterial by the misuse of the products sold. The liability of Marlon Marketing SL, in any case, will be limited to the amount of the order and cannot be requested for simple errors or omissions that may have existed despite all the precautions taken in the presentation of the products. Marlon Marketing SL cannot be liable to a buyer or a third party for any indirect damage, loss, profit or turnover that occurred in any way, although they were reasonably foreseeable by Marlon Marketing SL. Without limiting the previous clauses, Marlon Marketing SL’s liability under these general conditions may not exceed a sum equal to the sums paid or payable for the transaction giving rise to that liability, whatever the cause or form of the action in question. Marlon Marketing SL may not be held responsible for non-compliance with the contract in the event of damage in the stocks or unavailability of the product, force majeure, disturbance or total or partial strike, in particular postal services and means of transport and/or communication, flooding or fire. In case of dispute, the buyer will turn to Marlon Marketing SL to get a friendly solution. In addition: Marlon Marketing SL is not held responsible for the misuse it may; be carried out with the contents of its web pages, being the exclusive responsibility of those who access and use them, such misuse includes the following behaviors;
Reproduce or copy, distribute, allow public access through any mode of publication, transform or modify content, unless you have permission from the owner of the relevant rights or the action is legally permitted. Delete, circumvent, or manipulate “copyright” and other meaningful information about the rights of holders embedded in Biostema.com pages, as well as technical protection devices, or any information mechanism that may contain Biostema.com Use Biostema.com pages available to users to insert messages that have no direct correlation with the contents of Marlon Marketing SL’s business in particular , illegal, illegal, defamatory content or any other content that may harm third-party rights or harm computer systems. Biostema.com reserves the right to withdraw any message that he considers inappropriate. Marlon Marketing SL disclaims any responsibility arising from the exchange of information between Users Biostema.com. Responsibility for the events disseminated on its web pages lies with those who carry them out.
Article 12 – SETTLEMENT OF DISPUTES
For all civil disputes concerning or related to this contract, which may arise between the parties, the territorial jurisdiction that may arise shall be the jurisdiction of the court of the place of residence or domicile of the Seller.
Article 13 – ACCESS TO THE CONTRACT AND THESE GENERAL CONDITIONS
A copy of these Terms and Conditions can be downloaded and saved on the buyer’s computer.
Article 14 – AMENDMENTS TO THESE GENERAL CONDITIONS
Biostema.com reserves the right to modify these general conditions of sale without notice, being able to change, delete or add both the content and services that are provided through the site and the format in which they appear or are represented on its servers. These changes will be in effect from the time of their publication on the Biostema.com website and must be accepted by the buyer each time they make a purchase through the Biostema.com
All taxes, taxes and customs duties shall be borne by the addressee.
Article 15 – EXHAUSTIVENESS
The purchase does not entail for the buyer any other charges, obligations or expenses other than those established in the contract.