General terms and conditions
1. GENERAL INFORMATION
These Terms and Conditions will apply to consumers and users in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users. This rule is applicable to relationships between consumers or users and businessmen.
Ownership of this website marsgaming.eu (hereinafter Website) is held by BIOMAG, SL with NIF B01037241 and registered in Álava; and its registration details are: Volume: 514 - Folio: 74 - Sheet: VI-1773, and whose contact details are BIOMAG, SL with address at C/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain) with telephone number 945 460 486 and email info@biomag.es .
This Website offers a customer service, through which to contact to request information, suggestions or submit claims; To get in touch:
- Write an email to: support@marsgaming.eu
- Send a WhatsApp to 644 411 617 (Monday to Friday from 8:00 a.m. to 3:00 p.m.)
- Fill in and send this contact form
- Chat with us online
This document (as well as any other document mentioned here) regulates the conditions governing the use of this Website 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 BIOMAG, SL develops through the Website includes: Online sale of gaming products with the MARS GAMING trademark.
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 Privacy Policy. Data Protection.
By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, so that, if they do not agree however, you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time the acquisition of products and/or services are 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 information provided above.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.
- Provide true and lawful contact data, for example, email address, postal address and/or other data (see Privacy Policy).
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, Portugal, Italy, France and Germany. BIOMAG, SL does not ensure that the Website complies with the laws of other countries, either totally or partially.
BIOMAG, SL declines all liability that may arise from said access, nor does it guarantee shipments or provision of services except for the countries mentioned above.
The contract of sale of the desired products and/or services will be formalized in the following languages; If the purchase is made from Spain, in Spanish, if the purchase is made from France, in French, and if the purchase is made from Portugal, Italy or Germany, the sales contract will be formalized in English.
3. PURCHASE OR ACQUISITION PROCESS
Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of BIOMAG, SL, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “MAKE ORDER ”.
Likewise, the User must fill in and/or verify the information that is 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 BIOMAG, SL has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And you will also be informed by email when your purchase is being shipped.
Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice. Likewise, the User may, if they wish, obtain a copy of their electronic or paper invoice, requesting it from BIOMAG, SL 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 shown together with the presentation or, where appropriate, an image of it 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 o cost of benefits; and acknowledges 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.
Although BIOMAG, SL makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Website. Web. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of BIOMAG, SL in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with the data protection regulations and the rights that assist Users in accordance with the Privacy Policy of this Website (See Privacy Policy). Privacy).
4. AVAILABILITY
All purchase orders received by BIOMAG, SL 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 eight of these Conditions) affects their supply and/or provision of services. If there are difficulties in the supply of products or there are no products in stock, BIOMAG, SL 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 impossible.
5. 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 issue is indicated and applied, but they exclude shipping costs that will be added to the total amount due in the final purchase process.
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 for which the User has already received an order confirmation.
The accepted means of payment are: Credit or debit card, Paypal and Bizum.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, BIOMAG, SL will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. To minimize the risk of unauthorized access, your credit card details will be encrypted.
Once BIOMAG, SL 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, in the established place.
In any case, by clicking on "AUTHORIZE PAYMENT", the User confirms that the payment method used is his.
6. SHIPPING
6.1. national shipments
Shipments will be made with a margin of 2 to 4 working days. In periods with a high volume of sales, such as Christmas, Sales, Black Friday, etc. the delivery time of the orders may be delayed due to the saturation of the transport companies; causes beyond this Website.
The shipping costs in Spain will be the following:
Peninsular Spain: 3.99€
Balear Islands: 6.99€
Shipping costs will be free once the order reaches:
Peninsular Spain: 39.9€
The following zones will be excluded: Ceuta, Melilla, Las Palmas, S.C. Tenerife.
6.2. International deliveries
Shipments to different countries are linked to different distances, rates and limitations of transport or communications. The terms and shipping costs to other countries will be as follows:
France (5 to 7 working days): 7.99€
Germany (5 to 7 working days): 7.99€
No shipments will be made to the following areas:
France: Corsica.
Germany: Heligoland.
7. 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 personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website and , in any case, within a maximum period of 30 days from the date of order confirmation.
If for any reason, attributable to it, BIOMAG, SL could not meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue 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.
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.
8. IMPOSSIBILITY OF DELIVERY
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the place of delivery within the agreed time slot, they must contact BIOMAG, SL to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to BIOMAG, SL, it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned without undue delay and, in any case, within a maximum period of 14 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.
9. PROMOTIONS
Web promotions are not cumulative with other discounts (coupons, codes, etc.)
9.1 Free Postage Promotion
It will only be valid in the territories of Peninsular Spain and the Balearic Islands.
10. SWEEPSTAKES
This text includes the bases established as fundamental rules to be taken into account when participating in a raffle or contest held by BIOMAG SL dated 07/01/2022.
This Website reserves the right to update these bases after this date, without prior notice, based on possible modifications or changes of a legal nature. The bases established in this document will be those that are used in case of doubt, with the aim of providing participants with quick access to the rules to follow.
- The requirements to qualify for the prize will appear specifically in the promotion or announcement of the activity, depending on the nature of the draw/contest. The prize to be received, the requirements to participate, and the start and end dates of the event will be specified.
- The deadlines for the validity of the requests for participation sent by the users will be given in the announcement of the draw/contest, duly stipulated for the knowledge of the participants, without the advertisers being able to modify the dates given once the draw/contest has been issued. .
- In the draws carried out through the website and social networks, the activity requires that this Website collect the personal data of the participants. Therefore, all participants must compulsorily accept the data protection policy collected here.
- The winners and alternates of the draw/contest must accept that their username and public profile photo on any of their social networks, be published on the profiles or other websites of the organizer, in order to communicate the winners of the event.
- Unless otherwise stated, a user is not permitted to enter the same sweepstakes/contest multiple times.
- Unless otherwise stated in the activity announcement, there can only be one winner of the sweepstakes/contest.
- All the draws carried out by this Website on social networks and on its website will be valid for residents of mainland Spain, excluding the rest of the territories.
- This Website reserves the right to exclude those participants who do not comply with the established rules.
11. TRANSFER OF RISK AND OWNERSHIP
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 BIOMAG, SL receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a later moment.
BIOMAG, SL is not responsible for the incorrect handling of the product by the user, once it has been delivered.
12. VALUE ADDED TAX
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision of services will be understood to be located from the destination address of the merchandise and therefore the applicable VAT rate will be the one legally in force at all times depending on each country and the specific item in question; Currently, in Spain at 21%, in France at 20%, in Italy at 22%, in Germany at 19% and in Portugal at 23%. In the rest of the countries of the European Union it will be taxed at 21%.
13. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify the same by contacting BIOMAG, SL through the spaces of contact details enabled on the Website, and, where appropriate, through those enabled to contact customer service: support@marsgaming.eu, and/or using the contact information provided in the first clause (General Information ).
In any case, the User has access to the space, cart, or basket where their purchase requests are noted down and can make changes.
Similarly, the User is referred to consult the Privacy Policy to obtain more information on how to exercise their right to rectification as established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regulator of the Protection of Personal Data.
14. RETURNS, GUARANTEES AND REPAIRS
In the cases in which the User acquires products through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, who makes a purchase on the Website, 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 on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the BIOMAG, SL Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify BIOMAG, SL of their decision. They may do so, where appropriate, through the contact spaces provided on the Website or through support@marsgaming.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 BIOMAG, SL makes available as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, BIOMAG, SL 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 BIOMAG, SL is informed of the User's decision to withdraw.
BIOMAG, SL will reimburse the User, whenever possible, through the same payment method used to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, BIOMAG, SL could withhold said refund 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 BIOMAG, SL at: C/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain).
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date BIOMAG, SL was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of returning (transportation, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling 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 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 or customized products or products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
For reasons of personal hygiene, the return of in-ear headphones (intra-earphones, IEM) will not be accepted once they have been unsealed or if the slightest signs of use are detected.
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 assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by BIOMAG, SL, 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 the same, of products that are not in the same conditions 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 accompanying documents, as well as a copy of the purchase invoice.
You can use the withdrawal form model that appears as an Annex to these Conditions, although its use is not mandatory.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, they should contact BIOMAG, SL 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 on how to proceed to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable 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 proceeds.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and the 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, whenever possible.
In any case, it will always be subject to the rights recognized in the current legislation at all times for the User and/or consumer.
Guarantee
The User and/or consumer, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established and subject to the current regulations on the purchase and sale of consumer goods, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws for each type of product, BIOMAG, S.L., BIOMAG, S.L. will therefore be liable for the lack of conformity of the same that becomes apparent within a period of three years from the delivery of the product. This minimum warranty period of 3 years shall apply to products purchased from 1 January 2022, both new and reconditioned products, even though the minimum legal period for the latter is one year. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by BIOMAG, S.L. and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
The user and/or consumer acknowledges and accepts that manipulating or modifying the product supposes an immediate loss of the guarantee.
Repair and after-sales service
1. Repairs in the purchase guarantee period:To process repairs during the purchase guarantee period, it will be essential to present, together with the product, the purchase invoice indicating the date of acquisition, model and serial number. Warranty repairs will be carried out free of charge for parts, labor or transportation, as long as the breakdown is not caused by any of the exclusionary causes reported by the manufacturer in the product's own warranty document. Therefore, in the event that the breakdown cannot be covered by the purchase guarantee, the customer will be informed by preparing an estimate that may be accepted or rejected, at a rate of €50/h for labor plus the cost. of the necessary parts; in case of being rejected, the product will be returned without repair, without charge of labor and parts for the client,
The repairs carried out in this modality will be guaranteed for a period of validity of 6 months counted from the date of delivery of the product, covering anomalies related to the repair carried out or caused by it, as long as it is the same problem and it has not been tampered with or repaired by other people or services.
2. Common conditions: BIOMAG, SL receives the product without having been able to check and previously determine the origin of the fault. Therefore, the repair will be carried out within a reasonable period of time from the acceptance of this estimate, taking into account the scope and conditions of the fault. BIOMAG, SL will make every effort to carry out the repair in the shortest time possible.
Once the budget has been accepted and the repair has started, the right of withdrawal cannot be exercised, under the provisions of article 103. a) and h) of RDL 1/2007.
- Supply of parts: BIOMAG, SL guarantees technical service and spare parts, as well as a supply of replacement parts that will depend on the stock available at the factory of origin.
- Form of payment: The payment of the repairs or preparation of the budget will be made at the end of the work through Paypal or bank transfer.
3. Conditions for collecting the product: Once the customer has been informed that the product is ready to be collected, whether it has been repaired or not, he will have a period of one month to collect the product. After this period, storage costs will accrue at a rate of 1% per month of the total invoice. (Article 3.6 Royal Decree 58/1988). To remove the product, it will be essential to present the reception receipt and pay the full amount of the repair, if any. In case of loss of this receipt, the client must identify himself to our full satisfaction.
4. Contact: Customer Service and Post Sales Service:
Phone: 945 460 486
Hours: 8:00 a.m. - 3:00 p.m. from Monday to Friday (this schedule could be modified in exceptional situations)
Email: support@marsgaming.eu
15. DISCLAIMER
Unless otherwise provided by law, BIOMAG, SL will not accept any liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach by you.
- Business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
- 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.
Similarly, BIOMAG, SL also limits its liability in the following cases:
- BIOMAG, SL applies all the 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 in the lighting of the products due to lack of screen resolution, or problems of the browser used or others of this nature.
- BIOMAG, SL will act with the utmost diligence in order to make the product object of the purchase order available to the company in charge of transporting it. However, it is not responsible for damages resulting from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. BIOMAG, SL puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure. .
- BIOMAG, SL will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, BIOMAG, SL will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, BIOMAG, SL will not be held responsible for any breach or delay in complying with any of the obligations assumed, when it is due to events that are beyond our 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, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, 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 BIOMAG, SL 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.
BIOMAG, SL will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
16. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use such material only as expressly authorized by us or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically damaging or harmful program or material. You will not attempt to gain unauthorized access to this website, the server on which the website is hosted, or any server, computer, or database associated with our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the appropriate authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
BIOMAG, SL is not responsible for any damage or loss resulting from a denial of service attack, virus or any other program or technologically harmful or harmful material that may affect your computer, computer equipment, data or materials as a result of the use of this website. web page or the download of content from it or to which it redirects.
18. LINKS FROM OUR WEB PAGE
In the event that our web page contains links to other web pages and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
19. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most of the communications with BIOMAG, SL are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that BIOMAG, SL 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 BIOMAG, SL through the contact details provided in these Conditions or through the contact spaces on the Website. Likewise, unless otherwise stipulated, BIOMAG, SL may contact and/or notify the User by email or at the postal address provided.
20. WAIVER
No waiver by BIOMAG, SL of a specific legal right or action or the lack of requirement by BIOMAG, SL of 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 from the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No waiver by BIOMAG, SL 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 is formalized and communicated to the User in writing.
21. NULLITY
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
22. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in them, constitute the entire existing agreement between the User and BIOMAG, SL in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing. for the same parts.
The User and BIOMAG, SL 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.
23. OUR RIGHT TO MODIFY THESE TERMS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in In which case, the possible changes will also affect the orders that you had previously made.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , which we could have granted.
25. DATA PROTECTION
The information or personal data that the User provides to BIOMAG, SL in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (See Privacy Policy). 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.
In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regulator of the Protection of Personal Data, we inform you that the personal data that you provide us, or any others that arise as a result of the management and provision of the requested service, will be included for processing in the Registry of processing activities owned by BIOMAG, SL, with address at c/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain) expressly consenting to the processing of said personal data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner in order to manage the provision of services,
The data will not be communicated to third parties except legal obligation and except for the entities that collaborate with BIOMAG, SL for the provision of services and the correct management of the entity, in which case, only for the purposes and uses exclusively necessary for the development of their activity and for which their services were required, not being able to use them for a different purpose.
You can exercise the rights of access, rectification, deletion, limitation of treatment, portability, opposition, and revocation, by means of a request addressed in writing to the person in charge of the treatment or to the email info@biomag.es
26. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products 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 BIOMAG, SL and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
27. COMPLAINTS AND CLAIMS
The User can send BIOMAG, SL their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, BIOMAG, SL has official claim forms available to consumers and users, which they can request from BIOMAG, SL 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 BIOMAG, SL and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council , of May 21, 2013, on online dispute resolution in consumer matters. You can access this method via the website: http://ec.europa.eu/consumers/odr/.
Withdrawal form model
(you only have to complete and send this form if you wish to withdraw from the contract). You can download it here.
For the attention of BIOMAG, SL with NIF B01037241 acting under the trade name of THIS WEBSITE.
I hereby inform you that I withdraw from my purchase contract for the following product ____________________________ with reference number: ______________________
-Belonging to order no.:
-With date of purchase:
-Name of the consumer:
-Address of the consumer:
Consumer's signature (only if this form is submitted on paper)
Date