GENERAL TERMS AND CONDITIONS OF SALE

BLUEMING BIOTECH HOME

1. GENERAL INFORMATION

The ownership of this website, https://bluemingbiotech.com/ (hereinafter referred to as the “Website”), belongs to: Blueming S.L.U., with tax identification number (NIF) B01929538 and registered in the Commercial Registry of MURCIA; with registration details: Sheet MU-102378, Volume 3465, Folio 103, and with the following contact information:

Address: Av. del Taibilla, 1, 30740 San Pedro del Pinatar, Murcia

Contact Phone: 653017963

Contact Email: info@bluemingbiotech.com

This document (along with other documents mentioned herein) regulates the conditions governing the use of this Website (https://bluemingbiotech.com/) and the purchase or acquisition of products and/or services through it (hereinafter referred to as the “Conditions”).

For the purposes of these Conditions, it is understood that the activity carried out by Blueming biotech through the Website includes:

Sale of analytical chemistry equipment, consumables, and complementary units for biotechnological analysis applications.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, as well as Blueming biotech’s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned documents. If the User does not agree with all of this, they should not use this Website.

Furthermore, please note that these Conditions may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the applicable conditions will be those in force at the time of the purchase of products and/or services.

For any questions the User may have regarding the Conditions, they can contact the owner using the contact information provided above or by using the contact form if available.

2. THE USER

Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, individually or collectively, as the “User”), and implies full and unreserved acceptance of these Conditions, as well as any subsequent modifications, without prejudice to compliance with the corresponding legal regulations that are mandatory in each case.

The User is responsible for using the Website correctly. This responsibility extends to:

Using this Website only to make legally valid inquiries, purchases, or acquisitions.

Not placing any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been placed, it may be canceled and reported to the relevant authorities.

Providing true and lawful contact information, such as email address, postal address, and/or other data (see Legal Notice and General Terms of Use).

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

The User may enter into the sales contract for the desired products and/or services with Blueming biotech in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Registered Users can make purchases on the Website through the established means and methods. They must follow the online purchase and/or acquisition process at https://bluemingbiotech.com/, during which various products and/or services can be selected and added to the cart or final purchase space, and finally, click on “Buy and Pay now”.

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

Subsequently, the User will receive an email confirming that Blueming biotech has received their order or purchase request and/or provision of the service, in other words, the order confirmation. And, if applicable, the User will also be informed via email when their purchase is being shipped. In such cases, this information may also be made available to the User through their personal connection space on the Website.

Once the purchase process is completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email and, if desired, through their personal connection space on the Website. Likewise, the User can obtain a paper copy of their invoice by requesting it from Blueming biotech using the contact spaces on the Website or through the provided contact information above.

At the time of purchase, the User acknowledges being aware of certain specific sales conditions that pertain to the respective product and/or service, which are displayed alongside its presentation or image on the Website page. These conditions include, but are not limited to, the product’s name, price, components, weight, quantity, color, product details, or characteristics, as well as the manner in which the services will be provided and/or their cost. The User acknowledges that placing an order or making a purchase materializes their full and complete acceptance of the specific sales conditions applicable to each case.

Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and stored in Blueming biotech’s computer records to constitute a means of proof for the transactions. This will always be done while respecting reasonable security conditions and the applicable laws and regulations, particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, as well as the rights granted to Users according to the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Blueming biotech through the Website are subject to product availability and the absence of any circumstance or force majeure event (clause nine of these Terms) that may affect their supply and/or the provision of services. If difficulties arise regarding the supply of products or if there are no products in stock, Blueming biotech undertakes to contact the User and refund any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices in Euros (€) and include taxes, unless otherwise indicated and required by law, especially regarding VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Therefore, the Website will not automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected.

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

The accepted methods of payment are: Credit or debit card.

Blueming biotech employs all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, Blueming biotech will not be responsible for any delays or failures in delivery and will not be able to formalize any contract with the User.

Once Blueming biotech receives the User’s purchase order through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds are available to complete the transaction. The card will be charged at the time the User receives the shipping confirmation and/or confirmation of the service provided, as specified, and if applicable.

In any case, by clicking on “Buy and Pay now,” the User confirms that the payment method used belongs to them.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla), European Union.

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

If for any reason attributable to Blueming biotech, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance. The User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the paid price. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to arrange for redelivery.

If the User will not be present at the delivery location during the agreed-upon time slot, they should contact Blueming biotech to arrange delivery for another day.

If 30 days have elapsed since the order is available for delivery and it has not been delivered due to reasons not attributable to Blueming biotech, Blueming biotech will consider that the User wishes to cancel the contract, and it will be deemed resolved. As a result of the resolution of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered resolved.

However, the User should be aware that the transport costs resulting from the resolution may be charged additionally.

For the purposes of these Conditions, delivery will be deemed to have occurred or the order will be considered delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed-upon delivery address.

The risks associated with the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Blueming biotech 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 occurs after the complete receipt of the payment amount by Blueming biotech.

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

Similarly, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common system of VAT, purchase orders will be deemed located, for delivery and/or provision, in the Member State of the European Union where the address indicated on the purchase order is located, and therefore, the applicable VAT will be the one in force in that Member State.

For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT in accordance with the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and customs duties in accordance with the current regulations in each of these territories. The User should be aware that in these territories, situations may arise where taxes and customs duties are applied and incurred upon arrival, in accordance with the current regulations, and these may be borne by the User.

7. TECHNICAL MEANS FOR ERROR CORRECTION

The User is informed that in the event they detect an error when entering data necessary to process their purchase request on the Website, they can modify them by contacting Blueming biotech through the designated contact spaces on the Website, and, if applicable, through those enabled to contact customer service, and/or by using the contact information provided in clause one (General Information). Likewise, this information can also be corrected by the User through their personal space on the Website.

In any case, before clicking on “Buy and Pay Now,” the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Terms of Use, and specifically the Privacy Policy, for 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

8.RETURNS

In cases where the User acquires products on or through the Website of the owner, they have a series of rights, as listed and described below:

Right of Withdrawal

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

This withdrawal period will expire 14 natural days from the day the User or a third party authorized by the User, other than the carrier, acquired physical possession of the goods purchased on the Blueming biotech Website, or in the case of goods that are delivered separately, 14 natural days from the day the User or a third party authorized by the User, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 natural days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify their decision to Blueming biotech. They may do so, if applicable, through the designated contact spaces on the Website.

The User, regardless of the means chosen to communicate their decision, must express clearly and unequivocally their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided by Blueming biotech as an attachment to these Terms, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the corresponding period expires.

In the event of withdrawal, Blueming biotech will refund the User all payments received, including shipping costs (with the exception of additional costs resulting from the User’s choice of a different shipping method than the least expensive one offered on the Website), without undue delay and, in any case, no later than 14 natural days from the date Blueming biotech is informed of the User’s decision to withdraw.

Blueming biotech will make the refund using the same payment method used by the User for the initial purchase transaction. This refund will not incur any additional costs for the User. However, Blueming biotech may withhold the refund until the products or items from the purchase are received, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to Blueming biotech at: Av. del Taibilla, 1, 30740 San Pedro del Pinatar, Murcia, and they must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Blueming biotech was informed of the decision to withdraw.

The User acknowledges that they will bear the direct cost of returning the goods, including transportation and delivery, if applicable. Additionally, the User will be responsible for any diminished value of the products resulting from handling them in a manner other than necessary to establish their nature, characteristics, and functioning.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Examples of exceptions, but not limited to, include personalized products, perishable or quickly expiring products, CDs/DVDs of music or video without their factory-sealed packaging, and products that are sealed for reasons of hygiene or health and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed by the same principle. The aforementioned law states that Users will not have the right of withdrawal when the provision of the service has been fully performed or 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 performed by Blueming biotech, they will have lost their right of withdrawal.

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

Furthermore, the products must be returned using or including all their original packaging, instructions, and any other accompanying documents, along with a copy of the purchase invoice.

You can download the Model Withdrawal Form from the following link:https://bluemingbiotech.com/wp-content/uploads/2023/06/modelo-formulario-desistimiento.docx
Return of defective products or shipping errors

This refers to all cases in which the User believes that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, the User must immediately contact Blueming biotech and notify them of the existing dissatisfaction (defect/error) through 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 with the return of the products, and once returned, they will be examined, and the User will be notified within a reasonable period of time whether a refund or, if applicable, replacement is warranted.

The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days from the date on which we send an email confirming that the refund or replacement of the non-conforming item is approved.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including the delivery costs and any costs incurred by the User for the return. The refund will be made through the same payment method used by the User for the purchase.

In any case, the rights recognized in the current legislation at any given time for the User as a consumer and user will always apply.

Warranties

The User, as a consumer and user, enjoys warranties on the products that can be purchased through this website, under the legally established terms for each type of product. Therefore, Blueming biotech is responsible for any lack of conformity that becomes apparent within a period of three years from the delivery of the product.

In this regard, it is understood that the products are in conformity with the contract as long as they: comply with the description provided by Blueming biotech and possess the qualities presented therein; are suitable for the purposes for which products of the same type are ordinarily used; and exhibit the usual quality and performance of a product of the same type that are fundamentally expected from it. If this is not the case for the products delivered to the User, the User must proceed as indicated in the section on Return of defective products or shipping errors. However, some of the products marketed on the website may have non-homogeneous characteristics as long as they derive from the type of material with which they were made, and therefore, they will be part of the individual appearance of the product and will not be considered a defect.

Furthermore, it could happen that the User purchases on the website a product from a third-party brand or manufacturer. In this case, if the User considers it a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to inquire about how to exercise their legal warranty rights directly with them during the three years following the delivery of said products. For this purpose, the User must have retained all the information regarding the warranty of the products.

9.LIMITATION OF LIABILITY

Unless otherwise provided by law, Blueming biotech shall not accept any liability for the following losses, regardless of their origin:

Any losses not attributable to any breach on its part.

Business losses (including loss of profit, revenue, 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 of sale of the products between the parties was formalized.

Likewise, Blueming Biotech also limits its liability in the following cases:

Blueming Biotech applies all measures to provide an accurate display of the product on the website; however, it does not take responsibility for minimal differences or inaccuracies that may arise due to screen resolution, browser issues, or similar factors.

Blueming Biotech will act with the utmost diligence to make the product available to the shipping company responsible for the order. However, it is not liable for damages resulting from transportation malfunctions, especially due to strikes, road closures, or any other industry-related issues that may cause delays, losses, or theft of the product.

Technical failures that, due to fortuitous or other circumstances, hinder the normal operation of the internet service, as well as unavailability of the website due to maintenance or other reasons preventing access to the service. Blueming Biotech makes every reasonable effort to carry out the purchasing, payment, and shipping/delivery process of the products. However, it is exempt from liability for causes beyond its control, such as force majeure or acts of God.

Blueming Biotech will not be held responsible for the misuse and/or wear and tear of products used by the user. Additionally, Blueming Biotech will not be responsible for incorrect returns made by the user. It is the user’s responsibility to return the correct product.

In general, Blueming Biotech will not be held responsible for any failure or delay in fulfilling any of its obligations when such failure or delay is due to events beyond its reasonable control. This includes, but is not limited to:

Strikes, lockouts, or other labor actions.

Civil unrest, riots, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.

Inability to use trains, ships, airplanes, motor transport, or other means of public or private transportation.

Inability to use public or private telecommunications systems.

Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

In such cases, the obligations will be suspended for the duration of the force majeure event, and Blueming Biotech will have an extension period equal to the duration of the force majeure event to fulfill its obligations. Blueming Biotech will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure event.

10.WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this website, the user agrees that most communications with Blueming Biotech will be electronic (email or notices posted on the website). For contractual purposes, the user consents to receive communication electronically and acknowledges that all contracts, notices, information, and other communications provided by Blueming Biotech electronically comply with legal requirements of being in writing. This condition does not affect the user’s statutory rights. The user may send notifications and/or communicate with Blueming Biotech through the contact details provided in these Terms and Conditions and, if applicable, through the website’s contact spaces. Similarly, unless otherwise specified, Blueming Biotech may contact and/or notify the user via email or the provided postal address.

11. WAIVER

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

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

12. 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.

13. ENTIRE AGREEMENT

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

The User and Blueming biotech 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.

14. DATA PROTECTION

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

15. 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 Blueming biotech and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send Blueming biotech his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Blueming biotech has official claim forms available to consumers and users, which they can request from Blueming biotech 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 Blueming biotech and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Sales Conditions document has been created using the online general sales conditions template generator on 06/19/2023.