General Terms and Conditions - OrangeChem
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general terms and conditions

ORANGECHEM, SLU

Introduction

This contractual document shall govern the General Terms and Conditions for the contracting of laboratory equipment and chemical products (hereinafter, the "Terms") through the website https://orangechem.luiv.es/, owned by Orangechem, SLU, hereinafter referred to as the PROVIDER, whose contact details are also provided in the Legal Notice of this Website.

These Terms shall remain published on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by Orangechem, SLU. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall apply.

Orangechem, SLU shall archive the electronic document where the purchase is formalized and will make it available to the USER upon request.

Contracts shall not be subject to any formality except in cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is stated herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These terms shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the terms, without this affecting goods or promotions that were acquired prior to the modification.

Identity of the Contracting Parties

On one hand, the PROVIDER of the products contracted by the USER is Orangechem, SLU, with registered office at Pol. Ind El Canastell, Ctra. De Agost 98, San Vicente Del Raspeig – 03690 (Alicante), CIF B10629913 and with customer service telephone 633522153 (during business hours 09:00-18:00h).

On the other hand, the USER, responsible for the veracity of the personal data provided to the PROVIDER.

Subject Matter of the Contract

The purpose of this contract is to regulate the contractual relationship of sale arising between the PROVIDER and the USER at the time the USER accepts the corresponding checkbox during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a determined price publicly displayed through the website, of a specific product.

Rectification of Data

When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify the email yuliya@luiv.es so that Orangechem, SLU can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting Procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor. The USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

In accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:

  1. General contracting clauses.
  2. Shipment and delivery of orders.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Jurisdiction.
  7. General terms of the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Payment methods, charges and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. After-sales advice.
  15. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPMENT AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipments of goods will usually be made through the courier company DACHSER or DHL according to the destination freely designated by the USER.

Shipment will be made once the availability of the goods has been confirmed and payment of the order has been verified.

The delivery period will be between 5 and 14 business days, depending on the destination town and the product purchased through the website. The expected shipping and delivery date will be provided prior to order confirmation.

Non-execution of Distance Contract

In the event that the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages being attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages and losses suffered in excess of said amount.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

Delivery shall be deemed to have been made when the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of order delivery, and the USER may, through a simple declaration, demand that they remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases, the USER may also demand compensation for damages and losses, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and state all reservations and claims that may be justified in the corresponding delivery receipt document.

Additionally, damages must be reported immediately in writing to ORANGECHEM, including photographs. Notifications for possible transport damages sent more than 48 hours after delivery will not be accepted.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sale contract if it were a service provision, to exercise the right of withdrawal, regulated in Article 102 of 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, hereinafter RDL 1/2007.

If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise shall end twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.

Any return must be communicated to the PROVIDER at the email: yuliya@luiv.es indicating the corresponding invoice or order number and the reason for the return.

Once the USER has received confirmation of the return, they will send the product to the PROVIDER, with transportation costs at their expense, to the address of Orangechem, SLU, Pol. Ind El Canastell, Ctra. De Agost 98, San Vicente Del Raspeig - 03690 (Alicante).

If the reason for withdrawal by the CLIENT is related to a manufacturing defect in the purchased product, the PROVIDER will bear the transportation costs resulting from the return.

WITHDRAWAL FORM

(You should only complete and send this form if you wish to withdraw from the contract or service contracted).

  • To the attention of Orangechem, SLU.
  • I hereby inform you that I withdraw from my purchase contract for the following goods:
  • Ordered on/requested on (*) day.
  • Name and address of the consumer and user or consumers and users.
  • Date and signature of the consumer and user or consumers and users.

Specific Provisions for the Right of Withdrawal

The USER may exercise the right of withdrawal, provided that the product is returned in its original condition, without having been used or deteriorated in any way. Returns of products showing signs of use, stains, damage or any other alteration that prevents their return in original condition will not be accepted.

The right of withdrawal shall not apply if the product shows damage, deterioration or signs of use that alter its original condition. In such case, the PROVIDER reserves the right to deny the return and, consequently, no refund of the amount paid shall be made.

The refund shall be made only after the product has been returned to the PROVIDER's facilities and it has been verified that it is in its original condition, complete, without damage and without signs of use. In the event that any irregularity is found in the condition of the returned product, the PROVIDER may reject the refund request, without the amounts paid by the USER being returned.

4. CLAIMS

Any claim that the USER deems appropriate will be addressed as soon as possible, and may be made at the following contact addresses:

  • Postal: Pol. Ind El Canastell, Ctra. De Agost 98, San Vicente Del Raspeig - 03690 (Alicante)
  • Telephone: 633522153
  • E-mail: yuliya@luiv.es

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

6. JURISDICTION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these terms is deemed null or impossible to fulfill, the validity, legality and fulfillment of the rest shall not be affected in any way, nor shall they be modified in any manner.

The USER declares having read, known and accepted these Terms in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed subject to these Terms.

No modification, alteration or agreement contrary to the Commercial Proposal of Orangechem, SLU or to what is stipulated herein shall have effect, except by express written agreement signed by the PROVIDER; in this case, these particular agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service do not include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services ancillary to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER acknowledges that the economic valuation of some products may vary in real time.

Before making the purchase, you can check online all budget details: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order has not been placed.

Once the order is placed, prices will be maintained whether or not products are available.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that they have informed at the time of placing the order. This invoice will be sent via email once the PROVIDER has been notified by the courier company in charge of the delivery of the corresponding goods to the USER.

For any information about the order, the USER may contact through the PROVIDER's customer service telephone 633522153 or via email at yuliya@luiv.es

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or unloading costs, or complementary services, unless expressly agreed in writing to the contrary.

Shipping costs will be calculated at the time of order processing and will be reflected in the order confirmation sent by email provided by the USER, as they are calculated by the weight and/or dimensions of the products and by the delivery address chosen by the USER.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following methods to make payment for an order:

  • Bank transfer.

The USER will be informed by the PROVIDER of the procedure to follow to make the bank transfer in their favor.

Security Measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure page, firewalls, access control procedures and cryptographic mechanisms, all with the purpose of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In it, only the items, quantity, price and total amount will be observed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

Carts have no administrative link; it is only a section where a budget can be simulated without any commitment by both parties.

From the cart, an order can be placed following these steps for proper formalization:

  1. Verification of shipping address.
  2. Selection of payment method.
  3. Place the order (purchase).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement.

Orders (Purchase Requests)

Prior to order confirmation, information will be provided on the order status and the approximate shipping and/or delivery date.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, null or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and applicability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

Warranties shall comply with the provisions of the Title referring to "Warranties and after-sales services" of 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, which can be accessed by clicking here.

14. AFTER-SALES ADVICE

The PROVIDER makes available to the USER an after-sales advice service for a period of 3 months, counted from the purchase date indicated on the invoice provided to the USER.

After-sales advice includes the possibility of replacement of damaged parts (e.g., control panels, etc.), provided that such parts have stopped functioning due to an internal failure or manufacturing defect, and not as a result of misuse, incorrect handling, accident or natural wear.

To manage the replacement of the part(s), the USER will return them to the PROVIDER, who will verify their condition. Once the manufacturing defect has been confirmed by the PROVIDER, the replacement will proceed at no additional cost to the USER.

Glass parts or components of machinery are excluded due to their fragile nature. However, the PROVIDER makes available to the customer a wide range of laboratory glassware compatible with the supplied products, which may be purchased separately.

Likewise, damages resulting from inadequate installation, incorrect maintenance, unauthorized modification of the product, or its use for purposes other than those intended by the manufacturer are excluded.

15. APPLICABLE LAW AND JURISDICTION

These terms shall be governed or interpreted in accordance with Spanish legislation in matters not expressly established. Any controversy that may arise from the provision of products or services subject to these Terms shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or that where the property is located if it were real estate.