General Terms and Conditions
These General Terms and Conditions – hereinafter referred to as GTC -, regulate the conditions of purchase of the different products offered on the website: www.biotme.com, property of Biotech Medical Simulation, CIF. Nº B06694533 (BIOTME). Avda. de la Estación 10 P1 1º A 06300 ZAFRA (Badajoz) SPAIN and those offered in the catalogue located on the aforementioned website.
These terms and conditions of sale shall govern the relationship between BIOTME and the CUSTOMER, and supersede any other terms appearing in this or any other document unless otherwise specifically stated in writing by BIOTME’s management. Thus, these terms and conditions of sale supersede and exclude any other stipulation incorporated by the CUSTOMER, either in the order itself or during any type of negotiation or ongoing commercial transaction.
Customers making purchases from BIOTME fully accept these terms and conditions and shall be bound by them, as if they were written at the time of contracting/purchase. It is an essential requirement to read and accept the GTC, prior to the purchase of any product. These GTC will be expressly mentioned in the quotations and offers that are made.
BIOTME reserves the right to modify the GTC at any time and without prior notice. The GTC will always be accessible from the website, so that the user can consult or print them at any time.
The prices and conditions of sale shall be maintained for the duration of the offer or quotation submitted to the CUSTOMER, and may vary after this period in response to market fluctuations. The validity of the quotation or offer shall be specified in every quotation or offer.
Once the order has been formalised, the purchase shall be understood to be fully completed, with all the legal guarantees that protect the purchasing consumer and, from that moment, the prices and conditions shall be contractual in nature and may not be modified without the express agreement of both contracting parties. Spanish will be the language used to formalise the contract, or in another language mutually agreed between the parties. The electronic document in which the contract is formalised will be filed and the user will have access to it in their CLIENT area, if this exists.
BIOTME reserves the right to deny and/or suspend access to the services provided at www.biotme.com for reasons of breach of contractual good faith, breach of applicable law, of these General Conditions of Purchase and/or in cases of fraud detected by this company and/or any of its suppliers.
The CLIENT will have 72 hours to check the integrity of all the components of the order and to check that everything that should be included in the products included is included. Once these 72 hours have elapsed, the shipment will be considered accepted and no claims will be accepted for damage or faults with the shipment.
An order will be considered delivered when the delivery receipt is signed by the CUSTOMER. In case of receiving a product damaged by transport it is advisable to contact us within 24 hours in order to be able to claim the incident to the transport company. In the same way it is advisable to leave a record to the transport company. After this time, the product will be covered by the BIOTME guarantee conditions detailed in this document.
If the CUSTOMER does not make such notification, it will be assumed that the products are, in all aspects, in accordance with the contract and free of any defect that would be evident in a reasonable examination, and, consequently, it will be considered that the CUSTOMER has accepted the products.
Except where contradicted by the foregoing, under no circumstances shall BIOTME be liable to compensate the CUSTOMER for damages or for the non-delivery or late delivery of the products for any reason whatsoever, or for any consequential or other loss arising from the non-delivery or late delivery.
Deliveries shall be made to the delivery address indicated in the order, by the means of transport and carrier chosen by BIOTME. The CUSTOMER also has the option of picking up his order at BIOTME’s address, being exempt from any liability for damages or delays in the event that the buyer chooses the carrier.
Logistics costs for the Iberian Peninsula and the Balearic Islands will be free for orders over 150 euros. For other destinations these costs will be specified and if they are assumed by BIOTME or by the CUSTOMER. For international orders the INCOTERM to be applied will be negotiated.
In case of refusal to take over the products purchased by us under the agreed terms, the buyer shall return to BIOTME the delivered goods, without any undue delay and in any case no later than within 3 calendar days. Furthermore, it shall do so in the original packaging, including the corresponding manuals and original accessories, if any. In such a case, the buyer shall bear the direct costs of returning the goods.
The buyer shall be liable for any diminished value of the goods resulting from the handling or use of the goods other than what is necessary to visually check their good condition.
On accepting the estimate, the CUSTOMER must return it signed by telematic means to the e-mail address that appears on the estimate, it is assumed that the CUSTOMER is aware of and accepts the general conditions of sale that appear in our catalogue in force on the date the order is placed.
All of the above is without prejudice to the provisions of the Consolidated Text of the General Law for the Defence of Consumers and Users (TRLGDCU) in relation to the sale of consumer goods to consumers, which establishes several options for exercising the right of withdrawal. Among them is the possibility of doing so by filling in a form online. In order to shorten the time required and to enable you to return the goods conveniently and without delay. In accordance with this legislation, the contract can be cancelled, without the need to justify such a decision and without penalty of any kind, within 14 calendar days of receipt of the goods by the CUSTOMER. In order to do so, the corresponding withdrawal conditions must be complied with. This is without prejudice to what is expressed below, given that BIOTME’s activity is not aimed at end consumers, but at professionals, entrepreneurs, administrations and non-profit organisations.
The addresses and e-mail addresses for notification purposes between the parties shall be those appearing in the quotations, offers or invoices issued by BIOTME.
CONDITIONS OF RETURNS
Without prejudice to the aforementioned in this document:
Such returns shall be processed as commercial returns, as there is no Law regulating the rights of return between companies, and such processing is regulated according to BIOTME’s terms and conditions.
We will not accept returns of products in blister packs or heat-sealed products, and other products with a broken factory security seal.
The above conditions do not affect the right of guarantee or exchange of defective products. BIOTME reserves the right to refuse the return in case of any anomaly detected in the returned product.
The guarantee does not cover defects caused by incorrect use of the product and/or handling of the product other than what is necessary to establish its nature, characteristics or operation. In such cases, the CUSTOMER shall be responsible for its repair. They are, therefore, excluded from the guarantee:
Defects and deterioration caused by external events, accidents, mainly electrical accidents, wear and tear and use not in accordance with BIOTME’s instructions.
Products modified or repaired by the CUSTOMER or any other person not authorised by BIOTME, as well as products that are the subject of a specific support contract.
In general, the warranty period is 2 years from the time of purchase. For this purpose, it is essential to have the purchase receipt or similar, which will serve the user to prove that the product was purchased from BIOTME and the date of purchase. The product must be returned properly packaged to BIOTME’s address.
BIOTME’s activities are of a professional nature and are aimed at businessmen, professionals, administrations and entities, whether for profit or not, never at end consumers. Therefore, the catalogue, website or any other promotional material produced by BIOTME is intended exclusively for this group of people who, when placing the order, wish to obtain the supplies for business and/or professional reasons, and never as consumers.
TRANSFER OF OWNERSHIP AND RISK
The risk of loss or damage to the products shall be transferred to the CUSTOMER at the time of delivery, either to the CUSTOMER or to the carrier chosen by the CUSTOMER. On the other hand, ownership of the products shall not be transferred to the CUSTOMER until all sums due to BIOTME by the CUSTOMER have been paid.
Except when payment is made in full prior to delivery of the product, the entire price shall not be considered paid until the cheque or any other payment instrument provided by the CUSTOMER has been presented or paid in accordance with its terms.
Non-payment of the amounts due for the price and expenses by the buyer shall give rise to the termination of the contract at the request of the seller. Failure by the seller to deliver the goods shall give rise to termination of the contract at the request of the buyer.
PAYMENT OF THE PRODUCTS PURCHASED AND DELIVERY TERMS
The method of payment of the products from the CLIENT to BIOTME will be by default by prepayment, the delivery period will begin at the time of confirmation of payment by the CLIENT. In special cases, other forms of payment may be agreed, always within the framework of Spanish legislation.
The default delivery period shall be 5 calendar days from confirmation of payment, or from the reliable confirmation of the order in the case of deferred payment. This period is understood to be from the time the order is placed until it leaves BIOTME’s premises. The time taken by the logistics company to deliver the order shall not be taken into account in any case. Nor, if applicable, the time taken for customs clearance.
If BIOTME shall be prevented or hindered from performing any contract by any cause beyond reasonable cause or by its inability to provide products required for the performance of the contract except at a higher price, it may, at its sole discretion, delay performance of the contract or cancel the contract in whole or in part. BIOTME shall not be held liable for any such delay, cancellation or inability to deliver any order. In particular, although it shall use all reasonable efforts to deliver orders on the due date, in no event shall BIOTME be liable for any delay, cancellation or failure to deliver.
REGISTRATION OF INCIDENTS, COMPLAINTS AND COMMENTS
BIOTME offers its customers the possibility of registering incidents, complaints and comments in the contact form at www.biotme.com, by telephone at +34 924554135 or by letter to the following address:
Avda. de la Estación, 10 P1 1º A
06300 ZAFRA (Badajoz) SPAIN
Both BIOTME’s and the CLIENT’s responsible personnel are obliged to comply with all applicable legal obligations regarding data protection, and specifically with the provisions of Article 28.3 of the Data Protection Regulation 2016/679 (hereinafter, the “GDPR”), which states that BIOTME shall:
Process personal data only in accordance with documented instructions from the controller, including with respect to transfers of personal data to a third country or an international organisation, unless it is obliged to do so under European Union or Spanish law applicable to the processor; in such a case, the processor shall inform the controller of that legal requirement prior to processing, unless such law prohibits it for important reasons of public interest; ensure that persons authorised to process personal data are bound to respect confidentiality or are subject to a confidentiality obligation of a statutory nature.
Take all necessary technical and organisational measures, in accordance with article 32 GDPR;
Respect the conditions set out in Article 28(2) and (4) of the GDPR for the use of another processor;
Assist the controller, taking into account the nature of the processing, by means of appropriate technical and organisational measures, where possible, to enable the controller to comply with its obligation to respond to requests aimed at exercising the data subjects’ rights set out in Chapter III GDPR;
assist the controller in ensuring compliance with the obligations set out in Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to the processor;
At the controller’s choice, erase or return all personal data upon termination of the provision of the processing services, and erase existing copies unless the retention of personal data is required by Union or Member State law;
and shall make available to the Controller all information necessary to demonstrate compliance with the obligations set out in this clause, as well as to allow and assist audits, including inspections, by the Controller or another auditor authorised by the Controller.
The processor shall immediately inform the controller if, in its opinion, an instruction is in breach of the GDPR or other EU or Spanish data protection provisions.
ENVIRONMENTAL WASTE MANAGEMENT
All products purchased by the CUSTOMER from BIOTME, including their containers and packaging, once purchased, are the property of the purchaser and the purchaser is solely responsible for their disposal. The purchaser must take the appropriate measures to dispose of the waste in a safe and environmentally friendly manner and in accordance with the applicable legal provisions. In the case of the gel that is part of the simulators, the CUSTOMER may send this product, assuming the logistics costs, to BIOTME’s facilities, who will be responsible, in accordance with current Spanish legislation, for the management of the waste.
INTELLECTUAL PROPERTY RIGHTS
The CUSTOMER shall at all times respect international legislation on intellectual and industrial property, exploitation, etc. in relation to BIOTME products, and shall be obliged to inform third parties of the contents of this section.
The commercial relationship between BIOTME and the CUSTOMER shall be subject to and construed in accordance with the laws of Spain and shall be subject to the exclusive jurisdiction of the Courts of Spain.
The data contained in THE CATALOGUE and on the WEBSITE, www.biotme.com, are regularly updated according to the needs and demands of the market, as well as the result of BIOTME’s research and development work, and BIOTME reserves the right to modify any of the characteristics of its products. It is the responsibility of the person responsible for product selection to choose the most suitable products for each application, in accordance with the applicable regulations in each country. BIOTME declines all responsibility due to improper use of the product or unforeseen circumstances in the use of the product.