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GENERAL TERMS AND CONDITIONS
These Terms and Conditions shall apply to consumers and users in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. This rule applies to relations between consumers or users and entrepreneurs.
The ownership of this website marsgaming.eu (hereinafter Website) is held by BIOMAG, S.L.U. provided with NIF B01037241 and registered in Alava; and its registration data are: Volume: 514 - Folio: 74 - Page: VI-1773, and whose contact details are BIOMAG, S.L.U. with address at C/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain) with telephone 945 460 486 and e-mail info@biomag.es.
This Web Site, offers a customer service, through which to contact for information, suggestions or complaints; To contact:
- Write an email to: support@marsgaming.eu
- Send a WhatsApp to 644 411 617 (Monday to Friday from 8:00h to 15:00h)
- Fill in and send this contact form
- Chat with us online
This document (as well as any other document mentioned herein) 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, S.L.U. develops through the Website includes: Online sale of gaming products with trademark MARS GAMING.
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 Conditions of Use, including the cookies policy, and the 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 agrees to be bound by these Conditions and by all of the aforementioned, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above.
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will be extended to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Privacy Policy).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily directed to Users residing in Spain, Portugal, Italy, France and Germany. BIOMAG, S.L. does not ensure that the Website complies with the laws of other countries, either in whole or in part.
BIOMAG, S.L. disclaims any liability that may arise from such access, nor does BIOMAG, assure delivery or provision of services to countries other than those mentioned above.
The contract of sale of the products and / or services desired 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 contract of sale will be formalized in English.
Users may purchase on the Website by the means and ways established. They shall follow the online purchase and/or acquisition procedure of BIOMAG, S.L.U., during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "PLACE ORDER".
Likewise, the User must fill in and/or check 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 BIOMAG, S.L.U. has received his order or request for purchase and/or service, i.e. the order confirmation. You will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice. Likewise, the User may, if he/she so wishes, obtain a copy of his/her electronic or paper invoice by requesting it to BIOMAG, S.L.U. using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / or cost of services; and acknowledges that the completion of the purchase order or purchase materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Although BIOMAG, S.L.U. makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website. 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 accompanying the product.
The communications, purchase orders and payments involved during the transactions carried out on the Website may be filed and kept in the computerized records of BIOMAG, S.L.U. in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable, and particularly taking into account the data protection regulations and the rights of the Users according to the Privacy Policy of this Website (See Privacy Policy).
All purchase orders received by BIOMAG, S.L.U. through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause eight of these Conditions) affects the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or if there are no products in stock, BIOMAG, S.L.U. undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied, but exclude shipping costs that will be added to the total amount due in the final purchase process.
In no case the Website will 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 such entity does not authorize the payment, BIOMAG, S.L.U. 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 information will be encrypted.
Once BIOMAG, S.L.U. receives the purchase order from the User through the Website, a pre-authorization will be made to the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time that the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.
In any case, by clicking on "AUTHORIZE PAYMENT", the User confirms that the payment method used is his/her own.
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 orders may be delayed due to saturation in the transport companies; causes beyond the control of this Web Site.
Shipping costs in Spain will be as follows:
Peninsular Spain: 3.99€
Balearic Islands: 6.99€
Shipping costs will be free from:
Peninsular Spain: 39.9€
We will not ship to the following areas: Ceuta, Melilla, Las Palmas, S.C. Tenerife.
6.2. International shipments
Shipments to different countries are linked to different distances, rates and transport or communication limitations. Shipping times and costs to other countries will be as follows:
France (from 5 to 7 working days): 7.99€
Germany (5 to 7 working days): 7.99€
We will not ship to the following areas:
France: Corsica.
Germany: Helgoland.
In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of 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, BIOMAG, S.L.U. cannot meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
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 and how to have it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact BIOMAG, S.L.U. to arrange delivery on another day.
If 30 days after the order is available for delivery, and it has not been delivered for reasons not attributable to BIOMAG, S.L.U. will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded without any 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 resulting from the termination may have an additional cost that may be passed on to him/her.
Web promotions cannot be combined with other discounts (coupons, codes, etc.)
9.1 Free Shipping Promotion
Only valid in the territories of Peninsular Spain and the Balearic Islands.
This text contains the rules established as fundamental rules to be taken into account when participating in a sweepstakes or contest conducted by BIOMAG S.L.U. dated 07/01/2022.
This Website reserves the right to update these rules after this date, without prior notice, based on possible modifications or changes of a legal nature. The rules established in this document will be the ones to be consulted in case of doubt, in order to provide participants with quick access to the rules to be followed.
- The requirements to qualify for the prize will appear expressly in the promotion or announcement of the activity in a specific way, depending on the nature of the sweepstakes/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 participation requests sent by the users will be given in the announcement of the sweepstakes/contest itself, duly stipulated for the knowledge of the participants, without the advertisers being able to modify the dates given once the sweepstakes/contest has been issued.
- In the sweepstakes conducted through the website and social networks, the activity requires this Website to collect the personal data of the participants. Therefore, all participants must accept the data protection policy contained herein.
- Winners and alternates of the sweepstakes/contest must accept that their username and public profile picture in 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, it is not permitted for a user to participate multiple times in the same sweepstakes/contest.
- Unless otherwise stated in the announcement of the activity, there can only be one winner of the sweepstakes/contest.
- All sweepstakes conducted by this Website on social networks and on its website will be valid for residents of mainland Spain, excluding all other territories.
- This Website reserves the right to exclude those participants who do not comply with the established rules.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when BIOMAG, S.L.U. receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time.
BIOMAG, S.L.U. is not responsible for the incorrect handling of the product by the user, once it has been delivered.
In accordance with the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery and/or provision of services shall be understood to be localized from the address of destination of the goods and therefore the applicable VAT rate shall be that legally in force at any given time 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%.
The User is informed that in case he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting BIOMAG, S.L.U. through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact the customer service: support@marsgaming.eu, and/or using the contact details 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 and can make modifications.
Similarly, the User is referred to consult the Privacy Policy for more information on how to exercise their right of rectification as established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, regulating the Protection of Personal Data.
In the cases in which the User acquires products through the Website of the owner, he/she is entitled to 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the BIOMAG Website, S.L.U. or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order.
To exercise this right of withdrawal, the User must notify BIOMAG of his/her decision, S.L.U. You may do so, if applicable, through the contact spaces provided on the Web Site or through support@marsgaming.eu
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that BIOMAG, S.L.U. is made available to you as an attachment to these Terms, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, BIOMAG, S.L.U. shall 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 undue delay and, in any event, no later than 14 calendar days from the date on which BIOMAG, S.L.U. is informed of the User's decision to withdraw.
BIOMAG, S.L.U. will reimburse the User, whenever possible, through the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, BIOMAG, S.L.U. may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first.
The User may return or send the products to BIOMAG, S.L.U. at: C/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain).
And it shall do so without undue delay and in any event not later than 14 calendar days from the date BIOMAG, S.L.U. was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustive, 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, in-ear earphones will not be accepted for return once they have been unsealed or if the slightest signs of use are detected.
The same applies to the provision of a service that the User may contract in this Website, as this same Law establishes that the right of withdrawal will not be granted to the Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by BIOMAG, S.L.U., you will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition 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 documents that may accompany them, as well as a copy of the purchase invoice.
You may use the model withdrawal form attached as an Annex to these Conditions, although its use is not mandatory.
Return of defective products or shipment error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, should contact BIOMAG, S.L.U. immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact details 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 these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, 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 e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 legislation in force at any time for the User and/or consumer.
Warranties
The User and/or consumer, enjoys guarantees on the products that can be purchased through this Website, 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 Protection of Consumers and Users and other complementary laws for each type of product, BIOMAG responding, S.L.U., therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product. This warranty period of at least 3 years shall apply to products purchased after January 1, 2022, both new products 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 as long as: they conform to the description made by BIOMAG, S.L.U. and possess the qualities presented therein; are suitable for the uses to which the products of the same type are ordinarily intended; and 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 respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
- Mars Gaming monitors have a warranty that covers pixel defects.
- A monitor will be replaced or repaired if it exceeds3 bright pixels, 3 dark pixelsOr a combined total of5 defective pixels.
- No claims are accepted for defects within these limits or for physical damage caused by the user.
The user and/or consumer acknowledges and agrees that tampering with or modifying the product will result in immediate loss of warranty.
Repair and after-sales service
1. Repairs during the purchase warranty period: In order to process repairs during the purchase warranty period, it is essential to present, together with the product, the purchase invoice indicating the date of purchase, model and serial number. Warranty repairs will be made without any charge for parts, labor or transportation, provided that the failure is not caused by any of the excluded causes reported by the manufacturer in the warranty document of the product. Therefore, in the event that the fault cannot be covered by the purchase warranty, the customer will be informed through the preparation of 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 rejection the product will be returned unrepaired, without charge for labor and parts for the customer, but it will have to pay the charge for the transport service.
Repairs carried out in this mode will be guaranteed for a period of validity of 6 months 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 manipulated or repaired by other persons or services.
2.Condiciones common: BIOMAG, S.L. receives the product without having been able to previously verify and determine the origin of the failure. Therefore, the repair will be carried out within a reasonable period of time from the acceptance of this quotation, taking into account the scope and conditions of the failure. BIOMAG, S.L.U. will use its best efforts to carry out the repair in the shortest possible time.
Once the estimate has been accepted and the repair has begun, it is not possible to exercise the right of withdrawal, pursuant to the provisions of article 103. a) and h) of RDL 1/2007.
- Parts supply: BIOMAG, S.L.U. guarantees technical and spare parts service, as well as a supply of replacement parts depending on the stock available at the factory of origin.
- Payment: The payment of the repairs or the elaboration of the estimate will be made at the end of the work by Paypal or bank transfer.
3. Conditions for the collection of the product: Once the customer has been informed that the product is ready to be collected, whether it has been repaired or not, the customer will have a period of one month to collect the product. Once this period has expired, storage costs will be charged at the rate of 1% per month of the total invoice (Article 3.6 Royal Decree 58/1988). To withdraw the product, it will be essential to present the receipt of reception and to pay the total amount of the repair, if any. In case of loss of this receipt, the customer must identify himself to our full satisfaction.
4. Contact: Customer Service and After Sales Service:
Telephone: 945 460 486
Schedule: 8:00 - 15:00 from Monday to Friday (this schedule could be modified in exceptional situations)
E-mail: support@marsgaming.eu
Unless otherwise provided by law, BIOMAG, S.L.U. accepts no 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, loss of revenue, loss of contracts, loss of anticipated savings, loss of 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 was concluded between both parties.
Likewise, BIOMAG, S.L.U. also limits its liability in the following cases:
- BIOMAG, S.L.U. applies all measures concerning to provide a faithful visualization of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist in the illumination of the products due to lack of screen resolution, or problems of the browser used or others of this nature.
- BIOMAG, S.L.U. will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or theft of the product.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. BIOMAG, S.L.U. puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however, disclaims liability for causes not attributable to it, fortuitous event or force majeure.
- BIOMAG, S.L.U. will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, BIOMAG, S.L.U. will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, BIOMAG, S.L.U. shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control, i.e. 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 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 transportation, public or private.
- Impossibility of using public or private telecommunications 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, S.L. 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, S.L.U. will use all reasonable means to find a solution that will allow us to fulfill our obligations despite the force majeure cause.
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
You shall not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through 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 punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and 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, S.L.U. is not responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from their use.
By using this Website, the User agrees that most of the communications with BIOMAG, S.L.U. will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that BIOMAG, S.L.U. sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with BIOMAG, S.L.U. through the contact details provided in these Conditions or through the contact spaces on the Website. Likewise, unless otherwise stipulated, BIOMAG, S.L.U. may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by BIOMAG, S.L.U. of any specific legal right or action or failure by BIOMAG, S.L.U. to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies arising under a contract or the Terms, or relieve the User from the performance of its obligations.
No waiver by BIOMAG, S.L.U. of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
These Terms and Conditions and any document expressly referred to herein, constitute the entire agreement between the User and BIOMAG, S.L.U. in relation to the subject matter of the sale and purchase and supersede any other prior agreement, understanding or promise made orally or in writing by the same parties.
The User and BIOMAG, S.L.U. 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 Terms and Conditions.
We have the right to revise and modify these Terms at any time.
You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders you have previously placed.
The contract is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a contract or any of the rights or obligations under it without our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any express or implied warranties that we may have given to you.
The information or personal data provided by the User to BIOMAG, S.L.U. 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 such information and data and declares that all information or data provided are truthful.
In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, regulating the Protection of Personal Data, we inform you that the personal data you provide, or any other data that may arise as a result of the management and provision of the requested service, will be incorporated for processing in the Register of processing activities owned by BIOMAG, S.L., with address at c/ Barrachi, 39 - Pab. 3 - 01013 Vitoria-Gasteiz (Álava-Spain) expressly consenting to the processing of such personal data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and updated manner for the purpose of managing the provision of services, being kept as long as the contractual relationship between the parties or until the deletion is requested by the person concerned.
The data will not be communicated to third parties unless legally required and except for entities that collaborate with BIOMAG, S.L.U. for the provision of services and the proper management of the entity, in which case, only for the purposes and uses exclusively necessary for the development of its activity and for which their services were required, not being able to use them for a different purpose.
You can exercise your rights of access, rectification, deletion, limitation of treatment, portability, opposition and revocation, by sending a written request to the data controller or to the e-mail address info@biomag.es
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Terms and Conditions, or the sales contracts between BIOMAG, S.L.U. and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The User may send to BIOMAG, S.L.U. his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, BIOMAG, S.L.U. has official complaint forms available to consumers and users, which they can request to BIOMAG, S.L.U. at any time, using the contact details provided at the beginning of these Terms (General Information).
Also, if a dispute should arise from the conclusion of this purchase contract between BIOMAG, S.L.U. and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
(you only need to fill in and send this form if you wish to withdraw from the contract). You can download it here.
To the attention of BIOMAG, S.L.U. with NIF B01037241 acting under the trade name of THIS WEBSITE.
I hereby inform you that I withdraw from my contract of purchase of the following product ____________________________ with reference number: ______________________
-Belonging to order no:
-Dated Date of Purchase:
-Consumer's name:
-Consumer's address:
Consumer's signature (only if this form is submitted on paper)