A. GENERAL TERMS AND CONDITIONS
A.1. PREVIOUS CONSIDERATIONS.
PLANKTONIC LIFE VAT No. B-54870795, has its registered address in 6 Trencalos St, Xàbia, Alicante, post code 03730, Spain, and it is recorded in the Company Register of Alicante, Volume 3876 Sheet 46, Inscription 1, page A-146044.
Supplies delivered by PLANKTONIC LIFE are regulated by the general conditions hereby outlined, and which prevail over whichever other ones that may be included in any other CUSTOMER document, unless accepted explicitly in writing by PLANKTONIC LIFE.
A.2. ENVIRONMENTAL RESPONSIBILITY PLEDGE.
PLANKTONIC LIFE certifies that all its sampling activities at sea are carried out in compliance with internationally accepted methodological standards. These always fully observe national and international regulations of sea and ocean flora and fauna protection, and are outside the area of protected marine spaces. We are first and foremost interested in preserving marine biodiversity so that future generations of students can observe and study it to the full.
A. 3. SCOPE.
PLANKTONIC LIFE supplies its products exclusively to private individuals or companies which are involved in teaching or research activity (henceforth, the CUSTOMER), and therefore it is outside the scope of regulations relating to Consumer and User standards.
These General Sales Conditions are exclusively valid for PLANKTONIC LIFE sales in the European market (EU). For other markets such as the USA, Canada and European countries outside the EU, should you consider that these conditions are not applicable in your case, please get in touch with us via the email addresses provided in the ‘COMMUNICATIONS BETWEEN THE CUSTOMER AND PLANKTONIK LIFE. QUERIES’ and we will be happy to carry out the necessary arrangements.
A. 4. APPLICABLE LAW AND JURISDICTION.
The aforementioned general conditions will be governed by Spanish law. In the event of controversy or conflict arising from the online purchase of goods and for the resolution of any dispute generated by the use of the website, the parties agree to submit freely to Spanish courts and tribunals, thus renouncing any other right or jurisdiction to which they might be eligible.
A. 5. PLANCKTONIC LIFE LIABILITY FOR WEBSITE USE.
PLANKTONIC LIFE will not be responsible for:
a. The use CUSTOMERS might make of the website materials or links, be they prohibited or allowed, in breach of intellectual property rights and/or industrial contents of the website, or third parties’.
b. Any damages caused to CUSTOMERS as a consequence of normal or abnormal functioning of search engines, the organization or location of content and/or access to the website, and, in general, for any of the mistakes or problems derived from the development or instrumentalization of the website’s technical elements.
c. The contents of those websites CUSTOMERS might access via our website’s links, be they authorized or not.
d. The acts or omissions of third parties, regardless of the fact that these third parties might be contractually linked to PLANKTONIC LIFE.
e. Mistakes or delays in accessing the website by the CUSTOMER when inputting their data in the Order Form, slowness or lack of order confirmation from the recipients’, or other anomalies arising when these incidents are caused by problems on the Internet, fortuitous events or force majeure, or any other unforeseen contingency beyond PLANKTONIC LIFE’s bona fide.
f. Malfunctioning or problems with the email address given by the CUSTOMER for the dispatch of the order confirmation.
g. The non-compliance of any CUSTOMER OBLIGATIONS as set out in the forthcoming section, thus PLANKTONIC LIFE will not be liable for any judicial or non-judicial complaint made as a consequence of actions or omissions which imply breaching the general conditions accepted.
PLANKTONIC LIFE pledges to do everything possible to solve the problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution of any problem that the CUSTOMER may encounter using the website.
A.6. PARTIAL ANNULMENT.
Any modification or annulment agreed between the parties or forced by legal reasons relating to any of the current stipulations will not imply the annulment of the rest of them, which will remain in force.
A.7. INTELECTUAL AND INDUSTRIAL PROPERTY.
PLANKTONIC LIFE is a registered trademark with the Spanish Office of Patents and Trademarks with no. 3545806, and therefore, any use of it or of any similar identifying sign which might lead to confusion about its origin or ownership by third parties without previous written authorization by PLANKTONIC LIFE is strictly forbidden.
www.planktoniclife.com is a registered domain name, thus, neither the domain name nor the trademark PLANKTONIC LIFE can be used in connection with other products or services in any way that might cause confusion among our customers or might discredit PLANKTONIC LIFE.
PLANKTONIC LIFE holds all the rights relating to the contents, design and font of its website, especially, by way of example but not limited, to the photographs, images, texts, logos, commercial names, and personal data which are included in the website.
B.1. LIABILITY OF PLANKTONIC LIFE FOR PRODUCT USE.
Only the CUSTOMER is responsible for choosing the product, as well as the use or function to which it is put, agreeing to comply with the health and safety standards in force in their field of activity. PLANKTONIC LIFE cannot be held responsible for and does not guarantee that the product is suitable for the technical applications intended by the CUSTOMER, or to achieve, completely or partially, the objectives expected by the CUSTOMER when purchasing the product. Any recommendation of use from the staff of PLANKTONIC LIFE is made in good faith and according to our knowledge, without supposing any explicit or implicit declaration of product suitability for the specific use intended by the CUSTOMER should it differ from the one originally foreseen by PLANKTONIC LIFE.
All the products we supply are exclusively designed to be used in a teaching or research laboratory, with the appropriate equipment and under the management and supervision of suitably qualified staff, being the users the only persons to be held responsible for their handling and the design of the experiments they carry out with them. Besides, the CUSTOMER is responsible for complying with the legal framework in force and, more specifically, with regulations relating to work safety, hygiene and accident prevention.
CUSTOMERS must be particularly cautious since in many instances the materials supplied are going to be used under their exclusive responsibility by minors or students in training in the environment of the teaching laboratory.
B. 2. CUSTOMER OBLIGATIONS.
The CUSTOMER is obliged:
a. Not to use www.planktoniclife.com to carry out or suggest activities forbidden by law.
b. To refrain from behaving in any way which breaches the website www.planktoniclife.com or third parties’ intellectual or industrial property rights, or in any way which might affect the right to personal or family privacy or the image of third parties, or in any way which might be unlawful.
c. To refrain from carrying out any kind of activity or practice which transgresses the code of conduct generally accepted among Internet users, in particular, not carrying out any act of destruction, alteration, disablement or damage of data, software or electronic documents belonging to www.planktoniclife.com or any other third party, as well as introducing or spreading on the net software, viruses or, in general, any kind of instrument or physical or electronic device which may cause or might be capable of causing any kind of alteration on the net, in the system or in third parties’ equipment.
d. The user will be responsible for the safe use of their password. Besides, the user must inform us of its loss or unauthorized use as soon as possible, in which case we will be entitled to cancel registration with www.planktoniclife.com. In any case, if the email address was given correctly, the system will be able to automatically send a new access password. PLANKTONIC LIFE reserves the right to proceed to the exclusion of any of its CUSTOMERS during the purchase process in the event of detecting any anomaly, abuse, or unethical or fraudulent behavior, reserving the right to start any legal action that might be considered appropriate.
B.3 PRODUCT ORDERING AND PAYMENT.
Placing your order through our website is recommended. To do so, use the shopping basket tool and make the payment by means of the options provided in the payment platform, after accepting USE AND SALES POLICY. At this point it also has to be decided whether the user wishes to receive commercial advertisements or newsletters from PLANKTONIC LIFE by clicking on the Accept box. Your order may also be placed by email (email@example.com) or by phone. In the latter cases it must be borne in mind that the order will be dispatched once the deposit of the amount is confirmed in the corresponding ACCOUNT NUMBER.
For Public Institutions and Companies, PLANKTONIC LIFE will not be able to accept orders unless they are accompanied by the customer’s previous payment confirmation and personal identification details. This can be done by email, indicating all the complete billing and shipping details as well as the reference numbers and amounts of the desired products. The identity of the person responsible for the order must ALWAYS be stated. Orders which do not indicate the name of the person, phone number and email will not be processed.
a. Shipping location: PLANKTONIC promises to deliver the Product to the address entered by the CUSTOMER in perfect condition once the purchase has been accepted and a corresponding email confirmation has been sent. PLANKTONIC LIFE will not be responsible for mistakes and/or damage caused as well as delivery delays when the address entered by the CUSTOMER does not match the desired address or when the delivery address cannot be found.
- The purchase will be processed within two working days following receipt of the order. The dispatch, expected delivery date and tracking, if offered by the shipping company, will be confirmed by email to the address entered by the customer.
- Apart from very exceptional cases when adverse weather conditions during prolonged time periods have resulted in shortages of samples, orders will be dealt with as quickly as possible. In such cases, the customer would be informed immediately. We do not recommend waiting until the last moment to place your order or to plan a teaching activity using PLANKTONIC LIFE materials.
-Delivery will be considered completed from the moment in which the Product has been made available to the CUSTOMER at the delivery place stated by them or at the collection point.
-PLANKTONIC LIFE is not liable for damages or delivery delays caused by the actions of Customs Offices or similar organizations in the destination country.
B. 5.PRODUCTS RETURN AND EXCHANGE.
It is strongly recommended that the customer should not accept delivery from the carrier if at the moment of receipt obvious external damage can be seen (crushing, breakage or dampness). In such cases this should be stated in the carrier’s dispatch note and the package should be rejected.
There is a period of 48 hours starting from the receipt of the product to notify PLANKTONIC LIFE (firstname.lastname@example.org) of anomalies seen in the materials received due to the process of product preparation or packaging. In this case you should follow Planktonic Life’s instructions, and the materials will be immediately substituted when they have returned to their origin, with Planktonic Life assuming responsibility for shipping costs.
In cases of order cancellation, if the material has already been shipped, the CUSTOMER will be refunded if they assume responsibility for its return to the address specified by PLANKTONIC LIFE, including shipping costs, always providing that the package remains unopened.
If the order has not yet left PLANKTONIC LIFE, the amount will be refunded in full.
B.6. GUARANTEE OF PURCHASED PRODUCTS
The guarantee will apply as long as the instructions provided by PLANKTONIC LIFE are followed. These can be found in the corresponding user guide(s) that are shipped with the products and on the website.
PLANKTONIC LIFE reserves the right to change brands and models of the laboratory materials included in the kits, whenever it is deemed appropriate that they can be replaced by more suitable ones. In no way do the images of these materials shown on the website or in the documentation provided have any contractual value.
The prices of our products are shown in Euros (€). The currency exchange rates correspond to those in effect at the moment of purchase. Detailed information on these exchange rates can be obtained from any bank website or from www.oanda.com.
B.8. COMMUNICATION BETWEEN THE CUSTOMER AND PLANKTONIC LIFE. ENQUIRIES.
If you need any kind of general information on products, prices, teaching proposals, possible usage, etc. or shipping conditions before placing an order, write to us at email@example.com . If in doubt on issues related to ordering, shipping, payment, etc., please contact us at firstname.lastname@example.org . If you find something interesting that you would like to ask about, are unsure how to use the products or have suggestions you think may be useful do not hesitate to contact us at email@example.com . In every case you will receive an immediate reply or within a maximum time of 48 hours.
2. COOKIES POLICY.
The information obtained relates to the number of pages visited, the language, the place of access, the number of new users, the frequency and recurrence of visits, the duration of visits and the search engine or equipment from which the visit is made.
What types of COOKIES does PLANKTONIC LIFE use?
• THIRD PARTY COOKIES: These are sent to the user’s terminal equipment from an equipment or domain that is not managed by the editor, but by another entity that collects the data obtained through cookies.
You can allow, block or delete COOKIES installed on your equipment by configuring its browser settings.
PLANKTONIC LIFE is committed to maintaining the confidentiality of our customers, users and visitors and to comply with all the legal requirements pursuant to Act 15/1999 of December 13th on the Protection of Data of a Personal Nature, pledging to comply with the obligation of secrecy of data of a personal nature and their duty of care, and to adopt the necessary measures to avoid its alteration, loss, treatment or unauthorized access, with the technological resources available so far. Therefore data collected via forms, emails or other means will be used solely and exclusively for the purposes indicated in the form filled in by the user.
PLANKTONIC LIFE will never lease, sell or share data from users to third parties, nor will it contact any user unless expressly requested to do so, or when it is considered strictly necessary for the service required.
You are entitled to obtain information from such data, rectification, cancellation and opposition by sending us an email (info@planktonicLife.com), indicating your preferences.