BUYER USE OF PRODUCTS
Products of Spain City Sales. are for laboratory research purposes only, and are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medicinal devices or cosmetics for humans or animals, for any commercial purposes or the production of illicit drugs. Also all products are not intended by their manufacturer for human use or consumption.
The chemical, physical, and toxicological properties of these chemicals have not been fully investigated and are not guaranteed.
Buyer acknowledges that the products have not been tested by Spain City Sales for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use. Buyer expressly represents and warrants to Spain City Sales that Buyer will properly test, use, manufacture and market any products purchased from Spain City Sales and/or materials produced with products purchased from Spain City Sales in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. Buyer warrants to Spain City Sales that all terms in these Terms and Conditions shall be abided if buyer introduces products purchased from Spain City Sales into commerce.
Buyer further warrants to Spain City Sales that any material produced with products from Spain City Sales shall not be adulterated or misbranded and shall not be materials which may not be introduced into commerce.
Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Spain City Sales. Buyer also has the duty to warn Buyer’s customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by Spain City Sales relating to the use of the products and not misuse the products in any manner. If the products purchased from Spain City Sales are to be repackaged, relabeled or used as starting material or components of other products, Buyer will verify Spain City Sales’s assay of the products. No products purchased from Spain City Sales shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.
Furthermore, any customer of Spain City Sales declares to take full responsibility for any purchases (made now and in the future) of any product or service from Spain City Sales.
Spain City Sales makes no claims that the products offered may be lawfully purchased outside of the Spain. Purchasing the offered products may not be legal by certain persons or in certain countries. If you purchase the offered products from outside of the Spain, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the Spain, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within the Netherlands. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
Spain City Sales does not ship to the USA and buyer expressly warrants to Spain City Sales that Buyer will not ship any products or supplies purchased from Spain City Sales to the USA. Spain City Sales reserves the right, in its sole discretion, to terminate your access to Spain City Sales products and services if Buyer is found to disregard these terms and Spain City Sales shall not be held liable for any legal conflicts or damages arising from the consequences of such neglect.
HOLD HARMLESS AGREEMENT
The customer hereby acknowledges the following: The chemicals and/or supplies purchased may have hazardous properties; and that he/she is legally entitled to receive these materials. In consideration for the sale of the offered chemicals and/or supplies to the undersigned, the buyer agrees as follows:
- Spain City Sales makes no warranties of any kind, express or implied, that the chemicals and/or supplies are merchantable or that they are fit for any particular purpose.
- In no event shall Spain City Sales , or Spain City Sales ’s heirs and assigns, be liable for consequential damages, nor shall Spain City Sales ’s liability on any claim for damages arising out of or connected with the sale, delivery, or use of the chemicals and/or supplies exceed the purchase price of the chemicals and/or supplies.
- The buyer will not use the chemicals and/or supplies in violation of any local, state, federal or national law.
- The original customer, successors and assigns, agrees to hold the OneQ Webshops B.V. harmless from and will indemnify OneQ Webshops B.V. from damages caused by the use of the chemicals and/or supplies.
- OneQ Webshops B.V. warrants that its products shall conform to the description of such products as provided to Buyer by OneQ Webshops B.V. through OneQ Webshops B.V.’s catalog, analytical data or other literature. OneQ Webshops B.V.’s warranties made in connection with this sale shall not be effective if OneQ Webshops B.V. has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by OneQ Webshops B.V..
- That the conditions above apply equally to all current, past, and future purchases.
This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
You agree to defend, indemnify, and hold harmless Spain City Sales, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of Spain City Sales services or your breach of the terms of these Terms and Conditions. In other words, you hereby acknowledge that any purchase shall be done at your own risk.
1. These General Terms and Conditions apply to any offer from Spain City Sales and to any Distance Contract concluded by Spain City Sales and the Consumer.
2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, Spain City Sales shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise without charge, before the Distance Contract is concluded.
3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
1. Obvious errors or mistakes in the offer are not binding for Spain City Sales.
2. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means,OneQ Webshops BV shall promptly confirm receipt of having accepted the offer via electronic means.
Right of withdrawal
1. The Consumer can repudiate a purchase contract for a product without giving reasons for a Reflection Period of 14 days.
2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party appointed by him received the last product.Spain City Sales may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party appointed by him received the last batch or the last part, or in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party appointed by him received the first product.
3. The Consumer can terminate an agreement for services or an agreement for delivery of Digital Content that is not delivered on a physical carrier without giving reasons during 14 dagen.
4. The Reflection Period referred to in Article 3 starts on the Day following the conclusion of the agreement.
Consumer’s obligations during the Reflection Period
1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1 of this Article.
Exercising the consumer’s right of withdrawal
1. If the Consumer exercises his right of withdrawal he shall notify Spain City Sales
unambiguously with the Standard Form for Withdrawal within the Reflection Period.
2. The Consumer shall return the product or deliver it to (the authorized representative of) Spain City Sales as soon as possible but within 14 Days. This need not be done if Spain City Sales offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Spain City Sales.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product.
6. If performance of the service has been started during the Reflection Period, the Consumer shall pay Spain City Sales an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.
Obligations of Spain City Sales in case of withdrawal
1. If Spain City Sales makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. Spain City Sales shall reimburse all payments made by the Consumer, including any delivery costs that Spain City Sales may charge for the returned product, as soon as possible but within 14 Days following the Day on which the Consumer notified him of the withdrawal. Unless Spain City Sales offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. Spain City Sales shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Spain City Sales need not reimburse the additional costs for the more expensive method.
Exclusion of the right of withdrawal
Spain City Sales can exclude the following from the right of withdrawal:
a. Perishable products or products with a limited durability.
b. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to paragraph 1 of this Article, Spain City Sales may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of Spain City Sales, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Spain City Sales has stipulated it and they are the result of legal regulations or stipulations, or the Consumer has the authority to cancel the contract before the Day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
Performance agreement and extra guarantee
1. Spain City Sales guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, Spain City Sales also guarantees that the product is suitable for other than normal use.
2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
3. An extra guarantee offered by Spain City Sales, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against Spain City Sales about a failure in the fulfilment of the obligations of Spain City Sales if Spain City Sales has failed in the fulfilment of his part of the agreement.
4. ‘Extra guarantee’ is taken to mean each obligation by Spain City Sales, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Delivery and execution agreement
1. Spain City Sales shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address which the Consumer has provided to Spain City Sales
3. The Consumer shall provide Spain City Sales with the correct delivery address and mail address. Any changes need to be reported immediately to Spain City Sales. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
4. Delivery takes place while supply lasts.
5. The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes upon delivery to the Consumer.
6. Spain City Sales shall execute accepted orders with convenient speed but at least within 3 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 3 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
7. After repudiation in conformity with paragraph 6 of this Article, Spain City Sales shall promptly return the payment made by the Consumer.
8. The risk of loss and/or damage to products will be borne by Spain City Sales until the time of delivery to the Consumer or a representative appointed in advance and made known to Spain City Sales, unless explicitly agreed otherwise.
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. In case of an agreement to provide a service, this period starts on the Day that the Consumer received the confirmation of the agreement.
2. The Consumer has the duty to inform Spain City Sales promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.
Accounts and registration
1. The Consumer can create an account or otherwise register on the Website. Spain City Sales reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
2. The login details are strictly personal and must not be disclosed to third parties. The Consumer is responsible for his login details, even if this is done without his knowledge.
3. The Consumer shall immediately alert Spain City Sales if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
4. The Consumer may not create or manage more than one account. Moreover, the Consumer shall not be allowed to register or manage an account (again) after Spain City Sales has denied the request of the Consumer to create an account or after cancellation of the registration.
Spain City Sales and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.
1. Spain City Sales shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with Spain City Sales.
3. The complaints submitted to Spain City Sales shall be replied within a period of 1 tot 3 days after the date of receipt. Should a complaint require a foreseeable longer time of handling, Spain City Sales shall respond within 1 tot 3 dagen with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Privacy and security
1. Spain City Sales respects the privacy of the Consumer. Spain City Sales treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the Personal Data Protection Act. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, Spain City Sales observes appropriate security measures.
2. For more information about privacy, reference is made to the Website of Spain City Sales.
1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
2. The administration of Spain City Sales serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
3. Spain City Sales is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.
4. In case and to the extent that any provisions of these General Terms and Conditions are
cancelled or declared invalid, Spain City Sales shall draw up a new provision to replace
the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.
These General Terms and Conditions, and any non-contractual obligations arising thereto, between Spain City Sales and the Consumer are governed exclusively by the laws of The Netherlands.