General Terms and Conditions of Sale and Delivery of Orders of Products by Promega Biotech Ibérica S.L.

Purpose

These General Terms and Conditions of Sale and Delivery of Product Orders (hereinafter, the "Terms" or "General Terms") are intended to regulate the terms under which users of the website with URL https://portugal.promega.com (hereinafter, the "Site" or "Website"), owned and operated by Promega Biotech Ibérica S.L. (hereinafter, "Promega"), may place online orders for any of the Promega products listed in the catalog published on the Site.

Registration

A registered user of the Website is considered any natural or legal person who registers on the Site by completing the “Create an account” form (hereinafter, the "user").

The registered user shall be solely responsible for their registration. Only individuals 18 years of age or older and legally capable of acquiring or transferring goods or services may register.

The user is responsible for the authenticity and accuracy of the personal information provided in the registration form. Only one user account may be created per individual or legal entity.

Registration is carried out by completing the “Create an account” form. The user must provide all requested personal information. After submission, Promega will send a confirmation email to the address provided. Once registered, the user can place online orders using their login credentials (email and password).

Acceptance

These General Terms are available on the Website and can be reviewed before account creation. They are considered fully and expressly accepted by the user upon account creation.

Ordering Promega Products

Every order confirmed and accepted by Promega implies full acceptance of these Terms, which override any conflicting clauses in the user’s order. Acceptance of exceptional terms will require written approval by Promega.

Promega reserves the right to change, remove, or modify, without notice, the price and/or availability of any item in the catalog.

Product prices shown on the Site are indicative and not a binding offer.

Products will be invoiced at the price effective on the delivery date. Prices are in euros, excluding taxes.

No purchases are completed through this Website.

Ordering Process

  1. Product Selection: The user selects desired products from the catalog. Product details and images are available.
  2. Quantity: The user selects the quantity on the product page. Clicking "Add to cart" includes the product in the user’s shopping cart.
  3. Cart: Displays selected products, names, catalog numbers, unit prices, and totals. Items can be removed.
  4. User Details: By clicking "Confirm" in the cart, registered users proceed with their credentials. Unregistered users must create an account.
  5. Order Confirmation: After product selection and user identification, the user must provide/select a shipping and billing address and a payment method including a purchase order number. Promega will confirm the order via email, listing product information, catalog number, quantity, requested and scheduled shipping dates, status, billing, and shipping addresses. First-time orders will also trigger a request for the company’s VAT number.
  6. Shipping: Orders are processed upon receipt, and products are delivered within 7 days unless out of stock.
  7. Shipping Costs: From 01/01/2023, shipping is free for orders over €350 (excluding taxes). For orders below this amount, a €60 shipping fee applies. No additional charges will be applied for dry ice.
  8. Warranties and Use Conditions: Promega guarantees that shipped products meet the specifications in their product sheets and manuals and will replace non-compliant items free of charge.
    • Promega offers no explicit or implied guarantees for specific applications not included in the documentation. Advice from Promega staff is indicative and not binding.
    • Promega declines responsibility for and will not replace products that are mishandled, stored improperly, or not used according to Promega protocols.
    • Products are for research use only and must not be used for therapeutic purposes.
    • Re-export of products without Promega’s written consent is prohibited.
  9. Claims and Returns: Contact Promega’s Customer Service for return instructions. No returns are accepted without prior written authorization. Products must be returned in original, sealed, undamaged packaging.
    • Authorized returns due to user error will incur a fee of 15% of the product’s value (minimum €60) for administrative handling.
    • No claims on product performance will be accepted after 15 calendar days from receipt.
  10. Payment and Retention of Title: Payment terms are 30 days from the invoice date unless otherwise agreed.
    • Late payments will incur interest unless agreed otherwise.

User Obligations

The user is responsible for safeguarding their login credentials, reporting any loss, theft, or disclosure, complying with these Terms, and providing accurate information.

In accordance with Law 11/1997 on Packaging Waste, the end user is responsible for proper waste management.

Promega's Rights

Promega reserves the right to deactivate or cancel user credentials at its discretion, particularly in cases of false information, shared login credentials, fraudulent or unlawful account use, or breaches of these Terms. Promega may take legal action for any damages caused.

Data Protection Information

  • Controller: Promega, Avda. Bruselas 5, 2nd Floor, 28108 Alcobendas, Madrid. Phone: +34-91.662.11.26. Email: privacyteam@promega.com.
  • Data Protection Officer Contact: privacyteam@promega.com.
  • Processing Necessity: Personal data is required to process online orders. Without it, orders cannot be completed.
  • Legal Basis and Purpose: Data is processed based on contract execution and legal compliance for account and order management.
  • Recipients: Data may be shared with the Tax Agency, banks, and delivery suppliers, or with data processors under confidentiality and security agreements.
  • International Transfers: Data may be transferred to Promega Corporation under a contract with standard contractual clauses authorized by the Spanish Data Protection Agency.
  • Retention: Data will be kept during the contractual relationship and for legal obligations.
  • Rights: Users may exercise their rights of access, rectification, deletion, opposition, limitation, portability, and withdrawal of consent by contacting Promega in writing or via email with identification. Complaints can be submitted to the Spanish Data Protection Agency (www.agpd.es). Users may also contact Promega’s Data Protection Officer.

Duration

Failure to comply with these Terms may result in user deactivation.

Contact

For any queries regarding these Terms:

Governing Law

These Terms are governed by Spanish law.

Jurisdiction

If the user is acting as a business, they waive any other jurisdiction and submit to the Courts of Madrid, Spain.

If the user is a consumer under Spanish law, jurisdiction lies with the courts of the user’s residence.

Consumers may also access the European Commission's Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/.

Updates

If these Terms are updated, the new version will be considered accepted similarly to the original. Users are advised to check for updates regularly.