GENERAL CONTRACTING CONDITIONS FOR:
1.- IDENTIFICATION OF THE PARTIES.
On the one hand, “PENTA CENTRO DE ANÁLISIS CLÍNICOS, S.L.”, hereinafter PENTA, whose other identification data are included in the Legal Notice and owner of the domain PENTALABORATORIO.COM, hereinafter Website, and on the other hand, the User who contracts the products offered through the Website.
2.- ACCEPTANCE AND MODIFICATION.
The User declares that he/she has the legal capacity* to contract and accepts the full and unreserved adherence to the General Contracting Conditions, hereinafter GCC, in the version published at the time of contracting.
*LEGAL LIMITATIONS: Sale to minors under 18 years of age is prohibited. Minors are technically restricted from registering on this website and therefore may not make purchases, in compliance with legal regulations. Data sent by minors will not be processed, as this is prohibited by law.
The GBC may be unilaterally modified by PENTA without previous notice, however, the User will be bound to those in force at the time of making the reservation.
The possible particular conditions that may be applicable, or the modification of the present GBC, must be formalised by means of a separate document, which, in order to be effective, must be signed by both parties.
3.- OBLIGATIONS OF THE PARTIES.
3.1.- Obligations of PENTA:
To provide the services in accordance with the GCC and without breaching good contractual faith.
To make available to the User the GCC and the specific conditions where applicable.
To send the User proof or an invoice for the products contracted.
3.2.- User’s Obligations:
Fulfil its entirety the established in the GCC.
Complete the registration forms with accurate and current information. The User will be the only one responsible for the accuracy and updating existing information.
Keep the data provided protection immediately notify of the loss, mislaying, theft, robbery, illegitimate access as well as its knowledge to third parties.
4.- PRODUCT AVAILABILITY.
In the event that a product is not available on time, the User will be informed by e-mail of this and the new indicative delivery time. In the event that the product is finally unavailable, once you have been informed of this via e-mail, you may receive a product of similar characteristics or cancel the order.
The published fees include VAT (IVA). If there are shipping costs, they will appear at the time of purchase. The User will be able to know the amount of such costs at the time of contracting the product.
6.- PAYMENT METHODS.
- Payment by credit card (VISA or Mastercard).
7.- RISK AND PROPERTY TRANSFER.
The User acquires ownership of the products upon complete payment of all sums, including shipping costs.
The risk of loss or damage shall be transferred to the User when he/she or a third party, identified by him/her, other than the courier, has acquired the material possession. In the case that the User is the one who commissions the carrier or the carrier chosen is not amongst those suggested by PENTA, the risk shall be transferred to the User with the delivery of the goods to the carrier.
8.- SHIPPING AND RETURN POLICY
Delivery times are set at 1-3 calendar days for mainland Spain and 3-5 calendar days for all other territories. PENTA reserves the right to refuse returns due to a delay on the part of the logistics company.
The collection will be made within 1-2 days following the customer's notification. It will be picked up at the address specified by the customer.
In any case PENTA will deliver the products to the User within a maximum period of 30 calendar days from the conclusion of the contract.
Once the contract has been concluded, the User will receive an e-mail confirming the purchase and another one confirming delivery once the order has been delivered to the carrier.
Due to the nature of our tests and for hygienic reasons, we do not accept returns.
If you receive a defective product (you must notify us within 24 hours of receiving the order), please send us images clearly showing the defect, as well as images of the box so that we can verify it and provide you with a solution.
9.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS AND LEGAL GUARANTEE.
To exercise the rights to cancel, withdrawal and use of guarantee, the User shall contact PENTA, by phone 965 270 536, firstname.lastname@example.org, by WhatsApp or via our online shop.
9.2.- Right to Cancellation.
The User will be able to cancel their order, at no cost, so long as this is communicated before the order is in possession of the carrier.
9.3.- Right to Withdrawal.
The User shall provide a 14 calendar days period from delivery of goods to withdrawal from the contract without any justification and without any penalty.
The right to withdrawal shall be applicable provided that the contracted products are returned in the same conditions (along with their complete and original packaging, labels and any accessories related to the same), and attaching the purchase receipt. In any case, PENTA shall determine if these requirements have been met.
In the case of granting this right, the User shall assume the cost of returning the products, if it is not granted; the products will be shipped freight collect.
The right to withdrawal will not be applicable to those contracts which refer to goods specifically made by the User or those clearly personalised.
9.4.- Legal Guarantee.
The User has three years of guarantee from the delivery of the product. Not included in this guarantee are defects caused by negligence, impacts, improper use or handling by the User. Excepting evidence to the contrary, any lack of conformity becoming apparent within six months of delivery will be presumed to have existed at the time of delivery.
The legal guarantee includes the following rights for the User:
If the product does not meet contractual requirements, the User will be able to demand either reparation or product substitution, unless one of these two options results to be objectively impossible or disproportionate to the detriment of PENTA. All costs occasioned by the exercise of this right shall be free to the User.
The reduction of fees and the contract cancellation shall proceed, according to the User, when this one is not able to demand the reparation or substitution and in case where these were not carried out in a reasonable timeframe or without considerable inconvenience for the User. Cancellation shall not proceed when the lack of conformity is minor.
PENTA with address for notification provided in the Legal Notice. The email provided by the User during the registration process shall be used by PENTA as an address to service. All notifications made in accordance with the procedure indicated shall be considered to have been properly made.
11.- APPLICABLE JURISDICTION.
In case of litigation between the parties, territorial jurisdiction shall correspond, at the User's choice, the address of the User or the defendant.