CHMLAB GROUP 2005 SL
Calle de Finisterre 11A de Terrassa, 08223, Barcelona
BARCELONA Commercial Register, volume 10239, folio 156, page 141775 and registration number 8.
The purpose of these general conditions (hereinafter, the "General Conditions"), together, where appropriate, with the specific conditions that may be established (hereinafter, the "Specific Conditions"), is to expressly regulate the conditions applicable to the contracting processes carried out by users (the "Client") of products and/or services offered by CHMLAB GROUP 2005 SL through its website. https://www.chmlab.com.
These General Conditions shall remain in force and shall be valid for as long as they are accessible through the Website, without prejudice to the fact that CHMLAB GROUP 2005 SL reserves the right to modify, without prior notice, both the General Conditions and, where appropriate, the Specific Conditions, as well as any of the legal texts that are displayed on the Website. In any case, access to the Website after its modification, inclusion and/or replacement, implies the acceptance of the same by the user.
The Client is subject to the General Conditions in force at each of the moments of the corresponding contracting, it not being possible to contract any product and/or service without the prior acceptance of these General Conditions and, where appropriate, the particular conditions that regulate the provision of certain services. The temporary validity of the Conditions coincides with the time they are displayed, until such time as they are totally or partially modified. The new Conditions shall be applicable from the moment they are made available to the Client, and are thus fully accessible.
All purchases of Products purchased through the Website, after identification and authentication through the user name and password provided, shall be considered validly made by the Customer, and shall be binding. Consequently, the Customer shall be solely responsible for any purchases of Products through the Website by any third party who makes use of his or her user name and password. The placing of orders from the Website by a minor who falsifies the registration information shall be understood to be carried out under the supervision and authorisation of their parents, guardians or legal representatives.
In the event of contradiction between the terms and conditions set out in these General Terms and Conditions and the Special Conditions, the conditions agreed in the latter instrument shall always prevail with respect to those terms that are incompatible, and only with respect to those Products subject to such specific conditions.
The electronic contracting process through the Website will be carried out between the "Client" and CHMLAB GROUP 2005 SL, understood as the "Point of Sale" chosen by the Client during the contracting process.
Those consumers who are natural persons of legal age (over 18 years of age) or, where appropriate, legal persons who properly prove their status and accept these General Terms and Conditions and the Specific Terms and Conditions which, where applicable, are applicable, shall be considered as "Clients" of the Website. The purchase of Products through the Website by minors, users who are not legally resident in the EU or by users who do not meet the requirements set out in these General Terms and Conditions or, where applicable, in the Specific Terms and Conditions, is expressly prohibited.
Access to and consultation of the catalogue of products and/or services published on the Website is free of charge, and users are not required to register.
Likewise, in order to begin the process of contracting the products and/or services displayed on the Website, it is essential that users register as users, following the instructions set out below.
User registration requirements
The registered user assumes that his/her user account is personal and non-transferable, and both natural persons and legal entities may register on the Website.
All registered users will have an access password, which will in any case be personal, non-transferable, will be valid for a limited period of time and must meet minimum length and security requirements. The user may modify or recover this password at any time, following the procedure set out on the Website. Under no circumstances will CHMLAB GROUP 2005 SL know this password, which will remain encrypted in CHMLAB GROUP 2005 SL´s systems.
By virtue of the above, it is the user´s obligation to immediately notify CHMLAB GROUP 2005 SL of any event that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are communicated, the provider shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorised third parties.
Unsubscribe as a registered user
The legal relationship deriving from registration as a Client of the Website has an indefinite duration. Either of the parties may unilaterally terminate or suspend this contractual relationship at any time and for no other reason than their will to do so, without prejudice to the obligations arising from the formalisation of orders prior to the termination of the relationship. The Customer may unilaterally exercise the right of termination by means of the account cancellation process.
In any case, once the user has been deregistered, he/she may request a new registration, without prejudice to the Provider´s right not to accept said registration in the event of a dispute or controversy between the parties, which has yet to be resolved or which has ended with acknowledgement of fault or negligence by the user and/or damage to the Provider, its collaborators and associates or its users, clients or potential clients.
Likewise, CHMLAB GROUP 2005 SL reserves the right to cancel the user name and password, and therefore the access to the Website, of those users who maintain debit or unpaid balances.
Product information and availability
All information relating to the products and/or services offered by CHMLAB GROUP 2005 SL for its Online Channel will be published on the Website and the following information will be provided for each of them:
Phases of the electronic contracting procedure
Once the user has selected the products and/or services offered by CHMLAB GROUP 2005 SL, the user must follow the phases of the contracting process indicated below:
Phase 1. – Validation of Shopping Basket: the User, once they have finished selecting the products and/or services they wish to purchase, must validate their shopping basket, which will show the products and/or services selected, the number of units, the price of the same, the delivery period and the delivery costs.
Todos los pedidos y compras realizadas a través del Sitio Web están sujetos a la efectiva disponibilidad de stock de los Productos en el momento en el que se prepare la expedición del mismo para su envío.
Phase 2. – Provide Billing and Shipping Data: Once the User has validated his/her shopping basket, he/she must provide the billing and shipping details of the products and/or services, and must expressly accept, by ticking the corresponding box, the present Contracting Conditions. If you do not tick the acceptance box, the Website will not allow you to continue with the contracting process.
Phase 3. – Select the Payment Method: Once the User has provided the billing and, if applicable, shipping details, he/she must select the payment method he/she wishes to use. Currently, there are the following payment methods: Card, PayPal.
Phase 4. – Payment of the total financial amount: the User, in the event that he/she has opted for either of the two means of cash payment (PayPal or credit card) will be automatically redirected by the system to the online payment platforms (TPV) of the corresponding banking institutions.
Phase 5. – Confirmation of Purchase: CHMLAB GROUP 2005 SL, will send the Client, within a maximum period of 24 hours from the moment of the effective payment of the purchase by the Client, an e-mail containing a summary with all the characteristics of the purchase made.
Likewise, by accepting these general contracting conditions, the client accepts to receive invoices derived from the contracting of goods and/or services in electronic format.
All products and/or services offered on the Website have the final price of the product associated with them, as well as, where applicable, any discounts that may be applicable to said purchase.
The prices shown on the Website apply exclusively to the Products offered through the Website and for as long as they remain published.
The prices of the Products are always shown in euros and do not include VAT, as well as any other applicable tax, being those in force and legally applicable at that time. Similarly, all prices shown do not include any applicable shipping costs.
In the event that CHMLAB GROUP 2005 SL identifies a manifest error in the price of any of the Products published, they will inform the Client immediately, as well as publishing the corresponding rectification of the same on the Website and in the usual means of communication, with the Client having the option of reconfirming, through the "My Account" section, their order at the correct price or, failing that, cancelling it.
CHMLAB GROUP 2005 SL expressly reserves the right to modify prices at any time, without prior notice. However, in any case, the rates in force indicated on the Website at the time the corresponding order is placed shall apply.
Methods of payment
In order to proceed with the payment, the Customer must follow each and every one of the instructions shown in phase 3 of the electronic contracting process described above.
All means of payment provided by CHMLAB GROUP 2005 SL, are subject to checks and authorisations by the issuing entities of the means of payment (card issuers and/or payment account issuers), but if said entity does not authorise the payment, the purchase procedure initiated cannot be continued, the order being automatically cancelled, and the sale of the Product or Products requested being understood as not having been carried out.
The charge of the price of the Products, the costs of the delivery service, if applicable, as well as any applicable taxes, shall only be made at the time of placing the order.
In order to carry out electronic payments, CHMLAB GROUP 2005 SL has installed an e-commerce payment gateway provided by banks authorised to do so. All data provided to CHMLAB GROUP 2005 SL for this purpose are duly encrypted to guarantee maximum security and confidentiality, and are stored on a secure server certified according to the "Secure Socket Layer" (SSL) protocol.
ECHMLAB GROUP 2005 SL will never store the card details provided by Customers through the payment gateway, and they will only be kept while the purchase is being made, the payment is being made and until the withdrawal period has elapsed, in order to be able to return the corresponding economic amounts.
Similarly, the user can pay quickly and securely with their PayPal account, without sharing financial information with CHMLAB GROUP 2005 SL. In the event of selecting this payment method, the Client will be redirected to the secure PayPal page, where he/she must enter his/her credentials and accept the payment. Once the payment has been confirmed, the Client will be returned to the CHMLAB GROUP 2005 SL confirmation page, where he/she will be able to confirm the status of the purchase.
Products purchased through the CHMLAB GROUP 2005 SL website will be sent to the postal address indicated on the order form, which may not correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar places.
Home deliveries are made to destinations all over the world.
In the event of a request for home delivery of the order, delivery will generally be made within a variable period depending on the quantity and type of product from confirmation of the order, to the postal address given in the order details, except in cases of force majeure.
The User has the recognised right of withdrawal of the purchase made through the Website, and therefore, if not satisfied, may return the Product within a maximum period of thirty (30) calendar days from the date of acquiring possession of the product/s or from the formalisation of the contract in the case of the contracting of services.
The right of withdrawal may be exercised through the following channels:
The refund will include the purchase price and, if applicable, the delivery costs. The refund will be made using the same means of payment with which the Product was purchased, minus the return costs, which will be borne by the customer.
The Customer shall return the products subject to withdrawal without undue delay and in any event not later than 14 calendar days from the date on which the withdrawal decision is communicated.
The refund of the amount corresponding to the withdrawal will be made within 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received, otherwise, the payment may be withheld until the receipt of said goods or until the Customer accredits the return of the goods.
The right of withdrawal is excluded:
The Customer shall be liable for any diminished value of the Goods resulting from any handling of the Goods other than that necessary to establish their nature, characteristics or functioning. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products are returned in their original packaging together with the invoice, in the event that they are returned without such original packaging or with damage, the amount to be paid to the Client for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
When the Product or Products purchased present a lack of conformity because they do not correspond to the characteristics offered, present defects that prevent their normal use in accordance with their nature, or do not offer the services described for the same, the Customer shall have the right to the repair of the purchased good within a period of three years from the purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defence of Consumers and Users, without prejudice to the powers of the Point of Sale to verify the veracity of the defects, their origin and the time of their appearance.
In any case, the Customer must request collection within a maximum period of two months from the discovery of the defect, and must inform of the nature of the problem, the time and conditions of its appearance.
Likewise, the Client has the right to the repair of the goods in accordance with the rules of article 118 and following of the Revised Text of the General Law for the Defence of Consumers and Users. In any case, the regulations on the guarantee of the sale of consumer goods established by the applicable legislation will be applied. If the product is defective, CHMLAB GROUP 2005 SL shall be responsible for the replacement of the product, whenever possible, at no cost to the Client. If, for reasons of availability, it is not possible to replace the product, the purchase will be refunded in full.
CHMLAB GROUP 2005 SL cannot guarantee the technical continuity of the Website, the absence of faults or interruptions in the service or that the Website will be available or accessible one hundred percent of the time. Neither can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is supplied.
All information provided during the contracting process will be stored by CHMLAB GROUP 2005 SL, in its capacity as responsible and manager of the Website.
The data collected will be made available to the transport and logistics company responsible for delivering the item purchased through the website, as well as to any other operator involved in the purchase, financing and/or delivery process, for the purpose of fulfilling the contract or contracts with the customer and the relationships arising therefrom. In any case, before communicating the Customer´s personal data to any third party, the Customer must first expressly accept it.
The buyer is informed that the personal data provided will be incorporated into a file owned by CHMLAB GROUP 2005 SL, being necessary to process their data for the management of the contractual relationship and the provision of services. For the above purposes, the purchaser guarantees that the data provided are true, and is expressly responsible for any possible consequences that may arise from the falsity of said information.
In order to keep their personal data up to date, the purchaser must inform CHMLAB GROUP 2005 SL of any changes that may occur with respect to them, otherwise CHMLAB GROUP 2005 SL will not be able to guarantee their veracity. The buyer is informed that he/she may exercise, free of charge and whenever he/she deems it appropriate, the rights of access, rectification, suppression, limitation in the processing, opposition or portability with respect to the personal data provided, as well as withdraw, at any time, the previously granted consents, by communicating this in writing and together with a copy of a reliable document accrediting identity, to the postal address calle de Finisterre 11A, Terrassa, 08223 Barcelona, or by e-mail to firstname.lastname@example.org.