Bioax.es Terms and Conditions of Use

General terms and conditions

This page describes the terms of sale of parapharmacy products, with registered office Travessera de Dalt 18, Bajos 2, 08024, Barcelona and VAT number B01637446.

1. Contract and information on the ordering procedure

1.1 Parties to this contract: These terms of sale are an agreement between you, the customer, and bioax.es, with registered office Travessera de Dalt 18, Bajos 2, 08024, Barcelona, Spain. Whose ownership is held by Bioax Corp S.L. (bioax.es), with CIF B01637446, belonging to the Colegio de Farmacéuticos de Barcelona (Barcelona College of Pharmacists).

1.2 Application of these terms: By placing an order with us you consent to be bound by these terms of sale and our returns policy.

1.3 Your offer: When you click the "Buy" button, you are making an offer to purchase the products sold by bioax.es. By clicking the "Buy" button you explicitly acknowledge that, if accepted by us, you will be obliged to pay for those products.

1.4 Copy of these Terms of Sale: We keep a copy of the concluded contract and send you an email in turn so that you are aware of the order placed, we recommend that you print them out for your records.

1.5 Your statutory rights: As a consumer, you have statutory rights in respect of defective or misdescribed goods, or your right to cancel the contract.

1.6 Updates to these terms of sale: These terms of sale were last updated on 29.10.2014. We reserve the right to modify these terms of sale at any time (we will post them on the Website). Any amendments to these terms of sale made after you have submitted your order will not apply to that order.

1.7 Gift Item Promotions. Only one gift item will be sent per order placed, in the event of a return of the charged product, the purchaser will also be required to return the gifted product. The company may cancel an order (with a corresponding credit note) when gift items are misused or more than one gift item is ordered per order.

2. Price and purchase

2.1. Prices and who you pay: We will receive and process payment for your order. All prices (including delivery charges) of products are inclusive of applicable VAT. Prices are shown to you before you make your purchase and when you confirm your order. Our prices may change at any time, but these changes will not affect your order, except in the circumstances described in clauses 2.4 and 2.5.

2.2. Delivery charges: Prices may or may not include delivery charges. Any such charges will be set out in the "Conditions" section of the agreement. If shipping costs are not included in the purchase price, such costs will be shown separately and will be added to the total amount due before you confirm your order.

2.3. Placing your order: After placing an order by pressing the "Buy" button and accepting these Terms of Sale, the contract will be deemed concluded once you receive an email confirming our acceptance of your order. However, we reserve the right to reject your offer and not to conclude a contract with you. If we accept your order, you will receive another email confirming the delivery of the goods. Please note that if we have a reasonable suspicion that your order is fraudulent or that you have otherwise violated applicable law in placing the order, even if we have accepted your order, we reserve the right to cancel it.

2.4. Errors and omissions: Occasionally there may be errors or omissions relating to the price or description of the products we sell. We will use reasonable efforts to correct any errors or omissions as soon as reasonably practicable after they are brought to our attention or we discover them. We reserve the right to change, modify, substitute, suspend or remove without notice any information relating to the products for sale (including the products themselves).

2.5. Errors and omissions after purchase: Where we have made an error or omission and you have already purchased the products:

if the actual price of the products is lower than the price stated at the time you purchased the products, we will apply the lower price; or
if the price of the goods is higher than the price displayed, we will contact you and give you a choice between paying the correct (higher) price or cancelling your order and receiving a full refund.

3. Delivery of the products

3.1. Modifying your order: Once you have confirmed your order we will not be able to make any changes to it, including the quantity of products you ordered or the delivery address. This clause does not affect your statutory rights to exercise the right of withdrawal or any right of return you may have in respect of this particular purchase.

3.2. Shipping: The shipping options of bioax.co.uk vary according to the offer. Your purchase cannot be shipped outside of Spain. Unless otherwise specified, we do not ship to the Canary Islands, Ceuta and Melilla.

3.3. Shipping date estimates: Shipping date estimates are set out in the terms and conditions. We will use our best endeavours to meet the advertised despatch date. Please note that unless otherwise stated, shipping date estimates are estimates only. They are not guaranteed shipment dates and should not be relied upon as such.

3.4. Title: Title to the goods passes to you (i.e. the goods become your property) when the goods are delivered to the delivery address you provided to us.

4. Withdrawal

4.1. Your right of withdrawal: Nothing in these Terms of Sale affects your statutory rights to withdraw from your orders within 14 calendar days of receipt of the product, either by you directly or by a third party authorised by you. If you have ordered several products in a single order, or the shipment of your products consists of several pieces, the withdrawal period will not begin until you receive the last item or piece.

4.2. If you wish to withdraw from your order you have the following options to do so:

Fill in and return our standard withdrawal form available in the confirmation email we send you.
Contact us via (WEB)
By post addressed to the address set out in clause 1.
By notice delivered by hand.

4.3. You must take reasonable care to ensure that the goods are properly packaged so that they are not damaged in transit. You are responsible for the cost of returning the goods. We recommend that you use a recorded delivery service to return the products.

4.4. The following products are excluded from the right of withdrawal:

Perishable goods.
Products manufactured according to the specifications given by you.
Any other products which by reason of their nature cannot be returned, including those which have been damaged in transit.

4.5. Return of products: Please remember that if you exercise your right to withdraw from your order, you must return the products to us within 14 calendar days from the communication of the withdrawal.

4.6. If we cancel: We may have to cancel an order before the products are dispatched due to a cause beyond our control, including equipment breakdown or transport difficulties. We will contact you immediately if this happens.

5. Returns and refunds

5.1. Our Returns Policy: Every product we sell is backed by our Returns Policy. In addition to your right to withdraw from the purchase of the products within 14 calendar days of receipt by you or a third party authorised by you, you also have all statutory rights applicable to the return of new or refurbished products, including where the products supplied are incorrect or faulty.

5.2. Title to returned goods: We only take title to returned goods once they have arrived at our returns address. We reserve the right to issue a refund without requiring a return. In this case we do not take title to the returned products.

5.3. Problems with your returned goods: We reserve the right to refuse to issue you with a refund and to pass on the cost of returning the goods to you if the goods have been damaged after they were delivered to you, if the goods have been used incorrectly or in a manner inconsistent with the instructions or for inspection, or if the problem with the goods is due to normal wear and tear. Clause 5.2 does not limit or affect your right to withdraw from your contract and to return the goods under clause 4, or your rights where the goods supplied are incorrect or faulty.

6. Product information

6.1. We are not the manufacturer: We are not the manufacturer of the products we sell. Although we work to ensure that the products correspond to the description we have provided and are of satisfactory quality and suitable for your use, the product information may differ slightly from the actual product. We strongly recommend that you read all information on labels, warnings and directions accompanying the product before use. Warranties given by us, the manufacturer or the importer do not affect any statutory rights or claims that may be applicable under this contract.

6.2. Accuracy of descriptions: We have taken reasonable steps to provide as accurately as possible the colours and other details of the products. However, the colours and details you see in the advertisement will depend on the equipment you use to view the products. We cannot guarantee that the image of any colour or detail on your television, mobile device, computer monitor or other device will accurately reflect the colour or detail of the products on delivery.

6.3. Health and Safety Products: In the case of health products, if you have any concerns about your safety or any other information about the product, we recommend that you carefully read the information provided with the product or contact the manufacturer. The content of the website is not intended as a substitute for the advice of any medical practitioner, pharmacist or other licensed health care professional. Customers should contact their health service immediately if they suspect they have a medical problem. We assume no responsibility for inaccuracies or misrepresentations made by manufacturers or third parties about products.

7. Responsibility

7.1. The standards we work to: We always try to do our best in our work and we assure you that:

We will apply reasonable care and skill in fulfilling any obligations under these Terms of Sale.
We are authorised to sell products.
We only sell products for your domestic and private use.
The products are of satisfactory quality and fit for purpose, and
We will not act contrary to the requirements of professional diligence in our work.

7.2. This clause 7 takes precedence over all other clauses (except clause 1.4) and sets out our entire liability.

7.3. What we are liable for: Nothing in these Terms of Sale shall exclude or limit our liability for (i) fraud; (ii) gross misconduct by us, excluding gross misconduct not engaged in by us; or (iii) any liability which cannot be excluded or limited by applicable law. You are obliged to take appropriate steps to warn of and mitigate damages.

7.4. Categories of damage for which we are not liable: Notwithstanding the provisions of clause 7.3, as we only sell products for your domestic and private use, in principle we are not liable for:

loss of income or revenue;
actual or anticipated loss of profits;
loss of business; and
indirect or consequential loss (and for the avoidance of doubt, we understand the words "consequential loss" to mean "loss arising from consequences, whether foreseeable, known, foreseen or otherwise").

7.5. "Liability" means liability for any cause of action or cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other possible cause of action) relating to, arising out of or in connection with these Terms of Sale (including liability expressly provided for in these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).

8. Generalities

8.1. Interpretation: In these Terms of Sale

Words denoting persons include natural persons, partnerships, limited liability companies, corporations and associations of unincorporated persons;

General" at the beginning of this clause) and clause headings (such as "Interpretation:" at the beginning of this clause 8) appear merely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and

references to "includes" and "including" are to be construed as "includes without limit" and "including without limit" respectively.

8.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us, and neither party shall have any right or authority to incur any liability, debt or expense or to enter into any contract or other agreement in the name of or on behalf of the other.

8.3. Assignment: You may not assign or delegate or otherwise transfer any of your rights or obligations under these Terms of Sale without our prior approval. We will not refuse such approval without good reason. We may exercise the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

8.4. Exceptional circumstances beyond our reasonable control: We are not liable for any failure to perform our obligations arising under this agreement where the cause that has prevented us from performing our obligations is beyond our reasonable control. If an exceptional circumstance beyond our reasonable control has occurred and has affected our ability to perform our obligations under these Terms of Sale, our obligations will continue for the duration of the exceptional circumstance, and we will notify you as soon as reasonably practicable. Once the exceptional circumstance has ended we will agree with you a new delivery date for your products, if possible.

8.5. Our reliance: We aim to rely only on the terms written in these Terms of Sale in respect of the sale of products to you, and not on any representations made elsewhere.

8.6. Waiver of waiver: No waiver by us of any breach by you under these Terms of Sale may be used or construed as a waiver by us of any future breaches, whether of the same or a different kind. No delay on our part in taking action for a breach by you shall release, discharge or otherwise affect your liability under these Terms of Sale.

8.7. Notices: Except as otherwise provided in these Terms of Sale, notices to be given to either party shall be in writing and delivered by hand, by email (unless you send us notice in legal proceedings) or by post, in your case to the address you provide to us, and in our case to our registered office.

8.8. Exclusion of third party rights: All provisions of these Terms of Sale apply equally to and inure to the benefit of bioax.co.uk, its affiliated companies, any group companies, its (or their) associates and its (or their) third party(ies) providing content or licences to them and each shall be entitled to exercise and enforce such provisions directly or at its own expense (except that these Terms of Sale may be modified or terminated without the consent of such parties). Subject to the preceding sentence, none of these Terms of Sale may be exercised in any other way by any person who is not a party to them.

8.9. Survival: In any event, the provisions of clauses 1, 2, 4, 7 and 8 of these Terms of Sale, together with those provisions which either expressly state that they are to survive expiry or termination, or which by their nature or context are intended to survive such termination, shall survive termination of the Agreement.

8.10. Severability: If any provision of this agreement is held to be illegal, invalid or unenforceable, such provision may be severed from these Terms of Sale without affecting the remainder. If possible, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.

8.11. Applicable law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relations between you and us) shall be construed in accordance with Spanish law and both parties hereby submit to the exclusive jurisdiction of the competent Spanish courts. The parties also agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this transaction.

9. Customer service

Contact information