WEBSITE TERMS AND CONDITIONS
These terms and conditions govern the users (“you” or “your”) use of the website ukstore.melcalin.com (“the Website”) and your relationship with BioTekna Srl (trading as BioTekna) a company registered in Italy whose registered office is at via Pialoi, 39/4, 30020 Marcon (Venezia), Italy (“we”, “our” or “us”). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
The material in the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You are welcome to view, print and download the contents of the Website for personal use, but not for any commercial purposes or re-publication.
Access to and use of this Website and to the purchase of the products available through this Website are subject to the following terms and conditions. By using the Website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
- disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. Website Information
- We have tried to ensure that information provided on the Website is accurate. However, we make no representation and give no warranty of any kind in respect of the information.
- We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained in the Website or in respect of any error or omission, except in relation to death or personal injury caused by our negligence.
By using this Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years of age;
- the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
6. Protecting Your Security
When you create an account on the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
8. Description of Products
a) The description and specification of products in the Website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
b) We may correct any error appearing on the Website or withdraw any product from sale without incurring liability. Price and availability are also subject to change without notice.
9. Ordering Products
- You may order products from the Website by submitting a completed order form through the check-out procedure.
- To place an order for products on this Website, you can simply add the products you wish to your shopping bag and check out using your Log in details or as a guest customer.
- If you already have an Account, sign in using your existing Log in details and password. If you do not have an account, you may place your order as a guest or you can create an account anytime during checkout.
- Any orders placed by you will be treated as an offer to purchase the goods from us and we have the right to reject such offers at any time. After placing your order, you will receive an Order Acknowledgement email. This contains details of the products you have ordered, the total cost of the order (including delivery) and an order number. It also constitutes the VAT receipt for your product(s).
- Acceptance of your order will take place when we dispatch the product(s) to you. Until we dispatch the product(s), no contract will have been formed between us.
- All orders are subject to acceptance and availability:
- there may occasionally be an error and items may be mispriced. If we discover an error in our pricing, we will inform you as soon as possible and you will then be given the option of cancelling or re-confirming your order at the correct price We are under no obligation to supply goods at the incorrect price. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
- although we hope to be able to supply all products ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time. If we refuse your order, we will let you know as soon as reasonably possible.
10. The Price and Payment
- The price of the products will be the price quoted on the Website at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.
- In addition to the price, you will have to pay our delivery charges as quoted on the Website at the time we accept your order – unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order.
- Payment is made by debit or credit card or PayPal at the time we accept your order. Refunds will generally be made by means of a credit to your original payment method. You confirm that the credit, debit card or PayPal account that is being used is yours. All online payments are taken using secure payment gateways and your details are never seen by us and handled solely by a secure third party. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
- Promotional Code:
- From time to time, we may offer promotional codes which may apply to any, or certain specified purchases made through the Website.
- A promotional code can’t be applied to an order after that order has been placed.
- If the promotional code has expired, you won’t be able to use it.
- Promotional codes cannot be exchanged for cash under no circumstances whatsoever.
- Type or copy and paste the code into the “Promotional code” box. Once you’ve entered the code, click on “Apply”: you’ll see the promo value and the total of your order will be updated to reflect the code.
11. Delivery of Products
- We will arrange for delivery of the products you order by the method and to the address which you specify in the check-out procedure. However, the time for delivery will not be essential to the contract between us.
- If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
- If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
- Cancelling Orders
- You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and give the reason for cancellation.
- If you cancel your order after we have dispatched the products, then you must return the products to us at the address mentioned above. The products should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.
- You can no longer cancel your order once you have opened the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected.
- You will not have any right to cancel a purchase for the supply of a product made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
13. Limitation of Liability
Supply of Goods
(a) Subject to clause 14(b), if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(iv) defective products under the Consumer Protection Act 1987; or
(v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
(vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. Use of Website
The Website is provided on an “as-is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Italy and any disputes will be decided only by the Italian courts.