Terms and Conditions

These Terms and Conditions of Sale (“ToS”) apply to all purchases made and all services offered on https://www.medalab.com and all relevant subdomains (“Website”). Please read the ToS carefully so that You (“Buyer”) are aware of Buyer’s rights and obligations.

The products offered on the Website are sold by Distribuciones Samvete S.L., with registered office in Madrid, C/ Princesa 31 2º-3.

Contact e-mail: info@medalab.com

The legal terms, privacy policy, platform specification, notices, advertisements, operating rules, help documents and other binding documents available to the Buyer on the Website shall be supplemental agreements to these ToS with the same legal force. If the Buyer uses the services of this Website, it shall be deemed to be an implied acceptance by the Buyer of the above supplemental agreements.

These ToS apply to any purchase made by Buyer on or after December 09, 2019 and may be revised at any time by Seller. For any purchase made prior to December 09, 2019, the ToS published at the time of purchase by Buyer shall apply to that particular purchase.

1. Definitions

Contract or Agreement: the contract governed by these ToS resulting from an offer by Seller to sell Products to Buyer and Buyer’s acceptance of Seller’s offer. The Contract shall be concluded at the Seller’s place.

Buyer: You, the Buyer, a natural person, non-professional or professional consumer. If the Buyer is not of legal age to form a binding contract with the Seller, the Buyer may use the services only with the involvement of a parent or guardian. Furthermore, in this case the Seller reserves the right to refuse service, terminate accounts, terminate the rights of the *Buyer to use the services, remove or edit content or cancel orders at its sole discretion.

Products: the Products and/or Services offered for sale by the Seller on the Website.

2. Applicability

These ToS apply to all offers, contracts and deliveries of the Seller on the Website, unless expressly agreed otherwise.

3. Pricing

3.1. The Seller’s sales prices are quoted in the currency shown on the Website and include all duties, taxes and other mandatory or statutory charges that apply to the Seller’s sales, including VAT (if applicable) within the territory of the European Union. In the case of areas of the European Union with a specific tax regime or countries outside the European Union, prices do not include possible taxes or duties that would be applied for the importation of products.

3.2. All prices and information on the Web Site are intended to be accurate and complete; however, pricing and other errors may occur in certain situations. Buyer shall not be entitled to rely on a price that is obviously or materially lower than the prevailing retail price for that Product. In the event that Seller’s published price for a Product is obviously or materially lower than the prevailing retail price due to Seller’s pricing error, Seller is under no obligation to sell at that price and shall have the right to cancel the Contract with Buyer prior to shipment and delivery.

Accordingly, if Seller has offered a Product or Service at a price that is materially or obviously higher than the prevailing retail price for that Product due to a pricing error and has accepted Buyer’s order at that price, Seller shall allow Buyer to cancel the Contract and/or reimburse Buyer for the difference between the higher price and the actual price.

3.3. Any charges or fees added to the price of the Product will be visible to the Buyer during the ordering process and before the Buyer places the binding order.

3.4. The shipping costs of the Products are specified on the shipping costs page of the Website and/or are specified in the order process.

3.5. Payment shall be made and may only be made by credit or debit card or any other payment method offered on the Website. Payment is charged in the currency shown and Seller is not responsible for any currency or exchange rate discrepancies. Any refund to the Buyer will be made to the method of payment used when placing the binding order in the currency initially displayed on the Website.

4. The contract

4.1. Contracts will only be concluded through the web page.

4.2. When the Buyer has placed an order on the Web Site, the Seller will send the order information by e-mail. Until receipt of such e-mail sent by the Seller, the Buyer has the right to cancel the order and terminate the Contract, without prejudice to the right of withdrawal described in the following paragraphs.

4.3. The order information data created by the system is automatically generated by the computer information system in accordance with the contents filled in by the Buyer. A contractual relationship shall be deemed to be established (unless 3.2 applies) between Buyer and Seller only after receipt of an e-mail confirmation sent by Seller to Buyer with respect to the Products that will actually be shipped directly to Buyer. Only those confirmed Products, which are confirmed by Seller’s e-mail will become part of the Contract and will be delivered to the Buyer.

4.4. Each Contract must be paid prior to delivery. Products will only be shipped after verification of payment by the Seller. The advance payment required by Buyer for the purchase of the Products in a timely, complete and legal manner is part of the Contract offer.

4.5. Buyer is solely responsible for payment of any fees charged by its bank, card company or other provider of the payment option selected by Buyer. Buyer understands and agrees that Seller implements the first payment method prior to delivery. The required payment paid by Buyer for the purchase of Products in a timely, complete and legal manner is part of the Contract offer that Buyer submits to Seller, and is also the premise that Seller will deliver the Products to Buyer. If Buyer does not complete payment within 10 days of order creation, Seller shall have the right to cancel the order.

5. Fulfillment of the contract

5.1. Buyer’s order and Contract will be processed and executed when Seller has received full payment from Buyer.

5.2. Seller shall use its best efforts to meet Buyer’s demands, avoiding that the Products purchased by Buyer are out of stock. Due to technical obstacles and various factors that are difficult to control and avoid, Seller cannot guarantee that all of the Products requested in the order submitted by Buyer will be in stock. Seller will use its best efforts to mark Products out of stock. If the Products ordered by Buyer are out of stock, both Buyer and Seller shall have the right to cancel the order, and if Buyer has already paid, payment will be refunded to Buyer.

5.3. Seller will ship the Products purchased by Buyer to the delivery address designated by Buyer via a logistics company (unless delivery falls outside the delivery range). Seller shall not be liable for any damages or other adverse consequences resulting from the conduct of the recipient. If signature and confirmation is required, Buyer or recipient shall sign for receipt of the Products after reading the relevant delivery terms.

5.4. Buyer shall accurately provide Buyer’s name, (if applicable) recipient’s name, delivery address contact information and other necessary information required by Seller. The Products purchased will be delivered to the specified delivery address. Any loss caused by the change of Buyer’s contact person or related delivery information shall be at Buyer’s own risk. If the order is delayed or not delivered due to the following circumstances, the Seller shall not assume the responsibilities, consequences or costs and reserves the right to cancel the order unilaterally if any of the following circumstances occur:

The delivery address, contact information, etc. are incorrect, non-existent or insufficiently detailed;
The delivery person contacts the receiver through the designated cell phone number, and the receiver either cannot connect or does not respond;
impossibility to deliver the Product repeatedly due to absence of the recipient;
Force majeure, such as natural disasters, traffic, strikes, riots, governmental actions, wars, etc.
The buyer does not respond to the requirements of the customs authority of their country, if any (for example: payment of tariffs, taxes, or fees imposed by the country where the product is sent).

5.5. The content, price, quantity and availability of the Product/Service from/on the Website may change at any time without notice, however, Seller will use its best efforts to inform Buyer when necessary or possible.

5.6. Seller shall have the right to limit all or part of Buyer’s rights in exceptional situations and to cancel related unfulfilled orders if Buyer is involved in any of the following actions:

Buyer’s conduct affects the normal operation of the Website or the Services offered by the Website to other users (e.g., online attacks and mass advertisements);
Buyer repeatedly posts information unrelated to the Products or Services offered in the comments or inquiry area;
The Buyer seeks benefits by improper means (such as plug-in tools, network attacks, etc.);
The Buyer rejects the Products several times or refuses to accept the Products without objective reasons;
Buyer is engaged in the business of ordering or reselling the Products through account purchase (such as wholesale or retail);
The order information Buyer provides (including but not limited to name, telephone number, identification number, email address, etc.) is untrue, inaccurate or incomplete;
The Buyer interferes with the normal orderly operation of the Web Site or engages in illegal activities.

6. Shipping Policy

6.1. Please allow 2 to 3 days for our team to process your order. Orders received after 12 p.m. (Spanish time) will be processed the next business day.

6.2. Shipping carrier: We normally ship via DHL and do not ship on weekends or Spanish holidays.

6.3. Shipping times: Once processed, orders generally arrive between 2 and 7 business days, depending on the destination.

6.4. If there are any delays in your order, please refer to the tracking information provided by the shipping company in the order confirmation email. We assume no responsibility for delays in transportation or customs clearance.

Medalab is not responsible for any customs clearance or duty payments that may exist when shipment is made outside the European Community or to destinations with special tax policies within the European Community (e.g. the Canary Islands).

If you have any problems with your order, please contact us first through our contact page or by sending an email to info@medalab.com.

7. Right of withdrawal

7.1. The Buyer has the right to terminate the Contract (right of withdrawal) during a period of fourteen (14) calendar days from the delivery of the Products. This means that if, during this period, you change your mind or, for any other reason, decide that you do not want to keep a Product, accessory or spare part, you can inform us of your decision and you will receive a full refund. In the case of Clo2 Generator, the consumer loses this right once the product has been used, so only unused products can be returned.

7.2. To exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Contract by means of an unequivocal statement.

7.3. The Buyer must first contact Medalab and may use the model withdrawal form on the website. If Buyer elects to use such form, Buyer may also electronically complete and submit the model withdrawal form or any other unequivocal statement provided on the Web Site. If the Buyer uses this option, the Seller will communicate to the Buyer an acknowledgement of receipt of such withdrawal as soon as possible.

7.4. In order to comply with the withdrawal period, it is sufficient for the Buyer to send the Seller the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired, by any official means published on the Website (i.e. email, hotline, chat) and offered by the Seller.

7.5. You must return the Products or accessories or spare parts in their original packaging. To receive a full refund, you must return all goods received as part of the product you wish to return, including any accessories, add-ons, promotional gifts or products sold at a joint purchase discount that came with the machine. At the time of return, you will be informed whether the shipment of the returned Products involves an additional cost to be borne by you (e.g. customs costs if the buyer resides outside the European Union). You must return the Products no later than fourteen (14) calendar days after you notify us of your withdrawal from the Contract or your willingness to return the Products under Medalab’s return policy, making sure to obtain proof of shipment for your records. Please note that if you do not pack the Products or accessories or spare parts correctly to avoid damage during transport or if you misuse them, we reserve the right not to accept the return. Otherwise, upon receipt of the Products or accessories or spare parts and confirmation that they are undamaged, we will refund the price using the same means of payment used for the purchase.

7.6. The refund will be processed within fourteen (14) calendar days of receipt of the returned product in accordance with the provisions of clause 6.5.

8. Obligations of the purchaser during the withdrawal period

8.1. During the withdrawal period, Buyer shall handle the Products received and the packaging with due care. The Buyer should only unpack or use the Product to the extent necessary to determine the nature, properties and performance of the Product.

8.2. Buyer may be liable for diminution of the value of the Product if Buyer has used, damaged or otherwise disposed of the Product in a manner that is inconsistent with clause 7.1.

9. Exercise and costs of withdrawal

9.1. If Buyer withdraws from the Contract, Seller shall reimburse Buyer for all payments received from Buyer, including the costs of delivery (with the exception of any additional costs resulting from Buyer’s choice of a type of delivery other than the least expensive standard type of delivery offered by Seller), without undue delay to the form of payment originally used. However, Buyer acknowledges that, depending on the type of payment method, refund processing times are sometimes beyond Seller’s control and may exceed standard refund times.

9.2. Seller shall carry out such reimbursement using the same means of payment that Buyer used for the initial transaction, unless Buyer has expressly agreed otherwise. Seller – at its sole discretion – may withhold reimbursement until Seller has received the Products back or Buyer has provided proof of having returned the Products.

9.3. The Buyer shall return the Products without undue delay and in any event not later than 14 calendar days from the date on which the Buyer communicated its withdrawal from the Contract to the Seller. The deadline is met if the Buyer returns the Products before the 14 calendar day period has expired. The Buyer shall return the Products as received, including but not limited to packaging, package contents, accessories and (free) gifts. (Free) gifts include material items, points, vouchers, coupons, etc. If the (free) gifts are not returned at the same time, the Buyer shall pay for the (free) gifts according to the actual value or the Seller may deduct such costs from the total amount of the refund due to the Buyer.

9.4. The Buyer shall bear the direct cost of returning the Products (including customs charges, if any, if the Buyer resides outside the European Union).

10. Exclusions to the right of withdrawal

The Seller is not obliged to accept the withdrawal and refund the purchase price in case of:

Rapidly perishable products or any product with a limited shelf life; and/or
Sealed software, memory (e.g., SD or USB memory), audio or video recordings if such Products were unsealed after delivery to Buyer; and/or
The supply of digital content that is not supplied on a physical medium when the performance has begun with the prior and express consent of the Buyer and user with the knowledge on his part that, as a result, he loses his right of withdrawal.
The Product has been customized or manufactured to Buyer’s specifications to the extent that Seller has made it clear on the Website or confirmed in the order confirmation that such Products are excluded from the right of withdrawal and return.

11. Force majeure

In the event of a force majeure situation (including but not limited to strikes, extreme weather conditions, embargoes and any other situation beyond Seller’s control), Seller’s obligations under the Contract are suspended for the period of the force majeure situation.

12. Product warranties

The warranty is valid within the territories of the Member States of the European Union. For countries outside the European Community, an International Warranty is granted for one year from the date of delivery of the product.

For a period of 3 years from the date of purchase of the product by the first end user, in accordance with Royal Decree-Law 7/2021 of 27 April, Distribuciones Samvete S.L. (hereinafter “Samvete”) shall be liable for any lack of conformity existing at the time of delivery of the Good and during the warranty period, under the terms and conditions set forth in the aforementioned regulation. This warranty also includes the original accessories, understanding as such all the components included in the original box.

Batteries are excluded from the 3-year period. The warranty period is 2 years for European Union countries and 6 months for other countries.

In the event that the Good does not conform to the contract, and upon delivery of the purchase receipt or invoice, the right to repair the Good, to its replacement, to a price reduction or to the termination of the contract is recognized, in accordance with the aforementioned Rule.

The warranty does not cover failures caused as a result of:

damage caused by natural disasters, e.g. lightning, tornadoes, floods, fires, earthquakes or other external causes;
negligence;
commercial or industrial use;
alterations or modifications to any part of the Product;
damage caused by use with non-Medalab products;
damage caused by accidents, abuse or misuse;
damage caused by using the Product outside the permitted or intended uses described by Medalab, or with an incorrect voltage or power supply;
damage caused by not following the instructions related to the use of the Product;
natural wear of the product (e.g. membranes, seals, etc.).

The warranty management involves the repair and, if this is not possible, the replacement of any device, part or component that malfunctions due to a manufacturing defect. The replaced or defective parts or the replaced Good will be made available to Medalab. The work necessary to carry out this procedure shall always be carried out at Medalab’s authorized facilities.

As far as possible, the device will be sent to Medalab in its original box and with the accessories included with the product at the time of purchase. The buyer must contact Medalab customer service by sending an email to info@medalab.com in order to receive all the information regarding the shipment of the product. Medalab will not be responsible for any customs charges for the receipt of the product, or if there were any other type of costs.

The replacement or repair of the product does not extend the initial warranty period, although the time elapsed during the replacement or repair of the product will not be taken into account for the purposes of calculating the warranty period.

During the time the repair lasts, the damages derived from the period of time the product is out of service will not be claimable and will not be paid.

12.1. Out-of-warranty repairs

If you do not have the proof of purchase document or if, once the product has been checked, it is not covered by this warranty, Medalab will offer the possibility of repairing the product out of warranty.

The repairs carried out shall be guaranteed for 6 months, counting from the delivery of the repaired or replaced Good. The components used shall also be guaranteed for 6 months.

Out-of-warranty repairs imply that all handling costs are to be borne by the customer, including the costs of collection and shipping. Medalab will prepare an estimate for the repair, which will be free of charge. If the estimate is not accepted, the repair will be cancelled and the customer will be responsible for the transport costs. The customer may request the withdrawal of the good by their own means, Medalab must be informed of the form of withdrawal.

In the event of non-payment of the aforementioned payments, the Property shall become the property of Medalab, after the period established by Law has elapsed.

13. Defects and remedies

13.1. A Product is defective or nonconforming if it does not conform to Seller’s description or if it cannot be used for its intended purpose. The Product is also defective if it is not of normal quality and does not perform as can reasonably be expected.

13.2. If a Product is found to be defective at the time of installation or use or if the Product is not in conformity with the Contract, the Buyer must inform the Seller as soon as possible in accordance with the statutory provisions but in any event not later than 2 years from the date of delivery.

13.3. If the Product is defective or nonconforming, Buyer may require Seller to remedy the defect. Seller shall have the right to determine in its sole discretion whether the Product will be repaired or replaced or refunded. If, within a reasonable time, a repair fails, Buyer may be entitled, at its discretion, to return the Product and demand a refund, or demand an appropriate price reduction if Buyer chooses to keep the defective Product.

13.4. No claims for defects or lack of conformity may be brought against Seller and Seller shall have no liability to Buyer if, and to the extent that:

The defect arises out of or is due to Buyer’s abuse or misuse of the Product, fire, contact with liquids and similar causes external to the Product that are beyond Seller’s control;
The defect is caused by the Buyer’s use of the Product for purposes not intended or contrary to the manufacturer’s or Seller’s instructions, manuals or guidelines;
The defect arises from the Buyer’s own or unauthorized repair/manipulation, or from the use of unauthorized spare parts, software or components of ornamental origin.

14. Complaints and dispute resolution

14.1. If the Buyer has a complaint about the management of the Contract or the provision of the Seller’s services in connection with the purchase of the Goods, the Buyer may contact the Seller via the telephone numbers, email address, web links or postal addresses indicated on the Website. In order for the Seller to handle a complaint by phone or email, please provide:

Invoice or order number,
Buyer’s name and address,
E-mail address,
A description of the basis for the claim and
The resources or actions required of the Seller.

14.2. The Seller is not obligated to respond to any complaints raised through the use of social media (e.g. Facebook, Instagram, Twitter).

14.3. The Buyer will receive a response to the complaint within 14 days.

14.4. The Buyer may also report and submit a complaint to the local country online dispute resolution bodies identified on the European Commission’s ODR platform at http://ec.europa.eu/odr.

15. Part Three

15.1. If third party vendors other than the Seller sell their own products, provide their own services or software through the Web Site, the Seller only provides network platform services for third party vendors. In addition, Seller may provide affiliate and third party Web Site links. Seller is not responsible for the content of such websites and the terms of such websites shall apply.

15.2. The Buyer understands and confirms that the payment service on the Website is provided by a third party. The terms and rules of such payment service are determined between Buyer and the payment service provider.

15.3. Buyer agrees that Seller has the right to send order information, promotions, advertisements or advertising links to Buyer and its designated recipient by mail, SMS, telephone, etc., in accordance with the Website Privacy Policy.

15.4. In order to facilitate your use of Medalab’s logistics, finance, communication and other related services, in accordance with the Privacy Policy available on the Website, you agree and authorize Medalab to transmit the information provided and formed during your account registration and use of the Website service, to Medalab’s other relevant service providers, or to obtain the information provided and formed during your registration and use of the related services from Medalab’s other relevant service providers. Medalab may cooperate with third parties to provide you with related services. At the same time, in order to provide you with better services, recommend products/services and conduct market research and data analysis information, Medalab may disclose your relevant information to partners. In such circumstances, Medalab has the right to provide your relevant information to such third parties in accordance with the Privacy Policy available on the Website.

16. General

16.1. These ToS and any Contract and dispute between Seller and Buyer shall be subject to the laws of Spain and the Parties submit any dispute to the competent courts in Madrid, Spain.

16.2. Section 15.1 shall not operate as a restriction with respect to Buyer’s rights under consumer protection laws to apply the laws and to submit any claim, dispute or controversy to the competent courts of the country in the European Economic Area (and Switzerland) where Buyer has its habitual residence.

16.3. If a provision of these ToS is deemed invalid or unenforceable, this shall not affect the validity of the other provisions of these ToS.

16.4. Seller reserves the right to assign or transfer to any of its associates and partners or affiliates, any or all of its obligations under this ToS, at any time and without notice to Buyer. In the event of a change, Buyer’s rights with respect to the Contract shall not be adversely affected in any way.