Terms of service

General Terms of Service

1. OWNERSHIP OF THE PORTAL.

In accordance with the provisions of Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce (hereinafter LSSICE), the general information data of this website is indicated:

• Holder: LABS & TECHNOLOGICAL SERVICES AGQ SL (hereinafter AGQ Labs)
• Address: Ctra. A-8013, Km. 20.8 – 41220 Burguillos (Seville)
• Contact: atencioncliente.esp@agqlabs.com

Customer Service Telephone: 955 738 908 Ext. 480

The address for the purposes of claims will correspond to the one indicated as the registered office of the company.

Labs & Technological Services AGQ, is a limited company with CIF B-91607127, registered in the Mercantile Registry of Seville, Volume 4546, Book 0, Section 8, Folio 193, Sheet SE 70904 of the Registry Mercantil de Sevilla Is the owner of the portal https://agqlabs.us.com (hereinafter the portal, the web or the store indistinctly) and makes it available to Internet users, in order to allow the acquisition of the products marketed by the company and/or third parties if applicable.

2. DATA PROTECTION

The data collected through the web, or the mechanisms indicated on it, will be incorporated into the files owned by AGQ Labs. These files are registered with the Spanish Agency for Data Protection and can be consulted at:

http://www.agpd.es/portalwebAGPD/ficheros_inscritos/titularidad_privada/index-ides-idphp.php

Your data will be used for:

• Perfect, fulfill and control the correct fulfillment of the contract and the legal obligations of AGQ Labs.
• Manage your user account, access and actions carried out as a registered user,
• Send you newsletters/news bulletins and information, being able to unsubscribe at any time either through the email itself where an email address will be enabled or in “My account” if you are already a registered user.
• Send you promotional communications about AGQ Labs services that have to do with your purchase or in case you have requested it from us about any other service or commercial offer.

The data required through the forms or records that have an asterisk (*) are mandatory and without them the procedures requested by the user cannot be carried out.

Commercial, promotional communications and newsletters

Content of the communications: AGQ Labs may send you promotional communications related to the services available on our website, it will never do so from third parties unless previously informed and with your consent.

In relation to promotional communications by electronic means, we will inform you in each one of them.

Modification of the data and/or cancellations

You can contact us at atencioncliente.esp@agqlabs.com, indicating in the subject -“LOPD” – for any question related to your personal data- and you can exercise your right of access, rectification, cancellation and opposition at any time (without prejudice to of the specific procedure for promotional communications for advertising purposes by electronic means).

3. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE AND CONTRACTING OF THE WEBSITE

Below is the contractual document that will govern the contracting of products and/or services through the website  https://agqlabs.us.com , property of AGQ Labs (hereinafter the provider). Acceptance of this document implies that the user:

1. You’ve read, you understand and you’re agree with this text.

2. That he is a person with sufficient capacity to contract.
3. That it assumes all the obligations set forth herein.
4. These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website  https://agqlabs.us.com
5. These General Conditions of Use and Contracting of the AGQ Labs website, together with the Particular Conditions that may be established, are intended to make necessary information available to the user and to regulate the commercial relations that arise between AGQ Labs and the users of the website. . Both browsing, registration, use and/or acquisition of any of the web products imply acceptance as a User, without reservations of any kind, of each and every one of these General Conditions of Use and Contracting. that, where appropriate, govern the acquisition of goods and/or the provision of services, as well as, where appropriate, the Particular Conditions, if any.

AGQ Labs may at any time and without prior notice, modify these General Conditions of Use and Contracting and the Particular Conditions by publishing said modifications on the web so that they can be known by Users. Said modification will not affect the services or promotions that were acquired by the User prior to the modification.

Cookies: For the use of our website it is necessary to use cookies. Cookies are used in order to adjust our offers or promotions to the needs of users. If you wish, you can adjust the settings of your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser to expand this information, and also our  Cookies Policy .

Definitions

AGQ Labs: LABS & TECHNOLOGICAL SERVICES AGQ SL Provider of information society services in accordance with the LSSICE and owner of the website https://agqlabs.us.com

User: Person who accesses the website https://agqlabs.us.com , either directly or through other pages or websites, and registers in order to acquire services for their final use.

General Contracting Conditions (CGC): these are the general contracting conditions that regulate the contractual relationship between AGQ Labs and the User.

5. IDENTITY OF THE PARTIES

On the one hand, the provider of the services contracted by the user is Labs & Technological Services AGQ SL (AGQ Labs) with registered office at Ctra. A-8013, Km. 20.8 – 41220 Burguillos (Seville).

And on the other hand, the user registered on the website through a username and password.

6. USER REGISTRATION

The User can register on the website and create an account. To do this, you must enter the personal data required as mandatory. Registering as a User of the store will provide you with access to the Besafer platform, for receiving reports and other service management utilities.

The user will select a username and password, agreeing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of their loss or theft or possible access by an unauthorized third party. , in such a way that it proceeds to the immediate blocking. The user has full responsibility for its use and custody, being responsible for the veracity of the personal data provided to the provider.

The user may not choose as a username words that are intended to confuse others by identifying him as a member of the provider, as well as profanity, insulting expressions and, in general, contrary to the law or to the requirements of morality and good manners.

7. OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship for the performance of the service originated between the provider and the user at the moment in which the latter accepts the purchase during the contracting process.

The contractual relationship of sale entails the service, in exchange for a determined price and publicly displayed through the website, of a specific service.

These General Conditions bind both parties and form an integral and inseparable part of the contract for the provision of services. The effectiveness of this contract operates at the time of signing the order at the request of the User, through the contracting mechanisms that will be specified later, all in accordance with the provisions of art. 1,255 of the Civil Code that includes the principle of the autonomy of the will and agreements between the contracting parties.

8. TERRITORY

AGQ Labs operates through the website  https://agqlabs.us.com in the countries of Spain, Portugal, Italy and France. Hereinafter, this geographical area will be understood as “the Territory”.

The use of this website as well as any purchase made on it is considered to be made in Spain, and therefore subject to current Spanish laws and regulations. AGQ Labs does not agree to provide service outside of the aforementioned Territory.

9. INFORMATION ABOUT SERVICES AND PRODUCTS

The descriptions of the services or products offered on the portal are made based on the AGQ Labs product catalog.

The photographs, graphic or iconographic representations and videos related to the services or products, as well as trade names, trademarks or distinctive signs of any kind contained on the website are intended to provide the most information, however, the User must take into account Please note that they are for guidance only and, consequently, are not exhaustive.

The Parties undertake to keep the content and execution of the agreements contained in the service confidential. This commitment shall not apply with respect to the information that any of the Parties is forced to disclose to the competent administrative or judicial authorities. In such cases, the party that is forced to disclose information will notify the other Party in advance, whenever possible, or as soon as possible in the event that the urgency of the requirement makes prior communication impossible. . The confidentiality obligations established in this Stipulation will continue to exist even in the event of termination of this Agreement, without a time limit.

AGQ Labs will keep part of the samples analyzed for the time that the company’s Quality Manual stipulates for each type of sample. If the client requests that his samples be kept for a longer period, he will have to pay a monthly amount for storage.

In those cases in which an AGQ Labs professional is summoned to testify in a court or tribunal at the client’s request to testify about the services performed, the client will assume the costs derived from this appearance.

10. PRICE

The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. If we discover an error in the price of any of the services you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a confirmation.

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable and in any case will be expressed in the euro currency (€). Said expenses, unless expressly indicated otherwise, include shipping costs, as long as, in addition to respecting the indications of type of service, weight, etc., which are detailed in the annex to the order. AGQ Labs may invoice an amount for couriers based on where the shipment was made from.

The price of the service or product, applicable taxes and shipping costs will appear broken down at the time of purchase, so that the user can know exactly what each one corresponds to.

The prices applicable to each service will be those published on the website, and applied automatically by the contracting process in its last phase. In any case, this will always be previously communicated to the users.

For any information about the order, the user can contact customer service by email: atencioncliente.esp@agqlabs.com or by phone Customer Service: 955738908 Ext 480

11. OFFER AND ACCEPTANCE

The contracting procedure and pre-contractual information is in Spanish and this language will be used to carry out the contract. In the event that it can be carried out in another language, it will be indicated before starting the contracting procedure.

Recruitment procedure

To access the services offered by the provider and make a purchase through the web, the user must register by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required.

Once the user account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

Once you have made your selection of products, adding them to the cart/basket, the next step will be to process the order and make the payment. In more detail it is indicated below:

1. Click on the “Cart” button.
2. Click the “Buy” button. On this screen you can see the cart summary with the selected products, price, taxes, shipping costs (if applicable). You will be able to remove any product if you wish by giving it the option to remove.
3. If you agree with the selected services, click on the “Buy and proceed to payment” button and fill in the billing information, the sample collection data and the means of payment. On this screen, you must validate and accept these General Contract Conditions, which are the ones that will govern the contract made.
4. After entering the required data of your chosen payment method, click on “Finish order”, enter your card details and your purchase will be finalized.

12. MEANS OF PAYMENT

The means of payment offered are those indicated on the website itself in the payment process:

– Credit card

By clicking on “Proceed to payment” you are confirming that the credit card is yours.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay and we will not be able to formalize any contract with you.

AGQ Labs will send an email acknowledgment of receipt and confirmation of the purchase made to the user’s email with instructions for its execution.

The order of the service or product and, therefore, the contract will be understood as formalized and perfected at the moment of receipt of the payment of the price by AGQ Labs.

13. PAYMENT OF SERVICES OR PRODUCTS

The payment of the price and shipping costs, if applicable, of the services purchased through the web is made at the time of purchase and AGQ Labs will send you an email confirming the purchase made.

The User must notify AGQ Labs, via email or by phone, of any improper or fraudulent charge on the card used for purchases on the web, in the shortest possible time, so that AGQ Labs can carry out the steps it deems appropriate.

Likewise, it is stated that AGQ Labs does not have access to or store sensitive data related to the payment method used by the User, except those strictly necessary for payment management. Only the corresponding financial entity processing the payment has access to this data for the management of payments and collections. Once the purchase process is finished, an electronic document is generated in which the contract is formalized and that the user can print.

Bill

AGQ Labs will issue a physical invoice that will be sent to the User’s email within 15 days of contracting the service.

The invoice will be issued in the name of the person making the purchase, so the User must make sure to enter the correct and complete information of the buyer. Subsequent changes will not be possible.

It is noted that, to preserve the confidentiality of the data, only duplicate invoices will be issued to the contract holder. Duplicates will not be issued to third parties and you will not fax or mail duplicate invoices.

14. PLACE AND PERIOD OF COLLECTION OF THE SAMPLE

(i) Sample collection site

AGQ Labs will collect the sample that is the object of the service at the address indicated by the User and which, in any case, must be within the Territory. In order to optimize the collection process, the address indicated by the User must be an address where the collection can be made during normal business hours.

If at the time the sample is collected at the indicated address, the User is absent, the carrier will leave a notice indicating how to proceed to arrange a new collection.

AGQ Labs evades all responsibility for the loss or delay of a sample by logistics companies, totally unrelated to our company.

AGQ is responsible for the quality of the results on the samples as they are received in the laboratory, not being responsible for the representativeness of the sampling or the conservation conditions they had from the time they were taken until their arrival at our facilities.

As long as it has been agreed with the client and there is a logistic planning, AGQ Labs will provide the sampling materials to carry out the tests offered.

AGQ Labs does not assume any responsibility when the collection of the samples is not carried out as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned to such an effect, as is the absence of the addressee, in these cases.

(ii) Service delivery period (results)

The maximum term for the delivery of the service is the one specified in the offer of the products, all without prejudice to the existence of force majeure or when due to any circumstance beyond AGQ Labs.

The delivery is considered made from the moment in which the analysis bulletin or service has been made available to the User on the Besafer platform where you must access with your username and password to access it.

The offer presented, and provided that the contrary is not indicated, is understood for the development of the work in 8-hour shifts on weekdays (Monday to Friday) and during daytime hours.

The reports will be sent by email, to the address indicated by the client on the service acceptance page. They can also be consulted on our website (https://besafer.info/), through the username and password created for the client. The reports sent electronically are not encrypted, so AGQ Labs is not responsible for possible manipulations made by third parties once these reports are issued.

AGQ Labs will issue the test results in reports with the mark of the relevant accreditation entity, if at least one of the tested parameters is accredited. The result will be indicated between parentheses if it is out of scope because its value exceeds the accredited upper limit. Parameters marked with * are not covered by the accreditation in question. If you do not want a report with an accreditation mark, please indicate it in the acceptance of the service.

Unless expressly indicated by the client, the analytical methods for the determination of the requested parameters will be selected by AGQ Labs and exposed in the service offer.

AGQ Labs is not responsible in any case for the possible civil and/or criminal economic consequences derived from the analysis of the samples or their results. However, in case of conflict, the responsibility of AGQ Labs under no circumstances may exceed the value of the services invoiced and paid by the client, up to a maximum amount of 5,000 euros.

15. RETURN OF SERVICES

A) Right of withdrawal

The User will have a maximum period until the sample is collected to withdraw from the purchase. The shipping costs derived from the collection of the sample will be borne by the user/buyer.

Once the term has expired, it will not accept returns for withdrawal of product purchases.

B) How do you proceed to claim a refund?

1. Send us a claim according to the claim form available to AGQ Labs, completed through the link that can be downloaded on our website at https://agqlabs.us.com
2. If you have any questions about the return process, please contact us at atencioncliente.esp@agqlabs.com.

C) Reimbursement of the price of services

As long as the User has followed the “Claims” procedure and the requirements established in these General Conditions have been met or those indicated by AGQ Labs, where appropriate, AGQ Labs will refund the price paid by the User corresponding to the services claimed.

Partial returns of a service will result in partial price refunds.

D) Return of services

Notwithstanding the provisions of this section and any other rights that may apply, the User shall be entitled to a refund of the price of

the services if they do not correspond to the order made by the User and the corresponding shipping costs.

As long as the User has followed the procedure established by AGQ Labs and the requirements established in these General Conditions have been met, AGQ Labs will reimburse the price paid corresponding to the services incorrectly provided or that do not correspond to the service request made by the User. , in accordance with the provisions of section C).

16. INTELLECTUAL PROPERTY

The client acknowledges and accepts that all articles, studies, brochures, publications, manuals, logos, designs, drawings, lines, photographs, processes, methodologies, systems, technologies, videos, filming, know-how and in all documents and information that is provided to you or that comes to your knowledge as a result of this Agreement, and that all of this constitutes commercial and industrial secrets of AGQ Labs, in accordance with the provisions of the applicable industrial property legislation and that consequently revealing or divulging them is considered a crime.

All R&D and knowledge developed and paid for by AGQ Labs is its exclusive property. However, AGQ Labs recognizes the client’s ownership of the rights to the results obtained in the work contemplated in this contract. AGQ Labs undertakes to keep these results available to the client for a period of three years.

17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

The user undertakes not to make improper use of this web page by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this web page, to the server on which said page is hosted, computer or database related to our web page. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infractions classified as a crime or infraction by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or harmful program or material that may affect your computer, data or materials as a result of using this website or downloading of contents of the same or to which it can redirect.

AGQ Labs will not be responsible for interruptions that occur in electrical or telecommunications services that prevent Users from using the services offered.

18.- APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law.

In case of controversy or disagreement that derives from the purchase of products through the web and/or these General Conditions and for the resolution of any conflicts, the parties agree to submit to the Courts of Seville, unless by law it corresponds. the jurisdiction to the domicile of the User.