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1.- Regular Legal Terms of our Company applies (see Legal Terms & Conditions clicking of the link).
Go to Legal T&C webpage. (click here)
2.-Both parties must agree on the terms of the contract, through the issue and
acceptance of a contractual offer/letter or via Internet (e-mail). This is not an "acceptance-click offer). please refer in any communication Offer Reference number.
3.- No negotiation is accepted as offer price (starting price) is non-negotiable so business must be supported by consideration: an exchange of value
for money.
4.- The offers represented within this page are based on the legal criteria widely know as “offer and acceptance”. So offers/bids can
not be considered accepted or contracted until a payment or formal acceptance letter were issued).
5.- This is really an invitation to treat without obligation unless a contract of sale were legally formed via agreement between both
parties, expressed formally in any way acceptable in Law.
6.- It considers the online application of the traditional principles of offer and
acceptance.
6.1 - An offer is an “expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by
the person to whom it is addressed” .
6.2 - As offers expressed here are "B2B", addressed party only appears once a Company/society/Operator bid and express legally its intention to buy/accept the
offer.
6.3 -Offers expressed here must be considered sufficiently clear, certain and properly communicated to the offeree (the person to whom the offer is
made - generic).
6.4 - The acceptance from the offeree must be equally clear, unequivocal and in response to the offer.
6.5 - The acceptance will mirror the terms of the offer and will be communicated to the offeror (the person making the offer). No acceptance or
obligation to treat will arise unless full conditions of offer are fulfiled by both parties.
7.- Offers via Websites as advertisements Terms
The general principle is that adverts or displays of products do not constitute an offer.
Instead, they are said to be “invitations to treat”. An invitation to treat precedes an offer in the contract formation process; it is an invitation to make an
offer.
By contrast, an offer is capable of binding the offeree if it is accepted.
Websites used to market products and services may be considered as analogous to offline advertisements. Generally speaking, our websites will communicate an invitation to treat, not an offer, despite the name used in the advertisement.
8.- Online ordering
These are not Internet transactions that typically require the completion of web order form by the customer followed at some point by the clicking of
a “complete order” button or link.
Regulation 11 of the Electronic Commerce (EC Directive) Regulations 2002 requires online traders to acknowledge receipt of an order by electronic
means. Offers displayed within this page are subjected to the rules of regular transactions between contractors and contractees, so a submission of order is required as proof of
acceptance. After the submission of the order and the formal acceptance by Intabiotech, the customer will receive a
Proforma Invoice for payment. A confirmation and proof of payment email may also be sent, once money order or transfer appears on Intabiotech´s bank account.
In the absence of any factors to the contrary, there is a risk that the contract may be formed unless payment and the confirmation email is sent
or received by both parties.
Accordingly, the trader will not be obliged to fulfil the order until after acceptance. This approach recognises that an online trader’s stock
will be limited, and also that a trader may wish to retain some discretion over the persons with whom he contracts.
The trader’s T&Cs should specify what acts will constitute the offer and the acceptance. In relation to the sale of goods, the T&Cs may specify that acceptance
will only take place (and, consequently, a binding contract be formed) once the customer is notified that goods have been shipped.
However, a statement in the T&Cs may not be conclusive in all circumstances. If the order process has been configured in such a way that a reasonable customer
would consider that a contract of sale has been formed, then a statement to the contrary buried away in the T&Cs may not assist a seller trying to avoid a contract.
This website is generally construed as an invitation to treat, no binding contract had arisen between Intabiotech and potential customers whose orders
had not been expressly accepted.
9.- Incorporation of T&Cs into contract.
To be effective, this website’s T&Cs of sale must be agreed by both parties and incorporated into the contract. The T&Cs should be available to the customer
before the placing of an order. The usual way to ensure that T&Cs are incorporated into an online contract is to prevent the submission of an online order form unless the customer has positively
indicated acceptance of the T&Cs sent via e-mail and a Proforma Invoice or an Invoice is sent to potential buyer.
T&Cs assented to in this way will usually bind the customer. Less explicit forms of consent may sometimes be sufficient. A statement proximate to an “order”
e-mail or communication that the sale is subject to the online trader’s T&Cs, a regular e-mail may amount to sufficient notice.
10.- T&Cs governing website use
The use of websites by casual visitors is (for usability reasons) not usually made subject to active acceptance of the website’s T&Cs. Usually such T&Cs will
provide that they are accepted by virtue of the visitor’s use of the website. Whether they actually create a binding contract will depend upon the specific circumstances, but in many circumstances
there will be no contract. This does not mean that such T&Cs have no value: they may act as valid licences, and the disclaimers of liability they contain may still be enforceable. Of
course, to serve these function the T&Cs still must be brought to the attention of the users.
As seller may be also manufacturer of products offered, offers are made via clear and unambiguous statement that the advertisement of products on the website does not
constitute a contractual offer, and prices are "starting prices" that my change suddenly and/or without prior notice in any moment before formal acceptance is stated by both parties.