GENERAL CONDITIONS OF USE AND CONTRACT OF EVERGINE

These General Conditions of Use and Contract (hereinafter “General Conditions”), govern access to and use of the website with the domain name https://www.evergine.com (hereinafter, “The Website), as well as the acquisition and/or contracting of EVERGINE’S products and/or services through this website.

This website is property of PLAIN CONCEPTS S.L.U., (hereinafter, the “OWNER OF THE WEBSITE”) Spanish entity based in Bilbao – Spain (EU and EEE State), which data are available in the Legal Advice incorporated in this website. This document establishes the General Contracting Terms and Conditions under which User may use the website and the purchase of Evergine’s services and products.

Simple access to the website confers the status of “User” and implies acceptance of all the terms included in these General Conditions. By accessing or using the website, the user declares that he/she has read, understood and accepted the General Conditions set out in this document and that, in the event that he/she intends to contract any EVERGINE product and/or service, he/she has sufficient capacity to do so and assumes all the obligations set out herein.

If the User doesn’t agree with these General Terms and Conditions, he/she must cease any transaction for the purchase of EVERGINE products and services through the website.

1. GENERAL CONDITIONS

These General Conditions apply, without restriction or reservation, to Users who acquire, through this website, the products, and services of EVERGINE, product and brand owned by PLAIN CONCEPTS.

These General Conditions are always accessible from the website https://www.evergine.com  and will prevail over any other document with which they contradict, without prejudice to the provisions of current legislation.

In addition to reading these Conditions, the User must read the Legal Notice, the Privacy Policy, and the Cookies Policy. By using this website, or by purchasing a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all the above.

The validation of the order by the customer implies unreserved acceptance of these General Conditions.

The sales of the products and services of EVERGINE have the nature of sales made at a distance, being regulated by the Spanish legislation in force in the matter.

2. PURCHASE PROCEDURE

To carry out the purchase of EVERGINE’S products or services, it is necessary that the user, previously or in the course of the order, enter the required data that are necessary to complete the transaction and accept these General Conditions.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

1. To make use of the Website only to carry out valid enquiries and purchases.
2. Not to make any false or fraudulent purchases.
3. To provide truthful and lawful contact details (e-mail address, postal address, etc.).
4. Not to access the website or purchase products and/or services in the event that such use is prohibited in the User’s country by law or regulation applicable to the case.

The User declares to be of legal age and to have the necessary legal capacity under the applicable legislation of the User’s jurisdiction to enter into distance contracts through this website.

To make the payment of the products and/or services purchased from EVERGINE, this website uses the STRIPE platform, owned by a third party, to which the User is redirected to provide the necessary data to make the payment and the procedure to follow and the available payment methods are indicated.

STRIPE uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the website, for which a secure payment system is used. Additional information is available at https://stripe.com/es/privacy

Once payment has been made, the customer will be notified of the product and/or service purchased by sending an e-mail confirming the purchase and making the product and/or service purchased available.

Communications, purchase orders and payments made during transactions carried out on the website may be archived and kept in order to constitute a means of proof of the transactions, in all cases respecting the security conditions and the applicable laws and regulations in force. In particular, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users under the Privacy Policy of this Website, shall be complied with.

3. PRICE

The prices indicated on the Evergine website are set in euros (€), excluding applicable taxes, in this case VAT, which will be calculated at the time of payment of the product or service acquired. 

The prices shown may be subject to revision or modification if conditions so require at any time, always considering the Terms and Conditions accepted by the User. 

In no case will the website add additional costs to the price of a product or service automatically, but only if the User opts for the “Customised Prices” option according to their requirements, in which case the price will vary depending on the products and services purchased.

4. INTELLECTUAL PROPERTY

EVERGINE products and/or services and all materials included or transferred, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Proprietary Rights related thereto, are the exclusive property of PLAIN CONCEPTS.

Except as explicitly stated herein, these Terms are not intended to, nor shall they, create any right, title, claim or benefit enforceable by any person not a party to them.

5. USER ACCOUNT

PLAIN CONCEPTS reserves the right to permanently or temporarily terminate or suspend access without notice and liability for any reason, including at its sole discretion, if the User violates any provision of these Terms and Conditions or any applicable law or regulation.

Notwithstanding the foregoing, with respect to automatically renewed subscriptions, such subscriptions shall be suspended only upon expiration of the respective period for which payment has been made.

6. DATA CORRECTION

If the User detects that an error has been made when entering data that are necessary to process his/her purchase request, he/she may modify them by contacting PLAIN CONCEPTS through the contact spaces provided on the website.

Similarly, the User is referred to consult the Legal Notice and Privacy Policy for more information on how to proceed to exercise their right of rectification, as established in Regulation (EU) 679/2016 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD), and LO 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no case shall PLAIN CONCEPTS be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use of data or other intangible losses arising out of or in connection with the use of or inability to use the product or service.

Furthermore, PLAIN CONCEPTS assumes no liability for:

• Errors or inaccuracies in the content.
• Personal injury or property damage, of any nature, caused by access to or use of the products and/or services.
• Any unauthorised access to or use of EVERGINE’s secure servers and/or any personal information stored therein.

8. MODIFICATION OF TERMS AND CONDITIONS

These General Terms and Conditions may be modified. In this case, the User is responsible for consulting them every time he/she accesses, browses, and uses this Website, since the conditions that are in force at the specific time at which the purchase of EVERGINE’S products and/or services is requested will be applicable, being binding for all purchases made after their publication on the Website.

If these General Conditions are modified, when they are important, a notification will be made to the Users. In the event that the User continues to use the Website after the change has been made, this constitutes acceptance of the new Conditions.

If the User doesn’t accept any of these Terms or any future version, the User must not use or access this website.

9. APPLICABLE LAW AND JURISDICTION

This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Spain and all actions of either party and for any dispute regarding the interpretation, application and performance of this Contract, the Courts and Tribunals of the city of  Bilbao, Spain shall have jurisdiction, and the CLIENT expressly waives any other jurisdiction to which it may be entitled.