International

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.

11.-Governing Law

Any conflict and/or dispute resolution must be submitted to the Laws of Spain and eventually to the EU Laws (when applicable). Intabiotech SL does not accept any action and/or legal claim made in any other jurisdiction. For any legal dispute, Spanish version of Terms & Conditions will prevail by all means.