GENERAL TERMS AND CONDITIONS OF SALE
1 - SCOPE OF APPLICATION
These general terms and conditions of sale shall apply to any inquiry or order that is made on the website http://www.saprisa.com and derived addresses (hereinafter "the Site") of SAPRISA SPARE PARTS, S.L. (based C/ Progrés nº 3 Pol. Ind. La Ferreria 08110 Montcada i Reixac, province of Barcelona), with and Spanish NIF number B-64970049, for the purchase of goods (hereinafter "Products"). Confirmation of the order by the buyer implies full acceptance of these general terms and conditions of sale that supersede all previous versions or specifications arising from the buyer, including emails exchanging. These terms and conditions can be modified, so that reading them prior to making each order is recommended.
For the purposes of these general terms and conditions of sale, consumer means any natural or legal persons acting apart from any business or professional activity, and entrepreneur, any natural or legal person acting under its business or professional activity, whether public or private.
2 - ORDERS
2.1 - Offer of Products
The products are presented in accordance with legal recommendations and in the most accurate manner as possible.
There may be differences between the products delivered and those represented on the website or catalogue, especially as far as design is concerned, the homogeneity of manufacture and production cannot be guaranteed, or those Products that have been subject to adjustments related to technical or technological developments. Such differences, since they do not influence the basic characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery. As we cannot guarantee an exact representation of the Products on the Website and / or in catalogues, in particular due to differences in finished colours of computer software for internet browsing and / or screens, SAPRISA SPARE PARTS, S.L. cannot be held responsible for any inaccuracies in the photos contained in the Site.
Orders for products are subject to availability, so that if there are any difficulties in supplying or lacking of stock, SAPRISA SPARE PARTS, S.L. expressly reserves the right to report any other product to replace the same quality and value. If the offer for replacing a product is rejected, SAPRISA SPARE PARTS, S.L. shall reimburse the amounts which had been paid.
2.2 - Acceptance of the Order
The order is definitive for the buyer from the moment you confirm your order. For SAPRISA SPARE PARTS, S.L. it shall be definitive after confirmation of payment and confirmation of taking into account the order.
3 - PRICE / PAYMENT
3.1 - Price of the Products
The prices of products are indicated in euro and DO NOT INCLUDE taxes related to the sale of Products, including VAT. SAPRISA SPARE PARTS, S.L. reserves at all times and unilaterally the modification of the price of products and services offered through its website. In order to ensure the certainty of the price of their products to the customer, it shall be the effective price on the advertising at the time of the order. During the purchase process and before its confirmation, you will be informed of the final price and taxes related to the sale of Products.
3.2 - Delivery Costs
The shipping of your order shall be made by postal mail or by carrier to your domicile, during the purchase process you will be informed of the shipping costs, which shall be calculated automatically by the system depending on the delivery address.
3.3 - Payment
Payment is made in Euro only, in full at time of order and through the following payment methods:
Credit Card or Debit Card: You can use both Credit Card and Debit Card. The user must follow the instructions on the screen and provide the information required for that purpose.
Payments by bank card are safe thanks to the Paypal platform. This solution enables the buyer to make purchases of products safely. Buyer's bank details used to make payment by bank card shall not be preserved by SAPRISA SPARE PARTS, S.L..
Paypal: By using secure transmission systems SSL (Paypal) without SAPRISA SPARE PARTS, S.L. having access to customer data. Paypal account is firstname.lastname@example.org. Remember to mark "back to seller" at the end of the transaction in order to process your order.
Bank Transfer: If you make a wire bank transfer, you must send an accrediting document of the transfer to email@example.com
The account number to make the transfer shall be indicated at the time you select this option, within the process of purchasing the products.
Failure to receive the bank transfer within 8 days after the confirmation of the order by the buyer, the order shall be cancelled.
3.4 - Invoicing
The invoice addressed to the buyer shall contain the data given by the buyer in his/her customer account. Buyer can modify this information each time he/she makes a new order from the website.
The customer shall notify SAPRISA SPARE PARTS, S.L. the dataset required for the issuance of the invoice and its VAT registration number if necessary.
4 – DELIVERY
4.1 - Delivery Modalities
The modalities of delivery shall be based on the volume and weight of the items:
- Delivery by ordinary mail: In the case of low-volume orders, delivery shall be made by postal package.
- Delivery by carrier at home: Delivery shall be made by a qualified carrier on boxes or pallets to ensure maximum protection. We shall deliver the items by previous appointment within the period of 7 days in Spain and within 2 weeks in the other countries upon order confirmation, on the date agreed with the carriers of SAPRISA SPARE PARTS, S.L. (unless otherwise specified at the time of order).
We shall clearly provide you with an indicative delivery date upon the order is made on our website.
The failure to deliver the Products on the date agreed by the carriers of SAPRISA SPARE PARTS, S.L., due to the absence of the buyer or to the lack of information on the requirement of using specific means of delivery, may lead to the payment of additional delivery costs and / or cancellation of the order by SAPRISA SPARE PARTS, S.L.. Risks of the Product are transferred to the buyer at the time of delivery or on the date of the first submission of the Products by the carriers of SAPRISA SPARE PARTS, SL on the delivery date agreed with them.
In cases where the respective dates of availability of products included in a sole order were different, SAPRISA SPARE PARTS, S.L. shall propose the buyer to split the order. In case of staggered deliveries, contribution to delivery costs indicated in section 3.2., shall apply in each of the fractions of the order. In the absence of staggered delivery, delivery shall take place on the date of availability of the products ordered as a whole.
4.2 - Reception and Claims
When delivered, the buyer should proceed with all necessary examinations to detect possible malfunctions, deficiencies, defects, or other visible faults, as well as the discrepancy of the Products delivered under the order.
In particular, the buyer should check the status of packages, the number of packages and the Products regarding quantity, reference, condition and features. In case of complaint, the buyer must contact the carrier services of SAPRISA SPARE PARTS, S.L..
In order that the claim is not deemed inadmissible, the buyer must:
- 1.- Indicate on the delivery note the appropriate reserves arising from any faults or shortcomings, given that general reserves such as "subject to unpacking reserve" are insufficient.
- 2.- Confirm the reserves about faults or shortcomings and formulate any other reserves, by certified mail with acknowledgement of receipt to the customer service of SAPRISA SPARE PARTS, S.L., C / Progrés n. 3 Ind. La Ferreria 08110 Montcada i Reixac, province of Barcelona.
- 3.- Confirm the reserves about faults or shortcomings by certified mail with acknowledgement of receipt to the carrier, within the 3 days following to the delivery date, not including bank holidays.
The buyer shall send a copy of this complaint to SAPRISA SPARE PARTS, S.L.. within the same terms above referred.
Likewise, the buyer shall provide any evidence that might be required in relation to the reality of the claims filed and shall provide SAPRISA SPARE PARTS, S.L., its carriers or any person delegated by them, with all necessary steps or information to proceed to its verification; buyer shall not participate in or shall not involve any third party for this purpose.
Accepted claims shall result in a change of the defective or non-conforming Product or a refund in case of unavailability of the Product in the warehouse or suppliers. The returned Product shall be delivered to carriers of SAPRISA SPARE PARTS, S.L. in perfect condition, in its original packaging and duly completed with all its accessories. No spontaneous returns shall be accepted without the agreement of SAPRISA SPARE PARTS, S.L..
5 – PRODUCT GUARANTEE / LIABILITY
5.1 - Guarantee Coverage
Products are guaranteed for a period of 2 years from delivery against any manufacturing, design or material defects. However, the buyer shall have a period of one month from the delivery date to report the non-compliance, and if that deadline is exceeded any damages will be borne by the buyer. During the period of guarantee, SAPRISA SPARE PARTS, S.L. undertakes, at its option, to replace or refund the recognised as faulty products for its services. The Products changed has changed shall be covered by the guarantee for the remaining period. The guarantee does not include:
- - Damages to the Product resulting from its normal wear down, taking into account its nature, function, composition and price;
- - The slight differences observed in the Products as defined in Article 2.1;
- - All defects of the Product that may result from (a) improper installation, storage, or defective (a) assembly, defective maintenance, improper use or a use not being in accordance with the technical specifications or use specifications (disregarding the recommendations of maintenance), from modifications or repairs by the buyer or a third party, from damages caused by external objects, from external events such as accidents, shock, fire, vandalism, damages caused by water, natural or artificial lighting (if bleaching), natural disasters or adverse weather conditions.
5.2 - Implementation of the guarantee
To apply the guarantee, the buyer shall contact the customer service of SAPRISA SPARE PARTS, S.L.. The submission of the original invoice shall be required in order to be covered by the guarantee.
5.3 - Legal guarantees
The products are guaranteed against any defects and hidden faults under the conditions set forth in the provisions of the General Law for the Protection of Consumers and Users and the Spanish Civil Code, for buyers who have the status of consumer. For buyers under condition of “entrepreneur” these general terms and conditions of sale shall apply generally.
5.4 - Liability of SAPRISA SPARE PARTS, S.L.
Liability of SAPRISA SPARE PARTS, S.L. in respect of delivered products, included under applicable frame of contractual and legal guarantees, is limited to the price of the defective or nonconforming Products. SAPRISA SPARE PARTS, S.L. shall not be obliged to pay for indirect damage or any other financial injury suffered by the buyer or by a third party.
6 – RIGHT OF WITHDRAWAL
The right of withdrawal from the purchase only is held by the buyer with the status of consumer but not by that under the status of entrepreneur.
Pursuant to Articles 68 and following of the General Law for the Protection of Consumers and Users, approved by Royal Legislative Decree 1/2007, of November16th, if you enter the contract as a consumer, you may cancel the purchase within 14 business days from the date of the order delivery. Upon submission of the withdrawal SAPRISA SPARE PARTS, S.L. shall refund the price you paid for the products within a maximum term of 30 working days from the date of withdrawal.
No amount shall be refunded in the event that the product has been used or has been damaged, so that in any case the product must be returned in the same condition it was delivered, including all instructions, documents and packaging of the product.
In the event of loss, destruction or otherwise that may prevent from returning the order for any reason attributable to the buyer, the buyer shall respond for the market value that the benefit would have had at the time of exercise of the right of withdrawal, unless said value was superior to purchase price, in which case it shall respond for that superior value. The formalization of the right of withdrawal shall be made through a document that SAPRISA SPARE PARTS, S.L. shall make available at the buyer’s disposal upon communication of the decision to withdraw the purchase.
In order to exercise the right of withdrawal, the buyer must send the withdrawal form (download form) to firstname.lastname@example.org and by certified mail with acknowledgment of receipt to the following address: SAPRISA SPARE PARTS, S.L., C / Progrés n. 3 Ind. La Ferreria 08110 Montcada i Reixac, province of Barcelona.
The Product shall be returned by the buyer, within a maximum period of 7 working days from the expiration of the term of 7 working days, to the warehouses of SAPRISA SPARE PARTS, S.L., located at the following address: SAPRISA SPARE PARTS, S.L., C / Progrés n. 3 Ind. La Ferreria 08110 Montcada i Reixac, province of Barcelon.
The buyer has the option to have the product collected by carriers of SAPRISA SPARE PARTS, S.L. at his/her own charge. This option must be exercised by the buyer ans specified in the form of withdrawal.
The purchaser shall be refunded the integrity of the amounts paid, as soon as possible and maximum within 30 days after the date the buyer exercises the right of withdrawal, upon reception of the returned Product in perfect condition, in its original packaging and complete with all its accessories.
7 – WEBSITE USE
7.1 - Intellectual Property
1.- All content displayed on this Website and in particular, all designs, texts, graphics, images, databases, software, sounds, marks, logos or any other signs of industrial and commercial use are subject to intellectual property rights of SAPRISA SPARE PARTS, S.L. or owned by third parties who have duly authorized its use.
2.- In any case, the access to the Web and / or its use does not imply any waiver, license or transfer of all or part of such rights and no right or expectation is conferred by said access, and in particular, no right to alteration, exploitation, reproduction, distribution or public communication of the contents, without the express permission of SAPRISA SPARE PARTS, S.L. or the respective owners.
3.- No link to this website shall be included from any other website without prior written consent of SAPRISA SPARE PARTS, S.L..
7.2 - Users’ Responsibility
Navigation through the http://www.saprisa.com Site is under the sole responsibility of users. SAPRISA SPARE PARTS, SL shall not be liable for any malfunctions, errors or viruses that may affect the continuous access to the Site or by any bugs in the computer equipments of users that could arise from the access to the Site. Therefore, it has no obligation to repair any direct or indirect consequential damages that may result from use of the Site or access to the Site or from the download of items stored in the site (images, text, video files).
7.3 - Personal Data Protection
In compliance with Spanish Organic Law 15/1999 of December 13th, on Personal Data Protection (LOPD), we inform that:
1.- The personal data collected on this Website shall be included in a computerized database owned by SAPRISA SPARE PARTS, S.L.. This database is registered with the General Data Protection Registry, in accordance with current legislation and complies with all security measures of Royal Decree 1720/2007 of December 21, on security measures for automated files containing personal data.
2.- Such data collected by means of filling in forms and / or electronic mailings shall be processed and shall be incorporated into the files of SAPRISA SPARE PARTS, S.L., in order to respond effectively or to provide with requested services, to facilitate processing of orders and to send advertising promotions offered by SAPRISA SPARE PARTS, S.L. through its Web Site. In this sense, the user expressly consents the processing of personal data for the purposes stated herein.
3.- Collected user’s data shall not be disclosed to any company, but may be disclosed to third parties when communication responds to a requirement for the development, implementation or accomplishment and control of the purposes set forth for the collection or receipt of said data, according to provisions herein.
4.- Likewise, the user has at any time the rights of information, access, rectification, cancellation and opposition which may be exercised via email to email@example.com or through ordinary mail to the address of the entity in C / Progrés n. 3 Ind. La Ferreria 08110 Montcada i Reixac, province of Barcelona. In order to exercise these rights, and in compliance with Instruction 1/1998, of January 19th , the Spanish Agency for Data Protection, you need to prove your identity to SAPRISA SPARE PARTS, S.L. by sending a photocopy of your National Identity Card or any other valid means according to law.
5.- The User is the sole responsible for the accuracy and correctness of the included data, and hereby exonerates SAPRISA SPARE PARTS, S.L. of any responsibility or any liability.
8 – FORCE MAJEURE
Neither Party shall be liable for the total or partial breach or infringement of its obligations if such failure is due to unforeseen circumstances or the occurrence of an element considered force majeure such as, without this list being limiting, floods, fires, storms , lack of raw materials, transport strikes, partial or total strikes or closures. The Party that has been affected by such events should inform the other party as soon as possible and within five (5) business days subsequent to the occurrence of this event.
The parties agree to settle on an appointment as soon as possible in order to determine together the rules of the order implementation during the period of force majeure.
If the force majeure period is longer than one (1) month, SAPRISA SPARE PARTS, S.L. could not execute the order and in that case it shall reimburse the buyer, if necessary, for the amounts paid in concept of the order in question.
9 – MISCELLANEOUS
9.1 - Evidence:
As expressly agreed between SAPRISA SPARE PARTS, S.L. and buyer, emails shall be deemed evidence between the parties, as well as automatic recording systems used on the Site, particularly in regard to the nature and order date.
The buyer can have access, in accordance with the rules of common law, to the electronic contract entered with SAPRISA SPARE PARTS, S.L.. For this purpose, the buyer shall contact the customer service via email and shall provide all necessary and appropriate information, specially the order number and his/her data.
9.2 Partial Invalidity:
If one or more provisions of these general terms and conditions of sale are considered to be invalid or are declared invalid by virtue of a law, a regulation or as a result of a final decision of a competent jurisdiction, the other provisions shall remain in full force and application scope.
9.3 - Absence of Waiver:
The fact that a party has not requested the application of any provision of these terms and conditions of sale, either permanently or temporarily, in any event shall be deemed a waiver of the rights of that party, which may derive from that clause.
9.4 - Title
In case of any difficulty of interpretation between any of the titles of articles and chapters and any of the clauses, the titles shall be deemed as non-existent.
9.5 - Modification of General Terms and Conditions of Sale:
SAPRISA SPARE PARTS, S.L. reserves the right to modify these general terms and conditions of sale. Any new version shall be indicated on the site.
The online version on the Site at the time the order is submitted by the buyer shall prevail over any other previous version of these general terms and conditions of sale.
9.6 - Integrity of the contract:
These general terms and conditions of sale and the order summary sent to the buyer are part of a contractual form in a whole and are the integrity of the contractual relationship between the parties.
10 – APPLICABLE LAW AND JURISDICTION
The relationships between buyers and SAPRISA SPARE PARTS, S.L. in concept of orders effectuated on the Site shall be governed by Spanish legislation and any dispute of any order shall be subject to Spanish jurisdiction.
SAPRISA SPARE PARTS, S.L., CIF B-64970049 Reg. Companies Registry of Barcelona in Volume 40.834, Folio 209, Sheet number B-376785, with registered office at C/ Progrés nº 3 Pol. Ind. La Ferreria 08110 Montcada i Reixac, province of BARCELONA.