GENERAL PURCHASE CONDITIONS
1. GENERAL INFORMATION
The ownership of this website, http://tienda.celtronic.es, (from now on Website) is held by: Celtronic S.L., with NIF B36634368 and registered in the Mercantile Registry of Pontevedra; and its registration data are page 111 of the Book 427 of Companies, 1st entry of Sheet number 6324 and whose contact details are Phone: +34 986 49 33 22, Fax: +34 986 49 47 77, E-mail: firstname.lastname@example.org.
This document (as well as any other documents mentioned here) regulates the conditions governing the use of this Website (http://tienda.celtronic.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Celtronic S.L. develops through the Website includes:
- Specialized sale in the field of sensors, industrial connectors, security systems and a wide range of electronic products and equipment whose use covers almost all applications in process control and industrial networks.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Celtronic S.L.
By using this Website or by making and/or requesting the acquisition of a product and/or service through this Website the User agrees to be bound by these Terms and Conditions and all the above mentioned, so if you do not agree with all this, you should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so it is accepted, since the beginning of the navigation through the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
● To use this Website only to make inquiries and legally valid purchases or acquisitions
● Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed. ● Provide truthful and lawful contact details, e.g. email address, postal address and/or other details.
The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.
The Web Site is intended primarily for Users residing in Spain. Celtronic S.L. does not warrant that the Website complies with the laws of other countries, either in whole or in part. Celtronic S.L. declines all responsibility that may derive from such access, nor does it assure the delivery or provision of services outside Spain.
The User may formalize, at his or her discretion, with Celtronic S.L. the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PROCESS OF PURCHASE OR ACQUISITION
Duly registered Users may purchase from the Website by the established means and forms. They must follow Celtronic S.L.'s online purchase and/or acquisition procedure, during which several products and/or services can be selected and added to the cart, basket or final purchase space.
Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an e-mail confirming that Celtronic S.L. has received his order or purchase request and/or service provision, that is to say, the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being sent. In your case, this information could also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. And, if applicable, through his personal space of connection to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice by requesting it from Celtronic S.L. using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, if applicable, image of the same on its page of the Website, indicating, by way of example, but not exhaustively, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Celtronic S.L. is not the manufacturer of the products sold or that could be marketed on the Website. Although Celtronic S.L. makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website. Therefore, the User should not only consider the information provided by the Web Site, but also the information available on the labeling, warnings and/or instructions that accompany the product.
All purchase orders received by Celtronic S.L. through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are any difficulties in the supply of products or if there are no products left in stock, Celtronic S.L. undertakes to contact the User and refund any amount that may have been paid as a result. This will also be applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Web Site are the final prices, in Euros (Euro) and do not include taxes, unless by legal requirement, it is indicated and applied different issue.
Shipping costs are not included in the final prices of the products as shown on the Website. Thus, Celtronic S.L. carries out the delivery and/or shipping services through ASM for a cost of 6 Euros.
In no case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, Paypal and bank transfer.
Credit cards will be subject to verification and authorization by the bank that issued them. If the bank does not authorize the payment, Celtronic S.L. will not be responsible for any delay or non delivery and will not be able to formalize any contract with the User.
Once Celtronic S.L. receives the purchase order from the User through the Website, a pre-authorization will be made in the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the User in the established form and, if applicable, location.
In any case, by clicking on "PAY" the User confirms that the payment method used is his or her own or that, as the case may be, he or she is the legitimate holder of the gift card or credit card.
The purchase or acquisition orders in which the User selects as payment method the bank transfer will be reserved during 5 natural days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the payment system used by Celtronic S.L. for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
By means of this payment method, the User must make sure that he enters correctly the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Celtronic S.L. will not be able to validate the order, which will be cancelled.
In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within 24/48h and for a total price of 6 ? in Spain Peninsula, and within 72h and for a total price of 12 ? in the Balearic Islands.
If for any reason, which is attributable to him, Celtronic S.L. could not meet the delivery date, contact the user to inform him of this circumstance and, he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the place of delivery at the agreed time, he must contact ASM to arrange for delivery on another day.
In case that 30 days have passed since the order is available for delivery, and it has not been delivered due to reasons not attributable to Celtronic S.L., Celtronic S.L. will understand that the User wishes to cancel the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him, except for the additional expenses resulting from the User's own choice of a delivery method other than the least costly ordinary delivery method offered by the Website, without any undue delay and in any case within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the user from the time of delivery. The User acquires ownership of the products when Celtronic S.L. receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Celtronic S.L.
In accordance with the provisions of Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or services will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Celtronic S.L. through the contact spaces provided on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "PAY", has access to the space, cart, or basket where his or her purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use for further information on how to exercise their right of rectification as established in Law 15/1999, of December 13, Protection of Personal Data.
In cases where the User acquires products on or through the Website of the owner, he has a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such a purchase within 14 calendar days without the need for justification.
This period of withdrawal will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Celtronic S.L. Website or in the event that the goods comprising your order are delivered separately, 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods comprising a single purchase order.
To exercise this right of withdrawal, you must notify your decision to Celtronic SL You may do so, if necessary, through the contact spaces provided on the Website or through the Contact Form.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User will be able to use the model of withdrawal form that Celtronic S.L. puts to his disposition like annexed part to these Conditions, nevertheless, his use is not obligatory.
To comply with the withdrawal period, it is enough that the communication that expresses unequivocally the decision of withdrawal is sent before the expiration of the corresponding period.
In case of withdrawal, Celtronic S.L. will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and in any case no later than 14 calendar days from the date on which Celtronic S.L. is informed of the decision to withdraw by the User.
Celtronic S.L. will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Celtronic S.L. may withhold such refund until it has received the products or items of the purchase, or until the User submits proof of the return of such items, depending on which condition is met first.
The User may return or send the products to Celtronic S.L. at: Estrada do Lameiro, 41. Nave 7, 36214, Vigo.
And he must do it without any undue delay and, in any case, no later than 14 calendar days from the date in which Celtronic S.L. was informed of the withdrawal decision.
The User acknowledges knowing that he will have to assume the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract in this Website is governed, since this same Law establishes that the Right of Withdrawal will not be attended by the Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition by him/her that he/she is aware that, once the contract has been completely executed by Celtronic S.L., he/she will have lost his/her right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or error in shipping
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the contract or purchase order, and that, therefore, the User must contact Celtronic S.L. immediately and inform it of the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement of the same, is appropriate.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always be respected.
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the terms legally established for each type of product. Therefore, Celtronic S.L. will be responsible for the lack of conformity of these products that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they comply with the description made by Celtronic S.L. and have the qualities presented in the same; they are suitable for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected from it. When this is not the case with the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or of manufacture by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal warranty rights directly against the product during the two years following delivery of the product. To do this, the User must have kept all information regarding the guarantee of the products.
9. EXCLUSION OF LIABILITY
Unless otherwise provided by law, Celtronic S.L. will not accept any responsibility for the following losses, regardless of their origin:
● Any losses that are not attributable to any default on your part.
● Business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
● Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into by both parties.
Likewise, Celtronic S.L. also limits its responsibility in the following cases:
● Celtronic S.L. applies all the measures concerning to provide a faithful visualization of the product in the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to the lack of resolution of the screen, or problems of the browser used or others of this nature.
● Celtronic S.L. will act with the maximum diligence in order to put at the disposal of the company in charge of the transport of the product object of the purchase order. However, Celtronic S.L. will not be responsible for any damage caused by a bad functioning of the transport, especially for causes such as strikes, roadblocks, and in general any other typical of the sector, which derive in delays, losses or thefts of the product.
● Technical failures that by fortuitous causes or of another nature, prevent a normal operation of the service through Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the service from being available. Celtronic S.L. puts all the means at your disposal to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from responsibility for causes that are not attributable to it, fortuitous case or force majeure.
● Celtronic S.L. will not be responsible for the bad use and/or the wear of the products that have been used by the User. At the same time, Celtronic S.L. will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
● In general, Celtronic S.L. will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are out of our reasonable control, that is to say, due to force majeure, and this may include, but not be limited to: O Strikes, lockouts or other measures to claim. O Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war. O Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster O Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private. O Impossibility of using public or private telecommunications systems. O Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Celtronic S.L. will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure.
Celtronic S.L. will put all the reasonable means to find a solution that allows us to fulfill our obligations in spite of the force majeure cause.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, you agree that most communications with Celtronic S.L. will be electronic (e-mail or notices posted on the Website).
For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that Celtronic S.L. sends electronically comply with the legal requirements to be in writing. This condition shall not affect the rights granted by law to the User.
The User may send notifications and/or communicate with Celtronic S.L. through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Celtronic S.L. may contact and/or notify the User at the e-mail or postal address provided.
No waiver by Celtronic S.L. of any particular legal right or action or failure by Celtronic S.L. to require strict performance by you of any of its obligations shall be deemed to be a waiver of any other rights or actions arising under a contract or the Terms or to release you from your obligations.
No waiver by Celtronic S.L. of any of these Terms or any rights or actions under a contract shall be effective unless expressly stated to be a waiver and shall be executed and communicated to you in writing.
If any of these Conditions were to be declared null and void by a final resolution issued by the competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. FULL AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Celtronic S.L. with respect to the subject matter of the sale and purchase and supersede any prior agreement, understanding or promise agreed to orally or in writing by the same parties.
The User and Celtronic S.L. acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Celtronic S.L. in the course of a transaction on the Website will be treated in accordance with the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any dispute, problem or disagreement arising out of or relating to access, navigation and/or use of the Website, or to the interpretation and enforcement of these Terms, or to contracts of sale between Celtronic S.L. and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.
16. COMPLAINTS AND CLAIMS
The User can send to Celtronic S.L. his complaints, claims or any other comment he may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Celtronic S.L. has official complaint sheets available to consumers and users, which they can request at email@example.com at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if from the conclusion of this purchase contract between Celtronic S.L. and the User a controversy arises, the User as a consumer can request an extrajudicial solution of controversies, according to the EU Regulation Nº 524/2013 of the European Parliament and of the Council, of 21 May 2013, on resolution of litigations online in the matter of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/.