1. Owner's identification data
These general terms and conditions of sale regulate in a comprehensive manner all sales transactions that may be offered, provided or made from the online store located on the website www.tecnicsgruposelectrogenos.es which is owned by Tecnics Grupos Electrogenos S.L., (hereinafter TECNICS CARPI), with Tax Identification Number or Code No. B-97750715, registered office at C.\ Nicolas Copernico 10, Oliva 46780, Valencia, Spain and registered in the Mercantile Registry of Valencia with the following registry data: Sheet V113770, Volume 8448, Folio 188.
2. The user
The access, navigation and use of the website, confers the condition of user, so you accept, from the moment you start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the website. This responsibility shall extend to:
· Use the website only to make legally valid inquiries and purchases or acquisitions.
· Do not make any false or fraudulent purchases.
· Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details.
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through the website.
The website is primarily intended for Users residing in Spain. TECNICS CARPI does not ensure that the website complies with the laws of other countries, either in whole or in part.
3. Applicability of general conditions
These Terms and Conditions of Sale shall apply solely and exclusively to businessmen and professionals, in no case to persons who are end consumers.
In order for users to have the status of Client, they must meet the following requirements:
1. Be a professional and/or entrepreneur.
2. Acting for a purpose related to your trade, business, craft or profession.
The present conditions will regulate the use of the web site www.tecnicsgruposelectrogenos.es that TECNICS CARPI makes available to its users and clients.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, of services of the information society and electronic commerce and Law 7/1998 on General Conditions of Contract. TECNICS CARPI may modify them without prior notice, so we recommend that you consult them periodically, especially when you are about to make effective use of its online store located on the website www.tecnicsgruposelectrogenos.es. However, TECNICS CARPI is always committed to keep them updated, to publish the latest version and to allow its access and printing at any time.
TECNICS CARPI makes available to the Users, the following products (hereinafter indistinctly "the Products"):
Generator Set and Spare Parts .
The Products offered by TECNICS CARPI will appear indicated in the web site, with indication of their characteristics and final price (indirect taxes, expenses and price of additional services included), being therefore at the disposal of the User prior to his request of services. The contracting of any of the products offered by TECNICS CARPI will imply that it will only be obliged to comply with the General Contracting Conditions established here, in accordance with the products described.
TECNICS CARPI will only be liable for or in relation to the provision of the products if the defects or irregularities are a direct consequence of any fraudulent, culpable or negligent act directly and exclusively attributable to TECNICS CARPI.
The territorial scope of provision of the services will coincide with the territorial scope described in www.tecnicsgruposelectrogenos.es.
5. Conditions of access and purchase
Access to the TECNICS CARPI website is free and attributes to the user the condition of User, regardless of the subsequent use of the services offered.
The User must register in order to buy in our store by filling out a form, which will involve assigning personal credentials consisting of a unique identifier (which will be the email address) and a password, whose conservation and custody will depend solely on the User, who must operate with due diligence. Therefore, it will not use other keys that are not theirs, with the purpose of supplanting other Users in the use of www.tecnicsgruposelectrogenos.es.
The purchase of the products in www.tecnicsgruposelectrogenos.es can only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchase process, consisting of, but not limited to:
(i) Completion of the registration form or the identification form for previously registered users;
(ii) On-screen display of the order summary, delivery conditions and shipping costs, if any;
(iii) Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, if applicable, of the existing Particular Conditions, and
(iv) immediate receipt of the summary e-mail in the account used for registration or - failing that - as soon as possible and always within twenty-four hours.
All orders shall be considered offers to purchase subject to these terms and conditions. TECNICS CARPI reserves the right to accept them if they do not meet the requirements set forth in these terms and conditions.
Once an order has been placed, the system automatically generates a confirmation of receipt of the order. However, this confirmation does not imply automatic acceptance of the order, since TECNICS CARPI reserves the right to collect additional information related to the identity and address to ensure both a correct shipment of the order, and to ensure the absence of fraud related to transactions.
Orders can be placed 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and / or force majeure.
Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option to wait until the product is available or cancel the order.
Delivery shall be deemed to have occurred at the time the user or a third party indicated by the user acquires material possession of the products.
The delivery time for the order will vary depending on the shipping method selected and will be indicated on the website once the order confirmation is obtained, in any case it will not exceed 30 days from the date of the order confirmation. In the event that the delivery date cannot be met, we will inform the user of this circumstance and the user will be offered the option to go ahead with the purchase by setting a new delivery date or the possibility of cancelling the order and obtaining a full refund of the price paid.
If the addressee is absent at the time of delivery, a notice will be left so that he/she can pick up the shipment at the place and within the deadlines indicated. After the deadline without collection, the shipment will be returned to TECNICS CARPI.
Orders always travel at the risk and expense of the user/customer. Any additional costs not foreseen in our tariffs (maritime packaging, special unloading methods, shipments by baggage regime, air, etc.) will always be for the account and risk of the user/customer.
The transport will be carried out by an external transport company that will make the deliveries on behalf of TECNICS CARPI and will follow up the orders with the relevant security control measures.
8. Price and payment
It is understood that the price of each product is the one that will appear on the website at the time of placing each order or according to the particular agreement reached by the parties for a particular Order. The user must pay the marked price, including applicable taxes, along with shipping costs, which will be added to the final price to be paid.
Prices may be modified by TECNICS CARPI at any time and without prior notice without affecting orders already confirmed. However, even if confirmed, TECNICS CARPI shall not be obliged to fulfill orders when the price is incorrect, especially when the error is manifest and easily recognizable.
The accepted means of payment are:
Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
Payment by PayPal.
Cash on delivery.
TECNICS CARPI reserves the right to change the payment methods, being able to create new ones or to eliminate some of the existing ones, without the user/customer of www.tecnicsgruposelectrogenos.es being able to make claims for this reason. However, if the change in the payment method affects an order already placed, from www.tecnicsgruposelectrogenos.es we will contact the user/customer to inform him/her of such change, offering the option to cancel the order if deemed appropriate.
Payment by credit/debit card: The charge is made online, that is to say, in real time, through the payment gateway of the corresponding financial entity and once it has been verified that the data communicated are correct. In order to provide maximum security to the payment system www.tecnicsgruposelectrogenos.es uses secure payment systems of leading financial institutions in electronic commerce. In this sense, the confidential data are transmitted directly and in encrypted form (SSL) to the corresponding financial entity. The SSL encryption system used confers total security to the transmission of data through the network. The user/customer's data is completely confidential and protected. Credit card information is not registered in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of TECNICS CARPI's financial institution, through its Secure Payment Gateway. Credit cards will be subject to verifications and authorizations by the issuing entity, but if such entity does not authorize the payment, TECNICS CARPI will not be responsible for any delay or non-delivery and will not be able to formalize any Contract with the user/customer. TECNICS CARPI reserves the right to verify the personal data provided by the user/customer and to take the measures it deems appropriate (including the cancellation of the order) so that the purchased goods are delivered in accordance with the data contained in the order.
Cash on delivery: the user/customer will make the payment once the product is delivered at the requested shipping address, this method will have an additional cost of approximately 3% of the total value of the basket. The user/customer who makes a purchase by this method, unless cancellation of the same through the user/customer service, prior to the mail sent by TECNICS CARPI informing that the order has been shipped, will be obliged to pay the same, being considered fraud the rejection of the package.
9. Returns, repairs
The user/customer has the right to return all products purchased on the Website provided that he/she informs TECNICS CARPI within a maximum period of fifteen (15) working days from the date of delivery and complies with the following conditions:
· The product is in the same condition in which it was delivered, it must keep its original packaging and labeling.
· The return is made using the same packaging with which the delivery was made or, failing that, with a similar format that guarantees the return in perfect condition.
· Contact Customer Service beforehand, where a claim number will be provided to follow up the process.
In the case of returns for defective products covered by the warranty or causes attributable to TECNICS CARPI, the return service will be free of charge. In such case, TECNICS CARPI will reimburse the product and the corresponding shipping costs; partial returns and cancellations will give rise to partial refunds. In the case of returns not attributable to TECNICS CARPI, the shipping costs will be borne by the user/customer who will be previously informed.
10. Right of withdrawal
As the user/customer is considered an entrepreneur for the purposes of the General Law for the Defense of Consumers and Users, the right of withdrawal does not apply.
Tecnics Grupos Electrogenos S.L. is committed to respect the legal guarantee of the products and services offered in its web site according to the applicable legislation.
12. Customer Service
TECNICS CARPI has a customer service so that the User can manage their claims, doubts, or request guarantees.
The User can direct their complaints, claims or requests for information to the Customer Service Department of TECNICS CARPI, using any of the following ways:
- Sending a letter to TECNICS CARPI Customer Service, at C.\ Nicolas Copernico 10, Oliva 46780, Valencia, Spain.
- Sending an e-mail to firstname.lastname@example.org
- Calling to the telephone number 96 286 18 20, Monday to Friday (8:00 - 17:30)
- Filling out the form available in the "Customer Service" section.
All doubts and especially complaints and suggestions will be dealt with as quickly as possible, without exceeding in any case the deadlines established by the legislation in force.
It shall also provide proof of the same by means of a written receipt, on paper or on any other durable medium.
13. Technical means to correct errors
The User/Customer is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting TECNICS CARPI using the contact details provided in the first clause (General Information) and/or through those enabled to contact the customer service. Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
14. Protection of personal data
TECNICS CARPI, is the Responsible for the processing of the User's personal data and informs you that these data will be processed in accordance with the provisions of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, for which you are provided with the following processing information:
End of treatment:
To maintain a commercial relationship with the User.
The personal data collected on this site are as follows:
· Account opening: when creating the user's account, the user's name, surname, telephone number, postal address, VAT number, etc.
· Login: when the user connects to the website, he/she registers, in particular, his/her last name, first name, access data, usage data, location and payment data.
· Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and telephone number.
· Payment: as part of the payment of the products and services offered on the website, financial data relating to the user's bank account or credit card are recorded.
· Communication: when the website is used to communicate with other members, data relating to the user's communications are stored temporarily.
· Cookies: Cookies are used when using the site. The user has the ability to disable cookies from your browser settings.
Use of personal data
The purpose of the personal data collected from users is to make the website services available to them, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
· access and use of the website by the user;
· management of the operation and optimization of the website;
· organization of the conditions of use of the Payment Services;
· verification, identification and authentication of the data transmitted by the user;
· proposal to the user of the possibility of communicating with other users of the web site;
· implementation of user assistance;
· personalization of services by displaying advertisements based on the user's browsing history, according to his or her preferences;
· fraud prevention and detection, malware (malicious software) and security incident management;
· management of possible conflicts with users;
· sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
· when the user uses the payment services, for the implementation of these services, the website is in contact with third party banking and financial institutions with which it has concluded contracts;
· when the user posts publicly available information in the free comment areas of the website;
· when the user authorizes a third party website to access his or her data;
· when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of providing these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on personal data protection;
· if required by law, the Web site may transmit data to file claims against the Web site and to comply with administrative and judicial proceedings;
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which can be exercised by sending their request to the following address C.\ Nicolas Copernico 10, Oliva 46780, Valencia, Spain or to the e-mail address email@example.com.
Right to withdraw consent at any time.
Right of access, rectification, portability and deletion of your data and to limit or oppose its processing.
Right to file a complaint with the supervisory authority (agpd.es) if you consider that the treatment does not comply with current regulations.
15. Contract language
These general terms and conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in case of dispute.
16. Applicable Legislation
The user undertakes to make correct and appropriate use of the services and the TECNICS CARPI website in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with any other conditions, regulations and instructions that, where appropriate, may be applicable.
These general contracting conditions are governed by Spanish law, and the Spanish Courts and Tribunals are competent to hear any questions that may arise in relation to interpretation, application and compliance. The User expressly renounces to any other jurisdiction that, by application of the Law in force, could correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of the domicile of Tecnics Grupos Electrogenos S.L..