GENERAL CONDITIONS OF CONTRACT
GENERAL CONDITIONS OF CONTRACT
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the supplier of the products, SATIRTEC, SL (hereinafter also the provider), with registered office at Av. Corts Catalanes 5-7, Sant Cugat del Valles, 08173 - Barcelona, Spain, NIF B66584442, customer service phone 931816759, and e-mail: email@example.com, being the owner of the website www.thunderbook.eu, exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other, the User - Client (hereinafter the User), registered on the website by means of a username and password, over which they have full responsibility for use and custody, being responsible for the veracity of the personal data provided to the lender.
BOTH ACCEPT this document, and it entails that the user:
a. You have read and understand what is stated here.
b. That you are a person of legal age and with sufficient capacity to contract.
c. That you assume all the obligations set forth herein.
d. That you have read and accept these general conditions of purchase from the moment you purchase any product offered.
This document can be printed and stored by Users.
The provider makes the e-mail address firstname.lastname@example.org available to them so that they can raise any questions about these conditions..
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website.
The provider reserves the right to unilaterally modify said General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products, these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products.
SATIRTEC, S.L. is not responsible for any loss of data, files or any damage resulting from a failure to backup by the User of the data contained in the products purchased such as memory cards.
SATIRTEC, S.L. is not responsible for the consequences that may result from improper use of the products for sale on the web.
The civil liability of SATIRTEC, S.L. for the products supplied is limited to the amount thereof, the user renounces to claim any responsibility to the provider for any concept in any case of dissatisfaction of the products purchased on the website www.thunderbook.eu, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist on the computer or network of the user accessing the web.
SATIRTEC, S.L. is a company specialized in the remote sale of industrial ruggedized tablets, laptops and Smartphones products. SATIRTEC, S.L. sells its products remotely over the Internet through its website and / or by phone.
2. OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship that arises between the provider and the user at the moment the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed. The contractual relationship of sale entails the delivery, in exchange for a specific price, of a specific product.
2.2 Territory of application: The virtual store of www.thunderbook.eu is active worldwide, with specialized service in Europe.
2.3 Capacity to contract: In order to place an order, you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order through the website www.thunderbook.eu is made by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.thunderbook.eu or, if you wish and request, we can make them available to you by email.
2.5. Modification of the General Contracting Conditions: SATIRTEC, SL reserves the right to make changes and / or modifications in these CGC. We advise our clients to review them regularly. In the event that these changes or modifications are introduced once an order has been placed, the conditions in force on the date on which said order was placed will apply.
3. INFORMATION PROVIDED ON THE WEBSITE www.thunderbook.eu:
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website may be wrongly specified and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will refund any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, other written material, on our website or that provided by our agents or employees constitutes an invitation to make a deal. Such information does not constitute an offer to supply any product on our part.
The contents of www.thunderbook.eu are constantly renewed and updated to offer our clients the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel his purchase at no cost on his part.
All contractual information on the website is shown in Spanish and English (Castilian) and communication with customers and users, as well as the formalization of the contract, will be carried out in this language, although, if the customer so wishes, they can be done in another language always indicating it before starting the contracting procedure.
3.3 Availability of the products: There may be occasions when it is impossible to supply all the products due to the fact that they are not in stock or available at the time of purchase.
In these cases, we will contact you to give you a choice between the following options:
a) Choice of an alternative product, with characteristics similar to the product to be replaced, with its consequent price variation.
b) Communication of the delivery time, in case you prefer to wait for said product to be available in the store again.
If you decline our suggestions, the order related to these products will be canceled and any amount paid for them will be refunded.
3.4 Right of Cancellation: SATIRTEC, SL reserves this action (right of cancellation) of the shipment of a specific product that does not meet the quality requirements imposed on all products of www.thunderbook.eu. In the event that this lack of quality is detected, the Customer Service of SATIRTEC, SL will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The hours for receiving orders through e-commerce is twenty-four (24) hours three hundred and sixty-five (365) days a year, although orders placed after eighteen will not be processed (18.00) hours, remaining for the next business day in Barcelona. Orders received over the weekend will be processed first thing the following Monday, or the first business day.
3.6 Fraud: If SATIRTEC, S.L. suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
The user will select a username and password, committing to make diligent use of them, and not to make them available to third parties, as well as to notify the provider of the loss or theft of them or of possible access by an unauthorized third party. , in such a way that it proceeds to immediate blocking.
The user will not be able to choose as a user name words that are intended to confuse others by identifying him as a member of the provider, as well as abusive, insulting expressions and in general, contrary to the law or the requirements of morality and good manners.
Once the user account has been created, it is reported that in accordance with what is required by art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
1. Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.
2. If you want to add more products, you must select the option "Continue shopping". If by mistake you have added one that you do not want, you must click on the option to remove from the shopping cart. In the shopping cart the articles, the quantity, the price and the total amount will be observed. Once all the products have been chosen, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
3. Having chosen the product / s, you must click on the finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your data and the chosen payment method).
6. To finish the process, you must click on the Finish button
In any case, the provider's contracting platform will inform the user, once the contracting procedure is completed, via email regarding all the characteristics, price, forms of transport, contracting date and delivery estimate of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must immediately notify the e-mail address that will appear on the web to proceed to correct this error.
If you have any questions, you can contact our Customer Service through any of the methods provided on the website www.thunderbook.eu.
SATIRTEC, S.L. will provide Customer Service for FREE through our contact email email@example.com, if you choose another alternative means of communication, the user is the one who will have to bear the particular cost of the same.
SATIRTEC, S.L. makes available telephones in Spain subject to the cost of your telephone operator.
BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
Shipments will be made through companies approved by Satirtec S.L. Shipping costs will be applied as follows:
The delivery time is usually between 2 and 90 working days, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
The Provider will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the user is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the user and the user, or the latter's delegate, has signed the delivery receipt document.
It is the responsibility of the user to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
6. PRICES AND DEADLINES OF VALIDITY OF OFFERS:
All prices displayed in the store www.thunderbook.eu take into account the taxes in force at the time of purchase, depending on the country. Given that in Europe online shopping is activated through e-commerce, and sales are made through B2B, the same regulations in force between companies in the European community will apply. For countries outside the European community, ask for the relevant tax charge.
All the prices that appear on the web are valid except for typographical errors or end of stock and in any case they will be expressed in the Euro currency (€). Said prices, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services attached to the product or service purchased. (VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products 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 the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations in each of these territories.)
The payment made to the provider will entail the issuance of an invoice in the name of the registered user. Said invoice will be automatically sent to the email address provided by the user.
The prices applicable to each product will be those published on the web and applied automatically by the contracting process in the last phase of the same. The client assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case, this will always be previously communicated to users.
In the cases of promotions of limited duration, the promotion discount will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.
For any information about the order, the user may contact the provider through the customer service telephone number or via email at the address provided.
7. PAYMENT METHODS:
Next, we detail the available systems:
7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of ordering. Only Visa and Mastercard cards are accepted (or those compatible with the web system www.thunderbook.eu). We only accept payments with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode", or similar) . The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or box. The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.2 Payment by transfer or account deposit: At the time of finalizing the order, the user will receive the instructions with the account number to pay for the order. It is essential that the assigned order number and the name of the user are clearly indicated on the transfer order. In order to confirm the order, it will be necessary to make it within a maximum period of 7 days, otherwise it will be canceled in our system.
7.3 PayPal or other platform: Once the purchase is finished, if this form of payment is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment is successful, your order will be finalized and an email will be sent with the summary of your purchase. By pressing the button "Back to the web" you will return to the web to see the order and to be able to print it. PayPal has its own privacy policies and SATIRTEC, SL does not have any kind of responsibility for them.
8. ORDER DELIVERY:
8.1 Shipping Address: Orders will be delivered to the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the company of shipments, assigned for this purpose, as is the absence of the recipient.
The delivery time of the order will be in normal working hours of SATIRTEC S.L.
Notwithstanding the foregoing, the provider has adopted the measures required of a diligent merchant so that delivery can be made in the agreed time, so no liability can be attributed against the provider. SATIRTEC, SL will use all the means at its disposal so that your order is delivered within the term agreed upon on the date of issue of the order confirmation.
8.2 Delivery times: they correspond to those set in the file for each product. In the case of products not available at the time of purchase, our Customer Service will be able to provide you with availability information and a delivery time..
If you have ordered several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Keep in mind that in the absence of availability of any of the references at the time of shipment, you have the right to cancel the order at any time before sending it by contacting our Customer Service through the following address: email: firstname.lastname@example.org indicating the order number.
8.3 Shipping confirmation: When the order is delivered to our carrier, we will send you shipping confirmation to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through our carrier's website.
8.4 Damages on delivery: The products are delivered in secure packaging. If at the time of delivery it is seen visibly and clearly, without having to manipulate the shipping packaging or the product's own, that a product has defects caused by damage caused by transport or it is appreciated, in the same way, a error in the merchandise received, the client must detail this fact in the receipt signed by the carrier and immediately contact our Customer Service line +34 931 816 759 or email email@example.com within 24 hours of receipt, to to be able to urge the return of the affected product or products and proceed to replace them with another in optimal conditions or, to reimburse the price paid for it, as indicated in said email.
A proof of delivery without any damage report is equivalent to a product with the packaging in perfect condition. Likewise, if damage to the product is detected once the package is opened, the packaging being in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line +34 931 816 759 or email firstname.lastname@example.org. After 24 hours of delivery, no claims for damage to the product will be accepted.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The user has 14 calendar days, counted from the date of purchase of the product, to return it (art. 71 Law 3/2014, of March 27). If you are not satisfied with the product or any of the products in your order, you can exercise your right of withdrawal by filling in the form attached to these conditions, with your order number (to obtain a refund of the amount of the product / s within of the maximum term of fourteen (14) calendar days following receipt of the order) together with your contact information. Unless the return is made due to defects in the product, the shipping costs will be borne by the user. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return or RMA number and instructions for the return procedure. You must send it to us via email email@example.com or by post, always within 14 calendar days of receiving the order. After this period, you can only request the return or exchange of the products for technical reasons subject to the guarantee of said product / s.
You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an improper use of the good or different from its own nature to the address that we have provided.
It is advisable to return it in its original packaging, in case it is not possible, the product will suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the products he / she sends, as well as the expenses derived from the shipment.
Provided that the products are returned within a period of 15 calendar days, without any damage or wear marks and complying with the requirements established in this section, with the return number that we will have provided, we will refund the total amount of the purchase.
Remember that in any case the product must include:
· Return number provided
· Order number
· Date of purchase and exercise of withdrawal
Information of interest:
· Reasons for return
· Information that you think is necessary or of interest to process the return
9.2 Return of defective product: the user must inform SATIRTEC, S.L. of the lack of conformity with the product within a maximum period of 15 days from when it became known. In the event that the product is defective in origin, you must send an email to firstname.lastname@example.org with the order number and explaining the reason for the return. Our Customer Service will contact you by email or phone call indicating how to proceed to send the defective product and providing you with a return number.
The product (s) of the order must be returned to the address that we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote improper use of the good or different from its own nature.
Once the defective product is received in compliance with these requirements and it is verified that the product / s have a factory defect, we will contact you to manage the repair, replacement, reduction or termination of the contract. In any of the above cases, the derived expenses will be borne by SATIRTEC, SL.
9.3 Return of non-defective product: If the reason for the return is not due to a product damaged in shipping or it is not a defective product, we will not refund the amount of the purchased product since the customer is responsible for the choice of the product and to verify its characteristics.
9.4 Return due to error in the order by SATIRTEC, SL: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by mail as soon as possible; SATIRTEC, SL will bear the costs of collecting the product sent by mistake and delivering the corresponding to the order placed.
9.5 Verification of Returns: The verification and verification of the products to be returned will be carried out by SATIRTEC, SL which, once at its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may lead to the cancellation of the Warranty or cause a decrease in the value of the product.
In case of missing any of the elements, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal may not be applied in the following cases:
1. If the product is not presented in perfect condition or is unsealed and without evidence of tampering or use.
2. If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
i los embalajes del producto no son los originales o estos no se encuentran en perfecto estado. El embalaje original deberá proteger el producto de manera que se reciba en perfectas condiciones, quedando prohibido el uso de precintos y cintas adhesivas aplicados directamente sobre el mismo.
3. When the product is open without being able to show that it has not been used.
4. When they are personalized products or those, that for hygiene reasons or other legally foreseen exceptions, are not susceptible to this right.
10.1 Reimbursement of shipping costs: If you request reimbursement of the return shipping costs, you must send the products by standard mail (ordinary letter). The responsibility of the shipment rests exclusively with the transport company or means contracted for said shipment. The extra expenses derived from the hiring of fast delivery services will be borne by the client.
10.2 Refund for return: In the case of return, the refund of the amounts paid will be made through the means of payment that was used in the purchase. SATIRTEC, SL will not refund the amount or carry out any forwarding of merchandise until the receipt and condition of the packaging and accessories of the product being returned or exchanged has been verified in our warehouse.
10.3 Refund Term: the refund will be made within 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum term to make the established payment is one month. To proceed with the refund you must give us the following information:
· Return number
· Invoice and order number
· IBAN + 20 digits of your bank account.
10.4 SATIRTEC, S.L. declines the refund of the amounts if:
· The products are used or damaged, or their use has exceeded their nature.
· The products are missing something.
11. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
11.1Guarantee: All products offered through the website are completely original, unless otherwise indicated in their description.
Todos los productos cuentan con un periodo de garantía de 3 años, salvo las baterías, la pantalla y el táctil, que tienen un período de 1 año, conforme a los criterios y condiciones descritas en la Ley 3/2014, de 27 de marzo, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, salvo casos excepcionales en los que puede ser de distinta duración.
In the event that the Law of Guarantees for the Sale of consumer goods (23/2003, of July 10) establishes that the product must be sent to the factory to manage said guarantee, the SATIRTEC, S.L. will instruct you on how to proceed via email or phone call.
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
a) They conform to the description made by SATIRTEC, S.L.
b) They are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when it has been made known to SATIRTEC, S.L. at the time of the conclusion of the contract, provided that it has accepted that the product is suitable for this use.
d) Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by SATIRTEC, S.L.
e) SATIRTEC, S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by SATIRTEC, SL or under its responsibility, or by the user When the faulty installation is caused by an error in the installation instructions.
3. The responsibility for non-conformity that the User knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the User will not proceed.
11.2 Defective products: In the event of a defective product, SATIRTEC, SL must proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), procedures that will be free for the user. SATIRTEC, SL is liable for any lack of conformity that appears within a period of two years from delivery, as long as it informs SATIRTEC, SL of the lack of conformity within two months of being aware of it.
11.3 Warranty cancellation cases:
The guarantee does not apply in the following cases:
· Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,
· Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,
· Faults and deterioration of accessories,
· Deterioration created by misuse of the product, improper use, non-respect of the instructions for use regarding its use and maintenance or improper installation,
· Damages generated by unaccredited persons or the user,
· Damage caused by accident, lightning, flood, fire or any other cause that is not the responsibility of the manufacturer,
· Damage caused by a failure of the system in which the product may be incorporated,
· If the model or serial number of the product shows any changes,
· Products already repaired by Repair Services outside SATIRTEC, S.L.
roductos ya reparados por Servicios de Reparación ajenos a SATIRTEC, S.L.
11.4 Substitution of an irreparable product: In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics.
The replacement of your product will terminate your contract of sale and warranty extensions, if any, since when acquiring your new product it will benefit from a new contract as it is a new purchase.
12. ONLINE DISPUTE RESOLUTION
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
13. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the General Conditions subsisting in everything else, having such provision, or the part of it that is affected, by not being placed.
14. APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services that are the object of these Conditions, to the Courts and Tribunals of the provider's domicile (if it is a legal person) or the user (if it is a natural person) .
In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Barcelona (Spain).
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling the Customer Service phone number +34 931 816 759 or through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: SATIRTEC, S.L.
Address: Av. Corts Catalanes 5, 08173 Sant Cugat del Valles, Barcelona, España
Data of the good / service to be withdrawn:
Order / invoice number: _____________________________________________
Order / invoice date: ________________________________________________
Product / service receipt date: ________________________________________
Product / Service Description: ________________________________________
Consumer / user data:
Right of withdrawal:
In accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I withdraw from the contract of sale of the good / service described above, so I would be grateful if you could contact me using the contact information provided, to notify me that this request has been made.
Consumer / User Signature: