GENERALITIES
The General Contracting Conditions (hereinafter, "CGC") of the contractual relationship are established below, which is aimed at the sale of products offered from the website www.ampliantena.com (hereinafter, "THE COMPANY"), with registered office at C / Llanterners, 3 - 46701 Gandia, with e-mail: [email protected] and the natural or legal persons (hereinafter, "CUSTOMER"), who express their willingness to buy said products through the request made via the Internet, through this website from the information that appears on the website or who visit it without completing the purchase process (hereinafter, "CUSTOMER"). The CUSTOMER's purchase request constitutes the particular conditions to which these CGC are associated, which the CUSTOMER must consult prior to purchasing the product. The CUSTOMER is exposed through the website www.ampliantena.com, these GTCs, so that they can read, print, archive and accept them, and the CUSTOMER cannot buy the product without such consultation having occurred. THE COMPANY will always have these GTCs in a visible and freely accessible place on the web.
The acceptance of these CGC, together with the request for the specific products made by the CUSTOMER, imply the formalization of the contract of sale between THE COMPANY and the CUSTOMER that states: a) have read, understood and accepted these conditions. b) that he is a person of legal age and with full capacity to contract.
APPLICABLE LEGISLATION AND ALTERATION OF THE GCC
These CGC are subject to the provisions 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; Law 7/1998, of April 13, on General Contract Conditions; Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of December 13, on the Protection of Personal Data; Law 7/1996, of January 15, on the Regulation of Retail Trade and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce. THE COMPANY reserves the right to modify these GTC at any time, without the need to previously notify the CUSTOMER or USER, who in any case, is solely responsible for reviewing them as a prerequisite and essential to the acquisition of any product available through of this web page or of its simple access. In any case, the GTC that were exposed on the web at the time the CUSTOMER acquires the corresponding products will be considered valid and applicable.
RIGHTS AND DUTIES OF THE COMPANY
PRODUCT DELIVERY:
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER in the order form, which contains the particular conditions that are attached to these GCC. THE COMPANY will not be responsible for errors caused in delivery when the data entered by the CUSTOMER in the order form does not conform to reality or has been omitted.
The invoice corresponding to the order will be available in THE COMPANY once the payment is confirmed, which can be viewed through the link: "My Orders". This original invoice includes delivery costs and VAT.
THE COMPANY is responsible for any lack of conformity that appears within a period of two years from delivery.
Reservations and claims must be addressed to THE COMPANY by email at the address that will be found on THE COMPANY page.
DELIVERY TIMES
I. Delivery of the product THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER in the order form. In order to optimize delivery, we thank the CUSTOMER for indicating an address where the order can be delivered within normal business hours and a contact telephone number, preferably a mobile phone, where the transport company will inform you of the status and delivery forecast.
II. Delivery Time The deadline for national deliveries (Spain) is 4 business days for parcel shipments. Due to the nature of most of our products (heavy, bulky or exclusive manufactures) this delivery time may be agreed with the CUSTOMER.
For more information, it is important to note that the procedure during this time is as follows: receiving the order request, preparing the orders in our warehouse and shipping through parcel companies. The day the order handling is finished, THE COMPANY will notify the CUSTOMER by email confirming the departure from our warehouses. Within a period established on our website, it should have been delivered to the address indicated at the time of purchase. These deadlines are means, and therefore an estimate. Therefore, it is possible that they vary for logistical reasons or force majeure. In cases of delays in deliveries, THE COMPANY will inform the CUSTOMER as soon as it becomes aware of them.
Each delivery is considered made from the moment in which the transport company makes the product available to the CUSTOMER, which is materialized through the control system used by the transport company.
In case of delays in the delivery of orders attributable to THE COMPANY, the CUSTOMER may cancel their order in accordance with the procedure described in the "Returns" section. Delays in delivery will not be considered those cases in which the order has been made available to the CUSTOMER by the transport company within the agreed period and has not been delivered for reasons attributable to the CUSTOMER.
III. Delivery Data, Deliveries not made and Loss. In the same email in which the CUSTOMER is informed that the product has left THE COMPANY's warehouses, the shipping number and the customer service number of the transport company responsible for the delivery are provided, so that, In the event that any incident arises in the delivery, the CUSTOMER can contact to resolve it.
If the CUSTOMER is absent at the time of delivery, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts an extra service, as part of the courier delivery service, to carry out a series of follow-up actions (calls or sms to the CUSTOMER at different time slots), aimed at guaranteeing that the delivery occurs.
If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually oscillate between one and three weeks.
Responsibility of THE COMPANY:
THE COMPANY will in no case be responsible in relation to: Errors, delays in access by the CUSTOMER when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY. In any case, THE COMPANY undertakes to solve the problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution to the incident.
THE COMPANY will in no case be responsible for errors or damages caused by inefficient use of the service and in bad faith on the part of the CUSTOMER.
THE COMPANY in no case will be responsible for the non-operability or problems in the e-mail address provided by the CUSTOMER for sending the order confirmation.
Additionally, THE COMPANY does not assume any derivative responsibility, by way of example but not limited to:
1. The use that the CUSTOMER or USER may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the website or third party content.
2. Of any possible damages to the CUSTOMER or USER caused by a normal or abnormal operation of the search tools, of the organization or location of the contents and / or access to the web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the web or a program provides to the CUSTOMER or USER.
3. Of the contents of those pages that the CUSTOMER or USER can access from links included in the web, whether authorized or not.
4. Of the acts or omissions of third parties, regardless of whether these third parties could be linked to THE COMPANY through contractual means.
5. The access of minors to the contents included in the web, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their charge or to install any of the tools to control the use of Internet in order to avoid (i) access to materials or content not suitable for minors, as well as (ii) sending personal data without the prior authorization of their parents or guardians.
THE COMPANY will not be liable in any case when:
1. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operational.
2. In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution to the incident.
3. Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
Guarantees:
THE COMPANY, is obliged to deliver the product in perfect condition, being exempt from all liability in relation to possible breakages or defects in the product packaging produced after delivery of the same. In this case, the CUSTOMER expressly waives to claim any contractual or extra-contractual liability for possible damages or losses. THE COMPANY acts as a distributor of products that are presented for sale on www.ampliantena.com, which are delivered correctly and do not present defects or hidden defects that may make them dangerous or inappropriate for normal use.
THE COMPANY provides the CUSTOMER with the After-Sales Service, through the link on the website "Contact". The CUSTOMER will not be able to return the order in case of defects or deterioration caused by factors external to the shipment, customer accidents, wear and tear and improper use of the product. In the event that the product does not arrive in the correct conditions, THE COMPANY will take charge of replacing the product at no extra cost to the customer.
Products modified or repaired by the CUSTOMER or any other person not authorized by THE COMPANY are excluded from the guarantee. The guarantee will not be applicable to apparent defects and product conformity defects, for which any claim must be made by the CUSTOMER in question within 24 hours of delivery of the products. The warranty will not cover products damaged by improper use.
THE COMPANY will respond, in accordance with Royal Legislative Decree 1/2007, of the conformity at the time of delivery of the product, with these General Conditions as well as, especially, with the file of each product that appears on the website in the moment of its acquisition or that it is delivered to the CUSTOMER. The CUNSTOMER, before signing the delivery of the order, must check that the product is delivered in perfect condition. If you find any damage, you must indicate it on the delivery note, returning the package if necessary and informing THE COMPANY within 24 hours from receipt. If the products sent in a package are incorrect or defective, THE COMPANY undertakes to change them at no extra cost to the customer.
RIGHTS AND DUTIES OF THE CUSTOMER
To proceed to make any purchase in the store, the registered or invited CUSTOMER MUST BE over eighteen (18) years of age.
Payment: the CUSTOMER agrees to pay in advance the amount for the product actually requested in the following amount and manner: Amount: the remuneration for the product actually requested by the CUSTOMER based on the product requested will be that indicated on the website and the that appears in the specific request of the CUSTOMER at all times, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website always appear with VAT and transport excluded.
To the price that appears on the website for each of the products offered, the corresponding rates will be added to the relevant shipping costs. As they are rates that THE COMPANY does not apply or control at any time, they may be modified at any time; in any case, said rates will be previously communicated to the CUSTOMER before formalizing the purchase itself.
Payment methods: the CUSTOMER must pay the amount corresponding to his order by payment by card, paypal or bank transfer.
CUSTOMER Responsibility : in any case, it will be the responsibility of the CUSTOMER: To assume all risks of deterioration, impairment, damage and loss of the products from the moment they have been made available to them by the third party who, on behalf of THE COMPANY , makes the delivery of the requested products.
ORDER CANCELLATION
RETURN
The customer may exercise her right of withdrawal up to 14 calendar days after receiving the package at the address indicated, at no cost to the customer.
In case of return, "THE COMPANY" will take care of the postage as long as the product is not the one required by the customer due to an error attributable to the company or because its status due to transport or other reasons is not adequate.
In case of returns at customer's wish, which are not attributable to the company, the return costs will be borne by the customer and the refund of the purchase value of the product will be produced by the same means by which the payment was made and a Once this has been received at the company and checked that its condition is correct and has not suffered any deterioration or manipulation.
We use Stripe and PayPal to process card payments. In case of refund, we cannot reimburse the processing fees as they are not recoverable: Stripe: 1.5% + €0.25 per transaction. PayPal: 2.90% + €0.35 per transaction. Example: Purchase of €100 → Refund of €98.25 (deducting Stripe commission). This policy does not apply for defective products or our errors.
The products must imperatively be returned properly protected and in perfect condition (not damaged or soiled by the CUSTOMER) with all accessories. They will be sent to the place specified by THE COMPANY in the precise instructions for the return of the product sent by email. In the event that the return is not accepted because it is understood that the product whose return is intended had been used beyond the status check, these products will be returned to the CUSTOMER.
PRIVACY POLICY:
THE COMPANY is attached to the Spanish Agency for Data Protection (www.agpd.es), who will ensure the security, legality and correct use of the data included in the customer file. THE COMPANY undertakes not to use the data provided by its clients other than to correctly attend the requested orders and inform our clients of the periodic promotions that the company will carry out. This information will only be transferred to companies that collaborate in the provision of the service (such as carriers). The data will not be transferred or sold in any other case.
In accordance with current legislation, all clients of THE COMPANY have the right of access, rectification, cancellation and opposition of their data. In addition, at any time, the client can express their wish not to receive any type of advertising.
To exercise these rights, clients can write to the e-mail: [email protected].
The personal data received will be treated in accordance with Organic Law 15/99 of December 13 on the Protection of Personal Data and other concordant regulations in force in Spain.
In order to comply with the provisions contained in article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, THE COMPANY provides the following general information:
Ampliantena, S.L.
C/ Llanterners, 3 - 46701 - Gandia (España)
www.ampliantena.com
CONTENT AND ACCESS:
The user undertakes to make good use of this website, meaning good use is that which is in accordance with current legislation, good faith and public order.
THE COMPANY will make its best efforts to avoid the existence of errors in the information provided on the page; However, it will not assume any responsibility for the damages that the existence, in its case, of said errors could cause to the users.
THE COMPANY may modify the content of this page at any time and without prior notice and is exempt from any liability that may arise from making such change.
APPLICABLE LAW AND COMPETENT JURISDICTION:
These CGC are governed by Spanish law. To resolve any controversy or conflict arising from these GCC, THE COMPANY is subject to the criteria for determining competence established in the applicable legislation on consumers and users.
In case any clause of these GTCs is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these GTCs. THE COMPANY may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by THE COMPANY or legal prescription of the action that in each case corresponds.
For any type of dispute that may arise from these conditions of sale, the parties will submit to the Courts and Tribunals of Gandia, expressly renouncing those of their own jurisdiction or jurisdiction.