GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, www.avanmatic.es, (hereinafter Website) is held by: JUAN CARLOS JIMÉNEZ GARCÍA, with NIF: 52116844V, and whose contact information is:
Prince of Asturias Avenue 48D PB Local 8
19208 ALOVERA (Guadalajara)
Contact telephone number: (+34) 949 49 53 50
Contact email: firstname.lastname@example.org
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.avanmatic.es) and the purchase or acquisition of products and / or services therein (in forward, Conditions).
For the purposes of these Conditions it is understood that the activity that AVANMATIC develops through the Website includes:
Marketing and distribution of products for the automation of garage doors, industrial doors, doors, windows, shutters, as well as remote controls, home automation systems, video surveillance and IoT.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services are requested will apply.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, 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), which is why they are accepted, since the navigation of the Website begins, all the Conditions established herein, as well as their 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 will extend to:
Make use of this Website only to make inquiries and purchases or purchases legally valid. Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be annulled and the relevant authorities informed. Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users resident in Spain. AVANMATIC does not ensure that the Website complies with the laws of other countries, either totally or partially. AVANMATIC declines any responsibility that may derive from such access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his election, with AVANMATIC the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of www.avanmatic.es, during which several products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on "CONFIRM "
Likewise, the User must fill in and / or check the information that is 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 email confirming that AVANMATIC has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User through the electronic mail, and where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from AVANMATIC using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
In addition, the User can consult exhaustively the Particular Conditions of Sale that govern this Website at the following link: https://www.avanmatic.es/content/3-terminos-y-condiciones-de-uso
Unless expressly stated otherwise, AVANMATIC is not the manufacturer of the products sold or that could be sold on the Website. Although AVANMATIC makes great efforts so that the information shown on the Website is correct, sometimes the packaging and / or the materials and / or the components of the products may contain additional or different information from the one that appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions accompanying the product.
All purchase orders received by AVANMATIC 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 thereof and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, AVANMATIC undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be applicable in cases in which the rendering of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, AVANMATIC performs the delivery and / or delivery services through: Correos, Correos Express, Seur, Keavo and Packlink.
In no case will the Website 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 with respect to which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, PayPal, and bank transfer.
AVANMATIC uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, AVANMATIC will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.
Once AVANMATIC receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the confirmation of delivery and / or confirmation of the service provided in the form and, where appropriate, place established.
If the means of payment is Paypal the charge will be made at the time that AVANMATIC sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking "CONFIRM" the User confirms that the payment method made by the User.
Purchase or purchase orders in which the User selects as a means of payment the bank transfer will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the system of payments used by AVANMATIC for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure correctly enter the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, AVANMATIC can not validate the order, which will be canceled.
In those cases in which the physical delivery of the contracted goods is carried out, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.
Except in those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website. the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, that AVANMATIC could not meet the delivery date, AVANMATIC will contact the user to inform about this circumstances and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact AVANMATIC to arrange delivery another day.
In the event that 30 days have lapsed since your order was available for delivery, and has not been delivered for reasons not attributable to AVANMATIC, AVANMATIC will understand that the User wishes to withdraw the contract and this will be considered canceled. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar 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 could be passed on.
For the purposes of these Conditions, it will be understood that the 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 the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires the ownership of the products when AVANMATIC receives the full payment of all the amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the complete receipt of the amount to be paid by AVANMATIC.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and / or benefit , in that Member State of the European Union in which the address appearing in the purchase order is located and, therefore, the applicable VAT will be that valid in that Member State.
In the orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties corresponding to the current regulations in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with the regulations in force, and that these could be on their side.
For the rest of the locations, different from the previous ones, where the purchase orders are located, for delivery and / or provision, the current regulations will be applied at all times; The User must bear in mind that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at the destination, and that these could be on their side. For more information, the User must go to the customs office at destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting AVANMATIC through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information 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 "CONFIRM", has access to the space, cart, or basket where they are writing down their purchase requests and can make modifications.
In cases where the User purchases products on or through the owner's Website, they are assisted by a series 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 desist from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the AVANMATIC Website or in case the goods that make up its order is delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of being treated of a service contract, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify AVANMATIC of its decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
Avenida Prince of Asturias 48D PB Local 8
19208 ALOVERA (Guadalajara)
Phone: (+34) 949 49 53 50
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may use the model form of withdrawal that AVANMATIC makes available as part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, AVANMATIC will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the least expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which AVANMATIC is informed of the decision to desist by the User.
AVANMATIC will reimburse the User using the same payment method used by him to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, AVANMATIC may withhold said reimbursement until it has received the products or articles of the purchase, or until the User submits a proof of the return of the same, depending on which condition is met first.
The User can return or send the products to AVANMATIC in:
Avenida Prince of Asturias 48D PB Local 8
19208 ALOVERA (Guadalajara)
And must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which AVANMATIC was informed of the decision to withdraw.
The User acknowledges that they must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the 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 November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enunciatively, 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 at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by AVANMATIC, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
The returns are managed directly in the user account.
Return of defective products or error in shipping
These are all cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he should contact AVANMATIC immediately. and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on 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 thereof. .
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 email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could 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 will always be for the User, as consumer and user.
The User, as a consumer and user, has guarantees about the products that can be purchased through this Website, under the terms legally established for each type of product, AVANMATIC responding, therefore, for the lack of conformity of the same that is manifested in a term 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 conform to the description made by AVANMATIC and possess the qualities presented in it; be suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, this must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could happen that the User acquires a product of a brand or manufacturing by a third party on the Website. In this case, and considering the User that it is a defective product, this also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, AVANMATIC will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any breach on your part; business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, AVANMATIC also limits its responsibility in the following cases:
AVANMATIC applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or other of this nature. AVANMATIC will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product. Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. AVANMATIC puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however it is exempted from liability for causes that are not attributable to it, fortuitous event or force majeure.
AVANMATIC will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, AVANMATIC will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product. In general, AVANMATIC will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond its reasonable control, that is to say, that they are due to force majeure, and This may include, but not limited to: Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
Inability to use public or private telecommunication systems.
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 AVANMATIC will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. AVANMATIC will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with AVANMATIC are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that AVANMATIC sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with AVANMATIC through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, AVANMATIC may contact and / or notify the User in his / her email or in the postal address provided.
No waiver by AVANMATIC of a specific right or legal action or lack of requirement by AVANMATIC of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exempt to the User of the fulfillment of his obligations.
No waiver by AVANMATIC of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and AVANMATIC in relation to the object of sale and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.
The User and AVANMATIC acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to AVANMATIC in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use).
By accessing, browsing and / or using the Website the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales agreements between AVANMATIC and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to AVANMATIC their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, AVANMATIC has official complaint forms available to consumers and users, and they can request AVANMATIC at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between AVANMATIC and the User emanates a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: June 17, 2018