Terms and conditions of contracting
The purpose of the present document is to regulate the general terms and conditions of contracting of the on-line available services of EXPOMON PRODUCCIONS I MUNTATGES SL (EXPOMON), with social domicile in 13, Sant Antoni Maria Claret St., 08271 of Artés (Barcelona); Spain, constituted by Public deed and inscribed in the Mercantile Register of Barcelona, Volume 39729, folio 152, sheet B-352413, Registration 1, telephone: (+0034) 938306646 and email: [email protected]
The utilisation of these services, will suppose, implicitly, the full acceptance of the validity of all and each one of the terms and general conditions of contracting that will consider automatically incorporated in the agreement subscribed with EXPOMON PRODUCCIONS I MUNTATGES SL (EXPOMON).
Spanish is the language in that it is perfectioned the agreement between EXPOMON PRODUCCIONS I MUNTATGES SL (EXPOMON), although it is possible offering translations of the same in other languages under request.
1.FORMALIZATION AND PROCESSING OF THE INQUIRY. MINIMUM AGE TO CONTRACT.
All the requests (agreement of buy and sell), included those celebrated on-line, will have to be formalised by writing and will have to be realised by an adult person (in Spain, the minimum age is 18 years old). The processing of the request is binding and involves the wholehearted acceptance, by the customer, of the current conditions. To process the request, will be necessary to fulfil with the conditions of payment that are detailed in the following section.
1.1 INQUIRY / ON-LINE SHOPPING
The services of on-line purchasing have by purpose the sale of products of EXPOMON PRODUCCIONS I MUNTATGES SL (EXPOMON) through his webpage or via other third parties’ websites like platforms of electronic trading (e.g. Ebay, Amazon etc.).
Once done the on-line purchase, you will receive an email confirming your request/purchase. The reservation / the purchase remains confirmed and guaranteed with the payment of the product.
All the prices are shown in euros and in the moment of ending the purchasing process, before the accepting by the user / customer of these terms and conditions, will break down the transport and delivering costs and the VAT or any other applicable taxes.
The user has available the telephone (+0034) 938306646 or the email [email protected] in case that detecting some mistake in the provided data or have to contact urgently with EXPOMON PRODUCCIONS I MUNTATGES SL (EXPOMON).
We request the user / buyer to review and ensure all of his data before confirming any operation, with the intention to avoid problems before sending the purchase supporting documents.
Likewise, all the relative information to the main characteristics of the products commercialised by Expomon Produccions i Muntatges SL is accessible in the webpage of mentioned company, and of concrete form, in the respective sections of Expomon’s website, allocated to provide to the users the aforementioned information, which includes so much the technical appearances like the images or another information of visual type so that the buyer can obtain an idea and suitable representation of the commodity that pretends to purchase or on which pretends to inform.
2.VALID PRICE AND CONDITIONS OF PAYMENT
The amounts that appear in the web catalogue correspond exclusively to the finished product, excepting the transport and delivery costs, the VAT or any other tax (that it will be charged to the buyer), as well as neither the setting or installation by part of EXPOMON. In the moment to finalise the purchase, through the accessible application in the own page web of EXPOMON, will be included the shipping costs and of VAT, obtaining the user or buyer the final price.
All the prices shown in the catalogue and accessible in the webpage, correspond to the approved and valid last rate. EXPOMON reserves the faculty to be able to review and modify the price of the products in function of aspects or causes such like variation of the cost of the materials, changes in taxes etc. In any case, the prices that will apply to the request will be those that are valid in the date of supply / delivery of the same, unless another different condition is expressly agreed.
2.2 PAYMENT CONDITIONS
All the requests will have to be paid by the buyer/s in advance to the supply of the product/s, just in the moment of performing the request or purchase.
The non-compliance by the customer of the indicated payment conditions, will allow EXPOMON to not processing the request and/or to retain the products or any another goods and services hired by EXPOMON until the regularisation of the payment. In exceptional case of supply of the product, in advance to the payment by the customer of the whole amount of the request (for example, by mistake in the payment process), EXPOMON will keep the property of the products, goods or commodities until the customer has made the payment of the whole of the accepted amount. In any case, the customer engages to adopt those that necessary measures in order to guarantee the correct conservation of the product and will hold responsible to ensure to EXPOMON the charge of the request in case that the commodity in the event that it may have been resold by the customer to any third part.
2.3 PAYMENT METHODS
The accepted payment methods are only credit or debit card (VISA, MASTERCARD), and PayPal (with the charge of the additional fee of the provided PayPal service to the buyer). It is also possible to make the payment by bank money transfer to EXPOMON, but in this case, the request will not be considered done until the reception of the corresponding amount. To speed up the process, in this case, the user can send the money bank transfer receipt by email to the following address: [email protected]. All the transactions had been done in Euros (€).
2.4 WEB SECURITY
The website of EXPOMON PRODUCCIONS I MUNTATGES (EXPOMON) use THE common and generally accepted information techniques used in the industry and in the on-line trade, such as firewalls, control access procedures and cryptographic mechanisms, all this with the object to avoid the unauthorised data access. To achieve these goals, the user / customer, accepts that EXPOMON, as a provider, obtain data for effect of the corresponding authentication of the access controls.
3.TECHNICAL ADVICE, STUDIES, PLANES AND DESIGNS
All the complementary information that can include the shown product and/or the proportionate offer or any other information that can be requested to EXPOMON, such like technical advices, designs, drawings or other documentation of technical character, is presented, with merely informative value and his purpose will be exclusively the one to provide a general image of the product and of the configuration that can it present. EXPOMON declines any derivative responsibility of the inaccuracy, writing mistake or omission that can include the aforementioned documentation. In any case, EXPOMON reserves the intellectual and industrial property rights referred to all the mentioned documentation / products.
4.RETURNS / CANCELLATIONS
Fulfilled the legal aspects included in the Spanish normative provision: November 16th, RDL 1/2007 (General Law for the Defence of the Consumers and Users; from now on GLDCU), EXPOMON will admit product returns under the covering of the legal term established of 14 natural days, back to the reception of the commodity (withdrawal right) and according to the 104 GLDCU article disposals. Nevertheless, it will be possible to agree with the customer, expressly and stating in writing, other relative conditions to the partial or total return of the supplied product, as long as the same find in mint condition and, after an exhaustive review by part of EXPOMON, it approves the request of return. In case of return of the commodity, the transport expenses will be, with general character, borne by the buyer, without prejudice to agreed other particular conditions between EXPOMON and the customer. Once processed the return and received the commodity by EXPOMON, it will issue the corresponding bill of refund.
The return of the product / cancellation of the purchase out of the legal established term, indicated in this clause, will involve the charge to the customer / user of all the costs derived of the buy and sell contract (included the transport ones and applicable taxes).
5.DERIVATED TRANSPORT RESPONSIBILITIES
EXPOMON will be responsible of any damage that can suffer the product in the transport that hire with a third carrier, so much for the supply of the products, as for his eventual return. When the customer receives (or send) the product, it is recommended the review, by his part, of the packaging, as well as of the commodity, prior to delivering the corresponding commodities to the carrier. In case that they appreciated damages in the goods, these will have to be certified in the delivery note and be demanded directly to the carrier, well by the customer, well by EXPOMON, considering the one who have hired the carriage service and of the agreement achieved between all implied parts, in order to solve the incidence.
6.DELIVERY TIME AND DERIVATED RESPONSIBILITIES OF NON-COMPLIANCE.
Existing stock availability, the delivery timing of the request / purchase will be, with general character and for shipments inside Spain (Peninsula), of between 24 and 48 hours. In the case that do not exist temporarily stock of the purchased product, the delivery time will be of between 8 and 10 days, depending on the particularities of the production. In this last case, EXPOMON will inform to the customer of the concrete status of the production of the product(s) purchased(s), and will also indicate an estimated delivery time adjusted to the reality; all with the intention that the customer may decide if it prefers to expect to the availability of product or, conversely, desisting of the purchase.
All the delivery times start from the reception date of the confirmation of the request / purchase.
EXPOMON procures to fulfil at all times the delivery times agreed, although it is materially impossible comply fully of said periods, for depending on other suppliers and of unexpected circumstances totally out of control by EXPOMON. In consequence, EXPOMON will not accept derivative sanctions or penalties of an eventual delay in the planned delivery process.
Likewise, EXPOMON will be responsible of the delays that may exist in the supply (total or partial) of the commodities in the cases of force majeure, such like natural catastrophes, legal limitations, strikes, etc., or any other causes that it remains out of the control by EXPOMON. In the case of any of the aforementioned reasons, the delivery time will do extensible to the same period of time that last the cause that have motivated the delay.
Finally, and in any case, EXPOMON reserves the faculty to be able to refuse a request /purchase depending on the availability of the materials or products that can have in stock, if it foresaw of evident a non-compliance delivery time by part of EXPOMON that could require the customer. In case to occurs this supposition, EXPOMON will communicate to the customer this reality in the shortest possible time, trying to reach a consensual solution.
7.PRODUCTS WARRANTY AND DERIVATED RESPONSIBILITIES DUE TO INCORRECT USE AND/OR INSTALLATION
In case of defect/s or lacking/s of compliance, EXPOMON provides on its products the legal warranty that comes off the article 123 GLDCU. In the case of the products shown in the current catalogue, the warranty period will be of two (2) years, starting from the product supplying date to the customer or from the date of communication of the free disposal of the commodities in the installations of EXPOMON, as it proceeds.
The given warranty by EXPOMON corresponds to the replacement or repair of the defective items, with all the transport expenses for EXPOMON. The given warranty is subjected to the timely compliance by the customer, of the payment conditions specified in 2.2 section of the present Terms and Conditions.
It remains excluded of the given warranty any damage (of any character, weather it is derived from a contractual or non-contractual responsibility) that it can suffer the customer or any other third part, by reason of non-compliance of the instructions or indications provided by EXPOMON by any support or channel, or by any negligent or malicious behaviour, (even if EXPOMON had been able to be warned of the possibility or probability of mentioned damages). EXPOMON, in no case will be responsible of the personal or material accidents that may occur.
7.2 DERIVATED RESPONSIBILITY OF THE USE AND INSTALLATION OF THE PRODUCT
The supplied products by EXPOMON, have to be installed and used in accordance to the specifications and instructions that are specified in the last approved version of the User’s Manual. The customer or the designated installer, will be the only responsible to select, use and mount the correct and necessary elements required to carry out properly the installation and concrete needed execution. EXPOMON declines any responsibility as a consequence of wrong installation or use of the products by the customer or by any other third part, or also due to the non-compliance of any one of the specifications, instructions or warnings provided by EXPOMON.
8.CONFIDENTIALITY AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
EXPOMON engages to keep the most absolute confidentiality on any information that the customer provides to it, even once finished the contractual relation, except that the customer authorises in writing the possible divulging or publication of the information available to EXPOMON (including the webpage or the corporate profiles of EXPOMON in the social networks where has an account or membership).
EXPOMON reserves all the relative copyright and patent rights of all his trademarks, commercial denominations, inventions, products, budgets, designs, drawings, samples and any one other information in any support / bear material or digital format that produce. Ultimately, all the creations or information property of EXPOMON is protected under the company’s secret and it is included as part of his know how. Any use or exercise of the relative rights to the same, requires the permission and / or a licence conceded on purpose by EXPOMON.
9.PERSONAL DATA PROTECTION
When it results applicable, EXPOMON guarantees the fulfilment of the personal data protection laws: December 5th, Spanish 3/2018 Law, and 2016 April 27th Regulation (EU) 2016/678 of the European Parliament and of the Council (General Personal Data Regulation – GPDR).
The personal data given by the users or customers, appear inscribed in the corresponding files, property of EXPOMON. The data are conserved while they are necessary to attend the purpose that motivated its collection and while the user / customer do not exercise its rights of revocation of consent or of suppression of the data; equally without damage of the satisfied conservation the existent legal obligations. The owner of the data can exert his rights by writing directly a postal letter to the Data Treatment Manager (DPD) to EXPOMON PRODUCCIONS I MUNTAGES SL; C/ Sant Antoni Maria Claret, 13 (Pol. Ind. Sta. Maria d’Artés) 08271 Artés (Barcelona), already by writing an email to: [email protected]
10.APPLICABLE JURISDICTION AND INTERNATIONAL LAW
For the solution of any conflict or litigious question between the parts, these subject expressly to the jurisdiction and competence of Manresa city Courts (or in its defect, of the Barcelona region Courts) which may be competent, expressly waiving any jurisdiction that may correspond to them.
In the case of international litigation, equally the parts accept the express submission to the Courts of the Spanish jurisdiction, and, in concrete, equally, to the Manresa city Courts or, in defect of these, to the ones of the province of Barcelona which may be competent; all without prejudice to compliance with the international competence and applicable law. In case of controversy between the parts in reference to the attribution of the international legal competence, will be attend to the International Competence Rules applied according to its hierarchical order. Likewise regarding the applicable law, in case of international litigation, the parts agree on purpose the application of the Spanish Law, without prejudice to the other conflict rules that, with subsidiary character to this agreement inter partes can result applicable.
Regarding the recognition and execution of international legal pronouncements, will take into account the applicable normative disposals for the recognition and execution of legal pronouncements in civil and commerce matters, considering also the hierarchical established order in the International Law. When necessary, the part that pretend the recognition and execution in Spain of any international legal pronouncement, will present to competent Spanish Courts the corresponding exequatur procedure.