Terms and Conditions
1. GENERAL CONDITIONS OF CONTRACT.
PLEASE READ THESE GENERAL CONTRACTING CONDITIONS CAREFULLY
1.1 These General Conditions, together with the Particular Conditions that may be established, will expressly regulate the relationships arising between THE TELECOMUNICACIONES FERRO STORE with address Avenida del Cid Campeador, 66 - CP 09005, BURGOS Spain and third parties with NIF 04228820V (hereinafter, " Users ") who use the Internet portal" www.electroferro.es "(hereinafter electroferro), as well as with third parties who contract the products offered or accessible through it (hereinafter the" Products ").
1.2 The objective of electroferro.es is the distance sale of the Products through its online purchase service that allows the User to buy from anywhere, 24 hours a day, every day of the year.
1.3 By using the electroferro.es Portal, you acquire the status of User, regardless of whether you are a registered User or not, private or professional. The use of the Portal and / or the acquisition of any of its Products, means your acceptance, as a User, without reservations of any kind, of each and every one of the General Conditions as well as the Particular Conditions that, where appropriate , govern the acquisition and / or provision of said Product.
1.4 These General Conditions do not exclude the possibility that the acquisition and / or use of any of the Products offered to Users through the Portal is subject to specific conditions of use ("Particular Conditions"), which will complement these General Conditions and they will prevail over them in case of discrepancies, unless the General Conditions are more beneficial to the User than the Particular Conditions. The Products whose acquisition were subject to Particular Conditions will be governed by the provisions of such Particular Conditions. Likewise, in everything not contemplated in them, they will be governed by the provisions of these General Conditions.
1.5 The General Conditions and, where appropriate, the Particular Conditions that are applicable, will also be understood as supplemented by those instructions that electroferro.es may periodically communicate to Users about the use of the Portal or any of its Products, which They will be mandatory for them to the extent that they do not contradict the provisions of the aforementioned General or Particular Conditions.
2. ACCESS TO PRODUCTS AND SERVICES.
2.1 For the purchase of the Products or access to certain services, electroferro.es will ask Users to register. The data obtained by this procedure will be subject to the data protection policy contemplated in these General Conditions. The registration procedure will be the one that appears at all times in the corresponding section of the Portal.
2.2 The password chosen by the User that is registered and validated, where appropriate, by electroferro.es, will be considered an identifying and enabling element to access, acquire and use the corresponding Products and / or Services and will be personal and non-transferable. The User undertakes to keep due diligence in preserving the password that is validated by electroferro.es, assuming, otherwise, the consequences that may arise from the use of it by third parties other than the User. The User must not write the password in an intelligible or accessible form for a third party, nor write it down in a place accessible to third parties.
2.3 electroferro.es may, with adequate notice, make changes to the password. In this case, the replaced passwords will lose their validity.
3. PRODUCTS AND SERVICES
3.1 electroferro.es reserves the right to decide, at any time, the Products and Services that are contained, offered, provided or made accessible to Users through the Portal. In particular, electroferro.es may, at any time, add new Products and Services to those included in the Portal, it being understood that, unless otherwise provided, such new Products and Services will be governed by the provisions of the General Conditions in force at that moment.
3.2 electroferro.es also reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Portal.
4. OBLIGATIONS OF THE USER
4.1 The User agrees, in general, to use the Portal and each of the Products and Services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions and the Particular Conditions that are applicable.
4.2 More in particular, but without this enumeration limiting the general scope of the obligation provided in the previous paragraph, the User undertakes, in the use of the Portal and of each and every one of the Services, as well as in the acquisition of the Products and Services, to:
(a) In case of registering, you must truthfully provide the requested data and keep it updated.
(b) Not to introduce, store or disseminate any information or material that is defamatory, libelous, obscene, threatening, xenophobic, that incites violence, discrimination based on sex, race, ideology or religion or that in any way threatens against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and, in general, current regulations.
(c) Not to introduce, store or disseminate through the Portal or through any of the Services, and not to use in relation to them, any computer program, data, virus, code, hardware or telecommunications equipment, or any other electronic or physical instrument or device that is likely to cause damage to the Portal, any of the Services, or any equipment, systems or networks of electroferro.es, of any User, of its suppliers or, in general, of any third party, or that is otherwise capable of causing any type of alteration or preventing their normal functioning.
(d) Do not carry out, except in those spaces where advertising, promotional or commercial exploitation activities are expressly dedicated to such purposes.
(e) Not to use false identities or impersonate others in the use of the Portal or in the use or acquisition of any of the Products and / or Services, including the use, where appropriate, of passwords or access codes of third parties or of any other way.
(f) Not to hide or falsify in any way the origin of email messages, not to intercept, delete or modify the email messages of other Users, or send mass email messages.
(g) Not to destroy, alter, disable or damage the electronic data, information, programs or documents of electroferro.es, its suppliers or third parties.
(h) Not to introduce, store or disseminate through the Portal or through any of the Products and / or Services any content that infringes intellectual property rights, industrial or business secrets of third parties or, in general, any content with respect to which it does not hold , in accordance with the law, the right to make it available to third parties.
(i) Not to use the contents and, in particular, the information obtained through the Portal or any of the Products and / or Services to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.
5. SALE AND PROVISION OF PRODUCTS AND / OR SERVICES
5.1 The characteristics of the Products and / or Services, and their prices appear on the screen. The prices indicated on the screen are in € and include VAT for private users, and are current, except typing errors. Discounts are duly marked and identified as such. Its validity period is effective while they appear on the screen. The order confirmation sent by Latiendadelbillar.com is not valid as an invoice, only as proof of purchase.
6. USER ATTENTION SERVICE
6.1 If the User is not satisfied with the Products purchased at electroferro.es, they may return them within a period of no more than seven (7) days, counted from receipt of the same. The refund of the amount will be made by payment. The rules regarding returns (regulated by Law 7/1996, of January 15, on the Regulation of Retail Trade), claims, guarantee and issuance of invoices, are the following: returns that do not come in their original packaging will not be accepted and with the Product in perfect condition. Products that can be reproduced or copied immediately (compact discs, software, video films, books, etc.) will not be accepted, unless they are returned in their original and unopened packaging. Likewise, Products that, due to their nature, cannot be returned will not be accepted, except in cases of defective merchandise. The delivery note stamped by electroferro.es, is valid as a manufacturer's warranty. This will take effect from the day the delivery is made to the User's address.
6.2 Claims for possible incidents such as that the Product is delivered damaged, damaged, wrong, or for any other cause susceptible to a claim, will be treated as follows: in the case of requesting a refund, the User must send the product aelectroferro.es, within seven (7) days after receiving the order and the return costs are borne by electroferro.es
7. HOME DELIVERY SERVICE
7.1 The delivery service, for the moment, is exclusively for the Peninsula and the Balearic Islands. The Products will be sent to the delivery address indicated by the User, within a maximum period of approximately seven (7) business days, for normal shipments. The cost of shipping is explicitly mentioned in the "Shopping Cart" screen, and is reflected independently of the price of the Product. On Saturday afternoons and Sundays there is no delivery service. The delivery service of electroferro.es is carried out in collaboration with different logistics operators, so in the case of orders with several Products, and depending on the Products included in the aforementioned order, delivery can be made through partial deliveries made by each of the logistics operators. Either way, the delivery cost of the order is unique and is the one that appears explicitly on the screen. Orders will not be served at PO Boxes.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all the elements of the Portal and each of the Products and Services, the information and materials contained therein, the brands, the structure, selection, ordering and presentation of its contents and the computer programs used in relationship with them, they are protected by the intellectual and industrial property rights of electroferro.es itself or third parties, and that the General Conditions do not attribute, with respect to said industrial and intellectual property rights, any other right other than those specifically contemplated in the same.
8.2 Unless authorized by Telecomunicaciones FERRO or, where appropriate, by third party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, provide, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Portal and each of the Products and Services solely for their own needs, committing themselves not to carry out either directly or indirectly a commercial exploitation or of the Products and Services or the materials, elements and information obtained through them.
8.3 The User must refrain from suppressing the identifying signs of the rights (of intellectual, industrial property or any other) of electroferro.es or of the third parties that appear in the Portal, the User must refrain from evading or manipulating any technical devices established by electroferro.es or by third parties on the Portal.
9.1 The User will be liable for damages of any kind that electroferro.es may suffer directly or indirectly, as a result of breach of current legislation. Likewise, the User will hold Latiendadelbillar.com harmless from any sanction, claim or lawsuit that may be filed by a third party, including any public bodies, against electroferro.es, its employees or agents as a result of the violation of any third party rights by part of said User through the use of the Portal or any of the Products and / or Services or, in general, that could be interposed as a result of the use or acquisition of any of the Products and / or Services in a manner contrary to the provisions in the General Conditions or in the Particular Conditions that may be applicable.
10. EXCLUSION OF WARRANTIES.
10.1 The User acknowledges and accepts that the use of the Portal, as well as the acquisition and use of the Products and / or Services is carried out at their own risk, under their sole and exclusive responsibility.
10.2 electroferro.es excludes any liability for damages that may arise, regarding the following points:
(a) Availability, continuity and usefulness: elctroferro.es undertakes to carry out all necessary efforts to enable the availability and continuity of the Portal. However, electroferro.es cannot guarantee that the Portal works correctly at all times, that the User can access it and use it quickly, uninterruptedly and free of errors, nor that all errors will be corrected. In the same way, electroferro.es does not grant any guarantee regarding the suitability of the Portal or of any of the Products and / or Services for the satisfaction of specific needs of a User.
(b) Security: electroferro.es will adopt the security measures generally adopted in the sector to guarantee the confidentiality and security of the use of the Portal.
(c) electroferro.es will act diligently according to the uses generally accepted in the sector to avoid the presence in the Portal of viruses or other harmful elements that could cause alterations in the User's computer system, in their electronic documents or in their files, but cannot guarantee the absence of such elements, not being responsible for the damages that this could cause.
(d) Services provided by third parties: electroferro.es does not control, endorse, or guarantee the accuracy, quality, veracity, reliability or suitability of the information, products and services provided or provided by third parties through the Portal. Likewise, it does not control and does not guarantee the absence of viruses or other harmful elements in the content or services provided or provided by third parties through the Portal.
(e) Contents outside the Portal: electroferro.es does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents, products and services available on sites belonging to or managed by third parties that the User can access through technical devices of link ("links") from the Portal. Electroferro.es does not control the content of said websites, nor does it offer or market the products and services available on the websites thus linked, nor does it consequently assume any responsibility for them.
(f) electroferro.es does not grant guarantees of any nature, either expressly or implicitly, regarding the use that Users make of the Portal, or the breach of the legal obligations to which Users are bound.
11. PERSONAL DATA.
11.1 For the purposes of the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, electroferro.es informs the User of the existence of an automated personal data file created with the data obtained on the Portal, by and for electroferro.es and under its responsibility, for the purpose of information and marketing of the Products and / or Services offered by electroferro.es through the Portal, as well as for carrying out promotional and advertising activities that may be of interest to you, to expand and improve our Products and / or Services by adapting our offers to your preferences or needs and to allow personalized navigation and user monitoring.
11.2 For the delivery and / or provision of some of the Products and / or Services offered on the Portal, electroferro.es may require the User to collect essential data. The User accepts the inclusion in the automated file indicated in the previous paragraph of all the data provided to electroferro.es in this document, as well as those derived from the commercial relationship and delivery and / or provision of the Products and / or Services contracted. . During the data collection process, the User will be informed of the compulsory nature or not of the collection of such data for the delivery and / or provision of the Products and / or Services electroferro.es. Likewise, electroferro.es may request additional information from the User, which will be used for the same purposes mentioned above. However, non-completion of said supplementary data will prevent electroferro.es from delivering and / or providing all those other Products and / or Services linked to such data.
11.3 The User may exercise, with respect to the data collected in the manner provided in the previous sections, the rights recognized by law and in particular the rights of access, rectification or cancellation of data and opposition, if applicable, as well as the right to revoke the consent for the transfer of your data. The rights of cancellation, opposition and revocation of consent for the assignment may be exercised by the User, and where appropriate, who represents him, by means of a written and signed request addressed to the address that appears in the section "Who we are". Said request must contain the following information: name and surname of the User, address for the purposes of notifications, photocopy of the National Identity Document or Passport, date and signature of the User and request in which the request is specified. On the other hand, the User expressly accepts that the rights of access and rectification are exercised by him, and where appropriate, who represents him, by accessing his personal file on the Portal, after entering his password, as well as sending a e-mail, in which you must reflect all the personal data collected in the registration form for the purpose of identifying it.
11.4 In order to provide a better service that meets the needs of customers of electroferro.es, it may collect browsing profiles related to the use of certain Products or Services offered through the Portal. These data will be used or transferred in an aggregate and anonymous way.
11.5 In the same way, the User authorizes electroferro.es to send any type of communication that it deems appropriate to facilitate. Notwithstanding the foregoing, you may indicate at any time that you do not wish to receive any information, by means of a written communication, as well as by sending an email indicating the word UNSUSCRIBE in the subject field, in which it must reflect all the data collected in the registration form in order to identify you. In both cases, those communications that are essential for the delivery and / or fulfillment of the Products and / or Services are excluded from such refusal.
11.6 electroferro.es is committed to fulfilling its duty to keep personal data secret and to save them, and will adopt the necessary measures to avoid its alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation of Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11.
12.1 Unless otherwise expressly provided in these General Conditions, electroferro.es can send the User communications by letter, to the address that appears in the registration form, or by email, to the email address that appears registered in said tab. The User expressly authorizes the sending of communications via email.
12.2 Likewise, and unless something else is expressly provided in these General Conditions, the User can communicate with electroferro.es by sending a letter, signed by the User or by email.
12.3 In case of change of address of either party, you must notify the other party by any of the means indicated above.
13. DURATION AND TERMINATION
13.1 The provision of the Portal service has, in principle, an indefinite duration. electroferro.es, however, is authorized to terminate or suspend the provision of the Portal service at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When this is reasonably foreseeable, electroferro.es may warn about the termination or suspension of the provision of the Portal service.
14. APPLICABLE LAW AND ASSOCIATIONS
The provisions contained in these General Conditions will be governed and interpreted in accordance with Spanish legislation. To resolve any divergences that may arise as a result of the interpretation and execution of these General Conditions, both parties will submit to the jurisdiction and competence of the Courts and Tribunals of Burgos, the User renouncing to their own jurisdiction, if otherwise.
ALL OUR PRODUCTS INCLUDE VAT