This contractual document will govern the contracting of products and services through the website www.servixtt.com, property of ATP TAKE SERVIX, S.L.U., hereinafter referred to as PROVIDER.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- You assume all the obligations set forth herein. These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is ATP TAKE SERVIX, S.L.U., with address at c/ San Dalmacio, 20 28021 Madrid, CIF B-85.753.101 and customer service / USER telephone number 91 404 49 05.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product or service.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or of possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions.
2. Shipment of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will normally be made by EXPRESS MESSAGES (SENDING), according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods after the delivery period has elapsed 30 days from the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working daysdepending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible vices or defects in the product or service, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). 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.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original packaging or if it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is unopened and it cannot be shown that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalised products or those which, for reasons of hygiene or other legally stipulated exceptions, are not eligible for this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) through the form of RMA????? authorised to do so, or by e-mailindicating the invoice or order number.
Once the USER has received the RMA number, he/she shall send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs at his/her expense, to the address of ATP TAKE SERVIX, S.L.U., c/ San Dlmacio, 20 28021 Madrid.
4. COMPLAINTS
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: ATP TAKE SERVIX, S.L.U., c/ San Dalmacio, 20 28021 Madrid
Telephone: 91 404 49 05
Mail: devoluciones@servixtt.com
ROnline Dispute Resolution (ODR)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
6. COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the ATP TAKE SERVIX, S.L.U. Commercial Proposal or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, insurance or any other additional and ancillary services to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
All payments made to the PROVIDER shall be invoiced to the registered USER or to the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 91 404 49 05 or by e-mail at info@servixtt.com.
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation costs or additional services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum transport tariff applied is as follows:
- Orders of 60 euros or more free shipping ( Peninsula (Spain & Portugal), Balearic Islands, Canary Islands, Ceuta, Melilla & Andorra )
- Shipments of less than 60 euros on the peninsula (including Portugal and Andorra) ......... 9 euros
- Shipments of less than 60 to the Canary Islands, Ceuta and Melilla.......................................... 12 Euros
- Shipments to the Balearic Islands under 60 euros ....................................................... 12 euros.
- Shipments of less than 60 euros in Comunidad de Madrid.................................... 6 euros
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
- VISA or MASTERCARD credit card: no discounts or charges will be applied. Payment by card will be accepted without a minimum amount.
- Paypal.
- Bank transfer.
11. PURCHASING PROCESS
Basket (budget simulation)
You can add any product from our catalogue to your basket. In the basket, you will only see the items, quantity, price and total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. - Verification of invoicing data.
2. - Verification of the shipping address.
3. - Selection of the method of payment.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department.
Orders (purchase requests)
An e-mail confirming the status of the order and the delivery date will be sent within 24 hours on working days.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. They all have a warranty period one or two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of 10 July 2003 on Guarantees for the sale of consumer goods:
I) Conformity of products with the contract
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
(a) They correspond to the description given
(b) are fit for the purposes for which products of the same type are normally intended.
c) Are suitable for any special use required by the customer when he has informed ATP TAKE SERVIX, S.L.U. at the moment of the conclusion of the contract, as long as the customer has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ATP TAKE SERVIX, S.L.U.
e) ATP TAKE SERVIX, S.L.U. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by ATP TAKE SERVIX, S.L.U. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. No liability shall be accepted for any lack of conformity which the USER is aware of or could not have been unaware of at the time of concluding the contract or which originates in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
ATP TAKE SERVIX, S.L.U. will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. ATP TAKE SERVIX, S.L.U. recognises the USER the right to repair the product, to its replacement, to the price reduction and to the termination of the contract.
III) Repair and replacement of products
1. If the product does not comply with the contract, the USER may choose between demanding the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER informs ATP TAKE SERVIX, S.L.U. of the chosen option, both parties will have to abide by it. This decision of the USER is understood without prejudice to the provisions of the following article IV for the cases in which the repair or replacement does not succeed in bringing the product into conformity with the contract.
Any form of remedy which imposes costs on ATP TAKE SERVIX, S.L.U. which, in comparison with the alternative form of remedy, are unreasonable, taking into account the value which the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the USER, shall be considered disproportionate.
IV) Rules for the repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the USER.
This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The suspension period will start from the moment the USER makes the product available to ATP TAKE SERVIX, S.L.U. and will end with the delivery of the repaired product to the USER. During the six months after the delivery of the repaired product, ATP TAKE SERVIX, S.L.U. will be responsible for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
(d) Replacement suspends the time limits referred to in Article VII from the exercise of the option until delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or the termination of the contract in accordance with the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits set out in Article IV.2, or a price reduction or termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract shall proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. Termination shall not be applicable when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
ATP TAKE SERVIX, S.L.U. is liable for any lack of conformity within a period of two years from delivery. In the case of second-hand products, ATP TAKE SERVIX, S.L.U. and the USER may agree on a shorter period, which cannot be less than one year after delivery.
In the absence of proof to the contrary, lack of conformity which becomes apparent within six months of delivery shall be presumed to have existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The statute of limitations for claiming compliance with the provisions of the previous articles expires three years after delivery of the product.
4. The USER must inform ATP TAKE SERVIX, S.L.U. of the lack of conformity within two months of becoming aware of it. Unless there is evidence to the contrary, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER to contact ATP TAKE SERVIX, S.L.U. due to a lack of conformity of the products with the purchase contract, he/she can claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for ATP TAKE SERVIX, S.L.U., the producer will be responsible for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer means the manufacturer of a product or the importer of a product into the territory of the European Union or any person who presents himself as such by indicating on the product his name, trade mark or other distinguishing mark.
The party liable to the USER shall have a period of one year in which to rectify the non-conformity. This period shall run from the time of completion of the remedy.
14. GOVERNING LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of AS PONTES DE GARCÍA RODRÍGUEZ (Spain).