This page will govern the contracting of products and services through the web site www.eriacomponentes.es, property of ERIA COMPONENTES ELECTRICOS SL, from now on PROVIDER.
The acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- It is a person with sufficient capacity to contract.
- Assumes all 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 and aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without 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 ERIA COMPONENTES ELECTRICOS SL, with registered office at C/ Fuerteventura Nº4, Plata Baja – 28702 SAN SEBASTIAN DE LOS REYES (Madrid), NIF B88145297 and with customer service / USER telephone number 611 106 112.
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 for the 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 purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or of possible access by an unauthorized third party, so that the latter 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, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipment of orders.
- Right of withdrawal.
- Force majeure.
- General information about the offer.
- Price and term of validity of the offer.
- Method of payment, expenses and discounts.
- Purchase process.
- Applicable warranties.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placement 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 ship any order until it has verified that payment has been made.
Shipments of goods will usually be made by EXPRESS MAIL (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after 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.
Delivery time is usually between 2 and 4 working days, depending 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 information 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 verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make 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, counted from the date of receipt of the product, to return the product (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:
- If the product is not presented in perfect condition.
- If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being prohibited the use of seals and adhesive tapes applied directly on it.
- When the product is unopened and it cannot be proven that it has not been used.
- In software applications that are directly downloaded through the portal.
- When they are personalized products or those, which for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) using the RMA form provided for this purpose, or by e-mail to email@example.com, indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, indicating this number in the shipping letter, with the shipping costs at his/her expense, at the address of ERIA COMPONENTES ELECTRICOS SL, C/ Fuerteventura Nº4, Plata Baja – 28702 SAN SEBASTIAN DE LOS REYES (Madrid).
Any claim that the USER considers appropriate will be dealt with as soon as possible, being able to
to the following contact addresses:
Postal: ERIA COMPONENTES ELECTRICOS SL, C/ Fuerteventura Nº4, Plata Baja – 28702 SAN SEBASTIAN DE
LOS REYES (Madrid)
Phone: 611 106 112
Online Dispute Resolution (Online Dispute Resolution)
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 recourse 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 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 force majeure event has ceased.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of ERIA COMPONENTES ELECTRICOS SL or herein stipulated will have effect, unless express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason whatsoever, the supply of the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
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 cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not. Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 611 106 112 or via e-mail at firstname.lastname@example.org.
9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
- Credit card: no discounts or charges will be applied.
- PayPal: no discounts or fees will be applied.
10. PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In this one, only the items, quantity, price and total amount will be noted. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative linkage, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order following the next steps for its correct formalization:
- Verification of invoicing data.
- Verification of the shipping address.
- Selection of the payment method.
- 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 order status and shipping date will be sent within 24 hours on working days.
11. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
12. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of July 10, 2003 on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
- In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:
- They conform to the description made by ERIA COMPONENTES ELECTRICOS SL.
- Are suitable for the uses to which products of the same type are ordinarily destined.
- Are suitable for any special use required by the customer when he has informed ERIA COMPONENTES ELECTRICOS SL at the moment of the conclusion of the contract, as long as the customer has admitted that the product is suitable for this use.
- Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ERIA COMPONENTES ELECTRICOS SL.
- ERIA COMPONENTES ELECTRICOS SL 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.
- 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 ERIA COMPONENTES ELECTRICOS SL or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
- No liability shall arise for non-conformities that the USER is aware of or could not have been unaware of at the time of conclusion of the contract or that originate in materials supplied by the USER.
II) PROVIDER’S LIABILITY
ERIA COMPONENTES ELECTRICOS SL will respond to the USER of any lack of conformity that exists at the time of delivery of the product. ERIA COMPONENTES ELECTRICOS SL recognizes the USER the right to the repair of the product, to its replacement, to the reduction of the price and to the resolution of the contract.
III) Repair and replacement of products
- If the product is not in conformity with the contract, the USER may choose between demanding repair or replacement of the product, unless one of these options proves impossible or disproportionate. From the moment in which the USER communicates to ERIA COMPONENTES ELECTRICOS SL the chosen option, both parts will have to abide. This decision
of the USER is without prejudice to the provisions of Article IV below for cases where the repair or replacement fails to bring the product into conformity with the contract.
- Any form of remedy that imposes on ERIA COMPONENTES ELECTRICOS SL costs that, in comparison with the other form of remedy, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconveniences for the USER, will be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement shall conform to the following rules:
- They will be free of charge for the USER.
- This gratuity shall include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
- They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
- The reparation suspends the computation of the time periods referred to in Article VII. The period of suspension will start from the moment the USER puts the product at the disposal of ERIA COMPONENTES ELECTRICOS SL and will conclude with the delivery to the USER of the repaired product. During the six months after the delivery of the repaired product, ERIA COMPONENTES ELECTRICOS SL will be responsible for the lack of conformity that motivated the repair. The same lack of conformity is presumed when the product reproduces defects of the same origin as those initially stated.
- The substitution suspends the periods 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.
- If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the USER may demand the replacement of the product, within the limits established in paragraph 2 of Article IV, or a price reduction or the termination of the contract under the terms of Article V.
- 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 forth in Article IV, paragraph 2, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
- 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 the termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The resolution shall not proceed 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.
- ERIA COMPONENTES ELECTRICOS SL is responsible for the lack of conformity that may appear within two years from the delivery. In the second hand products, ERIA COMPONENTES ELECTRICOS SL and the USER will be able to agree a shorter term, which will not be less than one year from the delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature
of the product or the nature of the nonconformity.
- Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
- The statute of limitations for claiming compliance with the provisions of the preceding articles expires three years after delivery of the product.
- The USER will have to inform ERIA COMPONENTES ELECTRICOS SL of the lack of conformity in the term of two months since he had knowledge of it.
In the absence of proof to the contrary, it shall be understood that the USER’s communication has taken place within the established term.
VIII) Action against the producer
When it is impossible for the USER to contact ERIA COMPONENTES ELECTRICOS SL due to lack of conformity of the products with the contract of sale, he/she will be able to claim directly to the producer in order to obtain the replacement or repair of the product.
With general character, and without prejudice that the responsibility of the producer ceases, in the same terms and conditions that those established for ERIA COMPONENTES ELECTRICOS SL, the producer will respond 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 thereof in the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.
The party liable to the USER shall have a period of one year to reimburse the party responsible for the lack of conformity. This period is computed from the time of the completion of the cleanup.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of products or services subject to 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 SAN SEBASTIAN DE LOS REYES (Spain).