Terms & Conditions
This contractual document will govern the General Conditions of contracting products or services (hereinafter, "Conditions") through the website productosleopard.com, owned by ABRASIVOS NOVELDA SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
You have read, understand and understand what is stated here. It is a person with sufficient capacity to hire.
Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and knows 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is ABRASIVOS NOVELDA SL, with registered office P.I. Walaig. Monforte-Agost Road, Km 1 . 03670 Monforte del Cid (Alicante) SPAIN, NIF B03846169 and with customer service telephone / USER +34 965 620 175.
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for 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 relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
5. Force majeure.
7. Offer Overview.
8. Price and period of validity of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable Warranties.
13. Warranties and Returns.
14. Governing Law and Jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply 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. SENDING ORDERS The PROVIDER
You will not send any orders or activate any services until you have verified that payment has been made. Shipments of goods will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER. Failure to perform the distance contract The delivery dates or deadlines will be understood as approximate, not constituting the delay essential breach.
In the event that the PROVIDER has not made the delivery of the goods, after 30 days from the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid twice the amount due, without prejudice to his right to be compensated for damages suffered in excess of said amount. The delivery time is usually between 2 and 5 working days, depending on the destination population and the payment method chosen. This term is understood provided that the availability of the goods has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete. The delivery will be considered made at the moment in which the carrier has made the products available to the USER and this, or the delegate of this, has signed the document of receipt of the delivery.
It is up to the USER to verify the products upon receipt and expose all the caveats and claims that may be justified in the document of receipt of the delivery. In the event that the contracting does not involve the physical delivery of any product, but an activation of some services, these being directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to perform this download.
3. RIGHT OF WITHDRAWAL The USER
You have the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). 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 and, in case of provision of a service, from the same day of activation and / or download of the same.
The right of withdrawal may not be applied 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 or these are not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
5. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.
6. In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
7. In the supply of products made according to the specifications of the USER or clearly personalized.
8. In the supply of products that may deteriorate or expire quickly. Any return must be communicated to the PROVIDER, requesting a return number through the form provided for it, or by email to email@example.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense, at the address of ABRASIVOS NOVELDA SL, Pol. Walaig Ctra. Monforte-Agost km 1 Monforte del Cid (Alicante) SPAIN
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: ABRASIVOS NOVELDA SL, Pol. Walaig Ctra. Monforte-Agost km 1 Monforte del Cid (Alicante) SPAIN
Phone: +34 965 620 175
Online Dispute Resolution In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called 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, being able to finally suggest and / or impose a solution to the conflict. Link to ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETITION The USER
You may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any provision of these conditions is considered null or impossible to fulfill, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer modification in any way. The USER declares to have read, know and accept these Conditions in their entirety.
7. OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of ABRASIVOS NOVELDA SL or to what is stipulated herein, 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 improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered.
These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY PERIOD 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 shipping, handling, wrapping, shipping 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 the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not 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 that he has informed 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 through the customer service telephone number of the PROVIDER +34 965 620 175 or via email to the address firstname.lastname@example.org.
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation or download, or complementary services, unless expressly agreed otherwise in writing. The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address. The maximum transport fare applied is as follows:
Peninsula up to 2 Kg: .......... €
Peninsula > 2 Kg to 10 Kg: .......... €
Peninsula > 10 Kg: .......... €
Outside peninsula up to 2 Kg: .......... €
Outside peninsula > 2 Kg to 10 Kg: .......... €
Outside peninsula > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS The PROVIDER
It allows the following ways to make the payment of an order:
Bank transfer: a discount of ........... % will be applied for prompt payment.
Cash on delivery: a charge of ........... % (minimum € 3) will be applied as a collection fee.
Payment will not be accepted if it exceeds ........... €.
Credit card: no discounts or charges will apply.
Payment by card will not be accepted if it exceeds ........... €.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user / client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder or Cardholders.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The baskets have no 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 following steps for its correct formalization:
1. - Verification of billing information.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy). Once the order has been processed, the system instantly sends an email to the management department of the PROVIDER and another to the USER's email confirming the completion of the order. Orders (purchase requests) In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the date of shipment and / or approximate delivery.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in 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.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on 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: Article 114.
The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope.
1. Contracts for the sale of products and contracts for the supply of products to be produced or manufactured shall fall within the scope of this Title.
2. The provisions of this Title shall not apply to products acquired by judicial sale, to water or gas, when they are not put up for sale in limited volume or quantities, and to electricity. Nor will it apply to second-hand products purchased at an administrative auction that consumers and users can attend personally.
Article 116. Conformity of the products with the contract.
1. Unless proven otherwise, the products shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless due to the circumstances of the case any of them is not applicable:
a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
(b) Are suitable for the uses for which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the consumer and user when he has informed the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use. (d) present the usual quality and performance of a product of the same type which the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, producer or their representative, in particular in advertising or labelling.
The seller shall not be bound by such public statements if he proves that he did not know and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase the product.
2. The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
Article 118. Responsibility of the seller and rights of the consumer and user.
The consumer and user has the right to repair the product, its replacement, the price reduction or the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between demanding repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate to the seller the chosen option, both parties must abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. A remedy which, in comparison with the other, imposes unreasonable costs on the seller shall be considered disproportionate, 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 whether the alternative remedy could be carried out without major inconvenience for the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.
Article 120. Legal regime of the repair or replacement of the product.
Repair and replacement shall conform to the following rules:
a) They will be free for the consumer and user. This gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They must be carried out within a reasonable time and without major inconvenience for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
(c) Reparation suspends the calculation of the time limits referred to in Article 123. The suspension period will begin from the moment the consumer and user makes the product available to the seller and will conclude with the delivery to the consumer and user of the product already repaired. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) If the repair is completed and the product delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
e) The substitution suspends the periods referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. The second paragraph of Article 123.1 shall apply to the substitute product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products. Article 121. Price reduction and termination of the contract.
The price reduction and the termination of the contract will proceed, at the choice of the consumer and user, when the latter could not demand repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconveniences for the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
Article 122. 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 had it been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.
Article 123. Deadlines.
1. The seller is liable for lack of conformity that becomes apparent within two years of delivery. In second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery. Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the six months after the delivery of the product, whether new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to have been made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever is later.
3. The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary justification of the delivery of the product, stating the date of delivery and the lack of conformity that originates the exercise of the right. In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery stating the date of this and, where appropriate, the repair made. 4. The action to claim compliance with the provisions of Chapter II of this title shall be time-barred three years after delivery of the product. 5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not entail the loss of the right to sanitation that corresponds, being responsible the consumer and user, however, for the damages or losses actually caused by the delay in communication. Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When the consumer and user finds it impossible or involves an excessive burden to address the seller for the lack of conformity of the products with the contract, he may claim directly from 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, for the purposes of this title, within the same terms and conditions as those established for the seller, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. This period is computed from the moment in which the sanitation was completed.
APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established.
The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Alicante (Spain).