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GENERAL CONTRACT CONDITIONS OF ALBENTIA SYSTEMS S.A., with registered office at Margarita Salas, 22, 28919 Leganés (Madrid), Spain, with CIF A-84179514. Email address: sales@albentia.com.
1. Validity and definition
- These General Contract Conditions will be those that, exclusively, govern all contracts for the sale of products between ALBENTIA SYSTEMS S.A. and its clients, without prejudice to any express and written agreement to the contrary between the parties.
- It will be understood in all cases that the client, by purchasing a product or service from ALBENTIA SYSTEMS S.A., accepts by that same act these General Contracting Conditions.
2. Preparation of the contract
- By sending the corresponding order, the client will inform ALBENTIA SYSTEMS S.A. your offer to purchase products. Received an order, ALBENTIA SYSTEMS S.A. will accept the aforementioned offer from the client by sending to the client, as soon as possible, the corresponding acknowledgment of receipt. Until the acknowledgment of receipt is in the client's possession, ALBENTIA SYSTEMS S.A. reserves all rights to accept or not any order it may have received.
- The acknowledgment of receipt will contain a summary of the order, in any case comprehensive of the essential characteristics of the good, the identity of ALBENTIA SYSTEMS S.A. selling company, the address of its establishment along with telephone number, email, price, delivery information and applicable expenses, as well as, if applicable, the unavailability of any product.
- The acknowledgment of receipt will also allow the customer to access information regarding the conditions and ways to exercise the right of return and, if applicable, withdrawal, and to access the Customer Service to, if desired, terminate the contract.
- ALBENTIA SYSTEMS S.A. will adopt the appropriate technical measures so that the client can in any case print or archive the information contained in the acknowledgment of receipt.
- From that moment on, the client may request ALBENTIA SYSTEMS S.A. information by any electronic means, about the status of your order, as long as the nature of the good or service allows it.
3. Budgets and price
- The prices indicated in the catalog and website, especially on the latter's e-commerce platform, do not include VAT or any other tax, unless expressly indicated, and may vary without prior notice. In case of a typographical error, ALBENTIA SYSTEMS S.A. may proceed to cancel the order or negotiate a special price with the client.
- The prices indicated in the catalog and website, especially on the latter's e-commerce platform, do not include transportation, unless expressly indicated. The client has the option of contracting the shipment of material at ALBENTIA SYSTEMS S.A. during the purchasing process.
- In one case or another, ALBENTIA SYSTEMS S.A. is exempt from any responsibility for replacing material in the event of loss or damage during the journey between our warehouses and the delivery location set by the client, unless the client is a consumer, in which case the risk of loss or damage to the material is will be transmitted to the consumer when he or a third party indicated by him, other than the carrier, has acquired its material possession.
- However, the latter will assume the risk of loss or damage to the material upon delivery to the carrier when he himself has commissioned the transportation or the carrier chosen is not among those proposed by ALBENTIA SYSTEMS S.A.
- Without any responsibility on its part, ALBENTIA SYSTEMS S.A. may modify its catalogs and web pages (by adding or deleting products), as well as the prices of any product, without prior notice.
4. Payment terms
- In the case of purchasing products, payment by card will be made in full before delivery.
- The term established by ALBENTIA SYSTEMS S.A. to receive payment by bank transfer payment method of the entire amount of the order is four days in the case of orders made and paid for from Spain. If after these deadlines, ALBENTIA SYSTEMS S.A. If payment has not been received, the order will be cancelled. In any case, it is necessary for customers who place orders with a bank transfer payment method to send proof of payment by email to shop@albentia.com
5. Delivery of products or services
- To the extent possible, depending on stock, the nature of the good or service, or other relevant circumstances, ALBENTIA SYSTEMS S.A. An approximate delivery date will be specified in the order confirmation.
- ALBENTIA SYSTEMS S.A. will make every reasonable effort to make delivery within the agreed period.
- The place of delivery will be the one indicated by the client, as determined in the acknowledgment of receipt.
- ALBENTIA SYSTEMS S.A. will provide the necessary documentation that is in order and can be gathered, to facilitate the reception at destination of the items purchased at www.shop.albentia.com.
- Even after having acknowledged receipt of an order, ALBENTIA SYSTEMS S.A. will not proceed to issue it to clients who lack sufficient credit, who have unpaid products or who in general have litigation against ALBENTIA SYSTEMS S.A.
6. Liability derived from the contract
- In accordance with current legislation, ALBENTIA SYSTEMS S.A. will be obliged to repair damages caused by willful or negligent conduct of its employees. The aforementioned liability will be limited to the value of the product or service, unless the result has been death or bodily injury, in which case the limitations provided in these General Conditions will apply.
- The products will be used in accordance with the instructions and, where applicable, user manuals of ALBENTIA SYSTEMS or the corresponding manufacturer, if different. ALBENTIA SYSTEMS S.A. may add to the product documentation or to the information provided to the customer during the purchasing process, data related to the manufacturer's conditions, and the customer must accept them, as soon as they are applicable.
- ALBENTIA SYSTEMS S.A. is not in any way responsible for any circumstance derived from the application of information which may be those referring to the number of users, connections, real bandwidths, EIRP power or similar issues, as well as any characteristic subject to external factors such as conditions. weather, topography, network connections, user equipment, peripherals, accessories, etc., all of them indicated at a purely estimated level, based on data provided by the manufacturers of the equipment or the components that constitute them, favorable conditions of use , concurrency rates and normal configuration parameters.
- ALBENTIA SYSTEMS S.A. will not be liable in any way to its clients or third parties for: the consequences of the use of the product (isolated or in combination with others provided by the client itself or by third parties), whether direct or indirect damages, accidents suffered by people, damage to goods unrelated to the product, loss of profit or lost profits, damages resulting from deterioration or loss of data; or losses caused by force majeure, which must in all cases be understood as: natural or environmental phenomena or catastrophes, riots or revolts, insurrections, strikes or other labor disputes, wars, terrorist attacks, product shortages, interruptions in the provision of services, political or government acts, legal limitations or court orders.
- ALBENTIA SYSTEMS S.A. is not responsible for possible typographical or content errors in the characteristics of the products that may occasionally occur, and like prices, these characteristics are subject to change without prior notice.
- Photographs or images contained in graphic or digital documentation (in particular, on websites) are shown for guidance purposes only, without ALBENTIA SYSTEMS S.A. assume any responsibility derived from alleged inaccuracies in the characteristics of the product. Like prices, photograph or image specifications are subject to change without notice.
- Except prior written authorization from ALBENTIA SYSTEMS S.A., the client may not assign the rights or obligations that these General Conditions, as the case may be, confer or impose on it.
7. Returns
- ALBENTIA SYSTEMS S.A. offers its clients the possibility of evaluating the equipment or solutions purchased during a period of seven days from their delivery. During this period, the customer may return the equipment to ALBENTIA SYSTEMS S.A., in which case they must also request an RMA number using the corresponding form, bearing the shipping costs and risks thereof at their own expense. In this case, ALBENTIA SYSTEMS S.A., within thirty days following the date of receipt of the product, will refund the amount paid for the purchase. ALBENTIA SYSTEMS S.A. will deduct from the amount of the equipment to be reimbursed the corresponding to the expenses of the preconfiguration, programming and installation services, transportation and expenses, and that of all those after-sales services that have been used, as well as 10% of its value in concept of use and administrative expenses.
- ALBENTIA SYSTEMS S.A. will only accept the return of equipment within seven days of delivery if it is returned in perfect condition and with all the elements that make it up in their original packaging, and provided that they are not products manufactured in accordance with specifications. or individualizations suggested by the client.
8. Claims
- ALBENTIA SYSTEMS S.A. offers its customers the possibility of checking the equipment or components purchased and reporting any breakage or error in shipping by sending an email to shop@albentia.com within a maximum period of 48 hours
- In case you have not received the material, if ALBENTIA SYSTEMS S.A. If you do not receive your notice within 48 hours of the estimated arrival date, ALBENTIA SYSTEMS S.A. You will not be able to make the claim to the insurance company in time and the possible loss will not be covered. This Clause will be understood without prejudice to the provisions regarding contracts concluded with consumers in the preceding section B).
9. Repairs
Without prejudice to the warranty clauses provided for in these General Conditions, the customer may request repair of the product if it presents any fault, in accordance with the following conditions:
- The shipment of equipment due to breakdown will be done by prior request for an RMA number by the client by requesting it through the email shop@albentia.com. And no equipment will be accepted without the RMA form correctly completed.
- The equipment must be shipped in the box, envelope or packaging, and the RMA number provided by ALBENTIA SYSTEMS S.A. must appear. If several devices are sent in the same package, the RMA numbers of all of them must appear abroad. Shipping costs and risks will be borne by the customer.
- Once the equipment is received, a diagnosis will be made and a quote for the repair will be sent to the client, which the client must accept in order for the repair to proceed. Otherwise, the material will be returned with transportation and risk at the customer's expense.
- If you accept the repair estimate, which will include the cost of return transportation, ALBENTIA SYSTEMS S.A. will proceed to return the product to the customer. In the event that the repair is carried out under warranty, once the equipment has been repaired, ALBENTIA SYSTEMS S.A. will send it to the client postage paid. The equipment will be sent in the same packaging conditions and with the same elements and accessories provided by the client. All those equipment that, after the technical review, did not need any repair and whose operation was therefore correct, will incur an extra cost that will range between €30+VAT and €60+VAT as determined by our technical department and which must be paid before of the return of said equipment.
10. Payment methods and security of personal data
- ALBENTIA SYSTEMS S.A. offers the following payment options:
- Bank transfer
- Credit Card
- Paypal
In the case of bank transfers, the receipt will be required to be sent by email as proof of payment to shop@albentia.com, reserving ALBENTIA SYSTEMS S.A. the right to retain the merchandise until the bank receives the funds.
- ALBENTIA SYSTEMS S.A. does not store the credit card numbers of its clients in any way since it uses a bank payment gateway and, therefore, does not have access in any way to the data of the payment method used.
- The client accepts the treatment by ALBENTIA SYSTEMS S.A. of the personal data that you have provided, as a result of transactions carried out under these General Conditions. Said treatment will in all cases comply with the applicable legislation, as well as the Data Protection Policy of ALBENTIA SYSTEMS S.A., which the client can consult on the website http://www.albentia.com/.
11. Warranty: conditions of application
- All products manufactured by ALBENTIA SYSTEMS S.A. have been subjected to the most rigorous quality controls before leaving the factory, which is why ALBENTIA SYSTEMS S.A. guarantees for a minimum period of twenty-four months that said products are free of defects in materials and workmanship at the time of their original purchase by the Client from ALBENTIA SYSTEMS S.A. In the case of ALBENTIA SYSTEMS brand accessories, this warranty period will be 12 months. In the case of third-party products, the warranty period and conditions offered by the original manufacturer will govern. If the client is a final consumer, these warranty periods will be 36 months, in accordance with current legislation.
- The ALBENTIA SYSTEMS S.A. online store It is aimed exclusively at the B2B professional market, so in principle any transaction is governed by the legislation applicable to relationships between companies and/or professionals. If any final consumer purchases any product by this means, unless they notify ALBENTIA SYSTEMS S.A. Prior to purchasing the product, it is understood that you agree to submit to the B2B commercial relations regime.
- If during this warranty period the product manifests any defect due to materials and/or workmanship during its manufacturing, the Customer must inform ALBENTIA SYSTEMS S.A. to proceed with its repair. Subject to the warranty conditions set forth below, ALBENTIA SYSTEMS S.A. will proceed to repair the product without charge to the Customer for materials or labor.
- The repairs will be carried out at the Supplier's facilities, with the buyer of the Products being responsible for disassembly, packaging, loading, transportation, customs, taxes, etc., caused by the sending of the defective material to the Supplier's facilities and its subsequent return to the buyer.
- ALBENTIA SYSTEMS S.A. is not responsible nor will it assume any type of expense related to the uninstallation of the material, nor will it accept claims for damages or loss of profits due to failures in ALBENTIA SYSTEMS S.A. products. or breach of commitments with third parties. It will be the responsibility of the buyer to take the necessary measures to minimize the consequences of a possible failure in equipment, whether or not said failure is covered by the Supplier's warranty.
- ALBENTIA SYSTEMS S.A. will not be liable under any circumstances for any possible failures or defects that products provided by other manufacturers may have. It will be the manufacturer itself who will respond with its guarantee for any possible defects that the product may harbor. The client may verify in this same clause the rights he has and the warranty period offered by ALBENTIA SYSTEMS S.A.
- The warranty will not apply in the event that the customer's intervention is detected by opening or breaking warranty seals, or with respect to equipment that presents damage due to breakage or defects due to maintenance, improper use or treatment, falls, vandalism or analogous actions.
- The ALBENTIA SYSTEMS S.A. guarantee will not extend to damage caused to the product by exogenous causes, such as environmental disturbances, accidents or damage during shipping, attacks against computer security (viruses, cracking), software of the client or a third party, deficiencies related to the location of the installation, or imbalances in the supply of electrical current, among others of a similar nature; Nor will it cover claims related to the performance, useful life or quality of its products.
- Unless expressly agreed in writing to the contrary, ALBENTIA SYSTEMS S.A. does not guarantee the suitability of its products for the specific uses or performance that the client decides to give them or obtain from them. Nor is operation free of occasional malfunctions guaranteed.
- The guarantee will not take effect if the client maintains a situation of non-payment with ALBENTIA SYSTEMS S.A., prior payment of the outstanding debt being an essential condition to obtain guarantee coverage.
12. Warranty validity conditions
Albentia Systems will repair products with manufacturing defects without charge to the Client for materials or labor, provided that the following conditions are met:
- The product must be within the warranty period at the time of reporting the defect to the Albentia Systems technical staff.
- The defective product must be sent to Albentia Systems following the process described in this document.
- Third party products supplied but not manufactured by Albentia Systems will be governed by the warranty terms of the original manufacturer, so they will not be covered by the Albentia Systems warranty (see Warranty on Third Party Products section).
- The guarantee of the products only includes the repair of the same at the Albentia Systems facilities without charge to the Client in terms of materials or labor, so travel to the Client's home, expenses shipping and return of the product for repair, and the costs associated with the disassembly and assembly of the product in its place of operation.
- The warranty will not apply in the event that the Client's intervention is detected by opening or breaking warranty seals, or in respect of equipment that presents damage due to breakage or defects due to maintenance, improper use or treatment, falls, vandalism or analogous actions.
- The warranty will not cover products with defects not caused by the manufacturer's fault. Therefore, defects caused by the following causes, among others, will not be covered by the warranty:
- Mechanical damage arising from transportation
- Improper use or storage, falls and vandalism
- Losses that occur after the sale, such as fires, floods, or natural disasters
- Attacks against computer security (viruses, cracking), software of the Client or a third party
- Electric shocks due to lightning, surges or imbalances in the electrical current supply, even if protective elements recommended or provided by the Supplier have been used
- Deficiencies related to the location or adequacy of the installation
- Chemical or electrochemical effects of water, or inappropriate substances, oxidation or corrosion
- Operation outside the temperature range specified for the product
- Repairs carried out by personnel other than the Supplier and not authorized by it
- In general, any cause that is not attributable to the Supplier
- The guarantee will not be valid in the cases described above even if protection elements provided or not provided by the Supplier have been used, such as discharge protectors, or if the Supplier's installation recommendations have been followed, since These protection elements and recommendations have only a preventive or damage mitigating nature, the full effectiveness of which is not guaranteed.
- Likewise, those parts affected by normal wear and tear of the device such as tubes, rubber, etc., whose wear is part of the normal maintenance of the device, are not covered.
- The warranty will not cover any defects in the equipment's software that can be eliminated thanks to an update at your own expense.
- Unless expressly agreed in writing to the contrary, Albentia Systems does not guarantee the suitability of its products for the specific uses or performance that the Client decides to give them or obtain from them. Nor is operation free of occasional malfunctions guaranteed.
- The guarantee will not take effect if the Client maintains a situation of non-payment with Albentia Systems, the payment of the outstanding debt being an essential condition to obtain coverage of the guarantee.
13. Replacement Guarantee
- In order to avoid delays in resolving breakdowns and maintain the highest degree of operability in the client's equipment, ALBENTIA SYSTEMS S.A. offers the possibility of contracting the Replacement Guarantee Service. This service consists of the immediate replacement of the equipment sent with the corresponding RMA.
- Through this service, ALBENTIA SYSTEMS S.A. undertakes to have in stock equipment of equal or higher category than those contracted by the client, for immediate shipment once the damaged equipment is received.
- The Replacement Guarantee Service must be contracted at the time of purchase, specifying on the invoice the serial numbers of the equipment included in the contract.
- The Replacement Guarantee can only be applied simultaneously to as many pieces of equipment as there are units contracted at the time of purchase, that is, if the customer contracts the replacement guarantee for a piece of equipment, they can only send one of them with this modality. the equipment reflected in the invoice, if you hire two, you can send two equipment simultaneously, and so on.
- In the case of equipment that is less than one month old, ALBENTIA SYSTEMS S.A. will send a new unit of equal or superior equipment as replacement equipment. If the equipment is older than one month, ALBENTIA SYSTEMS S.A. will send a unit of equal or higher category that may have been previously used.
- Having the client contracted the Replacement Guarantee Service, if the failure of the equipment allows its operation and is also in a critical service position, the client may request prior shipment by ALBENTIA SYSTEMS S.A. of the replacement equipment to effect the replacement with the least possible impact. In this case, the client must deposit a deposit equivalent to the value of the equipment sent, which will be refunded once the damaged unit is received.
- To request a quote for this service, you must request a quote through shop@albentia.com
14. Customer service
- To resolve any doubt, incident or complaint related to your orders, or the products or services purchased, ALBENTIA SYSTEMS S.A. makes the email address shop@albentia.com available to its customers.
- In the event of a request for repair of products under warranty, the provisions of the previous clauses will be followed.
- For greater guarantee of its clients, ALBENTIA SYSTEMS S.A. will archive the file containing the main incidents relating to each of the complaints received.
15. Applicable legislation and conflict resolution
- Without prejudice to the legally recognized rights of clients who have the status of consumers, these General Conditions and their interpretation, as well as any disputes arising from the contract between ALBENTIA SYSTEMS S.A. and its clients will be governed by Spanish legislation.
- The ALBENTIA SYSTEMS S.A. online store It is aimed exclusively at the B2B professional market, so in principle any transaction is governed by the legislation applicable to relationships between companies and/or professionals. If any final consumer purchases any product by this means, unless they notify ALBENTIA SYSTEMS S.A. Prior to purchasing the product, it is understood that you agree to submit to the B2B commercial relations regime.
- With express waiver of their own jurisdiction, the parties submit to the jurisdiction of the Courts and Tribunals of the Community of Madrid (Spain).