GENERAL CONDITIONS OF CONTRACTING
This contractual document will govern the contracting of products and services through the website, owned by ATACHO S.L.U., hereinafter PROVIDER.
Acceptance of this document implies that the USER:
-You've read, you understand and you're agree with this text.
-He 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 website.
The PROVIDER reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
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On the one hand, the supplier of the goods or services contracted by the USER is ATACHO SLU, with registered office at Polígono Industrial La Cámara, Calle Aznalcázar, 21, Pilas (Seville), Spain, CIF B41532862 and with customer service telephone / user 955752890.
And on the other, the USER, registered on the website through 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 sales relationship born between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
CONTRACTING PROCEDURE
The USER, in order to access the services or products offered by 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 treated in accordance with the provisions of current regulations on protection of personal data, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and Organic Law (ES) 15/1999 of December 13 (LOPD) regarding the Protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not making them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorized third party. , so that it proceeds to the immediate block.
Once the user account has been created, it is informed 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.Shipment of orders.
3.Right of withdrawal.
4.Claims
5.Overwhelming force.
6.Competition.
7.Generalities of the offer.
8.Price and period of validity of the offer.
9.Transportation expenses.
10.Payment method, expenses and discounts.
11.Purchasing process.
12.Applicable Guarantees
13.Guarantees and returns.
14.Applicable 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 will not send any order until it has verified that the payment has been made.
Shipments of goods will usually be made through EXPRESS MESSENGERY (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
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The dates or deadlines will be understood as approximate, not constituting the essential default delay. In the event that the PROVIDER had not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid at no cost, and without that derives no liability for damages attributable to the PROVIDER.
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The delivery period is usually between 2 and 5 working days, depending on the target population and the payment method chosen. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
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The PROVIDER will not assume any responsibility when the delivery of the product or service does not reach to be performed, as the data provided by the USER, 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 he, or his delegate, has signed the document of receipt of the delivery.
It is up to the USER to verify the products upon receipt and to expose all the exceptions and claims that may be justified in the document of receipt of the delivery.
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In the event that the contracting 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 that must be followed to perform this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects presented by 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, for the return of the product (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.
The right of withdrawal cannot be applied in the following cases:
-If the product is not presented in perfect condition.
-If the product packaging is not the original or these are not in perfect condition. The original packaging must protect the product in such a way that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
-When the product is open without being able to prove 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 enabled for this, or by email to info@atacho.com, indicating the invoice or order number.
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Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at their expense, at the address of the La Cámara Industrial Estate, Aznalcázar Street, 21, Pilas (Seville), Spain.
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4. CLAIMS
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
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Adress: La Cámara Industrial Estate, Aznalcázar Street, 21, Pilas (Seville), Spain.
Telephone: +34 955752890
Email: info@atacho.com
RESOLUTION OF ONLINE LITIGATIONS (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 the 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.
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Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation will be delayed until the termination of the force majeure case.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
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If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present General Conditions in all its extension.
7. GENERAL OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.
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No modification, alteration or agreement contrary to the Commercial Proposal of ATACHO S.L.U., or here stipulated will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular pacts will prevail.
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Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supply of the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) as well as other taxes that may be applicable. These will be applied in formalizing the basket according to the shipping and billing address and will be expressed in the EURO currency. These expenses, 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.
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The prices applicable to each product are those published on the website. The USER assumes that the economic valuation of some of the products may vary in real time.
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Once a quote has been requested, the prices offered for the products will have a minimum validity of 24 hours from the acceptance by the PROVIDER. At the time of acceptance, the USER will receive an email indicating the availability of the product and will be invited to make the purchase. Only from this moment will you have the possibility to make the purchase.
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Before making the purchase you can check online all the details of the budget: items, quantities, price, transport costs, charges, discounts and the total purchase. Prices may change daily while the order is not placed.
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Once the order is placed, prices will be maintained whether or not product availability is available.
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9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs 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 rate applied is as follows:
-For orders with less than € 50.00 a cost of € 9.05 in transport.
-For orders with an amount between € 50.00 and € 75 a cost of € 7.22 in transport.
-For orders with an amount exceeding € 75 free transportation.
-The minimum order is € 25.
At the prices indicated, the VAT in force at the time of order billing must be added.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows 1 way to make the payment of an order:
Credit card.
Then, inform about the security systems implemented in the payment process (secure data transmission, security protocols, etc.).
11. PURCHASE PROCESS
I) Basket (simulation of budget)
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Any product from our catalog can be added to the basket. In this, only the articles, quantity, price and total amount (with VAT) will be observed. Once the basket is stored, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
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The baskets have no administrative ties, it is only a section where you can simulate a budget without any commitment by both parties.
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From the basket you can make a budget following the 3 steps necessary for proper formalization:
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-Checking the billing information.
-Checking the shipping address.
-Selection of the payment method.
Once the budget has been processed, the system instantly sends an email to the PROVIDER's management department.
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II) Budgets (confirmation before buying)
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Once the budget has been received by the PROVIDER management department, the availability of the products is checked and, within a maximum of 24 hours on working days, confirmation of this availability is sent to the USER's email.
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Once the confirmation is received, the USER can check the availability and make the purchase (order).
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The budgets that have products available, will remain active for 10 days. After this time, if the purchase (order) is not made, they will be automatically canceled.
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III) Orders (purchase request)
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From the Orders section, you can consult the saved budgets and process the order using the BUY button. Once the purchase of a budget is processed, it will be considered an ORDER made in firm and about to issue.
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In a maximum of 24 hours, in working days, an email will be sent confirming the status of the order and the date of shipment.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a guarantee period of two years, according to 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.
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13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:
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I) Compliance of the products with the contract
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1. Unless proven otherwise, it shall be understood that the products are in accordance with the contract provided that they meet all the requirements set forth below, unless, due to the circumstances of the case, none of them is applicable:
Conform to the description made by ATACHO S.L.U.
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They are suitable for the uses to which ordinarily the products of the same type are destined.
Are suitable for any special use required by the client when they have informed ATACHO S.L.U. at the time of the conclusion of the contract, provided that he has admitted that the product is suitable for this use.
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Present the usual quality and performance of a product of the same type that the customer can fundamentally expect, given the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ATACHO S.L.U.
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ATACHO S.L.U. It describes the details, the technical characteristics and the photographs of the products provided by the manufacturer thereof, so that you are not bound by these public statements
2. Responsibility for non-conformance that the USER knows or could not ignore at the time of the conclusion of the contract or that originate in materials supplied by the USER will not proceed.
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II) Responsibility of the PROVIDER
ATACHO S.L.U. will respond to the USER of any lack of conformity that exists at the time of delivery of the product. ATACHO S.L.U. recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose to demand repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to ATACHO S.L.U. the option chosen, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of sanitation imposed on ATACHO S.L.U. will be considered disproportionate. costs that, in comparison with the other form of sanitation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
Repair and replacement will conform to the following rules:
-They will be free for the USER.
-This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs.
-They will be carried out in a reasonable 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 calculation of the terms referred to in Article VII. The period of suspension will begin after the USER makes the product available to ATACHO S.L.U. and conclude with the delivery to the USER of the product already repaired.
-The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the substitute product in any case.
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If the repair is completed and the product is delivered, it remains non-compliant with the contract, the USER may require the replacement thereof, within the limits established in Article IV
(2), or the price reduction or termination of the contract. under the terms of article V.
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If the replacement fails to bring the product into conformity with the contract, the USER may require the repair of it, within the limits established in section 2 of Article IV, or the reduction of the price or termination of the contract in the terms of Articles V and VI.
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The USER may not require replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract termination
The price reduction and the termination of the contract will proceed, at the option of the USER, when the latter cannot demand the repair or replacement of the product and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for USER. The resolution will not proceed when the lack of conformity is of little importance.
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VI) Criteria for price reduction
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The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
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VII) Deadlines
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The USER, Once the first 14 calendar days have elapsed since delivery, in which the customer may return an order to ATACHO S.L.U. or request a change because a product is defective, the customer must go to the warranty. The guarantee of the products, as in any sale, is that offered by the manufacturer. ATACHO S.L.U. will respond to the buyer of any lack of conformity that exists at the time of delivery of the product, in accordance with art. 114 of Royal Legislative Decree 1/2007 of November 16. This is specified for each product by clicking on the manufacturer, where you can also consult how to process it, with contact information and addresses. In any case, whenever you have any problem in this aspect, or are not satisfied with the treatment received, you can contact ATACHO S.L.U. And we will make the necessary arrangements directly with the manufacturer.
In addition to the above, all products have a guarantee in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws .
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VIII) Action against the producer
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When the USER finds it impossible or involves an excessive load, contact ATACHO S.L.U. Due to lack of conformity of the products with the contract of sale, you can claim directly from the producer in order to obtain the replacement or repair of the product.
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In general, and notwithstanding that the producer's responsibility ceases, within the same terms and conditions as those established for ATACHO S.L.U. 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 regulations that regulate them.
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It is understood by producer, the manufacturer of a product or the importer thereof in the territory of the European Union or any person who appears as such by indicating on the product its name, brand or other distinctive sign.
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Who has responded to the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
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14. APPLICABLE LAW AND JURISDICTION
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These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the USER's domicile.
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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 Courts closest to the town of Pilas (Sevilla) Spain.
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