Gocar Electronic, S.L. with registered office at C/ Albasanz, 75 4 A, 28037 Madrid, Spain and Tax ID number B-85793966
Definitions
Conditions
Prices
Payment
Order Security
Ordering
Delivery
Inspection, defects and non-delivery
Returns
Description
Risk and Property
Warranty
Exclusion of Liability
Customers, Employers or Professionals
Legal Interpretation
Definitions
“Catalog”: The catalog, in any of its formats, whether paper or electronic.
“Company”: Gocar Electronic, SL with fiscal address at C/ Albasanz, 75 4 A, 28037 Madrid, Spain and CIF B-85793966.
“Conditions”: These general conditions.
“Contract”: Any contract concluded between the Company and the Customer for the sale and purchase of Supplies.
“Customer”: The person(s) or company(ies), whose order(s) for Supplies have been accepted by the Company.
“Goods”: any goods supplied or to be supplied by the Company to the Customer.
“Services”: any services provided or to be provided by the Company to the Customer.
“Supplies”: Any Goods or Services.
“in writing”: Includes electronic communications.
2. Conditions
All orders placed with the Company if accepted by the Company shall be deemed to be accepted subject to the provisions of these Conditions. These Conditions supersede and cancel any terms and conditions of any negotiations between the Company and the Customer and supersede and cancel any existing dealings, agreements, dealings and covenants between the Company and the Customer and those set out in the Customer’s standard terms and conditions. If there is any conflict between:
I.- The provisions of the Catalog and these Conditions;
II- The terms of the order and these Conditions shall prevail, unless otherwise agreed in writing by a duly empowered representative of the Company with powers of attorney of the Company sufficient to do so and registered in the Commercial Register. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation of these Conditions is permitted unless expressly authorized in writing by a duly authorized representative of the Company under a power of attorney sufficient to act on behalf of the Company to do so duly registered in the Commercial Register.
3. Prices
The prices for the Supplies are quoted in Euros, exclusive of VAT, which shall be added at the time of invoicing. The prices are those appearing on the Company’s website, but the Company reserves the right to change its prices without prior notice at any time. The prices in effect will be those prevailing when an order is accepted.
The total amount shown on the “Payment” screen includes taxes.
The prices are also detailed in the confirmation of receipt of the order, which the user can print or download in case he/she needs to consult it. Gocar Electronic recommends paying the exact amount by specifying the reference number.
4. Payment
The only available payment methods are displayed once you have logged in to our website and reviewed the order you intend to place.
Payments can only be processed if the billing information can be verified. If the User uses the credit/debit card payment method, the financial institution will deduct the amount of the purchase as soon as the POS authorizes the operation. If the User uses the bank transfer payment method, GOCAR ELECTRONIC will send the order after receiving the full payment of the amount. The User is recommended to make individual transfers per order, including the unique reference number given in the order confirmation. The bank transfer may take a few days to become effective in GOCAR ELECTRONIC’s system. In the event that 96 hours have elapsed since the User placed the order without GOCAR ELECTRONIC having received the transfer, GOCAR ELECTRONIC will cancel the order.
The Company reserves the right to charge for copies of invoices or credit notes, 1 Euro plus VAT per copy, when the original has been lost or misplaced by the Customer. If legal proceedings are instituted against the Customer for amounts due to the Company, the Company shall be entitled to charge the Customer for any and all costs incurred by the Customer in connection therewith, including attorney, solicitor, court and travel fees and any other costs.
Invoices will be sent electronically to the e-mail address provided in the application registration process. It is possible to change this option or request a paper invoice by contacting the administration department at administracion@gocarelectronic.es. If you require a printed invoice, Gocar Electronic reserves the right to charge for postal delivery costs.
5. Order Security
The entity in charge of processing payments made to GOCAR ELECTRONIC through the Web applies the SSL (Secure Socket Layer) security protocol, one of the strongest encryption platforms currently available. The credit card data used by the User will be encrypted as soon as they are provided and until the transaction has been processed. GOCAR ELECTRONIC will not store this information in any server.
Despite the use of security software with encryption, the security of information and payments transmitted over the Internet or by e-mail cannot be guaranteed today. GOCAR ELECTRONIC shall not be liable for damages arising from the use of electronic means of communication, including, but not limited to, damages arising from a failure or delay in the sending of electronic communications, interception or manipulation of electronic communications by third parties or by means of computer programs used for the transmission of electronic communications or viruses.
6. Orders
The User must have an e-mail address in order to place orders correctly. The User must configure his/her browser to accept cookies and pop-up windows (“pop-ups”) so that he/she can make full and proper use of the Web.
In order for the User to place an order correctly through the Web, he/she must complete the following simple steps:
Locate the products that the User wishes to purchase.
Add the selected products to the shopping cart of the Web.
Identify or create a new and non-transferable account for each User.
Review all the elements of the selected purchase.
Select the method of payment for the purchase.
Formalize the order by clicking on the submit order tab.
The order will be correctly formalized at the moment the User receives an online order confirmation.
The User will be obliged to purchase the ordered products at the moment he/she clicks on the “I confirm my order” tab at the end of the purchase process. Upon clicking the “I confirm my order” button, the order requested by the User will be sent to GOCAR ELECTRONIC for processing. As soon as GOCAR ELECTRONIC receives a User’s order, an automatic confirmation of receipt of order will appear on the Web which will include the order number and the details of the purchase made by the User. The purchase agreement between GOCAR ELECTRONIC and the User is concluded as from that moment.
GOCAR ELECTRONIC will automatically send a copy of the confirmation of receipt of the order to the e-mail address provided by the User.
GOCAR ELECTRONIC advises the Users to print or download a copy of the order confirmation sent by GOCAR ELECTRONIC, in case it is necessary to consult it later. GOCAR ELECTRONIC expressly reserves the right not to accept orders from Users or to cancel purchase agreements, even after receipt of the order confirmation.
The minimum amount of an order that a Customer may place is 100 Euros plus VAT.
Once accepted, no order may be cancelled without the prior written agreement of a duly authorized representative of the Company by means of a power of attorney sufficient to act on behalf of the Company for this purpose, duly registered in the Commercial Registry.
7. Delivery
The Company shall use all reasonable endeavours to dispatch the Goods ordered within 24 to 48 hours, depending on the time of receipt thereof when the Goods are in stock. Such deliveries are usually offered free of freight charges for orders within mainland Spain over 100 €.
Canary Islands, Balearic Islands, Ceuta and Melilla: postage is always due, and the customer will negotiate with the carrier directly.
The minimum order is always 100€.
Where the Goods ordered are non-stock items, and the Company is unable to arrange delivery within 24/48 hours, the Company will use all reasonable endeavours to notify delivery times for such Goods, where known and under no circumstances will be liable to indemnify the Customer for non-delivery, non performance, or delivery or performance.
Delivery of the Goods which are the subject matter of the Supplies shall be deemed to have been made when the Goods are made available at the address specified by the Customer and the performance of the Services which are the subject matter of the Supplies shall be deemed to have been made at the address specified by the Customer.
8. Inspection, defects and non-delivery
The Customer must imperatively inspect the Supplies as soon as reasonably practicable after delivery or, in the case of Services, inspect their due performance, the Company shall not be liable for any defect in the Supplies unless the Company receives notice from the Customer in writing notifying it of the existence thereof stating in detail the defect within 10 calendar days of such date.
The quantity of any shipment of Goods, stated by the Company on dispatch shall, unless the Company is guilty of fraud or gross negligence, be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can produce evidence to the contrary. The Company shall not be liable either for any failure to deliver the Goods or for any failure to perform the Services unless notice is received by the Company from the Customer within 10 calendar days of the date on which the Goods should have been delivered or the Services performed in the ordinary course of business. Any liability of the Company for non-delivery or non-performance or because the Goods are notified to be defective on delivery or because the Services are notified to be defective after performance in accordance with the provisions of this Condition 8 shall be limited in the absence of wilful misconduct or gross negligence to the replacement of the Goods, or to the re-performance of the Services within a reasonable time, or to the refund of the price paid in respect of such Supplies.
9. Returns
Prior to the return of any Goods to the Company for any reason, the Customer must contact the Company to obtain a return authorization number (“RMA”). All Goods shall be returned at Customer’s risk and expense and must not be damaged by Customer and must be packed in their original packaging. The Customer is responsible for returning the Goods to the Company and for retaining proof of delivery of such return.
The Company operates on a 21 day return basis. For a return to be accepted on this basis, the Goods must be returned for receipt by the Company within 21 calendar days of dispatch. The Customer must return the Goods to the Company at the address notified to the Company in writing, clearly indicating the Customer’s account number, order number and RMA on the outside of the package.
If Goods are returned after 21 calendar days for any reason the Company may not accept or accept such return at its sole and absolute discretion. If the return is accepted by the Company, a return shipping charge of 20% of the value of the material with a minimum of 10€ will be charged.
The Company will also apply this rate when the return is due to Customer error, even when made within 21 days.
Any antistatic Goods or moisture sensitive components, supplied in sealed packaging, cannot be returned if the blister or “easy-open” packaging in which it was shipped has been opened, tampered with or damaged.
10. Description
All specifications, drawings, illustrations, descriptions and specifications of weights, dimensions or capacity and other data, including without limitation, statements in relation to compliance with statutory or regulatory standards (collectively “the Descriptions”) wherever they appear (including without limitation in this Catalogue, despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but do not form part of the Contract. If the Descriptions of any Goods differ from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the adequacy of the Descriptions, but shall rely for this purpose on such information, if any, as may have been supplied to it by its suppliers and shall not be liable either contractually or extra-contractually, or on the basis of any statutory, regulatory or other rule, or for any circumstances whatsoever, except in the case of wilful misconduct or gross negligence on its part, for any errors or omissions in such Descriptions, whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of an improvement program or to meet legal or regulatory requirements at any time.
11. Risk and Property
Risk of damage to or loss of the Goods shall pass to the Customer when the Goods are made available at the address specified by the Customer. Ownership of the Goods shall not, however, in any event pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the Company.
Until property passes to the Customer, the Customer shall look after the Goods as an experienced custodian with the utmost diligence. If payment is not received in full by the due date, or the Customer is dissolved, or a court of law orders its dissolution, or the Customer defaults in any of its obligations to the Company, the Company shall be entitled, without notice, to recover possession of the Goods and for that purpose to enter upon any premises in the possession of or owned by the Customer.
This Catalogue shall at all times remain the sole and exclusive property of the Company.
12. Warranty
The Company will endeavour to transfer to the Customer the benefit of any warranty given by the manufacturer of the Goods.
The Company will, free of cost to the Customer only repair, or at the Company’s option, replace the Goods or, in the case of Services, re-perform Services in respect of which it has been proved to the Company’s reasonable satisfaction to be damaged or defective due to defective materials, defective workmanship. This obligation shall not exist:
I. If the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company.
II. If the Customer has failed to follow the manufacturers’ instructions for the storage, use, installation, operation or maintenance of the Goods.
III. If the Customer has failed to notify the Company of any defects in accordance with Condition 8 where the defect would have been reasonably discoverable on reasonable inspection.
IV. If the Customer fails to notify the Company of the defect within 12 months (or such period as may be specified by the Company at the time of acceptance of the order for the Supplies) from the date of despatch of the Goods or performance of the Services.
Any replacement of Supplies or repair of the Goods made in accordance with this Condition 12 shall be warranted on these terms for that portion of the unexpired warranty period granted on the original Supplies. Any Goods which have been the subject of replacement shall belong to the Company.
13. Exclusion of Liability
The Company does not exclude its liability to the Customer for any reason for which it would be imperatively unlawful for the Company to exclude its liability or attempt to exclude its liability or for wilful misconduct or gross negligence.
Save as provided in Conditions 8 (inspection, defects on delivery and non-delivery), and 12 (Warranty) and this Condition 13, the Company shall not be liable to the Customer in any way (whether contractually or extra-contractually, including in negligence, breach of any statutory duty, restitution or otherwise) for any personal injury, direct or indirect damage, consequential loss, including all of the aforesaid three terms, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, and computer non-functioning, depreciation of goodwill, business interruption, increased acquisition costs, increased production costs, loss of opportunity, loss of contracts, and any similar, howsoever caused or resulting from, or in connection with:
Any of the Supplies, or the manufacture, sale, performance or supply or failure to supply or delay in the performance or completion of the Supplies by the Company or by the Company’s employees, agents or subcontractors
Any breach by the Company of any of the express or implied terms of the Contract.
Any use made or resale or failure to supply any of the Supplies or any product incorporated into any of the Goods or developed using the Supplies.
Any acts or omissions of the Company at the Customer’s premises.
Any statement made or not made, or advice given or not given, by or on behalf of the Company.
Any other matter, howsoever arising under the Contract.
And the Company excludes, to the fullest extent permitted by, Law, all conditions, warranties and stipulations, express (other than those set out in these Conditions) or implied, set out in a rule, by custom or which would or might otherwise subsist in favour of the Client if this exclusion had not been made.
The Company’s total liability whether in contract, extra-contractual (including negligence), for breach of a statutory duty, for misrepresentation or otherwise, shall be limited to the repair or replacement of the Goods, or in the case of Services, to the re-performance of the Services or, at the Company’s option, to the refund of any sums already paid in respect of the Supplies, unless the Company is guilty of fraud or gross negligence or any applicable mandatory rule.
Each of the Company’s employees, representatives, managers, agents and subcontractors may rely on and benefit from the exclusions and restrictions of liability set out in the provisions set out in these Conditions.
14. Customers, Employers or Professionals
The Company is an entrepreneur and shall only make supplies to entrepreneurs or professionals acting as such subject to these Conditions. The Catalogue and any product or professional specifications and brochures prepared by the Company are intended for use by businessmen or professionals and not by consumers. By placing the order, the Customer confirms that it wishes to obtain the Supplies for business and/or professional purposes and not as a consumer.
15. Legal Interpretation
All Contracts shall be governed by and construed in accordance with Spanish substantive law.
THESE CONDITIONS OF SUPPLY SUPERSEDE ALL AGREEMENTS, EXPRESS OR IMPLIED, ORAL OR WRITTEN.
APRIL 19
Albasanz 75, 4A
28037, Madrid, Spain