INDEX:
Descrption of the right of withdrawal
Exceptions to the right of withdrawal
BROKEN, DEFECTIVE OR WRONG PRODUCTS
INDUSTRIAL AND INTELLECTUAL PROPERTY
VIRUSES,PIRACY AND OTHER COMPUTER ATTACKS
OUR RIGHT TO MODIFY THESE TERMS
APPLICABLE LAW AND JURISDICTION
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
AREA OF APPLICATION
The sales contracts concluded through electronic commmerce between the [LSSI_WEB] store and the consumer will be governed by the following General Contract Conditions. Please read these Conditions, our Cookies Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you consent to be bound by these General Conditions of Contract and by our Privacy Policies, so that, if you do not agree with all the provisions of the General Conditions of Contracting and with the Privacy Policies, you should not use this website. If you have any questions related to the General Conditions of Contract or the Privacy Policies, you can contact us through the contact channels indicated in the following point.
OUR DATA
The purchase agreement is concluded with Avanterra Tech, S.L. You contact us by phone 647695862 or by email at consultas@nimerparts.com
LANGUAGE
The contract is formalized in Spanish.
FILE OF THE CONTRACT
Contracts concluded in the online shop are archived. You can access the orders placed in your customer account or by sending an email to consultas@nimerparts.com.
HOW TO PLACE AN ORDER?
In order to browse the website, the user must necessarily be registred. In order to process the registration of the website and to proceed with the purchase, the Avanterra staff may contact you in order to assign you an username and password that will allow you to operate in the web store.
To find the item you want, you can browse all the sections of our website. By clicking on any of the sections you will find a wide variety of articles, the description, available sizes and their corresponding price. If you are looking for a specific item, you can find it using the built-in search engine on the web by entering any text that refers to the product you are looking for. If you do not find what you are looking for, please contact us so that we can help you find the product.
Once you have selected the item you want, you only need to press the “BUY” button. When a product is added to the shopping cart, we will automatically be able to view the status of your entire bag. At any time, you will be able to choose between continuing to shop or processing your order. If you continue shopping, the shopping bag will be visible at the top right of the screen at all times. By clicking there, you can view the entire content of the shopping bag and even modify it.
Once you have provided the necessary data for your shipment, you will access a form with all the information about the delivery and payment options. Once a Purchase Order is received, Avanterra will immediatly send an order placed to the indicated email address, once the order is processed, a second order confirmation will be sent.
Please review the order confirmation email and check that all details are correct. In the event that you notice that there is any erroneous information, you can contact customer service by calling 647695862, or by email at consultas@nimerparts.com.
CONCLUSION OF THE CONTRACT
By clicking on the “finish purchase” button, you issue a binding declaration of will by wich you accept the conclusion of the order, forcing yourself to pay for it. You will then receive an acknowledgment of receipt of your order, confirming the conclusion of the contract.
PRICE
The prices shown do not include Value Added Tax (IVA), since it is a contractual relationship that is carried out in a B2B manner, the amount of IVA is added in the payment document.
The applicable IVA rate will be that legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from IVA by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations, in each of these territories.
The client will be able to download the invoice of the purchases made by accessing the order history with his user password, as well as the delivery notes and budgets. However, the customer can request at any time that a copy of the corresponding invoice be sent to him by electronic means or on paper, at his choice.
PAYMENT METHODS
The method of payment for purchases will be selected during the purchase process and payment, depending on the method chosen, will be made at the end of the purchase process and will be an essential condition for its formalization.
The forms of payment accepted are the following:
Payment will be made trough any of the following means:
Purchases with a credit or debit card; the user must provide the name of the card holder, the number, the expiration date and the CVV. All the information will be processed through the CAIXA BANK bank POS.
Usual form of the client: in case of being a regular client of Avanterra whose form of payment is monthly, that form of payment will be maintained.
SHIPPING DEADLINES AND DELIVERY METHODS
As it is a totally personalized transaction for each client, the form and delivery times of the order will always be the one agreed between the entity and the client, always taking into account the needs of the client and providing a service that is best suited to their needs.
The closing of the contract takes place by telephone between the client and the commercial department of Avanterra.
Once the delivery method has been established, the client will be able to track their order at all times, as well as being informed of the agency in charge of making the delivery.
PASSING OF RISK
The risk of loss or deterioration of the merchandise will be transferred to the consumer when he or a third party indicated by him, other than the carrier, has acquired his material possesion. However, in the event that you are the one who orders the transport of the goods or the chosen carrier is not among those proposed by the entrepreneur, the risk will be transferred to the consumer and user with the delivery of the goods to the carrier, without prejudice to their rights against it.
It is important that you inspect the package at the time of delivery. If you detect that the package is in poor condition, claim the problem with the transport agency and contact us at the email consultas@nimerparts.com.
RIGHT OF WITHDRAWAL
Description of the right of withdrawal
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired physical possesion of the goods. In the event that you have purchased several products and the shipment has been divided, the right of withdrawal will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possesion of the last of those goods.
To exercise the right of withdrawal, you must notify us through an unequivocal statement of your decision to withdraw from the contract to Ctra.de Torre Pacheco, km 2, 30708, El Jimenado, MURCIA (for example, by sending a letter by postal mail), to the telephone number 647695862 or to the email consultas@nimerparts.com with the subject <<Exercise right of withdrawal>>. To do this, you can use the following withdrawal form model*, although its use is not mandatory.
* Attach the withdrawal form
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In the event of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on wich we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you from the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on wich condition is met first.
You must return or delivery the goods directly to us at any of our establishments open to the public or to Ctra.de Torre Pacheco, km 2, 30708, El Jimenado,MURCIA, without undue delay and, in any case, no later than the term of 14 calendar days from the date on wich you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the deadline has expired. You must bear the direct cost of returning the goods. Although, the calculation is merely indicative since it will depend on the type of product, its volume and weight, as well as the chosen company.
It will be essential that the products to be returned are in perfect condition, with all their accessories and original packing.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Return conditions
Submit the return request online in case of:
- Double order by mistake.
- Order multiple products to compare them.
- Unsuitable product.
- Quality received is not as expected.
- Insufficient information in the webshop.
- Request not necessary.
- Wrong order.
- Late order not canceled.
Call us to request a refund in case of:
- Wrong delivery.
- Damaged product delivery.
- Delivery volume greater than the order.
- Delivery volume less than the order.
- Double delivery.
- Imcomplete delivery.
Return process:
- Returns must be made through our website, in the customer area (for any questions, consult Tel. 647 695 862).
- Once all the steps indicated to process the return have been carried out, a RETURN NOTE will appear that you have to print and insert it into the box together with the merchandise to be returned.
- The order for the collection of the merchandise will be given by us through the corresponding agency and, therefore, it is not possible for the customer to send any return to our offices.
Return conditions
We want to make the return process as easy as possible. That is why you can return an order for free as long as the return policy is followed.
In order for the processing to be fast and correct, you must first register the products as returns from your client area.
Return policy:
- The deduction of the value of the return will be calculated as follows:
- Up to 1 month after the date of shipment: no deduction.
- 1-2 months after the date of shipment: 25 %.
- 2-3 months after the date of shipment: 35 %.
- The minimum amount per item in each line must be 10€.
- The amount of the total refund must be more than 50€ – if it is less, a deduction of 20€ will be applied for administrative expenses.
- Returns and warranty claims must always be requested in advance.
- Unauthorized returns will not be processed.
- In returns of items that are not in our catalogs, the return conditions of our suppliers will apply.
- Unfortunately we cannot process items that are excluded from the return or that arrive without prior registration. In this case, the resulting transport and storage costs will be borne by you and will take place at your own risk. In addition, the weight and dimensions fields must be filled in correctly and accompanied by the return document, otherwise it will not be accepted!.
Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to contracts that refer to:
- Items with shipping/invoicing date greater than three months.
- Items not in their original packaging.
- Packaging showing signs of damage.
- Items that have already been assembled.
- Open packaging.
- Items manufactured or ordered at the request of the client (SPEC).
- Items classified as dangerous goods.
BROKEN, DEFECTIVE OR WRONG PRODUCTS
If during the delivery of an order you detect that the packaging has been tampered with or damaged, you must write down the reason and the customer´s signature on the carrier´s delivery note.
If you receive a product with a factorty defect, tare or incorrect, you have 7 days from receipt of the order to return it, as long as you notify us within 48 hours of receipt of the order through our email consultas@nimerparts.com.
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack (declarered or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Law 7/1998, of April 13, on General Conditions of Contract.
- Royal Legislative Decree 1/2007, of November 16, wich approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
- Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by wich repeals directive 95/46/CE.
- Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
GUARANTEE
All the products offered on the website have the legal guarantee of conformity for 3 years in accordance with the conditions established in Royal Legislative Decree 1/2007, of November 16, wich approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
AFTER-SALES SERVICE
Our customer service is at your disposal to deal with any possible claim. You can contact us by phone 647695862, at the postal address Ctra.de Torre Pacheco, km 2, 30708, El Jimenado, MURCIA. You can also contact us by email at consultas@nimerparts.com
DOMAIN RESERVATION
Ownership of the product will be transferred by full payment of the price.
EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events caused by force majeure.
The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declaraded or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in wich the cause of force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the cause of force majeure.
We will use all reasonable means to end the force majeure event or to find a solution that allows us to perform our obligations despite the force majeure event.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use such material only as expressly authorized by us or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically damaging or harmful program or material.
You will not attempt to gain unauthorized access to this website, the server on wich the website is hosted, or any server, computer, or database associated with our website.
You agree not to attack this website via a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commision of offenses typified by the applicable regulations. We will report any breach of these regulations to the appropriate authorities and we will cooperate with them to discover the identity of the attacker.
Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to wich it redirects.
LINKS FROM OUR WEB PAGE
In the event of our website contains links to other web pages and materials from thrid parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we do not accept any responsability for any damage or loss arising from its use.
WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing, however, by using this website you accept that most of said communications with us are electronic.
We will contact you by email or provide you with information by posting notices on this website.
For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTIFICATIONS
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.
RESIGNATION
The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with said obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you through the different means of contact you provide us.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
OUR RIGHT TO MODIFY THESE TERMS
We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. These will not be retroactive and, with possible exceptions depending on the specific case, will be applicable after 10 days from the date of their publication in the corresponding notice. If you do not agree with the changes made, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanisnh legislation.
These General Conditions are subjet to and will be governed in accordance with the provisions of the laws of Spain, in particular in:
- Law 7/1998, of April 13, on General Conditions of Contract.
- Royal Legislative Decree 1/2007, of November 16, wich approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
- Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by wich repeals directive 95/46/CE.
- Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the consumer´s domicile.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions, as well as any query, complaint or claim through our contact form, telephone or postal or email address indicated in Clause 2 of these General Conditions of Contract.
In addition, we have official claim forms available to consumers and users. You can request them by calling 647695862 or through our contact form.
Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will inform you of and will allow you to monitor them. If you, as a consumer consider that your rights have been violated, you can send us your complaints through the email address consultas@nimerparts.com in order to request an out-of-court settlement of disputes.
