General Terms of Sale
PAYMENT AND ELECTRONIC COMMERCE PLATFORM
READ THIS AGREEMENT CAREFULLY. THE ACCESS AND USE OF THIS ELECTRONIC PURCHASING PLATFORM, IMPLIES FOR ITS PART AN EXPRESS ACCEPTANCE AND WITHOUT RESERVATIONS OF ALL THE TERMS OF THESE CONDITIONS, HAVING THE SAME VALIDITY AND EFFECTIVENESS AS ANY CONTRACT WRITTEN IN WRITING AND SIGNED.
YOU SHOULD CAREFULLY READ THESE CONDITIONS EACH TIME YOU ACCESS AND USE THE ELECTRONIC ORDER PLATFORM.
THE FULFILLMENT OF THE PRESENT CONDITIONS WILL BE REQUIRED WITH RESPECT TO THE INTERNET CLIENTS SOLUCIONES MULTIMEDIA SL (FORWARDING INTERMEDIATE) AND ANY PHYSICAL PERSON WHO HAS ACCESSED THE ELECTRONIC PLATFORM AND MADE AN ORDER MAKING USE OF THE IDENTIFIER AND PASSWORD PROVIDED PREVIOUSLY. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRESENT GENERAL CONDITIONS OF USE, DO NOT ACCESS OR USE THE ELECTRONIC ORDER MANAGEMENT PLATFORM.
The present conditions are intended to regulate the conditions of access, use, request and order management through the electronic platform accessible from the website www.toad.es/shop (hereinafter, the Website) or from any other addresses Internet that lead back to it.
The present conditions have been exposed with due advance, in accordance with current legislation. Likewise, INTERMEDIA makes the present conditions available to users, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.
The request for orders through the electronic platform can only be made from the Internet, through the Website.
2. SPECIFIC CONDITIONS OF THE ELECTRONIC PLATFORM.
2.1 Acquisition of the user condition.
The use of the electronic platform of orders of INTERMEDIA is limited only to those who acquire, store or use the products distributed by INTERMEDIA, in order to integrate them into production processes, transformation, marketing or provision to third parties.
In any case, only users of the electronic platform may be users who, previously, are clients or have accessed it by using an identifier and password provided to a client.
2.2. Access and use of the platform.
To access to the electronic platform and be able to make and manage orders, you must use an identifier and password previously provided by INTERMEDIA to your customers. One or more identifiers may be provided to each client.
In any case, the client will be the only responsible of the identifier and password use made by the individuals to whom they have been able to communicate. All orders made, prior identification and authentication, through the identifier and password supplied, will be considered validly made by the client to whom they have been provided and will be binding for the same, giving rise to all the rights and obligations derived from these general conditions of use.
2.3. Procedures and requirements for placing orders.
To carry out the realization of an order through the electronic platform, you must follow the following steps:
- Enter your ID and password to access the electronic platform.
- Select the product or products and add them to the shopping cart.
- Specify, for each product, the quantity that is desired.
- Finish the selection of products and press the option "see cart" to see the complete order and, if it is correct, select the option "place order". If there is a product that you do not want, you can delete it at this time.
Regarding the quantity requested for each product, for purely informative purposes and without in any case having a binding nature for INTERMEDIA, the system will warn you of the existence or not of sufficient stock.
If when you are placing the order, there are no products in stock of those requested, these products will remain pending service, informing the buyer.
- Next, the delivery and billing addresses will be displayed. If there is an error in them, or they have been modified, you must update them at this time.
- Finally, once the order is confirmed, it may be in one of the following states:
2.4. Prices, taxes and expenses.
The prices of the merchandise displayed on the electronic platform include the applicable taxes. The prices are shown in euros.
The applicable prices will be those valid according to the rate at the time of placing the order. In case there is a difference between the prices of the catalog, and the prices at the time of placing the order, the latter will prevail.
2.5. Way to pay.
Regarding the form of payment of orders placed through the electronic platform, this will be through the formulas expressed in the web itself (CREDIT / DEBIT CARD, TRANSFER OR PAYAPAL) or that the customer has previously agreed with INTERMEDIA.
2.6. Shipping forms.
Shipments of goods whose order is managed through the electronic platform will be sent, either through INTERMEDIA's own means, or through external freight companies. The shipping costs are included in the final price.
In all cases, the goods will be transported at the buyer's risk.
2.7. Claims and nonconformities.
Any defect or deterioration that could be noticed in the shipped merchandise, must make it clear to the carrier, making the appropriate claim in the act of receiving the merchandise.
IN ANY EVENT, IT IS ESSENTIAL THAT THE PRODUCTS HAVE NOT BEEN UNPACKED OR UNSEALED. THE ITEMS SHOULD BE RETURNED IN THEIR ORIGINAL PACKAGINGS AND SEALS. OTHERWISE, THE RETURN OF THE PRODUCTS WILL NOT BE ADMITTED. RETURN EXPENSES WILL BE ASSUMED BY THE CUSTOMER. UNDER NO CIRCUMSTANCES WILL MERCHANDISE RETURNS OR CLAIMS BE ADMITTED ONCE 7 DAYS HAVE PASSED SINCE ITS RECEPTION
In case of discrepancy or disagreement with these conditions in terms of prices, discounts, sales conditions or any claim related to the merchandise distributed, the customer must inform the INTERMEDIA Customer Service Department, in writing, in 10 days maximum from the date on which the order was placed, from Monday to Friday, from 10 am to 2 pm and 4:30 pm to 7:30 pm, through any of the following media:
2.8. Other procedures
Through the electronic order platform, the following procedures can also be carried out, related to order management through the electronic platform.
- Check orders
Through the "Orders" section, you can check the history of the orders, as well as the status of orders and the channel by which it was made.
Without prejudice to any other obligations deriving from these conditions for INTERMEDIA and / or for the client, both parts bind themselves to observe and comply with the following.
The COMPANY commits to the next :
- Carry out the fulfillment of the professional relationship maintained with the client subject to the professional standards required in the field of activity within which it is framed.
- Make available to customers and users the necessary information regarding the products and merchandise to be acquired.
- Once the order has been made, send the customer a check that shows the receipt, by INTERMEDIA, of your request or order placed.
- Make available to the customers and users the present conditions of use of the electronic platform, so that they can be stored, filed and / or printed by the user.
- Warn and inform customers and users of any change that may occur in these conditions of use.
The client will be exclusively responsible for:
- Orders placed by him or by the users to whom he has provided the identifier and password previously provided by INTERMEDIA and, consequently, he must assume the payment of the goods whose order has been made through the electronic platform.
- Any act performed differently than what INTERMEDIA designates in its indications or instructions about order management through the electronic platform.
- The certainty, accuracy and timeliness of the data included in the filling forms that INTERMEDIA exhibits on the Website.
- The direct or indirect damages that have been caused by any third party if the client and / or user lost, revealed, neglected or, in any way, let a third party know the data and information necessary to access the platform electronics and manage the ordering of products.
- All those acts that go against the provisions of these conditions, the law, morality, generally accepted customs and public order.
Failure, by either of the parts, of the obligations arising therefrom, will give rise to the right to claim the corresponding compensation for damages that, if any, have been caused or generated.
4. RESPONSIBILITIES AND LIMITATIONS.
The COMPANY can not guarantee that the use of the Website and / or the electronic platform will be continued or uninterrupted. Likewise, it can not guarantee that the information provided is free of errors, the information being merely informative and not binding on INTERMEDIA.
Consequently, INTERMEDIA does not guarantee or be responsible for:
i.The continuity in the use of the technical platform of orders, as well as the lack of availability and / or accessibility of it.
ii. The absence of errors in the use of the technical platform and / or in the information offered regarding the description and price of the products and merchandise.
iii.The absence of viruses and other harmful components on the Website or on the server that supplies it.
iv.The invulnerability of the Website and / or the impregnability of the security measures adopted in it.
v. The damage or harm caused to himself or to a third part, any person who violates the conditions of use of the electronic platform or its security systems.
vi. Any other damages that may be caused by reasons inherent to the non-functioning or malfunctioning of the Website, the electronic platform or the websites to which, where appropriate, links have been established.
Nevertheless, INTERMEDIA declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the electronic platform and avoid the existence of harmful components for customers and / or users.
The COMPANY makes maximum efforts to avoid errors in the contents published on the Website, in particular those relating to the description and price of products and merchandise. All the contents offered through it are updated, reserving INTERMEDIA the power to modify them at any time. Notwithstanding the above, INTERMEDIA is not responsible for the consequences that may arise from errors that may appear in the contents of the Website and / or electronic platform.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All rights of intellectual and industrial property are reserved on the Contents and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, in any way, all or part of the Contents included in the Website, for purposes public or commercial, if you do not have prior authorization, express and in writing, from INTERMEDIA or in case from the owner of the corresponding rights.
The access and navigation of the user through the Website, as well as the use of the electronic platform, shall in no case be understood as a renunciation, transmission, license or total or partial cession of the rights indicated above by INTERMEDIA.
Consequently, it is not allowed to delete, evade or manipulate the copyright notice ("copyright") and any other identification data of the rights of INTERMEDIA or their respective holders included in the Contents, as well as the technical protection devices, digital prints or any information and / or identification mechanisms that may be contained in them.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by INTERMEDIA or by third companies, implicitly prohibit their use without the consent of INTERMEDIA or its legitimate owners. At no time, unless expressly stated access or use of the Website and / or its contents, gives the user any rights over the brands, logos and / or distinctive signs included in it protected by law.
6. TREATMENT OF PERSONAL DATA AND CONFIDENTIALITY.
The processing of personal data, as well as any other information requested for the management of orders through the electronic platform, will be carried out subject to the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD) and its Development Regulation, Royal Decree 1720/2007 of December 21, being treated in order to manage the contractual relationship arising from the realization and management of orders through the electronic platform.
The identifier and password provided to the customer to access the electronic order management platform, are provided exclusively to the same and with the unique purpose of enabling access to that given platform, and managing the ordering of products. Any use other than authorized is expressly prohibited.
The client has to warrant the confidentiality of the given identifier and password, being the only one responsible for the use made of the same by the natural persons to whom they have been able to communicate.
It is specifically forbidden to communicate or reveal the identifier and password to third parts unrelated to the client and / or that have no link with it, as well as third parts that may develop any type of activity concurrent with those developed by INTERMEDIA or that may be competitors of this . It is expressly forbidden to extract, reveal, copy, distribute, disseminate or communicate to third parties any information from the electronic platform.
The client is informed that the personal data provided in the registration as a user, will be part of an automated file, responsibility of INTERMEDIA. The purpose of the treatment will be the management and billing of the purchases that the user makes to the company, as well as the sending of information that INTERMEDIA considers of interest for the user, about products and services of their own or of companies in their group. With the acquisition of the user status, the customer expressly consents to their personal data being stored in a file owned by INTERMEDIA, retaining the company's personal data, for historical purposes, even if the user stops ordering and to use the electronic platform, unless expressly requested by the same.
The user can enforce at all times the rights of access, rectification, cancellation or opposition of which he / she is the owner, by express and signed notification to the e-mail address email@example.com. That request of the interested part must necessarily contain the following fields: Specific request of the right to exercise; address, for purposes of notifications to the applicant; date and reliable identification of the applicant; and a photocopy of the D.N.I or any other documentation proving the authenticity of the applicant. In case the request does not meet the specified requirements, INTERMEDIA should interest the affected part, as soon as possible, to rectify said requirements, in order to effectively fulfill their rights.
The withdrawal as a user on the electronic platform does not mean the cancellation of the user's personal data in the INTERMEDIA customer master file.
The use of all or part of the information contained on the website or on the electronic platform for the particular purposes of the user is expressly forbidden. In case INTERMEDIA detects this situation, the user will be irrevocably removed from the system; INTERMEDIA reserving as many legal actions as may be applicable against the aforementioned user for the damages and losses that are inflicted upon him.
7. DURATION AND MODIFICATION.
These conditions will remain in force and will be valid for as long as they are accessible to customers and users through the Website.
The COMPANY reserves the right to modify the terms and conditions stipulated here unilaterally, being obliged to announce any change in these conditions. The temporary validity of these conditions coincides with the time of their exposure, until such time as they are totally or partially modified.
The COMPANY may terminate, suspend or interrupt unilaterally, at any time without prior notice, the provision of the order management service through the electronic platform, without the possibility that the client and / or the user may demand compensation . In this case, it will comply with its obligations and responsibilities before the orders already made before the suspension of the service on the Website.
To make any communication between INTERMEDIA and the costumer, he must use the Customer Service Department indicated above. In any case, INTERMEDIA's communications to the client will be made in accordance with the contact data given or provided.
The client must notify INTERMEDIA, in writing, of any modification that may occur in the contact details of the same, being the one and only responsible for the consequences that may arise from the lack of updating thereof.
The client expressly accepts the use of electronic mail as a valid procedure for the exchange of information and the submission of communications between and / or with INTERMEDIA.
Each of the parts shall be exclusively responsible for complying with the obligations that for each one of them derives from the current regulations that result from application and shall leave the other unharmed in the face of actions, claims and / or claims that third parties can exercise for the breach of them.
In the event that any provision or provisions of these general conditions are considered null or unenforceable, in whole or in part, by any court, court or competent administrative body, such nullity or non-application will not affect the remaining provisions. In such case, the Parties agree to replace the clause or clauses affected by another or others that have the effects more similar to those of the substituted ones.
The non-exercise or execution by INTERMEDIA of any right or provision contained in these general conditions of use will not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
10. APPLICABLE LEGISLATION AND COMPETENT COURTS.
The present conditions of use of the electronic platform of orders of the Web Site will be governed and interpreted in accordance with the established in the Spanish legislation that is applicable to them.
For the knowledge and resolution of any litigation, discrepancies or differences that may arise in relation to the interpretation, content, execution or resolution of these general conditions of use, accordingly, both parts expressly refuse to any other jurisdiction that may apply, submitting the knowledge of them to the Courts and Tribunals of Asturias.