1.- OBJECT AND GENERAL CONSIDERATIONS
These general conditions of sale (hereinafter the "General Conditions") regulate the on-line purchase of the products offered to the public by Recambios Pasquali, under the brand Recambios Pasquali, through the VIRTUAL SHOP www.Ariamotor.es and placed on the sale with the final objective of generating an order by the customer (hereinafter "purchase order").
Agromaquinaria S.L (hereinafter the "Seller") hereby grants access to www.Ariamotor.es, and invites you to purchase the products on offer. Likewise, the seller reserves the right to modify or remove parts of its content without the obligation to notify you.
2.- ADHERENCE TO GENERAL CONDITIONS
The generation of a Purchase Order by the customer expresses the full and unreserved acceptance of each and every one of the General Conditions, indicating this acceptance through the box "I accept the General Conditions" of the Purchase Order.
Purchase orders made by customers can only be generated through the internet on the website www.Ariamotor.es and must be correctly filled in all the data required for the correct identification of the customer, products and shipping address. Once the purchase order has been received, the customer will receive an order confirmation email with the steps to follow depending on the options chosen in the purchase process and the conditions of purchase are included on this page.
The system, as a security tool, stores the IP addresses of the connection from which the purchase is made in order to use it as evidence against possible frauds due to misuse of accepted payment cards or other actions that can be considered as fraud (false orders, ...).
Depending on whether or not the products ordered are available in stock, our customer service staff will notify the buyer of the expected delivery date or any changes related to the order (product specifications), and the customer may cancel the Purchase Order if this does not fit your original order. In case one or several products of the Purchase Order are not available due to force majeure www.Ariamotor.es reserves the right to cancel the order by informing the customer in advance and returning the amount if it has already been paid. Ariamotor.es reserves the right not to attend an order if it considers that any of the data of the purchase order and / or buyer, identification data, payment method or any other type are fraudulent, erroneous or incomplete. In addition, Agromaquinaria S.L reserves the right to fulfill an order if the published price is considered objectively wrong, which may be due to internal causes of publication, typographical errors, technological incidents or similar causes not foreseen by the store, in which case Agromaquinaria S.L will contact with the client to communicate said error and transmit the corresponding apologies.
Shipments will be made to the shipping address indicated by the customer in the purchase process, in the event that the customer modifies that shipping address in the period of handling and transportation, must pay the costs arising from such change. In any case, the seller will try to manage the change as soon as possible to avoid such an increase in costs, although it can not assure that the changes do not imply a higher shipping cost.
4.- THE PRICE AND FORMS OF PAYMENT
The price of the Products includes VAT and will be paid by the method selected by the customer among those available at that moment and that will be shown on the screen. The payment options are detailed below.
4.1 BY CREDIT CARD
Through the POS of the bank that our system selects in each case, which guarantees confidentiality and secure connection as guarantee in the payment. www.Ariamotor.es is excluded from any responsibility regarding the confidentiality and security of the information provided by the customer provided that such information and data are not under the effective control of the company.
4.2 GUARANTEES ON THE PAYMENT OF AN ORDER
Ariamotor.es reserves the right to require the Customer to provide the appropriate payment guarantees before sending the Confirmation and to proceed with the order received, depending on the risks of the transaction he or she considers (incidents occurring on the occasion of previous payments, negative financial reports, electronic scams, fraudulent payments, etc.).
4.3 INTERESTS OF MORA
In case of default in the payment of the applicable price, expenses and taxes, the Customer will be obliged to satisfy Ariamotor.es a default interest equivalent to 4% per month on the amount due, calculated from the date on which the payment obligation expired by virtue of the corresponding invoice to date in that it is fully satisfied.
5.- SHIPPING AND DELIVERY OF THE PRODUCT
5.1. DELIVERY TERM
The usual delivery period of the products in STOCK will be between ONE and TWO business days, from the moment in which the full payment of the total price, expenses and applicable taxes is made. In the event that the product was to be requested from the suppliers, the deadline mentioned above will be understood from the moment of receipt of the goods in the stores of Ariamotor.es, and delivery may be delayed between 2 and 15 days. The product information shows an estimated availability that in no case entails a contractual commitment with the customers regarding the delivery period. In order to account for the days required for the shipment, they have no effect on Saturdays, Sundays and holidays (national and local). No orders are sent to PO Boxes, slogans or postal mailboxes of any kind. The seller declines all responsibility in case of impossibility of providing the Service, if this is due to any event of force majeure or unforeseen event.
5.2. ZONES OF SHIPPING AND ORDER OF CONFIRMED PURCHASE
Ariamotor.es sends its products to all the world. It is understood that an order is confirmed when receipt of the confirmation of payment and the necessary documentation in the case of orders against reimbursement, confirmation of the bank transfer in the case of payment by transfer and confirmation of the payment of money by our bank in payments by card.
5.3. SHIPPING COSTS
In the process of purchase will indicate the final amounts of shipping costs, and the customer must accept them as a step prior to the completion of the purchase process.
All customers are responsible for any import taxes/duties imposed by their respective country.
5.4. NO SHIPPING COLLECTION
In case a previously paid order is placed at the customer's disposal and the customer does not pick it up, the seller will try to locate it and facilitate its delivery as much as possible. If it is not collected within 7 days, the customer must pay the amount of storage that the logistics provider charges for this service. In case of not being collected within 15 days the product will be returned to Ariamotor.es and the customer will have to pay the amount of the shipping and handling cats of that return.
5.5. OTHER ASSUMPTIONS
The delivery is made by making available the Product by the seller or by a third party on behalf of the company at the address indicated by the Client in the Purchase Order. The Customer will assume all risks of deterioration, impairment, damage and loss of the Products from the moment the Products have been made available under this clause.
RESPONSIBILITY FOR DELIVERY
Variant will be released from compliance with its delivery obligations set forth in this document and declines all responsibility in this regard in the following cases: Total or partial failure by the Customer accompanying the Purchase Order, omission or inaccuracy of the information to be provided the Customer in the Purchase Order when making the order.
7.1. RIGHT OF REVOCATION
Article 44 of Law 7/1996, of January 15, on Retailing, confers on the Client the right to the possibility of revocation of the requested request within a period of FOURTEENTH days from the receipt of the same prior communication to our company. The communication must be made via e-mail (email@example.com)
7.2. PROCEDURE FOR REVOCATION / RETURN OF THE ORDER
Once the CLIENT notifies us of their desire to proceed with the return, we will confirm receipt of your message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, you must send us Portes Pagados the merchandise you wish to return in the original packaging and with the total of its original contents, including accessories, warranties and manuals. Once we receive the goods, we will verify that all the above mentioned requirements are fulfilled and, if so, the products will be returned to you (in no case the amount paid as a freight or transport thereof, nor expenses for reimbursement). The method of payment of the return will be: credit on your card if it was paid by Credit Card.
RETURNS OF A PRODUCT OR MISCELLANEOUS IN A MULTIPRODUCT ORDER
In the event that a customer wishes to return a product or several, in a "multiproduct" order, the seller reserves the right to take into account the Shipping Costs in the event that such return affects the total amount of the order and has benefited from the option of free shipping costs at the time of purchase. The customer must contact us, indicate the product or products that he wishes to return and the company will indicate the costs associated with such return
8.- PRODUCT WARRANTY
According to Organic Law 15/1999, dated 13 December, on Personal Data Protection, the seller, informs you that your data has been incorporated into a file, owned by said company, whose purposes are to process the requested service, electronic commerce , advertising and loyalty. A period of thirty days is granted to show your refusal to the treatment. If, after the expiration of this period, it does not pronounce to that effect, it will be understood that it consents to the processing of its data.
The data indicated with (*) are obligatory to comply with the purpose of providing you with the information and / or service you request, as well as for sending administrative, technical, organizational and / or commercial information about our products and services. Failure to complete the fields indicated as mandatory will prevent the seller, can manage the request and send you the requested information.
The sending of such forms, as well as an electronic mail, supposes the consent of the user to the processing of his personal data for the aforementioned purposes.
The user can revoke the consent granted at any time, as well as exercise their rights of access, rectification, cancellation and opposition to the processing of their personal data, in writing to the seller at the email address firstname.lastname@example.org
The seller undertakes to fulfill its duty of secrecy with respect to personal data contained in the file and guarantees the adoption of the security measures required to ensure the confidentiality of said data.
The seller guarantees that it has adopted the levels of security of protection of the personal data legally required in its installations, systems and files.
The seller recognizes the possibility of exercising for free the rights of access, rectification, cancellation and opposition, in the terms provided for in Organic Law 15/1999, by writing to the Security Officer that may be represented by the user addressing or sent by email to email@example.com
The seller informs him that he will cede some of his data to the Tax Administration, to organizations directly related to the file manager and to banks and savings banks. In any case, you may exercise your rights in the address and conditions mentioned in the previous paragraph.
10.- COMMUNICATION AND CUSTOMER SERVICE CHANNEL
To express any opinion, suggestion or doubt, users may contact the Customer Service Department: email customer service: firstname.lastname@example.org
11.- LEGAL DATA
In compliance with Law 34/2002, of July 11, Information Society Services and Electronic Commerce are brought to your attention the identification data of the service provider:
Agromaquinaria S.L Poligono Industrial Rozes 3 ,Calle de Sigmund Freud 190 nave 13 Gijon, Asturias 33932 CIF-B33801762
12.- DISCLAIMER OF LIABILITY LEGAL
The seller endeavors to update and / or complete the content of www.Ariamotor.es as often as possible. Despite this caution and attention, it is possible that the content may be incomplete and / or incorrect and no right will be derived from this website. Prices and other information about the products www.Ariamotor.es are subject to obvious programming errors and typing. You can not claim any agreement with Agromaquinaria S.L based on such errors. Also, we can not guarantee, specifically in relation to colors, that the colors that appear on our website are an exact representation of the colors of our current products. The configuration of your computer determines how the color is displayed. This waiver may be modified from time to time and last updated in 2014.
13.- INTELLECTUAL PROPERTY
All intellectual property rights related to these materials are the property of Agromaquinaria S.L and its licensors. It is not permitted to copy, distribute or otherwise use these materials without the written consent of Agromaquinaria S.L, except and only if the rules of mandatory law (such as the right of quotation) otherwise provide, unless otherwise stated for specific materials.
14.- APPLICABLE LAW
The parties expressly agree that this contract will be governed and will be interpreted, in all its terms and conditions, in accordance with the current Spanish legislation. The parties expressly submit, for any questions or divergences that may arise by reason of the interpretation, performance and execution of this contract, to the jurisdiction and jurisdiction of the Courts and Tribunals corresponding to the domicile of the buyer or those of the place of performance of the contractual obligation.