TERMS AND CONDITIONS OF SALE, in force from 1st January 2014
POWERALIATM Online portal for the sale of GUASCH components
Rectificadores Guasch, S.A.
Ciutat de Granada, 80 BARCELONA 08005 SPAIN
Tax I.D.: ES-A08657322
READ THESE TERMS AND CONDITIONS CAREFULLY
1.1 These General Terms and Conditions shall govern the relations arising between the online sales portal of Rectificadores Guasch, S.A. with tax I.D. ES-A08657322 (hereinafter, "POWERALIA") and the third parties (hereinafter the "Users") who have registered as users and/or purchase products from the online store of the official website of POWERALIA (http: //www.poweralia.com, hereinafter the "Store").
1.2 All orders placed, accepted by POWERALIA and formally completed through the Store shall be considered to be subject to these terms and conditions, which shall replace, override and exclude any other agreement, covenant, document or deal included by the user in their order or communication, unless they have written authorisation from a legal representative of the company who has sufficient power of attorney for that purpose.
1.3 These terms and conditions constitute a full understanding between POWERALIA and the user for the supply, from POWERALIA to the user, of the products that are the subject of the order and they may not be fully or partially modified.
2. OBLIGATIONS OF THE USER
2.1 In general terms, the User is hereby bound to use the Store to purchase the Products and to use all of the Store's services in a diligent manner, in accordance with the law, moral decency, public order and the provisions of these General Terms and Conditions, and they must also refrain from using them in any way that may prevent, damage or impair the smooth running and enjoyment of the Store for users or which could do harm to or damage the assets and rights of POWERALIA, its suppliers, users or any third party in general.
2.2 The user is hereby bound not to use the products from the Store for life support applications, military applications or any applications which may cause death or harm to persons or to the environment, all of which are completely forbidden. POWERALIA shall be held harmless against their use in such applications and reserves the right to claim any compensation it deems appropriate.
3. PRODUCTS AND PRICES
3.1 POWERALIA reserves the right to decide what products are offered to users through the Store at any given moment. In particular, at any moment POWERALIA may add additional Products to those that are offered or included in the Store, with the understanding that unless otherwise stated, those new Products shall be governed by these General Terms and Conditions. Furthermore, POWERALIA reserves the right to stop providing and facilitating access to and use of the different types of Products offered in the Store at any time and without prior warning.
3.2 The Products included in the Store shall match the Products actually being offered as faithfully as is permitted by web display technology. The characteristics and prices of the Products appear in the Store and represent a general idea thereof. Nothing that appears on the website shall be considered part of the contract between POWERALIA and the user.
3.3 The characteristics of each product are specified on their datasheet and, unless there is a typographical error, they indicate the maximum values and values for proper and safe use for which they have been designed and manufactured. The user is solely responsible for the suitability of the product purchased from POWERALIA for its proper use or design. Furthermore, all dimensions, tolerances and physical properties of the materials shall be as indicated on the datasheet or shall be those that are reasonable or customary for the product or sector.
3.4 The prices indicated in the Store are in Euros and do not include VAT. The validity thereof shall be according to the date of placing the order; POWERALIA reserves the right to change them without prior notice.
4. ORDERS AND METHOD OF PAYMENT FOR THE PRODUCTS
4.1 Within a maximum period of twenty-four (24) hours of the user placing the order, POWERALIA shall send them an email to confirm the purchase. Said email shall assign the purchase with a reference code and shall detail the characteristics of the product, its price, the shipping costs and the details of the different options for paying POWERALIA for the Products.
4.2 Any user who purchases a product from the Store must pay using the payment methods that are specifically detailed in the Store within a maximum of forty-eight (48) hours. If the user does not make the payment within the specified period, POWERALIA may cancel it, notwithstanding its right to take any other appropriate action.
4.3 POWERALIA shall file the electronic documents whereby the contact is executed, sending a copy to the User when the purchase has been made. The contract shall be in Spanish.
4.4 The confirmation of the order sent by POWERALIA is not a valid invoice, it is solely proof of purchase and/or a proforma invoice. POWERALIA shall send the corresponding invoice together with the Product.
4.5 If a user based in the EEC has a VAT registration number in a Member State of the European Union, either as a natural person or a legal entity, they may use the VAT number or place their orders, after it has been validated by POWERALIA and the user has been informed of this.
4.6 POWERALIA reserves the right to cease to maintain business relations with any company, entity or person at its own discretion.
4.7 Given the nature of the Store, no deferred credit forms of payment shall be considered.
5. CANCELLATION OF ORDERS
5.1 The user may cancel their order provided that it has not yet been handed over to the logistics operator, at which time they must process a return. They must send an email to the address firstname.lastname@example.org informing it of their intention to cancel and customer services will inform them of the status of their order.
6. HOME DELIVERY SERVICE
6.1 The territorial scope for sales made through the Store is for the territory of the European Union, so the home delivery service shall only be applicable to said territory. If the user directly exports the products supplied by POWERALIA, the former shall be responsible for obtaining the necessary licences for that purpose and for complying with the exporting regulations and laws of the countries of origin and destination of the goods.
6.2 The Products bought through the Store shall be sent to the delivery address that the user has specified when registering once the payment has been verified, normally within a period of 24/48 hours, with the deadline for delivery being thirty (30) days by default, as established by Law.
6.3 POWERALIA's home delivery is provided through various reputable logistics operators. Orders shall not be delivered to P.O. Boxes or hotels or other non-permanent addresses.
6.4 Shipping costs are not included in the price of the Products. At the time of purchasing the product, the user shall be informed of the exact shipping cost.
7. INSPECTION, DEFECTS, DELAYS AND NON-DELIVERY
7.1 The user must inspect the goods upon receipt or within a reasonable period of one (1) calendar day from that time and they must REJECT the delivery if they are damaged.
7.2 The user must report any incident in relation to the delivery by email, to the address email@example.com, otherwise the products shall be deemed to have been delivered in a perfect condition and they shall be considered to be as indicated in their order and free of any defects.
7.3 POWERALIA shall not be liable in any way for compensation for delays, non-delivery, etc.
8. TRANSFER OF RISK AND OWNERSHIP
8.1 Risk for damage and loss shall be transferred to the customer at the time when the product is delivered to the user by the logistics operator.
8.2 Transfer of ownership shall come into effect as soon as the full amounts owed by the user have been paid to POWERALIA. Should this not occur, POWERALIA is entitled to recover the goods without prior notice being given by POWERALIA or the party so authorised by them, notwithstanding their right to demand payment in full and acceptance of the delivery by the user.
9.1 The user may return a product and cancel the purchase. Before taking any action, they must contact POWERALIA to request a return merchandise authorisation (RMA) by email to the address firstname.lastname@example.org, and indicate it on the shipping label, in no more than seven (7) calendar days, from the date on which the Product was received. The product must be sent in its original packaging and in a perfect condition, together with the duly completed return form and a copy of the delivery note or invoice, and the user shall pay the direct cost of returning the product and the goods shall be transported at the expense and risk of the user. Said return shall be in accordance with the instructions given by POWERALIA to the user after being informed of their decision to exercise their right to return the goods and the user shall be responsible for returning the products and keeping proof of their delivery. The user must return the product within a maximum of three (3) days of POWERALIA indicating how they must return it.
9.2 The right to return entails a refund of the amount paid for the product. For that purpose, POWERALIA shall make the payment using the method of payment selected by the user when making the purchase, within a reasonable period of time.
9.3 The right to return goods may not be exercised when the Product is not returned in its original packaging and when the Product is not in a perfect condition.
9.4 POWERALIA reserves the right to bill for any repairs and repackaging costs, as applicable.
10.1 The warranty covers, at the discretion of POWERALIA, the replacement of, repair of or refund for the products supplied, at the delivery address specified when registering in the Store, when they present manufacturing or operating defects and have been used appropriately and for the purpose for which they were manufactured. The applicable warranty period shall be 12 months from the product's shipping date, and it shall be necessary to send a warranty claim by email to the address email@example.com.
11. DECLARATIONS OF QUALITY, COMPLIANCE AND ORIGIN
11.1 POWERALIA is governed of an quality system ISO 9001:2008 from Bureau Veritas certificate registration number ES034193. All products have been produced in accordance with the applied estandards of their respective manufacturers.
11.2 Nothing indicated in the Store may be considered indicative of the country of origin or the place in which the products and/or components thereof were manufactured or produced unless there is a written declaration by POWERALIA or its authorised parties.
12. FORCE MAJEURE AND LIABILITY
12.1 In the event of POWERALIA being unable to or prevented from completing an order due to any cause that is beyond the reasonable control of the company including, but not limited to, government actions, war, fire, explosion, flooding, import or export regulations or embargoes, industrial disputes, strikes or due to its inability to provide the services, materials or items required to complete the order unless at a higher price, POWERALIA may, at its sole discretion, delay the completion of the order or cancel all or part of it without this being considered a breach of these terms and conditions.
12.2 POWERALIA shall not be considered liable for any such delay, cancellation or inability to deliver any order. In particular, and although POWERALIA shall take all reasonable steps to deliver the orders on the established date, under no circumstances shall it be liable for delays, cancellations or inability to deliver such products.
12.3 POWERALIA shall inform the user of any case of force majeure and of the new deadlines for the availability and/or delivery of their order or that it is ultimately impossible to supply it.
13. CUSTOMER SERVICES
13.1 For any incident, claim or in order to exercise any of their rights, the user may send an email to the address firstname.lastname@example.org.
13.2 The user may send their notifications to POWERALIA by registered fax, telegram or in writing with acknowledgement of receipt to the address C/Ciutat de Granada, 80 08005 BARCELONA SPAIN.
13.2 POWERALIA shall send all communications electronically to the email account indicated by the user when registering their account.
13.3 POWERALIA reserves the right to bill users for any additional costs resulting from their requests.
14. INTELLECTUAL AND INDUSTRIAL PROPERTY
14.1 The User hereby acknowledges that all elements of the Store and of each of the products, the information and materials contained therein, the patents, the trademarks, the structure, selection, order and presentation of their contents, and the computer programs used in connection with them, are protected by the intellectual and industrial property rights of POWERALIA or third parties, and that, in relation to said industrial and intellectual property rights, the General Terms and Conditions do not confer upon them any rights other than those specifically contained herein.
14.2 Unless authorised by POWERALIA or, where applicable, by the third parties who own the respective rights, or unless legally permitted, the user may not reproduce, convert, modify, disassemble, perform reverse engineering, distribute, lease, lend, make available or allow the public access through any means of public disclosure to any of the elements referred to in the above paragraph. The User must only use the materials, elements and information which they access by using the Store for their own requirements, and are hereby bound not to make any direct or indirect commercial use of the materials, elements and information obtained through it.
14.3 The user must refrain from circumventing or tampering with any of the technical devices established by POWERALIA or by third parties in the Store.
15. DATA PROTECTION
15.1 Pursuant to Data Protection Act 15/99, we hereby inform you that your personal data and other information provided on the registration form, and from transactions completed, shall be included in and stored on a file, belonging to POWERALIA, so that it may be processed, unless its cancellation is requested. The purpose of this processing shall be the carrying out and completion of the sale, the customised service provided for the products and services purchased and to improve said service, in addition to the promotion of the products and services of POWERALIA and third party companies associated with it. You are also hereby informed that your data shall be made available to the company for the aforementioned purposes. POWERALIA shall treat this data with the utmost confidentiality, being the one and only recipient thereof, and it shall not assign or disclose it to third parties, except as provided in the current regulations. The user gives their express authorisation to POWERALIA for both it and the aforementioned entities to send marketing messages and promotional offers and competitions, including by electronic means.
15.2 The User may at any time exercise their rights of access, rectification, objection or cancellation by writing to POWERALIA or sending an email to email@example.com, attaching a copy of their I.D. or alternative identification document.
15.3. The answers marked with * on the registration form are compulsory.
Without completing these answers it shall not be possible to purchase the selected products.
16.1 POWERALIA shall facilitate the use of personal passwords to users who register as such on the website. Such passwords shall allow them to access the services provided through the Website. Under their own responsibility, the user must keep the passwords strictly and absolutely confidential and, therefore, shall be liable for any damages or consequences of any kind derived from the breach of confidentiality or disclosure of the secret. For security reasons, the password for telematic access to the services associated with the Website may be changed by the user at any time. The User hereby undertakes to immediately inform POWERALIA of any unauthorised use of their password, and of any access thereto by authorised third parties.
17.2 If the User does not want a cookie to be installed on their hard drive, they must configure their Internet browser not to accept them. The User may also freely delete the cookies. If the User decides to disable cookies, the quality and speed of the service may be reduced and access to some services offered in the Store may even be lost.
18. APPLICABLE LAW AND JURISDICTION
18.1 POWERALIA is an online portal for sales to companies and professionals and is not intended for end users or consumers. Therefore, in addition to these general terms and conditions, the Spanish legal provisions relating to commercial contracts shall be applicable, and the application of legislation on the protection of consumers, users and retailers is expressly waived. Furthermore, the application of the United Nations' Convention on Contracts for the International Sale of Goods and any other convention, agreement or international treaty or supranational legislation is expressly excluded.
18.2 Any dispute that may arise regarding the validity of, interpretation of or compliance with these general terms and conditions and the contracts executed hereunder, shall be subject to the Jurisdiction and Authority of the Courts of the city of BARCELONA, with the parties expressly waiving any other jurisdiction to which they may be entitled.