Purchase conditions

In compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), we inform you about the following legal aspects on this website:
OBJECT AND SCOPE OF APPLICATION 

These General Conditions of use and contracting are intended to regulate the information provided on this website, as well as the legal relationship that arises from the contracting processes carried out between users and this web site owner.

1. USER CONDITIONS AND ACCEPTANCE

When you contracting any product and/or service that matches the characteristics of "customer purchase" you must know and accept the general contracting conditions included in this text, as well as the specific conditions that prevail in the acquisition.
Only people older than 18 year old are authorized to use eCommerce services through the website.
By accepting the General Conditions of use and contracting, the client declares:

1st. Who is a person of legal age  with the ability to contract

2nd. Who resides in Spain or in a place where Spanish law governs.

3rd. That you have read and agree to these terms and conditions.

IMPEX SUBMINISTRES makes available to users and customers the email address ecommerce@impexsubministres.com in order to ask any questions about the General conditions.

2. MODIFICATIONS  

IMPEX SUBMINISTRES SL may modify the General Conditions without prior notice, for which it is advisable to read them at each visit to the website. These modifications are applicable as early as the publication on the website and cannot be applied to previously concluded contracts. In any case, the revision date of the general conditions will appear. Each purchase is governed by the General Conditions in force on the date of the order. In any case, before any contracting process, the General Conditions must be consulted.


3. IMPEX RESPONSABILITIES 

The products and services presented on the website are in accordance with Spanish legislation. Access to the entire website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect that may arise from the use made on the website, including, but not limited to, all adverse economic, technical and / or legal results, as well as the defrauding of the expectations generated for our website, forcing the user to hold IMPEX SUBMINISTRES harmless from any claim arising, directly or indirectly from such events.
IMPEX SUBMINISTRES is not responsible for the damages that may derive from interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational operation of this electronic system or for users' computer devices and equipment, motivated by external causes. IMPEX SUBMINISTRES, that prevent or delay the provision of services or navigation for the store, or delays or blockages in use caused by deficits or overloads of the Internet or other electronic systems, or the impossibility of giving the service or allow access for reasons not attributable to IMPEX SUBMINISTRES, due to the user, third parties, or force majeure. IMPEX SUBMINISTRES does not control, in general, the use that users make of the website. In particular, IMPEX SUBMINISTRES does not respond in any case that users use the web in accordance with the law, these General Conditions, generally acceptable morals and good consumption and public order, nor that it is carried out diligently and prudently.
The civil liability of IMPEX SUBMINISTRES for supplied products is limited to the amount thereof, the user or consumer waives to claim any liability to IMPEX SUBMINISTRES for any concept in any case of dissatisfaction of the products purchased through this website as well as possible failures , slow access or errors in accessing it, including loss of data, or other information that may exist on the user's computer or network accessing IMPEX SUBMINISTRES.
 

4. CUSTOMERS OBLIGATIONS

In general, the user is obliged to fulfilment these General Conditions, as well as to fulfilment with the special warnings or instructions for use contained therein or on the website and always act in accordance to law, good practice and/or requirements in good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or impair the normal operation of it, the goods or rights of IMPEX SUBMINISTRES, its suppliers, the rest of users or in general of any third party. The access and use of the portal to minors is prohibited without the express consent of their parents, IMPEX SUBMINISTRES is not responsible for the veracity and accuracy of the data used by the user and therefore cannot verify the age of the same.
Specifically, and without this involve any restriction of the previous section during the use of the website, the user agrees to: 

a) Provide truthful information about the data requested in the user registration form or command execution, and keep them updated.

b) Do not introduce, store or disseminate on or from the website, any information or material that is defamatory, injurious, threatening, xenophobic, that incites violence to discrimination based on race, sex, ideology, religion or in any way that attempt against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations.

c) Do not enter, store or disseminate through the store page any program, data, viruses, code, or any other electronic or physical device that is likely to cause damage to the website, or any of the services, equipment, systems or networks IMPEX SUBMINISTRES, any other user, IMPEX SUBMINISTRES providers or in general any third party.

d) Do not carry out advertising or commercial exploitation activities through the web, do not use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties, without express authorization

e) Do not use false identities, neither impersonate to others for using of the website or / or the use of any of its services, including the use if it comes from passwords of third parties or in any other way. Do not destroy, alter, use for its use, disable or damage the data, information, programs or electronic documents of IMPEX SUBMINISTRES, its suppliers or third parties.

f) Do not enter, store or disseminate through the store page any content that infringes the rights of intellectual property, industrial or business secrets of third parties, neither general any type of content which, in accordance with the law, did not have the right to make it available to a third party.


5. HOW TO MAKE AN ORDER

6. PRODUCT AVAILABILITY

The selection of products offered through the website is valid if the products are availables on the web, with the limit of available stock. As it is an electronic commerce, the stock is updated online, so that eventually, during the purchase process, the stock could be exhausted, thus avoiding, in these cases, continuing with the started purchase.
The terms are calculated on working days - from Monday to Friday - IMPEX SUBMINISTRES does not make expeditions on holidays, Saturdays or Sundays. In the case unavailability of an item, IMPEX SUBMINISTRES will contact the Customer to notify them immediately and give them a new delivery time or, in the case where is not possible to provide service in a specific product, it would be canceled.


7. PRICES

The prices indicated on the web include VAT. During the purchase process, the amount corresponding to the tax burden will be broken down according to the rate in force at all times and applicable to the products and / or services marketed.


8.TRANSPORT AND SHIPPING COSTS

The shipping and / or management costs are not included in the price and will be shown to the Customer before finalizing the purchase, depending on the shipping address. The Client may select their preference shipping option. The transport amount will be included in the client's final invoice, and determined by our transport table costs, which the client can calculate them before finalizing their purchase.

9. PAYMENT

IMPEX SUBMINISTRES suggest as a payment method the following website (La Caixa) that allows:
Credit / Debit card Payment;
Visa and Mastercard have developed a system to securely make payments over Internet. The secure electronic commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorizing online payment.
IMPEX SUBMINISTRES is adhered to this security protocol for which, once the product have been selected to be purchased and the card number has been entered, a pop-up window will be opened where identification will be requested, showing the following icons:
The information of your card and passwords are protected by this security system since the first moment. Once the identification is completed the issuer communicate to Impex that the purchase has been realized by the owner of the card so you can complete with the process. If the identification has not been positive the issuer can communicate to IMPEX to proceed in consequence. 
This purchase is out of control of Impex Subministres and for any incidence that can appear it's responsability of your issuer This sale is out of the control of IMPEX SUBMINISTRES, and it is the responsibility of the Issuer for any incidents that may arise with this sale, having contacted this entity if it finds itself in this situation.
IMPEX SUBMINISTRES reserves the right to refuse any transaction made by credit card. In this case we will proceed to refund the cash to the original card. In these cases and if the customer is interested in progressing with the purchase of the items we will demand a bank transfer.
In the event of non-payment by the Customer, in whole or in part, on the agreed due date for one or more shipments of products, IMPEX SUBMINISTRES may suspend or cancel any pending shipment or contract, without incurring liability for any damages or losses, including lost profits, or damages for delay or loss of production caused by the Customer. The foregoing power of IMPEX SUBMINISTRES shall in no event release the Customer from its contractual obligations with respect to payments due and receipt of product.

10. SHIPPING WAYS AND TERMS

The products shall sent to the shipping address that Customer has been indicated (shipping information section). In the case to purchase several  items with different availabilities, the expedition term will take into account the longest delivery date. In exceptional cases, IMPEX SUBMINISTRES reserves the right to break down the purchase, sending the available items and opting for a second shipment, of the items were not available. All product purchases are subject to the acceptance of IMPEX SUBMINISTRES. IMPEX SUBMINISTRES will not send any product until its administration department has verified that the payment has been made.
Shipping address
To carry out the transport and shipping, we have different transport agencies. Products will be shipped to the address indicated within a maximum of five business days after purchasing confirmation. We do not ship on Saturdays, Sundays or holidays. In the event that the client detects any problem at the time of delivery of his order (damaged packaging, missing or deteriorated products), You must indicate it, writing it on the carrier delivery note, also notify it to IMPEX SUBMINISTRES via email. ecommerce@impexsubministres.com  within next 7 days after receipt.
In the event of a delay in the reception or withdrawal of the goods by the Client, IMPEX SUBMINISTRES will have right to store the goods, at client one's own risk, in its facilities or in those of a third party, and the Client will be liable to pay the expenses that this implies to IMPEX SUBMINISTRES.
To guarantee privacy, all packages are discreetly packed and covered with a plain wrapping that only contains our address. (In periods of high volume of work, for example, in the sale season, it is possible that the delivery of your command takes between 7-10 business days). If any of the requested items are temporarily out of stock, we will send it to you as soon as possible once it is available again. In this case, no additional amount will be charged for shipping or packaging.

11. CHANGES AND CANCELLATIONS 

The command will include a label for returns.
After receiving the item, we will process it within 5 business days. In the event that you have requested your refund, the payment will be made using the same payment method you have  used on the purchase. If you are requesting a different item, it will be necessary to request a refund and make a new purchase.
When an order is made online or by mail, in addition to the benefit of our policy of exchanges or returns within next 14 days before order received, there are also certain rights as a consumer. In accordance with the Directive on Consumer Rights (which replaces the regulation on Distance Selling), if you decide to return all the items purchased, IMPEX SUBMINISTRES assumes the costs of standard postage and packaging whenever you contact via email within 14 days of receiving the order, to inform us about your decision to return them.
We suggest you keep the supporting document that confirm order reception (generated by the carrier). It is not necessary to inform us about the return method (standard, ...) within 14 days of receipt of the purchase, it will be partial.
For its part, IMPEX SUBMINISTRES may not replace, without prior consultation with the Client, a product or product model. In the event that for reasons beyond IMPEX SUBMINISTRES, in the case order supply will not possible, the Customer will be offered the possibility of exchanging it for a substitute product with similar characteristics, giving the Customer the right to cancel the order. In case of canceling the command once it has been confirmed and sent, the Client will have to bear the transport and processing costs incurred.
In case of withdrawal by you, all payments received will be returned to you without any delay and, in any case, it may take 14 working days from the date of receipt to the returned product at IMPEX SUBMINISTRES. This refund will be made using the same payment method used on the transaction, unless otherwise stated. In any case, you will not be charged any additional cost as a result of the refund. Please follow the product return instructions indicated in this document.
 
12. RIGHT TO WITHDRAW

The goods that you have requested in your command has been verified by the manufacturer and corresponds to the quality and condition offered. If the customer has questions regarding how to use the product, please contact us.
At the time of delivery, ensure that the packaging received is externally in good condition, completely closed and without signs of tampering. Otherwise, write down the incident on the carrier delivery note, reject the shipment and notify to IMPEX SUBMINISTRES in writing as soon as possible.
Both in the case of returns due to withdrawal of purchase or because the product has some anomaly, we ask you to follow the instructions indicated below for a correct and agile processing.
Withdrawal
You have the right to withdraw from the current contract within 14 business days without justification. The term of withdrawal will expire 14 business days from the day you or a third party indicated by you, different from the carrier, indicates it.
To exercise the right of withdrawal you will have to notify IMPEX SUBMINISTRES in writing of your decision to terminate the contract by contacting
IMPEX SUBMINISTRES, AV. ROSES 35, 17600 FIGUERES (GIRONA), by letter, fax or email (impex@impexsubministres.com).
To fulfill the term of withdrawal, it is sufficient communication on your part, exercising your right before the indicated term of 14 business days expires.
 

13. PRODUCTS WARRANTY

All the products we pack have a full two-year guarantee from the date of delivery, which in this case will be understood to have been delivered on the day of the invoice or purchase ticket, or on the corresponding delivery note if it were later. The two-year guarantee does not include deficiencies caused by negligence, knocks, incorrect use or improper manipulations, unsuitable tension carried out by the Authorized Technical Service when necessary etc. Nor materials that are worn by use.
Except evidence to the contrary, it will be presumed that the lack of conformity that manifests itself in the subsequent six months after the delivery of the product, be it new or second-hand, already existed in the product that was delivered, except that it is incompatible with nature of the product or for lack of conformity.
In case of lack of conformity in the specifications of the product indicated by the manufacturer or claims for defects or defects manifested in the material or workmanship, quality, quantity or others, the Client will have to communicate it in writing to IMPEX SUBMINISTRES, through the medium to record your receipt.
The guarantee will be invalidated in the following circumstances: Knocks and / or inadequate transport, manipulation of any seal or identification / control label, fault or negligence of the Client or third party, or normal wear and tear from use, damage due to natural phenomena or catastrophes such as storms, floods, lightning, earthquakes, fires, etc. In addition, the guarantee will lose its value:

- If there are modifications, alterations or substitutions of the data of the same or of the purchase receipt.

- If the identifying number or the guaranteed article itself is manipulated or repaired without the knowledge of the Technical Service.

- If the purchase invoice is missing.

In case of disagreement for any reason with the received product, the right to repair or replace the product is recognized. To make the return of a purchase, it must be in perfect condition and accompanied by its corresponding invoice. IMPEX SUBMINISTRES allows you to return, within a term of thirty (30) days, counting from the date of receipt, provided that the part has not been used or damaged. In those cases that justify the application of the guarantee, the repair, replacement of the article, reduction or return will be chosen, in the established legal terms.
To complete repairs, IMPEX SUBMINISTRES may replace the product as it deems appropriate, as well as choose to refund the amount of the product to the customer if repair or replacement is not possible.
Once the product / s are received, IMPEX SUBMINISTRES will verify that they are in good condition and will proceed to send the required merchandise if the change had been requested, the amount will be reimbursed in the same payment method used in the purchase in case of return. The term for reimbursement can range from 5 to 12 business days from when the return is received at our distribution centers.
Any return that does not comply with the aforementioned conditions will not be accepted. Returns will not be accepted for those items that are not fit to be returned for reasons of health or hygiene protection and that have been unsealed after delivery.
The total responsibility of IMPEX SUBMINISTRES, for any concept, will not exceed, in any case, the total value of the defective merchandise supplied. IMPEX SUBMINISTRES will not be, in any case, outside of what is foreseen in this clause, responsible for any damage and prejudice, especially loss of profit, or damages and prejudices for expected results, delays or production losses. The compensation provided in this clause will exclude any other compensation by virtue of defects or lack of quality or quantity. IMPEX SUBMINISTRES is responsible for providing the necessary documentation to manage any type of RMA incident.


14. NOTIFICATIONS

All notifications, requests, requests and other communications that must be made by the parties in relation to these General Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or received by Ordinary mail to the party's address or email, or any other address or email where each party can indicate to the other.

15. NULLITIES AND INEFFICIENCIES OF THE CLAUSES

If any clause included in these general conditions is declared, totally or partially, null or ineffective, said nullity or inefficiency will affect only this provision or the part that is null or ineffective, replacing the General Conditions in all the rest, having available, or to the part of it that is affected, but not put on.


16. ALTERNATIVE DISPUTE RESOLUTION 

If you have a consumer dispute and want to avoid going to court, ADR may be a good option. It is usually faster, easier and cheaper than in a judicial process. It encompasses all the different ways to resolve a claim without going to court: "mediation," conciliation "," arbitration "," consumer advocate "," claims office ", etc. 
https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_e8

17. ONLINE DISPUTE RESOLUTION

This platform is only valid for litigation between companies and consumers.
If you have a conflict with a consumer about an online purchase and want to avoid legal proceedings, the online dispute resolution platform can be a suitable tool to find a quick and cheap solution. You can use it to make a claim against a customer (for example, default) or the customer can make a claim against you.
If you have an online company you have to provide the direct link to the RLL platform from your website. Your email address must be clearly indicated on the website.
When you have the obligation (by law, affiliation or contract) to visit a specific dispute resolution body, you must: Communicate to consumers, through the website, the dispute resolution body and add them in the conditions. Inform consumers about the RLL platform in the conditions and in the offers sent by emails

https://europa.eu/youreurope/promo/odr-banners/index_en.htm

18 LEGISLACIONES APLICABLES

.