Terms and conditions of electronic commerce in Eura Drives Tienda
This page (together with the documents that are mentioned in it) informs you about the terms and conditions according to which we supply any of the products (the ‘Products’) that appear on our website EuraDrivesTienda.com. Read these terms and conditions carefully before requesting any Product from the Site.
These terms and conditions do not affect any of your legal rights. However, it is important that you understand that by requesting one of our Site Products, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
EuraDrivesTienda.com is a site owned by SISTEMATISMOS, SL, a Spanish company registered in Oviedo (Asturias). The main commercial address of this website is located at the registered office, in Oviedo, Monte Auseva street number 14 mezzanine, zip code 33012, and its tax identification number is ESB-33218611.
3. YOUR STATE
By placing an order through EuraDrivesTienda.com, you guarantee that:
Has the legal capacity to enter into binding contracts, and
You are at least 18 years old
We can only make deliveries in the countries listed in the shipping address of the payment page. Contact EuraDrivesTienda.com to see what other alternative means exist for delivery to other countries.
When you receive the order confirmation, you will be informed about an approximate date of delivery of the Product.
A signature will be required at the time of delivery of the Product. If the buyer is not present, a person over 18 years of age must be available with the buyer’s authorization to receive the delivery. If we can not make the delivery of the Product on the agreed date because there is no one at home, we will leave a notification indicating that we have tried to make the delivery. It will then be your responsibility to contact us to arrange a new delivery date.
9. ELECTRONIC COMMUNICATION
When you visit EuraDrivesTienda.com or send us emails, you are communicating with us electronically. We may communicate with you, in accordance with these terms and conditions, by email. For contractual purposes, you accept this method of electronic communication and acknowledge that all contracts, notifications, information and other communications provided electronically comply with any legal requirement that such communications must be in writing. This condition does not affect your legal rights.
Based on these terms and conditions, all notifications that you send us must be in writing by email or sent to the address listed in paragraph 4 above. We can send you notifications to the email address or postal address you provided when placing an order, or by any of the forms specified in paragraph 4. The notifications will be considered received and correctly delivered immediately when they are published in EuraDrivesTienda.com , 24 hours after an email message has been sent, or three days after the date of mailing a letter. To prove the sending of any notification, it will be sufficient to show, in the case of a letter, that the address of the letter was correct, that it was sealed and sent by mail and, in the case of the email, that the email was sent to the specified email address of the recipient.
13. EVENTS OUTSIDE OF OUR CONTROL
We are not responsible for any failure or delay in fulfilling any of our obligations under the contract that is caused by events beyond our reasonable control (‘Force Majeure Event’).
A Force Majeure Event includes any act, event, event not occurred, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lockouts or other industrial action
Civil commotion, revolt, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat of war or war preparation
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
Impossibility of use of railways, ships, airplanes, motor transport or other means of public or private transport
Impossibility of use of public or private telecommunications networks
Laws, decrees, legislation, regulations or restrictions of any government
The obligations stipulated in the contract will be considered suspended during the period in which the cause of force majeure continues, and the term to comply with the obligation for an equivalent period will be extended. We will show the due diligence so that the event of force majeure does not persist or to find a solution that allows to fulfill the obligations of the contract in spite of the cause of force majeure.
If any of these terms and conditions or any provision of a contract is determined by a competent authority as invalid, illegal or unenforceable to any degree, such term, condition or provision in that regard shall be separated from the other terms, conditions and provisions, that will remain valid to the maximum extent permitted by law.
17. OUR RIGHTS TO MODIFY THESE TERMS AND CONDITIONS
We have the right to revise and modify these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in effect at the time you requested the Product, unless any changes in policies or terms and conditions are required by law or governmental authority (in which case it will apply to orders that you have already made), or if we notify you of the changes in the policies or these terms and conditions before sending you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, to unless you inform us otherwise within seven working days of receipt of the Product).
2. ACCESS TO THE SITE
4. HOW THE CONTRACT IS ESTABLISHED BETWEEN US
A legally binding contract will be formed between us when:
You have confirmed that you wish to continue with the purchase of one or more Products, and we have confirmed that we will sell you the Product (s), and have received the payment of the price and any additional amount.
When your order has been completed, you will receive confirmation of the Products ordered, the price paid, the approximate date of delivery and the number assigned to your order.
If you wish to modify any part of your order once it has been accepted and the payment has been made, you will have to contact us by one of the following methods:
Email: admin (a) euradrivestienda.com (NOTE: replace (a) with @)
Phone: +34 98 529 6329
Postal mail: Monte Auseva Street, 14 mezzanine, 33012 Oviedo – Asturias – Spain
EuraDrivesTienda.com offers several standard payment methods; by credit card, or payment by transfer or deposit into account. The payment account number is indicated when selecting this payment method.
PayPal is also used to provide the highest level of security for payments processed through this store. PayPal guarantees your security by encrypting the connection during the transmission of banking data on the network, and protecting your financial data throughout the ordering and payment process.
Please note that if the security department has any suspicion of fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur before completing the payment process.
8. CANCELLATION AND RETURN
You may cancel or change your order at any time before or until 7 (seven) days after the delivery of the Product. If you wish to cancel or change your order, you must give us clear written instructions that you wish to do so, either by email or by writing to the address indicated in paragraph 4 above.
If you wish to cancel or change your order within 7 (seven) days after receiving the Product because you have changed your mind or the size is not correct, it will be your responsibility to request that we go to collect the Product. The Product must be complete, unused and in the same conditions as when it was delivered. If you remove the Product from its packaging, you must have done it without damaging or leaving marks on the Product. Any other accessory must be returned with the Product.
If you cancel your order before the Product has been delivered, we will refund the amount on the card with which you made the payment of the price minus the shipping costs incurred.
In case of cancellation or change, we must authorize and organize the collection of the Product. You will be charged the sum of € 30.00 (€ 30) VAT included to cover the expenses incurred in the recovery of the Product. We will refund the amount paid on the card with which you made the payment, minus the cost of delivery of the Product (a maximum charge of 30.00 Euros, VAT included) and less the cost of collecting the Product to your credit. If you want to return the Product due to a defect or because there is any damage to it, you must organize the collection of the Product with us. We will examine the Product and you will be issued a replacement with the same characteristics and value or we will process a refund of the price paid for the Product, including shipping costs, if we agree that the defect or damage is our responsibility.
We can not cancel your order if you are unable to offer us a proof of purchase or if we believe you have used the Product.
10. OUR RESPONSIBILITY
We guarantee that any Product that you buy from us through EuraDrivesTienda.com has a satisfactory quality.
Our responsibility in relation to any Product purchased through EuraDrivesTienda.com is strictly limited to the purchase price of the Product. This does not include or limit in any way our responsibility towards:
Death or injuries caused by our negligence
Under Article 2 (3) of the Consumer Protection Act of 1987
Fraud or falsehood
Any question why it would be illegal for us to exclude, or try to exclude, our responsibility.
We accept no responsibility for any loss of income or profits, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of management or office time or any indirect or consequential loss or damage of any kind. type well derived or caused by tort (including negligence), breach of contract or others, even if it is foreseeable.
Information on warranty periods and after-sales service can be found in the appropriate user manual of the purchased Product.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and EuraDrivesTienda.com is binding for both parties and for our respective successors and assigns. You may not transfer, assign, encumber or dispose of a contract, or any of its rights and obligations derived from it, without our prior written consent.
We may transfer, assign, encumber, subcontract or dispose of a contract, or any of our rights or obligations arising therefrom, at any time during the term of the contract.
If we fail at any time during the term of the contract to insist on strict compliance with any of its obligations under the contract or any of these terms and conditions, or if we are unable to exercise any of the rights or remedies to which We are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not exempt you from fulfilling those obligations.
The waiver by us of any breach will not constitute a waiver of any subsequent breach.
No waiver by EuraDrivesTienda.com of these terms and conditions will be effective unless expressly stated as a waiver and communicated in writing, in accordance with paragraph 11 above.
16. COMPLETE AGREEMENT
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject of any contract and supersede any prior agreement, understanding or contract between us, either orally or in writing.
Each party acknowledges that, in entering into a contract, none of us has any representation, offering or promise given by the other or tacitly with anything said or written in negotiations prior to such contract, except as expressly provided in these terms and conditions .
None of us will have any recourse with respect to any false statement made by the other, either orally or in writing, before the date of a contract (unless that false statement was made fraudulently) and the only recourse of the another part will be for breach of contract in accordance with the provisions of these terms and conditions.
18. APPLICABLE LEGISLATION AND JURISDICTION
Contracts for the purchase of a Product through EuraDrivesTienda.com will be governed by Spanish law. Any dispute arising from, or related to, these contracts will be subject to the exclusive jurisdiction of the courts of the Kingdom of Spain.
EuraDrivesTienda.com entrusts the legal defense to the famous law firm Álvarez-Hévia Abogados of Oviedo.