I.- GENERAL INFORMATION.
The "portal" "www.scooters-electricos.com" (hereinafter, the "portal"), which includes, among others, the service "contact us", is owned by TEES&THINGS S.L., who makes it available to the user/s, natural persons/legal entities and who are engaged in the marketing of the products offered on the portal in order to provide information on the range of products related to the world of personal mobility vehicles (PMV).
Identification data: TEES&THINGS S.L.
Registration: R.M. Murcia, volume 3287, folio 26, page MU-92.629 Address: C/. Torre Molina 34, 30.009 Murcia
Contact: +34 606 973 550 / email@example.com
II.- CONDITIONS OF USE.
The use of the portal for the contracting of the products and/or services that appear in it is subject to the provisions of these general conditions of use and, where appropriate, particular, which regulate the offer of the same, conditions that you declare to know and accept expressly and fully from the moment you access the portal, at which time you become a user.
For these purposes, a user is understood to be any natural or legal person who, being engaged in the marketing/distribution of products, articles and/or goods, browses the portal and/or uses the services included or acquires the services or products offered. In no case shall the final recipient of the products offered through the portal be considered a user.
The user, when browsing the portal and/or using the services included, accepts without reservations of any kind, the present General Conditions of Use as well as the Particular Conditions that may be expressly indicated, with the obligation to read them at the moment of accessing the portal.
The General Conditions shall apply to the offer of products and services listed on the website, being the property of TEES&THINGS S.L. all the information described and recognized in the products offered, being forbidden its use by third parties without the authorization of TEES&THINGS S.L.
The general and particular conditions (if any) of use contained in this document serve to regulate all aspects arising from the use of the portal by the user, all in order to provide information on products and services as well as how to contract them.
2.- DURATION AND MODIFICATIONS.
The general and particular conditions (if any) of use contained in this document and unless expressly modified, are indefinite.
The owner of the portal TEES&THINGS S.L. reserves the right to interrupt and/or cancel the use of the portal unilaterally, without this implying any right to compensation for the user and/or third parties.
The general and particular conditions (if any) of use contained in this document as well as that which affects the portal itself and offers contained therein may be modified unilaterally by TEES&THINGS S.L. without affecting the contracts made at a time prior to such modification.
In the same way, any temporary suspension of the service of the portal and/or modifications to the same, without affecting the rights and commitments acquired previously, may be carried out unilaterally by TEES&THINGS S.L.
The use of the portal by the user and/or third parties once the modification has been made, both of the general and particular conditions (if applicable) and of any aspect related to the portal itself, will imply the express acceptance of what has been expressly modified.
3.- USER REGISTRATION: USE OF KEY AND PASSWORD.- USE OF THE PORTAL
General access to the portal is not subject to prior user registration. However, access to certain areas (thematic), services or resources of the portal may only be possible with prior user registration.
When completing the registration, the user will indicate in the form both the key and the password of his choice.
The user may only choose as passwords words, numbers or sets of both that are not contrary to the law, morality, generally accepted good customs or public order. It is forbidden to use passwords that, in any way, involve violation of industrial and intellectual property rights, or coincide or resemble company names or advertising slogans, when there is no fair title to do so.
Both the key and the password are confidential. Therefore, the user must use them with due diligence, and must keep them securely, so that it is not possible for them to be used by third parties, regardless of the relationship that the user maintains with them, as their transfer is not authorised.
The user undertakes to use the portal and its services in accordance with the general conditions (and particular, if any) that are established or may be established, with observance of the Law in any case.
In general, the user will refrain from using the portal against the content of the same contravening the Law, uses and good customs, and public order. Likewise, they shall refrain from making value judgments about the owner of the portal, other users or third parties that may affect the right to honor (threats, insults, insults, insults, etc.). And in general, you must make an appropriate use and related to the purpose of the portal itself, without by any means or machination and using artifices or mechanisms, can harm in any way to the owner of the portal, other users and / or third parties.
In any case, the owner of the portal reserves the right to cancel access to the user author of such conduct, without prejudice to the legal responsibilities that such behavior could generate.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY.
The user undertakes to respect the intellectual and industrial property rights. The use or granting of access to the portal does not imply the granting of any right over the trademarks, trade names or any other distinctive sign used therein.
The user may not exploit, reproduce, distribute, modify, communicate, transfer, transform or use the content of the portal for public, commercial or any other type of purposes without the express authorisation of TEES&THINGS S.L.
All the contents of the portal are the property of TEES&THINGS S.L., and no exploitation rights or any other rights that exist or may exist beyond what is strictly necessary for the correct and appropriate use of the portal may be understood to have been granted to any user.
The user must use the content of the portal in an appropriate and correct manner for the purpose for which it is intended, without in any case can perform any action for private benefit or that contravenes the rights of intellectual and industrial property, as well as third parties that are referred to in this portal.
Any reference made in this portal to products and/or services of third parties or any other information using the trademark, trade name or company name, which are owned by third parties, does not in itself constitute sponsorship or recommendation of any kind.
To this effect, TEES&THINGS S.L. expressly reserves the right to take any actions against the user/s and other third parties that may protect its legitimate intellectual and industrial property rights.
www.scooters-electricos.com is registered in the name of TEES&THINGS S.L. so, unless expressly authorised, it cannot be used by third parties without express authorisation.
The user is informed that his own use of this portal as well as the information published on it are his sole and entire responsibility. Similarly, the user shall be liable for any damages suffered by the user as a result of use of the portal, on his part, contrary to these General Conditions, as a whole, or the Particular (if any), or in violation of the provisions of the law, or contrary to custom and public order.
TEES&THINGS S.L. shall only be liable for damages that the user may suffer as a result of the use of the portal and its services when such damages are attributable to willful misconduct on its part.
The user acknowledges and accepts that the use of the portal, as well as the decision to purchase or not the products and/or services is made under his/her responsibility and determination, and this is without prejudice to TEES&THINGS S.L. assuming the responsibilities that may arise in relation to the content published on this portal.
TEES&THINGS S.L. is not responsible for product information not created by the company or not published under its name in an unauthorized manner, as well as any liability arising from the misuse of the contents.
TEES&THINGS S.L. cannot be held responsible for any errors or differences in the descriptions, specifications or finishes shown in the photographs due to changes made by the manufacturers and/or product updates.
TEES&THINGS S.L. does not guarantee the continuity of the website's operation or that it will be operative and available at all times.
TEES&THINGS S.L. shall not be liable for any damages that may arise, among others, from: 1) Actions, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative functioning of the user's computer or electronic systems, derived from causes beyond TEES&THINGS S.L.'s control that hinder or delay the use of the portal or the services offered by the same; 2) Network overloads or failures in the computer systems; 3) Illegitimate actions carried out by third parties in a fraudulent manner that cause any type of damage; 4) Stoppage of the service or impossibility of access due to force majeure.
TEES&THINGS S.L. does not control, in general, the use that the user makes of the portal and its services.
TEES&THINGS S.L. does not guarantee under any circumstances that the user uses the portal and its services in accordance with the law, these General Conditions of Use, Particular and Contracting Conditions, morality and good customs as well as public order, nor that they do so in good faith.
TEES&THINGS S.L. does not guarantee the accuracy and correctness of any links to other websites ("links"), which may exist and which in any case are for information purposes only.
TEES&THINGS S.L. shall not assume any kind of damage, loss or any kind of harm, direct or indirect, derived from the information, opinion, contents, applications, products and/or services that may be offered or visualized in the web pages that are the responsibility of third parties or collaborators outside TEES&THINGS S.L. which, if applicable, may have been accessed through the links included in this portal and its services.
TEES&THINGS S.L. does not control or verify any information, content, products or services provided through the links introduced to other web pages, nor does it have effective knowledge that the activity or information to which they refer, if any, the links are not of the same nature as the information, products or services provided through them.
links located on the portal are illicit or injure goods or rights of a third party susceptible to claim.
With regard to the links established by other websites to this portal, TEES&THINGS S.L. assumes no liability for any damages that the user may suffer for any aspect related to the website that offers the link or link. In any case, the establishment of the link does not imply the existence of any type of relationship, collaboration or dependence of TEES&THINGS S.L. with the owner of that website.
6.- COMMUNICATIONS AND DATA PROTECTION.
Phone: +34 606 973 550
Postal address: C/. Torre Molina 34, 30.009 Murcia.
In the same way, any communication that TEES&THINGS S.L. must make to the
user, it will be sent to the e-mail address or contact details (postal or telephone) provided by the user. It is considered that the user has provided, voluntarily and in accordance with the provisions of these General Conditions of use and, where appropriate, in the Special Conditions, your email address or other contact information by simply sending a communication to TEES&THINGS S.L. by that means, in which such address or data is clearly identified.
We also inform you that, in accordance with Law 15/1999 of December 13, Protection of Personal Data, and other current legislation on data protection, personal data collected through forms will be incorporated into a file owned by TEES&THINGS S.L. in order to channel requests for information, products, services, suggestions and customer complaints for management and resolution. The user may exercise the rights of access, rectification, opposition and cancellation by contacting TEES&THINGS S.L. C/ Torre Molina 34, 30.009 Murcia, or through our email address firstname.lastname@example.org, in the terms legally provided, and may request information.
For the purposes of art. 21 and ss of Law 34/2002, of July 11, 2002, of services of the information society and electronic commerce, the user expressly authorizes, when registering as such, the sending of advertising or promotional communications from the owner of the portal, unless at any time revoke such consent, simply by sending an email to email@example.com.
7.- APPLICABLE LAW AND JURISDICTION.
These General Conditions and the Particular Conditions that may eventually be established are governed by Spanish law. All disputes and / or discrepancies arising from the interpretation, execution or fulfillment of offers, acceptances or confirmations of orders placed by TEES&THINGS S.L. and the user, shall be subject to the jurisdiction and competence of the Courts and Tribunals of Murcia, expressly waiving any other jurisdiction that may apply.
III.- GENERAL CONTRACTING CONDITIONS.
FIRST.- GENERAL PROVISION
Without prejudice to the application and execution of the General Conditions of Use, previously indicated, the present General Contracting Conditions, as well as the General Terms and Conditions of Use, as well as the
Any Special Conditions that may be established shall govern the service and contractual relations between TEES&THINGS S.L. and each user who, through the portal, contracts the products and/or services offered, the characteristics and prices of which are duly identified in the corresponding accesses.
The present General Contracting Conditions are covered by the provisions of Law 34/2002, on Information Society Services and Electronic Commerce and Law 7/1998, on General Contracting Conditions. It is also indicated that these General Terms and Conditions exclude the application of any general conditions of purchase of the respective users (distributors and / or third parties) against the final consumer.
The navigation through the portal, the use and/or acquisition of any of the products and/or services of the portal, implies the acceptance as a user, without reservations of any kind, of each and every one of the present General Contracting Conditions, of the General Conditions of Use of the portal, as well as, if applicable, of the Particular Conditions that, if applicable, may be established.
TEES&THINGS S.L. informs that the procedures to purchase goods and/or products and/or contract the services offered in this portal are those described in these General Contracting Conditions, as well as those other specific ones that are indicated on the screen during browsing, so that the user declares to know and accept these procedures as necessary to access the products and/or services offered in the portal.
TEES&THINGS S.L. reserves the right to decide at any time the products contained in the portal and offered to users through it. Thus TEES&THINGS S.L. may at any time add new products to those included in the portal, it being understood, unless otherwise provided, that such new products shall be governed by the provisions of these General Terms and Conditions in force at that time.
TEES&THINGS S.L. also reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the website.
At present, TEES&THINGS S.L., by selling exclusively to intermediaries and/or non-definitive recipients of the products and/or services offered, is liable for defects in the quality or quantity of the goods in accordance with the Royal Decree of 22 August 1885 by which the Commercial Code is published.
SECOND.- PROCEDURE FOR THE ACQUISITION OF PRODUCTS AND/OR SERVICES ON THE PORTAL.
For the acquisition or purchase of products and / or services on the portal, the user must follow the instructions shown on the screen and accept the purchase by complying with these instructions, which implies, after registration, reading and irrevocable acceptance of all these General Conditions of Contract and Use of the portal, as well as, if any, of the Special Conditions that may exist and be applicable.
The products and/or services offered on the portal, together with their characteristics and price will appear on the screen. There are some products with scaled prices depending on the quantity requested. This scaling is reflected in a table that is located within the product detail.
The final price (in €) broken down for each product: taxable amount, discounts if any and VAT of the total as well as shipping (if any) will be reflected once the order is confirmed in the section "Products in your cart".
The user will browse through the different sections and select the product or products you wish to purchase by "clicking" on the "buy" button, to subsequently and after choosing the number of units, proceed to "add to cart". There is the possibility of selecting combinations within the same product; these combinations must be made before proceeding to "add to cart".
TEES&THINGS S.L. is not responsible for the offer published on the website in the event that it is changed by the suppliers of the products offered. The products shown on the website have some measures, colors and features for guidance and show an approximation to reality, so it could happen that sometimes and eventually these ends do not coincide with those of the actual products. That is why the user is recommended to verify the exact appearance and technical conditions of the product prior to the acquisition of the same through the portal.
The information on products as well as their specifications provided by TEES&THINGS S.L. are informative and orientative in nature. TEES&THINGS S.L is not responsible for the use of the products offered in any case.
The products that are selected by the user are accumulated in what is called "cart". At any time and at the end of the purchase process, once all the products and/or services have been chosen, the user must click on the "Confirm Payment" button. At that moment the user will have to go through the indications of the portal redirecting to the following options:
1) Account : where you must confirm billing and shipping address. 2) Delivery: deadline
3) Payment: term and form.
TEES&THINGS S.L. reserves the right to request any user of the portal who has made a purchase to justify the payment of the same and/or to identify himself/herself by means of a telematic (fax, e-mail or similar) or physical document that identifies him/her as the buyer, or representative of the buyer, and which may include, where appropriate, the delivery address (National Identity Document / Foreigners' Identification Number, Passport, Residence Permit Card, Certificate of Registration, Representative Titles of legal entities, etc.).
All the information provided during the contracting process will be stored by TEES&THINGS S.L. in such a way that the user may, upon request made in writing or by email, request information regarding the operations carried out by him/her within the previous six (6) months. Any modification and/or correction of the data provided by users during browsing must be made according to the indications included in the Portal.
The user has the right to receive, free of charge, the invoice of his purchases.
If required, and in the case of legal entity users, the natural persons acting on their behalf and representation, through this website, guarantee to TEES&THINGS S.L. and third parties that they are acting under a valid representation title duly granted in their favour by the corresponding legal entity and that they are in force at the time of carrying out the relevant transaction. In this sense, the natural persons acting on behalf of the legal entity guarantee that at the time of the transaction they are not violating the rights of any third party in this respect and that the data and information relating to the legal entity are truthful, accurate and reliable. Consequently, the natural persons acting on behalf of any legal person assume, fully and exclusively, any liability that may arise from the lack of truthfulness or accuracy of their representation and information or communications provided in the use of this portal. Therefore, the natural persons acting on behalf of any legal person must hold TEES&THINGS S.L. harmless, without economic limit, against any liability that may be required in relation to their aforementioned representation and information or communications provided in the use of this website.
The purchase-sale will be understood to be perfected at the moment in which TEES&THINGS S.L. accepts, in any of the forms recognised by law, the order requested.
THIRD.- SPECIFICATIONS ON DISCOUNTS, SHIPPING AND PAYMENT.
Certain discounts may appear on the portal depending on the volume of products that can be purchased. These discounts will appear on the portal when you place your order. Special reference is made to the nomenclature "From", which refers to the lowest price of the product offered.
In relation to shipping, it is indicated that the "Shipping costs" are reflected costs for such concepts are applicable depending on the destination and the amount of the amount of the order. These costs will be stipulated at the time of ordering as they are reflected in the portal itself, so that, regardless of its automatic application by the portal itself, it is advisable prior review by the user, especially with regard to the section "free shipping", which is reflected below the main menu.
As for the means of shipment is indicated that all orders placed through the portal will be made through courier companies (contracted by TEES & THINGS SL). The courier service covers Spain Peninsula, Balearic Islands, Ceuta and Melilla, Canary Islands, France, Portugal and United Kingdom (UK). In case of requesting shipment to any other place in the world, we will inform and agree the form and price of the service.
Exceptionally and for cases of delay in shipment of products, there may be the possibility that the article or product, whose availability has been confirmed, is exhausted during the purchase process itself (including and computing also the period in which the user may incur when making and concluding the corresponding payment, as in cases of payment by transfer.) or that delivery times are delayed on days of special discounts, natural causes, strikes and / or force majeure. In this case the company will inform the user by sending an email or by phone call, offering the appropriate alternatives: either the delivery of the same product or article in a period longer than initially agreed, or the replacement of the product or article for another of similar characteristics, functionality, quality and price, or the refund of the price paid.
No shipments will be made to post office boxes or public places. For shipments of special products or to particular geographical destinations, TEES&THINGS S.L. must be previously informed. Otherwise, TEES&THINGS S.L. reserves the right to modify or even suspend the shipment, with the consequences described in the previous paragraph. All this without prejudice to agreeing a new delivery point or means of delivery with the user.
Deliveries will not be picked up at the company's head office, nor will express deliveries be made.
Payment options - TEES&THINGS S.L. offers its customers the option of paying for orders placed in 30, 60 and 90 days. The payment schedule that is finally stipulated is subject to prior agreement with the user. In the absence of agreement or express agreement, the payment of products and / or services will be 60 days after receipt of goods.
TEES&THINGS S.L. does not guarantee that the products and/or goods advertised on the website are available and that the prices are those in force at the time of consultation of said website. TEES&THINGS S.L. reserves the right to make, at any time, as many changes and modifications as it deems appropriate and necessary for this purpose.
FOURTH - GUARANTEE
Claims for visible defects of delivered products must be communicated immediately and reliably to TEES&THINGS S.L., and in any case within 24 hours of receipt thereof. S.L., and in any case within 24 hours of receipt of the same.
In the case of wrapped or packaged products or goods, claims must be reliably communicated to TEES&THINGS S.L. within four (4) days of delivery or availability.
Claims for internal defects of the products or goods must be reliably communicated to TEES&THINGS S.L. within thirty (30) days following their delivery or availability.
Any user who allows the aforementioned periods to elapse without notifying TEES&THINGS S.L. of his or her claim in a reliable manner shall lose all legally established claims.
In case of claims in time and form, and provided that such claim is justified, the user may terminate the contract, returning the goods and recovering the price, or require compliance, in which case it will be the characteristics of the order and the stock of the same, renouncing any compensation against TEES&THINGS S.L.
TEES&THINGS S.L. is not responsible for any type of damage, breakage and/or breakdown of the products and merchandise offered derived from unforeseen circumstances, force majeure or inherent vice of the thing due to the use that such products and merchandise are assigned to them.
TEES&THINGS S.L. is not responsible for the lack of suitability of the products and/or services offered in the case of attribution of the user for purposes other than normal use.
TEES&THINGS S.L. shall not be liable to the user or third parties for losses, direct or indirect damages, derived or related to the products and/or services contracted, including accidents to persons and damage to property or things, including loss of profits, if it has not been expressly agreed in writing to the specific order.
The guarantee of the products purchased by the user of the portal that are subsequently distributed to consumers and users will be managed directly between the user and said consumers and users, without this relationship with the final recipient affecting TEES&THINGS S.L. in any way.
The guarantee of the products and goods offered will be automatically invalidated by loss of the control label or manipulation of the same, by damage or breakdowns due to incorrect use, non-observance of the instruction manual, accidents, knocks, breakages, accidents or breakdowns produced by other causes not attributable to the normal conditions of use and/or operation, absence of maintenance, adjustment, revision, cleaning, use in unsuitable environments and other circumstances not foreseen for the proper use of the product purchased.
The refund of the amounts charged will be made in the same form and / or means of payment that the user used to make the corresponding payment in the initial transaction.
The return shipping costs of the purchased product will be paid by the user.
For the return of the product and / or goods, which make up the order, you must join the corresponding invoice or delivery note. The goods must be delivered in perfect condition, properly packaged and insured to avoid possible damage in transit, as well as perfectly identified and marked with the initial order number.
Returns will only be accepted for orders purchased through the channels specified on our website.
The user is expressly informed that they shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.
There is no right of return in the case of products that have been made to the consumer's specifications or clearly personalized, such as custom-made, manipulated or processed goods.
An exception to the exercise of the right of withdrawal is also made in the case of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
SIXTH.- RESERVATION OF OWNERSHIP.
TEES&THINGS S.L. expressly reserves the ownership of the goods delivered or made available to users until the effective and full payment of the price.
In the event of non-payment of the price of the products and/or goods supplied, TEES&THINGS S.L. may choose between exercising its reservation of title and recovering the goods with the relevant compensation for depreciation or deterioration of said products and/or goods or claiming the price plus the legally applicable interest.