Ms. Rocío Arrupe
Severo Ochoa 47,
GENERAL CONDITIONS FOR ONLINE CONTRACTS
1.- Introductory information
The present general conditions for on line contracts (hereafter, the general conditions of purchase) in conjunction with any other specific contractual agreements, if and where appropriate, govern the relationship between the company PREMO, S.A. (hereafter, the entity) and third parties (hereafter, the clients) who purchase products that are offered in the ONLINE SALES webpage www.grupopremo.com.
The present general conditions neither set aside, nor modify the general sales conditions of the Grupo Premo that are published in its webpage, but complement them.
The identification details of the company responsible for the ONLINE SALES webpage are as follows:
Tax number: A-64346695
C/ Severo Ochoa, 47 / Parque Tecnológico de Andalucía
29590 Campillas (Málaga)
Registered at the Malaga Commercial Registry in Volume 4866, book 3774, page 98, sheet number MA-108704.
The present general conditions comply with the provisions of the Law 34/2002, of 11 July, on services in the information society and on electronic commerce, Law 7/1998, of 17 April, on general conditions of contracts, Royal Decree 1906/1999, of 17 December, on contracts concluded by telephone or other electronic means subject to general conditions, implementing article 5(3) of the Law 7/1998, Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law on the Protection of Consumers and Users and other complementary regulations, Law 7/1996, of 15 January, on retail commerce, Royal Decree-Law 14/1999, of 17 September, on electronic signature, and with any other applicable legal provision.
The online purchase of any product is subject to the acceptance of the present general conditions of purchase and to the express, full and unconditional acceptance of all general sales conditions published by PREMO, S.A. and the conditions applicable to the use of the service at the time the client accedes the webpage.
Orders may be placed in Spanish or English.
In case the client agrees to the present general conditions of purchase, he must click on the button “I accept the present general conditions of purchase”. Otherwise, he will not be able to complete his purchase.
2.- Nature of the ONLINE PURCHASE webpage
The client declares that he or she is either an entity with legal capacity, or a natural person of legal age (or an emancipated minor) and that he or she has the legal capacity to conclude contracts and to execute the present general conditions of purchase with PREMO, S.A. Nonetheless, the client accepts expressly and unconditionally that he or she is solely and exclusively responsible for his or her access and use of the ONLINE SALES webpage.
PREMO, S.A. reserves the right to modify unilaterally at any time and without prior notice the presentation and structure of the ONLINE SALES webpage, and to suspend temporally or permanently access to the webpage.
3.- Operational Management of ONLINE SALES
3.1.- Proceedings to be followed for any purchase
PREMO, S.A. informs that the obligatory proceedings for any purchase of products are displayed in the present general conditions of purchase, as well as in any other proceeding set forth during the purchase process.
3.2.- Products and prices
The object of the ONLINE SALES of PREMO, S.A. is the sale of certain materials or inductive components through the portal www.grupopremo.com via the internet.
PREMO, S.A. reserves the right to modify unilaterally at any time and without prior notice the prices of materials and to suspend or cancel sales temporally or permanently.
Prices of products displayed on the webpage do not include the VAT or any other tax. Likewise, prices do not include shipping costs for products.
At the end of the purchase process, the VAT, other taxes, if and where applicable, and shipping costs will be added to the price.
3.3.- Purchase of the product
PREMO, S.A. ensures the existence of all products offered in the webpage.
Nevertheless, for security reasons, a client may not make a purchase for more than SIX THOUSAND EURO (6.000,- EUR) with credit card per operation and day.
According to the pre-established purchase process, the client selects by marking the desired products. He will have to identify himself subsequently by providing the personal data necessary for the purchase. The process finishes by indication the data of his credit or debit card.
3.4.- Delivery of the product
The following shipping times and costs are shown here as a mere indication:
DESTINATION SHIPPING TIME
* Online orders placed before 10 a.m. will be delivered within 24 hours. Online orders placed after 10 a.m. will be delivered within 24 – 48 hours.
3.5.- Shipping costs
Shipping costs will be added to the price of the product; shipping costs must be clearly and visibly identifiable at the time of the purchase.
Shipping costs vary depending on the modality chosen for the delivery service, normal or urgent, and depending on the size of the product.
The following shipping costs are shown here as a mere indication:
Rest of the world
3.6.- Place of execution of the contract
The purchase is understood to be executed at the seat of PREMO, S.A.
As stipulated in article 4 of Royal Decree 1906/1999, of 17 December, on electronic contracts, the client is given a period of 7 business days as of receipt of the product to cancel without penalty the contract.
Notice of the cancellation can be given to PREMO, S.A. within said time period of 7 days by e-mail sent to email@example.com.
In any case, upon substantiation that the acquired material has not been used, PREMO, S.A. will return the purchase price disbursed by the client with credit or debit card within 30 business of said substantiation.
Shipping costs incurred for the delivery and, where appropriate, return of the product will not be reimbursed to the buyer.
5.- Invoicing and payment
It is herewith announced to the benefit of those clients who need an invoice for the purchase made, that according to Royal Decree 1496/2003, of 28 November, approving the Regulation on invoicing obligations, the deadline for producing the invoice is on the 16th day of the month following the relevant purchase.
The user undertakes to pay at the time he or she places the order. VAT and any other tax, if and where applicable, and the corresponding shipping costs will be added to the initial price displayed on the webpage for each of the products. Such shipping costs will be revealed to the client before his purchase is executed.
The client must pay the amount that corresponds to his order by PayPal or credit card. In case the point of sale system (PSS) informs that the payment by credit card is rejected, the order will be automatically cancelled and the client will be duly informed online about this event.
Payment may be made by means of credit or debit cards VISA, AMERICAN EXPRESS, MAESTRO, DISCOVER, TARJETA AURORA, MASTERCARD and by PAYPAL.
To proceed with payment, the client must execute each and every instruction on his screen, providing the following information about the card: a) type; b) number; c) expiration date; d) CVV; e) name and surname of the cardholder. PREMO, S.A. guarantees the safety of the transaction, as it is equipped with the latest technological standards for security protocols and services at the date of the operationalization of the SALES ONLINE webpage.
It is herewith announced to ensure greater security, that bank data shall not be registered in any computer application pertaining to PREMO, S.A. and shall only be used for the payment processes by the bank.
The information about the purchase shall be kept for a 7 years period. The client is entitled to get information about the details of his or her purchases upon request, provided the mentioned 7 years period has not elapsed.
6.- Force majeure
Force majeure includes, but is not limited to: (i) any event that is impossible to foresee, or which being foreseen or foreseeable, is unavoidable, (ii) errors in acceding to the different webpages appertaining to PREMO, S.A., (iii) power supply failures and cuts of telephone line, (iv) damage caused by third parties, or attacks on the portal server (virus) having an impact on the quality of the services without being attributable neither to PREMO, S.A., nor to the user, (v) errors in the transmission, dissemination, storage or delivery of the products or contents of the portal to third parties, (vi) problems or errors with regards to receiving, obtaining or acceding on the side of third parties, (vii) fire, (viii) floods or earthquakes, (ix) strikes or labour conflicts and any other type of social unrest preventing the delivery of products and, consequently, compliance of the obligations accepted by PREMIO, S.A., (x) shortage or non-availability of fuel or electricity, (xi) accidents, (xii) wars, (xiii) commercial and similar embargoes, (xiv) blockades, (xv) riots, or (xvi) any governmental decision. Administrative and managerial errors are not considered force majeure.
7.- Data protection
PREMO, S.A. is committed to a strict policy of confidentiality with respect to the personal data provided online by users and undertakes to protect them. This protection comprises all matters relating to the collection and use of the information provided via the internet.
In this sense, PREMO, S.A. guarantees pursuant to the provisions contained in the Organic Law 15/1999, of 13 December, on the protection of personal data (LOPD), that personal data of its clients will be treated as confidential and that the server in which such data shall be stored and processed, enjoys all required security measures to prevent unauthorized access by third parties.
To this effect, PREMO, S.A. guarantees that it has implemented in its premises, systems and files all appropriate technical and organizational measures as required in Royal Decree 1720/2007, approving security measures applicable to files containing personal data and in its implementing regulations. Nevertheless, PREMO, S.A. is entitled to convey personal data and any other information contained in its files to the competent public authorities, when so required, in accordance with the laws and regulations that apply to each case.
Pursuant to the provisions of the LOPD, it is herewith announced that the collection of personal data is performed for the following purposes: (i) to be in a position to render the services that can be accessed through our portal, (ii) commercial and marketing objectives conveyed by any means (electronic or not), and (iii) to conduct surveys, statistical and market trend analyses.
In any case, your personal data will be incorporated into the files at PREMO, S.A. that correspond to the services that you request and for the objectives described in paragraph (i).
In case there is no OPPOSITION, your data may also be used to get in contact with you, even via internet, with respect to objectives (ii) and (iii). Contact can be established directly or through any other company in the Group Premo.
You may exercise the right of access, objection, rectification and cancellation by means of addressing a message to PREMO, S.A. at its e-mail address firstname.lastname@example.org, or by mail to PREMO, S.A. calle Severo Ochoa, 47, 29590 Campanillas (Málaga), with the following reference: “Exercising rights under the LOPD”.
8.- Written confirmation of the executed contract
PREMO SAU shall send by telematic means, via e-mail, to the client upon completion of the purchase the confirmation of the contract entered into with all its terms. This will be done in the shortest possible time frame and in any case within 24 hours of completion of the purchase process.
Likewise, an e-mail will be sent to the buyer informing about the delivery of the purchased product to the transport company.
9.- Loss, theft or larceny
Loss, theft or larceny of the product is the sole responsibility of the client and PREMO, S.A. is released of any liability in this context.
10.- Applicable law and jurisdiction
The present general conditions of purchase shall be subject to and construed in accordance with the legislation of Spain.
For any dispute arising from the existence, access, use or content of the general conditions of purchase, both the client and PREMO, S.A. undertake to submit to the jurisdiction and to the exclusive competence of the Courts and Tribunals of Barcelona, renouncing explicitly to any other jurisdiction that they may use.
Acceptance by the client of the present conditions of purchase is an unavoidable and compulsory condition precedent. The client declares under his or her own responsibility to have read and accepted the present general conditions of purchase.