This contractual document will govern the contracting of products and services through the website https://bimordiscos.com/, property of Bimordiscos S.L, hereinafter PROVIDER.
The acceptance of this document implies that the USER:
–You’ve read, you understand and you’re agree with this text.
– You are a person with sufficient capacity to contract.
– You assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is
Pol. Ind. Campollano, Cuarta Avenida, 78, Nave 5.
02007 – Albacete and with customer service telephone number 695 26 46 04
And on the other, the USER, registered on the website through a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product or service.
The USER will select a username and password, agreeing to make diligent use of them and not make them available to third parties, as well as notify the PROVIDER of their loss or theft or possible access by an unauthorized third , so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
- General contracting clauses.
- Shipping orders.
- Right of withdrawal.
- Force majeure.
- Generalities of the offer.
- Price and period of validity of the offer.
- Transportation costs.
- Form of payment, expenses and discounts.
- Purchase process.
- Applicable guarantees.
- Warranties and returns.
- Governing Law and Jurisdiction.
- GENERAL CONTRACT CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
- SHIPPING OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Merchandise shipments will usually be made through GLS, according to the destination freely designated by the USER.
The delivery dates or deadlines will be understood as approximate, the delay not constituting an essential non-compliance. In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby being derives no liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 3 working days, except for items made to order, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has made the products available to the USER and the USER, or his delegate, has signed the delivery receipt document.
It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to carry out this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and/or claim the possible vices or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may not be applied in the following cases:
- If the product is not presented in perfect condition.
- If the product packaging is not original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tape applied directly to it being prohibited.
- When the product is open without being able to demonstrate that it has not been used.
- In the software applications that are directly downloaded through the portal.
- When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.
All returns must be communicated to the PROVIDER by email at , indicating the invoice or order number.
Once the communication has been made, the USER will send the product to the PROVIDER, indicating the invoice or order number inside the package, with transportation costs at his expense, at the address of X
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses: email@example.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
- GENERAL INFORMATION ON THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Bimordiscos S.L or what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
- PRICE AND VALIDITY TERM OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services attached to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the USER.
For any information about the order, the USER may contact PROVIDER through the customer service telephone number or via email to the address .
- TRANSPORTATION COSTS
The prices do not include shipping or communication costs, or installation, or complementary benefits, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the delivery address.
The GLS transport rate applied is as follows:
IBERIAN PENINSULA (SPAIN)
Get in touch with us through our email firstname.lastname@example.org and we will inform you about the possibilities of shipping and its conditions.
- FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- Credit card
- PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalization:
- – Checking the billing information.
- – Checking the shipping address.
- – Selection of the payment method.
- – Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department.
Orders (purchase requisitions)
In a maximum of 24 hours, on working days, an email will be sent to confirm the status of the order.
And, once the order is prepared, you will be informed through your email.
- APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. They all have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of consumers and users and other complementary laws.
- GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws , of July 10, on Guarantees for the sale of consumer goods:
- I) Conformity of the products with the contract
- Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements that are expressed below, except that due to the circumstances of the case, any of them is not applicable:
- a) They conform to the description made by Bimordiscos S.L
- b) They are suitable for the uses to which products of the same type are ordinarily used.
- c) They are suitable for any special use required by the client when they have informed Bimordiscos S.L at the time of signing the contract, provided that the latter has admitted that the product is suitable for this use.
- d) Present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Bimordiscos S.L.
- e) Bimordiscos S.L describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
- The responsibility for lack of conformity that the USER knows or could not ignore at the time of signing the contract or that originates from materials supplied by the USER will not apply.
- II) Responsibility of the PROVIDER
Bimordiscos S.L will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Likewise, it recognizes the USER the right to repair the product, to replace it, to reduce the price and to terminate the contract.
III) Repair and replacement of products
- If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to Bimordiscos S.L the option chosen, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of the following article IV for the cases in which the repair or replacement fails to bring the product into conformity with the contract.
- Any form of remediation that imposes costs on Bimordiscos S.L that, compared to the other form of remediation, are unreasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
- IV) Rules for the repair or replacement of the product
Repair and replacement will conform to the following rules:
- a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
- b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
- c) The repair suspends the computation of the terms referred to in article VII. The suspension period will begin from the moment the USER makes the product available to Bimordiscos S.L and will conclude with the delivery to the USER of the already repaired product. During the six months after the delivery of the repaired product, Bimordiscos S.L will respond for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
- d) The substitution suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. The second paragraph of article VII shall apply to the substitute product, in any case.
- e) If the repair is completed and the product delivered, it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or resolution of the contract under the terms of article V.
- f) If the substitution fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI.
- g) The USER may not demand substitution in the case of non-expendable products, nor in the case of second-hand products.
- V) Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the product and in the cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the user. The resolution will not proceed when the lack of conformity is of minor importance.
- VI) Critery for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract, and the value that the product actually delivered had at the time of delivery.
- Bimordiscos S.L is responsible for any lack of conformity that is manifested within a period of two years from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
- Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if this is later.
- The action to claim compliance with the provisions of the preceding articles prescribes
three years from the delivery of the product.
- The USER must inform Bimordiscos S.L of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER or it involves an excessive burden to contact Bimordiscos S.L due to lack of conformity of the products with the sales contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Bimordiscos S.L, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer is understood as the manufacturer of a product or its importer in the territory of the European Union, or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to repeat responsibility for the lack of conformity. This period is computed from the moment the sanitation was completed.
- APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the Courts and Tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Albacete (Spain).