GENERAL TERMS AND CONDITIONS OF TRADE
SL established in GRANOLLERS (Barcelona,08403) at c/Severo Ochoa nº 49 Poligono Font del Radium
The present general conditions shall apply between Taiguer Generadores S.L ( hereinafter Taiguer) and any person making a trade through the web page www.taiguergeneradores.com (hereinafter Website). To purchase products, the user will previously have to register on the Website, thus obtaining the status of Customer. This status of Customer implies adherence to the General Conditions of trade in its current version available on the Website.
PROTECTION OF PERSONAL DATA
To fulfil the Fundamental Law 15/1999, on December 13th., about Protection of Personal Data, Taiguer informs the users about the existence of an automatic file with the personal data obtained in the register form of this Website, created and maintained under the responsibility of Taiguer.
The aim of this file is to facilitate the processing of orders and to send special offers in the futur on items or services that may be of interest for our customers. Taiguer guarantee the security and confidentiality of the data provided. Taiguer agrees to bide by its obligation to maintain the secrecy of personal data and of its duty to guard them and adopt any necessary means to avoid their alteration, loss, processing or non-authorized use. Therefore all the information about our customers will not be used by commercial intentions and will not be given to third parties.
The customers of Taiguer will be able, at any moment, to exercise their rights of access, rectification, cancellation and opposition by sending an email at firstname.lastname@example.org
PROPER USE OF THE SERVICES
The Customer is obliged to use the services of the Website diligently, correctly and legitimately and, in particular, including without limitation, agrees to abstain from:
(a) using the Services for purposes or effects that are against the Law, morality and generally accepted good practices or public order;
(b) reproducing or copying, distributing, permitting access from the public by any means of public communication, transforming or modifying the content, unless prior authorization has been obtained from the titular owner of the corresponding rights or it is legally permitted;
(c) realizing any act that could be considered as a violation of any intellectual or industrial property rights belonging to Taiguer or to third parties;
(d) using the Servicies and, in particular, the information of any kind obtained via the Website to send publicity, communication for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a group of person, independently of the objective, also refraining from commercialising or divulging the said information in any manner or form;
The Customer will be liable for any damages of any nature that Taiguer might suffer, either directly or indirectly, as a result of the failure to comply with any of the obligation aforementioned and any other derived from this General Conditions and/or the Law regard to the use of the Website.
Taiguer will act at all time so as to ensure the respect of the existing juridical order, and will be entitled to interrupt, in its absolute discretion, the service or to exclude a Member of the Website in case of alledged commission, complete or incomplete, of any specific offence or fault under the current Criminal Code, or if Taiguer observes any behaviour that they consider contrary to the General Conditions of Contract established for this Website, the Law, image, credibility and/or prestige of Taiguer or their collaborators.
All the contents of the Website, such as texts, graphics, photos, logos, icons, images, as well as web design, source code and softwares are the exclusive property of Taiguer
or third parties, whose rights regarding this hold legitimately Taiguer, and are therefore protected by national and international laws.
The use of industrial or intellectual elements with commercial ends as well as their distribution, modification, alteration or treatment is strictly prohibited.
Infrigement of any of this rights can represent a violation of the present provisions, as well as an offense punishable under articles 270 et seq. of the Penal Code.
LINKS TO OTHER WEB SITES
Taiguer neither guarantees nor assumes any type of responsability for damages suffered due to third party content access thorough any connection, links or external links nor on their accuracy or reliability. The function of the links appearing on the Website is exclusively to inform the Customer of the existence of other sources of information on the internet, or in such case of our wholesalers to expend the services offered by the Portal. Taiguer shall not under any circumstances be responsible for the results which the Customer may obtain from the websites accessed by means of these links or the consequences deriving from their access. Those third parties services are provided by third parties, consequently Taiguer cannot control and does not control the legitimacy of the services nor their quality. Accordingly, the Customer must remain extremely careful regarding the assessment and use of the information and services existing in the contents of third parties.
EXPLANATION ON HOW TO RESERVE PRODUCTS IN ADVANCE.
Taiguer offers to all its partners and customers various articles to reserve. The customer can order an item with some specific characteristics and we will make it. Taiguer provides its customers with a serie of products in exclusivity. The serie of products made after order of the customer and after his conditions of manufacture can have until 50% discount in stock. Indeed they would not have charges for the storage, operation or delivery as they are directly handled to the client. Once the customer has ordered, he has 7 days maximum to make this order effective and set it up with a minimum of 30%. The reserved products enjoy the same conditions as the other products except the right of withdrawal as they are made after express request and order of the customer. The customer can see a rough date of delivery on our web page for every item. The dates of delivery of the commissioned products cannot be definitive because we do not control them directly. They have to be controlled by the customs of both ports of origin and destination. We always try by any means to deliver your reserved product within the given deadlines but we cannot always achieve this aim. That is why we offer you the refund of your reserved product if the delay of delivery exceed half of the expected time of delivery. As established in article 45 of Law 7/1996 from the 15th of January on Retail Commerce we inform you, due to their special nature as they are being ordered after specific request of the customer, are not subjected to the right to voluntary dismissal.
The Customer declares to have eighteen years of age or more and the legal capacity to order on www.Taiguergeneradores.com. The Customer undertakes to respect the present General Conditions of Trade.
The trade will be made after the following steps:
1. Access the Website and, if you are not a Customer, register by giving real information about the data demanded in the forms and by accepting the General Conditions of Trade.
2. Choose the product you want to buy by clicking on Add to Cart. Once added, if you want to continue the transaction, click on place order. We can also do it by phone.
3. Choose the delivery method of the product/s. We offer 3 ways of delivery:
MRW. We use MRW to send packages under 10kg. delivery within 24h.
DHL. We use DHL to send packages over 10kg. door-to-door delivery within 24/48h.
Gefco. We use Gefco to send generating sets as this transit system is always without crane.
4. Choose your method of payment. We offer the following ones:
Secured payment with VISA/MASTERCARD.
Deposit BBVA/Bank wire.
C.O.D (carry a surcharge of 5.9% on the reimbursement value). According to the customer choice, the sending can be made with C.O.D service in the Iberian Peninsula. The payment will be made at the moment of the delivery of the purchased good through the transport company. C.O.D payment entails a 5.9% SURCHARGE on the total amount of the order (with a minimum of 5.9 euros and a maximum of 250 euros) for the management of the money by the tranpost company. Asking for a C.O.D payment is making a contract between the customer and Taiguer. If the order is not collected, legal measures will be taken for the economic loss caused to the company in terms of shipping costs and we will preoceed to the registration in the 'debtor's list' until the customer pay his debt (return sending costs + administration expenses for the 'debtor's list'). Packages over 20kg. cannot be sent by C.O.D.
If you prefer, you can also contact the Customer service Department, through the email address email@example.com to access our contact data, where it will be our pleasure to respond to all your requests. Do not forget to write the order number with the price. If the buck is over 20kg., you will have to pay 50 euros in advance or choose the option of payment through bank wire.
5. Confirmation. Go through all the information on our web page to check that it is correct. If it is, click on confirm.
6. If you chose to pay with VISA/MASTERCAD you will be automatically redirected towards a secure connexion to give your card's details.
In the other cases, you will receive a proof of trade with your order's details.
Every order will be delivered at the address indicated by the Customer within a period that can vary from two to six working days after verification of the payment to the bank entity. The infromation you find on the Website tries to express, with the most accuracy possible, the technical and aesthetical characteristics of the products. But the Customer has to know that there can be slight differences between his interpretation of the product online and in the proper shop. That is why the Customer can exercice his right of withdrawal, except because of the color, as a same item can be of different colors. The Customer will have to specified the color beforehand or enquire in advance about the existing stock or the different colors available, as established in the section RETURN of this General Conditions.
The prices indicated in the Website are in euros, VAT not included. The indicated price does not include the home delivery costs, that will be calculated once the purchase is completed and will be indicated to the Customer for his confirmation before paying.
Taiguer reserves the right to change its prices at any time and to change the color of an item depending on the stock or the model available. But at the same time the products will be invoiced based on the tariffs and fees in force at the moment of the order.
In accordance with the requirements in force, every order made on the Website will be subjected to a Value Added Tax (VAT), except if sent to Canary Islands, Ceuta, Mellila, Gibraltar and Andorra. In this regard and in accordance with Chapter I of Title V of the Council Directive 2006/112, of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member state indicated on the shipping address of the articles, the applicable VAT being the one of every Member state of destination of the articles.
When dispatch to Canary Islands, Ceuta, Mellila, Gibraltar and Andorra, the deliveries are tax-free according the article 146 of this Directive, without prejudice to the application of corresponding duties and taxes in accordance with the relevant legislation of those counties. .
If the product happens not to be available after the order have been made, the Customer will be informed by email or phone call of its cancellation or of the change to a similar product with previous acceptance of the Customer.
As a result to the cancellation, Taiguer will refund the totality of the amount spent on the Customer's bank account. If the Customer want to wait for the delivery, Taiguer will not see any inconvenient to do the order again for a later delivery of the same or similar item always after acceptance of hte Customer.
All the products sold through the Website can be returned within a period of 7 days starting from the date of delivery, as demanded by the Spanish Retail Commerce Law 7/1996, of 15 January, except the one made with express conditions and after request of the Customer.
The costs and risks associated with the delivery of the products will be charged to the sender, who will have to send them in a secure way and with the necessary guarantees for the goods to be delivered in a perfect state of preservation.
The refund on the Customer's bank account as a consequence of the delivery will be done within 7 days starting from the date of receipt of the goods by Taiguer.
The refund will not be possible if the goods have obviously been used.
The goods have to be returned correctly protected in their original package, in proper state, with all the accessories, instructions and documentation.
If the refund is not accepted by Taiguer because the products have already been used, those products will remain in the distribution warehouse, ready to be collected by the Customer within 30 days after their return.
Taiguer will be liable to the Customer for any lack of conformity which exists at the time the goods were delivered, according to Law 23/2003 of 10th July, for Guarantees on the Sale of Consumer Goods, that recognise to the consumer the right to ask the seller to repair or replace the good or to reduce the price or rescind the contract.
RESOLUTION OF CONFLICTS
REMAIN EXCLUDED FROM THE COMMERCIAL REFUND PROCEDURE THE PRODUCTS UNDER THE FOLLOWING CONDITIONS:
- Products manufactured after request of the customer and with specific characteristics.
- Products with diesel Motor started and used.
- in general Products unfit for resaling once delivered.
- imcomplete or tempered Products, or Products manipulated by unqualified personal.
- Items not published because they are no longer on sale.
- Items that are made or assembled with customized settings, or made according to the customer request, and also special items ordered to the manufacturer/wholesaler by an express demand of the client of material that is not in our stock (Spanish Retail Commerce Law 47/2002).
17. Applicable legislation. Submission to jurisdiction.
The trades realized on www.taiguergeneradores.com submit to Spanish legislation.
In case of any conflict or discrepancy in the interpretation or application of the present contractual conditions, the Courts and Tribunals knowing the case have jurisdiction on the final consumers.
If the purchaser's place of habitual residence is far from Barcelona, or if the trade is made for a company, both parties, with express renunciation of any other jurisdiction that may apply, agree to submit to the Courts and Tribunals of the city of Granollers (Spain).
The present General Conditions were updated at the date