Terms and conditions of sales

INTRODUCTION

This document (together with the documents referred to herein) sets forth the terms and conditions governing the use of this website and the purchase of products on this website (the “Terms”).

Please read these Terms and Conditions carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms, so if you do not agree to all of the Terms, you should not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or conclusion of the Contract will be those applicable to you.

2. OUR DATA

These General Terms and Conditions of Sale are established between:

1.On the one hand, Teknicort SCP as owner of the website teknicort.com,
with address at Calle Josep María Danés, 2 – 2 1, Canet de mar, 08360 , Barcelona,
with CIF J66049180,
Registered in the mercantile registry of Barcelona.
and which operates on this website under the name Teknicort SCP (hereinafter referred to as “the Company”).
Contact telephone number: 93 853 54 89
Contact email: info@teknicort.com

2.And, on the other hand,
any person placing an order. (Hereinafter referred to as the Client)

3. YOUR PERSONAL DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data provided by you are truthful and correspond to reality.

4. USE OF OUR WEBSITE

Accessing and browsing this website implies, accepting and knowing the legal warnings, conditions and terms of use contained in it. The mere access does not imply the establishment of any business relationship between Teknicort SCP and the user.

The contents and services of this website are intended only for those persons who have no jurisdictional or legal restriction to access them.

By making use of this website and/or placing orders through this website you agree to:

1. Use this website only to make legally valid inquiries or orders.

2. Do not place any false or fraudulent orders. If it could reasonably be considered that such an order has been made, the Company may cancel it and inform the relevant authorities.

3. Provide the Company with your email address, mailing address and/or other contact information truthfully and accurately. You also consent that the Company may use such information to contact you if necessary, in accordance with the PRIVACY POLICY and in any case in compliance with current legislation.

If you do not provide all the information required by the Company, the Company will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a Contract.

5. SERVICE AVAILABILITY

The items offered through this website are available for shipment to the address indicated by you in the order, whatever their destination within the available shipping area.

6. CONCLUSION OF THE CONTRACT

These General Conditions of Sale, aims to define the terms of sale between the Customer and Teknicort SCP, from the placement of the order, delivery and payment, as well as after sales service.

To place an order, you must follow the online purchase procedure and click on “Authorize payment”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to the Company to purchase one or more products. All orders are subject to the express acceptance of the Company, of which you will be informed via an email from us confirming that the product is being shipped (the “Shipping Confirmation”). The Contract for the purchase of a product between you and the Company (the “Contract”) will only be formed when the Company sends you the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be subject to the Contract.

7. PRODUCT AVAILABILITY

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items in stock, the Company reserves the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

8. REFUSAL TO PROCESS AN ORDER

Teknicort SCP reserves the right to withdraw any product from this website at any time and to remove or modify any material or content of this website.

Although we will do our best to always process all orders, there may be exceptional circumstances that require the Company to refuse to process an order after the Order Confirmation has been sent, and the Company reserves the right to do so at any time, at its sole discretion.

The Company shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once the Company has sent you the Order Confirmation.

9. DELIVERY

Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will endeavor to ship the order, consisting of the product(s) listed in each Shipping Confirmation, before the delivery date stated in the Shipping Confirmation in question, or, in the event that no delivery date is specified in the Shipping Confirmation, within 15 calendar days from the date of the Shipping Confirmation.

10.TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks of the products shall be borne by the Customer/Buyer, from the moment of delivery.

The Customer shall acquire ownership of the products when the Company receives full payment of the amounts due in respect thereof, including shipping costs, or upon delivery (as defined in clause 9 above), if this does not take place at a later time.

11.PRICE AND PAYMENT

The price of each product will be the one stipulated at any given time on our website, except in case of obvious error. Although the Company tries to ensure that all prices listed on the site are correct, errors may occur. If the Company discovers an error in the price of any of the products you have ordered, you will be informed as soon as possible and offered the option of reconfirming your order at the correct price or cancelling it. If the Company is unable to contact you, the order will be considered cancelled and you will be reimbursed in full for any amounts paid.

The Company is not obliged to supply you with any product at the incorrect lower price (even if the Shipping Confirmation has been sent to you), if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.

The prices on this website include the corresponding taxes at all times. A shipping charge will be added to each order. The additional cost related to this concept will be indicated on the web page.

Prices may change at any time, but (except as set forth above), any changes will not affect orders in respect of which the Company has already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you wish to buy will have been added to your shopping bag and the next step will be to process the order and make the payment.

To do so:
a. Click on the “View Purchase” button at the top of the page.
b. Review your order.
c. If everything is correct, click on the “Finalize Purchase” button.
d. Fill in or check the information with your customer details, the details of your order, the address to which you want the order to be sent and the address to which the invoice is to be sent.
e. Choose the payment method: by credit card.
f. Enter your card information.

12. VAT

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, 1992, on Value Added Tax, the delivery of the goods shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spain or EEC Territory except for the Canary Islands, Ceuta and Melilla and non-EU countries. The applicable VAT rate will be that legally in force at any given time depending on the specific concept in question.

In orders destined for the Canary Islands, Ceuta and Melilla and outside the EU, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and fees in accordance with the regulations in force in each of these territories.

13.RETURN/EXCHANGE POLICY

All returns can be made within 14 days of receipt of the order. All returns and/or exchanges will be made free of charge during this period.

13.1. LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE.

In accordance with the current withdrawal policy for e-commerce platforms, we grant consumers a period of 14 calendar days to exercise their right of return, the amount will be credited to the same method of payment made.

The Customer shall bear all costs incurred as a result of the exercise of the right of withdrawal, as well as any deterioration of the product.

In this case, the Company will reimburse you the price paid for such products, and you will be responsible for the direct costs of returning the product.

The Customer must exercise the right of withdrawal by returning the product to Teknicort SCP.

You may prove the exercise of the right of withdrawal in any form admitted by law, being considered in any case validly exercised this right by sending the withdrawal document that will be provided or by returning the products.

This provision does not affect other consumer rights recognized by current legislation. In addition to the right of withdrawal legally recognized to consumers and users, and mentioned above, the Company grants you a period of 10 days from the date of receipt of the order to return the products. In case of return, the price paid for the returned products will be refunded.

You must exercise your right of withdrawal by sending the withdrawal document that will be provided to you or by returning the products.

13.2 COMMON PROVISIONS

Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same condition in which you received them.
Therefore, you must return the item using or including its original packaging.

It must also include all instructions, documents and packaging of the items to be returned. In any case, you must deliver together with the product or article to be returned the ticket that you will have received at the time of delivery of the product duly completed. No refund will be made in cases where the product has been used beyond the mere opening of the product, or if it has suffered any damage, so you should be careful with the products while they are in your possession.

Exchanges can only be made for the same item in a different size or color.
Returns can be made through a courier/courier that we will send to your home address.

You must contact us through our return request form so that we can arrange for pick-up at your home address. If you have any questions, please contact us through our e-mail info@teknicort.com.

13.3 RETURNS OF DEFECTIVE PRODUCTS.

In cases where you consider that at the time of delivery the product does not conform to the terms of the Contract, you should contact Teknicort SCP immediately through our e-mail info@teknicort.com indicating the product data as well as the damage it suffers.

The Company shall carefully examine the returned product, and shall inform you by e-mail, within a reasonable period of time, whether the product is to be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 10 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.

The amounts paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item. The refund will be made in the same payment method used to pay for the purchase.
The rights recognized by the legislation in force remain unaffected.

14. LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Terms, the Company’s liability in connection with any product purchased on its website shall be strictly limited to the purchase price of such product.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.

All product descriptions, information and materials contained in this website are provided as a true body and without express or implied warranties about them.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users.
The provisions of this clause shall not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

15. COPYRIGHT AND INTELLECTUAL PROPERTY

All exploitation rights are reserved.

This website is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property.

Intellectual property rights on all information contained in this site, graphic design, drawings, logos, images, indexes, source code …, are owned by Teknicort SCP, except those contents owned by third parties for which the Company has granted a license for use.

All industrial and intellectual property rights on this website are legally reserved and access to it or its use, by its users, should not be considered in any way, as the granting of any license or right to use any asset whose ownership or property belongs to Teknicort SCP or its legitimate authors.

The reproduction, copying, distribution, transformation, making available to the public, and any other activity that can be done with the information contained in these web pages, as well as its design and the selection and presentation of the materials included therein, whatever its purpose and the means used for it, without the express authorization of Teknicort SCP or its legitimate author, are prohibited.

The user of the website must refrain in any case from deleting, altering, evading or manipulating any protection devices or security systems that may be installed on it.

Therefore, all elements of this website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent law.

16. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to this website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. The Company will report any breach of such regulations to the competent authorities, and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

The links contained in this website may lead the user to other websites and web pages operated by third parties, over which Teknicort SCP has no control. Therefore, Teknicort SCP is not responsible for the contents or the state of such sites and web pages, and access to them through this website does not imply that Teknicort SCP recommends or approves their contents.

Anyone using this website does so at his or her own risk. The user of this website, by accessing it, undertakes to use it in full compliance with the laws and customs of the trade and shall be liable to the Company and / or third parties for any damages that may be caused as a result of a breach of this obligation.

Teknicort SCP shall not be liable for any damages arising from the use of this website, nor for any action taken on the basis of the information provided therein.

The author of this website shall not be liable for any damages of any kind that may be caused to the user by accessing the contents of this website. Therefore, Teknicort SCP does not guarantee the absence of viruses or other harmful elements that may cause damage or alterations in the computer system, electronic documents or files of the user of this website. Consequently, Teknicort SCP is not liable for any damages that such elements may cause the user or third parties.

17. WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications sent to you by the Company be in writing. By using this website, you agree that most of such communications with Teknicort SCP will be electronic. The Company will contact you by e-mail, or by providing information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all Contracts, notices, information and other communications sent to you electronically by the Company comply with legal requirements to be in writing. This condition shall not affect your statutory rights.

18. NOTIFICATIONS

Notifications you send to the Company should preferably be sent through the Company’s contact e-mail address; info@teknicort.com.

Subject to the provisions of the preceding clause and unless otherwise stipulated, the Company may send communications to either the e-mail or postal address provided by you when placing an order.

Notifications shall be deemed to have been received and properly made at the same time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and Teknicort SCP You may not convey, assign, encumber or otherwise transfer an Agreement or any of the rights or obligations under it in your favor or to you, without obtaining our prior written consent Teknicort SCP may convey, assign, encumber, subcontract or otherwise transfer an Agreement or any of the rights or obligations under it in your favor or to the Company, at any time during the term of the Agreement. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers shall not affect any rights you may have as a consumer recognized by law or void, reduce or otherwise limit any express or implied warranties that we may have granted to you.

20. EVENTS BEYOND OUR CONTROL

The Company shall not be liable for any failure or delay in the performance of any of its obligations under a Contract caused by events beyond its reasonable control (“Force Majeure Event”).

Force Majeure shall include any act, event, default, omission or accident beyond the reasonable control of the Company.

It shall be understood that the Company’s obligations under the Contracts shall be suspended during the period in which the Force Majeure Event continues, and the Company shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the Force Majeure Event.

21. RESIGNATION

The failure of the Company to require strict performance by you of any of your obligations under any Agreement or these Terms or the failure of the Company to exercise any rights or remedies to which you may be entitled under such Agreement or these Terms shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations.
No waiver by the Company of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Conditions.
No waiver by the Company of any of these Terms or of any rights or remedies under the Agreement shall be effective unless it is expressly stated to be a waiver, and formalized and communicated to you in writing in accordance with the Notice section above.

22. WARRANTY PERIOD

1 year professional use

23. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

24. FULL AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and Teknicort SCP in relation to the subject matter of the Contract. You and the Company acknowledge that you and the Company have consented to the conclusion of the Contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two of you prior to such Contract, except as expressly mentioned in these Conditions. Neither you nor the Company shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of Contract in accordance with the provisions of these Conditions.

26. OUR RIGHT TO MODIFY THESE CONDITIONS

Teknicort SCP has the right to revise and modify these Terms and Conditions at any time. You will be subject to the policies and Conditions in effect at the time you use this website or place each order, unless changes must be made retroactively to such policies or Conditions by law or governmental agency decision, in which case any such changes will also affect orders previously placed by you.

27. APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send such comments and suggestions via e-mail to info@teknicort.com.