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General Conditions Of Sale

 
These general conditions of sale (hereinafter, the "General Conditions") will apply to any purchase made by an Internet user / individual (hereinafter, the "CLIENT") on the website www.vinyl-west.de (
hereinafter, the "WEBSITE") a
Tom de Beyer / Vinyl-West,
Individual entrepreneur,
registered in the commercial register -,
with the number -,
with registered office at Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España
and with NIF number ESY3278326N,
Spanish telephone number: +34 606 960551,
email: tom@vinyl-west.de, (hereinafter, the "SELLER").

IMPORTANT
Any order placed on the WEBSITE necessarily implies the acceptance without reservations by the CLIENT of these general conditions.


Article 1.     Definitions

The terms used below have, in these General Conditions, the following meaning:

     «CUSTOMER»: refers to the SELLER'S co-contractor, which guarantees having the quality of consumer as defined by law and Spanish jurisprudence. For these purposes, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity. A ce titre, il est expressément prévu que ce CLIENT agit en dehors de toute activité habituelle ou commerciale.
     «DELIVERY»: refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
     «PRODUCTS»: refers to the set of products available on the WEBSITE.
     «TERRITORY»: refers to SPAIN.

Article 2.     Object

These General Conditions regulate the sale by the SELLER to its CLIENTS of the PRODUCTS.

The CLIENT is clearly informed and recognizes that the WEBSITE is addressed to consumers and that professionals should contact the SELLER's commercial service in order to benefit from specific contractual conditions.

If the CLIENT does not accept these terms and conditions, we ask you to refrain from continuing to use our WEBSITE.

Article 3.     Acceptance of the general conditions

The CLIENT commits to read carefully these General Conditions and accepts them, before proceeding to the payment of the order of the PRODUCTS made on the WEBSITE.

These General Conditions are inserted in the lower part of each page of the WEBSITE through a link and must be consulted before being able to place the order. The CUSTOMER is invited to read carefully, download and print the General Conditions and to keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions at the time of making a new order, the latest version of which is applicable to each one of them.

Clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.



Article 4.     Purchase products on the WEBSITE.


Article 5.1 Characteristics of the PRODUCTS

The SELLER will endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.

The CLIENT commits to read this information carefully before placing an order on the WEBSITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.

Unless otherwise indicated on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and applicable regulations in Spain.

         
Article 5.2. Order procedure

PRODUCT orders are made directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).

                  
5.2.1. Selection of PRODUCTS and purchase options.

The CLIENT must select the PRODUCT (s) of his choice, by clicking on the chosen PRODUCT (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT's shopping basket. The latter may then add as many additional PRODUCTS as you wish.

                  
5.2.2. Orders

Once the PRODUCTS have been selected and stored in your basket, the CLIENT must click on the basket and verify that the content of your order is correct. If the CLIENT has not done so yet, he will be invited to identify himself or to register.

Once the CUSTOMER has validated the content of the basket and has been identified / registered, an automatically completed online form will appear and recapitulate the price, applicable fees and, where applicable, delivery costs.

The CUSTOMER is invited to verify the content of their order (including the quantity, characteristics and references of the PRODUCTS requested, the billing address, the means of payment and the price) before validating their content.

The CLIENT can then proceed to pay for the PRODUCTS following the instructions provided on the WEBSITE and provide all the necessary information for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different available options, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper treatment of the order.

The CLIENT must also select the chosen delivery mode.

                  
5.2.3. Acknowledgment of receipt

Once all the steps described above have been completed, one will appear on the WEBSITE in order to show acknowledgment of the CLIENT's order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CUSTOMER by email, provided that the email address communicated in the form is correct.

The SELLER will not send any confirmation of order by postal or telematic mail.

                  
5.2.4. Billing

Through the order, the CUSTOMER must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled in so that the CUSTOMER's order is treated by the SELLER).

The CLIENT must also clearly indicate all the information related to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address.

Neither the order receipt that the CUSTOMER has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original of the invoice at the time of DELIVERY of the PRODUCTS, inside the package.

         
5.3. Order date

The date of the order is the date on which the SELLER accuses the online reception of the same. The terms indicated in the WEBSITE do not begin to count until that date.
      

        5.4. Price

For all PRODUCTS, the CLIENT will find on the WEBSITE the prices indicated in euros, including taxes, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode transport chosen).

Prices include in particular the value-added tax (VAT) with the applicable rate on the date of the order. Any modification of the rate may be passed on to the PRODUCTS from the date of entry into force of the same.

The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.

The applicable prices will be those indicated on the WEBSITE at the date of placing the order by the CLIENT.

         
5.5 Availability of PRODUCTS.

The SELLER will apply "just in time" stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER's stocks.

The SELLER agrees to fulfill the orders received with the reservation that the PRODUCTS are available.

The unavailability of a PRODUCT will appear in principle indicated on the page of the PRODUCT in question. CLIENTS may also be informed of the replacement of the PRODUCT by the SELLER.

In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay, if the PRODUCT is unavailable.

The SELLER can, at the request of the CLIENT:

Send all the PRODUCTS together, from the moment in which the non-stocked PRODUCTS are again available.

Proceed to a partial delivery of the PRODUCTS available at that moment, and send the rest of the order when the others are, with express mention relative to the additional transport expenses that could be derived.

Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain the reimbursement of all the amounts disbursed by said PRODUCTS in thirty (30) days after his payment.

Article 6.     Right of withdrawal

The modalities of the right of withdrawal are provided in the "withdrawal policy", available in Annex 1 to these General Conditions and accessible below each page of the WEBSITE via hyperlink.

Article 7.     Payment

7.1. Payment methods

The CLIENT may pay for his PRODUCTS online on the WEBSITE following the means proposed by the SELLER.

The CUSTOMER guarantees to the SELLER that he / she possesses all the authorizations required for the means of payment chosen.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment table on the WEBSITE.

It is specified that all information related to the payment made is transmitted to the bank of the WEBSITE and is not treated in the WEBSITE.

         
7.2. Date of payment


In case of a single payment by credit card, the CLIENT's account will be debited at the time of ordering the PRODUCTS on the WEBSITE.

In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delays at the moment in which the first package is sent. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

         
7.3. Delays or rejection of payment.

If the bank rejects the debit of a credit card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.

In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CLIENT was impossible, the order will be canceled and the sale automatically rescinded.

Article 8.     Test and file.

Any contract concluded by the CUSTOMER corresponding to an order exceeding € 120 (including taxes) will be filed by the SELLER for a period of 5 years.

The SELLER accepts to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.

In case of litigation, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.



Article 9.    Transfer of property.

The SELLER remains the owner of the PRODUCTS delivered until the moment of full payment by the CLIENT.

The above provisions are not an obstacle to the transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation of property, as well as the risks of damage that may entail.



Article 10.     Delivery

The modalities of DELIVERY of the PRODUCTS are those foreseen in the "delivery policy" contemplated in Annex 2 of these General Conditions and accessible below each page of the WEBSITE via hyperlink.

Article 11.     Packaging

The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee a maximum of protection during DELIVERY. The CLIENTS undertake to respect the same rules when returning the PRODUCTS in accordance with the conditions set out in Annex 1 - Cancellation Policy.

Article 12.     Guarantee.

12.1. Compliance guarantee.
The SELLER is obliged to deliver a conforming PRODUCT, that is, its own to the expected use consisting of a similar good, corresponding to the description provided on the WEBSITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect with respect to public statements made by the SELLER, including promotion and labeling.

In this framework, the SELLER is liable to respond to the defects of conformity existing at the time of delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it is put in charge or has been carried out under your responsibility

The action arising from lack of conformity prescribes two (2) years from the delivery of the PRODUCT.

In case of lack of conformity, the CLIENT may request, at his / her option, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the choice of the CLIENT is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to the reimbursement, without addressing the chosen option for the client.

In case the substitution or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 days from the reception of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España.

The CLIENT is exempt from providing proof of the existence of a defect in the conformity of the PRODUCT during the six (6) months following the delivery of the goods.

It is specified that this legal guarantee of conformity is applied independently of the commercial guarantee consented, as the case may be, to the PRODUCTS.

         
12.2. Guarantee for hidden defects

The SELLER undertakes to guarantee the hidden defects of the PRODUCT sold susceptible of turning it into defective for the use to which it should be destined, or that reduce it in such a way that the CUSTOMER has not acquired it or paid a lower price, if there is known.

This guarantee allows the CLIENT, who can demonstrate the existence of a hidden defect, to choose between the reimbursement of the price of the PRODUCT if it is returned or the reimbursement of part of the price if it is not restored.

In the event that the replacement or repair were impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) days after receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España.

The action resulting from hidden defects must be filed by the CLIENT within a period of two (2) years from the discovery of the defect.


Article 13.     Responsibility.

The liability of the SELLER can not be established in any case in case of non-execution or poor performance of contractual obligations attributable to the CLIENT, when it comes to carry out your order.

The SELLER can not be responsible, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.

It is also necessary that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. Hyperlinks to these web pages are granted merely as an indication and do not imply any guarantee regarding their content.


Article 14.     Personal information


The SELLER collects on the WEBSITE personal data of its CLIENTS, including by means of cookies. The CLIENTS can deactivate the cookies following the instructions given by their browsers.

The data collected by the SELLER will be used in order to process your orders made through the WEBSITE, manage the CLIENT's account, analyze your orders and, if the CUSTOMER chooses this option, send emails for promotional purposes, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.

The CLIENT's data will be kept confidential by the SELLER in accordance with his declaration made in the Spanish Data Protection Agency, the needs of the contract, and the law.

The CLIENTS can be disenrolled at any time by accessing their account or by clicking on the hyperlink provided for this purpose under each offer received by email.

The data may be communicated, in whole or in part, to the service providers of the SELLER intervening in the order. For commercial purposes, the SELLER may transfer to its collaborators the names and coordinates of its CLIENTS, under the condition that they have given their prior agreement at the time of their registration on the WEBSITE.

The SELLER will specifically ask the CLIENTS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial information from their collaborators.

In accordance with the 15/1999, of December 13, Protection of Personal Data, and more specifically the provisions of articles 15 and 16, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons ) and the deletion of these personal data. You can exercise this right by sending an email to the address: tom@vinyl-west.de, or by sending an email to Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España.

It is specified that the CUSTOMER must be able to justify his identity, either by scanning an identity card, or by sending a photocopy of it to the SELLER.



Article 15.     Cookies Policy

A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.

This WEBSITE uses its own cookies and third-party cookies.

Specifically, third-party service providers with which we have contracted a service for which the use of cookies is necessary are:

Provider name Purpose of the cookie Description of the purpose of the cookie If you want more information about the use of this third party's cookies


You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer, in case it does not allow the installation of cookies on your browser you may not be able to access any of the sections of our web.


Article 15.     Claims


The SELLER puts at the CLIENT's disposal a "Telephone Customer Service" with the following number: +34 606 960551 (normal rate telephone). Any written claim of the CLIENT must be transmitted to the following address: Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España

Article 16.     Intellectual property


All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark rights or corresponding patents.

These elements are the exclusive property of the SELLER. Any person who publishes a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.

This authorization of the SELLER will not be in any case definitively agreed. This hyperlink must be deleted at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.


Article 17.     Validity of the General Conditions


Any amendment to the legislation or regulation in force, or any decision of the competent court invalidating one or several clauses of these General Conditions may not affect the validity of the rest of them.

Such modification or decision does not authorize the CLIENTS to ignore these General Conditions.

All conditions not expressly dealt with herein will be regulated in accordance with the uses of the retail sector of individuals.


Article 18.     Modifications of the General Conditions

These General Conditions apply to all purchases made online on the WEBSITE, provided that the WEBSITE is available.

The General Conditions will be accurately dated and may be modified and updated by the SELLER at all times. The applicable General Conditions will be those that are in force at the time of the order.

The modifications made in the General Conditions will not be applicable to the PRODUCTS already purchased.

Article 19.     Competence and applicable law

THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN CUSTOMER AND SELLER ARE GOVERNED BY SPANISH LAW.

IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.

Likewise, prior to any recourse of arbitration or in courts, negotiation between the parties shall prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any dispute relating to this contract, including regarding its validity.

The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences will be submitted to the jurisdiction established below.

During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict object of negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of the precautionary measures or the start-up of a procedure does not entail by the parties the waiver of any friendly agreement clause, unless otherwise expressly stated.

APPENDIX 1

WITHDRAWAL POLICY
Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day in which CLIENT, or a third party that is not the carrier and designated by the CLIENT, takes possession of the PRODUCT.

In the event that the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several lots), the withdrawal period will expire in fourteen (14) calendar days after the day in which the CLIENT, or a third party that is not the carrier and designated by the client, takes possession of the last PRODUCT delivered.

If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party that is not the carrier and designated by the client, take possession of the last PRODUCT delivered.


Notification of the right of withdrawal

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw by means of a statement made unequivocally (for example, by letter sent by mail, fax or email) to: Poligono 16 / Son Monserrat 385, 07620 Llucmajor - España or tom @ vinyl-west.de

For this purpose, you can also use the following form:

Withdrawal form
At the attention of [*] (* coordinates of the SELLER)

SELLER'S phone number:
SELLER'S FAX NUMBER:
E-mail address of the SELLER:

I hereby notify you of my withdrawal from the contract concerning the sale of the following PRODUCT:

PRODUCT reference:
Number of the invoice:
Order certificate number:
- Order on [____________] / Received on [________________]
- Means of payment used:
- Name of the CLIENT and, where appropriate, the beneficiary of the order:
- CLIENT Address:
- Delivery address:
- CUSTOMER's signature (except in case of transmission by mail)
- Date


In order for the right of withdrawal to be respected, the CLIENT must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.

Effects of withdrawal

In case of withdrawal by the CUSTOMER, the SELLER agrees to reimburse you for all the sums paid, including the delivery costs (with the exception of the supplementary expenses, originated in your case, by choice of the CUSTOMER of a different mode of transport to the standard proposed by the SELLER) without excessive delays and, in any case, at the latest in the following fourteen (14) calendar days from the date on which the SELLER was informed of the CUSTOMER's intention to desist.

The SELLER will proceed to the reimbursement using the same means of payment as the one used for the initial transmission, unless the CUSTOMER expressly agrees to a different means, in any case, this reimbursement will not entail any cost to the CLIENT.

The SELLER may defer the reimbursement until the reception of the property or until the CUSTOMER shows proof of having issued the property, the date retained will be the first of these two.

Return methods

The CLIENT shall, without undue delay and, in any case, no later than fourteen (14) days after communicating his decision to withdraw from this contract, forward the property to: Polygon 16 / Son Monserrat 385, 07620 Llucmajor - España

This term is understood respected if the CLIENT sends the PRODUCT before the expiration of the fourteen (14) days.

Devolution costs

The SELLER will take care of the direct costs of reshipping.

Status of the returned property

The PRODUCT must be returned following the instructions of the SELLER and including all the accessories delivered.

The CLIENT's liability does not apply except for the depreciation of the property resulting from other manipulations than those derived from the normal use of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but can not oppose its liability if it comes from manipulations other than the ordinary ones in the use of the same.

Packaging

The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENT must respect the same rules for the return of them. In this sense, the CLIENT may return the PRODUCT that does not suit you in its original packaging and in good condition, ready for re-marketing.

Exclusion of the right of withdrawal

The right of withdrawal is excluded in the following cases:

    
Supply of goods or services whose price depends on fluctuations in the financial market.
    
Supply of goods made according to customer specifications or clearly customized.
    
Supply of good susceptible to deteriorate or expire quickly.
    
Provision of audio or video recordings or stamped programs that have been unsealed after delivery.
    
Newspapers or magazines (except subscription contract).
    
Provision of accommodation service for purposes other than residential, transport of goods, rental of cars, catering or services linked to leisure activities if the offer provides a specific execution date.
    
Provision of goods that by their nature require to be combined with other products.
    
Supply of sealed goods that can not be forwarded for protection reasons
    
Supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on the fluctuation of the market and outside the influence made by the SELLER.
    
Provision of a content number not provided in a dematerialized form if the execution has begun with the prior agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal.
    
Contracts formalized in public auctions.

Appendix 2

Delivery Policy

Delivery area

The PRODUCTS can only be delivered in the TERRITORY. Being impossible to place an order whose delivery address is located outside it.

The PRODUCTS will be shipped to the delivery address (es) that the CLIENT will indicate in the order procedure.

Delivery time

The deadline to prepare an order and establish the invoice, before sending the PRODUCTS in stock is mentioned on the WEBSITE. These terms will be understood without counting weekends and holidays.

An email will be automatically sent to the CLIENT at the time of sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.

Term and delivery costs

During the order process, the SELLER will indicate to the CUSTOMER the possible delivery terms and formulas for the PRODUCTS purchased.

The shipping costs will be calculated according to the delivery mode.

The amount of these costs will be due to the CUSTOMER in payment different from that of the PRODUCTS purchased.

The details of the deadlines and delivery costs will be detailed on the WEBSITE.

DELIVERY modalities

The package will be delivered to the CLIENT after his signature and presentation of his identity document.

In case of absence, notice will be given to the CLIENT, so that this way he can pick up the PRODUCT at the nearest post office.

DELIVERY problems

The CLIENT will be informed of the delivery date set at the time of the carrier's choice, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made at the most before thirty (30) days. In the absence of delivery, the CUSTOMER must require the SELLER to deliver it within a reasonable time and if he can not rescind the contract.

The SELLER will reimburse, without excessive delay, from the date of receipt of the rescission letter, the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CLIENT for the purchase of the PRODUCTS.

The SELLER will be responsible for the delivery of the PRODUCT to the CLIENT. It is important to remember that the CUSTOMER has a period of three (3) days to notify the carrier of the breakdowns or partial losses verified by the delivery.