GENERAL CONDITIONS
The following conditions of sale (from now on, “the general conditions”) will be of the application for all the buying (including the access) effected by an physical person (from now on “the customer”) in the web page www.isconeasyspeed.es (from now on “web page”) to NINGXY S.L., with the address Calle Piedrafita 1, Poligono Industrial CObo Calleja, 28947, Fuenlabrada (Madrid), registered under the NIF B-87148706, with the phone number for customer service 916 422 058 and email info@icsoneasyspeed.com (from now on “seller”)
IMPORTANT
These GENERAL CONDITIONS will have a temporary period of validation. Everything realized in the web page implies to the mandatory acceptation without reserves in the part of the customer in the present general conditions.
Article 1. Definitions
“CUSTOMER”: referrers to the person or user that buys in our web page
“SELLER”: referrers to the company that is in charge of the web page
“DELIVERY”: referrers to the first delivery of the ordered goods by the customer to the indicated address.
“PRODUCT”: referrers to all of the goods in the web page
“TERRITORY” referrers to SPAIN and PORTUGAL
Article 2. Objects
The present general conditions regulate the sale in part of the seller and of their customers of the products.
The contracted relationship of counter sale takes to the delivery, a change of a determined and publicly exposed through the web page, of one of the concrete products.
If the customer doesn’t accept the present terms and conditions, we ask for you to stop using our web page.
Article 3. Approval of the general conditions
The customer compromises to read attentively the presented general conditions and accepts them, before proceeding to pay a delivery of the products offered in the web page.
The present general conditions are introduced in the inferior part of each web page in the form of a link and has to be consulted before being able to realizing an order. The client is invited to read attentively, download and print the general conditions and conserve a copy.
Its recommendable to read the general conditions in the moment of realizing a new order, for that the conditions are susceptible to changes. At the time of making an order, the last version actualized will correspond to the conditions that will affect that order.
Unless the stipulation in particular is written, the realization of the order to the seller will suppose to the acceptation from the part of the customer in these legal conditions. Clicking on the button to realize the order and over the second one to confirm about the same, the customer recognizes reading, understanding and accepting the general conditions without limitations or conditions.
Article 4. Buying the products in the web page.
TO buy any other product, the customer has to be over 18 years old and dispose of sufficient legal capacity, or is a minor able to justify the permission of their legal representatives.
The customer has to supply the information needed to identify them, filling the from available in the internet page. The symbol (*) indicates that the fillings are mandatory so the customer’s order can be processed by the seller. The customer can verify the in the web page the status of their order. The following of the order, can be, in its case executed in certain line of transport professionals. The customer can equally make contact with our commercial service of the seller in any moment in email info@icsoneasyspeed.es with the objective of obtaining information about the status of the order.
We inform that the customer can ease the seller in the moment of the realization can be complete, exact and actualized. The seller can conserve the right to request the customer to confirm in any appropriate medium, their identity, their eligibility and the communicated information. For more information consult here HOW TO BUY.
Article 5. Orders.
5.1. Characteristics of the products
The seller will strive to present as clearly as possible the principal characteristics of the products and in the web page, as well as the obligatory information that the customer has to give in virtue of the applicant.
The customer compromises to read attentively this information before realizing an order in the web page.
The seller conserves the right to modify the selection of products sold in the web page, especially in function of the problems that are between their suppliers.
Unless indication expressed against it in the web page, all the products sold by the vendor are new and conform to the European legislation as well as the norm applicable in Spain.
5.2 Acknowledgement of receipt.
A copy of acknowledgement of the receipt will be automatically sent to the customer via mail, after realizing an order, as long as the direction of the given email in the questionnaire is correct.
The seller won’t send information of the order via postal office or telematic messages, the orders are to be confirmed in the web page.
5.3 Billing.
Through out the order, the customer will grant the information needed to make the bill (those with the (*) sign which will indicate the mandatory spaces that must be filled with the customer’s orders to be treated by the seller.)
The customer must indicate clearly all the information relative to the order, particularly the exact direction where the order is to be sent, as well as any code needed to access the direction of the product.
Neither the ticket of the customer who made their order online nor the acknowledgement that the seller sends to the customer through mail are any kind of bill. If the payment is realized with credit card or PAYPAL, the bill will be automatically made after realizing the purchase. However, if the payment method is any other kind, it will take a maximum of seven days to turn in the bill. Each bill will be added with the corresponding order, easing the customer the unloading of such.
5.4 Date of the order.
The date of the order is the day the seller acknowledges the reception of such. The installments shown in the webpage does not count till that date.
5.5 Prize
The prizes of the products are indicated in euros (€) without including the IVA and the shipping costs neither, for it calculates in function of the weight, packaging the direction of the order and the transport worker or transport mode chosen.
The kind of IVA applicable will be expressed in percentages over the valor of a product.
The prizes of the provider to the seller are susceptible to be modified. In consequence the indicated prize in the web page can be changed. This can be equally modified in case of the offers or events.
5.6. Availability of the product
The seller will apply a management of stocks “just in time”. In consequence, the availability of the products will depend on their existence in the seller’s stock.
In theory if a product is unavailable it will be shown in the webpage. In case of not being so, if the unavailability of a product has not been indicated in the moment of the order, the seller will compromise to inform without delays to the client that the product is not available.
The seller can, in case the customer asks:
-To send all of the products together, from the moment the products that are not in stock as soon as possible.
-Propose another product with an alternative quality and similar prizes, accepted by the customer.
-If the client decides to close off their order of unavailable products, will obtain the return of all the summed-up cost of products in 30 days after it’s payment.
Article 6. Withdrawal rights.
The modalities of the withdrawals are previewed in the “withdrawal policy”, available in the appendix to these general conditions.
Article 7. payment
For more information contact here FORMA DE PAGO
7.1. Payment methods
The customer may pay their products online in the web page following the proposed medium by the seller.
The customer can guarantee to the vendor that they have all the authority required to the form of payment chosen.
The seller will do anything within their reach to take the needed actions to guarantee the security and confidentiality of the transmitted data online from the web page.
All the information that are relative to the pay realized are transmitted to the bank account of the web page and not treated in the web page.
7.2. Payment date
In case of single payment via credit card, the customer’s account will be debited to the moment the order of the products in the web page.
In case of partial payment, the total import will be debited to the client’s account without delays in the moment in the first package that will be sent. If the customer decided to close off their order of unavailable products, the return will be made conforming with the last article 5.6 of the present general condition.
7.3. Delays or rejection of payment
If the bank account rejects the debit card or any other payment method, the customer will have to contact the service of clients with the end to pay the order with any other king of valid payment.
In case that, for any reason there is, opposition, rejection, or others, the transition of the payment in part of the customer is not possible, the order will be closed and the sale will be automatically terminated.
Article 8. Test and archive
All the contracts concluded by the customer will be archived by the seller during a time lapse of 5 years.
The seller accepts archiving the information with the end of making sure and following the operations and realize a copy of the contract if the client demands it.
In case of litigation, the seller will have the possibility to show that the electronical following system is reliable and guarantees the integrity of the transition.
Article 9. Transmission of the property
The seller will still be the owner of the products given till the moment the payment is finished by the customer.
The previous dispositions are not obstacles to the transition of the customer, in the moment of the reception by their own or by a third person directed to him that is not a transport worker, the risks of loss or harm on the product that are reserved to property, as well as the risks the damage may cause.
Article 10. Delivery
The modality of delivery of the products are previewed in the policy of delivery, added in the appendix of the present general conditions.
Article 11. Packaging
The products will be packaged in conformity with the normative of transportation operative, with the end of guaranteeing a maximum protection during the delivery. The customer compromises to respect the same normative when returning the products conform with the conditions set on the Appendix- withdrawal policy.
Article 12. Guarantee
12.1 Guarantee of conformity
The seller will force themselves to deliver a product conforming to the consistent use of these and corresponding to the facilitated description in the web page. This conformity supposes equal to the product presenting the qualities that a buyer can legitimately expect in the public declaration made by the vendor, including promotion and ticketing.
In this frame, the seller is susceptible to answering the defects of conformity existent to the time of delivery and the faults of conformity by the results of packaging or the quality of the product when it’s put in their position or have been under their responsibility.
The action that derives from the lack of conformity, the customer can ask, as a choice, the substitution or reparation of the product. In any case, in the supposed case that the cost of the election of the customer is manifested disproportional in respect to another option, taking in account the valor of the product or the importance of the defect, the seller can opt to proceed with the refund, without attending to the option chosen by the customer. The seller will compromise to return the cost of the product after 30 days from the reception of the returned product.
The customer will be discharged of giving proof of the existence of the defect in conformity of the product during the next 14 days of the delivery of the good.
Its precise that the present legal guarantee of conformity applies only to the product that are accessories, the new electronic appliances (mobile phones and tablets) will have a guarantee of 2 years.
12.2. Guarantee of hidden flaws
The seller is obliged to guarantee the hidden flaws in a sold product for the use in which are susceptible to change into defective for the use its destined to, or it lowers it in the way that the customers has not acquired or paid with a lower price, in case of knowing it.
This guarantee allows the client to demonstrate the existence of a hidden flaw, to choose a return of the price of the product if its restituted or the return of part of the prize if this is not restituted.
In case that the substitution o reparation was possible, the seller will compromise to restitute the prize of the product in a period of 30 days after the reception of the returned product.
The action resulted of the hidden flaws has to be communicated to the customer in a time limit of 14 days after the reception of the returned product.
Article 13. Responsibility.
The responsibility of the vendor can not be in any case established in case of no execution or bad execution of the responsibilities which are contractual to the customer, at the time of doing the delivery.
The seller won’t be responsible or considered as breaching the general conditions for delay or inexecution, when the cause of the delay or the no execution is related to a case of major force or by chance, as it is defined by the law of the Spanish Tribunals.
Equally as the seller does not control the webpages that are directly or indirectly linked to the webpage. In consequence, its excluded, as long as the law allows, of all the responsibilities linked to the information which they are published in. The hyperlinks to those pages are given a title that’s only indicative and are not given any guarantee about their content.
Article 14. Personal data.
You can consult the protection of personal data consulting the POLÍTICA DE PRIVACIDAD.
Article 15. Reclamations
Any claims that the customer considers timely will be attended in as soon as its possible, being able to realize such in the following contacts:
Postal: NINGXY S.L. Calle Piedrafita 1, Poligono Industrial Cobo Calleja, 28947, Fuenlabrada (Madrid)
E-mail: info@icsoneasyspeed.es
Customer service, form Monday to Friday: 10:00 to 19:00 with the number 916422058
These rights will be attended to, in the time limit of a month, which can be extended to 2 months if the complexity of the claim or the number of the solicited claims need it. All those without harming the right to conserve certain data in the legal terms and till they prescribe the possible responsibilities derived of a possible treatment, or in its case, of a contracting relationship.
Article 16. Intellectual property
All the visual elements and sounds of the web page, including the technology used, are protected by the author rights, branding rights or corresponding patents.
These elements are exclusive property of the vendor. All the people who edits the web page and wishes to create a hyperlink directly to the webpage will have to write an authorization permission.
This authorization of the seller will not be in any case accorded definitely. This hyperlink must be suppressed in petition from the vendor. The hyperlinks to the web page that uses the techniques such as the framing or in-line linking are strictly prohibited.
Article 17. Validation of the general conditions
All and any modifications of the legislation or the law in order, or any decision made by the tribunal that voids one or multiple clausula’s of the present general conditions cannot affect the validation of the rest of it.
Such modification or decision does not authorize, in any case, the client to not know the present general conditions.
All the conditions that are not expressly treated in the current general conditions will be regulated in conformity of the uses in the sector of the particulars.
Article 18. Modifications in the general conditions
The present general conditions are applied in all the purchases made in the online web page, always when the web page is available.
The general conditions are dated in a precise way and updated by the seller in any moment. The general conditions that can be applied are those that are in vigor in the moment of the request.
The modifications supplied in the general conditions won’t be applicable to the products already bought.
Article 19. Competence and applicable rights.
THE PRESENT GENERAL CONDITIONS ARE AS IF THE RELATIONSHIPS BETWEEN THE CUSTOMER AND THE SELLR ARE RULED BY THE SPANISH LAW. IN CASE OF LITIGATION, ONLY THE SPANISH TRIBUNALS WILL BE COMPETENT.
As such, before any resource of arbitration o in tribunals, will prevail the negotiation in both parts with a loyal spirit and good will with the end to reach a friendly agreement to resolve any conflict relative to the present contract, including the relatability of its validation.
The part that is wished on going in the process of negotiation will inform the other part by a certificated letter accusing the elements of the conflict. If in the term of 15 days, both parties are unable to comprehend each other, the differences will be put on the following jurisdiction action:
During the process of negotiation and till its finalization, the parties will be prohibited to exercise any and all legal activities against one another under the conflict and negotiation. With exception, both parties will be authorized to attend to the jurisdiction of the precautionary actions or the proceedings of that doesn’t take the resignation of any condition of friendly agreement, unless a contrary feeling is expressed.
Appendix
Policy of withdrawal
Principles of withdrawal
The customer disposes of the right to do a devolution and or reclaim possible defects or vices that the product presents. The customer disposes of the time limit of 14 natural days, counting from the date of the reception of the product, for the return of such (article 71 of the lay 3/2014 from the 27 of May.)
Time limit for withdrawal.
The time limit for withdrawal expires in 14 natural days from the reception of the product.
In case that the order is composed by multiple products, they’ll be sent and received by different dates, to initiate the limit to use the withdrawal right will be taken into account by the last product turned in.
Notification of the desisting rights
To use the withdrawal rights, the customer will notify their decision in medium of the declaration used in an unequivocal way (for example, email, fax, or through a sent letter by mail.) to Calle Piedrafita 1, Cobo Calleja, Fuenlabrada (Madrid) or info@icsoneasyspeed.es
So that the rights of withdrawal are respected, the customer will transmit their communication relative to exercise the rights of withdrawal before the time limit expiration.
Withdrawal effects
In case of desisting rights by the part of the customer, the seller will compromise to return the totality of the payed quantity, including the shipping cost, (with exception to the additional costs, originated in their case, by the customer in a different transportation method to the standard proposed by the customer.)
The customer will, without excessive delay and in any case, take more time than 14 natural days after the communication to the vendor to desist the present contract, resend the goods to: Calle piedrafita 1, Cobo Calleja, Fuenlabrada, Madrid.
This limit is respected by the customer if they send the product before the 14 natural days expiration time.
When the customer has exercised the withdrawal rights, the seller will be obliged to return the sums paid by the client, using the same medium of payment done for the initial transition, unless the client explicitly expresses that they want a different method, in any case, this return wont be of any cost to the client.
The seller can differ the return to the reception of the good or till the customer shows proof of having expended the good, the retained date will be the first of these two.
State of the returned product
The product will be restituted following the seller’s mottos of the seller and including all of the given accessories.
The customer has the responsibility that the product returned are found in their original packaging and in the same conditions and states they’re received in.
Packaging
The products that are packaged in conformity of the laws of transportation in vigor, with the end of guaranteeing the maximum protection during the delivery. The customer Will respect the same normative in the devolution of the recirculation of the products.
Exclusion of the withdrawal rights
The withdrawal rights won’t be applied to these cases:
- The goods or services which prizes depends on the fluctuations in the market.
- The goods or services supplies are made according to the customers specifications or are clearly personalized.
- Supplies of goods susceptible to breakage or expire rapidly.
-Supplies of goods which nature requires to be combined with other products. +
-Supplies of sealed goods that can not be supplied in a dematerializing form if the execution has started according to the previous accordance with the consumer, to which whom has equally recognized that they’ll lose their rights to withdrawal.
Appendix 2
Policy of delivery
Delivery zone
The products can only be supplied in the territory. Being impossible to make a delivery from which delivery direction outside of such.
The products will be expended in the direction of the delivery that the customer indicates the proceedings of delivery.
Time limit and shipping costs
The time limit to prepare a delivery and establish a ticket, before the delivery of such products in stock forms are mentioned in the webpage. These time limits are understood without counting weekends and festivities.
In the course of the order, the details of the time limits and costs of delivery are detailed in the web page. Once confirmed the purchase through the webpage, in case that there’s any changes, the seller will be obliged to tell the customer the possible changes, and through the approval of the customer, the following changes will be applied.
Delivery modalities
The package will be considered delivered to the customer in the moment that this in the disposition of the customer and is confirmed by the reception of such by the transports.
The seller won’t be responsible of when the delivery of the product does not get to be realized as consequence to the data facilitated by the client are fake, inexact or incomplete, or when the delivery can’t be executed by reasons outside of the delivery company, assigned in effect, such as the absence of the customer
Problems of delivery
The customer will be informed of the date fixated in the moment of election of transport method, till the end of the online procedure, before confirming the delivery.
The seller will be responsible of the delivering the good to the client. Its recommended that the customer disposes of a time gap of 3 days to notify the seller of breakdowns or losses constated by the delivery.