TEC-TOOLS - GENERAL CONDITIONS OF USE

1.- GENERAL INFORMATION AND WEB OWNERSHIP

The website tectools.es is owned by TEC-TOOLS with address at c / Suïssa, 42, 17257 Torroella de Montgrí, Girona (SPAIN) and with NIF: 38093228F. The email of our Customer Service is jordi.perez@tectools.es, where you can go at any time and we will be at your disposal to assist you as soon as possible. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the above, so, if you do not agree with all this, you should not use this Website. This document (as well as any other document mentioned herein) regulates the conditions governing the use of tectools.es and the purchase or acquisition of products and / or services therein (hereinafter, Conditions).  In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the rest of the legal texts, including the cookies policy, and data protection of tectools.es. Likewise, it is reported that these Conditions may be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the acquisition of products and / or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2.- PURPOSE AND SCOPE OF APPLICATION

The General Terms and Conditions of tectools.es described below define the rights and obligations within the framework of its website and in commercial transactions between tectools.es and its users.  For the purposes of these Conditions it is understood that the activity that TEC-TOOLS develops through the Website includes: The distribution and sale of cutting and engraving tools, as well as materials for cutting and engraving and other accessories.

3.- THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they accept, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

•          Make use of this Website only to make inquiries and legally valid purchases or acquisitions.

•          Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.

•          Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).

•          The User declares to be over 18 years of age and have legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in the European Union and especially in Spain. TEC-TOOLS does not ensure that the Website complies with the laws of other countries, either totally or partially. TEC-TOOLS declines all responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside the European Union.    The User will formalize the contract of sale of the products and / or services desired in Spain in the language in which these contracting conditions are written, that is, in Spanish.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents included in the tectools.es website , such as texts, audiovisual content, source code, design, logos, trademarks, and others are the property of TEC-TOOLS or the rights and consents of their owners have been obtained for their use and are protected by the regulations governing Intellectual and Industrial Property.  The use and navigation of our website does not imply in any case an authorization or license of any kind on these contents and therefore, it is expressly forbidden to make use of them either by exploiting them, reproducing them, transforming them, distributing them, etc. in any format without prior consent. For more information read the "Legal Notice".

5.- SECURITY MEASURES AND PROTECTION OF PERSONAL DATA

The website  is tectools.es protected with security systems and complies with all legal measures provided for the security of the systems and the data stored therein. tectools.es does not have access to confidential data regarding the means of payment.   The personal data that is stored is duly protected in accordance with the provisions of the regulation of security measures. tectools.es complies with all the principles and obligations established in the General Data Protection Regulation 679/2018 of April 27, 2016 and Organic Law 3/2018, of December 5, of data protection and guarantee of digital rights. The information or personal data that the User provides to tectools.es in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true. For more information read the "Privacy Policy".              

6.- PROCESS AND CONDITIONS OF PLACING ORDERS

The visual information (images) or written and data included in each product have a merely informative and indicative function, so tectools.es  is not responsible in any case for the appearance of errors in said information. The User will receive an email confirming that tectools.es has received his order or request for purchase and / or provision of the service, that is, the confirmation of the order.  At the moment the customer clicks on the "PAYMENT" button, he is fully and unreservedly accepting the entire content of these General Conditions of Contract, and the user can print a copy of them.

7.- AVAILABILITY OF PRODUCTS

In the event that a supplier informs TEC-TOOLS that the selected product is not available when the order has already been placed and before the end of the shipping process of the sale in question, the customer will be informed of this circumstance by e-mail or telephone of the partial shipment or cancellation of his order. If the account has already been charged at the time of giving the information regarding the unavailability of the product, a refund procedure will be carried out for the entire amount of the order or the part that corresponds to the product in question, together with the corresponding shipping costs, in the bank account indicated by the latter for this purpose and of the process of which the customer will be informed by email. In no case will any right be generated in favor of the client (compensation, discounts, etc.) for this reason.  

8.- PRODUCT PRICES

The prices of the products offered on the tectools.es website are indicated in Euros (€) with all taxes included and not including participation in the costs of preparation and shipping.  These may change at any time, but any changes that may take place will not affect orders or purchases for which the User has already received an order confirmation. The participation in the costs of preparation and shipping is also understood with all taxes included. tectools.es reserves the right to modify prices at any time and the right to refuse any order for reasons subject to law. However, the products will be invoiced on the basis of the rates in force at the time of registration of orders. The products will remain the property of TEC-TOOLS until full payment of the price takes place.

9.- PAYMENT METHODS

Payment for purchases is made by Visa or Mastercard payment card. In case of payment by card, we will send a debit request to your bank; The amount will not be debited from your account until you get authorization from your bank. The debit term will depend on the rules applied to your payment method (immediate debit, deferred, etc.). In case of a rejection of the bank, the order will be canceled automatically and the customer will be informed by email. The charge on the card will be made at the time the User is sent the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, place established.

10.- CONDITIONS OF DELIVERY OF THE PRODUCT           
A) PLACE AND METHOD OF DELIVERY

The products will be sent to the shipping address that the customer has indicated in the course of the order process or that have been agreed in a particular way.                     

B) DELIVERY TIME

Delivery times vary depending on the availability of stock at the time of placing the order, they also vary depending on the destination and do not include holidays or weekends. These deadlines are indicated as soon as the payment is made, individualizing the conditions according to the location of the user and the shipping method chosen (standard, express, international, etc.). For any questions about it ask our email. If for any reason, which is attributable to it or due to a major cause, TEC-TOOLS cannot meet the delivery date, it will immediately contact the User to inform him of this circumstance and to reach an agreement on how to proceed in the event that the User requests a return, but the costs that may arise from the previous logistics management will be borne by the User. Each delivery is considered made from the moment in which the transport company makes the product available to the customer, or a third party indicated by him acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

C) ISSUES TO BE TAKEN INTO ACCOUNT AT THE TIME OF DELIVERY

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when TEC-TOOLS receives notification of the delivery of the product to the user. It is exclusively up to the recipient to check the shipments upon arrival, express observations and submit all the claims he deems necessary, and may even reject the package, if the latter is likely to have been opened or if it shows clear signs of deterioration. Such observations or complaints must be sent immediately to TEC-TOOLS. If the products delivered are not in nature or quality with respect to those purchased on the tectools.es website and indicated in the order dispatch email, the customer must make their claims within a period of 10 days following delivery by contacting the "Customer Service".    

11.- WITHDRAWAL AND RETURN                                    

The customer may return the product within 14 days from the date of receipt of the order by the customer, as long as he has not opened the package and the reason for return is not for having received it opened or damaged. Before any return, the customer must indicate his intention to return a product, making use of the Customer Service, in this way he will obtain his return order and the address where he must return the product. Once the customer has obtained their return address, they will have to send a package with:

- Items in their original packaging.  
- The return order, inside the package.     
- The document with the return address.

This right of withdrawal can never be exercised if the products sent have been used. The products must be returned properly protected, in their original packaging, in a perfect condition for resale (without damage, breakage or dirty). Packages that do not include any element that allows the sender to be identified (order number, surname, first name, address) cannot be accepted either. The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of personalized products. Once the package has been received and it has been verified that the returned products are in perfect condition, the refund procedure will be carried out for the amounts corresponding to the returned products.                                                        

12.- PRODUCT WARRANTY

 Since TEC-TOOLS acts as a representative of professional suppliers who guarantee that the products presented for sale on the tectools.es website are free of defects, the contractual guarantee offered is the one granted by the supplier and it has a period of validity to consult with TEC-TOOLS  . The warranty will not cover products damaged at the time of transport or due to improper use. The provisions of this Article shall not affect the legal guarantee for hidden defects, when the product is sold to a consumer or a non-professional customer. For any questions or requests for information, the customer can contact Customer Service via our phone number or email.

13.- RESPONSIBILITIES AND APPLICABLE LEGISLATION

TEC-TOOLS cannot be held liable for indirect damages, and business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred). Subject to the provisions of the preceding paragraphs, the liability of TEC-TOOLS under these general conditions may not exceed an amount equal to the sums paid or payable after the transaction that is at the origin of said liability, whatever the cause or form of the action in question.

Likewise, TECTOOLS also limits its liability in the following cases:

  ● TEC-TOOLS applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature.

• TEC-TOOLS will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retention, and in general any other typical of the sector, which result in delays, losses or thefts of the product.

● Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. TEC-TOOLS puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it disclaims liability for causes that are not attributable to it, fortuitous event or force majeure.

• TEC-TOOLS will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, TEC-TOOLS will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

● In general, TEC-TOOLS will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, that are due to force majeure, and this may include, but not limited to: 

o   Strikes, lockouts or other industrial action measures.

o   Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.

o   Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

o   Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.

o   Impossibility of using public or private telecommunications systems.

o   Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and TEC-TOOLS of an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. TEC-TOOLS will put all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.   The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation. Any controversy, problem or disagreement arising from or related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between TEC-TOOLS and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

14.- WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with TEC-TOOLS are electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that TEC-TOOLS sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

15.- WAIVER AND NULLITY

No waiver of TEC-TOOLS to a specific right or legal action or the lack of requirement by TEC-TOOLS of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations.  No waiver of TEC-TOOLS to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.  If any of these Conditions is declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

16.- COMPLAINTS AND CLAIMS

The User can send TEC-TOOLS their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information). In addition, TEC-TOOLS has official complaint forms available to consumers and users, which they can request from TEC-TOOLS at any time, using the contact information provided at the beginning of these Conditions (General Information).  Likewise, if a dispute arises from the conclusion of this purchase contract between TEC-TOOLS and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters.  You can access this method through the website: http://ec.europa.eu/consumers/odr/. Failing that, the courts of the customer's place of residence shall have sole jurisdiction, regardless of the places of delivery and the methods of payment accepted. These General Conditions of Contract in Spanish language will be executed and interpreted in accordance with Spanish legislation, legislation to which the parties expressly submit.