Headline: CONSTRUCCIONES PBR S.L. (Hereinafter referred to as ADAJUSA)
Registered Office: Calle Mercurio 7. Polígono Coherman. 28970 HUMANES DE MADRID (MADRID) SPAIN
Intracommunity CIF: ESB28707693
Public Registry: Madrid Mercantile Registry, Volume 6255, General 5284 of section 3 of the Companies Book, folio 58, Page 52,382, 1st entry.
Telephone: (+34) 912973850
The following are the general conditions of sale that are assumed in the contractual relationship between the user of this website: ADAJUSA and the seller, Construcciones PBR S.L. In these conditions we will refer to the user of ADAJUSA as "USER" or "you" and the seller as "ADAJUSA".
It should be noted that ADAJUSA reserves the right to modify the information contained in these General Conditions without prior notice, so it is advisable to review these conditions each time you access the website ADAJUSA. Each service or purchase made through this website is governed by the general conditions set out here at the time of the order. When placing an order you must accept without reservation the general conditions of our online store to process it, thus understanding that you know and assume each of the conditions. Similarly, when you access the ADAJUSA website, you also accept the conditions of use.
The acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- It is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods or services contracted by the USER is ADAJUSA (CONSTRUCCIONES PBR, S.L.), with registered office at CALLE MERCURIO, 7 - 28970 HUMANES (MADRID), NIF B28707693.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or of possible access by an unauthorized third party, so that the latter may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipment of orders.
- Right of withdrawal.
- Force majeure.
- General information about the offer.
- Price and term of validity of the offer.
- Transportation costs.
- Method of payment, expenses and discounts.
- Purchase process.
- Applicable warranties.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
The shipments of goods will usually be made by EXPRESS MESSENGER (CORREOS EXPRESS, GLS, Transnatur, SEUR, UPS, ASM, REDUR, TRANSAHER, STD, etc.), according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The shipping time differs according to the country, destination town and payment method, being 3-5 days for light material and 5-7 days for heavy material in Peninsula and Portugal; and 5-7 days for any type of material in international shipments.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.
Shipments will be made in Spain (with the exceptions of Ceuta, Melilla and the Canary Islands) and in the following countries of the EURO ZONE (Germany, Austria, Belgium, Finland, France, Greece, Italy, Luxembourg, Netherlands, Portugal, Ireland, Slovakia, Cyprus, Latvia, Liechtenstein, Lithuania and Slovenia). For the rest of the countries of the EURO ZONE and other countries outside consult shipping method and price of the same, which may vary substantially. The order will be sent to the address you indicated at the time you made your purchase. Notwithstanding this, there are certain countries, cities or towns and / or islands, which are not shipped.
ADAJUSA reserves the right to send a package by a carrier other than the one indicated on the website, without changing the delivery conditions of the same.
ADAJUSA, under the modality of "pick up in store" will not deliver orders to transport agencies sent by the buyers.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects in the product or service, both online and offline.
The USER has a period of thirty (30) calendar days, counted from the date of receipt of the product, to return the product (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is unopened and it cannot be proven that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are customized products, special manufacturing, cut to size or those, which for reasons of hygiene or other exceptions provided by law, are not susceptible to this right. All returns must be communicated to the PROVIDER, requesting a return number (RMA) by e-mail to firstname.lastname@example.org, indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, enclosing the RMA document correctly filled in (no package will be treated without this document correctly filled in), with the transport costs at his/her expense, to the address of ADAJUSA (CONSTRUCCIONES PBR, S.L., CALLE MERCURIO, 7 - 28970 HUMANES DE MADRID (MADRID) SPAIN)
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: ADAJUSA (CONSTRUCCIONES PBR, S.L., CALLE MERCURIO, 7 - 28970 HUMANES DE MADRID (MADRID) SPAIN)
Telephone: (+34) 912973850
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle Castelló 24, Esc 1 2° izq., 28001 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (+34) 91 402 83 39)www.confianzaonline.es).
These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for alternative dispute resolution (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If they refer to electronic transactions with consumers, or about data protection when related to this area, the complaints will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the Advertising Jury of AUTOCONTROL.
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these General Conditions.
No modification, alteration or agreement contrary to ADAJUSA's Commercial Proposal or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also be valid in the event that, for any reason, the supply of the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product do not include Value Added Tax (VAT) unless otherwise indicated. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional and ancillary services to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before finalizing the purchase you will be able to check online all the details of the order: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the user and can be downloaded from your customer account when necessary.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number (+34)912973850 or via e-mail at email@example.com
9. TRANSPORTATION COSTS
Prices do not include shipping or communication costs, installation or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated by the invoice amount, the delivery address and the country of destination.
The maximum transportation rate applied Taxes NOT included is as follows:
Peninsula and Portugal if the amount does not exceed 175€ plus taxes: 8€ + taxes
Peninsula and Portugal with amounts over 175€ + taxes: Free
We do not ship to the Canary Islands, Ceuta, Melilla, Madeira and Azores.
Balearic Islands if it does not exceed the amount of 300€ plus tax:12€ plus tax
Balearic Islands with amounts over 300€ plus taxes: Free
|Germany||14 plus tax|
|Austria||16 plus tax|
|Belgium||16 plus tax|
|Metropolitan France||14 plus tax|
|France Corsica||40 plus tax|
|Italy Peninsula||16 plus tax|
|Italy Sardinia||14 plus tax|
|Italy Sicily||16 plus tax|
|Netherlands||16 plus tax|
Pick up at ourhumanes de Madrid warehouseWith orders over 20€: Free
10. PAYMENT METHODS, FEES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
- Bank transfer: No extra charge will be applied.
- Cash on delivery: a charge of 3% (minimum 3 €) will be applied as a collection fee plus 3 € commission. Payment will not be accepted if it exceeds 1000 €.
- Credit card: No extra charge will be applied.
- PayPal: No extra charge will be applied.
** For customized, custom-made or cut-to-size materials, payment cannot be made by cash on delivery or Paypal.
11. PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative linkage, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order following the next steps for its correct formalization:
- We click on process purchase.
- Verification of the shipping address.
- Verification of invoicing data.
- Selection of the delivery method.
- Accept the general conditions of sale (Read beforehand).
- Selection of the payment method.
- Finalize the order.
Once the order is completed, the system instantly sends an e-mail to the PROVIDER's management department and to the e-mail address previously indicated by the user when filling in the order data.
Orders (purchase requests)
An e-mail confirming the status of the order will be sent within 24/48 hours on working days.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of one year as they are industrial consumer goods, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of July 10, 2003 on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:
a) Conform to the description provided by ADAJUSA.
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) Are suitable for any special use required by the customer when it has made it known to ADAJUSA. at the time of the conclusion of the contract, provided that it has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ADAJUSA.
e) ADAJUSA describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by ADAJUSA or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. No liability shall arise for non-conformities that the USER is aware of or could not have been unaware of at the time of conclusion of the contract or that originate in materials supplied by the USER.
II) PROVIDER'S LIABILITY
ADAJUSA will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. ADAJUSA recognizes the USER the right to repair the product, its replacement, price reduction and termination of the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs ADAJUSA. of the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on ADAJUSA that, in comparison with the alternative form of remedy, are unreasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement shall conform to the following rules:
a) They shall be free of charge for the USER.
This free of charge will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract provided that they are within the first 30 days of receipt. However, after the first 30 days it is the USER who will cover the shipping costs.
b) They shall be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the calculation of the periods referred to in Article VII. The suspension period will begin when the USER places the product at the disposal of ADAJUSA and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product,
ADAJUSA will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when the product reproduces defects of the same origin as those initially manifested.
d) The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII shall be applicable to the substituted product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or the termination of the contract in accordance with the terms of Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits set forth in Article IV, paragraph 2, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
h) For items with an "in situ" warranty offered by the manufacturer, this will be applicable only in the Spanish peninsular territory.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The termination shall not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
1.ADAJUSA is liable for any non-conformities that become apparent within one year of delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
3. The statute of limitations for claiming compliance with the provisions of the preceding articles expires three years after delivery of the product.
4. The USER must inform ADAJUSA of the lack of conformity within one month of becoming aware of it.
In the absence of proof to the contrary, it shall be understood that the USER's communication has taken place within the established term.
VIII) Action against the producer
When it is impossible for the USER or it is an excessive burden to contact ADAJUSA due to lack of conformity of the products with the purchase contract, the USER may claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer's liability ceasing, under the same terms and conditions as those established for ADAJUSA, the producer will be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer means the manufacturer of a product or the importer thereof in the territory of the European Union or any person who presents himself as such by indicating on the product its name, trademark or other distinctive sign. Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of products or services subject to these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of HUMANES DE MADRID (Spain).