First - GENERAL CONDITIONS OF CONTRACTING
The present general contracting conditions, together with the particular conditions that may be established, will expressly regulate the relations that arise between HOMEKIT SL with address Av. do Alcalde de Lavadores, 122, Vigo, Pontevedra, with Fiscal Identification Number B32319618 and the third parties (hereinafter "Users") that use the Internet portal www.desarrollo.masterled.es (hereinafter the "Portal"), as well as with the third parties that contract the products offered through it.
HOMEKIT SL reserves the right, at all times, to unilaterally modify, without prior notice, and at any time the presentation and configuration of the Portal.
These General Conditions have been drawn up in accordance with the provisions of the Law for the Defence of Consumers and Users, Royal Legislative Decree 1/2007 of 16 November, Law 7/1998 on General Contracting Conditions, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and any other applicable legal provisions.
By using the HOMEKIT SL Portal, you acquire the condition of User. Both the visit as well as the use and/or the acquisition of any of the products of the Portal, suppose the acceptance as User, without reservations of any kind, to each and every one of the General Conditions, as well as in its case, to the Particular Conditions that, in its case, govern the acquisition.
HOMEKIT SL may, at any time and without prior notice, modify these General Conditions by publishing these modifications on the Portal so that they may always be known by Users before visiting the Portal or acquiring any goods offered on the Portal.
Second - PRODUCTS OFFERED AND PURCHASE SYSTEM
A) The products offered in the Portal, together with their characteristics and prices will appear on the screen. Also appear on screen shipping costs to the home of the buyer of the products, which will always be borne by the buyer. These products will be available for sale until the end of stock.
The prices indicated on the screen are in euros and do not include the l.V.A.
B) Offers will be duly indicated on screen, HOMEKIT SL reserves the right to decide, at any time, the products contained and offered to Users through the Portal. Thus, HOMEKIT SL may at any time add new products to those included in the Portal, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Likewise, HOMEKIT SL reserves the right to stop offering, at any time and without prior notice, any of the articles offered on the Portal.
For the acquisition of the products offered in the Portal, HOMEKIT SL will ask the Users to proceed to register, for which said Users, who must be over eighteen (18) years old, must complete the instructions that appear on the screen and that they will need to execute. The User Name and Password are personal and non-transferable. HOMEKIT SL may carry out, with adequate prior notice, modifications in the user name and/or password, in which case the modified keys will lose their validity.
Once the User has registered, and in order to proceed with the purchase of Products, he/she must add the product he/she wishes to the Shopping Cart, according to the indications shown on the screen, filling in the order form provided and sending it to HOMEKIT SL, which implies the reading and acceptance of all the present General Conditions, as well as the existing Particular Conditions.
C) Once the purchase has been made and in the shortest possible time, always within thirty (30) days from the execution of the purchase, the Customer Service Department of HOMEKIT SL, will send the buyer User to the address indicated in the corresponding invoice form. The order confirmation sent by HOMEKIT SL, will not be valid as an invoice, only as proof of purchase.
Third - FORM OF PAYMENT, DELIVERY OF ORDERS
A) The payment of the price of the goods purchased and shipping costs, which will appear on screen, is prior to the shipment of products purchased reserving HOMEKIT, SL to stop shipping in the event of any incident in the payment.
You can make your payments by Credit or Debit Card, PayPal, Bank Transfer to the specified account number, cash on delivery or with FacilyPay (funded). All our payment systems are totally secure. All data provided for these purposes are encrypted under the protocol SSL (Secure Socket Layers) to ensure maximum security.
HOMEKIT SL undertakes to deliver the goods purchased by the User, at the domicile of the buyer, indicated for this purpose on the order form, in the shortest possible time and, in any case, always before thirty (30) calendar days from the date of placing the order. The shipping costs of the objects purchased shall be paid by the Buyer.
Fourth - SHIPPING
The shipment of the material will normally be made in a maximum period of 2 days once made and confirmed the payment of the invoice and previous availability of stock. This period is indicative and non-binding for HOMEKIT, S.L. who in any case will make the delivery as maximum in 30 days. If the material is not available HOMEKIT, S.L. will inform the customer of the possible delay time offering an alternative product. In this case the customer may cancel the order and request a refund of the amount paid.
Shipping costs for purchases of less than 99€ will have an additional cost of 4.90€ + VAT. Except Balearic Islands, Canary Islands, Ceuta and Melilla.
HOMEKIT, S.L. will not be responsible for delays in deliveries of goods for reasons beyond its control such as delays in the transport agency, strikes, demonstrations, etc..
- All the shipments of HOMEKIT, S.L. are sent from Spain by Express modality and Private Messaging 24h.
- All orders that are processed before 12 pm, are received in 24 hours, from this time will be delivered in 24/48 hours (working days).
- Deliveries are made Monday through Friday.
- Shipping costs for purchases under 99 € will have an additional cost of 4.90 € + VAT.
- Free shipping if your purchase exceeds 99€ (taxable base).
- COD shipments have a cost of 1€, which will be included in the order.
- HOMEKIT, S.L. guarantees 100% delivery of your order and remember that if you are not satisfied, you can return the product and we will refund your money in full, see our Returns policy.
Fifth - GUARANTEE
All our products are subject to quality controls and are guaranteed against production defects for a period of 2 years from the date of purchase. The warranty covers any defect in manufacture, design or material, although it will be necessary for the lack of conformity to be revealed within 14 days of receipt of the goods. The warranty covers only defective products. It does not cover knocks, improper use, or others that are not attributable to a defect of the supplier or a tare in the product. During the warranty period, at his choice, the CUSTOMER may return the product and we will proceed to repair or replace, and if this is not possible, for reimbursement of the amount paid. Transport costs generated by returns under warranty will be borne by the CUSTOMER.
Sixth - RETURNS
All the products that are sent from our store wvw.desarrollo.masterled.es, are reviewed to check their proper functioning and avoid inconvenience to both parties. But being aware that there may be incidences to the receipt of items purchased, we provide instructions for returning them.
You will be able to return the acquired products in a term of 14 days from the reception of the same ones, in case that they have any damage, so much of origin as during the transport.
To do this you must follow these steps:
- Send us an e-mail to HOMEKIT, S.L. communicating that you are going to return the article and the reason.
- Once we have received the return request, we will confirm it by sending you a return number.
- Once the return number is provided, we must send the items to our facilities or request a collection from our carrier for return.
Once we receive the product, we will contact you to determine if you want us to send you another article of the same characteristics, change it for another type of article, or refund the amount.
IMPORTANT:
Upon delivery of the goods by the carrier, must be reviewed the package, and if any anomaly must be noted on the delivery note (broken package, open package, unsealed, etc.). And as a rule, even if there is nothing suspicious on the packaging, Sign: Agreed to be checked.
If the damage is due to misuse attributable to the client, HOMEKIT, S.L. will not proceed to the replacement of the article, or refund of the amount paid.
Let us know your telephone number in the emails you send us for the return, in order to speed up and keep you informed of the procedures followed.
The returned articles will have to be received with their original packing.
However, please contact us to find a solution to the problem.
Seventh - DISISTANCE RIGHT
You have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period shall expire on the 14th calendar day of the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
To exercise the right of withdrawal, you must notify us at HOMEKIT SL, Av. do Alcalde de Lavadores, 122 - 36214 Vigo, Pontevedra or email masterled@homekit.es your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.
Model withdrawal form
To the attention of
HOMEKIT SL
Av. do Alcalde de Lavadores, 122,
36214 Vigo, Pontevedra
E-mail: masterled@homekit.es
I hereby inform you that I am terminating my contract for the sale of the following property______________________________________________.
Received on _______________________.
Consumer's Name ________________________________
Consumer's Address _______________________________ _______________________________
Consumer Signature
Date
In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by you of this right is sent before the expiry of the corresponding period.
Consequences of withdrawal:
In the event of a withdrawal on your part, we will refund all payments received from you, except for delivery costs, without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will not incur any costs as a result of the refund.
We may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.
You must return or deliver the goods directly to us or to HOMEKIT SL, Av. do Alcalde de Lavadores, 122, Vigo, Pontevedra, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired.
You alone shall be liable for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Eighth - COMMUNICATIONS
For the purposes of these General Conditions, and for any communication that may be necessary between HOMEKIT SL and the User, the latter should contact the Customer Service by e-mail (sending a message to masterled@homekit.es) or by written communication addressed to the Customer Service Department of HOMEKIT SL, Av. do Alcalde de Lavadores, 122, Vigo, Pontevedra. The communications from HOMEKIT SL to the User will be made in accordance with the data provided by the User when registering in the Portal.
Ninth - APPLICABLE LEGISLATION
This contract shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract relating to interpretation, validity and performance.
In the event of any type of discrepancy or claim between the parties in relation to the fulfilment or content of these General Conditions, the parties shall negotiate in good faith to try to resolve such discrepancy or claim within a maximum period of one (1) month from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties submit, in the case of legal persons, with express waiver of any other jurisdiction, to the Courts and Tribunals of Ourense, and in the case of natural persons of the Courts and Tribunals competent in each case.