GENERAL TERMS AND CONDITIONS
1.- OWNERSHIP OF THE WEBSITE.
Pursuant to the Information Society Services and E-Commerce Act, Law 34/2002, July 11, (hereinafter, LSSICE), the general information of this website is provided:
- Owner: ALEA SOLUCIONES, S.L. (hereinafter, ALEA)
- Registered offices: Avda. de la Albufera, 321, 5th, Office 1, Madrid, C.P. 28031, Spain.
- Contact: firstname.lastname@example.org
- Customer Service: 911 87 90 50
- Fax: 91 205 08 65
Any correspondence or claims should be addressed to the registered offices indicated above.
ALEA SOLUCIONES, S.L., is a limited company with C.I.F. nº: B-83198630, inscribed in the Commercial Register of Madrid, Volume 17.579, Folio 184, Section 8ª, page M-302299. ALEA is the owner of the website http://www.aleashop.es/ (hereinafter, the website or shop) made available to users for the purchase of products and services of ALEA and third parties.
2.- ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF THE WEBSITE
- 1. The purchase of products and/or services through the website http://www.aleashop.es/, property of ALEA (hereinafter the Provider) is subject to the terms of the contractual document set forth below. The acceptance of the present document implies that the User has:
- Read and understood the conditions set forth herein.
- Has the legal capacity to enter into a contract.
- Accepts all the conditions and obligations set forth herein.
User of the website: Person accessing the website http://www.aleashop.es/ either directly or through other websites or pages and registered for the purposes of acquiring the products offered therein.
General Terms and Conditions (CGC): these are the general terms and conditions which govern the contractual relationship between ALEA and the User of the website.
3.- IDENTITY OF THE PARTIES
The first Party, the Provider of the goods and services contracted by the User of the website is ALEA SOLUCIONES, S.L., with registered offices at Avda. de la Albufera, 321, 5th, Office 1, Madrid, C.P. 28031, Spain.
And the other Party, the User of the website, registered in the website with Username and password.
4.- USER REGISTRATION
The products offered through this website are for incorporation into the production process or provision or sale of services to third parties by the User in their condition as companies or professionals acting within the proper scope of their business or professional activities. In order to register, Users must be a company or professional within the telecommunications sector providing services related to the products sold on the website.
The User may register on the website in the section “Create an Account”. Personal information must be entered in the required fields. Registration as a User will provide access to the Aleashop, the acquisition of products and subscription to the Alea newsletter with information about the company and its products.
The User selects a Username and password and undertakes to make diligent use of the same and not to provide their username and password to third parties. The User will notify the Provider immediately of any loss, theft or possible unauthorised access by third parties in order to proceed with the blocking of the same. The User is wholly responsible for the proper use of the website and its features and for the accuracy and veracity of the personal data provided.
The User may not choose a Username intended to impersonate or mislead others or misrepresent affiliation with the Provider or use offensive, slanderous or otherwise insulting words or expressions that are against the law, common morality or standards of good conduct.
5.- OBJECT OF THE CONTRACT
The present contact will regulate and govern the contractual relationship between the Provider and the User from the moment the latter agrees to the purchase and sale agreement during the contracting process.
The contractual relationship refers to the delivery of a specific product or service in exchange for a specific price clearly disclosed on the website.
These General Terms and Conditions are binding on both parties and form an integral and inseparable part of the purchase and sale agreement. This contract comes into effect at the moment the User places a firm order on the website through the contracting process described below and pursuant to Article 1.255 of the Civil Code establishing the principle of freedom of contract and agreement between the contracting parties.
ALEA provides services through the website: http://www.aleashop.es/ exclusively for mainland Spain, that is, excluding the Balearic Islands, Canary Islands, Ceuta and Melilla, hereinafter referred to as “the Territory”. ALEA only delivers and distributes products within the Territory. The use of this website, and any purchases made through the same, will be considered as within Spain and therefore subject to Spanish law and jurisdiction. ALEA does not accept or deliver orders outside the Territory.Notwithstanding the above, ALEA may offer products and services to the excluded regions in the future, in which case this will be announced in advance on the website.
7.- PRODUCT INFORMATION
The products offered through this website are for incorporation into the production process or provision or sale of services to third parties by the User in their condition as companies or professionals acting within the proper scope of their business or professional activities.
The descriptions of the products offered through this website are from the ALEA product catalogue and which are displayed and described on the company website and through which they can be purchased.
The photos, graphic or iconographic representations and videos related to the products, as well as commercial names, brands or distinctive details of any kind are included in the website to provide the maximum information to the User. However, these are for informative purposes and should not be considered as exhaustive.
The User is advised that in some cases the images posted with the description of the product may not exactly coincide; in these cases, the description provided in the purchase order will prevail. These cases are exceptional as ALEA undertakes always to provide an accurate picture of the product offered.
Furthermore, to ensure the User has complete information ALEA will notify the buyer of the available stock of the product as soon as possible. In the event the product is not available after purchase, ALEA will notify the User of the total or partial cancellation, as the case may be, of the order and refund the purchase price where appropriate.
The price of each product will be that indicated on the website, except in the case of a manifest error. Although ALEA undertakes to ensure that all price information is accurate, errors may occur. In the event of a pricing error for an ordered product, the User will be notified as soon as possible and will have the opportunity to reconfirm the order at the correct price or cancel the order.
Prices may change at any time, but (with the exception of the case above) these changes will not affect orders for which ALEA has issued an Order Confirmation.
Prices for all products are expressed in Euros (€) and do not include Value Added Tax (VAT) or other applicable taxes. Prices, except where expressly indicated otherwise, do not include the cost of shipping, handling, packaging, insurance, or any other additional service related to the product. The prices for each product are indicated in the website and applied automatically in the last step of the contracting process. In any case, the User will be notified of the total price of their order.
The price of the product or products, applicable taxes and costs of shipping will be detailed at the moment of purchase, allowing the User to see clearly all total cost of all items prior to placing a firm order.
For any information about their order, the User may contact the ALEA Customer Service department by email at: email@example.com or by telephone: 911 879 90 50.
ALEA reserves the right to change product pricing at any time. Products are invoiced at the price applicable at the moment of purchase, except in the case of a manifest typographical error.
9.- OFFER AND ACCEPTANCE
The pre-contractual information and contracting process is conducted in Spanish. All transactions will be conducted in this language. Where the use of another language is possible, this will be indicated at the start of the contracting process.
In order to access and purchase the products offered by the Provider, the User must first create a User account for the website. The User must provide the personal data which may be required.
Once a User account has been created, the User will be informed, pursuant to Article 27 of the Information Society Services and E-Commerce Act, Law 34/2002, that the contracting process will proceed according to the following steps:
Once the products have been selected and added to the shopping cart, the next step will be to process the order and make the corresponding payment. More details are provided below:
Click the “My Shopping Cart” icon at the top right of the page.
Click on the “Buy” icon. This screen shows a summary of the shopping cart with the selected products, price, taxes, shipping costs (where applicable) and/or insurance as the case may be. The User may delete any product by clicking on the delete icon.
If the User agrees with the selected products, they click on the “Buy and Proceed to Payment”, provide billing and shipping information and select the means of payment. The User must validate this screen and accept these General Terms and Conditions for the purchase.
Once all the required information for payment has been entered, the User clicks on the “Confirm order” icon and enters their credit card details, finalising the order. Otherwise, the User may choose to pay by making a bank transfer or deposit into the account of ALEA SOLUCIONES, S.L. In this case, the order will be finalised with the transfer or deposit is received in the ALEA account. The ALEA account details are provided below.
The means of payment available are those indicated on the web page in the payment process:
Deposit or bank transfer into the account of ALEA SOLUCIONES, S.L.: IBAN nº: ES21 2100 2127 1102 0023 9244
If you are paying by credit card, by clicking on “Buy and Proceed to Payment” you are confirming that the credit card is yours.
Credit cards are subject to the verification and approval of the issuing financial entity. If this entity does not authorise the payment, ALEA will not be held responsible for any delays or non-delivery of the order nor can any contract be formalised.
ALEA will send an email to the User within twenty-four hours (24 hrs) from the finalisation of the order, with acknowledgment of receipt, confirming the order. The order and the contract will be understood as confirmed and formalised upon reception of payment by ALEA.
In the case of payment by bank deposit or transfer, the order will be finalised upon the receipt of the transfer in the designated bank account, although the process can be speeded up by sending a receipt for the bank deposit or transfer by email to firstname.lastname@example.org, indicating the order reference number.
11.- PAYMENT FOR PRODUCTS
Payment for the products and any additional costs will be made at the moment of purchase. ALEA will send an email confirming receipt of the order.
The User should notify ALEA as soon as possible, by means of an email or by telephone, of any improper or fraudulent charge to the credit card used for purchases on the website in order for ALEA to take the appropriate measures.
Furthermore, ALEA declares that it does not have access to or store sensitive data related to the means of payment of the User, except that strictly necessary for the correct processing of payments. Only the corresponding financial entity processing the transactions has access to this data. Upon completion of the purchasing process an electronic document is generated formalising the contract and which the User may print out for their records.
ALEA reserves the right to cancel orders in those cases and in conformity with the terms and conditions set forth in the section “Payment for products” in the present Terms and Conditions.
ALEA will issue a physical invoice to be sent to the email of the User if requested.
The invoice will be issued in the name of the person placing the order. The User must ensure that the details of the buyer are correct and complete as subsequent changes are not possible.
ALEA advises that, in order to safeguard the confidentiality of information, duplicate invoices will only be issued to the title holder of the contract. Duplicate invoices will not be issued to third parties. ALEA will not send invoices by fax or ordinary mail.
12.- PLACE AND PERIOD OF DELIVERY
- (i) Place of delivery
ALEA will undertake to deliver the product in perfect condition to the address indicated by the User, which must be within the Territory. In order to facilitate deliveries, the address provided by the User should be an address where deliveries can be made during habitual business hours.
In the event the User is absent at the moment of delivery, the shipper will leave a delivery notice with instructions on how to arrange a new delivery. If the User does not contact the shipper to arrange a new delivery within a period of three days (3 days) the products will be returned to the ALEA warehouse. The User will be responsible for the costs of return and any possible costs this may entail, where applicable.
ALEA will not be held responsible for any failure to deliver orders as a result of false, inaccurate or incomplete delivery address or when delivery could not be made due to circumstances beyond the control of the shipper, such as the absence of the addressee.
- (ii) Period of delivery
Products will be delivered within a period of forty-eight (48) hours from receipt of payment, except in the event of circumstances of force majeure or circumstances beyond the control of ALEA which make delivery impossible within this period. The User will be notified immediately of these circumstances.
ALEA will not deliver products on Saturdays, Sundays or on national, autonomous community or local public holidays. Delivery will be considered made when the product is put at the disposal of the User at the indicated delivery location.
The risk for the product(s) (including, risk of loss, damage or theft) shall pass to the User from the moment of delivery, in accordance with the terms set forth in these Conditions.
- (iii) Delivery conditions The User must verify that the number of packages delivered by the shipper corresponds to that specified in the order and that the packaging is in good condition without any sign of manipulation or damage during shipping.
In the case the User detects any anomaly in the condition of the shipment, they should notify ALEA immediately in order to file a claim with the shipper.
13.- RETURN OF PRODUCTS
Without prejudice to any other rights, the User will have the right to a refund for the price of defective products or delivered products that do not correspond to those ordered, including the cost of shipping where applicable.
In these cases, the User should return the products to ALEA according to the procedure established by ALEA. The User will not be responsible for the cost of returning these products.
Providing the User has followed the procedure established by ALEA and complied with the terms set forth in these General Conditions, ALEA will refund the User for the cost of the returned products that are defective or were wrongly delivered, as established in section C above.
In the case an order is cancelled, the following conditions will apply:
- The product must be in the same condition as when it was delivered and must include all instructions, documentation, accessories and original packaging and labelling. If the product is returned because it was not the product ordered by the User, the returned product should remain packaged or closed just as delivered with the seal intact.
- Products should be returned to ALEA using the same box or package in which they were delivered or, failing this, is a similar format that ensures the products are retuned in perfect condition.
- Returns should include a copy of the purchase order and the delivery slip of the product within the package, indicating the products that are returned and the reason for their return.
- The User should send an email to email@example.com indicating the order number and the reason for the return. ALEA will provide instructions for the proper return of the product by email.
- Returns should be addressed directly to ALEA SOLUCIONES, S.L., Avda. de la Albufera, 321, 5th, Office 1, Madrid, C.P. 28031, Spain, within a period of 14 calendar days from the date ALEA was notified of the order cancellation. In the case of any doubts about the returns procedure, contact the Customer Service department by email at: firstname.lastname@example.org or by telephone: 911 879 00 50.
Providing the User has followed the returns procedure and instructions provided by ALEA and complied with the terms set forth in these General Conditions, ALEA will refund the User for the cost of the returned products, less the cost of shipping arising from the return.
The User will not be entitled to a refund if products are not returned in the same condition in which they were delivered or in the case of non-compliance with these General Terms and Conditions.
In the case of partial returns of orders, the User will be refunded for the returned items only.
ALEA will process refunds though the same method of payment used by the User for the purchase of the products. ALEA may retain the refund until the returned products are received in its warehouse.
14.- APPLICABLE WARRANTY
All products offered through this website are expressly sold for the exclusive use of companies or professionals acting within the proper scope of their business or professional activities and, consequently, are acquired for the incorporation into the production process or provision or sale of services to third parties.
Consequently, the User may as a business or professional execute the product warranty under the general terms of liability for hidden defects of the Civil Code. In the case of any doubt, the User should contact ALEA.
To execute the product warranty, it is essential to retain proof of purchase and delivery note of the products.
15.- INTELLECTUAL PROPERTY
The User recognises and agrees not to perform any activity which may infringe or harm, including but not limited to, the copyrights, registered trademarks, bands, logos, texts, photographs, icons, images, etc, as well as the graphic design, source code or any other intellectual property, materials or content provided on this website property of ALEA or third parties.
The public information contained on the ALEA website related to ALEA, as well as the brands, products, logos, etc of third parties are protected under intellectual and industrial property legislation. The copy, transmission, cession, disposal or use on the part of the User for purposes other than their digital promotional use is strictly prohibited without the express prior consent of ALEA or the corresponding third-party proprietor.
16.- MALWARE, HACKING AND OTHER ATTACKS
The User will not wilfully make any improper use of this website through the intentional introduction of any virus, trojan horse, worm, logic bomb or any other malware, programs or materials which may be technologically malicious or harmful; nor will the User attempt any unauthorised access to this website, its server or any computer or database related to the same nor conduct any denial of service or distributed denial of service attacks.
Violation of this clause may constitute a criminal act or infraction under the law. ALEA will notify the competent authorities of any violation of the law and cooperate fully in the identification of the perpetrators. Furthermore, failure to comply with this clause will result in the immediate cancellation of authorisation to use this website.
ALEA will not be held responsible for any damage or loss resulting from any denial of service attack, virus or other programs or materials which may be technologically malicious or harmful as a result of the use of this website, downloaded content from the same or other websites to which the User is redirected.
ALEA will not be held responsible for any interruptions in telecommunications service or power which impedes the User from making use of the services offered.
17.- APPLCABLE LAW AND JURISDICTION
The present General Terms and Conditions are subject to Spanish law.
In the event of any dispute or discrepancy in the interpretation of this Legal Notice or any issue related to the services provided through this website, these will be subject to Spanish law.
In the event of any dispute or conflict regarding the purchase of products and/or services through this website and/or these General Terms and Conditions, and for the resolution of any discrepancies, the parties agree to submit to the Courts and Tribunals of the City of Madrid, except where jurisdiction may by law correspond to that of the User.