General contracting conditions
GENERAL CONTRACTING CONDITIONS
Subjective and material scope
The following general contracting conditions (hereinafter the "General Conditions") agreed between the natural or legal person identified as a client (the "Customer") and INTECH 2015, SL, with registered office Calle Termens (pol Activa Park), 3, Lleida, 25190, Lleida, with NIF B25801523 (hereinafter "INTECH 3D") together with the particular conditions agreed in the budget (hereinafter the "Budget") and in the customer sheet ("Client Sheet") constitute the contract entire and will be referred to collectively (the “Agreement”).
The Client and INTECH 3D may be referred to in the Agreement, individually and indistinctly as "Party" or jointly as the "Parties".
In case of conflict or contradiction between these General Conditions and the particular conditions specifically provided for in the Budget, and the Customer Sheet, the Budget will prevail. Any modification of the General Conditions or the Budget must be formalized in writing with the signature of INTECH 3D and the Client for it to take effect.
Those natural persons, of legal age (over 18 years of age, or who have the recognized capacity to act for such purposes), legal entities that prove their condition, according to the identification data entered in the Client Sheet, will be considered Clients. who accept these General Conditions, and, where appropriate, the particular conditions provided in the Budget, which is applicable.
The contracting of services and products to minors is expressly prohibited, as well as by those natural or legal persons who do not comply with the general or particular conditions or when current legislation does not allow it.
In the event that the Client acts as a consumer in accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, the provisions of Annex I will apply. "Provisions for Consumers"
The Budget will only be valid for the model of equipment, complement and accessory on which it has been based. Any change made to the model of equipment, complement or accessory (hereinafter "the Products") will require a new Budget.
The prices and conditions provided in the Budget will be valid for each case, failing that, the term will be 30 calendar days. After said period without the acceptance by the Client, INTECH 3D may vary the prices and conditions of the same without the need for prior notice.
All the data provided in the description of the Products are made based on the information provided by the suppliers/manufacturers of INTECH 3D according to the technical sheet of the products whose links to them can be reviewed at the address provided in the Budget as well as at the URLs of the respective manufacturers.
INTECH 3D makes its best efforts to respect the shipping deadlines provided in the Budget, however, they are tentative deadlines and the delay will not entail any responsibility on INTECH 3D.
Shipping costs are borne by the Customer. In the event that the Customer requests home delivery, INTECH 3D will deliver the Products through third-party shipping services. INTECH 3D is not responsible for the service provided by the third party. The relationship reason for the shipment of the product will be exclusively between the Client and the transport company. In the event of any unforeseen event or disagreement related to the shipment of the products, the Client must contact the transport company directly.
The Client grants INTECH 2015 SL a non-exclusive, non-transferable, non-sublicensable, free, revocable license for the maximum term provided by applicable law, to use the Client's brand, both in its denominative and figurative component, including your logo, for promotional and marketing purposes, including but not limited to the publication of the brand on the INTECH 3D website, in the newsletter, as well as in commercial presentations of INTECH 3D, as a reference client.
Price and billing
The prices applicable to this Contract for the Products, as well as eventually the services will be included in the Budget (the "Price") and will not include VAT or any other applicable tax or surcharge, which will be paid by the Customer additional to the price. Said Prices will be those in force at all times, except for possible manifest typographical errors. The amount related to transport is not included in the prices provided for the products.
The Client will pay the amounts that arise from the Budget, both the Price and the VAT or any other tax or surcharge that is applicable in accordance with the provisions of the Budget in the terms and with the means of payment agreed in the Client Sheet. In case of contradictions, what was agreed in the Budget shall prevail.
Except as provided in Annex I, the amounts paid by the Client will not be refundable.
Each Party will assume the payment of the corresponding tax, fiscal, surcharge and any other type of obligations arising from this transaction, according to their respective character as Buyer and Seller, in accordance with the provisions of current legislation.
Offers and discounts
INTECH 3D may offer, at its sole discretion, discounts on Products and services, promotional codes subject to particular conditions or other offers as indicated in the medium in which it is advertised or sent to the Client by email in each case (in hereinafter, jointly, the "Offers"). The availability of any of these Offerings is temporary and subject to change and their offer to Customer is at the sole discretion of INTECH 3D.
The Client, when applying any of the Offers offered by INTECH 3D accepts, (i) the Offers will be used in accordance with the law, these General Conditions and, where appropriate, subject to the particular conditions indicated in each case for each Offer in particular, (ii) unless in the particular conditions of the Offer a fixed or minimum period is specified during which it will be available, the Offers may be withdrawn at any time without liability for INTECH 3D, unless the Client has already placed an order using the Offer, has paid the corresponding price and has received confirmation thereof in the manner established in these General Conditions, (iii) promotional codes, discounts or other Offers of any kind may not be duplicated, sold or made available to the public, unless expressly allowed in the corresponding particular conditions that, if applicable, are applicable and (iv) in the event of a conflict between what is generally established in these General Conditions and the particular conditions applied to a specific Offer, particular conditions will prevail.
The Customer has a 12-month warranty period on the Products that are the object of the transaction in accordance with the terms provided in the warranty conditions offered by the corresponding manufacturer, which can be consulted at the link included in the Budget. The warranty does not cover transportation costs, which must be borne by the Customer in the event that the product must be checked at INTECH 3D's facilities, the Customer also assuming the costs of transportation of the product to the Customer's facilities once checked or repaired. In any case, the Client has the right to receive the Products that are of a satisfactory quality and that comply with their description provided in the technical sheet of the same, incorporated through the link provided in the Budget as well as in the URLs of the respective manufacturers. If the Products received by the Client do not meet the minimum quality characteristics and description of the technical sheet, the Client may notify INTECH 3D of this circumstance by sending an email to email@example.com along with the details. of the case.
In Customer you can purchase a warranty service offered by INTECH 3D in which case the conditions provided will apply according to the program chosen by the Customer. The particularities of each program and its conditions will be agreed upon in the Budget.
In the event that the Client acts as a consumer, in accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users, the provisions of Annex I "Provisions for Consumers" will apply.
Returns & Exchanges
Without prejudice to the provisions of the manufacturers' warranty conditions, the Products are not subject to changes or returns.
In the event that the Client acts as a consumer in accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users, the provisions of Annex I "Provisions for Consumers" will apply.
Without limiting the foregoing, INTECH 3D assumes no responsibility for the selection of materials of the products subject to this transaction. Any declaration made by INTECH 3D personnel or specifications, referring to the products must be verified by the Client with the manufacturer of said Product in accordance with the use for which it is intended. Notwithstanding any warranty terms offered by the manufacturer of the Product, INTECH 3D shall not be liable for consequential damages of any kind, whether due to breach of warranty, breach or rescission of any term or condition, or negligence, in based on liability for risk or of any other type.
The information offered about the characteristics of the Products is established and provided by INTECH 3D by virtue of what is provided by the respective manufacturers. INTECH 3D manages the provision of the aforementioned information to the Client, however, INTECH 3D does not guarantee the accuracy and suitability of the characteristics of the Products.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL BASIS SHALL INTECH BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOST GOODWILL, LOST PROFITS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in this Agreement excludes or limits INTECH 3D's liability for damages resulting from intent or gross negligence.
INTECH3D's liability for damages derived from this Contract, whatever the cause, regardless of the form of action, whether contractual or extra-contractual, will be limited, at most, to the price of the products paid by the Client that have directly originated said responsibility.
In accordance with Regulation (EU) 2016/679, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD), as well as Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights (LOPDGDD) and the rest of the regulations on the protection of personal data that result from the application of INTECH 3D in its capacity as Responsible for treatment, informs the Client that the personal data requested to carry out the contracting of products and/or services (hereinafter the "Personal Data of the Client") will be processed with the purpose of managing this contractual relationship, the provision of services timely, its accounting, fiscal or administrative management. In addition, the personal data contained in this document, in addition, to comply with the relevant legal obligations.
The Client's Personal Data will be kept until they are no longer necessary or relevant for the purpose for which they were collected or registered in the INTECH 3D files. Subsequently, the personal data that meet this condition will be deleted, without prejudice to the legal period for which they will be kept blocked for compliance with legal obligations, which in no case will exceed a duration of 10 years.
In the same way, INTECH 3D informs that the Personal Data of the Client that INTECH 3D has been able to collect and include in its files will be communicated to companies that provide services to INTECH 3D that perform the functions of data processor, with the same purposes for which have been collected. Likewise, INTECH 3D informs that the necessary personal data will be made available to the transport and logistics company in charge of delivering the contracted product and/or service, if the home delivery option has been selected.
It is reported that the legal basis for the processing of your personal data is the contractual relationship.
INTECH 3D informs, in turn, that in order to provide the support service opportunely agreed with the Client, as well as the provision of the necessary repairs on the Products, and the exercise of the corresponding guarantees, the Personal Data of the Client will be transferred to the manufacturer indicated in the corresponding Budget, who will act in his capacity as Data Controller. The legal basis for the assignment of the Client's Personal Data is contractual compliance that binds the Client to INTECH 3D. The purposes of the treatment by the manufacturer indicated in the Budget, will be the provision of warranty services for the products purchased, repairs and replacements of parts if applicable, the necessary advice for the provision of technical support and those issues related to claims. by the Customer relating to the product purchased.
The Client may at any time exercise the rights of access, rectification, deletion, portability, limitation or opposition to their treatment by sending a request to the email address firstname.lastname@example.org.
Likewise, the Client may file a claim with a control authority, and in particular, with the Spanish Agency for Data Protection (www.aepd.es) if he considers that the aforementioned rights are violated or if he considers that the processing of data personal information that concerns you violates the applicable regulations.
The Client declares that the personal data provided is true, taking full responsibility for the possible consequences that may result. The Client must notify INTECH 3D of any update or modification of the personal data provided. Otherwise, INTECH 3D will not be able to answer for its veracity.
Each party will defend, indemnify, and hold harmless the other (and its employees, representatives, and agents) from and against all claims, liabilities, penalties, fines, and sanctions of any kind (including, but not limited to, interest, legal costs, customs obligations, fines, taxes or any other governmental sanction of any kind) (i) resulting or derived from any breach of representation, warranty or related to the Contract, in accordance with which any action was initiated, lawsuit or judicial proceeding, or a claim, lawsuit against the other Party, which could result in liability. Upon Customer's request and at Customer's own expense, INTECH 3D will fully cooperate in such defense and provide Customer with all relevant information under Customer's control.
INTECH 3D shall not be liable for any failure to manufacture, deliver or supply any Product provided hereunder, whether such failure or delay is caused by acts of God, fire, storms, strikes, blackouts, labor difficulties, riots, inability to obtain materials, equipment, labor or transportation, government restrictions, serious health or public problems or for any similar cause, over which INTECH 3D has no control.
In the event that the wording of each clause does not expressly indicate the application of the provisions of Annex I, its content will apply both to Clients in their capacity as Consumers and in their capacity as professionals.
Jurisdiction and Applicable Law
The Parties expressly submit, for any questions or disagreements that may arise due to the interpretation, fulfillment and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals of Lleida, Catalonia, Spain.
"Provisions applicable to Consumers"
In the event that the Client acts as a consumer in accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, the provisions of this Annex shall apply. III "Provisions for Consumers"
A. Right of withdrawal
In accordance with sections d) and e) of article 103 LGDCU, the Customer may exercise their right of withdrawal within a period of 14 calendar days from the date of delivery of the product, with the Customer fully assuming the costs of returning the product.
The Client has 14 calendar days to return the product after notification of the withdrawal, and INTECH 3D may withhold the refund until receipt of the withdrawn products to verify their proper condition to proceed with the refund and, where appropriate, deduct the amounts from the refund. that corresponds in case of manipulation or deterioration of the product due to fault attributable to the Client.
The right recognized herein will not apply to those products that were made according to the consumer's specifications or clearly personalized.
The invoice will be issued and sent to the Customer at the time the purchase is formalized.
C. Warranty for lack of conformity.
The deadlines will be those established by the mandatory regulations.
The Client can file a claim by contacting INTECH 3D through the email email@example.com.
Notwithstanding the foregoing, the European Commission offers a free access platform for the extrajudicial resolution of conflicts online (http://ec.europa.eu/consumers/odr/) to which the parties can submit voluntarily through the intervention of the Conflict Resolution Body that acts as an impartial intermediary between both parties.
• Link to electronic complaint form: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
• Link to the search tool for dispute resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
The competent courts will be those corresponding to the city of domicile of the Client as a consumer. The foregoing shall be understood without prejudice to the judicial competence established by virtue of the mandatory norm, of the extrajudicial procedures to which the parties submit voluntarily.