General Conditions of Sale.
These General Conditions of Sale are established between:
1. Emerito Ramón Rodriguez Frias, with registered office in Santa Cruz de Tenerife, Service Road No. 22, Dársena Pesquera and with CIF 43.772.707.-G who is the owner of the website europeairguns.com and www.europeairguns.es and makes it available to Internet users, with the purpose of providing information about the products and services of Emerito Ramón
Rodriguez Frias. Hereafter Europeairguns.
2. And, any person who places an order (hereinafter, the CLIENT). The dispatch of orders will be made in the Peninsula, Balearic Islands and Canary archipelago, Ceuta and Melilla.
For orders / deliveries abroad, consult the website www.europeairguns.com, which will inform you of the specific conditions. These conditions are applicable exclusively to consumers, without the resale of the purchased products being allowed in any case.
The execution of an order implies acceptance of these General Conditions of Sale by the CLIENT, as well as any other specified in the order itself.
The purpose of these General Conditions of Sale is to define the sales modalities between the CLIENT and Europeairguns, from the execution of the order, to the payment and delivery. These General Conditions are covered by the Law of Services of the Information Society and Electronic Commerce in article 10 and in TITLE IV article 23 and other applicable regulations
The CLIENT can process your order through the following devices:
Via the Internet, through the website www.europeairguns.com, following the established procedure. To process your order, the CUSTOMER must provide the personal data requested by any of the aforementioned procedures.
The execution by the CUSTOMER of the order is equivalent to full and complete acceptance of the prices, the description of the products on sale and the General Conditions of Sale, as well as any other conditions specified in the order itself.
Europeairguns will inform the CLIENT, as soon as possible, of the lack of availability of the requested product.
Delivery to the address that the CLIENT has specified:
The order will offer one or several delivery possibilities depending on the geographical area that the client designates.
Cost of this service is specified in the accepted order.
For delivery of bulky items the cost of the services will be presented to the Customer in the order.
This service can be requested with orders paid by credit card, direct debit, universal card and PayPal
(only for web payments).
4 SHIPPING CHARGES
Geographical delivery area: Europe, Iberian Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla.
Exceptions: the 48 hour delivery service and the transport of bulky items is offered only in the Canary Islands. The delivery service to the Peninsula, is 7 to 10 days and for the Balearic Islands, Ceuta and Melilla, is 10 and 14 days. The 48 hour service is subject to availability.
If the indicated delivery period has passed and you have not received your package, contact us at +34 666 773 538 or use the contact form available in our help section.
The customer can choose between 3 forms of payment:
Visa card (6000 or 4B):
- Payment of the order is processed at the time the order is placed. And the CLIENT can always see the Proforma invoice before validating the order, the CUSTOMER being able to reject the transaction.
- The payment of the order will be processed within 5 days of the shipment of your package.
- In the case of refunds, we will credit the amount directly to your account.
- PayPal is a very safe, fast and simple way to pay for your purchases online, without having to share financial information with the seller.
6 PRICES AND TAXES
The prices shown on the website do not include value added taxes. Taxes will be added once the client designates the place of delivery. For orders within Europe from private clients, the Peninsular VAT of 21% will be charged. In the Canary Islands the IGIC of 7% will be applied, except for items of tariff type 93052000 with a value higher than the € 270.46, for which a tariff of 13.5% will be applied. A fixed charge for packaging and shipping will be added to each order. This cost will be indicated on the website.
Europeairguns guarantees the quality of the products it supplies, under the legally established terms, for a period of two years from the date of delivery.
Damages caused by negligence, dropping, improper use or alteration, incorrect voltages, or incorrect installation or alteration not carried out by authorized Technical Service when appropriate, or materials subjected to wear and tear due to their normal use are not included.
In those incidents that justify the use of the guarantee, the item will be repaired, replaced or a full or partial refund will be offered, in the terms established by law.
The guarantee will be void:
If the identification number or the device itself is altered or repaired without the knowledge of Europeairguns Technical Service team.
To make use of the guarantee, contact us through the contact form available in our help section.
The client must inform Europeairguns of the fault within one month.
8 RIGHT OF WITHDRAWAL
Form and period of exercise:
The Customer may freely withdraw from the sales contract, without providing reason, within a period of fourteen (14) business days from the day of receipt of the product, or a longer period if it has been offered. The date of the delivery receipt will be used for the purpose of calculating the period of fourteen (14) days mentioned. The exercise of the right of withdrawal will not be subject to any formality, sufficing that it be accredited in any way admitted by Law.
If you wish, for greater ease in the exercise of the right, the client may use the Communication of Withdrawal provided by CAMUNA, and send it by certified mail before the end of the period of fourteen days referred above. For these purposes, the Notice of Withdrawal may be sent to the address contained therein together with the Product in its new condition and in its original packaging or, failing that, in other suitable packaging; also enclosing the original invoice issued to the CUSTOMER at the time.
The exercise of the right of withdrawal by the Client will not imply the imposition of any penalty.
The Customer must be responsible for the direct cost of return of the product. Returns with unpaid postage will be rejected.
The risks of loss, deterioration, impairment or damage to the Product in transit are borne by the customer until delivery to Europeairguns.
To exercise the right of withdrawal you can also use the contact form available in our help section, indicating your intention to return the product. Once received, we will indicate the delivery address to which the product should be returned.
The product must be unused and in perfect condition. Including accessories, documentation and original packaging, otherwise the value of the returned good will suffer a depreciation.
You will only be responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.
Refund of the amount in case of return.
Europeairguns will return to the Customer the amount paid for the Product as soon as possible and, in any case, within a maximum period of fourteen (14) days from the return, provided that the Product was received by Europeairguns under the conditions established in the previous point. In the event that the returned Products have any damage, the Customer must indemnify Europeairguns of the amount corresponding to such damages, deducting the amount that would be returned to the Customer.
Exceptions to the right of return.
In accordance with the exceptions to the Right of Return regulated in RDL 1/2007, the return of those products will not be accepted:
- Supply contracts to which original or other accessories have been installed.
- Contracts for the supply of goods made according to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be returned or may deteriorate or expire quickly.
- Contracts for the supply of goods whose price is subject to fluctuations in financial market ratios that the seller can not control.
9 TREATMENT OF PERSONAL DATA
Europeairguns isa company that is extremely concerned about the interests of its clients, and therefore we are concerned about the confidentiality of their data and their security. Our concern goes beyond compliance with current regulations. Therefore, we guarantee that all the data you provide will be treated with the utmost confidentiality and security to avoid any alteration or loss thereof, as well as any unauthorized access by third parties.
In accordance with the provisions of the “Ley Orgánica” 15/1999, of December 13, on the Protection of Personal Data (LOPD), we inform you that all personal data that you provide to us and that you provide throughout your commercial relationship with Europeairguns, by any means, will be included in a database whose Manager is Emerito Ramón Rodriguez Frias, SL, and will be treated with the utmost confidentiality, in order to manage their requests, their orders and their collection, and also to send you, by any means, automated or not (mail, SMS, MMS, fax, Internet, telephone) information and commercial offers of our products. We will also inform you of any automated registration for communications you have with us, in order to maintain the commercial relationship with you.
OTHER USES: We also inform you that, unless you indicate otherwise, in the future you may receive by email, postal mail, telephone or by any other means, information and commercial offers from other Spanish or European Union companies with which Europeairguns collaborates, related to the following sectors of activity: telecommunications, leisure, training, NGO, furniture and automotive. Likewise, your data may be communicated to the entities of the indicated sectors or to companies providing third-party services to select the recipients of the advertising of the products or services of the aforementioned entities. You may also receive commercial offers from other companies along with the packages that we receive or together with our shipments. You can revoke the consent for these communications at any time. However, in compliance with the legal requirements, a period of at least 30 days will be allowed to Europeairguns for compliance with any such request.
RULES REGARDING MINORS: Children under 14 years of age need the consent of their parents or guardians to make purchases, to call the Europeairguns telephone number +34 922820606 and to receive catalogs, unless they are completed by their parents or guardians.
OTHER INFORMATION: Europeairguns reserves the right not to authorize purchases of customers who have pending payments or who have abused in bad faith the the company’s offers, services and products.
10 TOTAL AGREEMENT
The present conditions of Sale constitute the total agreement between the referring parties.
In the event that one of the clauses of these conditions is null and void, this will not affect the rest of the conditions.
11 APPLICABLE LAW AND COMPETITION
These conditions shall be ruled by Spanish law. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this Contract, the parties submit to the Courts and Tribunals of the domicile of the consumer.
11.1 NOTICE AND LEGAL INFORMATION AND YOUR ACCEPTANCE
This legal notice and information (hereinafter, the "Legal Notice") regulates the use and service of the website www.europeairguns.com (hereinafter the "Website") that Europeairguns, belonging to Emerito Ramón Rodriguez Frías makes available to Your Customers or Users on the Internet.
Emerito Ramón Rodriguez Frias. With registered office in Santa Cruz de Tenerife, Service Road No. 22, Dársena Pesquera and with CIF 43.772.707-G, is the owner of the website www.europeairguns.com and makes it available to Internet users, in order to both provide information about the products and services of Emerito Ramón Rodriguez Frias.
The use of the Website by the Client or User implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice at the same time as the Client or User accesses the Website. Therefore, the Client or User must read in detail this Legal Notice on each of the occasions in which he / she intends to use the Website, bearing in mind that it may periodically be updated or modified.
In addition, all Clients will access and use the Website in accordance with the Special Service Conditions that may have been previously subscribed.
The use of the Website is subject in the same way to all warnings, regulations of use and instructions that Europeairguns makes known to the Client or User, who substitute, complete and / or modify this Legal Notice.
Through the Website, Europeairguns provides Customers / Users with access to and use of various services and contents, mainly public information made available to any Internet User who accesses the site www.europeairguns.com
11.3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE
11.3.1. Free and Restricted use of the Website
Access to Public Information is free for Users.
Access to Restricted Services that may be offered by Europeairguns in the future will be subject to the payment of a price in the manner determined in the corresponding Contracts previously subscribed.
11.3.2. Accuracy of Information
All the information provided by the Client or User through the Website must be truthful. For these purposes, the Client or User guarantees the authenticity of all the data communicated to Europeairguns. Likewise, it will be the responsibility of the Client or User to keep all the information provided to Europeairguns continuously updated in a way that ensures their submitted information is accurate at all times. In any case, the Customer or User will be solely responsible for false or inaccurate statements made and the possible damages caused to Europairguns or third parties by the information provided.
11.3.3. Obligation to make proper use of the Web
The Client / User agrees to use the Web and the Services in accordance with the law, with these General Conditions, as well as with generally accepted morals, good customs and public order.
The Client or User undertakes to abstain from:
- Use of the Website and Services for illicit purposes or effects, contrary to the provisions of these General Conditions, which are harmful to the rights and interests of Europeairguns or third parties, or which in any way may damage, disable, overburden or damage the Website and the Services or prevent the normal use or enjoyment of the Website and the Services by Users..
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents of the Web, unless you have the authorization of the owner of the corresponding rights or it is otherwise legally permitted..
- Delete, evade or manipulate the "copyright" and other identifying data of the rights of Europeairguns or its owners incorporated in the Web, as well as the technical protection devices, fingerprints or any information mechanisms that may contain the contents.
11.3.4. Means for obtaining Content
The Customer or User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and / or image files, photographs, software and, in general, any kind of material accessible through the Web, using means or procedures other than those that, according to the circumstances, have been made available for this purpose or have been indicated on the Web pages or, in general, those that are routinely used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Web.
11. 4 INTELLECTUAL AND INDUSTRIAL PROPERTY
Europeairguns owns the domain name and the site www.europeairguns.com
The site www.europeairguns.com in its entirety, including without any exclusion, its design, structure and distribution, texts and contents, logos, buttons, images, source code, as well as all industrial and intellectual property rights and any other sign distinctive, belong to Europeairguns, so its use, copying, reproduction, as well as its elimination, injury, alteration and / or modification, either partial or total, temporary or definitive thereof without the express written authorization of Europeairguns, without at any time being able to understand that there is any kind of license or authorization whatever its nature, total and / or partial, to any third party and / or user on the part of Europeairguns.
Europeairguns reserves the right to redesign and vary unilaterally, at any time and without prior notice, the presentation and configuration of the Website www.Europeairguns.com.
All industrial and intellectual property rights and any other distinctive sign, including without any exclusion, contents, documents, texts and opinions published on the Web, as well as images, design, graphics, drawings, buttons, logos and marks, of the different collaborators on the Web www.europeairguns.com, belong to its authors, so its use, copying, reproduction, as well as its elimination, injury, alteration and / or modification, either partial or definitive thereof without authorization is prohibited without express and
written consent by their authors.
11.5 WITHDRAWAL AND SUSPENSION OF ACCESS TO THE WEB AND SERVICES
In case of breach by the Client or User of any of the obligations set forth in these conditions, it authorizes Europairguns to prohibit or deny said Client or User access to the Website and the Services.
11.6 PERSONAL DATA PROTECTION
Europeairguns has adopted and arranged all the necessary technical and organizational measures that guarantee the security of personal data, and thus avoid its alteration, loss, treatment or unauthorized access. However, the User is aware that Europeairguns can not guarantee absolute security over them, as any security measure on the Internet is relatively fragile, so that Europeairguns is not responsible for any damage and / or damage and / or benefits not obtained by the user or any other third party that is harmed in that sense, derived from unlawful acts of third parties.
Europeairguns is committed to maintaining professional confidentiality regarding the data included in its files, an obligation that will remain even after the end of its relations with the client / user. This duty of secrecy affects all the personnel of Europeairguns that can access and / or process data of the Client /Users.
By using the Europairguns website you are authorizing us to store the trace left by your IP address in order to administer our systems, improve the effectiveness of the page and make global statistical studies, as well as to monitor security and to respond to judicial requirements if applicable.
You have the choice to accept or reject "cookies" by configuring your browser. You may be warned on the screen of the receipt of cookies to prevent installation on your hard drive, as well as delete cookies that have already been installed.
The management of cookies varies according to the browser used. We recommend users check the "options" or "tools" menu of your Web browser to configure the level of security and authorization of cookies.
In this case, it is possible that for technical reasons some of the website's functionality will be reduced or rendered inoperable.
For more information on behavioral advertising and tips on managing preferences, you can view the website created by IAB Spain (International Advertising Office - Spain) http://www.youronlinechoices.com/es/
11.9 LINKS TO OTHER WEBSITES
Links from this Site to third-party websites are provided exclusively as a utility to the user. In case of using such links, this Site will be abandoned. Europeairguns has not reviewed these third-party websites and does not control and is not responsible for them or their content or the processing of data that may be made on these websites. Consequently, Europeairguns is not responsible for such websites or any information, software or other products or materials included in them, or any results that may be obtained through its use. The Client / User will be solely responsible if he accesses any of the Websites of third parties linked to this Website. The Client / User, therefore, must exercise prudence in the evaluation and use of information.
11.10 EXCLUSION OF WARRANTIES AND LIABILITY
11.10.1. Exclusion of guarantees and responsibility for the operation of the Website
126.96.36.199. Availability, continuity and usefulness of the Web
Europeairguns does not guarantee the availability and continuity of the functioning of the Website. Europeairguns does not guarantee the usefulness of the Website for the realization of any activity in particular, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Website, access the different pages that form the Website or those from which the Services are provided.
Europeairguns excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to lack of availability or continuity of the operation of the website, to failure of the utility of the site that users have could attribute to the web and services, the fallibility of the website, and in particular, although not exclusively, to failures in accessing the different pages of the website from which the services are provided.
188.8.131.52. Privacy and security in the use of the Website
Despite having adopted the corresponding security measures, Europeairguns does not guarantee the privacy and security of the use of the Web and, in particular, does not guarantee that unauthorized third parties through illicit activities can not have knowledge of the class, conditions, characteristics and circumstances of the use that Clients / Users make of the Web.
Europeairguns excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that could be due to the knowledge that may have unauthorized third parties of the kind, conditions, characteristics and circumstances of the use that users make of the Web.
11.10.2. Exclusion of guarantees and responsibility for the contents of the Website
Despite having adopted appropriate security measures, Europeairguns cannot guarantee the absence of viruses or other elements in the Contents that may cause alterations in users computer system (software and hardware) or in the electronic documents and files stored in user computer systems.
Europeairguns excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents of the website that may cause alterations in the computer, electronic documents or user files.
11.10.3. Exclusion of guarantees and responsibility for the use of the Website and the Services by Users
Europeairguns does not guarantee that Users will use the Website and the Services in accordance with this Legal Notice and, where appropriate, with the Contracts and other documents that result from their application, or that they will do so in a diligent and prudent manner. Europeairguns does not guarantee the veracity, validity, completeness and / or authenticity of the data that Users provide about themselves to other Customers / Users.
Europeairguns excludes any liability for damages of any nature that could be due to the use of the website and services by customers / users or that may be due to a lack of veracity, validity, completeness and / or authenticity of the information that clients / users provide to other clients / users about themselves and, in particular, though not exclusively, for damages of any kind that may be due to the impersonation of a third party's personality by a client / user in any kind of communication made through the web.
11.11 CHANGE OF REGULATIONS
Europeairguns (www.europeairguns.com) reserves the right to modify this Notice in order to adapt it to legislative or jurisprudential developments as well as for corporate strategic reasons.