General
Toc:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – The price
Article 7 – Conformity and guarantee
Article 8 – Delivery and execution
Article 9 – Duration transactions: duration, cancellation and renewal
Article 10 – Payment
Article 11 – Complaints scheme
Article 12 – Disputes
Article 13 – Additional or derogationprovisions
These conditions mean:
1. “Consumer” means the natural person who does not act in the pursuit of occupation or undertaking and enters into a distance contract with the entrepreneur;
2. Day: calendar day;
3. Sustainable data medium: any means enabling the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unchanged reproduction of the stored information.
4. ‘Entrepreneur’ means the natural or legal person who offers products and/or remote services to consumers;
5. Distance Agreement means an agreement whereby, under a system organised by the operator for distance sales of products and/or services, one or more remote communication techniques are used until and until the contract is concluded;
6. Remote communication technique: means that can be used to conclude an agreement, without consumers and entrepreneurs having simultaneously met in the same space.
7. Terms and conditions: the current Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
JEPA S.L. | Best Alarm System
Address: Calle del Puerto Romano 5
03188 Torrevieja, Spain
Tel NL: +31683871516
Tel ES: +34633 425 713
Email address: info@best-alarm-system.eu
Tax number: B42678029
Article 3 – Applicability
1. These terms and conditions shall apply to any offer made by the entrepreneur and to any distance and distance contracts and orders between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is reasonably not possible, it will be indicated before the contract is concluded remotely that the general conditions can be seen with the entrepreneur and they will be sent free of charge at the consumer’s request.
3. Where the contract is concluded electronically remotely, by way of derogation from the previous paragraph and before the agreement is concluded remotely, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third members shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision which is most favourable to him.
5. If one or more provisions in these terms and conditions are partially or partially null and void or destroyed at any time, the agreement and those conditions shall be maintained for the rest and the relevant provision shall be replaced without delay by a provision which approximates the scope of the original as far as possible.
6. Situations not included in these terms and conditions should be assessed ‘in the spirit’ of these general conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made under conditions, this shall be explicitly indicated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer shall contain a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true-to-life representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
4. All images, specifications details in the offer are indicative and may not lead to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors match exactly the real colors of the products.
6. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns the
Particular:
• the price including taxes;
• any cost of shipping;
• the way in which the agreement will be established and what acts are necessary;
• the method of payment, delivery and implementation of the agreement;
• the time limit for acceptance of the offer or the time limit within which the entrepreneur guarantees the price;
• the level of the distance communication rate if the cost of using the remote communication technique is calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after its creation, and if so how it can be consulted for the consumer;
• the way in which the consumer can check and recover the information provided by him under the Agreement before the conclusion of the agreement;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has subjected himself and the way in which consumers can consult these codes of conduct by electronic means; And
• the minimum duration of the distance agreement in the event of an endurance transaction.
• Optional: available sizes, colours, type of materials.
Article 5 – The agreement
1. The Agreement shall, subject to paragraph 4, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately electronically confirm receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to commit special conditions to the execution.
5. The trader shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier, for euren:
A. the visiting address of the establishment of the entrepreneur where the consumer can contact complaints;
(b) information on warranties and existing post-purchase service;
(c) the information contained in Article 4(3 of these conditions, unless the trader has already provided such information to the consumer before the performance of the contract;
D. Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – The price
1. During the period of validity indicated in the offer, the prices of the products offered and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.
3. Price increases within 1 month of the conclusion of the agreement shall be permitted only if they are the result of legislation or provisions.
4. Price increases from 1 month after the conclusion of the contract shall be permitted only if the entrepreneur has negotiated it and:
A. resulting from legal arrangements or provisions; Or
b. the consumer has the power to terminate the agreement from the day on which the price increase starts.
5. The prices listed in the range of products or services shall include VAT.
6. All prices are subject to pressure – and sputting errors. No liability is accepted for the consequences of pressure – and typographical errors. In case of pressure – and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 7 – Conformity and Guarantee
1. The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or public regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer shall not affect the legal rights and claims which the consumer may assert against the entrepreneur under the contract.
3. Any defects or misdelivered products shall be notified in writing to the entrepreneur within 4 weeks of delivery to the entrepreneur. Return of the products must be made in the original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee shall not apply if:
• The consumer has repaired and/or processed the products delivered himself or had it repaired and/or edited by third parties;
• The products delivered have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the indications of the trader and/or have been treated on the packaging;
• The fault is entirely or in part the result of regulations imposed or adopted by the government with regard to the nature or quality of the materials applied.
Article 8 – Delivery and execution
1. The entrepreneur shall take the utmost care when receiving and executing orders of products and in assessing requests for service.
2. The place of delivery shall be the address which the consumer has made known to the holding.
3. Taking into account what is mentioned in paragraph 4 of this Article, the company shall carry out accepted orders with competent urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. Any time limits mentioned cannot derive the consumer from any rights. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this Article, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest in delivery, it will be clearly and understandably reported that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be ruled out. The costs of a possible return shipment are borne by the entrepreneur.
7. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and disclosed to the entrepreneur, unless expressly otherwise agreed.
Article 9 – Duration transactions: duration, cancellation and renewal
Termination
1. The consumer may terminate an indefinite contract and which extends to the regular delivery of products (including electricity) or services, at any time in accordance with agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period, taking into account the agreed termination rules and a notice period not exceeding one month.
3. The consumer may use the agreements referred to in the previous paragraphs:
• cancel at all times and not be limited to termination at a given time or during a certain period;
• at least cancel in the same way as they have been contracted by him;
• always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension
4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or renewed for a specified period.
4. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends regularly to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
5. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer is allowed to cancel at any time with a notice period of not more than one month and a notice period of not more than three months in case the contract extends to the regular, but less than once per month , delivery of daily, news and weekly magazines and magazines.
6. An agreement with limited duration to the regular delivery of daily, news and weekly magazines and magazines (proof or introductory subscription) shall not be tacitly continued and automatically ends after the end of the trial or introductory period.
Duration
7. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 10 – Payment
1. To the extent that no other agreement has been agreed, the amounts due by the consumer shall be paid within 7 working days.
2. The consumer has a duty to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
3. In the event of a consumer default, the trader shall, subject to legal restrictions, have the right to charge the reasonable costs incurred in advance to the consumer.
Article 11 – Complaints scheme
1. The entrepreneur shall have a sufficiently published complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints concerning the implementation of the agreement must be submitted in full and clearly to the entrepreneur within 7 days, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute which is open to the dispute settlement shall arise.
5. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur of her choice or the products delivered will be replaced or repaired free of charge.
Article 12 – Disputes
1. Agreements between the entrepreneur and the consumer to which these terms and conditions relate shall apply only Spanish law. Even if the consumer is resident abroad.
2. The Weens Purchase Convention shall not apply.
Article 13 – Additional or derogationprovisions
Additional or derogating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be accessible by the consumer. stored on a durable data carrier.