TERMS AND CONDITIONS OF SALE
In the pursuant of the article 10 of the Law 34/2002 of 11 July, in service of information societies and E-commerce, the identification data of the company are set below:
Corporate name: RAMABICEOS, SL
Registered office: Murcia avenue, 111, 1st, Los Ramos, CP 30589, Murcia.
Registered in the Murcia Mercantile Register, Volume 3123, Page 135, Sec. 8, Paper 88749, inscription 1st.
Telephone: (+34) 968879017
The present document contains the conditions governing the Network and the contract that link us both , you and me (from this point “Conditions”). That conditions establish the rights and obligations of all our users (from this point “you”) and the RAMABICEOS, SL team (from this point “we” or “seller”), related to the products we offer through this website
That conditions can be modified, so you have to read them before make any request.
I) Use of our website
The present conditions are the only one that can be applied to the use of this website, and they replace any other condition, except with prior express consent and written by the seller. This conditions are as important for me as they are for you, because they have been designed in order to create a legally binding agreement between us, protecting both your rights as a costumer and our rights as a company.
Making an order, you state that you have read and agree with the present Conditions.
I) You will only use the website to make consultations or purchases legally valid.
II) You can’t make a fake, speculative or fraudulent order. If we have strong evidences of a fake order, we’ll be authorized to cancel the order and to inform the relevant authorities.
III) You’ll have to facilitate to us a real e-mail, postal address, and any other contact details that we could use in case we need to contact you (read “Privacy declaration”)
IV) If you don’t facilitate to us all the information we need, we won’t attend your order.
V) When making an order through the website, you assure us that you are at least 18, and you can legally make a binding contact.
II) Service availability
The product we offer through our website will be only be available on the Iberian Peninsula and the Balearic Islands.
III) How to formalize the contract
To make an order, you’ll have to follow the process of online purchase and to click in “Confirm Order”. After that, you’ll receive an e-mail acknowledging receipt of your order and with a delivery note. Keep in mind that this doesn’t mean that your order has been accepted, because it’s a petition that you make to us to buy one or more products. All the orders are subjected to our acceptance, and we’ll contact you in case we don’t accept the offer so we can solve the problem.
We are not forced to provide you with any other product that could have been order and we don’t have in stock at that moment, due to a breakdown of stock, no longer in the catalog or sold out.
IV) Availability of products
All the orders of product are subjected to the availability of the product itself. In that respect, if difficulties occur in which means supplies, or if we are out of stock, we will facilitate to you information about substitutes in the same or higher quality that you could order. If you don’t want to order a substitute, we’ll refund the amount paid, without coming any further compensation for any of the parts for breach of contract, consequential damages or loss of profit.
V) Refuse in processing an order
We reserve the right to take a product out of the website at any time and/or to remove or to amend any material or its contents. Although, we’ll make everything in our hands to always process all the orders, in rare cases we’ll be forced to refuse the process of the order after we have sent the delivery note, and we reserve the right to do it at any time, in our sole discretion.
We won’t be liable to you or whatever third-party due to the take out of any product in our website, independently of if this product has been sold or not, removed, or modified any material or content of the website, or just because we refuse to process the order.
VI) The right to desist from the purchase
If you have a contract as a costumer, you we’ll be able to desist from the contract at any time within 14 working days since the date of reception of the products. In that case, we’ll refund the amount paid for that product as it’s set in our Refund Policy (read Clause XI).
Your right to desist from the contract we’ll be only applied to those product that are to be returned in the same conditions in which you received them. That also includes all the instructions, documents and the packaging. No amount paid we’ll be refund if the product has been used or damaged, so you should be careful with the products if you possess them.
Please, treat it with reasonable care the products if you possess them and keep, if it were possible, the original packaging in case of refund.
You’ll find more details about your right to withdraw, legally recognized, as well as the explanation about how to exercise it in the Clause XI of the present Conditions.
That provision doesn’t prejudice to any right afforded to costumers by the legislation in force
Without prejudice of the to the previous clause VI, unless unpredictable circumstances arise, we’ll try to deliver the order’s products, and within 24 or 72 hours since the date in which RAMABICEOS, SL has truly concern of the payment
The delay on the delivery may be due the following reasons:
I) Specific articles
II) Unpredictable circumstances
III) Hard-access delivering zone
IV) Breach of stock
V) Out-of-stock products
VI) Overflow due the high volume of orders
If for any reason we were unable to accomplish with the delivery date, we’ll inform you of this circumstance and we’ll offer you the option to keep going with the purchase according a new delivery date or to cancel the order by e-mail or a letter, and we’ll process to refund the amount paid. Keep in mind that we don’t deliver Saturdays or Sundays.
Taking the present service of delivery, you are authorizing the personal in charge of the delivery to enter in your house. We please to take away everything that could be damaged at the moment of the delivery. Except in case it’s because our negligence, we won’t take responsibilities for everything that hasn’t been take away if it was on your hand to take safer measures to eradicate risk, or at least, minimized it.
For the purpose of the present Conditions, The product we’ll be considered “delivered” by the time you sign the reception of the products at the delivery address.
RAMABICEOS, SL will issue physical invoices, which will send by e-mail or by post in the address designed by the costumer.
RAMABICEOS, SL warn that after that, you won’t be able to amend the bill of sales, according to the current legislation. (Royal Decree 1496/2003 of invoicing rules, amend by the Royal Decree 87/2005)
The costumer must verify that the merchandise received is in line with the products ordered. If not, you must contact RAMABICEOS, SL such inconvenience within less than 24 hours since the reception of the order.
VIII) Transmission of the risk and ownership
The risks of the products land in your responsibilities once the order is delivered.
You’ll acquire the ownership of the products once we received the complete paid of all the related actions (the produt itself, including shipping charges), or in the moment of the delivery (following the definition contained in the clause VII), if it happens in a posterior moment.
IX) Price and payment
We try to ensure that all the prices are include in the website are correct, mistakes can occur. If we were to discover an error in the price of the products you have ordered, we’ll inform you as soon as possible, and we’ll offer you the option to reconfirm the order with the right price or to cancel it. If aren’t able to contact you, the order will be considered as “canceled” y we’ll refund the whole amount paid.
The prices on the website doesn’t include VAT. The prices may change at any time, but (except in the previous situation) the possible changes won’t affect the order already paid.
Once the purchase ended, all the articles that you wish to buy will be added to your shopping basket, and the next step will be to process the order and effect payment. To do it:
-Click on the button “See the shopping basket” on the top right part of the website.
-Click on the button “Confirm”
-Fill or check the contact information, the data of your order, the address you want the order to be delivered and the address where the invocation must be send
-Select the payment method that suits you the best.
-Click right into “Confirm order”
-You can pay by credit card (Visa, Mastercard, American Express), via Paypal and through telebanking to the bank account published on the website. To minimize the risk of unauthorized access, your credit card details will be coded. You’ll have to authorize the payment at the right moment you place the order and once the payment is confirmed, we’ll process the order.
-Clicking in “Confirm order” you are confirming that you own the credit card, and that you are the owner of the bank account where you are making the payment, and you are authorized to use it.
-The credit cards are subjected to checking and authorization by the part of the entity issuer. But if such entity doesn’t authorize the payment, we won’t be responsible for any delay or non-delivery and we won’t be able to formalize a contract with you.
- In any payment method, you’ll have to provide us the delivery note number related to that payment.
X) Value-added tax
According to current legislation, every purchase through the website will be subjected to the Value-Added Tax (VAT)
In this regard and, according to the Chapter I of the Title V of the 2006/112 Directive, 28 November of 2006, related to the common system of VAT, the deliveries shall be understood located in the member State consisting in the address of delivery, being the VAT applied the legally in force of each member State of the delivery place of the articles consigned to each order.
XI) Refund Policy
Refunds in the process of desisting from the purchase
General Policy: if you wish to desist from the contract within the time accorded in the previous clause VI, you can contact us through our contact form in the website. Please, return the products as soon as possible. You’ll be responsible for the cost of the returns. Please, keep in mind that if you decide to refund the articles of freight collect, we’ll authorized to charge you the possible costs.
If you have any doubt, you shall contact us through our contact form.
We’ll contact you to accord the return of the products. You’ll be responsible for any additional cost.
Please, return the article including the original packaging in addition of the documentation and packaging that may accompanied the product. If the products aren’t return with the original packaging and/or they aren’t in perfect conditions, the good will suffer a depreciation. The original packaging must be protected in such a way, that it came to us in perfect conditions. The use of seals and duct tape is forbidden.
The refund of the amount paid will be carried out as soon as possible and, in any case, within 14 calendar days since the date we received the products. You must facilitate us the bank account number so we can process to do the refund of the amount paid. You’ll assume the costs and the risks of the returning of the products, as it has been said before.
There won’t be a change or refund to those products which hasn’t been returned in the same conditions you received them, or no further than the simple check of the good condition and the functioning of the product.
Refund of flawed products.
In the cases that you consider that the doesn’t not adjust to the stipulated in the contract at the moment of the delivery, you shall include in the delivery note of the transporter, and to inform this events to RAMABICEOS, SL within 24-48 hours by e.mail (email@example.com), or through the contact form with the following information:
The reference of the article that you’ll find in the delivery note or in the invoice, damages or deficiencies found, the number of the bill, the date of the purchase, name and surnames, the delivery address and a contact telephone.
In any case, the costumer, will have to check that the merchandise has been delivered in perfecto conditions. If you detect any anomalies in the delivery, you’ll have to record in the delivery note of the transporter those anomalies.
You’ll have to return us the product to the indicated address that you’ll receive by e-email, once you have contacted us to notified the refund of the flawed product. Under no circumstances we’ll accept the return of products by freight collect, unless when it comes to an explicit authorization of our customer service department.
We’ll process to carefully examine the returned product, and we’ll communicate via e-mail within a reasonable time whether or not the refund or substitution (in that case) has been process. The refund or substitution will proceed as soon as possible and, in any case, within the following 30 days since the date we send you an e-mail confirming that we’ll process the refund or substitution of the article.
The amount paid for those products that were refund due to any tara or defect, when it truly exists, will be entirely paid back, including the delivery costs, and the cost you’ll have to paid to return us the products. The refund we’ll be applied by bank transfer to the bank account provided, or through the same channel or method that the costumer used during the order.
In reservation of the rights recognized by the current legislation.
XII) Discounts and possible presents
The possible discounts or promotional presents will be freely directed by RAMABICEOS, SL, to the designed collectives in any time by RAMABICEOS, SL, or in terms of the offered product, according to the existing publicity in the website.
XIII) Responsibility and exemption from liability
Our responsibility related to any product purchased on our website will be strictly limited to the purchase price of that product. Anything in the present Purchase Conditions exclude or is limited in any way to our responsibility:
In case of death or personal injuries due to our negligence; in case of fraud or misrepresentation; or in any case in which it was illegal that we exclude, limit or we try to exclude or limit our responsibility.
Without prejudice of the previous provisions and as long as the law let us, unless in the present Conditions we arrange the opposite, we won’t accept any responsibility due to indirect damages as a side effect of the mayor loses or damages, in any situation, when it happens caused by unlawful civil actions (negligence included), breach of contract o other, even when it could have been predicted, included without limited characteristics of the following. Loss of incoming or sales; loss of business; loss of profits or contracts; loss of expected savings; loss of data; and loss of time or office hours.
Due to the open nature of this website and the possibility errors in storage and digital transmission of data, we don’t guarantee the precision and security of the information transmitted or obtained through this website unless it stipulates the opposite in the website.
All the products’ definitions, information and merchandising in this website are provided as they appear in the website, and without expressed or implicit guarantees, or any way derived.
As far as possible with the current legislation, we exclude all the guarantees leaving in a safe place those guarantees that can’t be legally exclude to the costumers.
The previsions in the present clause will not affect your recognized by law rights as costumer, or your right to desist from the contract
RAMABICEOS, SL won’t response for the interruptions that may occur during the electric services or telecommunication process, that prevent the users to use the offered services.
XIV) RAMABICEOS, SL’s rights
I) To keep, change or shut down without notice.
II) To amend the offers’ price
III) To refuse orders due to stock outs or defaults by the costumer
IV) To reject to the costumers the access to the software tools in case of breach of the present Conditions
V) To perceive the amount paid for the purchase by the client once the transaction is accepted.
VI) To keep the ownership of the article until the costumer fully paid it.
VII) To keep the right to make good or service giveaways in our website.
XV) Intellectual property
You recognize and consent that every copyright, registered brand and any other intellectual property over the merchandising and products we provide through the website will always correspond to us or those whose who give us a license for its use. You could only use such material in the way we authorized or those who give us a license for its use. That won’t prevent you to use this website in the necessary way to copy the information about your order or contact data.
XVI) Written submissions
The applicable legislation requires that part of the information or communication we send you were by written submissions. Using this website, you are accepting that the mayor part of the communications between you and were electronic. We’ll contact you by e-mail or we’ll provide information posting warnings in our website. For contractual purposes, you are concern in using this electronic platform of communication and the you recognize that all the contract, notification, information and any other communication that we send you via e-mail meet the legal requirements of being written submissions. That condition won’t affect your recognized by law rights.
The notifications you send us should be preferably made through our contact form. In accordance with the provisions in the clause XIX and unless it stipules the opposite, we’ll be able to send you communications via e-mail or to the postal address provided in the moment of the order.
The notifications we’ll be considered received and correctly done in the moment they were post on our website, within 24 hours since the e-mail has been sent, or 3 days after since the date of postage of any letter. To check that the notification has been correctly done, it will be enough proving, in case of a letter, that it had the correct address, that it was correctly sealed and given to post office or mailbox and, in the case of an e-mail, that it was sent to the right email address provided by the receiver.
XVIII) Transfer of rights and obligations
The Contract between you and us is binding for both you and me, and so to our respective successors, transferees and beneficiaries.
You won’t be able to transfer, give, tax, outsource or by any possible wat to transfer a contract or any of the rights and obligations derived from it in your own favor or for you, without our written consent.
We can transfer, give, tax, outsource or by any possible way transfer a contract or any of the right and obligations derived from it to our own favor or us, in any time during the duration of the contract. To avoid any doubt, such transfer, give, tax or any other transfer won’t affect the your recognized by law rights as costumers or will cancel, reduce, or limit in any other way the expressed and tacit guarantees that we could have provided you.
XIX) Events beyond our control
We won’t be responsible for any breach or delay in the compliance of any of our obligations that we assume under contract, whose cause belong to events beyond our reasonable control (“Reasons of Force Majeure”)
The Reasons of Force Majeure will include any action, event, omission or accident which is beyond our reasonable control, and it will also include in special (without limit) the followings:
-Strikes, lock-outs or any other industrial action.
-civil commotion, revolt, invasion, terrorist attack or terrorist threaten, war (declared or not) or threaten or preparations of war.
-Fire, explosion, storm, flood, earthquake, collapse, sinking, plague or any other natural disaster.
-Impossibility of use of trains, ships, planes, motor transports or any other method of transport, public or private.
-Impossibility of use of public or private telecommunications.
-Acts, decrees, legislation or restrictions of other governments.
-Strike, failure or accident in the sea or fluvial transport, post or any other method of transport.
It will be understood that our obligation of compliance under any Contract is suspended during the period which the Reason of Force Majeure still stay, and we’ll have an enlargement of the deadline to complete our obligations if the Reason of Force Majeure last. We’ll use all the reasonable methods to end the Reason of Force Majeure, or to find a solution through we can complete our obligations under contract despite of the Reason of Force Majeure.
If during the effect of a contract, we were to stop complying with our assumed obligations or any of the present Conditions, or if we were to stop exercise any of the rights or resources we were empowered to exercise or bring under Contract or that Conditions, that won’t be a resignation of such rights or resources, and won’t exonerate you of meeting that obligations.
The resigns that we demand to meet won’t be a resign by our part to demand the following compliances.
No resign by our part to any of the present Conditions will be effected, unless it strictly stipulates that it’s a resign and it came to your concern by written submission according to the previous paragraph “Notifications”
If any of the present Condition or any provision under Contract were to be considered invalid, illegal or unenforceable in any way by the competent authority, they will be separated from the remaining conditions and provision that will stay valid if the legislation say so.
XXII) Entire agreement.
The present Conditions and every document related constitute the fully agreement existing between you and us related with the object of the Contract and substitute any other previous pact, agreement, or promise agreed between you and us orally or in writing.
You and we recognize to have accepted the present Contract without trusting in any declaration or promise done by the other part or that could be interfered any declaration or submission in the negotiations filed before the Contract, unless it’s expressed on the present Conditions.
Neither you or we will have resources upon any uncertain declaration made by the other part, orally or in written, before the date of the Contract (unless that uncertain declaration would be made fraudulently) and the only resource that will dispose the other part will be for breach of Contract following the present Conditions.
XXIII) Our right to amend this Conditions
We have the right to revise and amend the present Conditions in any time. You will subjected to the policies and current Conditions in the moment of processing the order, unless by law or government decision we’ll have to make changes on those policies, in which cases, the possible changes will also affect the order you would have previously done.
XIV) The applicable legislation and jurisdiction
The purchase contracts through our website will be governed by the Spanish legislation. Any controversy that may occur is submitted to the jurisdiction not exclusive of the Spanish trials.
If you are contracting as a costumer, nothing in the present clause will affect your rights according to the current legislation.