The purpose of this document is to establish the conditions of use and sale of the company Sismo Soluciones, SL
Trade relations between Sismo Soluciones and its users-customers are especially subject to the following terms and conditions, accepted at the moment of application for the opening of an account and/or confirming by placing an order, be it via web and/or by email and/or fax.
2 ACCEPTANCE AND AVAILABILITY OF THE GENERAL TERMS AND CONDITIONS
By accepting this contract, you declare:
- · You are a person of legal age with capacity to contract.
- · That you have read and agree to these terms and conditions.
These general conditions, hereinafter "General Conditions", regulate the legal relationship that emanates from the recruitment processes conducted among users-customers, hereinafter "Customers", Web page located at URL www.sismo -soluciones.com owned by Sismo Soluciones SL, established in C / Managua, 13 Jerez de la Frontera (Spain), and provided with CIF B18599928, hereinafter "Sismo Soluciones". The customers, either via web and/or email and/or fax, implicitly accept the general conditions from the moment they contract the services or they acquire a product. This document can be printed and stored by customers. Sismo Soluciones offers the e-mail firstname.lastname@example.org so they can raise any questions about the General Conditions.
3 Applicable Standards
These General Conditions are subject to the provisions of the Law 7/1998 of 13 April, on the General Conditions of Contract, Law 3/2014, of 27 March, amending the Consolidated text of the General Law for the Protection of Consumers and Users, Organic Law 15/1999 of December 13, on the Protection of Personal Data and its development regulation contained in the Royal Decree 1720/2007, of 21 December, approving the Regulation for the development of the Protection of Personal Data Law 15/1999, of 13 December, Law 7/1996 of 15 January Retail Trade, the Law 34/2002 of July 11, Services Information Society and Electronic Commerce, Royal Decree 110/2015, of 20 February on Waste Electrical and Electronic Equipment. ISO 13406-2 on plasma screens as well as any other rules or standards replacing the above or which are applicable in Spain.
4 MODIFICATION OF GENERAL CONDITIONS
Sismo Soluciones may modify at any time the General Conditions, in order to improve services and products offered through www.sismo-soluciones.com. By modifying the General Conditions on the website www.sismo-soluciones.com, it shall be understood that the duty of notification has been accomplished. Customers are therefore recommended to regularly consult the General Conditions.
In any case, before using the services or contracting products, the General Conditions will be available for reference.
5 DESCRIPTION OF THE PRODUCTS OR SERVICES
Sismo Soluciones products that are marketed and sold through our website and/or other means, have the right to be returned within seven (working) days following the receipt of the order. Product returns will only be accepted if they present their original condition, packaging, documentation, etc. and in if they are in perfect condition.
The product range which Soluciones Sismo offers has indefinite validity and can be modified, rectified or cancelled without prior notice to regular or occasional users and consumers.
Sismo Soluciones makes every effort within its means to provide information on the website accurately and without typographic errors. If at any time an error like this were to ocurr, in spite of Sismo Soluciones' best intentions, we would proceed to correct it immediately. If a typographical error were to occurr on one of the displayed prices and a customer had made a purchase based on that error, Sismo Soluciones will inform the customer of the error and the customer will be entitled to cancel the purchase without any cost on their part.
Liability of Sismo Soluciones for the products supplied is limited to the amount one paid for them, the user or consumer waivers any responsibility Sismo Soluciones may have for any reason whatsoever, including dissatisfaction with the products purchased from Sismo Soluciones and possible failures, slow access or errors in accessing the website, loss of data, or any other information that may exist on the computer or network of a user who has accessed Sismo Soluciones.
6 DESCRIPTION OF THE CONTENTS AND INTELLECTUAL PROPERTY
The contents provided by Sismo Soluciones are subject to intellectual and industrial property rights and are exclusively owned by Sismo Soluciones or by the natural or legal persons in question. By acquiring a product or service, Sismo Soluciones does not grant the purchaser any right of alteration, exploitation, reproduction, distribution or public communication about it.
The transfer of these rights requires the prior written consent of the owner. The customer is not authorised to make the aforementioned contents available to third parties.
The intellectual property encompasses all graphics, logotypes, design features, images, source code used for programming and including all the content located on www.sismo-soluciones.com.
7 USE OF SERVICE AND RESPONSIBILITIES
Sismo Soluciones does not guarantee the permanent availability of services, being exonerated from any responsibility for possible damages due to the unavailability of service due to force majeure or network errors which prevent data transfer and are outside of their control.
Sismo Soluciones does not take responsibility for the content displayed on links to other websites which are not their property and which are, therefore, not under their control. The client declares that he or she understands that the information provided through Sismo Soluciones services, is not of a legal nature and is solely offered for informative purposes.
8.1 PRIVACY AND PROTECTION OF PERSONAL DATA
Sismo Soluciones ensures full compliance with the Protection of Personal Data regulations, according to Law 15/1999 on the Protection of personal Data and the development regulations approved by R.D. 1720/2007.
Some of the web services may contain specific conditions with provisions on the protection of personal data.
Personal data collected will be automatically processed and incorporated into the relevant files. The purpose of this treatment of data is to uphold the contractual relationship with Sismo Soluciones, and furthermore for management, administration, provision, expansion and improvement of services which the user decides to register for. While also permitting electronic transfer of technical, operational and commercial information about the products and services offered by Sismo Soluciones
The user guarantees that the personal data provided to Sismo Soluciones is truthful and is responsible for communicating any changes to them.
Users have recognized rights and may exercise rights of access, cancellation, rectification and opposition and may also be informed of any cessions made by contacting Sismo Soluciones, in writing, and attaching a copy of the Identity Card or Passport to the email address email@example.com
Overall cookies are files of information stored on the hard drive of your computer by your browser, which may contain information used for the identification of users or their computer’s browsing habits.
· Analysis cookies: These are the ones that either used by us or by third parties allow us to quantify the number of user in order to measure and carry out statistical analysis of the use the users make of the service provided. For this, your browsing on our website will be analysed in order to improve the products or services we offer you.
· Technical cookies: These are the ones that allow users to browse through a web page and use the various options and services on it such as, for example, remembering the items of an order or converting the buying process into an order.
· Personalizing cookies: These are the ones that allow users to specify or personalize some features of the general web page options. For example, define the language, screen background, sections marked as favourites, the type of browser through which you access the service, etc.
· Advertising cookies: These are the ones that either used by us or by third parties enable more efficient management of the advertising spaces in the website where the requested service is provided, based on criteria such as the published content or the frequency with which adverts are shown.
· Behavioural advertising cookies: These cookies store information about user behaviour obtained via continuous observation of browsing habits, making it possible to develop a specific profile for showing advertising based on this.
Third party cookies: www.sismo-soluciones.com may use third party services to collect data for statistical purposes of the site use for the user and for the performance of other services relating to the Website activity and other Internet services.
Particularly, this website uses Google Analytics, a web analytics service provided by Google, Inc. located at the USA, headquartered in 1600 Amphitheatre Parkway, Mountain View, California 94043. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
At any time, you can allow, block or delete the cookies stored on your computer by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of www.sismo-soluciones.com
You can allow, block or delete the cookies stored on your computer by the selection of the settings on your installed browser:
All notifications, requests, demands and other communications to be made by the parties in relation to these Terms and Conditions shall be in writing and shall be deemed to have been duly made when they have been delivered by hand, or sent by ordinary mail to the address of the other party, or to any other address each party may have designated, or if they have been sent via e-mail of the other party.
10 Nullity and ineffectiveness CLAUSES
If any clause in these General Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffective, subsisting the General Conditions in everything else, rendering said clause, or a portion of it, as though it had not been written.
11 PRICES AND PAYMENT
Sismo Soluciones makes every effort within its means to provide accurate, truthful information on its website without typographical errors. In the case that at some point an error of this kind occurred, despite Sismo Soluciones' will, it would be corrected immediately. If a typographical error were to occur on one of the displayed prices and a customer had made a purchase based on that error, Sismo Soluciones would inform the customer of the error and the customer would be entitled to cancel the purchase without any cost on their part.
Prices, features and availability of the products marketed by Sismo Soluciones vary, for this reason the customer will be contacted and informed before Sismo Soluciones accepts any order.
The product price is the one in force at the time the order is placed by Sismo Soluciones. If a customer places an order with an erroneous price, Sismo Soluciones will inform them of the correct price, and if the client agrees to make the purchase, the price which applies will be the corrected one offered by Sismo Soluciones.
All product orders must be accepted by Sismo Soluciones. Sismo Soluciones will not send any product until its administration department has verified that payment has been made.
In the event of an outstanding balance by the Customer, in whole or in part, on the agreed due date for one or more consignments of products, Sismo Soluciones may suspend or cancel any shipment or pending contract without incurring liability for any damages or losses, including foregone income, or damages for delay or loss of production caused to the Customer. The former faculty of Sismo Soluciones under no circumstances relieves the Customer of their contractual obligations regarding payments due and to the receipt of the products.
In case of a delay in the receipt or withdrawal of the goods by the Customer, Sismo Soluciones shall be entitled to store the goods at the expense and risk of the Customer, in their premises or those of a third party and the customer will be obliged to pay the costs incurred by Sismo Soluciones.
The prices shown on our website do not include VAT, shipping or occasional cash on delivery fee refunds. The price with VAT including any additional costs will always be shown in the last step of the process. The prices listed on the website are for private or non-commercial use only, a canon will be included if the product is required for professional/commercial use. Components and materials of the professional line are the same of the personal line, however commercial option includes a more comprehensive technical support and top priority will be assigned for solving any problem.
Prices do not include any costs and fees of customs arrangements, should they be required, nor taxes on arrival.
Methods of payment:
· Credit card: We provide a payment gateway for virtual POS owned by "La Caixa" which guarantees maximum security of the data entered. Under no circumstances will Sismo Soluciones be held responsible for any mistake which may occur during a POS. This method of payment is immediate, the moment you effect the payment, it will be received and we will proceed to process your order (after verification that the data is correct and that the payment has been made)
· Bank transfer: (To initiate the order as soon as possible it is advisable that the concept of the transfer contain the order number, Sismo Soluciones will not be held responsible for any delays caused for this reason)
IBAN: ES90 0073 0100 5604 71860673
· PAYPAL: PayPal is the global leader in online payments and is basically a secure payment system in which the user opens an account on the system that then allows you to make payments in many online stores around the world, using its credit card or debit card. Only PayPal will have your bank account information acting as an intermediary between you and Sismo Soluciones. This payment is immediate, once you make the payment we will proceed to process your order (after verification that the data is correct). To register or for more information visit www.paypal.es, PayPal site for Spain or PayPal www.paypal.com main site (in English). These links are external and link to pages with their own conditions of use and / or privacies. Payment by this method may have an extra fee which in any case will be notified to the customer before the payment is made.
12 RULES OF WARRANTY. LIMITATION OF LIABILITY
The seller is liable for failures that become apparent within two (2) year from the delivery of the goods. Nevertheless:
If it becomes apparent within six (6) months after delivery of the product, it is assumed that the fault existed when it was delivered. It is the duty of Sismo Soluciones to examine the product in order to verify if the defect existed.
From the sixth month, the consumer must prove that the fault existed at the time of delivery of the goods.
Customers and users must inform the seller of the faults within a period of two (2) months from the date on which they detected the lack of conformity. If the users and customers perform the notification after the two first months, they don’t lose the right of warranty but they will bear the costs incurred and the losses and damages caused to Sismo for the mentioned delay.
Defects caused by negligence, beatings, use or misuse, unsuitable voltage, improper installation not performed by authorized service when appropriate, or materials presenting normal wear will not be covered by the guarantee.
In the case of computer items, the guarantee does not cover virus removal, restoring software for this purpose or the reinstallation of the disk after deleting all data.
When using the guarantee is justified, Sismo Soluciones will evaluate whether to repair, substitute, offer a discount or reimburse, following legally established terms.
The guarantee will lose its value:
- · If you modify, alter or replace some of the data contained on the guarantee or on the proof of purchase.
- · If the identification number or the product itself has been modified without the knowledge of Technical Services.
- · If you do not hold a proof of purchase.
- · If any manipulation not made by Sismo Soluciones is detected.
- · If a different use is given to the equipment than that for which it is contracted, it could mean the loss of the guarantee of the product and/or technical support.
Customer will use the goods in accordance with the operation manual and manufacturer's instructions. Soluciones Sismo not be liable for any damages to the Customer or any third parties arising from neglecting to follow the instructions in the operations manual or the merchandise Safety Standards. Sismo Soluciones will not be held responsible for incorrect installations or configuration or a computer malfunction caused by a component which wasn't provided by www.sismo-soluciones.com / Sismo Soluciones
The guarantee will become invalid in any of the following circumstances: Dents and/or inadequate transport, faulty installations and/or installation errors, installation and/or connection of non-compatible peripheral devices, inadequate voltage power supply, handling by personnel other than the technical service of Sismo Soluciones or the manufacturer, or the handling of any identification/control band or label, fault or negligence of the client or a third party, or normal wear or tear, damage due to forces majeure like storms, floods, lightning, earthquakes, fires, etc. whether or not they affect the power supply; or incidents due to software issues or viruses.
To carry out repairs Sismo Soluciones may decide to repair components or the entire unit as they see fit. The cause of the breakdown, and whether or not it will be covered by the guarantee, shall be interpreted by Sismo Soluciones. All repairs must be authorized by Sismo Soluciones. The transportation costs of sending defective products and the risk will be borne by the customer. The product will be returned, once repaired: if the guarantee is invalid or if it must be sent outside the Spanish peninsula, shipping will be with freight collect.
The delivery by the customer must be in the same packaging in which they received it. Sismo Soluciones shall not be responsible for the state and receipt of the shipment by the customer. If just a part of the order is going to be sent to Sismo Soluciones (a module which is part of an order, a specific part of a module, etc.), the customer must take appropriate measures to ensure the correct product packaging and its shipment in perfect conditions and in any case the customer must wait for Sismo confirmation before manipulating the product prior shipment. Failure to do so may result in the invalidation of the warranty.
In case of lack of conformity with the product specifications compared to those indicated by the manufacturer or claims for defects or obvious defects in the materials or workmanship, quality, quantity or other, the customer shall notify Sismo Soluciones in writing, to keep records of receipts.
Sismo Soluciones may require the submission of a copy of the invoice and a detailed description of the defects. If the manufacturer has a service for your product, the customer may write to it directly.
The Customer is obliged to perform, at their own risk, a copy of all data before delivering the product to Sismo Soluciones for repair or testing. The responsibility of Sismo Soluciones, no matter the concept, may not exceed, in any case, the total value of the defective goods supplied. Sismo Soluciones will not, in any case, outside the provisions of this clause, be responsible for any damages, especially for loss of profit or damages for expected results, production delay or loss of production. Furthermore, any liability for loss or damage to the information or data records is expressly excluded. In any case the Customer shall be obliged to make timely backups that will allow them to reconstruct lost or corrupted data.
The compensation provided in this clause shall exclude any other compensation under defects or lack of quality or quantity.
The products marketed by Sismo Soluciones are guaranteed by manufacturers, or by Sismo Soluciones, so the warranty will apply and be subject to the conditions of the manufacturer.
13 CHANGES, CANCELLATIONS AND RETURNs
13.1 PRODUCT CHANGES:
Sismo Soluciones cannot substitute a product or product model without consulting the customer.
If for any reason unrelated to both parties, the client was unable to acquire the requested product, they would have the right to cancel their order, in this case Sismo Soluciones, would present a voucher to be redeemed for any product the Customer wanted, measured from the date on which the payment was cancelled, it may be used in one or more purchases, discounting the amount paid from the voucher. Or, if the client requests it, the full amount will be paid by PayPal, credit card or bank transfer to an account designated to us.
13.2 CANCELLATION OF ORDER:
If the buyer makes the decision to cancel the order, Sismo Soluciones would transfer the amount into a voucher for the same amount, to be used on any product the client desires, starting from the date of cancelation. Or, if the client requests it, the full sum will be paid by bank transfer to the account which is given to us.
If the reason for the cancellation is outside Sismo Soluciones control, the amount to be paid would be deducted through commissions (if any) by the payment method selected by the customer.
If you annull an order once it has already been confirmed and sent, the client will be responsible for shipping costs and any other costs which have been incurred.
Any order annulled after 15 days since the first payment will incur cancellation costs of 10% of the total order amount, due to expenses and Production and Management.
If the customer annuls confirmed orders concerning products specifically acquired by Sismo Customer Soluciones for the client, Sismo Soluciones may require the payment of a minimum compensation of 50% of the purchase/sale price as compensation for damages, on top of all the costs of transportation and storage.
13.3 Returning products
In accordance with article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated Draft of the General Law for the Protection of Consumers and Users and other complementary laws, the customer has the right to cancel the contract and proceed with the returning of the goods in perfect conditions in the first fourteen (14) natural days from the reception of the goods.
In that case, Sismo Soluciones, will exchange the amount paid for a voucher for the same amount, which can be redeemed within one month from the date of receipt of the voucher, for any other product of equal, higher or lower value. Or, if the client requests it, the full sum will be paid by bank transfer to the account which is given to us.
The amount to be paid would be deducted through commissions (if any) by the payment method selected by the customer, including any discounts that are cancelled when returning the product or products.
Returns of goods will not be admitted after fourteen (14) natural days, counting from the receipt of the Product, for payment; it being understood that the payment will involve a point in favour of the Customer to offset by future purchases.
The costs of returning the product will always be the customer’s responsibility.
The buyer must pay the direct costs of returning the product and offer compensation for any imperfections the product presents.
The return of products will be made by sending the product, with its original packaging and all accessories, to the management and care of the person specified below:
Step 1: Request for RMA
You must send an email to firstname.lastname@example.org to assign you a return number.
Step 2: Return Number Assignment
Our returns management department will assign a RMA number and will indicate the procedure for sending. The RMA number will be sent to your email.
Step 3: Identify the package
You should send the package with the RMA visible, as well as any documentation requested, and as indicated by the returns management department at:
Sismo Soluciones SL, C/Batalla de Cardela, esquina C/Roma. 11405 Jerez de la Frontera (Cádiz), Spain
Step 4: Verification of the State of the Products
Our returns management department will verify that everything is proper and in perfect condition and if it is, they will authorize the administration department and shall inform the customer via email.
Product returns will not be accepted without attaching the invoice or receipt.
In any case, the return of the following products shall not be allowed:
- · Products that are not in perfect condition within its original packaging and with all its original accessories; or products that display deterioration, damage, show signs of having been tampered with or altered, or that have been used improperly or negligently by the customer.
- · Computer software which were unsealed by the buyer as well as computer files that have been supplied electronically.
- · Consumables, software, movies, video games, and other similar products under seal, which can be reproduced or copied, if they have been opened or unsealed by the customer.
- · Products that have been configured according to customer specifications, ordered on request or customized according to the information provided by the customer in accordance with paragraph c) Article 103 or the aforementioned Law.
- · Products which were unsealed by the customer without the express written confirmation of Sismo Soluciones
If the customer cancels a confirmed order when it has already left the premises of Sismo Soluciones to the destination, or does not accept the package on arrival, Sismo Soluciones may demand payment for transportation costs incurred.
If the customer cancels or does not accept confirmed orders concerning products specifically acquired by Sismo Customer Soluciones for the client, Sismo Soluciones may require the payment of a minimum compensation of 50% of the purchase/sale price as compensation for damages, on top of all the costs of transportation and storage.
13.4 DEFECTIVE PRODUCTS:
In this case Sismo Soluciones, will act according to manufacturers' warranties and RMA quoted in the 12th and 13th and taking into account Law 3/2014, of 27 March, amending the Consolidated text of the General Law for the Protection of Consumers and Users as well as on the ISO 13406-2 of plasma screens.
13.5 MISUSE OF THE PRODUCT:
Sismo Soluciones, under no circumstances will be held responsible in the following cases:
- · If the/products have received, once delivered to the customer, any deterioration caused by external events, accidents, not following instructions accordingly or changing the voltage supply.
- · If the/products supplied by Sismo Soluciones, are damaged as a result of an incorrect configuration or installation by the client of the software, hardware or peripherals.
- · If the/products supplied by Sismo Soluciones, are damaged by a component not supplied by Sismo Soluciones.
- · Any misuse of the product which is indicated on the particular guarantees stipulated by the manufacturer.
- · Returns on sales of products that can be reproduced or copied immediately will not be accepted.
Sismo Soluciones will offer several transportation or shipping options. The client-user will decide on the shipping option, either in the last step of the purchase via the web, or alternatively through communication via email. Always through transport agencies.
The cost of transport will appear included in the customer's bill.
Shipments are EXW Jerez de la Frontera (Spain) (Ex Works) according to INCOTERMS 2010.
All shipments operate under a basic insurance (CMR). Optionally, you can add a fully comprehensive insurance. For more information contact email@example.com
Upon receipt of the package, you have a maximum of 24 hours to check the conditions of the components purchased in your order and verify if everything has been included. Your delivery shall be deemed accepted after 24 hour from the reception of your order, not accepting claims due to damages suffered: beatings, tears or dents in the product, if you have not notified it in that 24 hours period.
In case any damage is detected, either on the packaging or its content, it must be indicated at the time of the signing of the receipt of the package, including a claim.
If you have not been able of inspecting the goods in presence of the carrier, you must indicate “REVISION PENDING” in the document that has to be signed at the reception of the parcel. Further instructions will be given when your order is shipped.
In case you receive a damaged good or if you find damages in the packaging, this must be notified within 24 hours of receiving your order both to the shipping company and Sismo. To this effect, write an email to firstname.lastname@example.org, phone contact will not be enough. In your email you must indicate your order or invoice number, the description of the incidence and pictures of the packaging and the affected goods.
If the customer doesn’t claim for damages in that 24 hours period, the claim might not be accepted.
This is independent of the products’ guarantee, which shall be subject to the Terms and Conditions of this website.
Sismo Soluciones is not responsible for any delay and/or transport costs caused by:
- · Incorrect or incomplete address
- · Contact telephone number no indicated
- · Strikes by the shipping workers or unions
- · Customs processing
15 Delivery deadline
Sismo Soluciones indicates the maximum delivery date on each of our products from the date of receipt of the order.
Although Sismo Soluciones will always try to meet them by all means, the deadlines for the delivery of the material are merely informative, and are not binding in any case for Sismo Soluciones.
Unless otherwise agreed in writing with Sismo Soluciones, Customers shall not be entitled to request a cancellation of any order or any compensation (including reimbursement of postage) in the case of a delay in delivery of the Product, if it occurs due to circumstances beyond to the will of Sismo Soluciones.
16 JURISDICTION AND VENUE
The present contract is governed by Spanish law, and specifically by common civil law, by accepting these terms the buyer waives any law or special privileges that were applicable to him or her.
17 CONTRACT LANGUAGE
The formalization of the contract language is written in Spanish.
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