**Please note that this is not an official translation and therefore the content is merely informative may not be 100% accurate, in all cases, the valid contract is the version in Spanish and if any differences did exist, the English version would be disregarded.
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 https://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 STANDARS
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 occur, in spite of Sismo Soluciones' best intentions, we would proceed to correct it 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 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 PRIVACY AND PROTECTION OF PERSONAL DATA
8.1 INTRODUCTION AND DATA PROTECTION PRINCIPLES
Sismo Soluciones is committed to processing data in accordance with its responsibilities under the GDPR.
The purpose of this policy is to define the requirements of the General Data Protection Regulation (“GDPR”) as applied by Sismo Soluciones; clarify responsibilities and duties, and set out the structure within which they will be discharged.
Personal data collected with the user permission 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.
Article 5 of the GDPR requires that personal data shall be:
a. processed lawfully, fairly and in a transparent manner in relation to individuals;
b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
8.2 GENERAL PROVISIONS
This policy applies to all personal data processed by Sismo Soluciones.
The formats in which personal data is handled can range from electronic to hard copy.
Personal data is any information that can be attributed to an identifiable individual, including names, email addresses, etc. Other categories of data also require enhanced protection for example, bank details.
Individuals have the right to access their personal data and any such requests made to Sismo Soluciones shall be dealt with in a timely manner.
8.3 LAWFUL PRUPOSES
All data processed by Sismo Soluciones must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in Sismo Soluciones’ systems.
8.4 DATA MINIMISATION
Sismo Soluciones shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
8.5 DISCLOSURE AND TRANSFER OF PERSONAL DATA
Sismo Soluciones will only disclose your personal data to a third party when we are required to by law, where we have your specific consent, or to the following:
- companies or suppliers with whom we engage to process data on our behalf – if so, we will ensure adequate arrangements are in place to protect your personal data, such as a data sharing agreement.
8.6 INDIVIDUAL’S RIGHT INCLUDING ACCESS TO INFORMATION AND CORRECTION
You have a number of rights under the General Data Protection Regulation, including the right:
· to rectify inaccuracies in personal data that we hold about you,
· to be forgotten in some circumstances, that is your details to be removed form systems that we use to process your personal data,
· to restrict the processing of your personal data in certain ways,
· to obtain a copy of your data in a commonly used electronic form,
· to withdraw consent where that is the legal basis of our processing, and
· to object to certain processing of your personal data by us.
You have the right to ask to see what personal data we hold about you, known as a subject access request.
Cookies are files placed on your computer to collect standard internet log information and visitor behaviour information. This helps us to understand visitor behaviour, to remember your preferences and improve user experience. For further information about cookies please refer to Sismo Soluciones “Cookies Policy”.
8.8 CHANGES TO OUR PRIVACY NOTICE
Sismo Soluciones keeps its privacy notice under regular review and the notice was last updated on 24 May 2018.
In particular, as the General Data Protection Regulation is new law and the extent of the lawful grounds for processing data has yet to be fully understood, Sismo Soluciones may review and update this notice. An updates will be placed on this webpage.
a. Sismo Soluciones shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, Sismo Soluciones shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach.
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
Please see ‘Shipping and Payment’ for further information about prices and payment.
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 annul 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 email@example.com 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.
14 SHIPPING OPTIONS
Please see ‘Shipping and Payment’ for further information about shipping option.
15 DELIVERY DEADLINE
Please see ‘Shipping and Payment’ for further information about delivery deadline.
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.
End of document