GENERAL CONDITIONS OF SALE, RETURN AND WARRANTY
PREAMBLE.
The present General Conditions of Sale and Guarantee (the “Conditions”) will govern for the contracts of sale and purchase of machines, accessories, spare parts and services commercialized by GOTAPPING, S.L. (hereinafter GOTAPPING, the owner, the manufacturer or the seller) with address at C/ Nueva, 1 5ºC, 20150 Villabona, Spain and CIF: ESB20158887; to its customers, to the extent that the contracting parties refer to them and without prejudice to the particular clauses that, where appropriate, may be established by them and which shall prevail over these General Conditions.
It shall be understood that the parties have referred to these Conditions not only when they expressly state so in a particular purchase contract or firm order accepted by the Client, but also when such reference has been part of GOTAPPING’s offer through the corresponding quotation or other commercial documents, such as catalogs, brochures or invoices or in the legal notices contained in GOTAPPING’s website www.go-tap.es.
To the extent not expressly agreed in a particular contract, and to the extent not provided for in the provisions of these General Terms and Conditions, both parties submit, in the case of international sales, to the Vienna Convention of 11 April 1980 on contracts for the international sale of goods.
The access, reproduction and use of the services of the Web requires the prior acceptance of the Conditions of Use in force at any time; THE OWNER reserves the right to modify these Conditions when it deems appropriate, by publishing the new text on the Web. It is the responsibility of the user to know the Terms of Use before accessing the products and services of the Web; if you do not agree with them, please refrain from using it.
PROPERTY
The Web is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including html codes of the website, etc.), whose Intellectual Property belongs to THE OWNER, except for those materials obtained under license from third parties.
THE OWNER and its licensors retain at all times the Intellectual Property on the Web and on the different elements that compose it, individually considered, in all the copies that are made (whatever the support to which they are incorporated), granting on them only the rights of use that are described below. Any right not expressly granted is reserved.
In addition to the above, THE OWNER is responsible for the selection, design of the structure and arrangement of the contents of the Web, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitization and presentation of the same, corresponding to him, therefore, the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.
THE OWNER is also the sole owner of the design and graphic image of the Web, reserving the pertinent legal actions that could correspond to him against the persons who carry out imitations or disloyal uses of the same one.
WEB CONTENTS AND DOWNLOADS. PERMITTED AND PROHIBITED USES.
It is allowed:
The navigation through the Web, that is to say, the access and visualization of this in a device, being authorized any temporary or accessory reproduction, as long as the same is not voluntary and forms an integral and essential part of the technological process of transmission. The navigation through certain sections of the Web requires prior registration.
To benefit (prior registration), of the services and advantages provided by THE OWNER through the Web to its users, under the conditions that are expressly stated in the different sections.
It is strictly forbidden:
Any operations with respect to the Web, its contents, downloaded products and copies of all of them that are contrary to the Law, good customs and good faith.
Any use outside the personal and private sphere, especially those with commercial or professional purposes, including the sending of advertising or messages and the collection and processing of third party data.
Any type of extraction, public communication and/or transmission, in whole or in part, by any means, outside the private sphere of permitted use and, especially, its incorporation into any other work, including web pages, collections or databases. Exceptions to this prohibition are the publication in the media of materials that can be downloaded from the Press Room section.
The removal, concealment or falsification of the notices and warnings about the Intellectual or Industrial Property of the Web or any of the products provided through it.
The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal operation of the Web, other users or any third party.
LINKS TO THE WEBSITE
It is authorized the establishment of links and hyperlinks to the Web from other pages or websites, provided that they are not done in a way that harms the public image and brand of the OWNER, the Web or any of the persons and products referred to therein. In the establishment of links to the Web is expressly prohibited the use of techniques that imply confusion about the identity and ownership of the contents, such as framing or other.
It is forbidden to establish links from pages or websites whose contents promote or advocate, directly or indirectly, any kind of violence, discrimination, pornography or illegal activity. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of the links is expressly prohibited the use of elements extracted from the Web, without the express prior consent of THE OWNER.
In no case it can be understood that the links to the Web from pages or websites of third parties imply relations of THE OWNER with the owners of these, nor imply endorsement, sponsorship or recommendation of THE OWNER on them, so THE OWNER will not be responsible at all for their content and legality.
CONTENT AND USER BEHAVIOR
As a customer or user of the Web, you agree to make appropriate use of the content and services offered through the same and not to use them for:
Incur in illicit, illegal or contrary to good faith and public order activities.
Disseminate content or propaganda of a racist, xenophobic or pornographic nature, which advocates terrorism or violates human rights.
Cause damage to the physical and logical systems of the OWNER, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
Disseminate content that undermines the image and reputation of the OWNER or third parties.
Violate the rights of intellectual property, industrial, image, honor or others that correspond to the OWNER or third parties.
THE OWNER will have full freedom to decide whether the contributions and messages are finally published on the Web or not, being empowered to withdraw them when it deems appropriate.
The infringement of any of the rules contained in these Terms of Use and especially of the provisions of this clause, shall entitle THE OWNER to immediately unsubscribe as a user or subscriber of the Web.
PAYMENT METHODS
The system will automatically show you the payment methods available for your order. These are: PAYPAL (which allows payment by Credit Card) or prior bank transfer.
We guarantee that every transaction is 100% secure.
SHIPPING METHODS AND DELIVERY TIMES
We work with the best private transport agencies (FedEx, GLS, NACEX…) guaranteeing that our shipments will always reach our customers with the maximum guarantees in transport.
Shipping charges for shipments to destinations in Spain and EU countries will be free from 250 euros net excluding VAT. And they will be 9 euros plus VAT for lower amounts.
Upon confirmation of payment, your order will be processed and shipped within approximately 3-5 working days and depending on availability, most of our products are in stock or in our warehouses in Spain.
The following aspects must be taken into account when calculating the expected delivery time:
Orders placed on weekends (Saturdays and Sundays) and on holidays will be considered to be placed on the next working day. On these days there is no order preparation and the transport companies do not carry out pick-ups.
Orders placed after 12:00 noon on a working day will be considered as shipped the following day for shipping purposes.
No deliveries are made on weekends.
If any of the products in the order are not in stock, it is possible that the preparation time of the order may be increased. We will contact you to keep you informed at all times of the delivery time and either offer you another similar product or cancel the order.
We reserve the right not to confirm an order for a specific reason such as lack of stock of the product, a problem related to the order received, an abnormal order or a foreseeable problem concerning the delivery.
In case of urgency in receiving the order, please contact us to evaluate the different options at admin@go-tapping.com.
Any delivery that cannot be made due to force majeure, accident, strike, administrative decision or transport strike beyond our control will not give rise to any right on the part of the customer, and delivery will be postponed until delivery is possible.
Returns:
-In accordance with the provisions of art. 44 of Law 7/1996, of January 15 of the Retail Trade Ordinance, the customer will have the right to revoke the requested order within seven working days after receipt of the same, prior communication to Arístegui Maquinaria, S.L. as long as the returned tool or machine is not used or manipulated and is in perfect condition for subsequent sale as a new item including its original packaging tools and instructions for use.
The return will have a charge of 10 € for handling and shipping costs of the machine, so the customer will receive a refund of the amount paid except these 10 €.
In the event that the merchandise is patently used and therefore will suffer a commercial devaluation by remarketing it as “used product”, we will proceed to reduce the value. The same will happen in case of lack of the original packaging or of its integrity, condition that will oblige us to ask the producer to buy it back and to replace it.
The customer will send the goods to the logistic structure of our company Arístegui Maquinaria S.L., within 14 days from the communication of withdrawal. The return shipping costs will be borne by the customer.
The responsibility of the shipment until the acknowledgement of receipt in our warehouse will be of the client. We therefore advise you to insure the shipment against theft, loss or transport damage (we will be responsible for the outward transport, but we cannot assume responsibility for the return transport which we do not arrange).
After receiving the goods, we will refund the customer the full amount of the transaction (except for the limitations in the above points and possible additional costs), within 7 days from the date of receipt of the returned goods, using the same method of payment chosen by the customer, except in special cases.
RIGHT OF WITHDRAWAL
The customer has 14 calendar days from receipt of the order to voluntarily withdraw from the purchase, without penalty and without stating the reasons. In the event that the consumer and user wants to cancel the purchase of the product or service contracting, you can use the withdrawal form (this form can be found on the next page) to communicate your decision to the seller or service provider.
The purchase must be returned with all its products. In any case, for hygienic reasons, the products to be returned must be in perfect condition, unused, in their original packaging and seal and with all their accessories.
The customer will have to assume the costs of the return shipment. No freight collect shipments will be accepted under any circumstances.
The customer will be responsible for ensuring that both the product and its packaging arrive in perfect condition, being necessary to pack the items properly, in order to avoid possible damage during transport.
Once we receive the return package, we will verify its condition and as soon as we check that the returned items, as well as any accessories, samples, promotional gifts and documentation, are complete and in perfect condition, we will send the customer an email to notify him/her of the approval or rejection of the refund.
The refund of all payments received for the purchase, including delivery charges will be made within 14 calendar days from the communication of the withdrawal.
The refund will be processed through the same means of payment used by the customer for the initial transaction.
We reserve the right to withhold the refund until we have received the products or until the customer has provided proof of the return of the products, depending on which condition is met first.
We will not issue a refund if the product has been used.
LEGAL WARRANTY
In case the customer receives a wrong or damaged product, or in case of loss or damage of products by the transport company, the customer may request its return and/or replacement, within 14 calendar days after its delivery. In such a case, we undertake to bear the return shipping costs, we will take care of picking up the defective product and/or replace the missing product with another identical product at no additional cost to the customer.
In general, the legal warranty of the products is three years from the delivery of these (two years in the case of digital content or services).
The user or customer has two months to communicate the lack of conformity that could be appreciated in the product. In any case, those manifested after the first six months will not be presumed to be manufacturing defects.
WITHDRAWAL FORM
(You should only complete and send this form if you wish to withdraw from the contract or service contracted).
To the attention of (here you must insert the name of the company, complete address and, if available, telephone number, fax and e-mail address):
I/We hereby inform you(*) that I/We hereby withdraw from my/our(*) contract for the sale of the following good/provision of the following service(*).
Ordered on/applied for on(*).
Name and address of the consumer and user(s).
Date and signature of the consumer and user or consumers and users.
PRICES AND AVAILABILITY
All prices in our store are exclusive of VAT. The orders are always attended by rigorous order of reception.
If we run out of stock of a product ordered, we will contact the customer to agree on new shipping terms. At this point the customer can decide whether to continue or cancel the order.
An electronic invoice will be issued and will be sent to the e-mail address designated by the customer when registering on the web site. The invoice will be issued in the name of the individual or company placing the order. Therefore, the customer must ensure that the order is placed in the correct name. Subsequent changes will not be admitted.
PRODUCTS
The photographs showing the products are provided for information purposes only. The differences between the photographs and the products may be minimal and do not affect the essential characteristics of the products. The color of the products shown in the store may differ from the actual color of the product due to the light of the photographs.
EXCHANGE POLICY
To request a product exchange, the customer must contact customer service within 10 calendar days of receipt of the order.
No freight collect shipments will be accepted under any circumstances.
In case the product to be exchanged has a higher price than the one previously purchased, the customer must pay the difference in value. If, on the other hand, the new product has a lower price than the one previously purchased, the difference in the amount will not be refunded in cash, but will be in the form of a gift voucher to be used in your next purchase.
To manage any type of return or exchange of products purchased at https://herramientasymaquinariaindustrial.es the customer must contact our Customer Service.
The customer must indicate the order number and we will tell you exactly all the steps to follow. We also inform you that we will not accept changes or returns that have not been previously communicated through the indicated channels.
CANCELLATIONS
The customer or user may cancel his order, as long as it has not left our warehouse. In this case, you should contact the OWNER via email or Customer Service channels, communicating your identification data and order reference number.
In case of cancellations, the amounts previously paid by the user or customer will be refunded through the same means used for the initial transaction.
DATA PROTECTION
The information or personal data you provide will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all the information or data you provide us are truthful and correspond to reality.
MODIFICATIONS
THE OWNER reserves the right to make, without notice, any changes it deems appropriate on the Web, may change, delete or add content and services provided through this, and the way in which they are presented or located.
Although THE OWNER will make its best efforts to keep updated and error-free information contained on the Web does not guarantee its accuracy and updating. Nor is guaranteed the achievement of any specific result or purpose, so that access and use of the Web, is the sole responsibility of users and customers.
LEGAL ACTIONS
THE OWNER will pursue the breach of these Terms of Use, as well as any misuse of the Web or its contents, infringements of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all actions, civil and criminal, which may correspond in law.
EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Likewise, under the terms set out in Article 14 of EU Regulation 524/2013, on the resolution of consumer disputes, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm
APPLICABLE LAW AND JURISDICTION
For any controversy or dispute that may arise, arising from these terms or conditions, Spanish Law shall be applicable. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of Donostia-San Sebastián.
