5. BUY CONDITIONS

BUY CONDITIONS

 

USE OF OUR WEB SITE
The present Conditions are the only conditions applicable to the use of this web site and substitute any other one, except previous express assent and in writing of the Seller. These Conditions are important so much for You as for us since they have been designed to create an agreement legally binding strictly between ourselves protecting yours rights as client and our rights as company. You declare that, on having done your order, you have read and someone to accept unreservedly the present Conditions.
You accept that:
Only it will be able to make use of the web site You to realize consultations or asked legally valid.
It will not be able to realize any speculative, false or fraudulent order. If we have reasonable motives for thinking it that there has been done an order of this nature we will be authorized to annul and inform the pertinent authorities.
Also You bind to facilitate to us in a certain and correct way your email address, postal direction and / or other information of contact and allow that we will be able to use this information to put in touch with You if it is necessary to see our Policy of  Privacy.
If You do not facilitate to us all the information that we need, we will not be able to deal your order.
On having realized an order across this web site, You guarantee us that you are major of 18 years and that You have legal aptitude to celebrate binding contracts. 
HOW THE CONTRACT FORMALIZES
The present information and the details contained in this web site do not constitute an offer of sale, but an invitation to do business. No contract will exist between You and we in relation with any product until your order have been expressly accepted by us. If your offer is not accepted and already some post had been done to your in your account, the amount of the same one will be restored in its entirety. To realize an order, it will have to follow the procedure of purchase online and do click in " Authorizing payment ". After this, you will receive an e-mail accusing receipt of your order (" Confirmation of order "). Bear in mind that this does not mean that your order have been accepted, since the same one constitutes an offer that You do to us to buy one or more products. All the orders are subject to our acceptance and we will confirm to you such an acceptance sending a mail in which we confirm to you that the product is being sent (the Confirmation of Sending). The contract for the purchase of a product strictly between ourselves will remain formalized only when we send the Confirmation of Sending. They will be an object of the Contract only those products related in the Confirmation of Sending(Parcel). We will not be forced to give you any other product that could have been an object of order until we confirm to you the sending of the same ones in a Confirmation of independent Sending.
AVAILABILITY OF THE PRODUCTS
All the orders of products are subject to the availability of the same ones and, in this respect, if difficulties take place, as for your supply, or if articles do not stay in stock, we save ourselves the right to facilitate information to you bring over of substitute products of quality and equal or top value that You will be able to entrust. If you do not want to do an order of these substitute products, we will reimburse any quantity that You could have paid. 
DENIAL TO PROCEED WITH AN ORDER
We save ourselves the right to withdraw any Product of this web site at any time y/or to removing or modifying any material or content of the same one. Though we will do the possible thing to proceed always with all the orders, there can be exceptional circumstances that force us to reject the processing of some order after having sent the Confirmation of order, and we save ourselves the right to do it at any time, to our alone discretion. 
We will not be responsible opposite to You or opposite to any third one for the fact of withdrawing any product of this web site, with independence of if the above mentioned product has been sold or not, to remove or to modify any material or content of the web site, or for refusing to proceed with an order as soon as we have sent the Confirmation of order.
RIGHT TO DESIST FROM THE PURCHASE.
If You are contracting as consumer, you will be able to desist from the Contract at any time in the term of 30 days from the date of receipt of the products. In this case, there will reimburse itself the price paid for such products of conformity with our Policy of Returns (the Clause sees 11). 
Your right to desist from the Contract will be of application exclusively to those products that are returned in the same conditions in which You received them. It will have to include also all the instructions, documents and bundles of the products. No refund will be done if the product has been used or if it has suffered any hurt, for what it will have to be careful with the product/s while they are in your possession.
You will not have rightly to desisting from the Contract which object is the supply of someone of the following Products:
Personalized articles Please, treat carefully reasonably the products while they are in your possession and guard, if it was possible, the boxes and original bundles for the case of return. You will find more details on this right recognized by law, as well as the explanation on how it be exercising in the clause by 11 of the present Conditions, and a summary of the same one when you receive the Confirmation of Sending.
This disposition does not concern the rights recognized to the consumer by the in force legislation.
IT DELIVERS
Without prejudice of the established in the Clause 5 previous and except that extraordinary circumstances take place (are produced), we will try to send the order of the product/s related in the Confirmation of Sending before the delivery date that appears in the Confirmation of Sending or, if no delivery date was specified, in the space of 30 days counting from the date of the Confirmation of order. The delay can owe to the following reasons: Customization of the products; specializing Articles; unforeseen Circumstances; or Zone of delivery;
If for any motive we could not expire with the delivery date, we will inform you about this circumstance and will give you the option to continue forward with the purchase establishing a new delivery date or to annul the order with the total refund of the full price. Bear in mind in any case that we do not realize you deliver neither on Saturdays nor Sundays. Except in case it should to our negligence, we will not make ourselves persons in charge for all that that has not been due retired if You could have adopted reasonable measures to eliminate or to minimize the risk. 
To effects of the present Conditions, there will be understood that the "delivery" has taken place(been produced) or that the product/s they have been "delivered" in the moment to sign the receipt of the same ones in the address of been convenient delivery.
IMPOSSIBILITY OF DELIVERY
If in the moment of the delivery the user was not in the place of the agreed delivery, the company of transport will leave you a notice in which the number of telephone will be indicated you where be contacted to be able to realize a new attempt of delivery.
Spent 7 days since the notice was left, if the user has not put in touch with the company of transport, this one will proceed to the sending of the material to Precasol's store generating a few expenses that him(her) will be loaded on the client.
TRANSMISSION OF THE RISK AND THE PROPERTY
The risks of the Products will be to your post from the moment of your delivery.
You will acquire the property of the products when we receive the complete payment of all the quantities owed in relation with the same ones, included the postage and handling, or in the moment of the delivery (according to the definition contained in the clause 7), if this one took place in a later moment.
I BOAST AND PAY
The price of the products it will be the one that is stipulated in every moment in our web site, except in case of manifest mistake. In spite of the fact that we try to insure that all the prices that appear in the page are correct, they can produce mistakes. If we were discovering a mistake in the price of the products that You have entrusted, we will inform you as soon as possible and will give you the option to re-confirm your order to the correct price or to annul it. If we do not manage to put in touch with You, the order will be considered to be cancelled and you will be reimbursed yourself entirely by the quantities that had been paid.
We will not be forced to give you the product/s to the low incorrect price (even though we have sent the Confirmation of Sending) if the mistake in the price is obvious and unequivocal and he could have been recognized of reasonable form for You as incorrect price.
The prices of the web page include SPAIN VAT, but they exclude the postage and handling, which will be added to the total amount owed as it is exposed in our Guide of Postage and handling.. The prices can change at any time, but (except in the established previously) the possible changes will not concern the orders with regard to which already we have sent a Confirmation of Sending. 
Once you have made your purchases, all items you want to buy has been added to your basket and the next step will process the order and payment.
You can make payment by Visa, MasterCard and JBC. To minimize the risk of unauthorized access, code data from your credit card. It shall authorize payment upon placing your order even if not owe any amount in your credit card until your order has shipped.
By clicking "Authorize Payment" You are confirming that the credit card is yours.
Credit cards are subject to checks and authorization by the issuer of the same, but if that entity does not authorize the payment, we are not responsible for any delay or failure to deliver and we can not conclude any contract with you.
VALUE ADDED TAX
Under current regulations, any purchase made through the web site is subject to Value Added Tax (VAT).
In this regard and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, delivery shall be located in the Member State to put on the e-delivery of goods, being the legally applicable VAT rate applicable in each Member State of destination of the items have been entered in each order.
RETURN POLICY
Returns in exercise of the right to cancel the purchase.
General policy: If you want to cancel the contract within the period specified in clause 7 above, please contact us via our contact form. You can also return the product directly to the address given in the Returns form that you receive with it. Please return the product to us as soon as possible, together with the completed Return Form to the address stated on it. You will be responsible for the cost of returning the products. Please note that if you decide to return the items due to shipping we are entitled to charge the expenses we incur.
Please return the item using or including its original packaging as well as instructions, documentation and packaging that may accompany it.
After reviewing the article will inform you if you are entitled to a refund of amounts paid. The refund will be made as soon as possible and in any event within 30 days from the date that you notified us of its intention to withdraw. The return shall be in the same credit card that was used to pay for your purchase. You assume the cost and risk of returning the goods, as stated above.
No such exchange or refund of products which are not under the same conditions under which they were received, or which have been used beyond the mere opening of the product.
Returns of defective products
Where you consider that at the time of delivery the product does not comply with the terms of the Agreement, you must contact us immediately through our e-mail info@precasol.com.
Proceed to carefully examine the returned product and will notify you by e-mail within a reasonable time whether to refund or replace it. The return or replacement of the paper is made as soon as possible and in any event within 30 days from the date that we send you an email confirming that you should replace the return does not conform.
The amounts paid for those products that are returned because of any defect or fault, when really there, you will be refunded in full including delivery costs incurred to deliver the item and the costs incurred by You to return it to us. The return shall be in the same credit card that was used to pay for your purchase.
Left intact the rights recognized by law
LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased on our website will be strictly limited to the purchase price of such Product.
Nothing in these Purchase Terms shall exclude or limit in any way our liability:
In case of death or personal injury caused by our negligence;
In case of fraud or fraudulent misrepresentation, or
In any case in which it was illegal or unlawful exclusion, we tried to confine or exclude or limit our liability.
Notwithstanding the above provisions and in so far as permitted by law, unless in these Conditions provide otherwise, we accept no liability for consequential damages that occur as a side effect of the loss or major damage, the occurrence of any form, whether caused by tort (including negligence), breach of contract or otherwise, even if they had been anticipated, including but not limited to:
loss of revenue or sales;
loss of business;
loss of profits or contracts
loss of anticipated savings;
data loss and
waste of time management or office time.
Due to the open nature of this website and the possibility of errors occurring during storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless it is established explicitly stated otherwise herein.
All descriptions of products, information and materials contained on this website are provided "in the state it is" and without warranties express, implied or arising in any other way.
To the extent possible as permitted by law, disclaims all warranties leaving except those warranties which can not be lawfully excluded against consumers.
The provisions of this clause will not affect their rights under law as a consumer, or his right to cancel the contract.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights on material or content to be contributed as part of the website belong to us at any time or those who gave us license to use. You may use this material only in the manner in which we express permission or license granted to those we use. This does not preclude use this site to the extent necessary to copy the information about your order or contact information.
WRITTEN COMMUNICATIONS
The applicable legislation requires that some information or communications we send to be in writing. By using this site, you agree that most of us are electronic communications. We will contract with you by email or hanging notices provided information on this website. For contractual purposes, you agree to use this electronic means of communication and recognizes that every contract, reporting, information and other communications that we provide to you electronically comply with legal requirements to be in writing. This condition does not affect their rights under law.
NOTICES
Notifications that you send to us should be sent preferably via our contact form. Under the provisions of Section 14 and unless otherwise stated, we may send communications or e-mail or postal address provided by you when placing an order.
Means that notifications had been received and have been properly made in the same instant that hang on our website, 24 hours after e-mailed, three days after the date of mailing of any letter. To prove that the notification was made, it is sufficient to prove, in the case of a letter which had the correct address was properly sealed and that was duly delivered to a mailbox or post office and in the case of an email that the same was sent to the email address specified by the recipient
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on both you and us and our respective successors, transferees and assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any rights or obligations arising from the same to them, or for you, without obtaining our prior written consent
We can convey, assign, encumber, subcontract or otherwise transfer a Contract or any rights or obligations arising from the same for us or for us, at any time during the term of the Contract. For avoidance of doubt, such transfers, assignments, liens or other transfers not affect the rights you have as consumers recognized by law or cancelled, reduced or otherwise limited warranties whether express or implied, that we could have given them.
EVENTS BEYOND OUR CONTROL
We are not responsible for any failure or delay in complying with any of our obligations under a contract whose cause is due to events outside our reasonable control ( "Force Majeure Cause").
Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident beyond our reasonable control and included is special (without limitation) the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (and has been declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Inability to use public or private systems of telecommunications.
Acts, decrees, legislation, regulations or other government restrictions.
Strike, failures or accidents maritime or river transport, postal or other transportation.
It means that our performance obligation under any Contract shall be suspended during the period in which the cause of Force Majeure continue, and have an extension in the deadline to meet our obligation for the duration of such period. We will take all reasonable action to end the causes of Force Majeure or to find a solution through which we can meet our obligations under the contract despite the Cause of Force Majeure
DISCLAIMER
If during the term of a contract, we stopped to insist upon strict performance of any of its obligations there under, or of any of these Terms, or if you fail to exercise any rights or remedies that we were entitled to exercise or brought under this Agreement or these Conditions shall not constitute a waiver of such right or remedy nor shall indemnify You to comply with such obligations.
The resignations we do to enforce not constitute a waiver by us to require subsequent performance.
No waiver by us of any of these Terms and Conditions shall take effect, unless expressly stipulates that it is a waiver and is communicated to you in writing In accordance with the provisions of the Notifications section above.
SEVERABILITY
If any of these Conditions or any provisions of a contract would be considered invalid, illegal or unenforceable in any action by the competent authority shall be separated from the remaining terms, conditions and provisions shall remain valid insofar as permitted by the law
INTEGRITY OF THE CONTRACT
These Terms and any document to which reference is expressed in the same constitute the entire agreement between you and us regarding the subject matter hereof and supersede any other agreement, arrangement or agreed earlier promise between you and us verbally or in writing.
You and we acknowledge to have agreed to enter into this Agreement without reliance on any statement or promise made by the other party or Which may be inferred from any statement or written in Negotiations between the two before this Contract except what is expressly Referred to in theseConditions.
Neither you nor we will have a remedy against any uncertain statement made by the other party, orally or in writing, prior to the date of the Contract (unless such statement was made fraudulently uncertain) and the only remedy available to the another part will be for breach of contract In accordance with these Conditions.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms at any time.
You will be subject to the policies and conditions in force at the time of each order made unless a law or decision of government agencies should do changes in these policies, Terms or Privacy Statement, in which case any changes will also affect orders that you have done previously
LAW AND JURISDICTION
The Website is controlled and operated from Precasol, SCP from its offices in Spain, therefore, all issues arising from access and / or use thereof shall be governed by and construed in accordance with Spanish legislation.
In the event that the user reside outside the Spanish borders, and the User Precasol subject, expressly waiving any other jurisdiction, the competent Courts in Spain.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us these comments and suggestions via our contact form.
 
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