1. Introduction
These general conditions of use of the website, regulate the terms and conditions of access and use tienda.protectorcactus.com, property of Protector Cactus, SL, with address at C / de Francisco Vaca Morales, 2 06011 Badajoz (Spain) with Tax Identification Code number B06670921, hereinafter “the Company”, which the user of the Portal must read and accept to use all the services and information provided from the portal. The mere access and / or use of the portal, of all or part of its contents and / or services means full acceptance of these general conditions of use.
2. Terms of use
These general conditions of use of the portal regulate the access and use of the portal, including the content and services made available to users on and / or through the portal, either through the portal, either by its users, or by third parties. . However, access to and use of certain content and / or services may be subject to certain specific conditions.
3. Modifications
The company reserves the right to modify the general conditions of use of the portal at any time. In any case, it is recommended that you periodically consult these terms of use of the portal, as they may be modified.
4. Obligations of the User
The user must respect at all times the terms and conditions established in these general conditions of use of the portal. The user expressly states that he will use the portal diligently and assuming any responsibility that may arise from breach of the rules.
Likewise, the user may not use the portal to transmit, store, disseminate, promote or distribute data or content that carry viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any program or equipment. IT or telecommunications.
5. Responsibility of the portal
The user knows and accepts that the portal does not grant any guarantee of any nature, whether express or implicit, on the data, content, information and services that are incorporated and offered from the Portal.
Except for the cases that the Law expressly imposes otherwise, and exclusively to the extent and extent to which it is imposed, the Portal does not guarantee or assume any responsibility for possible damages caused by the use and use of information, data and Portal services.
In any case, the Portal excludes any liability for damages that may be due to the information and / or services provided or supplied by third parties other than the Company. All responsibility will be of the third party, whether supplier or collaborator.
6. Intellectual and industrial property
All the contents, trademarks, logos, drawings, documentation, computer programs or any other element susceptible to protection by the intellectual or industrial property legislation, which are accessible on the portal correspond exclusively to the company or its legitimate owners and all are expressly reserved. the rights over them. The creation of hypertext links (links) to any component of the Portal’s web pages is expressly prohibited without the authorization of the company, provided they are not to a Portal’s web page that does not require identification or authentication for access, or it is restricted.
In any case, the portal reserves all rights over the content, information, data and services that it holds on them. The portal does not grant any license or authorization of use to the user on its contents, data or services, other than the one expressly detailed in these general conditions of use of the portal.
7. Applicable legislation, competent jurisdiction and notifications
These conditions are governed and interpreted in accordance with the Laws of Spain. For any claim, the courts and tribunals of (indicate the city) will be competent. All notifications, requirements, requests and other communications that the User wishes to make to the Company that owns the Portal must be made in writing and it will be understood that they have been correctly carried out when they have been received at the following address (indicate the email address where want to receive the notifications).
PURCHASE CONDITIONS
The content of this website is the property of PROTECTOR CACTUS, S.L. To comply with the provisions of Law 34/2002, of July 11, on Services of the Information Society and ComeElectronic rcio, below we indicate the data of the general information of our website www.protectorcactusworld.com
Owner: PROTECTOR CACTUS, S.L.
C.I.F: B06670921
Registered in the Mercantile Registry of Badajoz. Volume 602 sheet BA- 26104, 1st inscription
Address: Calle Hermanos Segura Covarsí No2, Office 11. 06011. Badajoz
Email: lburgos@protectorcactusworld.com Telephone: 620.161.562
1 DEFINITIONS
1.1 In these Conditions, the following terms will have the meaning indicated below: “the Seller” means PROTECTOR CACTUS, S.L. and the entities that respectively succeed them by any title. “Customer” means the natural or legal person with whom the Seller contracts the sale of the Goods. “The Merchandise” means the product that the Seller sells to the Customer in accordance with the Contract. “The Contract” means the contract for the sale of the Merchandise between the Seller and the Customer, to which these General Conditions of Sale are incorporated. “Business day” means any day of the week except Saturday and Sunday and holidays. “Conditions”, means the rules governing the sales of PROTECTOR CACTUS, S.L ..
2 PREAMBLE
2.1 The information on prices, available quantities or delivery times sent by the Seller, will be considered a mere invitation to the Customer to place orders and, consequently, offers subject to acceptance by the Seller. Orders in response to the sending of said information or the acceptance thereof, will not give rise to a contract, which will only be understood to have been concluded when any of the following circumstances occurs: a) Acceptance by the Seller (acceptance of order). b) Commencement of the manufacture of the Merchandise, when it is manufactured in a special way for said order. c) Dispatch of the Merchandise.
2.2 These Conditions are the only ones under which the Seller contracts, and they will be incorporated into the Contract to the exclusion of any other term or condition, including those indicated or cited in the Customer’s order and other Contract documents.
2.3 These Conditions may only be modified with the agreement of the Seller, by means of a signed document that will be sent to the Customer.
2.4 In addition to these Conditions, the technical specifications and internal commercial terms of the Seller will apply, among others, to transport, minimum orders or packaging, and that the
Customer may request the Seller at any time. These terms and specifications are incorporated into these Conditions.
2.5 To make purchases, the customer must be of legal age.
3 PRICES
3.1 The prices exclude any taxes or duties related to the sale of the Merchandise. Said taxes and duties will be added to the price, and will be paid by the Client.
3.2 The prices indicated in the quotes, estimates, or other documents issued by the Seller prior to the acceptance of the order, are not binding for the latter. The final price will be the one applicable on the date of acceptance of the order.
3.3 The Seller may increase the price of the Merchandise between the date of acceptance of the order and the date of payment in the following cases: a) Extra alloy and variation in international prices of raw materials of the Merchandise, or its conditions of supply. b) Additional expenses related to the Merchandise or its supply. The Client will assume the previous price increases.
4 PAYMENT AND GUARANTEES
4.1 Payment of the price of the Merchandise will be verified within the term and in the manner agreed upon, with all expenses arising from the chosen payment system being the responsibility of the Customer. When the payment is instrumented by documentary credit, it will be governed by the Rules and Uniform Uses Relating to Documentary Credits in force of the International Chamber of Commerce. In absence of
agreement, payment will be made in cash at the Seller’s premises, no later than 30 days from the date of the corresponding invoice. If any other means of payment is used, it will not be understood to have been made until the actual deposit of the corresponding amount in the Seller’s bank account. The payment of the price will be made in full, not admitting partial payments.
4.2 All inputsegas are subject to the approval of the Seller’s Risk Department.
4.3 The Seller shall have the right to opt for the enforced performance of the Contract, or its termination if the Customer is in any of the following situations:
a) It breaches its payment obligation or any other obligation derived from the Contract, or from any other contract entered into with the Seller.
b) You are in bankruptcy, liquidation or any other insolvency situation. c) You do not have the capacity to face your debts.
d) There is an order to execute, enforce or seize your property.
4.4 If the Seller has reasonable grounds to suspect that the Customer will not be able to meet the obligations derived from the Contract, or from any other contract entered into with him, he may at any time suspend compliance with it, except that the Client immediately pays the full price, and satisfies the other pending payments to the Seller derived from other contracts, or provides the Seller with a bank or other guarantee, for the same amount, that is acceptable to him. The Seller will immediately notify the indicated suspension, granting a reasonable period of time to the Client to make the payments or deliver the guarantee. If the Customer does not do so within said period, the Seller will have the same rights as in Condition 4.3.
4.5 If in the cases indicated in Condition 4.3 or 4.4, the Seller has already dispatched the Merchandise, it will be entitled to avoid delivering it to the Client, even if the latter is the holder of a document that is granted the right to obtain it.
4.6 If the Seller terminates the Contract in accordance with Condition 4.3 and 4.4, the Customer will lose the right to sell the Goods subject to retention of title as established in Condition 7, and the Seller may prohibit its sale and processing, and require the Customer to return it or send it to another
destination. Without prejudice to said resolution or cancellation, the Customer will pay the Seller the price of the Goods dispatched prior to the same.
4.7 The amounts owed by the Client in payment of the Merchandise that are not paid on the due date, will accrue interest until the payment of the principal at the interest rate applied by the European Central Bank to its most recent main refinancing operation, increased by seven percentage points. The Client will also indemnify the Seller for damages and expenses caused by the breach.
4.8 The Client may not deduct from the amounts owed to the Seller those that he claims from the latter, whether derived from the Contract or from any other concept, and may only deduct the credit notes issued by the Seller.
5 DELIVERY
5.1 The delivery of the Goods will take place at the place indicated in the Contract, or subsequently agreed by the parties. If a place of delivery has not been indicated, it will take place at the Seller’s premises, immediately before loading for transport to the Customer. The chosen commercial term will be interpreted in accordance with the INCOTERMS edition indicated in the contract.
5.2 Unless otherwise stated, the Merchandise designated as stock material or another similar term, is subject to availability.
5.3 The Seller may make partial deliveries, issuing an invoice for each of said shipments.
5.4 The dates and times of shipment or delivery of the Goods are approximate and will not be binding on the Seller. Given the complexity of the manufacturing process of the Merchandise, if despite having done what is reasonably possible to meet a delivery or shipment date or term contemplated in the Contract, these were not met, such breach will not be considered a contractual breach of the Seller that entitles the Customer to terminate the contract or claim compensation for damages, and the Seller shall have the right to a reasonable extension of the delivery or shipment term or date.
5.5 If the non-delivery is due to causes attributable to the Customer, the Customer must make the agreed payments as if the delivery had occurred. The Seller may proceed to the storage of the Merchandise at the Customer’s expense and risk, and upon request of the latter, to insure it, in both cases provided that the Customer pays in advance the foreseeable storage and insurance costs.
6 TRANSMISSIONON OF RISK
6.1 The transmission of the risk of impairment or loss of the Merchandise to the Client will occur in accordance with the INCOTERM indicated in the Contract, and failing that, in accordance with the INCOTERM, EX WORKS (INCOTERMS 2020).
6.2 In sales in Spain, the transfer of risk will occur: a) Upon delivery to the first carrier if the Contract includes the transportation of the Goods. b) In other cases, when the Customer takes charge of the Merchandise, or if he does not do so at the agreed time, as soon as it is made available to him.
7 RESERVATION OF TITLE
7.1 Without prejudice to its delivery and transfer of risk to the Customer, the Merchandise will remain the property of the Seller until full payment of its price, and of any other amount owed by the Customer to the Seller for any other reason, although it is not expired.
7.2 Until the transfer of ownership to the Customer:
a) In the cases contemplated in Condition 4.3 and 4.4, the Seller may require the Customer to return the Merchandise, recovering its possession and being able to resell it.
b) The Customer will store the Merchandise in the appropriate manner, and under the conditions necessary to protect and preserve it, at no charge to the Seller. It will not alter or remove the identifying marks of the Merchandise or its packaging, ensuring that they are clearly identified as the property of the Seller. If despite the above prohibition, the Merchandise were processed or combined in
In any form with other products, the Seller will retain ownership of the resulting product for an amount equal to the value of the Merchandise.
c) At the request of the Seller, the Customer will adopt the necessary measures to protect the rights of the former with respect to the Merchandise.
7.3 The rights granted to the Seller in this Condition are additional, and will in no way exclude or limit any other right or action that may correspond to it.
7.4 The Client is empowered to dispose of the Merchandise within the framework of their business activity, and to transfer ownership of it to their respective clients, as long as they are purchasers in good faith. This power will automatically terminate in the cases indicated in this Condition, and in Condition 4.3 and 4.4. If in any of these cases the Merchandise has already been delivered to the purchaser in good faith, the Seller may demand payment or subrogate the Client’s rights regarding said sale, up to the limit of the amount owed.
8 QUANTITY AND QUALITY. COMMERCIAL WARRANTY
8.1 The Seller will deliver goods in the quantity and quality established in the Contract, and with the packaging provided therein. Notwithstanding the foregoing, the Merchandise will be subject to the Seller’s tolerance and classification rules.
8.2 The weight indicated by the Seller will be the valid and final one, provided that a scale approved according to the standards of the Seller’s country has been used. The Client may request a receipt for the peso. Unless otherwise agreed, the quantity supply tolerances for each type and total quantity will be +/- 10% of the quantity ordered.
8.3 The Seller guarantees that the Merchandise: a) Is suitable to be marketed.
b) It is free of charges and rights of third parties.
8.4 The Commercial Guarantee is limited to what is indicated in this Condition, excluding any other type of guarantee from the Contract. In particular, there is no guarantee that the Merchandise:
a) It is suitable for the specific uses declared or not declared by the Client.
b) Be consistent with the samples delivered by the Seller, not having the nature of sale on sample.
c) It does not have defects derived from materials, specifications or information provided by the Client.
d) It is suitable for use if it has not been handled or stored in the proper way, or it is processed in inappropriate machinery.
8.5 The Seller will be responsible in the terms of this Condition for defects, hidden defects and lack of conformity (hereinafter, the Defects) of the Merchandise that are attributable to it, derived from its design, materials raw or process.
8.6 The Customer will inspect the Merchandise immediately upon arrival at the agreed destination, in order to determine: a) If it has been damaged in transit. b) If it is of the signal quality, quantity and weightwinged in the Order Acceptance or on the delivery note.
8.7 Damage suffered by Merchandise in transit must be stated on the carrier’s delivery note.
8.8 If a Defect is found, the Merchandise will not be processed, and the Customer will store it in its original packaging, making it available to the Seller for examination. Otherwise, the Client will lose his right to claim said Defect.
8.9 Defects must be notified in writing to the Seller immediately after being discovered, or when they should reasonably have been discovered, and in any case within 1 month from the date of delivery. The notification will be motivated, with a description of the Defect claimed.
8.10 Once the notification referred to in Condition 8.9 has been received, the Seller may choose between: a) Repair the Defect.
b) Provide replacement product.
c) Reduce the price in proportion to the Defect of the Merchandise. In any of the above cases, the Seller will bear the costs of transporting the Merchandise or replacement product but no other costs, such as disassembly, installation or processing.
8.11 Notwithstanding the foregoing, the Seller shall have the right to investigate the claim, and to demand from the Customer the evidence that he deems necessary. If, as a result of the investigation, it is proven that the Defect reported does not exist, or it is not the responsibility of the Seller, he will be entitled to reimburse the Customer for the expenses incurred for the claim. 8.12 The Client will not be entitled to any other compensation or action other than those indicated in this Condition 8, which absorbs and is within the limits of Condition 9.
9 LIMITATION OF LIABILITIES
9.1 The Seller guarantees that the Goods will comply with the express conditions of the Contract.
9.2 The Seller shall not be liable for damages that the Customer may suffer as a result of the acts and omissions of the Customer, its employees and representatives in relation to the Contract or the Merchandise, which exceed the amount of the purchase price of this, excluding VAT, customs duties, insurance premiums and other costs other than those of the Merchandise itself.
9.3 The Seller will not be liable for indirect damages of any kind, nor for the loss of profits that the Customer may suffer as a result of the acts and omissions of the Customer, its employees and representatives in relation to the Contract or the Merchandise .
9.4 The Seller shall not be liable for statements, suggestions and comments in relation to the Goods made by its employees or representatives in pre-contractual negotiations.
10 FORCE MAJEURE
10.1 The Seller may suspend the execution of the Contract, without implying any contractual breach, for reasons of force majeure that hinder or prevent it, while they last.
10.2 Among others, force majeure may derive from the following facts:
a) Wars, whether declared or not, civil war, revolts and revolutions, acts of piracy and sabotage. b) Natural disasters such as hurricanes, cyclones, earthquakes, tsunamis, floods or destruction by lightning.
c) Explosions, fires, destruction of machinery, factories or any other type of installation. d) Boycott, strikes and lockouts, production stops, and occupation of factories and facilities.
e) Acts of the public authorities, whether legitimate or not, with respect to which the Seller has not assumed the risk under the Contract.
f) Shortage of labor, energy or raw materials. g) Restrictions on communications.
h) Subcontractors’ delays or noncompliance.
10.3 The Seller must notify the Customer in writing of the suspension of the Contract, and if it lasts more than 8 consecutive weeks, either party may resolve it with prior written notice, without prejudice to the Seller’s right to collect. the price of the part of the Merchandise sent to the Client prior to the suspension of the Contract, and to be reimbursed for any other expense in relation to the Contract accrued before its termination.
11 ASSIGNMENT
11.1 The Client may notto assign, encumber or transfer in any way the Contract, nor the rights or obligations arising from it, without the written consent of the Seller.
12 WAIVER OF RIGHTS
12.1 The rights of the Seller in relation to the Contract shall not be considered waived due to the granting of postponements or other types of indulgences, or due to the lack of exercise of the actions derived from them.
13 NULLITY
13.1 If any Condition of this document is null or void in whole or in part, by virtue of the applicable Law, it will be omitted from it without affecting the validity of the others.
14 CANCELLATION / RETURN / REFUND POLICY
14.1 An order placed may be canceled when it is still in a state of preparation. We will only accept cancellations requested by written means (Contact Form, Email). We do not recognize other means of requesting cancellation, such as telephone calls.
14.2 The buyer may return the material as long as neither the product nor its packaging have been tampered with and as long as they have not suffered any type of modification or damage. In any case, the buyer will bear the transport and handling costs derived from the collection of the material. The returned product will be replaced by another product offered by the seller. Only if authorized by the seller, the amount of the returned material will be refunded.
15 NOTIFICATIONS
15.1 The notifications that must be made to the Seller will be made at the address that appears in the Order Acceptance, or in the one that is subsequently indicated to the Customer. Those that must be made to the Client will be done at the last known address of the Client. Notifications may be made by mail, fax or e-mail.
16 PRIVACY AND DATA PROTECTION
In compliance with the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data, we inform you that:
A) PROTECTOR CACTUS, S.L. guarantees the confidentiality of all the data provided by its clients. In addition to the minimums established by the legislation, the collection and processing of data are carried out under security levels that prevent the loss or manipulation of the data.
B) In accordance with current legislation, all clients of PROTECTOR CACTUS, S.L. They have the right of access, rectification, cancellation and opposition of their data. In addition, at any time, the client can express their desire NOT to receive any type of advertising. To exercise these rights, customers can contact the address: Calle Hermanos Segura
Covarsí No2, Office 11. – 06011 Badajoz or send an email to the address lburgos@protectorcactusworld.com
C) For the best fulfillment of its services, PROTECTOR CACTUS, S.L. is obliged to provide certain data of its customers -name, address, telephone, etc. to other companies that collaborate with the provision of the service -transporters, financial entities, etc. In all the cases that are provided, they are strictly necessary for the specific activity to be carried out.
D) Customer data will be used for strictly commercial purposes and in no case will it be transferred to third parties.
17 SAFETY PROTECTION FOR BUYERS
17.1 We guarantee the maximum security in your payment and the confidentiality of the data. All payment operations are carried out through a secure server, based on the SSL Standard, which guarantees the total confidentiality of your bank card details. This data travels encrypted at all times and is only known by the authorizing bank, without being stored on our servers at any time.
17.2 Payments are made through the Redsys payment platform (BANCO SANTANDER’s official payment channel) with the corresponding encryption and data transfer security systems through the SSL protocol, therefore that the buyer will carry out any transaction based on the protection of said channels.
17.3 Payment will be made through the secure payment platform on our website by credit card. Payment is made in compliance with the 3D SECURE security protocol developed by VISA and MASTER CARD to allow the authentication of cardholders during purchases throughof the Internet, reducing the probability of fraudulent use of
cards. During the process, the authentication of ownership of the card will be required through the verification mechanisms of the bank issuing the card. The card number and the data associated with it will be entered on secure web pages.
18 JURISDICTION AND APPLICABLE LAW
18.1 The Contract will be governed and interpreted in accordance with Spanish law, the Client submitting expressly waiving their own jurisdiction to the courts and tribunals of Badajoz Capital. The United Nations Convention on contracts for the international sale of goods, made in Vienna on April 11, 1980, or any other that replaces it, shall not apply.
18.2 Notwithstanding the foregoing, the Seller reserves the right to go to the courts of the Customer’s country to claim any amount that the Customer may owe.