General conditions
With GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of products and services through the website www.elewert.com, property of ANDRES MACHADO INVEST, S.L.U, hereinafter referred to as PROVIDER.
The acceptance of this document implies that the USER:
Has read, understands and understands what is stated herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of the legislation in force in the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is ANDRES MACHADO INVEST, S.L.U, with registered address: Calle Severo Ochoa, 38, C.P. 03203. Elche Parque Empresarial, (Alicante). SPAIN. NIF B-42600395 and e-mail
e-mail: info@elewert.com. This company is currently operating through the network under the following domain name: www.elewert.com. Commercial Register of Alicante, volume 4159, book 0, folio 22 page a-162019; tax identification number. B-42600395.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
If the USER fails to comply with this obligation, he/she will be liable for any possible damages caused to the PROVIDER or to a third party.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
The services offered by Andrés Machado Invest S.L.U., can be contracted by any user who complies with the requirements established in the present contracting conditions and legal notice available at all times on the website www.elewert.com.
CONDITIONS OF SERVICE
The commercial conditions of this service and the offers that may eventually be made by the PROVIDER always appear on the website so they can be consulted, filed or printed. The PROVIDER reserves the right to modify at any time the present contracting conditions as well as any other document displayed on the website.
RESPONSIBILITIES
The PROVIDER shall not be liable for any delays or failures that may occur in the access, functioning and operability of the website, or in its services and/or contents, nor for any interruptions, suspensions or malfunctioning of the same, when they are caused by breakdowns produced by natural catastrophes or situations of force majeure, or of extreme urgency, such as strikes, attacks or computer intrusions or any other situation of force majeure or fortuitous cause, as well as errors in the telematic networks of data transfer and in any case when the error has been produced by a third party outside the business organisation of the PROVIDER.
The PROVIDER is responsible for the reliability, truthfulness and accuracy of the contents, data or information regarding the products offered on its website, unless these have been modified by third parties, external or not to the organisation, without the express authorisation of the company. The service provided by the PROVIDER is limited exclusively to making available to customers the products offered on the website.
The USER undertakes to comply with the provisions of the legal notice and with the contracting conditions published by the PROVIDER on its website at the time of purchasing the product.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
General contracting clauses.
Sending orders.
Right of withdrawal.
Claims.
Force majeure.
Jurisdiction.
Generalities of the offer.
Price and period of validity of the offer.
Transport costs.
Method of payment, costs and discounts.
Purchasing process.
Applicable guarantees.
Guarantees and returns.
Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. DISPATCH OF ORDERS
The PROVIDER will not dispatch any order until it has checked that payment has been made.
Where can I receive my order?
You can receive your order at the address of your choice: home, work, etc. (never at a post office box).
Shipments of goods will usually be made by transport agencies, according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a fundamental breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
How long will my order take to arrive?
The delivery time is usually between 1 and 7 working days, depending on the destination town and the chosen payment method. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
-For deliveries to mainland Spain and mainland Portugal, delivery will be made within 24-72 hours, working days.
-For shipments to Ceuta and Melilla, delivery will be made within 3 to 7 working days.
-For shipments to the Balearic Islands, delivery will take 2 to 5 working days.
We usually have all the products offered in stock. This allows us to process orders confirmed on working days before 14.00 hours for delivery the next working day (Spain peninsula) through express transport agencies, however this depends on having expressly agreed with the buyer and in no case is a firm commitment on our part, also depends on the saturation of orders that we have at any given time and may be delayed up to a week the delivery of your order.
Shipments in 24/48 hours are exclusively to Peninsula, being this data approximated by the transport agencies in use and depending on the volume of orders in course at that moment.
Free shipping(*) for orders over 60€ and special promotions to:
- Spain, Peninsula and Balearic Islands
- Ceuta and Melilla
- Portugal
- Germany
- Metropolitan France
(*) Excluding islands and territory outside the assigned areas.
ATTENTION:
These shipping costs DO NOT include CUSTOMS COSTS in case of INSPECTION, as well as TAXES applicable in each country.
Shipping costs (VAT INCLUDED) Spain (Peninsula ONLY) - Shipping (24/72 working hours)
-Shipping costs 5,00 €.
Ceuta and Melilla (Taxes and Customs not included)
-Shipping costs 7,50 €.
Balearic Islands
-Shipping costs 7,50 € -Shipping costs 7,50 €.
Portugal (Peninsula ONLY)
Shipping costs 7,50€ -Shipping costs 7,50€.
Germany, Austria, France (Metropolitan), United Kingdom
-Shipping costs 7,50€ -Shipping costs 7,50€.
Other European countries
Shipping costs 15€ -Shipping costs 15€.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be considered to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
Delivery shall be deemed to have taken place when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws in the product or service, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or, in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
Unless the return is made due to defects in the product, the return costs relating to shipping shall be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
If the product is not presented in perfect condition.
If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
When the product is open without being able to prove that it has not been used.
In software applications that are directly downloaded through the portal.
When they are personalised products or those which, for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right.
All returns must be communicated to the PROVIDER, for which purpose you can use the
-Before closing the package, REMEMBER TO ALWAYS insert the RETURNS FORM in the box.
Download the returns form in English by clicking here: DOWNLOAD
Download returns form in English by clicking here: DOWNLOAD
Download returns form in German by clicking here: DOWNLOAD
or by e-mail to returns@elewert.com indicating the order number.
In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.
Once the USER has downloaded the returns form and has filled in all the required information, the USER will send the product to the PROVIDER following the instructions below:
-You must introduce our ELEWERT PRODUCT BOX, inside another box to protect it from shipping and transport, it is VERY IMPORTANT that the product box arrives in perfect condition, otherwise 5€ will be deducted from the amount of your return, as a penalty.
-Before closing the package, ALWAYS REMEMBER to insert the RETURNS FORM in the box.
-Once the package has been packed and protected, you must clearly indicate the sender on the outside of the package, as well as the order number to identify your return.
-The address where you should send the package to be returned is as follows:
ELEWERT / EURO CARGO EXPRESS
C/ Illes Balears, 3
Polígono Industrial El Pastoret
03640, Monóvar (Alicante)
ESPAÑA
The deadline shall be deemed to have been met if the goods are returned before the deadline has expired. The cost of returning the goods shall always be borne by the USER in the manner he/she deems appropriate. We recommend that the easiest and most economical way is to choose the Post Office. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note that if you decide to return the goods to us at your own expense, we will not accept the parcel.
Contractual right of withdrawal
In addition to the right of withdrawal legally recognised for consumers and users and mentioned in this section, we grant you a period of 30 days from the Dispatch Confirmation to return the products.
Your right to withdraw from the contract shall apply exclusively to those products that are returned in the same condition in which you received them. No refund will be given if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or have been damaged, so you should be careful with the product(s) while they are in your possession. Please return the item using or including all original packaging, the book, shoe bag, instructions and any other accompanying documents.
After examining the item, we will inform the USER whether he/she is entitled to a refund of the amounts paid. The reimbursement of the outward shipping costs, in the event that the USER has been charged for them, will only be made when the right of withdrawal is exercised within the legal deadline and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 calendar days from the date on which the USER informs us of their intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until the USER has provided proof that the goods have been returned, depending on which condition is met first. The refund will always be made by the same means of payment that the USER used to pay for the purchase.
Unless the return is made due to defects in the product, the return shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
If you have any doubts you can review our return policy, and/or you can contact us by sending an email to: returns@elewer.com.
4. CLAIMS
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Post: ELEWERT / EURO CARGO EXPRESS
C/ Illes Balears, 3
Polígono Industrial El Pastoret
03640, Monóvar (Alicante)
ESPAÑA
Mail: info@elewert.com
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
6. COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of ANDRES MACHADO INVEST, S.L.U or stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the e-mail address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number +34617063189 or via e-mail to info@elewert.com.
9. TRANSPORT COSTS
The prices do not include shipping or communication costs, nor do they include installation or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum shipping rate applied is as follows:
These shipping costs DO NOT include CUSTOMS CHARGES in case of INSPECTION, as well as TAXES applicable in each country.
Shipping costs (VAT INCLUDED).
Spain (Peninsula ONLY) - Shipping (24/72 working hours)
-Shipping costs 5,00 €.
Canary Islands, Ceuta and Melilla (Taxes and Customs not included)
-Shipping costs 7,50 €.
Balearic Islands
-Shipping costs 7,50 € -Shipping costs 7,50 €.
Portugal (Peninsula ONLY)
Shipping costs 7,50€ -Shipping costs 7,50€.
Germany, Austria, France (Metropolitan), United Kingdom
-Shipping costs 7,50€ -Shipping costs 7,50€.
Other European countries
Shipping costs 15€ -Shipping costs 15€.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:
Visa, Mastercard and Paypal.
Can the USER's credit card be rejected and why?
The card may be rejected for one of the following reasons:
-The card may be expired. Check that your card does not exceed the validity date.
-The card's limit may have been reached. Check with your bank to make sure that the card has not exceeded the amount allowed for purchases.
-You may have entered incorrect information. Check that you have filled in all the necessary fields correctly.
-Your card may not have the option to buy online activated. Check with your bank that your card has this option activated.
Is it safe to use my credit card on the website?
Yes, the data is transmitted in SSL encrypted form. For payment with Visa and Mastercard only Ces (Secure Electronic Commerce) transactions will be accepted. After verifying that the card is a member of the CES system, the system will contact the bank that issued the card so that the buyer can authorise the purchase. When the bank confirms the authenticity, normally by sending an SMS with a confirmation code, the card will be charged. Otherwise the order will be cancelled.
Can I get an invoice in my company name?
Yes, you only have to send us an email to INFO@ELEWERT.COM with the fiscal data necessary for the invoice.
Is it safe to use my credit card on the website?
Yes, the data is transmitted in SSL encrypted form. For credit and debit card payments, you are required to enter the CVV (Card Verification Value), a code printed on the card that is used as a security measure in e-commerce transactions.
11. PURCHASING PROCESS
Shopping cart (quotation simulation)
Any product from our catalogue can be added to the shopping cart. To add any item to your shopping cart you have several options. If you are in the "Shop" section, you have the option to click on the drop-down menu "Select size", select the size you want to buy, and then click on "Add to cart" and if you are browsing within the product file you can repeat the same process mentioned above, in this way you can add products to your shopping cart.
- You can always see your shopping cart by clicking on the icon in the top right navigation bar, thus accessing your shopping cart summary. Once in the shopping cart you can modify the units of an item, delete items, view shipping details and see the total amount of your order. From the shopping cart you can complete the final purchase by clicking on the link "Checkout".
In the shopping cart, you will only see the articles, the quantity, the price and the total amount. Once the shopping cart has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The shopping carts do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order following the next steps for its correct formalisation:
1. - Check the invoicing details.
You will find a form that you must fill in with your billing and/or shipping details, where the following fields will appear:
Name
Surname
Company name (optional)
Country
Street address
Zip/Postal code
Town/City
Province
Telephone
E-mail address
Would you like to subscribe to our newsletter (optional)?
2. - Send to a different address.
If you wish to send your order to a different address than the billing address, you must click on the box that appears blank by default, and select it, in this way a form will appear again so that you can fill in a different postal address.
We have a box available for the USER to add notes about your order, for example special delivery notes.
3. - Checking the order data.
A summary appears with the customer's order data, with the name of the product, its price, subtotal of the purchase, shipping price, and total of the purchase with the shipping price included. The prices are shown with the % VAT included.
4. - Selection of the payment method.
Two payment methods are shown below for the USER to select. They are the following: Card payment and PayPal payment. If the USER does not know the PayPal payment method, he/she can click on the link that appears on the right of the window with the name: What is PayPal, this link redirects the USER to the third party website.
5. - Acceptance of the "Privacy Policy" and the "General Conditions" of the website.
In order to complete the payment, the USER must select the box that appears in white, where he/she accepts that he/she has read our "Privacy Policy" and our "General Conditions" and agrees with them.
6. - Place the order (buy)
Once you have checked that all the details are correct, you must click on the [finalise order] button to confirm and close the order. After this, a screen will appear on which you will be told the order number assigned to your purchase and other details of the same. Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department.
Orders (purchase requests)
Within a maximum of 48 hours, on working days, an e-mail will be sent confirming the status of the order and the delivery date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. They all have a guarantee period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
It is understood that the products are in conformity with the contract provided that they comply with the description provided by the PROVIDER and possess the qualities that have been presented on the website: www.elewert.com, are suitable for the uses to which products of the same type are normally intended and present the usual quality and features of a product of the same type that are reasonably expected.
The measurements in centimetres (cm) shown on each product are approximate and approximate and are not contractual in nature.
13. GUARANTEES AND RETURNS
Exchanges or Returns from the Canary Islands
Returns are at the customer's expense. Please, before returning the order, contact us to tell you how to proceed with the return, as the company will not be responsible for any customs charges that may be involved in the return of the order. In the event that we have to pay these charges, the package may be returned to its destination. Exchanges or Returns from Ceuta and Melilla
Returns are at the customer's expense. Please send packages as a "gift" as the company will not be responsible for any customs charges that may be involved in such a return. In the event that we have to pay these charges, the package may be returned to its destination.
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of 10 July of Guarantees of sale of consumer goods:
I) Conformity of products with the contract
1. - Unless proven otherwise, it will be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
a) They conform to the description made by ANDRES MACHADO INVEST, S.L.U.
b) Are suitable for the uses to which products of the same type are normally put.
c) Are suitable for any special use required by the client when he has informed ANDRES MACHADO INVEST, S.L.U. at the time of the conclusion of the contract, provided that the client has accepted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the client can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ANDRES MACHADO INVEST, S.L.U.
e) ANDRES MACHADO INVEST, S.L.U. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by ANDRES MACHADO INVEST, S.L.U or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
In this sense, if any of the products are not in accordance with the contract, you must inform us by following the procedure detailed in the complaints section within the "Returns" section and through any of the methods mentioned therein.
The products will be exempt from the guarantee if the damage or deterioration of the same is caused by the use by the customer, and not by defects or faults arising from the manufacture.
In order to apply the product guarantee, it is essential that the customer presents the receipt or invoice that was provided when the product was purchased or when it was delivered.
3. No liability shall be accepted for any lack of conformity that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that originates in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
ANDRES MACHADO INVEST, S.L.U will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. ANDRES MACHADO INVEST, S.L.U recognises the USER the right to repair the product, to its replacement, to a price reduction and to the termination of the contract.
III) Repair and replacement of products
1. - If the product is not in conformity with the contract, the USER may choose between demanding the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER communicates to ANDRES MACHADO INVEST, S.L.U the chosen option, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. - Any form of remedy which imposes costs on ANDRES MACHADO INVEST, S.L.U. which, in comparison with the alternative form of remedy, are unreasonable, taking into account the value which the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement shall be carried out in accordance with the following rules:
a) They will be free of charge for the USER.
This free of charge shall include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The period of suspension will begin from the moment the USER places the product at the disposal of ANDRES MACHADO INVEST, S.L.U and will conclude with the delivery to the USER of the repaired product. During the six months after the delivery of the repaired product, ANDRES MACHADO INVEST, S.L.U will be liable for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when the product reproduces defects of the same origin as those initially manifested.
d) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the replacement product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of article IV, or a price reduction or the termination of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
VII) Time limits
1. - ANDRES MACHADO INVEST, L.U. is liable for any lack of conformity within a period of two years from delivery. In the case of second hand products, ANDRES MACHADO INVEST, S.L.U and the USER may agree on a shorter period, which shall not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. - In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. - The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
4. - The USER must inform ANDRES MACHADO INVEST, S.L.U of the lack of conformity within two months from the date he/she became aware of it.
Unless there is evidence to the contrary, it will be understood that the USER's communication has taken place within the established term.
VIII) Action against the producer
When the USER finds it impossible or an excessive burden to contact ANDRES MACHADO INVEST, S.L.U due to lack of conformity of the products with the purchase contract, the USER may claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice that the responsibility of the producer ceases, in the same terms and conditions as those established for ANDRES MACHADO INVEST, S.L.U, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.
Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of ARENALES DEL SOL (Spain).
To file claims in the use of our services can be directed by email to the address: info@elewert.com.
