General Conditions of Sale – Exelsus CIC GRup S.L.
Excelsus CIC Grup S.L. (hereinafter, "Essistemas") is a Spanish company registered in the Barcelona registry (Volume 44696 Folio 117 Sheet B 463770 inscription 1), with its registered officeataCarles III, 98, 10A Planta-08028 Barcelona, with NIF B-65563165.
· Previous.
The commercial relations between the ESistemas and their clients (hereinafter, the "customer" or "Customers")will begoverned exclusively by these general conditions of sale (the "GVC"), without applying any other contract or prior written agreement.
The application of the customer for products or online orders implies the express and unconditional acceptance of the general conditions and the terms and conditions regulated below, in particular.
In any case, the contract and the assumption of the conditions and obligations of the general conditions will only take effect and will be binding between ESsistemas and the client after the express confirmation and by email of ESsistemas to the order emitted by the client.
· Firsta.-Customers
ESsistemas sells exclusively to hardware and software retailers, system integrators, video game retailers, photo equipments, household appliances, televisions and sound and image systems, and installers of anti-theft systems and other entities that, according to their social purpose, are engaged, among others, to the retail sale of information technology, electronics and consumer goods, audiovisual media and
· Seconda.-Responsibility
ESsistemas will not be liable for any direct or indirect loss or damage arising from the sale of the goods and services available on the website www.essistemas.com, including any delay and/or non-delivery, as well as the non-correspondence of these products with the specifications published on the website or for any other circumstance beyond the direct control of ESsistemas.
· Thirda.-Technical information and use of the software
The technical information on the website www.essistemas.com is collected from the information published by the manufacturers of goods included in our catalogue. ESsistemas reserves the right to correct/update the technical information and the extension of the product catalogue provided by the manufacturers, even without the need for notice.
In the event that the goods acquired by ESsistemas are licenses of use of software or in the event that the merchandise needs software for its use, in connection with this client of software:
- You acknowledge and agree that the end user may only use the software if you accept and follow the terms and conditions contained in the use license (if applicable) between the end user and the vendor. The customer agrees to inform the end user of this fact, notifying him that the failure of the end user to accept the use license (if any) may not allow the use of this software.
- You agree not to copy, reproduce, translate, disassemble, reverse engineer or reverse engineer or apply any procedure to find out and/or appropriate the source code, modify it, use it in any way, or allow third parties to use this software in a certain way. The customer accepts to sell the licenses for use of software or goods requiring software for use by extending these obligations described in this document to their customers.
If the customer does not meet the obligations of this point, ESsistemas will proceed to indemnify all damages, charges and expenses that may arise as a consequence of the breach of their obligations.
· Fourtha.-Orders
Orders will be accepted solely and exclusively in writing by fax, email or e-mail ("No computer", managed by ESsistemas staff), online or in electronic format.
For "non-computer" orders, customers must verify the order confirmation when connecting to the website www.essistemas.com, in the customer section with the title "Order Tracking" or verify the confirmation sent by e-mail. "Non-computer" commands can be freely modified by the customer up to twenty (20) minutes after insertion.
The customer who will insert an order online receive by email, at the end of the order process, a notification confirming the receipt of the order and the details of the corresponding "order number". Online orders will be shown five (5) minutes after insertion and the customer can freely modify them up to twenty (20) minutes after requesting them.
· Fifthna.-Prices
All prices indicated in the column of the rates of the website are the prices applicable to the end user, excluding VAT and any other applicable tax, deducting the discounts reserved for the user. The sale price is indicated in the order confirmation. If no discount is specified, the order confirmation will indicate the "NET sale price" in the store, excluding VAT. Prices and discounts may be changed at any time without notice.
Product prices can be modified by ESsistemas at any time, without any type of communication. If a price is incorrectly published (that is, for an amount equal to or greater than 50% of its price due) the order may be cancelled at any time by the election of ESsistemas.
· Sixthna.-Product Availability
The amount of products available in ESsystems is shown in the product catalog published on the website www.essistemas.com, in the Order Management area, this area is updated every two (2) minutes between 7 a.m. and 9 pm. The possibility of placing orders online can change the availability of the product in real time. ESsistemas does not guarantee the assignment of an ordered item until the order is displayed in the "Order Tracking" section with the "reserved" status.
· Seventhna.-Delivery and transfer of properties
The products will be delivered by the carriers selected by ESsistemas or by the client and will be delivered to the place determined by this, having to assume the shipping costs that will be included in the invoice. The products are sent at the expense and risk of ESsistemas in the place indicated by the client, not being considered delivered until the signature by the client (or his representative) of the accompanying documentation of the order.
In the event of theft or loss of products prior to delivery to the designated place as indicated above, ESsistemas will return the customer with the total price of the stolen or lost product, and the customer may insert a new order for these products of their choice. In the event that the carrier is authorised by the renter for this purpose, the products will be delivered to Due shipments and ESsistemas will not be liable for the loss and/or damage of the product from the moment of the delivery of the merchandise to the carrier at the facilities of ESsistemas.
The products will be sent for delivery, unless the parties agree otherwise in writing, within the time limits provided in accordance with the area from the time of delivery to the carrier. Delivery will take place during business hours.
In the delivery of the products, customers must verify that the packages are intact and that correspond in terms of quantity and quality with the information indicated in the accompanying documentation.
· Eighth. -Payments
The products supplied must be paid by credit card or irrevocable bank transfer, in advance and confirmed, excluding any other situation, which in any case must be agreed in writing with ESsistemas to be valid.
ESsistemas reserves the right not to send the goods, even after accepting the order, to those customers who have exceeded their credit limit, that they are "pending", "contingent", "disputed" or that they try to pay by unconfirmed bank transfer and/or not irrevocable.
· Ninth. -Cancellation of orders
Customers can request the total or partial cancellation of the orders placed. ESsistemas reserves the right to accept or reject these cancellations. Requests for cancellation (and acceptance) will be made through the online form for cancelling the order lines.
· Tenthna.-Refund of products/complaints
Any statement/claim must be notified in writing and/or electronically, through the methods and within the deadlines indicated in the general conditions for return in this link.
The returned products may be subject to devaluations (see amounts in the online refund form) if the product:
- At the time of requesting a refund, although it is perfectly intact, if it is a product categorized as a final product of life that is no longer available by the ESsystem supplier or is made at the request of the customer,
- Declared open.
- is declared closed, but has been opened.
- Reaches ESsistemas more than ten (10) working days after repayment. The returned products must be in perfect condition, in their original packaging with the expenses paid and indicating the return number assigned to the document.
· Eleventh.-Conditions of Use
Due to its intermediary status, the warranty that covers the product delivered to the customer is limited to that used by the manufacturer, in all cases being responsible for any errors or defects in the products supplied, as well as the possible consequences thereof. The customer is bound by the terms and conditions specified in the warranties of these manufacturers. The warranty is always applied if the product is used in the normal operating conditions determined by the manufacturers. For information purposes, it is claimed that article 123 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the general law for the defense of consumers and users and other complementary laws, is not applicable to products being purchased, since this rule applies only to contracts made between a consumer or a user and an employer.
ESsistemas is not obliged to compensate the user or third parties for the consequences of the use of the product, whether direct or indirect damages, accidents suffered by people, damage to property outside the product, loss of profit or loss of profits, damages deriving from a deterioration or loss of data.
ESsistemas will not be liable in any case for failures or defects that the supplied products may have. It will be the manufacturer himself who with his guarantee will be liable for the damages that the product was in. The customer will be able to verify in the section "Guarantees" provided by ESsistemas on its website, the rights it has and the warranty period awarded by each manufacturer.
ESsistemas is not responsible for any typographical errors or contents in the characteristics of the products that may occur from time to time, and like prices, these characteristics are subject to change without notice. Also, the photographs of the products are not binding but indicative.
ESsistemas is not responsible for any direct or indirect loss or damage arising from the sale of goods and/or services published on the website www.essistemas.com, or for the delay in delivering the merchandise or its absence, nor of the correspondence of the products with the specifications published on the website of ESsistemas, or for any other reason that is not directly attributable to
ESsistemas reserves the right not to issue goods, even after having confirmed its purchase order, to those customers who do not have sufficient credit, or are in an "unpaid" state, "contentious" or, in general, that of those who have a dispute.
The use of the products will be carried out in accordance with the manufacturer's instructions and the operating manual. ESsistemas may include within the sheet of each product or in the process of purchasing information about the conditions of the manufacturer. The customer accepts the conditions of use of the products at any time that apply to products.
Likewise, the acquisition of licences of use or other rights of intellectual or industrial property, will involve the automatic acceptance of the conditions of use of the product in the Web site of the manufacturer. The customer accepts the conditions of use of the products that, at any time, apply to the products, both to the Web page and to the manufacturer's Web site. Likewise, the customer undertakes to extend these obligations to the buyer of the product and to potential subsequent buyers, so that the consumer or end user must accept the conditions of use prior to taking the license.
· Twelfth.-Liability of the contribution
The client undertakes not to export or re-export, directly or indirectly, the products supplied by ESistemas to (i) countries subject to economic and/or commercial sanctions imposed by Spain, the European Union, the United States of America, the United Kingdom and the United Kingdom, (II) persons or legal entities from countries subject to sanctions and/or embargoed referred to above or (III) to persons or legal entities included in the "blacklist" of the United States, the European Union and the United Nations (United States List of entities).
Furthermore, the customer agrees not to send or sell, directly or indirectly, the products supplied to the customer by ESistemas to legal persons or entities that, in any way, direct or indirectly, are involved in the development and/or production and/or use and/or sale of weapons of chemical, biological or nuclear mass destruction. The customer acknowledges that certain products are not intended for use in nuclear power plants, medical uses, life support systems and sustainable living systems and that, therefore, any misuse of these products is under their sole direct responsibility, without any liability in this regard. If the customer does not comply with the obligations established in this article, the customer will indemnifies ESsistemas for all damages, charges and expenses that may arise as a consequence of the customer's breach of these obligations.
· Thirteenth.-Code of Ethics and privacy
The customer agrees to respect the principles and rules of conduct contained in the ESsistemas Ethics code available on its website, if applicable. The failure of the customer, even partially, to comply with this obligation, constitutes a substantial breach of the obligations of these general conditions and authorises the customer to suspend any order or, in the most serious cases, to terminate the contract with immediate effect, with nothing for this reason being able to claim the client from ESsistemas.
When the client communicates third-party personal data to place the order (for example, in the case of use of the "dropdelivery" service, which consists of sending products from our warehouse to third parties, or in the case of a software license for the purpose of the communication of the end user's personal data to the supplier for activation. , data Recovery...) In accordance with the current legislation on protection of personal data, as responsible for the processing, you undertake to process such personal data solely for the purpose of executing the order throughout the period of the commercial relationship between the customer and ESsistemas, and secondly, during the retention period provided for by the legislation and the contractual obligations existing between ESsiste
ESsystems, therefore, guarantees:
- Comply with all the provisions of data protection legislation and implement all necessary and appropriate measures, including the maintenance of a record of treatment activities carried out on behalf of the customer;
- Attend and cooperate with the customer in order to comply with the legal requirements imposed in relation to the personal data processed by ESsystems on behalf of the customer, including the rights of the interested parties;
- Adopt, implement and maintain appropriate security measures to ensure the availability, confidentiality and integrity of the information in question;
- Cease any use of personal data and irrevocably delete all personal data processed on behalf of the customer at the end of the contract, notwithstanding the provisions of the law and contracts with the suppliers of goods and services;
- Immediately inform the customer of any doubts, complaints, notices or other communication made by a data subject, together with any information that may be relevant to the resolution of the request, the interested party will not be answered unless otherwise indicated by the customer.
- Notify the customer immediately in writing of any violation of the personal data we are aware of, providing complete information on this assumption;
- To make available to the responsible the necessary information to demonstrate compliance with current regulations in response to the requests of the control authority,
All services rendered by ESsistemas are provided through the use of fully managed infrastructures by our Organization, in our offices and on our servers (in the EU).
· Fourteenth.-Applicable law and jurisdiction
These general conditions of sale will be interpreted in Spanish and Spanish legislation. In the case of any dispute that may arise in relation to these general conditions of sale, the parties expressly renounce their own jurisdiction and agree to submit to the courts and tribunals of the city of Barcelona.
· Fortnight.-Modifications
The present general conditions and documents that have been annexed can be modified/updated without the need for notice by ESsistemas and will be binding from the date of modification/update.
However, modifications/updates of the general conditions of sale or its accompanying documents will be published on the website www.essistemas.com