These Conditions of Contract (hereinafter General Conditions) regulate the process of buying and selling the products offered by Luis B. Corraliza (hereinafter eXamYo.com) in the catalog available on its Web site www.eXamYo.com.
The General Conditions bind eXamYo.com and the buyer (Customer), granting them a series of rights and obligations, from the moment in which the latter makes and accepts an order through the aforementioned page. They are mandatory and knowledgeable by both parties, so their acceptance when registering as a customer is essential to be able to formalize an order. Therefore, the Customer must read these conditions carefully.
The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the General Conditions.
These General Conditions will be regulated by the provisions in the current legal regulations.
1. Intervening parties
Company owner: Name: Luis B. Corraliza, Tax ID: 04857077-Y, Registered Office: C / S. Juan Bautista - Talavera de la Reina - Toledo
E-mail: info@examyo. com
Any Customer of the Web www.eXamYo.com who will place an order and give its acceptance to the same at the time of its realization will be considered Client.
The Customer must register as such and provide the following data in order to be able to place the order: name and surname or business name, CIF / NIF, address of invoice, address of delivery, contact telephone number and contact email. At this time, you must accept these General Conditions.
2. Purpose of the contract
The purchase and sale of the products offered by eXamYo.com on your website by the Customer. These are products of laser pointers intended for private consumption.
3. Bidding Process
The offer is limited to the products that appear on the Web www.eXamYo.com, and is valid for purchases worldwide.
Each product has a data sheet that shows the technical characteristics of the product, the brand, the model, photographs, the sales price with the VAT included in Peninsula and Baleares and the period of availability of the same in the face of shipping and delivery to the Customer.
The total cost of the order will be communicated to the Client at the moment of making your order and in advance of the acceptance of the same.
The price of the products is the one that appears on the Web at the time of placing the order.
4. Acceptance of the offer
It occurs at the moment in which the Customer expressly consents to the order placed. Previously, in the same of registering as a client, the client must have accepted the General Conditions.
5. Payment of the orders
There are three ways of payment of the price established for each order, among which the Customer can choose:
A) Payment in advance by bank transfer:
The Client must make a bank transfer to the eXamYo.com account for the price of the products of the order. In the transfer, you must indicate the order number (the number is automatically assigned by the system when the order is completed); In addition to indicating as beneficiary of the same to eXamYo.com.
The transfer must be made within a maximum period of ten days from the completion of the order to the bank account that will appear after the purchase. If there is no proof of payment within that period, the order will be canceled automatically.
B) Payment through card:
The client can choose the payment through his credit or debit card through the Virtual POS, being carried out the operation at the time of making the order, 100% sure.
6. Delivery of orders
The delivery times of the orders depend on the availability of the product or products that compose them, availability that is indicated in the tabs of each of the products in the catalog of the Web www.eXamYo.com. The terms of availability, for the purpose of computing time for the delivery of orders, will be those that appear advertised on the page at the time the order is placed by the buyer.
In the formalized orders in the mode of payment in advance, will also be taken into account for the computation of the delivery deadlines the proof of the realization of the payment by the Client by bank transfer or cash income in the bank account number Indicated by eXamYo.com.
However, this period of availability may be modified in the case of simultaneous orders for the same product or products that lead to the end of the product stock. The new delivery time will be indicated to the Client in the shortest possible time. If the end of stock is definitive, the Customer will be advised to choose between choosing a product other than similar characteristics and a price similar to the product sold, or cancel your order, returning the money paid in advance in the case of orders with modality Payment in advance.
Delays in deliveries of more than ten days according to the availability term, delay attributable to eXamYo.com, will entitle the Customer to cancel his order if he so manifests in writing by email to the address email@example.com, Where appropriate, the money paid in advance, and without any claim for damages, present or future, direct or indirect.
Delivery times will depend on the type of shipment chosen by customer, will appear during the purchase process. These terms are always approximate and at no time insured, therefore they will never be a valid reason for the rejection of the package or cancellation of the purchase, the client understands and assumes his acceptance as well as the claim of the expenses occasioned that I generated if he does not finish the purchase for this reason.
Orders not delivered to the Customer within seven days from their sending for cause not attributable to eXamYo.com will be returned to the seller, considering the order canceled for all purposes, returning to the Client, if any, the money paid in advance , And without any claim for damages, present or future, direct or indirect.
The delivery will be done door-to-door in the delivery address indicated in the order shipping data. The subsequent modification of this address may generate a series of expenses that will be borne by the Customer.
The orders will be delivered by transport company in the delivery address indicated by the Customer and the person who has been fixed as the recipient of the same. This information will be included in the delivery note of the transport company, which will also indicate the number of packages of the shipment, the total weight, the order number and the reimbursement (only in cases of orders made in the payment method against refund).
Deliveries of bulky or overweight products, or those of products that present difficulties for delivery, will be delivered to the portal at the address indicated.
In addition to the delivery note, a purchase invoice will be delivered to the customer with each order, by e-mail.
If the invoice is missing, the Customer can request it by e-mail to the address firstname.lastname@example.org, indicating the name of the invoice holder and the order number, and it will be sent again by e-mail.
If, at the time of delivery, it is clearly and clearly visible, without the need to handle the shipping packaging or the packaging of the product, that a product has defects caused by damage to the conveyance or, in the same way, Error in the goods received, the Customer must record it in the delivery note and communicate it to eXamYo.com (by e-mail addressed to the address email@example.com) within 24 hours after receiving the order to be able to To urge the return of the affected product and with it the replacement by a new one, not the refund of the price paid by the same one.
The defects produced in the transport, defective or erroneous products that are only appreciable after having unpacked the product must be communicated within the first 24 hours from the reception of the order by electronic mail addressed to the address firstname.lastname@example.org, indicating the damages caused in the product and urging the Return of the affected product and with it the replacement by a new one, not the refund of the price paid by the same one.
7. Cancellation of orders
Only cancellations will be accepted if your order has not yet been sent. In case it has already been prepared but not sent if you wish to cancel it you can do so assuming a cost of 10€ that will be discounted from the amount already paid as the order processing. If you have not yet paid your order for choosing a method of payment upon delivery, you must pay the 10€ through bank deposit in any of the accounts that will be provided, if not do so assumes and acknowledges such debt with eXamYo.com that will take The legal measures it deems appropriate to recover said amount. If your order has already been sent you can send it back in a maximum period of 14 days, but the shipping costs will be borne by the customer / buyer, and will be deducted from the amount to be returned 15€ for processing and cancellation of the order plus Shipping costs incurred.
The obligation of the buyer / customer is to ensure that the requested product is the one you want and in case of doubt about it it is the obligation of the buyer / customer to contact eXamYo.com to inquire about the product before its purchase.
In case the purchase, once sent, is refused by the recipient / customer for reasons other than eXamYo.com, it can claim the shipping costs to the recipient of the same, forcing the latter to pay the total shipping costs incurred plus 20€ for processing and cancellation of the order.
8. Product Warranty
The legal framework of guarantee (Law 23/2003, of July 10, on guarantees in the Sale of Consumer Goods) aims to provide the Client with different options to demand sanitation when the acquired good does not conform to the contract, giving him The option of requiring repair or replacement of the good, unless it is impossible or disproportionate. When the repair or replacement is not possible or unsuccessful, the consumer may demand the price reduction or the termination of the contract. The products have a warranty of 2 years from the date of receipt of the shipment. The manufacturers of the products are solely responsible for the guarantee and provide the necessary technical and after-sales support. In case the customer has any type of problem with a product, please contact the Technical Assistance Service (SAT) determined by each manufacturer.
By virtue of this, eXamYo.com will respond to the Customer of any lack of conformity that exists at the time of delivery of the products of the order, understanding these as tangible property intended for private consumption.
The guarantee of eXamYo.com is 6 months as distributor, from 6 months of the date of the order the guarantee is offered directly by the manufacturer. eXamYo.com in case of failure of one of these products will provide the buyer with the address of the manufacturer to send the same for repair or replacement. The expenses of this return will be borne by the buyer in any case.
· If the defect comes to light during the first 6 months from the delivery of the good, it is presumed that the anomaly already existed when he bought it and the consumer does not have to prove anything.
· However, when the lack of conformity manifests itself after 6 months and in doubtful cases, the manufacturer could demand an independent expert report to process the guarantee. In obvious cases of malfunction or irregular operation under warranty period there is no problem.
In any case, during the time that the consumer is deprived of the product is suspended the computation of the term of the guarantee; For example, if the repair of an object lasts for 15 days, the warranty period will end 15 days later than originally planned.
In order to be able to face this guarantee, the Customer must contact eXamYo.com by email to the address email@example.com in which it will indicate: name of the holder of invoice, number of order, number of invoice and cause Of non-conformity.
If it is necessary that you send us your product for review, the shipping address and RMA number will be provided. The shipping costs will be borne by the customer. Next to the damaged item must include the copy of the purchase invoice and the warranty agreement correctly signed by the Technical Support. After 14 days from the client's claim to eXamYo.com, if the product has not been processed and delivered in the place indicated by the Technical Support, our department will not accept the claim and will cancel said RMA request, rejecting the shipment If received. You can re-request a new warranty procedure with a new RMA number whenever you wish. If a damaged component is received due to bad packaging, we will not take care of it. Notifying the problem to the customer and solving it directly by the client and transport agency. Any material that does not comply with these characteristics will be shipped back to you, even if the material complies with other parts of the warranty. If you choose an unsecured shipping method and the package is damaged, the customer will be responsible for the loss.
-Process of guarantee.
A) If the receipt of the product proves that the damage is covered by the warranty conditions, once repaired or replaced will be returned to the customer without expenses.
· Repair or replace. The first thing to do is to send the product to repair or replace it with a new one. The choice rests with the seller, who will decide on the basis of the expenses generated by each option: if one of them is disproportionate to the other, the seller can choose the most convenient to their interests, provided that the consumer does not assume any greater Disadvantages. In case of not having availability of the same article, a change in an equal or greater benefit article, always informing it and prior acceptance, will be carried out and provided that the request by the client is not disproportionate, as indicated In Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods (BOE No. 165, dated 11-07-2003)
· Reduction of price or resolution of the contract. When it is not possible (or reasonable) to replace the product with a new one, when the repair or replacement does not serve to leave the product in conditions of conformity, when the time period is exaggerated ... the consumer can decide between asking for a reduction of the price Or terminate the contract (as long as the lack of conformity is important). In addition, the consumer has the right to be compensated for damages.
eXamYo.com for reasons beyond the company, does not commit to the delivery of the claimed product in a specific period, being that period stipulated by the wholesaler or manufacturer, a term that will be duly communicated to the customer through mail.
The return shipment will be made by Ordinary Mail, and the buyer will be responsible for any loss, damage or loss, in case of preferring an insured shipment and faster you can choose to be returned by express courier, having to pay 3€. This amount will be paid by bank transfer or card.
B) If on receipt of the product it is verified that the equipment works perfectly, it will be returned to the customer and the customer must pay the transportation costs generated as well as handling and checking costs, estimated at a total amount of 15€ . The return shipment will be made by regular mail, the buyer being responsible for any loss, damage or loss, in case of preferring an insured shipment and faster can choose to be returned by express courier, increasing the amount 3€ plus, 18€ in total. This amount will be paid by bank transfer or card.
C) If, upon receipt of the product, the failure of the equipment is found to be in breach of the warranty conditions, the guarantee would be voided. The item will be returned to the customer and must be paid the transport costs generated as well as handling and checking expenses, estimated at a total amount of 15€. The return shipment will be made by regular mail, the buyer being responsible for any loss, damage or loss, in case of preferring an insured shipment and faster can choose to be returned by express courier, increasing the amount 3€ plus, 18€ in total. This amount will be paid by bank transfer or card.
Once the shipment of the appliance is reviewed, the estimated costs of 5€ corresponding to any change of address or reser- vations, either at the request of the customer or because it is incorrectly indicated in the order, will be borne by the customer.
If a package is returned by incorrect address, be absent, not collect or refuse, the customer will be notified when we receive it in our office so that he chooses to do with it. In case of requesting a new shipment you must pay 5€ as shipping cost. You will have a month from the notice on our part to agree a resolution, after this time no response will be considered to disregard the purchase and waiver of your articles and amount paid by them.
- Warranty cancellations.
No guarantee cases will be accepted when the products have been improperly used or not according to their characteristics by the Customer.
The products are out of warranty for the following reasons:
· Incorrect use, manipulation or maintenance by the Customer of a device or component.
· Components burned by electrical surges or overvoltages.
· Broken or damaged components subject to impact.
· Incorrect repair, modification by the customer of a team.
· Deterioration, elimination or concealment by the customer of the guarantee label of eXamYo.com or the manufacturer of all products (including labels with serial number and security seals).
· Faults occurring as a result of improper use or outside specified environmental conditions, defects in installation, or wear and tear due to normal use of the equipment.
· Damage caused by disasters such as fires, floods, wind, earthquakes or storms.
· Aesthetic or scratched damages in plastic materials such as casings.
· Damage caused by impacts with other objects, falls, spills of liquids or immersion in liquids.
· Failure as a result of manipulations by unauthorized technicians, as well as subsequent modifications or extensions not included in the original configuration.
· Errors related to configuration errors or component incompatibilities.
· Consumable parts, such as the battery. A reduction in battery life due to repeated charging / discharging is considered normal.
· Damage by accident, abuse, misuse or improper applications.
· Deterioration due to normal use.
· Any damage or damage if the serial number and barcode label of the product or any of its components has been modified, deleted or removed.
9. Right of withdrawal
The Customer is entitled to withdraw the order within 14 natural days from receipt of the order, as set forth in Article 44 of Law 7/1996, dated January 15, on Retail Commerce Management.
The Customer must communicate his / her withdrawal to eXamYo.com by email (firstname.lastname@example.org) within that period of 14 days. In this way the customer can be informed of the procedure for returning the order (return number, shipping method and delivery address).
All merchandise must be returned in its original packaging intact, in perfect condition, without unsealing, nor have been used in case of pins and push-button cameras for hygiene reasons. In the case of watches, the rental fee will be charged (€ 30 including VAT per day) until your return is returned. The client must adapt and take the appropriate measures of protection and packaging of the product for shipment to our warehouses. Otherwise eXamYo.com reserves the right to refuse the return.
Outside of this period, no order revocations will be accepted, nor will orders for the supply of goods made according to the specifications of the Client or clearly personalized, or that, by their nature, can not be returned or may deteriorate or expire quickly; And orders for the supply of sound recordings or video, discs and software that had been unsealed by the Client, as well as computer files, electronically supplied, that can be downloaded or reproduced immediately for permanent use.
The Customer who will be responsible for the direct cost of returning the product to eXamYo.com. Only in the event that the return is due to a shipping error or other causes imputable to us we will take care of the shipping costs through standard mail. We do not accept any return to freight due. The customer will be responsible for any damage caused during the transportation of the return in the product. Returns must be delivered to destination within 14 days after receipt of the product. Otherwise it will be rejected and returned.
When the Customer has exercised the right of withdrawal or the right of withdrawal, once received the merchandise and verified that it is in perfect condition eXamYo.com will be obliged to return the sums paid by the Client less the expenses of shipments, payment commissions, expenses Of return as bank charges, plus processing and cancellation costs estimated at 20€. The return of these sums will be made as soon as possible and, in any case, within a maximum period of thirty days from the withdrawal or resolution.
10. Obligations of the client
Read the present General Conditions prior to registration as a customer. Respect the General Conditions once the order is accepted.
Pay the agreed prices at the time of placing the order.
11. Obligations of eXamYo.com
Deliver the product in good condition at the posted shipping location.
Respect the price of the orders agreed at the time of completion of the same.
12. Customer Rights
Receive the products that make up your order in perfect condition.
13. Rights of eXamYo.com
Receive payment of orders.
Modify the prices established in your Web for your products.
Modify the delivery times of the product depending on the availability of the same.
Cancel orders for non-payment by the Customer.
Cancel the Web without prior notice.
For the purposes of notifications, requests and writings of any kind to which this contract gives rise, the address of eXamYo.com shall be understood as indicated in the present General Conditions.
15. Validity of clauses
Even if a clause of this contract or one of its parts is invalid or inapplicable, the rest of the clauses or parts thereof will continue to be valid and valuable.
16. Applicable regulations
These General Conditions are governed by current Spanish legislation, and specifically by: Civil Code, Law 26/84 of June 19 General for the Defense of Consumers and Users, Law 7/98 of April 13, General Conditions of the Recruitment, Law 7/96 of 15 January on the Ordinance of Retail Trade, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, Law 23/2003 of July 10, Guarantees on the Sale of Consumer Goods and the regulations that develop them.
The Conditions of Use of the website www.eXamYo.com are set out below:
2. Ownership of this website
This website is owned by eXamYo.com All rights to its contents, images, texts, design and software are property of eXamYo.com.
All elements of this website, including without limitation, its design and contents are protected by the laws of Intellectual Property, Industrial Property and international treaties relating to Copyright.
3. Use of Content
Unless explicitly authorized by eXamYo.com, you may not reproduce, transmit or otherwise exploit the content of this website in any way.
Although eXamYo.com makes every effort to ensure the accuracy and accuracy of the content of this website, it may contain errors or inaccuracies. Consequently we do not guarantee the accuracy, reliability or accuracy of its content.
eXamYo.com disclaims liability for information contained in third party websites connected by links, with the eXamYo.com Web site.
Under no circumstances will eXamYo.com be held responsible for any damage or injury of any kind arising out of, or in connection with, the use of this website.
You must indemnify eXamYo.com against any damages resulting from a breach by you of these conditions or the use of the content of this website without prior authorization.
If any provision of these conditions is void or becomes invalid or becomes non-enforceable under applicable law, such provision would have no effect, but only to the extent of that lack of validity, and will not affect any other stipulations of the Present conditions.
6. Legislation and applicable jurisdiction
These General Conditions must be interpreted and are governed by current Spanish legislation. Any dispute arising from these conditions must be settled in the courts of Toledo, Spain. However, this will not prevent eXamYo.com from exercising the right to resolve any litigation in another competent jurisdiction.
eXamYo.com reserves the right to change the content of this website at any time and without prior notice.
8. Privacy fully guaranteed
Organic Law 15/1999, of December 13, Protection of Personal Data. The personal data collected will be subject to automated processing and incorporated into the data files of Luis Corraliza Sánchez, being responsible for its maintenance and use.
The Client guarantees that the Personal Data provided to eXamYo.com are correct and is responsible for communicating any changes in them. The data owner may exercise the rights of access, rectification and, as the case may be, cancellation, by sending an e-mail to: email@example.com