Conditions of Use
DAVI Y COMPAÑÍA, S.L.
C/ Murcia, 35. Nave G
Polígono Industrial Can Calderón
E08830 Sant Boi de Llobregat (Barcelona)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
These General Terms and Conditions shall expressly govern the relationships that arise between DAVI Y COMPAÑÍA, S.L., Murcia street, with Tax Registration Number B08043952 (hereafter, "DAVI & CIA") and the third parties (hereafter, "Users") who register as users and /or purchase products through the official DAVI & CIA website online store (http://www.davicia.com", hereafter the "Store").
The User agrees to use the Store to purchase the Products and to use each of the services of the Store diligently under the law, morality, public order and provisions hereof. He must also prevent himself from using the said Products or services in any way that may prevent, damage or deteriorate the normal operation and use of the Store on the part of the Users or that may harm or cause damage to DAVI & CIA goods and rights as well as to those corresponding to its suppliers, Users or, in general, any third party.
AVAILABILITY AND ACCESS TO THE WEB
DAVI & CIA does not guarantee in any case the availability and continued operation of the website or services which may suffer interruptions caused by events beyond the company.
DAVI & CIA excludes any liability for damages that the lack of availability of the website may cause to their users or customers.
Users are informed that the use of electronic data transmission and electronic mail do not offer absolute guarantees of safety. The user and the holding company exempt each other from any liability arising from that fact (no reception, delay, error, interception, etc.).
PRODUCTS AND PRICES
DAVI & CIA reserves the right to decide, at all times, the Products that are offered to the Users through the Store. In particular, DAVI & CIA may at any time add new Products to the ones offered or included in the Store, understanding that unless otherwise provided, such new Products shall be governed by the provisions of these General Terms and Conditions. Also, DAVI & CIA reserves the right to stop providing or facilitating the access and use at any time and without prior notice of any of the different types of Products that are offered in the Store.
The Products included in the Store shall match, as truly as the website display technology allows, the Products effectively offered. The characteristics of the Products and their prices are displayed in the Store.
The prices appearing on the Web are valid (except where typing errors or price adjustments have occurred) and are exclusive to orders made on the Web.
Installation or assembly of the products is not included in the price.
All prices are shown in Euros. There is a possibility of showing prices in other currencies. But the total price will be charged in Euros.
The prices shown on the pages of this website are quoted excluding taxes and delivery costs.
In Spain, IVA (Value Added Tax) will be applied, with exception of the Canary Islands, Ceuta and Melilla (in these territories delivery expenses and import taxes levied by customs will be the responsibility of the client).
In all other countries will depend on the area. VAT, customs clearance charges and import taxes will be borne by the customer, whether to apply.
PRODUCT PURCHASE AND PAYMENT METHODS
Within a maximum term of twenty-four (24) hours, DAVI & CIA shall send an e-mail to the User confirming the purchase. This e-mail shall give a purchase reference code and shall give detail of the characteristics of the Product, its price, shipping & handling costs and those corresponding to the several options regarding the payment thereof to DAVI & CIA.
The User who purchases a Product through the Store must make the payment using the payment options specifically detailed in the Store.
DAVI & CIA shall file the electronic documents formalising the contract and shall send a copy to the User once the purchase has been made. The contract shall be drawn up in Spanish.
The confirmation of the order sent by DAVI & CIA is not valid a invoice, but it’s simply a purchase receipt. DAVI & CIA shall send the invoice with the Product to which it refers.
SHIPPING AND DELIVERY COSTS
The cost of shipping is not included in the price of the Products. Upon purchase of the Product, the user will be informed of the exact cost of shipping.
The price depends on the volume and weight of the Products, as well as on the delivery zone.
NOTE: The transport of large volume goods does not include the service of carrying them upstairs in the delivery address.
Prices do not include installation nor assembly of the products.
Prices do not include expenses charged by customs for deliveries to destination zones outside the Spanish peninsula nor local taxes within the destination zone.
DAVI & CIA is not responsible for products holdup at customs. If the client refuses to pay the taxes corresponding to the importation, the goods will be holdup in their respective customs. No returns will be accepted.
IMPORTANT: Once the material has been received, please ensure that the product has not been damaged in transit or by the delivery company. Any damages must be noted in writing in the delivery note. All of our deliveries are insured against damage of goods during transportation as indicated in the delivery note. The client has to inform DAVI & CIA within 24 hours of the accident, otherwise neither the transportation company nor DAVI & CIA will be held responsible for the damaged product.
Products purchased through the Shop will be sent to the delivery address that the User indicates after verification of payment. The maximum delivery time is 8 weeks at most, in the event of not having the product in stock.
If the material is needed urgently, you can check the delivery time by email or by filling out the contact form.
Delivery time can vary depending on manufacturing or importing issues.
The DAVI & CIA delivery service, is carried out in collaboration with several prestigious logistics operators. Orders will not be delivered to PO Boxes, hotels or other non-permanent addresses.
NOTE: The delivery times indicated by DAVI & CIA are for guidance. Although our company will endeavor to meet these deadlines, the delay does not imply the cancellation of the order or any compensation.
The User has the right to waive the purchase, for which he may contact DAVI & CIA at the following e-mail address: firstname.lastname@example.org and waive the purchase within a period of no more than seven (7) working days as of the Product reception. The Product should be sent together with the fully completed return form and a fully completed copy of the delivery note or of the invoice thereof. Such return shall be performed in accordance to the instructions that DAVI & CIA gives to the User in reply to his waiver notification. The User must return the Product within the maximum term of seven (7) days after DAVI & CIA indicates the User to do so.
• For breakage in transport:
Returns will be accepted for breakages within the 24 hours after receipt, if specified on the delivery note. Outside this period the company DAVI & CIA is not responsible.
• Other returns:
If you are not satisfied with your order, you can exercise your waiver right during the seven (7) days following the receipt.
1. Item not used.
Full, seal intact, unused, unblemished, original box, not manipulated, in perfect condition.
Will be refunded 100%, except shipping, return and handling costs.
2. Used item.
Precinct open, open package, used, manipulated, incomplete (missing accessories), meters indicate excessive use. Etc.
Will be refunded between 50 and 80%, except shipping, return and handling costs. (Depending on the condition of the product, the amount or the rejection of the return will be taken into consideration).
3. Tailor-made items or items manufactured on special request.
Returns are not accepted.
Note: Shipping and return costs will be borne by the customer as well as bank charges and product review.
The product must be well packed and protected to prevent damage in transit. Otherwise, the shipping company insurance shall not be liable for damages, nor DAVI & CIA, being the sole responsibility of the customer. The manuals, accessories and promotional items included in the shipment of the product must also be returned.
Upon receipt of the merchandise in our warehouses and after checking the state of the items, we will proceed to refund the amount according to the payment method used by the customer.
The Warranty Certificate, guarantees the quality of the product which covers, in the legally established terms, for a period of one year from the date of delivery.
This does not include defects caused by negligence, knocks, use or misuse, unsuitable voltage, improper installation not performed by the authorized Technical Service when appropriate, or materials subject to wear from normal use.
Products that are covered by the warranty will be eligible for a repair, replacement, discount or refund, in the terms established by law.
DAVI & CIA reserves the right to request a product verification to an official technical service. In the event of a defect caused by misuse, repair will be billed.
To make use of the warranty, the User must first inform our customer service department, not being accepted at our warehouse any merchandise that has not been previously authorized to its exchange, return or repair.
The warranty shall cease:
• If you change, alter or replace some of the data of the warranty or proof of purchase.
• When handling or repairing the warranted product without knowledge of the Technical Service.
• If lacking the bill of purchase.
CANCELLATION OF ORDER
The cancellation of any order which has been processed and is consequently being manufactured or imported will incur all related expenses such as transportation, customs etc.
CUSTOMER CARE SERVICE
For any defect, claim or exercise of his rights, the User may send an e-mail to the following address email@example.com or fill the Technical Support form.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges that all elements of the Store and of each of the Products, the information and materials contained therein, the trademarks, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to the said Products are protected by intellectual and industrial property rights belonging to DAVI & CIA or to third parties, and that in regards to these industrial and intellectual property rights the General Terms and Conditions do not give him any other rights than those specifically covered thereof.
Unless authorised by DAVI & CIA or, as the case may be, by the third-party holders of the corresponding rights, or except if allowed by law, the User shall not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available, or allow access to the public through any way of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he has access through the use of the Store solely for his own needs, agreeing not to perform whether directly or indirectly, any commercial use of the materials, elements and information obtained thereof.
The User must prevent himself from avoiding or handling any technical devices established in the Store by DAVI & CIA or by third parties.
In compliance with the Personal Data Protection Act 15/99, we are informing you that your personal details and other information provided by means of the registration form and from the transactions made, shall be included and kept on a file belonging to DAVI & CIA, until you request it to be cancelled. The treatment thereof shall be used for the performance and execution of the sale, the personalised care of the products and services that you purchase and the improvement thereof as well as the promotion of proprietary products and services and those of third companies related to DAVI & CIA.
DAVI & CIA shall treat these data with the utmost confidentiality, being the sole and exclusive recipient thereof, and shall not make any assignments or communications to third parties other than those stated by current regulations.
The User may, at any time, exercise the rights of access, rectification, opposition or cancellation by addressing DAVI Y COMPAÑÍA, S.L. (ref. LOPD), C/ Murcia, 35. Nave G. Polígono Industrial Can Calderón. E08830 Sant Boi de Llobregat (Barcelona) España, or by means of e-mail addressed to firstname.lastname@example.org, to which a copy of his ID. Number shall be attached thereto.
Fields marked with an * on the registration form are mandatory. Failure to answer the said questions shall prevent the purchase of the selected products from being completed.
DAVI & CIA shall provide personal passwords to the user who signs in on the website. These passwords shall be used to have access to the services provided by the Website. The user must keep the passwords under his exclusive liability in the strictest and most absolute confidentiality, therefore being liable for the damages or consequences of any kind that arise from the breach or disclosure of the password. For security reasons, the user may change the telematic access passwords to the services related to the Website at any time. The User agrees to immediately inform DAVI & CIA of any unauthorised use of his password and of any access to the said password by unauthorised third parties.
Should the User not want a cookie to be installed on his hard drive, he should configure his Internet browser in such a way that it does not accept the said cookies. In the same way, the User may freely destroy the cookies. In the event the User decides to disable the cookies, the quality and speed of the service may diminish and he may even lose access to some of the services offered in the Store.
APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by Spanish legislation. Any dispute arising from the interpretation or execution that may occur in relation to the validity, interpretation, fulfilment or termination of this contract shall be submitted to the Jurisdiction of the Courts of the City of Barcelona, and the User shall waive his jurisdiction as long as the applicable law allows the said waiver.