TERMS AND CONDITIONS
PLEASE READ THESE CONDITIONS
The present General Conditions will expressly regulate the relations arising between DAVI Y COMPAÑÍA, SL, calle Murcia, CIF B08043952 (“DAVI&CIA“) and the third parties (“Users”) that are registered as users and/or purchase products through the online store of the official website of DAVI&CIA (“Store”)
The User agrees, in general, to use the Store, to acquire the products and to use each of the services of the Store diligently, in accordance with the law, morals, public order and the provisions of these Conditions General, and must also refrain from using them in any way that may prevent, damage or deteriorate the normal operation and enjoyment of the Store by Users or that could injure or cause damage to the property and rights of DAVI&CIA, its suppliers, Users or in general of any third party.
AVAILABILITY AND ACCESS TO THE WEB
DAVI&CIA does not guarantee in any case the availability and continuity of the functioning of the website or services, which may suffer interruptions for reasons beyond the company’s control. DAVI&CIA excludes any type of liability for damages that the lack of availability of the website may cause its users or customers.
Users are informed that the use of electronic data transmission systems and electronic mail do not offer absolute guarantees of security. The user and the owner company, mutually exonerate from any type of liability arising from such event (no reception, delay, error, interception, etc.).
PRODUCTS AND PRICES
DAVI&CIA reserves the right to decide, at all times, the products offered to Users through the Store. In particular, DAVI&CIA may at any time add new products to those offered or included in the Store, understanding that unless otherwise provided, such new Products shall be governed by the provisions of these General Conditions. Likewise, DAVI&CIA reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different kinds of Products offered in the Store.
The products included in the Store will correspond in the most reliable way possible that Web display technology allows to the products actually offered. The characteristics of the products and their prices appear in the Store. The prices that appear in the Web, are valid (except for typographical errors or price modification) only for orders made through the Web (installation of the products not included). All prices are expressed in Euros. There is the possibility of showing prices in other currencies. However, the total price will be charged in Euros. The prices shown in the pages of this website are without taxes or shipping costs.
In Spain the Value Added Tax (I.V.A) will be applied, with the exception of the Canary Islands, Ceuta and Melilla (in these territories the expenses of the customs clearance and import taxes will be borne by the customer). In the rest of the countries, it will depend on the area. The I.V.A, the expenses of customs clearance and import taxes will be borne by the customer, if applicable.
PROCEDURE AND FORM OF PAYMENT OF THE PRODUCTS
Within a maximum period of twenty-four (24) hours, DAVI&CIA will send an email to the User, confirming the purchase. This email will assign a reference code of the purchase, and detail the characteristics of the product, its price, shipping costs and the data of the different options to make the payment of the products to DAVI&CIA.
The User who purchases a product through the Store must make the payment through the payment systems specifically detailed in the Store. DAVI&CIA will file the electronic documents in which the contract is formalized, sending a copy to the User once the purchase is made. The contract will be made in the Spanish language. The order confirmation sent by DAVI&CIA is not valid as an invoice, only as proof of purchase. DAVI&CIA will send the corresponding invoice with the product.
The cost of the shipments is not included in the price of the products. At the time of product acquisition, the User will be informed of the exact shipping cost. The price of the Transport depends on the volume of the products, the weight and the shipping area.
Note: The transport of high volume goods does not include the stair climbing service. The products do not include installation or assembly. For areas outside of the peninsula Spain, the customs charges for the destination and taxes in the area are not included.
DAVI & CIA is not responsible for customs withholdings. In case the client refuses to pay the taxes corresponding to the import, the merchandise will be retained in its respective customs. No returns will be accepted.
Important: In the event that it is found at the time of delivery by the carrier, lack of conformity or that the goods are visibly damaged, must be recorded on the delivery note of the carrier and made known to DAVI&CIA so Immediately or within 24 hours after receipt of the goods to the DAVI&CIA after-sales service department, in any case you should always check that the goods have been delivered in perfect condition and it is recommended to always put on the delivery note of the carrier, EXCEPT EXAMINATION, to be able to claim later since otherwise the transporter considers the product reception as agreed.
The products purchased through the Store will be sent to the delivery address indicated by the User once the payment has been verified, with the maximum delivery period being of a maximum of 8 weeks, if the product is not available in stock.
If you need the material urgently, you can check the delivery time by e-mail or by filling in the contact form. Delivery time may vary by manufacturing or import issues.
The delivery service of DAVI&CIA, is carried out in collaboration with different logistics operators of recognized prestige. Orders will not be served in PO Boxes or hotels or other non-permanent addresses.
Note: the delivery times indicated by DAVI&CIA are for guidance, although our company will strive to achieve these deadlines, its delay will not imply the cancellation of the order or any compensation.
The user has a right of withdrawal by which you can contact DAVI&CIA by email at the following address: firstname.lastname@example.org and desist from the purchase within a period not exceeding seven (7) business days, counted from the reception of the product. The product must be sent along with the return form duly completed and a copy of the delivery note or invoice, duly completed. Said refund shall be made in accordance with the instructions given by DAVI&CIA to the User in response to his notification of the withdrawal exercise. The User must return the product within a maximum period of seven (7) days after DAVI&CIA indicates the return method.
Breakage of transport:
Refunds will be accepted for breakages within 24 hours after receipt, if indicated on the delivery note, outside this period the company DAVI&CIA is not responsible.
If you are not satisfied when you receive your order, you have a period of seven (7) days from the date of receipt to execute the right of return.
– Unused item: Complete, seal intact, unused, unstained, original box, not handled, in perfect condition. 100% will be refunded, except shipping, return and handling costs.
– Used article: Open seal, open packaging, used, manipulated, incomplete (missing complements), counters mark excessive use, etc. It will be returned between 50 and 80%, except shipping, return and handling costs. (Depending on the state of the product, the amount or non-acceptance of the refund will be studied)
– Made-to-order or made-to-order items: Returns are not accepted
Note: The shipping and return costs will be paid by the customer, as well as bank charges and product review.
The product must be perfectly packed and protected to avoid damage to the transport otherwise the transport company’s insurance will not be responsible for the damages caused nor will DAVI&CIA be the sole and exclusive responsibility of the client. Also and with the manuals, accessories or promotional gifts included in your case.
Once the merchandise has been received in our warehouses, and after checking the status of the same, we will proceed to the reimbursement of its amount according to the payment method made by the customer.
The Guarantee Certificate guarantees the quality of the product that it protects, under the legally established terms, for a period of one year, from the date of delivery. Deficiencies caused by negligence, bumping, use or improper handling, unsuitable voltage, incorrect installation not carried out by the authorized Technical Service when appropriate, or materials subject to wear and tear due to their normal use are not included. In those incidents that justify the use of the guarantee, will opt for repair, replacement of the item, rebate or refund, in the terms established by law.
DAVI&CIA reserves the right to request an official technical service of the brand, a verification of the origin of the problem. In case of a defect caused by the misuse, the repair will be billable. To make use of the guarantee, it must be previously communicated to our after-sales service department, not being accepted in our stores any merchandise that has not been previously authorized to change, return or repair.
The guarantee will lose its value:
• If some of the data of the same or the proof of purchase are modified, altered or replaced.
• If the guaranteed device itself is handled or repaired without the knowledge of the Technical Service.
• If there is no invoice.
CANCELLATION OF ORDER
The cancellation of an order processed, in the process of manufacturing or importing will cover all expenses such as transportation, customs expenses, etc.
For any incident, claim or exercise of their rights, the User may send an email to the address email@example.com or fill out the Support form.
The User acknowledges that all the elements of the Store and of each of the products, the information and materials contained in them, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in relation to with them, they are protected by intellectual and industrial property rights of the DAVI&CIA itself or of third parties, and that the General Conditions do not attribute to it, with respect to said industrial and intellectual property rights, any other right other than those specifically contemplated therein.
Unless authorized by DAVI&CIA or, where appropriate, by third parties entitled to the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, place available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Store solely for their own needs, forcing themselves not to directly or indirectly commercially exploit the materials, elements and information obtained through the same.
The User must refrain from circumventing or manipulating any technical devices established by DAVI&CIA or by third parties in the Store.
In compliance with Law 15/99 LOPD, we inform you that your personal data and other information provided through the registration form, as well as that coming from the transactions carried out, will be included and kept in a file for processing, property of DAVI&CIA, as long as its cancellation is not requested. The treatment will be destined to the development and execution of the sale, the personalized attention of the products and services that it acquires and to the improvement of said attention, as well as to the promotion of own products and services and of third companies linked to DAVI&CIA.
DAVI&CIA ensures the confidentiality of the data provided and guarantees that, in no case, will they be assigned for any other use without the prior and express consent of our clients.
The User may exercise at any time the rights of access, rectification, opposition or cancellation by contacting DAVI Y COMPAÑÍA, S.L. (Ref LOPD), C/Murcia, 35. Nave G. Can Calderón Polígon Industrial. E08830, Sant Boi de Llobregat (Barcelona) Spain, by email to firstname.lastname@example.org, attaching a copy of your N.I.F. or substitute identifier document.
The answers marked with * in the registration form are mandatory. Your non-response will prevent you from making the purchase of the selected products.
DAVI&CIA will facilitate the use of personal passwords to the user who registers as such on the website. These passwords will serve to access the services provided through the Website. The user must keep under his/her sole responsibility the passwords in the strictest and absolute confidentiality, assuming, therefore, all damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the user. The User undertakes to notify DAVI&CIA immediately of any unauthorized use of his password, as well as access by unauthorized third parties to it.
If the User does not want a cookie to be installed on his hard disk, he must configure his Internet browsing program to not receive them. Likewise, the User may destroy the cookies freely. In the event that the User decides to disable cookies, the quality and speed of the service may decrease and, even, he will lose access to some of the services offered in the Store.
APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish legislation. Any controversy arising from the interpretation or execution that may arise in relation to the validity, interpretation, compliance or termination of this contract shall be subject to the Jurisdiction the city of Barcelona, waiving the jurisdiction that may correspond to the User, provided that the applicable legislation so permits.