Contracting conditions and clauses

Introduction

This contractual document shall govern the General Conditions for contracting products (hereinafter "Conditions") through the website https://recuperation.eu/es/owned by RECUPERAT-ION ELECTROLITOS, S.L. under the trademark RECUPERAT-ION, hereinafter PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by RECUPERAT-ION ELECTROLITOS, S.L.

It is the responsibility of the USER to read them periodically, as those in force at the time of ordering will be applicable. RECUPERAT-ION ELECTROLITOS, S.L. will file the electronic document where the purchase is formalized and will have it available to the USER if requested.

Contracts shall not be subject to any formality with the exception of the cases expressly stated in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is set forth herein.

  • Is a person with the necessary faculties to contract.

  • Assumes all the obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the user is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is RECUPERAT-ION ELECTROLITOS, S.L., with registered office at Raval Santa Anna, 43-45, 3- 2, 43201, Reus, Tarragona, NIF B62546650 and customer service telephone 934344212.

And on the other hand, the USER, registered on the website by means of a username 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.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she can notify it to info@recuperat-ion.com so that RECUPERAT-ION ELECTROLITOS, S.L. corrects them as soon as possible.

The USER can keep his data updated by accessing his user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons regarding to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and a password, undertaking to make diligent use of the latter and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the aforementioned or any possible access by an unauthorized third party, so that the latter can proceed to its immediate blocking.

Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.

2. Shipment and delivery of orders.

3. Right of withdrawal.

4. Force majeure.

5. Jurisdiction.

6. Generalities of the offer.

7. Price and period of validity of the offer.

8. Transportation costs.

9. Method of payment, costs and discounts.

10. Purchasing process.

11. Dissociation and suspension or termination of the contract.

12. Warranties and returns.

13. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply the acceptance by the USER of the previously stipulated 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.

SHIPMENT AND DELIVERY OF ORDERS

The PROVIDER shall not ship any order until it has verified that payment has been made.

The shipment of goods will usually be made by EXPRESS MESSENGER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to execute the contract remotely

In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will 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.

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 deemed 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.

The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, require the correction of such lack of conformity, the reduction of the price or the termination of the contract. In any of these cases the USER may also demand, in addition, compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set forth in this contract.

It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://recuperation.eu/es/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it is a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the term for its exercise shall end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info2@recuperat-ion.com indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the stipulated cost to the USER by previously informing the USER through the same communication channel used.

Once the USER has received the return number, the USER shall send the product to the PROVIDER, indicating this number on the letter of shipment, with the transport costs at the address of RECUPERAT-ION ELECTROLITOS, S.L., at the USER's expense.

4. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

5. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

Should any provision of these conditions be considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

6. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of RECUPERAT-ION ELECTROLITOS, S.L. or to what is stipulated herein shall have any effect, unless expressly agreed in a writing signed by the PROVIDER, in which case these particular agreements shall prevail.

7. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and will be 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 is 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 in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

8. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, nor installation or unloading costs, or complementary services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated by the weight of the products and by the delivery address.

9. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and makes possible the forms of payment of an order as stated in the online store.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that mIght have the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brands' programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

10. PURCHASING PROCESS

Any product from our catalog can be added to the shopping cart. In the shopping cart, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets 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 basket you can place an order following the next steps for its correct formalization:

1. - Verification of the invoicing data.

2. - Verification of the shipping address.

3. - Selection of the payment method.

4. - Placing the order (purchase).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another one to the USER's e-mail confirming that the order has been placed.

Orders (purchase requests)

Prior to the confirmation of the order, information on the status of the order and the approximate shipping and/or delivery date will be provided.

11. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE AGREEMENT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, these shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prevent or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

12. WARRANTIES AND RETURNS

The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. Any dispute that may arise from the provision of products or services covered by these Conditions shall be subject to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is immovable.

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