1. ACCEPTANCE OF THE GENERAL CONDITIONS

1.1. These general conditions of purchase (the “General Purchase Conditions”) regulate the purchase by the Customer (the “Customer”) of the products sold by the Seller (“Seller”) through the Marketplace of the website (“Marketplace ”) Owned by TELEFONZONE SL with CIF B88500947 (“ TEC-HEALTH.COM website ”). These General Conditions of Purchase are completed and supplemented with the particular conditions that may be established and, where appropriate, with the Conditions of Use and Policy for the Protection of Personal Data included in the General Conditions of Use of the Portal where the Marketplace is hosted. (hereinafter, the Contract).

1.2. For the purposes of the provisions of these General Conditions of Purchase, the products are directed exclusively to the Client, a natural or legal person who acts as consumer or final recipient, being prohibited any professional activity of reselling or distributing the products.

1.3 These General Conditions are part of the contract of sale between the provider and the user. Any purchase of products through this website implies the knowledge and express acceptance of these Conditions.

The user or client will be understood as the Internet user who acquires this condition, by registering on the website, using a form and to which user codes and password are assigned, over which he has full responsibility for use and custody. , being responsible for the veracity of the personal data provided to the provider, as we will see in the User Registration section Acceptance

By accepting these Conditions, the User declares:

  1. That he is a person with the capacity to contract according to current regulations.
  2. That you have read and accept these Conditions.

1.4 These General Conditions of Purchase will be applicable to each and every one of the purchases of products by the Client from the Seller formalized through the TEC-HEALTH.COM website. The Client acknowledges that he has the legal capacity to be bound and acquire the products, and agrees to be bound by these General Purchase Conditions. In the case of individual Clients, only those over eighteen (18) years old resident in the European Union with a delivery address in Europe may purchase the products. Legal entity Clients must be residents of the European Union and have a delivery address in Europe. In the case of sales to users outside the European Union, the specific conditions will apply to them.

1.5 Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale created between the provider and the user at the time the latter accepts the purchase during the online contracting process through the mechanisms set out below.

The contractual relationship of sale entails the delivery by the seller integrated in the platform, in exchange for a specific price and publicly exposed through the website, of one or more specific products.

Each of these products may be subject to a specific regulation through the particular contracting conditions of each of them, of which more detail will be given in the section on guarantee, returns, withdrawal, or in the product’s own technical sheet, due to the different formats in which the products are marketed, their packaging or their very nature.

1.5. Validity or Duration

The period of validity or duration of these Conditions and particular contracting conditions will be the time that they remain published on the aforementioned website and will be applicable from the moment the User makes use of the website, and / or proceeds to the contracting of any of the products published online through said platform.

  1. PURCHASE PROCESS: ORDER AND ACCEPTANCE

2.1. The Client may place his order through the TELEFONZONE SL Marketplace, after identifying himself on the TEC-HEALTH.COM Website. The Products offered, along with their characteristics and price will appear on the screen. The User may register on the web, for which they will enter the personal data required as mandatory, they will be name and surname, email and password. Registering as a user of the store will provide you with access to the purchase of products and the receipt of informative bulletins / newsletter with information about the company and its products.

The user, where appropriate, will select a username and a password, committing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of the loss or theft of them or of possible access by a unauthorized third party, in such a way that the provider proceeds to the immediate blockade. The user has full responsibility for its use and custody, being responsible for the veracity of the personal data provided to the provider.

The user will not be able to choose as a user name words that have the purpose of confusing others by identifying him as a member of the provider, as well as abusive, insulting expressions and in general, contrary to the law or the requirements of morality and good manners.

We inform you that your personal data will be treated in any case subject to the provisions of current regulations on data protection. For more information, you can consult our privacy policy in the section called Legal Notice.

2.2. The Customer, as a registered user, may add the product he wishes to purchase in the shopping cart, according to the instructions on the screen.

2.3. Once the purchase process is completed, TEC-HEALTH, on behalf of the Seller, will provide the Customer with a confirmation of the purchase made, which will include the information regarding the purchase of the product requested by the Customer. At this time, the Contract will be formalized and will mean full acceptance by the Client of the Seller’s commercial offer made through the TELEFONZONE SL Marketplace and of the applicable conditions.

2.4. The Customer, when making the purchase, makes the payment of the product according to the selected payment method.

2.5. Each purchase is subject to the procedures for verifying product availability by the Seller and payment by the Customer. The Seller may reject the order in the event of unavailability of the product and / or payment by the Customer. In the event that the products are on request or that there is no stock, delivery times may vary. In this case, to know your situation, you should contact our Customer Service department.

2.6. The product supplied by the Seller will correspond to the descriptions and specifications provided to the Customer during the purchase process. The information on each product includes a short description, the price (including taxes), as well as information on the availability of the product.

2.7. In case of unavailability of the requested product at the time of processing the order, which must be exceptional, the Seller will inform the Customer and proceed to reimburse the amount thereof.

2.8. The Client may consult the status of their order through the TEC-HEALTH.COM website

2.9This merchant agrees not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or influence them negatively. The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. We also promise not to sell medications.

  1. PRICE AND PAYMENT

3.1. The price of the product will be the one in force at the time of placing the order. The price offered to the Client is the final price, which includes the legally applicable taxes, as well as the applicable fees.

3.2. However, the price may be increased later if the Client purchases from a Seller located outside the European Union. In this case, the Customer may have to pay tax, customs and / or tariff duties that will be added to the sale price of the product. The sale is carried out under the Incoterms DDP (Delivered Duty Paid) terms. The seller is responsible for the risks and costs of placing the merchandise at the agreed point, excluding fees, taxes and any other official expense derived from importation into the destination country. The buyer must bear any additional cost and assume the risks derived from the lack of dispatch of the merchandise in the importing country due to actions of its competent authorities.

3.3. The amount of shipping costs will be paid together with the payment of the corresponding price. Shipping costs are indicated in a detailed manner at the time of ordering.

3.4. The Customer may select any of the payment methods made available to him for the payment of the Seller’s products. The Client will usually have the following means of payment: credit or debit card. By authorizing the payment, the Client confirms that he is the legitimate owner of the means of payment used.

3.5. Credit and debit cards will be subject to checks and authorizations by their issuing entity. If the issuing entity does not authorize the payment, the order cannot be formalized.

3.6. The Seller will send, if requested, along with the product, the invoice that the Customer must keep in case of exchange or return and for the provision of the appropriate guarantees as a means of proof of the date of acquisition, model and product purchased from the Seller.

  1. PRODUCT DELIVERY

4.1. The product will be delivered to the Customer, who must sign the delivery note.

4.2. The requested product will be delivered to the Customer within the period expressly indicated for each product, it being understood that said delivery period refers to working days, which will be counted from the date of confirmation of the order by the Seller. It will be understood that the Customer cancels his order if he cannot be located or is not at the designated address in any of the two (2) collection or delivery attempts that the Seller will manage, proceeding in that case to return the amounts paid for the product, except for the expenses derived from the user’s actions. In the event that a package is not received within the indicated period, an investigation will be carried out together with the carrier that could last several days (the approximate period is fourteen (14) business days). During this time,

We advise you to check that everything is in accordance with your order and that the package packaging is in perfect condition when you receive your package, then sign with reservations and indicate by hand on the carrier’s delivery note if you found any anomaly upon receipt. When opening your package, if you find that the delivered items are not in accordance with your order or are damaged, please contact our Customer Service. Products shipped by suppliers do not facilitate the installation and operation of the products.

In this delivery policy, the parties are subject to the provisions of DIRECTIVE 2011/83 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011 on consumer rights, which amends Directive 93/13 / EEC of the Council and Directive 1999/44 / EC of the European Parliament and of the Council and Directive 85/577 / EEC of the Council and Directive 97/7 / EC of the European Parliament and of the Council and DIRECTIVE 1999/44 are repealed / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of May 25, 1999 on certain aspects of the sale and guarantees of consumer goods, Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws as well as other applicable legislation at all times.

All the delivery times set on the web are estimated, and therefore the consumer client accepts this circumstance.

The term is not an essential condition of the contract and late performance is expressly agreed that it does not frustrate the legitimate interests of the buyer. For this to be considered, it must be expressly stated by the buyer in writing sent to the company prior to the purchase.

If the consumer does not receive the order in the approximate time set, he can order us to proceed with said delivery in an additional period appropriate to the circumstances. If, due to circumstances beyond our control, it is still impossible for us to deliver the goods within said additional period, the consumer will have the right to terminate the contract.

It will be understood in all sales, unless expressly stated otherwise in advance of the sale by the consumer, that the delivery period is not an essential requirement of the contract.

If the contract is terminated, we will reimburse you without undue delay for all amounts paid under it.

In case of complaints about the legal conditions of application in the sale, delivery and eventual withdrawal of products through our website, we will send your complaint to our legal department who will be able to contact you on our behalf so that they can process and resolve your case with due diligence appropriate to the circumstances.

4.3. The risk of loss or damage to the product will pass to the Customer upon delivery of the product.

  1. Guarantee Policy

New products carry a mandatory 2-year limited manufacturer’s warranty, in accordance with consumer laws, from the date of delivery. Refurbished products carry a 1-year limited warranty, in accordance with consumer laws, from the date of delivery. Some accessories come with different warranty periods, due to the nature of product design, manufacture, or intended use. The batteries have a 6-month warranty. The limited warranty only covers product defects caused by workmanship or materials of construction. To file a claim, please present your original proof of purchase (invoice), model and serial number of the product, as well as photographic evidence that the product was defective upon arrival,

Any repair and replacement services covered by this warranty, along with shipping charges, will be free for one year. If the product is not covered by the guarantee, it is the customer who must bear the transport costs of € 10, the amount of which will be paid before sending the terminal back to the customer.

TELEFONZONE may use rebuilt or new parts and components when repairing any product. Alternatively we can completely replace the defective product with a rebuilt, reconditioned or new product.

Please note that we only offer after-sales service in the areas where we ship (this includes repairs and / or replacements / returns)

The limited warranty does not cover:

  1. Defects or damage caused by accident, negligence, misuse or abnormal use; abnormal conditions or improper storage; exposure to liquids, moisture, sand, or dirt; unusual physical, electrical, or electromechanical stresses.
  2. Scratches, nicks, and cosmetic damage, unless factory-made.
  3. Defects or damage resulting from excessive force or use of metal objects
  4. Deterioration due to ordinary use.
  5. Defects or damage resulting from the use of the product in conjunction with accessories, products or auxiliary / peripheral equipment that has not been supplied or approved by the manufacturer.
  6. Any physical defect or damage resulting from improper testing, operations, maintenance, installation, service, or adjustments not supplied or approved by the manufacturer.
  7. Defects or damages resulting from external causes such as collision with another object, fire, floods, earth, hurricanes, lightning, earthquakes, exposure to weather conditions, theft, blown fuse or improper use of any electrical source.
  8. Defects or damages resulting from the reception or transmission of the mobile signal, or from viruses or other software problems introduced into the product.
  9. Products not purchased through TEC-HEALTH.COM.

If the Product is not in accordance with the Contract, the Customer may choose, free of charge, to replace or repair the product, unless one of these two options is objectively impossible or disproportionate.

5.3. The repair suspends the computation of the two (2) years of warranty. The suspension period will start from when the Customer makes the product available to the Seller and will conclude with the delivery of the repaired product. If the repair is completed and the product is delivered, it is still not in accordance with the Contract, the Customer may demand the replacement of the product, unless this option is impossible or disproportionate; the price reduction or the termination of the Contract.

5.4. The Seller will proceed to replace or repair the product, provided that:

  1. a) The Client informs the Seller of the lack of conformity in writing, within thirty days of becoming aware of it.
  2. b) It is proven that such lack of conformity is of origin and does not come from the irregular use of the product.
  3. c) The product is delivered to the Seller.

The replacement suspends the warranty period of two (2) years from the exercise of the option by the Customer until the delivery of the new product.

Please contact TEC-HEALTH Customer Service for inquiries regarding the Limited Warranty.

  1. Claims Policy

By virtue of art. 40 of Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of litigation in consumer matters, it is made clear to customers that they may go to the consumer offices in their provinces, the company being able in each specific case to accept or not the arbitration submission, depending on the circumstances of the case. The company is not attached to an entity for the alternative resolution of consumer disputes nor is it bound by a standard or code of conduct to participate in the procedure before a specific entity.

  1. Returns and Exchange Policy

If for any reason you are not satisfied with your product, you can request a return within 30 calendar days of delivery. Once we accept your request and receive the product, we will give you a full refund.

Return requests made outside of the 14 day period will not be accepted. Likewise, our company may decide not to accept requested returns in the following circumstances:

  1. Defects or damage caused by misuse, neglect, physical damage, product alterations, improper fit, deterioration from ordinary use, or improper installation after purchase.
  2. If the only reason for return is price fluctuation.

In all cases, the product will be investigated and the failure verified. To be eligible for a replacement or refund, devices must be in “as-new” condition and if possible with the original packaging seal intact. Accessories must be hermetically sealed in their original packaging. We reserve the right to refuse a refund if we believe that the returned product has been damaged.

The refund of the amount of your order may take between 30-60 estimated days.

Please contact TEC-HEALTH Customer Service at 691-14-09-92 to request a return. – or ab through the mail; info@tec-health.com The withdrawal model is optional and you can make your request through any other form of reliable and unequivocal communication.

  1. RESPONSIBILITIES: LIMITATIONS AND EXEMPTIONS

8.1. Unless expressly provided otherwise in these General Purchase Conditions, the Seller’s liability in relation to any product will be limited to the purchase price of said product, except in those cases in which such limitation does not apply by law. The Provider pays great attention to information regarding the characteristics of the products through technical descriptions from its collaborating companies and manufacturers, and from photographs that illustrate the products. All this is done within the limits of the technique and respecting market standards.

This descriptive sheet will include a contact form in case you wish to obtain more detailed information. Or for greater ease, you can have a link to expand the information as much as possible.

8.2. Notwithstanding the provisions of the preceding paragraph, and to the extent that it is legally permitted, and unless otherwise provided in these General Purchase Conditions, the Seller will not accept any responsibility for the following losses, regardless of their origin:

  • Loss of income or sales.
  • Loss of business.
  • Loss of profits or loss of contracts.

8.3. The Seller will not be responsible for any breach or delay in the fulfillment of any of the obligations set forth in these General Conditions of Purchase, the cause of which is due to events that are beyond its reasonable control (“Force Majeure Cause”). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of the Seller and among others, the following:

  • Strikes, lockouts or other industrial action.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

8.4. It will be understood that the obligations of the Seller derived from this Contract will be suspended during the period in which the Force Majeure Cause continues, and will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Force Majeure. Higher. The Seller will use all reasonable means and diligence to try to fulfill its obligations despite the Cause of Force Majeure.

  1. TELEFONZONE AS A SERVICE PROVIDER: DISCLAIMER OF LIABILITY

9.1. TELEFONZONE, as the owner of the Marketplace, acts as a mere intermediary between the Seller and the Customer and will not assume responsibility of any kind in relation to sales made directly by the Seller to the Customer, even though TELEFONZONE appears in the communications with the Customer. In that case, TELEFONZONE appears as a mere intermediary without maintaining any relationship with the Client in relation to the products sold by the Seller. Notwithstanding this, any information or claim that TELEFONZONE receives in this regard will be sent directly to the Seller.

9.2. TELEFONZONE will not assume responsibility of any kind for direct or indirect damages caused as a result of the Seller’s actions against the Client. By way of example and not limitation, TELEFONZONE will not be liable for the lack of availability of the Seller’s product, for the rejection of an order from the Seller, for the lack of payment of the order, for the misuse of the Marketplace by the Seller, for the Lack of diligence in the action of the Seller against the Client or due to the lack of compliance with the regulations that are applicable to the activity of the Seller and the products that it promotes and markets or for any other reason or circumstance derived from or as a consequence of the action of the seller.

  1. RIGHT OF WITHDRAWAL

10.1. The Customer may exercise their right to withdraw from the contract without indicating the reason for a period of 15 calendar days from the date of material receipt of the product.

10.2. The right of withdrawal may be exercised through the following channels:

  • Through written communication through the web, entering the section “my orders”.
  • Through the following withdrawal form:

“To the attention of the Seller. I hereby inform you that I am withdrawing from my contract of sale of the following good:

  • Order number:
  • Order received on:
  • Name of consumer and user:
  • Domicile of the consumer and user:
  • Signature of the consumer and user (only if this form is submitted on paper):
  • Date:”

10.3. The return will include the total amount of the purchase but in no case, the delivery costs. The return will be made in the same means of payment with which the product was purchased. The Seller informs that the direct return costs will be borne by the Customer. It is calculated that this cost is approximately the cost, in euros, of shipping the products.

10.4. The Client will return the products subject to withdrawal without any undue delay within a maximum period of fourteen (14) calendar days from the date on which he communicates his decision to withdraw to the Seller. The refund of the amount corresponding to the withdrawal will be made within a period of fourteen (14) calendar days from the date on which the decision to withdraw from the Contract has been effectively and unequivocally communicated and provided that the Seller has previously received the product. Otherwise, the disbursement may be withheld until the receipt of the product or until the Client certifies the return of the same.

10.5. The Client will be responsible for the decrease in the value of the product resulting from its manipulation other than that necessary due to its nature, its characteristics or its operation.

10.6. In any case, in order to make use of the right of withdrawal, it is necessary that the product be returned in its original packaging together with a copy of the invoice, if applicable, and all its components. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. Notwithstanding all the above, the right of withdrawal and / or resolution is excluded in those cases in which, due to the very nature of the goods to be acquired, it is impossible to carry it out, without prejudice to the corresponding claim for damages. and damages suffered, as well as in the event of not meeting the following conditions:

The product must be in perfect condition, with its original packaging without deterioration, including, where appropriate, cork protectors and plastic covers.

The product must be accompanied by all accessories and accessories, such as remote control, battery, software, support, cover, manual and documentation if applicable.

In the case of computers, no refund will be accepted when the user does not provide the username and password that allow it to be turned on and check its status. Both elements must be written on the return form that will accompany the product.

Returns of products manufactured or created to order or customized to the client, such as custom computers, digital development, personalized products and similar, will not be attended, unless they are due to manufacturing or transport defects.

10.7. The Seller will make available to the Client through the sales channel the model form for the exercise of the right of withdrawal.

  1. DATA PROTECTION

Responsible for the Treatment. The person responsible for the treatment of the Customer’s data is the entity that appears identified in the Purchase process as a Seller and from which the Customer purchases the product.

Purposes. The personal data that the Client provides within the framework of this contract for the acquisition of the Seller’s products through the TELEFONZONE Marketplace will be processed for the following purposes:

  • Identify and be able to contact the Customer in order to inform him of actions or issues related to the order placed with the Seller.
  • Control, manage, maintain and execute the pre-contractual and contractual relationship between the Seller and the Client.
  • Carry out as many steps as necessary in relation to the management of the order placed with the Seller through the TELEFONZONE Marketplace
  • Conduct satisfaction surveys.
  • Automated individual decisions will not be made in relation to the Client.
  • Treat and communicate the data within the framework of preparatory and review actions and acts, prior to commercial operations of any nature, by way of example and not limitation, merger, spin-off, global transfer of assets and liabilities, contribution or transfer of business or branch of business activity, or any corporate restructuring operation of a similar nature, contemplated by commercial regulations; as well as within the framework of the aforementioned commercial operations.

Legitimation. The legal basis for the treatment of the data is the development of the contractual relationship, as well as the legitimate interest and the express consent in those cases in which it is applicable.

Data retention. The data provided will be kept for as long as necessary in order to guarantee compliance with the legal obligations that correspond to the Seller in the framework of the sale carried out through the TELEFONZONE Marketplace and with respect to its relationship with the Customer.

Communication and access to data. The Seller within the framework of the sale of its products through the TELEFONZONE Marketplace, and for the purposes set forth in this clause, may communicate and allow access to the Customer’s data to the service providers that the Seller requires in order to manage the Customer’s order: authentication and access management service providers, marketing (including cloud marketing), Web analytics, payment processing, digitization and deletion of information, home delivery, customer service.

International data transfer. The Seller declares that the Customer’s personal data is not transferred outside the European Economic Area.

In the event that the Seller transfers the Client’s personal data outside the European Economic Area, it will adopt the appropriate guarantees in accordance with its legal obligations, in order that the personal data is, at all times, adequately safeguarded regardless of the country. concerned. The Seller undertakes that personal data are processed by adopting the necessary legal measures, ensuring that the entity receiving the data subscribes to the standard clauses adopted by the European Commission.

For any question about data protection, the Customer may contact the contact address set up for this purpose by the Seller through the “check your orders” section of the TELEFONZONE website.

Rights. The Client may, under the terms established in the data protection regulations in force at any time, and in accordance with the regulations, revoke at any time the authorization granted for the treatment and transfer of personal data, as well as exercise the rights of access, rectification, deletion, opposition, the right to request the limitation of the processing of your personal data, the right to portability and the right to file a claim with a control authority. To do this, you can write to the contact address set up for this purpose by the Seller through the “check your orders” section of the TELEFONZONE website.

MISCELLANY

  • The Seller and the Customer act in their own name and right.
  • None of the Parties may assign their rights, interests, obligations or responsibilities that they acquire by accepting these General Conditions of Purchase or delegate said responsibilities without the prior written agreement of the other Party.
  • If any wording or clause of these General Conditions of Purchase is considered invalid, illegal or not enforceable for whatever reason, this will not affect the validity of its other clauses.
  • The Seller may modify the General Purchase Conditions at any time. The modifications made will not affect in any case the purchases that have been made previously. The Seller will inform of the modification of the General Conditions of Purchase one (1) month in advance of the date of entry into force of the new text.
  1. APPLICABLE LAW

12.1. These General Purchase Conditions are subject to the law of the seller’s place.

12.2. In the case of the Client having the condition of consumer, the Courts and Tribunals competent will be competent for the purposes of the protection legislation to the same, as provided in the current consumer regulations.

 

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