General Contracting Conditions and Information for the Client
Update: March 2018
1) Scope of application
1.1 These General Contracting Conditions of HYSOGEO CLEAN ENERGIES, S.L. (hereinafter referred to as "the seller") apply to all contracts concluded between a consumer or employer (hereinafter referred to as "the customer") and the seller in relation to goods or services exhibited by the seller by direct commercial action, in your App., your Web page or in your online store. The client's own conditions are excluded, unless otherwise agreed.
1.2 For the purposes of these general contracting conditions, consumers or users are natural persons who act, above all, with a purpose unrelated to their commercial, business or independent professional activity. An entrepreneur is considered to be any natural or legal person who, when concluding a legal transaction, acts directly or through another person in his name or following his instructions, with a purpose related to his commercial, business or independent professional activity.
2) Conclusion of the contract
2.1 The descriptions of products and services that appear in the commercial offers, the website and the online store of the seller do not imply any binding offer on their part, but are intended to present the customer with a future binding offer.
2.2 The client may request his offer through the online order forms integrated into the App., the website, the seller's online store, as well as the various commercial action supports designated by him to publicize his offer .
In the forms of the Web, after entering your personal data, the client click on the button that concludes the budget request process. Said request will be sent in this way to the seller who will attend as soon as possible the content of the latter, confirming its reception by means of communication to the customer's email.
In the online store, after entering your personal information, the customer clicks on the button that concludes the order process and presents, in this way, a legally binding contractual offer in relation to the goods or services included in your shopping cart.
2.3 The seller can accept the client's request within a period of five days, in the following ways:
- communicating to the client the confirmation of the order in writing or in the form of a text (fax or e-mail), for which the access to it by the client will be decisive, or
- delivering the requested merchandise to the customer, for which the access to it by the customer will be decisive.
If several of these alternatives are given, the contract will be perfected at the time when the first of the aforementioned alternatives occurs. In the event that the seller does not accept the offer of the client within the period indicated above, it will be considered that he has rejected the offer and, consequently, the client will no longer be bound by his declaration of will.
2.4 The deadline for accepting the offer will start on the day following its delivery by the client, and will end with the second day following the delivery of the offer. If the last day of the period falls on a Saturday, Sunday or general holiday recognized by the State at the place where the seller is based, the next business day shall be taken into account.
2.5 When an offer or quotation is requested through an online form of the seller, the seller will store the text of the contract and send it to the customer after sending his order, together with these GTC and customer information, in the form of a text (eg email, fax or letter). In addition, the text of the contract will be filed on the seller's website and the customer can access it free of charge through his client account protected by password, indicating the respective data for the start of session, as long as he created an account of customer on the Web, App or online store of the seller before sending your order.
2.6 Before making your binding order through the online forms of the seller, the customer can correct their data at any time using the usual keyboard and mouse functions. In addition, before making your binding order you will be shown all the data once again in a confirmation window, and you can correct them using the usual keyboard and mouse functions.
2.7 The processing of the order and the taking of contact are carried out in general by email and automatic processing of the order. The client must make sure that the email address provided for the processing of the order is correct, so that he can receive at that address the emails that the seller sends him. In particular, in case of using spam filters, the customer must ensure that all emails sent by the seller himself or through a third party authorized by him to process the order can be received.
2.8 If the client acts as a consumer, the language of formalization of the contract will be the official / s of the State where the client resides.
3) Price and payment terms
3.1 The prices indicated by the seller are net prices, they do not include the legal tax on the added value (which is specified separately in the breakdown of the price of the product). When additional delivery or shipping costs are applied, they will be indicated in the corresponding product description separately.
3.2 Given the different variations in the treatment of legal tax on added value and current regulations for both cross-border operations and specifically intra-community operations; The client is responsible for correctly providing their tax data, and especially their registration in the ROI (Register of Intra-Community Operators) or not to define the VAT treatment on their invoices. HYSOGEO will issue the invoices according to the data provided by the client, and therefore disclaims any responsibility in this regard. Likewise, it reserves the right to review the veracity of said data (in particular the VIES database) and, in the event of a suspected lack of veracity, reject the operation without any kind of responsibility with the client.
3.2 The customer has various payment methods offered through the seller's website.
3.4 If payment is agreed in advance, this will be due immediately after the conclusion of the contract.
4) Delivery and shipping conditions
4.1 The delivery of the goods is carried out regularly by sending them to the delivery address indicated by the customer. For the processing of the transaction, the delivery address indicated in the processing of the seller's order will be decisive.
4.2 When the transport company can not deliver the goods sent to the customer and, consequently, must return them to the seller, the customer will bear the unsuccessful shipping costs. This will not apply, if the customer exercised his right of withdrawal, if the customer was not responsible for the circumstances that have made delivery impossible or when temporarily prevented from receiving the offered service, unless the seller has announced the benefit with a reasonable time in advance.
4.3 If the client is an entrepreneur, the risk of loss and fortuitous deterioration of the products sold is assumed by the client as soon as the seller has delivered the merchandise to the transport company, the carrier or any other person or company to whom it is sold. I would have entrusted the realization of the shipment.
If the customer is a consumer, the risk of loss and fortuitous deterioration of the products sold in principle is not assumed by the customer or the person authorized to receive the merchandise until the moment of delivery of the same. On the other hand, if it is the customer who ordered the shipment to the transport company, the carrier or any other person or company to whom the shipment was entrusted and the seller had not previously mentioned that person or company to the customer, the risk of loss and fortuitous deterioration of the products sold will also be assumed by the client, even when he is a consumer, as soon as the seller has delivered the merchandise to the transport company, the carrier or any other person or company to whom the realization of the shipment.
4.4 The collection by the Customer in the Seller's warehouse is not possible.
5) Liability for defects
5.1 The legal regulations on liability for defects will be applied. It refers to the legal rights of consumer guarantee in accordance with the General Law for the Defense of Consumers and Users.
5.2 In the case of used goods, the limitation period for claims for consumer defects shall be one year from the delivery of the merchandise to the customer with the restrictions listed in the following section.
5.3 In order for claims to correct defects to be valid, it is necessary for the consumer to communicate the defect to the seller within two months of its detection.
5.4 Limitations of liability and reductions of the limitation periods established above shall not apply:
• to articles that have not been used in a construction according to the intended use and that have caused the defective state of this;
• to damages derived from attempts against life, physical integrity or health due to a fraudulent or negligent breach of the seller or to a wilful or negligent breach of a legal representative or a person acting on behalf of the seller;
• to other damages and losses due to a wilful or grossly negligent breach of the seller or to a wilful or grossly negligent breach of a legal representative or another person acting on behalf of the user; as well as
• in case the seller has hidden the defect intentionally.
6) Applicable law and jurisdiction
6.1 If the client acts as a consumer according to section 1.2, all legal relationships between the parties shall be governed by the national law of the State in which the client has his habitual residence, excluding the United Nations Convention on the international sale of personal property. , and the exclusive jurisdiction for all disputes arising from this contract will be that of the customer's address.
6.2 If the client acts as a trader in accordance with section 1.2, all legal relationships between the parties shall be governed by the national law of the State in which the seller has his registered office, excluding the United Nations Convention on the International Sale of Personal Property , and the exclusive jurisdiction for all disputes arising from this contract will be that of the seller's registered office.
7) Alternative dispute resolution
7.1 The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a single window for the out-of-court settlement of disputes relating to contractual obligations arising from purchase contracts or the provision of online services to which a consumer is a party.
7.2 The seller is not obliged or willing to participate in a dispute resolution process before a consumer conciliation body.
Warning for the treatment of waste batteries:
Batteries contain valuable raw materials that, although toxic, can be recycled. Therefore, waste batteries should not be disposed of in the domestic waste but should be disposed of separately. Merchants are obliged to accept the return of waste batteries, consumers on their part are obliged to take them to an appropriate collection point.
Batteries subject to mandatory recycling carry the symbol of a crossed-out wheeled bin in the packaging. The chemical symbols below the waste container indicate the harmful substance contained:
Pb = Lead
Cd = Cadmium
Hg = Mercury
Of course we accept the delivery of all batteries purchased at HYSOGEO, and we will recycle them properly.
For this, a request will be sent to Hysogeo by any of the means available to the customer that will be answered with the instructions to follow for the recycling process.
The environment and HYSOGEO will thank you.
Hysogeo Clean Energies, S.L.
C/ Maruja Gutiérrez, nº 17
36500 Lalín- Pontevedra
SPAIN - E.U.
CIF: ES B36589950
Commercial Registry of Pontevedra
Manager: Juan Carlos Santaló Barrios
Data protection statement
We appreciate your visit to our website and your interest in our company and our products and services. We believe that it is important to protect your private sphere when using our website and, therefore, we ask you to pay attention to the following information:
1) Collection, processing and use of your personal data.
Our website can be accessed without having to communicate personal data. Only personal data that have been provided voluntarily for the conclusion of contracts, account opening or contact making will be collected. The aforementioned data will be used exclusively without express consent for the execution of contracts and for the management of customer inquiries. After full processing of the contract and after the deadlines established by tax and commercial law, the data will be deleted.
Likewise, it will be possible to collect personal data when registering to receive our newsletter. The consent of the use of the data for advertising purposes through our newsletter will be provided.
The subscription can be cancelled by clicking on the link provided for this purpose or by sending us a message. After cancelling the subscription, the data will be permanently deleted.
2) Transfer of personal data
The personal data of the client will be provided to the contracted transport company in order to execute the contract, insofar as it is necessary for the delivery of the merchandise. For the settlement of the payment, the data will be transmitted, if necessary, to the credit entity in charge of managing it.
A cookie is a small text file that is stored in your computer system. It is noted that some cookies are transferred from our server to your computer system, although in this case it is called session cookies.
Session cookies disappear from the hard drive once you close your browser.
Other cookies remain stored on your computer to facilitate identification in subsequent visits to the website (so-called permanent cookies). Cookies can be rejected at any time, as long as the browser allows it. It must be taken into account that you may not have certain functions or only in a limited way, if you decide not to accept cookies from our website.
4) Web Analysis Service
If the option to anonymize the IP on this website is activated, the IP address will be shortened previously by Google in the Member States of the European Union or in other contractual states of the Agreement on the European Economic Area. Only in exceptional cases, the complete IP address is transmitted to a Google server in the USA and it's shortened there.
On behalf of the operator of this website, Google will use this information to evaluate the way you use this website, collect reports on their activities on the website and provide other services related to the use of the website and Internet for the operator of the website. The IP address transmitted by your browser within the Google Analytics margin will not be reunited with other data stored in Google. You can prevent the storage of cookies if you make the corresponding adjustment in the software of your browser, but we note that then you may not be able to use all the functions of this website in all its scope. In addition, we offer you the possibility to download and install a plug-in for your browser through which you can prevent Google from collecting and processing the data generated by the cookie (including your IP address), related to your use of this site. Web. To download this plug-in, click on the following link: tools.google.com/dlpage/gaoptout.
This website uses Google Analytics with the code extension «_anonymizeIp ()». Therefore, Google Analytics will only process the IP addresses in a shortened manner so that the user can not be identified using the shortened IP address
5) Information about the rights of customers and contacts
The customer has the right to receive free information about their data as well as its rectification, blocking or elimination of these.
Contact us directly for any questions related to the collection, processing and use of your personal data. You can also request information, blocking, cancellation and correction of your personal data and revocation of consent.
The contact addresses are listed in our "Legal Notice" section.
HYSOGEO - Conditions of Internet use
1. HYSOGEO assumes no responsibility for the topicality, accuracy, completeness or quality of the information provided. Any right to demand liability against HYSOGEO, caused by the use or non-use of the information presented or by the use of faulty or incomplete information, is excluded, unless intentional or grossly negligent negligence is demonstrated by HYSOGEO.
2. All offers are subject to confirmation and without obligation. HYSOGEO explicitly reserves the right to modify, complete, eliminate or suspend offers or publications in whole or in part and without prior notice.
3. All trademarks and trademarks mentioned in our web pages are subject absolutely to the current trademark rights and to the rights of possession of the corresponding owners. The fact that trademarks and trademarks are mentioned on the page does not mean that they are free of the rights of third parties.
4. The copyright for objects published and created by HYSOGEO will remain in the hands of HYSOGEO. Any reproduction or use of such graphics, texts and sequences or audiovisual documents in other electronic or printed publications without prior authorization is strictly prohibited.
5. As long as HYSOGEO grants the user the opportunity to publish their own texts on www.hysogeo.com, for example, through product evaluations, tagging, comments or other functions, they will be subject to the following restrictions :
• In principle, all texts that contain immoral, pornographic, non-juvenile content or that glorify violence are prohibited. The same applies to content that promotes violence or racial discrimination, or that is offensive or whistle-blower.
• The evaluations of the products and the "tags" are neither a means of communication between the users nor are they designed to give an evaluation about us. The same applies for any criticism not related to the product, as well as inappropriate observations. Evaluations should be based very well, to be as transparent as possible for other users.
• Abstain from notes or glossary changes that do not correspond to the facts.
HYSOGEO does not grant the user any right to publish the texts written by him and reserves the right to delete those texts that infringe the aforementioned precepts. In the case of a deliberate infringement we reserve explicitly judicial measures.
By placing their texts, the user transfers to HYSOGEO the absolute, irrevocable and unlimited exploitation rights.
Please, let us know of texts that seem improper or scandalous and that do not correspond with our rules. The texts in question will be examined immediately.
6. These provisions are considered part of each of HYSOGEO's online offers and although some parts or expressions of the text (already) do not correspond totally or in parts to the current legal situation, the other parts of this document remain intact with respect to its content and its vigour.
Guarantee / Quality guarantee
Information on the right of withdrawal & Model withdrawal form
Consumers have the right of withdrawal in accordance with the following conditions, understood as consumer any natural person who holds a legal business with a purpose that can not be attributed mainly to their commercial activity or to their independent professional activity:
Information on the right of withdrawal
You have the right to revoke this contract within a period of fourteen days, without giving reasons.
The term for the revocation is fourteen days from the day on which you or a third person that you have named and that is not the sender, has taken possession of the last merchandise.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unambiguous statement (using, for example, a durable support such as a letter sent by postal mail, fax or email). You can use the withdrawal form model below, although its use is not mandatory. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the right of withdrawal be sent before the withdrawal period expires.
Consequences of withdrawal
In case of withdrawal, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the choice of a different mode of delivery than the least expensive delivery method). ordinary we offer) without any undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We can withhold reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first.
You must return or deliver the goods to us, without any undue delay and, in any case, no later than within 14 days from the date you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the period of 14 days has ended.
The direct expenses of the return of the merchandise will be at your expense. The direct costs of returning goods that can not be returned by ordinary mail due to their nature (goods of great weight or volume) will be estimated at approximately 199.00 Euros for each merchandise of this type.
You will only be responsible for the depreciation of value of the goods resulting from a manipulation different from that necessary to establish the nature, characteristics and operation of the goods.
Exclusion or early expiration of the right of withdrawal:
The right of withdrawal does not apply to contracts whose purpose is the supply of goods made according to the specifications of the consumer or clearly personalized.
The right of revocation expires in advance in contracts whose purpose is the supply of sealed goods that are not suitable for being returned for reasons of health protection or hygiene and that have been unsealed after delivery.
The right of revocation expires prematurely in contracts whose purpose is the supply of sealed audio or video recordings or of sealed computer programs that have been unsealed by the consumer after delivery.
Avoid damaging or soiling the goods. Send us as much as possible the merchandise in the original packaging with all accessories and packaging components. If necessary, use an outer wrap to protect the packaging. If you no longer have the original packaging, use adequate packaging to adequately protect the contents of the damage caused by transport. Keep in mind that the above general indications are not a condition for the effective exercise of the right of withdrawal.