B2C TERMS AND CONDITIONS
1. PRIOR INFORMATION AND CONDITIONS OF SALE
These Terms and Conditions (hereinafter, the "Terms and Conditions") govern the access to, browsing of and use of the website https://beta2.sulion.es/ (hereinafter, the "Website"), with telephone number 916774540 and e-mail address info@sulion.es, which is owned by SULION DIGITAL S.A., with tax identification number (CIF) A28763647, with registered office at calle Verano 51 – P.I. Las Monjas, 28850 Torrejón de Ardoz, registered in the Commercial Registry of Madrid, Volume 5245, Folio 60, Sheet M-85871 (hereinafter, "SULION"). These Terms and Conditions are addressed exclusively to those consumers and users, as defined by Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, "the LGDCU"), registered on the Website who wish to obtain SULION products for their own use and enjoyment, without the commercial purpose of reselling or distributing them to any third party (hereinafter, "the User" or "the Users"), and shall be supplemented by the Particular Conditions applicable in each case as established on the Website or attached to these Terms and Conditions, as well as by the Legal Notice, the Privacy Policy and any other document included by SULION on the Website or any other documents and information provided to the User at any time. By contracting SULION's services and by accepting these Terms and Conditions, the User declares that he/she has read and accepts their content, as well as the content of the Particular Conditions that may be applicable. These are the only Terms and Conditions applicable to the contracting of SULION's services (without prejudice to the fact that particular conditions may exist for certain services, which the User shall have to accept) and they replace any other conditions, written or oral, in any format, that may have been agreed with the User. These Terms and Conditions apply to any order for products placed by the User with SULION through the Website, and may be adapted and amended at any time, the applicable version being the one in force on the date on which the User places the order. To this end, SULION will attach a copy of the Terms and Conditions in force on the date of the order to the order confirmation e-mail. SULION reserves the right to make as many amendments as it deems appropriate to these Terms and Conditions, in which case it will inform the User at least one (1) month before the date on which such amendments enter into force.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
Any order placed through the Website implies, on the part of the User, the express and unreserved acceptance of these Terms and Conditions. By accepting these Terms and Conditions, the User warrants that he/she is 18 years of age or older and/or that he/she has sufficient legal capacity and capacity to act in order to enter into them and be bound by them. In this respect, the User warrants that he/she will hold SULION harmless at all times against any third-party claim or damage arising from the breach or falsity of this warranty. The User must create an account and register on the Website so that SULION can process the orders placed. Once the User has created the account and registered on the Website, the User may access his/her account at any time through the "Customer Area" section. The User shall be solely responsible for his/her access credentials to the "Customer Area", and SULION shall under no circumstances be liable for their loss, alteration, fraudulent use or for any action carried out by the User or by a third party who has, in any way, gained access to the User's credentials. Likewise, the User warrants that the information provided to SULION at all times, including that provided when placing the order, will be complete, accurate and up to date, and SULION shall under no circumstances be liable for any errors in such information. In order to place orders for SULION products, the User must complete the following steps: • Register in the "Customer Area". • Confirm his/her status as a User, completing the information indicated. • Log in with his/her credentials. • Place the order by choosing the selected products. • Proceed to pay the total amounts indicated in the Basket. The offers for SULION products, as well as the products themselves, shall only be valid while they are visible on the Website and within the limits of available stock. In the event of the exceptional unavailability of a product after an order has been placed by a User, SULION will inform the User using the User's contact details. If no joint solution is found, the order placed by the User will be cancelled and the amount paid will be refunded by SULION, using the payment method used by the User, within a maximum period of fourteen (14) calendar days. In the event that a SULION product is requested by several Users simultaneously, taking into account the availability of that product, it will be sold to the Users according to the order in which the product was requested. The other Users will be informed by SULION of the cancellation of the order and the amounts paid will be refunded to them within 14 calendar days.
3. PRICE AND METHOD OF PAYMENT
The prices for SULION products for the User are those in force on the Website at the time the User places the order, without prejudice to any offers, promotions and/or price differences that SULION may reflect and notify to the User at any given time. The prices of SULION products will always be offered in euros, and will be shown excluding the corresponding VAT, which will be added to the final invoice prior to the purchase of SULION products by the User. The validation of each order by the User entails the obligation to pay the total price indicated in the corresponding "Basket". The different means of payment available to the User are the following: • Credit or debit card (Visa, Mastercard, Maestro, etc.). • PayPal. • Bank transfer. If this means of payment is requested, the bank details will be shown at the time of payment. In any event, SULION states that the prices indicated on the Website do not reflect the minimum orders in relation to the payment of shipping costs, which are as follows: Mainland Spain: • Shipping paid for a minimum net order of: €200 • Net order under €200: shipping cost €6 • Remaining stock: minimum order of €100. Spain, Balearic Islands: • Shipping paid for a minimum net order of: €400 • Net order under €200: shipping cost €14 • Remaining stock: minimum order of €100. Spain, Canary Islands: • Shipping paid for a minimum net order of: €1,000 • Net order under €1,000: shipping cost €40. IGIC (Canary Islands indirect tax), customs duties and local charges shall be borne by the customer in all cases.
4. DELIVERY TIMES FOR SULION MATERIALS
Delivery times are approximate and non-binding. Failure to meet the delivery time does not entitle the User to terminate the purchase contract. The delivery schedule is structured as follows: • Orders received before 1 p.m. are dispatched from the following 24 working hours. • Orders received after 1 p.m. are dispatched from the following 48 working hours. • Collection of orders at the SULION warehouse: from 1 p.m. in accordance with the provisions of the previous sections. Users who wish to collect their order at the SULION warehouse must receive express written confirmation from SULION. Once the User has completed and paid for the order, and it has been dispatched by SULION, it will be delivered within approximately 1 to 3 days, the average delivery time in Spain being 2 days. The User is aware that no deliveries are made on Sundays and public holidays, or on any other days which, for any reason, are not considered working days. Likewise, SULION states that if two products ordered by the User in the same order have different delivery times, both will be delivered together, taking as a reference the product with the longest delivery time.
5. WARRANTY
All SULION products presented on the Website enjoy the applicable legal warranty and requirements, as well as the absence of hidden defects, for a period of 3 years from the delivery of the SULION products. SULION states that the products, being delivered new and in their original packaging, shall be free from defects in materials and workmanship for a period of 3 years from delivery, except for hidden defects unknown to SULION. The User must report any non-conformity with SULION products, once received, within a maximum period of two (2) years. Notification of any hidden defects or faults must be made by e-mail with acknowledgement of receipt and read receipt, during working hours, to the address sat@sulion.es or through the contact form provided for this purpose. In the event of incorrect operation, SULION shall, at the User's discretion, repair the product or replace it. If the product has not been shipped and the User exercises his/her right of withdrawal, SULION will refund the amounts paid within 14 days of notification by the User. If the SULION product has been delivered, the refund will be made within 14 days of the return of the SULION product by the User. This warranty covers any damage or malfunction caused by a manufacturing defect, provided that the product is operating within the installation and electrical parameters for which it was designed and which are governed by current legislation, in suitable temperature environments, without aggressive agents that could prematurely damage the components and bodies of the luminaire. If notification of the existence of hidden defects is not made in the manner described in these Terms and Conditions, they will not be considered as such and will be excluded from the warranty provided by SULION. Likewise, SULION will provide details of the warranties for SULION products upon their delivery. The limited warranty does not apply to loss of or damage to the product caused by: negligence; abuse; improper use; improper handling; incorrect installation, storage or maintenance; damage caused by fire or act of God; vandalism; civil unrest; power surges; inadequate electricity supply; fluctuations in the electric current; installation in corrosive environments; induced vibrations; oscillation associated with the movement of air currents around the product; alteration; accident; failure to comply with the installation, operating and maintenance instructions established by SULION; inadequate maintenance of the product carried out by anyone other than SULION or the maintenance service provider authorised by SULION. This limited warranty does not include labour and field service charges relating to the repair or replacement of the product. The limited warranty shall be void if the product is not used for the purpose for which it was designed. SULION reserves the right to use new, reconditioned, refurbished, repaired or reprocessed products or spare parts in the process of repair or replacement under the warranty. Such products and spare parts shall be comparable in terms of function and performance to an original product or spare part, as determined by SULION at its sole discretion, and shall be warranted for the remainder of the original warranty period. Under no circumstances shall SULION be liable for incidental, compensatory, consequential, indirect or special damages, among others. In all cases, SULION's total liability with respect to a defective product shall be limited to the sums paid to SULION for that defective product. The warranty offered by SULION does not cover: • Wear and tear resulting from normal use of the products. • Defects and their consequences relating to errors in the use, storage, handling or any other exploitation by the User. • Damage resulting from any external cause and/or any cause beyond SULION's control. In any event, the warranties provided by SULION shall be subject to a prior study and analysis carried out by SULION and/or a third party designated by SULION in order to certify that the reason for the claim is well founded. If all the terms and conditions of the warranties for SULION products are met, SULION will refund, replace or repair the damaged product, at the User's discretion, at no cost to the User, within a maximum period of 14 calendar days.
6. SHIPPING AND DELIVERY
The User can follow the progress of his/her order at any time in his/her account, and may receive an e-mail at each stage of delivery. SULION products are shipped with different carriers, which will be selected at SULION's sole discretion (which may, where appropriate, offer different options to Users), depending on the size and weight of the SULION products ordered, the delivery address, etc. The User who places the order will receive an e-mail when placing the order with the tracking number and the link to SULION's website and/or the carrier's website in order to track the order, which may also appear on the Website. The User is aware that no modifications to orders are accepted once they have been placed.
7. CANCELLATION OF ORDERS
Users may cancel an order provided that it is not being prepared. To do so, they must send a message to pedidos@sulion.es or call 916774540, stating the order number. If your order has already been prepared, cancellations are not possible. Once you have received the package, you may withdraw from one or more of the products.
8. RETURNS AND REFUNDS
Users may always return an order; to do so, they must send a message to pedidos@sulion.es or call 916774540, stating the order number. As established by the regulations, the consumer and user shall have the right to withdraw from the contract within a maximum period of 15 calendar days without needing to give any reason and without incurring any cost, other than those provided for in articles 107.2 and 108 of Royal Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users. The amount of the returns will be refunded using the same means of payment used for the purchase.
9. LIABILITY
SULION is not liable for interruptions, delays or unavailability of SULION products on the Website due to maintenance work, interruptions of the Internet network, technical failures, cases of force majeure, or any circumstance caused by any third party over which SULION has no control. The Website may contain information from third parties unrelated to SULION and, therefore, SULION does not guarantee the accuracy or completeness of the information provided by such third parties and available on the Website. Likewise, SULION shall under no circumstances be held liable for occasional errors that may occur on the Website for any reason.
10. DURATION OF THE RELATIONSHIP BETWEEN SULION AND USERS
Users may access and purchase SULION products through the Website provided that they are registered on it. Notwithstanding the foregoing, the obligations, rights and responsibilities assumed during the term of the relationship between SULION and the Users shall remain in force after the deregistration requested by the Users, and until they have been fully fulfilled.
11. FORCE MAJEURE
The Parties may suspend or terminate the provision of services within a shorter period than that indicated in the previous clause for reasons of Force Majeure. "Force majeure" means the occurrence of an event or circumstance ("Force Majeure Event") that makes it impossible or prevents a party from performing one or more of its contractual obligations under the Terms and Conditions, to the extent that the party proves: a) that such impediment is beyond its reasonable control; b) that it could not reasonably have been foreseen at the time of entering into and accepting the Terms and Conditions; and c) that the effects of the impediment could not reasonably have been avoided or overcome by the party. The Party invoking Force Majeure must in any event demonstrate that the effects of the impediment could not reasonably have been avoided or overcome: a) war (whether declared or not), hostilities, invasion, acts of foreign enemies, extensive military mobilisation; b) civil war, riots, rebellion and revolution, usurpation of power — military or otherwise —, insurrection, acts of terrorism, sabotage or piracy; c) currency and trade restrictions, embargo, sanction; c) act of a public authority, whether lawful or unlawful, compliance with any law or government order, expropriation, seizure of works, requisition, nationalisation; d) plague, epidemic, pandemic, disaster or extreme natural event; e) explosion, fire, destruction of equipment, prolonged interruption of transport, telecommunications, information systems or energy; f) general labour disturbances such as boycott, strike and lock-out, work-to-rule, occupation of factories and premises. The Party that successfully invokes Force Majeure shall be relieved of its duty to perform its obligations under the Terms and Conditions and of any liability for damages or any other contractual penalty for breach of the Terms and Conditions, from the moment the impediment caused the inability to perform, provided that notice is given without delay. If notice is not given without delay, the exemption from liability shall be effective from the moment the notice reaches the other party. Each party may suspend the performance of its obligations, where appropriate, from the date of the notice.
12. INTELLECTUAL PROPERTY
All elements that are integrated, or may be integrated in the future, anywhere on the Website, including, by way of example but not limitation, copyright, trademarks, patents, designs, graphics, texts, icons, domain names, logos, trade names, trade secrets, source and/or object code or any other similar sign or element, are the exclusive property of SULION, or SULION has the corresponding authorisations for their exploitation and inclusion on the Website, and retains all intellectual property, industrial property or any other rights over such elements, which may not be subsequently modified, copied, altered, reproduced or adapted by the User. SULION's structure, features, codes, working methods, information systems, development tools, methodologies, processes, technologies or algorithms are the property of SULION or of its suppliers, having been, in the latter case, licensed or assigned by SULION's suppliers. These elements and those indicated in the previous section are protected by the current regulations on intellectual and industrial property, and specifically by Royal Legislative Decree 1/1996 of 12 April, approving the consolidated text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the matter (hereinafter, "LPI"), by Law 17/2001 of 7 December on Trademarks (hereinafter, "LM") and by any other applicable regulations, the copying, modification, alteration, reproduction or adaptation by the User of any SULION element being prohibited. Making SULION products and any other associated materials available to the User does not imply, under any circumstances, the transfer of ownership or the granting of a right of use in favour of the User other than that indicated in the provisions of these Terms and Conditions for the User. Consequently, any use by the User of SULION products or associated materials without SULION's authorisation is strictly prohibited, including their exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition or public communication, which, if they occur, would constitute infringements of SULION's Intellectual or Industrial Property and, as a result, SULION may bring such legal claims as it deems appropriate against the User in order to claim the damages caused by the breach of its Intellectual Property, Industrial Property and any other rights.
13. OBLIGATIONS AND RESPONSIBILITIES OF THE USER
The User may only use SULION's products and services in accordance with the purposes set out in these Terms and Conditions. The User undertakes to use SULION's products and services in accordance with the laws and regulations in force, as well as with public order and accepted standards of behaviour. In this respect, the User undertakes essentially to comply with the regulations on intellectual property rights and personal data protection. The User essentially warrants that his/her use of SULION's products and services: (i) does not violate the provisions of a previously concluded Contract; (ii) does not infringe the intellectual property rights of third parties, nor the protection of minors and human dignity; (iii) complies with the specific regulations governing his/her activity; (iv) complies with the requirements of the applicable laws and regulations; (v) does not contain any inaccurate, false or in any way misleading information or statements; (vi) does not contain any information or data whose content is considered unlawful, offensive, slanderous, insulting, defamatory, racist, xenophobic, obscene, abusive, threatening or discriminatory; (vii) is not liable to compromise SULION's liability or to damage its image. The User shall be liable for any damage or loss that the User, SULION, other SULION companies and/or third parties may suffer as a result of the User's own breach of the obligations assumed under these Terms and Conditions. In order to verify the User's compliance with these Terms and Conditions, and to ensure the safety and proper use of SULION products, SULION reserves the right to carry out any type of control and/or audit it deems appropriate. Likewise, the User undertakes to use and handle SULION products in accordance with the instructions given for each SULION product. Any use of SULION products which in any way differs from the instructions provided by SULION, and which results in a malfunction of the respective products, may entail the loss, by the User, of the legal warranty indicated in these Terms and Conditions.
14. OBLIGATIONS AND RESPONSIBILITIES OF SULION
SULION will provide SULION products directly with its own resources or through the collaboration of third parties. SULION may subcontract all or part of the services provided to companies specialising in the sector, and the User expressly authorises SULION to subcontract such services by accepting these Terms and Conditions. SULION is expressly subject to a simple obligation of means and shall not be liable for operating defects in SULION products. In this respect, the User accepts that SULION products may have hidden defects as indicated in these Terms and Conditions. SULION's liability shall not be engaged if its services or products are unavailable due to reasons of force majeure or fortuitous events. In the event of hidden defects, the conditions set out in these Terms and Conditions shall apply. In this respect, SULION reserves the right to suspend the provision of the services described in these Terms and Conditions in accordance with clause 9 hereof. SULION may under no circumstances be held liable for damages of any nature, including but not limited to pecuniary or non-pecuniary damages, direct, indirect, ancillary or incidental damages, loss of profits or loss of earnings resulting from the use or the temporary impossibility of using SULION products, and/or from the inaccuracy of the information that the User communicates to third parties in relation to them.
15. DUTY OF CONFIDENTIALITY
All data received by the User, in any format (text, image, video or sound), must be protected with the same level of security that would be applied to any of the User's own confidential information. Confidential Information is deemed to be any information to which the User has access by virtue of the provision of services defined herein, including, by way of example but not limitation, any technical, industrial, financial, customer, product, trade secret, know-how or market information, etc. If any judicial or administrative authority requires the User to provide any type of information related to the services governed by these Terms and Conditions, the User shall inform SULION as soon as possible and, in any event, within a maximum period of 24 hours and always before providing said Confidential Information to the judicial or administrative authority, in order to have SULION's cooperation and to determine what information needs to be provided.
16. PERSONAL DATA PROTECTION
The parties state that they are aware of and comply with Spanish and European legislation on the Protection of Personal Data, and specifically with the GDPR, the LOPDGDD and the LSSI. SULION states that the User's personal data will be incorporated into files owned by SULION for the purpose of managing the contract entered into between the parties and the performance of the services described herein. The User may exercise his/her rights of access, rectification, restriction of processing, erasure, portability and objection at the e-mail address protecciondatos@sulion.es. If you consider that your rights have not been properly satisfied, you may lodge a complaint with the Spanish Data Protection Agency (https://www.aepd.es/es)
17. BREACH
Breach of the User's obligations established in this agreement shall give rise to a right in favour of SULION to terminate any commercial or contractual relationship existing between the two parties, notwithstanding the actions that SULION may take in defence of its interests for the damages caused by the User's conduct. Prior to such measure, SULION may contact the User and request all information about the incident that gave rise to the breach of this agreement. At this point, SULION may issue instructions to the User so that the latter may remedy the breach incurred. If, within the non-extendable period of 5 calendar days from SULION's communication requesting that the breach be remedied, the User has not remedied it, the right of contractual termination shall come into force. Accordingly, the User shall hold harmless, defend and indemnify SULION against all damage, liability and cost that may arise as a result of a third-party claim against SULION, and/or its directors and/or representatives and/or employees of any position, action or lawsuit, including but not limited to reasonable legal expenses, arising from any improper use of the services provided by SULION or in violation of these Terms and Conditions. SULION will promptly notify the User of any claim, action or proceeding using the details provided by the User when registering for the services on the Website.
18. AMENDMENT OF THE TERMS AND CONDITIONS
SULION may amend these Terms and Conditions at its discretion, giving Users at least one (1) month's prior notice. The use of SULION's services by Users after notification of the amendment of these Terms and Conditions shall constitute acceptance of the new version of the Terms and Conditions by the Users.
19. LANGUAGE
SULION may translate these Terms and Conditions or any other policy that may be published on the Website. The Spanish version shall prevail in the event of any conflict with other translations.
20. APPLICABLE LAW AND JURISDICTION
For the resolution of any discrepancy, issue or claim arising directly or indirectly from the interpretation or performance of these Terms and Conditions, the parties waive any jurisdiction to which they may be entitled and submit to the jurisdiction of the Courts and Tribunals of the city of the User's domicile. Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, SULION informs you that, in the event of a dispute, Users residing in the European Union may turn to the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out of court any dispute arising from the provision of services by SULION. The User can access the "Online Dispute Resolution Platform" through the following link: http://ec.europa.eu/consumers/odr/