GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of products and services through the website https://www.wibeee.com, property of SMILICS TECHNOLOGIES, S.L., hereinafter PROVIDER.
The acceptance of this document implies that the USER:
– You’ve read, you understand and you’re agree with this text.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all the hirings made through the web site of the PROVIDER.
The PROVIDER informs that the trade is responsible and knows 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is SMILICS TECHNOLOGIES, S.L., with registered office CL LEPANTO, 43 – 08223 TERRASSA (Barcelona), NIF B59724963 and with customer service telephone number / USER (+34) 935158548.
And on the other, the USER, registered on the website through a username and password, over which he has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or of possible access by an unauthorized third party, so that it proceeds to the immediate blockade.
Once the user account has been created, it is informed that in accordance with what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure
7. General of the offer.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the making of an order to the PROVIDER will imply acceptance by the USER of these 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 PROVIDER.
2. SENDING ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments of goods will usually be made through EXPRESS MESSAGING (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The dates or terms of delivery will be considered approximate, not constituting the essential non-fulfillment delay. In the event that the LENDER had not delivered the goods after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without derives no responsibility for damages and losses attributable to the PROVIDER.
The delivery period is usually between 2 and 5 working days, depending on the place of delivery and the chosen payment method. This term is understood as long as the availability of the goods has been confirmed and the full payment of the order has been checked.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not occur, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered to be made at the moment in which the carrier has placed the products at the disposal of the USER and the latter, or the delegate of the latter, has signed the document of reception of the delivery.
It is up to the USER to verify the products upon receipt and expose all the reservations and claims that may be justified in the delivery receipt.
In the event that the contract does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will inform the USER beforehand about the procedure that must be followed to make this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to return and / or claim possible defects or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of reception of the product, for the return of the same (article 71 of Law 3/2014 of March 27). Unless the return is made for defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal can not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being forbidden the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
All returns must be communicated to the PROVIDER, by email to firstname.lastname@example.org, indicating the invoice or order number. If the return proceeds, the LENDER will send an RMA number to the USER.
Once the USER has received the RMA number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation expenses at his expense, at the address of SMILICS TECHNOLOGIES, SL, Calle LEPANTO, 43 – 08223 TERRASSA (Barcelona), SPAIN.
Any claim that the USER considers opportune will be attended in the shortest possible time, being able to realize in the following directions of contact:
Postal: SMILICS TECHNOLOGIES, S.L., Calle LEPANTO, 43 – 08223 TERRASSA (Barcelona), SPAIN
Phone: (+34) 935158548
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur any responsibility for any failure due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer any modification in any way.
The USER declares to have read, know and accept these General Conditions in all their extension.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be deemed subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SMILICS TECHNOLOGIES, S.L. or here stipulated will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the offered products is affected.
8. PRICE AND VALIDITY OF THE OFFER
Prices which are indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product are those published on the website and expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that he / she has informed at the moment of placing the order. This invoice will be sent to the email address provided by the USER.
For any information about the order, the USER can contact through the customer service telephone of the PROVIDER (+34) 935158548 or via email to the address email@example.com.
9. TRANSPORTATION COSTS
The prices do not include shipping or communication costs, nor of installation, or complementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the moment of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows several forms of payment, which are indicated during the purchase process.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. 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 binding, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket an order can be made following the following steps for its correct formalization:
1.- Checking the billing information.
2.- Checking the shipping address.
3.- Selection of the payment method.
4.- Place the order (buy).
Once the order is processed, the system instantly sends an email to the management department of the PROVIDER.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent confirming the status of the order.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in its description. All have a guarantee period of two years, according to the criteria and conditions described in 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. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10th of Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:
a) They conform to the description made by SMILICS TECHNOLOGIES, S.L ..
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) Are suitable for any special use required by the client when he has informed SMILICS TECHNOLOGIES, S.L. at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by SMILICS TECHNOLOGIES, SL .
e) SMILICS TECHNOLOGIES, S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from improper installation of the product will be equated with the lack of conformity when the installation is included in the contract of sale and has been made by SMILICS TECHNOLOGIES, S.L. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. The responsibility for non-conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that originate from materials supplied by the USER will not proceed.
II) LENDER’s responsibility
SMILICS TECHNOLOGIES, S.L. will respond to the USER of any lack of conformity that exists at the time of delivery of the product. SMILICS TECHNOLOGIES, S.L. recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
If the product is not in accordance with the contract, the PROVIDER may choose between repair or replacement thereof.
IV) Rules of repair or replacement of the product
The repair and replacement will comply with the following rules:
a) Will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will start from when the USER makes the product available to SMILICS TECHNOLOGIES, S.L. and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, SMILICS TECHNOLOGIES, S.L. will respond to the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII will apply to the substitute product, in any case.
e) If the repair is completed and the product delivered, it is still not in accordance with the contract, the USER may demand the replacement thereof, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract under the terms of article V.
f) If the substitution fails to bring the product into conformity with the contract, the USER may demand the repair thereof, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI.
g) The USER may not demand substitution in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract resolution
The reduction of the price and the termination of the contract shall proceed, at the choice of the USER, when the latter can not demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
1. SMILICS TECHNOLOGIES, S.L. responds to the lack of conformity that manifests within two years of delivery. In second-hand products, SMILICS TECHNOLOGIES, S.L. and the USER may agree on a shorter term, which may not be less than one year after delivery.
Unless proven otherwise, it will be presumed that the non-conformity manifests in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity .
2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
4. The USER must inform SMILICS TECHNOLOGIES, S.L. of the lack of conformity within two months of having knowledge of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established deadline.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden to contact SMILICS TECHNOLOGIES, S.L. due to lack of conformity of the products with the purchase contract, you can directly claim the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer’s liability to cease, in the same terms and conditions as those established for SMILICS TECHNOLOGIES, SL, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, according to their nature and purpose and the rules that regulate them.
The term Producer is referred to the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such when indicating in the product his name, trademark or other distinctive sign.
Anyone who has responded in front of the USER, will have a one-year term to be responsible for the lack of conformity. This term is computed from the moment in which the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or construed in accordance with Spanish law in matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the PROVIDER’s address.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights of all the elements contained in this website and our mobile applications, including trademarks, formats, graphic designs, texts, images and documents, belong to SMILICS TECHNOLOGIES, S.L. and they are protected by Spanish and international laws on Intellectual and Industrial property. It is expressly forbidden the total or partial reproduction of this website and any of its contents without the express written permission of SMILICS TECHNOLOGIES, S.L..
Access to the website does not imply any type of waiver, transmission, license or assignment of such rights by SMILICS TECHNOLOGIES, S.L., unless expressly stated otherwise.
Access to this website and our mobile applications implies the acceptance of these conditions of use without reservations that regulate access and use thereof in order to make information about our products available to users.
The use of the contents of this website and our mobile applications for its use for commercial purposes or for distribution, transformation or communication is expressly prohibited.
SMILICS TECHNOLOGIES, S.L., will not be liable for any consequence, damage or harm that may arise from such use or use of the information.
Both the access to this website and our mobile applications and the use that may be made of the information contained therein is the exclusive responsibility of the person who carries it out.
The user undertakes not to use the information published on this website and in our mobile applications for illicit or harmful purposes or effects, not to damage or disable the information and not to take any other action that may be contrary to the content of this Notice Legal.
SMILICS TECHNOLOGIES, S.L. can not guarantee the absence of interruptions or errors in accessing this website and our mobile applications, although it will do its best to avoid them.
DATA PROTECTION POLICY
In compliance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and its regulations of development, you are informed that the personal data provided by you will be treated with the following purposes:
– Inform you about our products and services, when requested.
– Give answer and manage your questions, comments and suggestions, if applicable.
– Manage your participation in present and future selection processes, when you send us your information (including your CV) for that purpose.
When we start a selection process where you can fit your profile, we will contact you. We will keep your personal data for a period of two years in order to be able to count on your participation in future processes.
Through the completion of contact forms on the Web or by sending emails or any other information request sent to SMILICS TECHNOLOGIES, S.L., the interested party gives his express consent for the processing of their personal data.
In no case SMILICS TECHNOLOGIES, SL, will use the personal data of the interested parties for purposes other than those previously mentioned, nor will it communicate them to third parties without the prior and express consent of the affected party, and undertakes to keep due professional secrecy and to establish the measures technical and organizational requirements to safeguard the information in accordance with the requirements established by the aforementioned Regulation.
Your personal data will be kept in our records for the duration of our relationship. However, at any time you can request access to your personal data and rectification or deletion. As well as, limit your treatment, or directly oppose the treatment or exercise the right to portability of them.
We also inform you of your right to file a claim with the Spanish Data Protection Agency, if you consider that in the processing of your data your rights are not being respected.
CHILD PROTECTION POLICY
Who facilitates the data through the forms of this Web and our mobile applications and accepts their treatment formally declares to be over 13 years old.
Access and use of the portal to minors under 13 years of age is prohibited.
SMILICS TECHNOLOGIES, S.L. reminds people of legal age who are in charge of minors, which will be their sole responsibility if a minor incorporates their data to request a product.
It also informs them that there are computer programs to limit the navigation by filtering or blocking certain contents.
In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT, we inform you that the personal data of the followers of SMILICS TECHNOLOGIES, S.L., will be incorporated into a file whose owner is SMILICS TECHNOLOGIES, S.L. with the purpose of keeping you informed through social networks about news related to the activities of SMILICS TECHNOLOGIES, S.L ..
Your request to connect necessarily implies your consent to the indicated treatments.
The publication of comments and content on social networks will become public information, so users should exercise special caution when they decide to share their personal information. SMILICS TECHNOLOGIES, S.L. is not responsible for the information that users enter on the page. However, people whose personal data are published or included in comments may request SMILICS TECHNOLOGIES, S.L. the cancellation of them.
At any time, you can exercise the rights of access, rectification, deletion and opposition, limit the processing of your data, or directly oppose the treatment, or exercise the right to portability of them. All this, by writing, accompanied by a copy of an official document that identifies you, addressed to SMILICS TECHNOLOGIES, S.L. . In case of disagreement with the treatment, you also have the right to file a claim with the Spanish Agency for Data Protection.
LINKS TO OTHER WEBSITES
The links you can find on this website and in our mobile applications are a service to users. These pages are not operated or controlled by SMILICS TECHNOLOGIES, S.L., for this reason, they are not responsible for the contents of these Websites nor are they covered by this Legal Notice. If you access these web pages, you should take into account that their privacy policies may be different from ours.