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Condiciones de uso

 

GENERAL TERMS AND CONDITIONS

 

1. GENERAL INFORMATION

  • Owner: SCP SINTERSA GROUP
  • Address: Marqués de Monteagudo 24, 28028 Madrid
  • Contact: info@scp-sa.es ó +34 91 361 00 41
  • CIF SCP: A28995280
  • Inscription: Registro Mercantil de Madrid nº 2, Tomo 592 general, 560 de la Sección 3ª del Libro de Sociedades, Folio 41 Hoja 65.284, Inscripción 1ª
  • CIF SINTERSA: A78567708
  • Inscription: Registro Mercantil de Madrid , Tomo 8040 general, 6974 de la Sección 3ª del Libro de Sociedades, Folio 190 Hoja 77860-2, Inscripción 1ª

This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (www.scp-sa.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that SCP SINTERSA GROUP carries out through the Website comprises:

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In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of SCP SINTERSA GROUP .

By using this Web Site or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Web Site.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site since those that are in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions you may contact the holder using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

 

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the beginning of the navigation through the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

 

- Use this Web Site only for consultations and legally valid purchases or acquisitions.

- Do not make any false or fraudulent purchase. If such a purchase can reasonably be considered to have been made, it may be cancelled and the relevant authorities informed.

- Provide true and lawful contact information, such as email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be at least 18 years of age and to have the legal capacity to enter into contracts through this Website.

 

The Website is intended primarily for Users residing in Spain. SCP SINTERSA GROUP does not ensure that the Website complies with the legislation of other countries, either totally or partially.

 

SCP SINTERSA GROUP declines all responsibility that may derive from such access, as well as does not ensure shipments or provision of services outside Spain.

 

The User will be able to formalize, at his choice, with SCP SINTERSA GROUP the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.

 

 

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase from the Website by the established forms and channels. They must follow the online purchase and/or purchase procedure of SCP SINTERSA GROUP, during which various products and/or services can be selected and added to the shopping cart, basket or final shopping space and finally click on: "Checkout".

Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data may be modified.

 

Next, the User will receive an e-mail confirming that SCP SINTERSA GROUP has received your order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information could also be made available to the User through his personal space connecting to the Website.

 

Once the purchase procedure has concluded, the User consents to the Web Site generating an electronic invoice that will be sent to the User via e-mail. And, where appropriate, through your personal space of connection to the Web Site. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice by requesting it from SCP SINTERSA GROUP using the contact spaces of the Web Site or through the contact details provided above.

 

The User admits being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on the page of the Website, indicating, by way of illustration, but not exhaustive, and attending to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and recognises that the placing of the purchase order or purchase materialises the full and complete acceptance of the particular sales conditions applicable to each case.

Unless expressly stated otherwise, SCP SINTERSA GROUP is not the manufacturer of the products sold or that may be marketed on the Website. Although SCP SINTERSA GROUP makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information than that appearing on the Website. Therefore, the User must not only consider the information provided by the Web Site, but also the information available on the label, warnings and/or instructions that accompany the product.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be filed and kept in SCP SINTERSA GROUP 's computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that may be applicable in this respect, and particularly taking into account the LOPD and the rights that assist the Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use).

 

 

4. AVAILABILITY

 

All purchase orders received by ________________ through the Website are subject to the availability of the products and/or to no circumstance or cause of force major (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. In the case of difficulties regarding the supply of products or products not remaining in stock, SCP SINTERSA GROUP undertakes to contact the user and reimburse any amount that may have been paid for the amount. This will be equally applicable in the cases of those for which the provision of a service would become unfeasible.

 

 

5. PRICES AND PAYMENT

 

The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, some other point should be identified and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Therefore,SCP SINTERSA GROUP performs delivery and/or shipping services through several shipping agencies.

 

In no case shall the Website automatically add additional costs to the price of a product or service, but only those that the ser has voluntarily and freely selected and chosen.

 

Prices may change at any time, but possible changes will not affect orders or purchases for which the user has already received an order confirmation.

 

Accepted methods of payment will be: Credit or debit card, and bank transfer. The credit cards will be subject to checks and authorizations by the bank issuing them, if the bank does not authorize payment, SCP SINTERSA GROUP will not be responsible for any delay or lack of delivery and may not formalize any contract with the user.

 

Once SCP SINTERSA GROUP receives the purchase order from the user through the website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the user is sent confirmation of sending and / or confirmation of the service provided in the form and, where appropriate, place established.

 

 

 

In any case, by selecting "Checkout" the user confirms that the payment method used is his or her own or that, where applicable, he or she is the legitimate holder of the gift card or subscription card.

 

The purchase orders or acquisition in which the user selects as method of payment the bank transfer will be reserved for 5 calendar days from the confirmation of the order to allow enough time for the bank transfer to be taken into account by the payment system used by SCP SINTERSA GROUP for the website. When the system receives the transfer, the order will be prepared and managed for shipment.

 

Through this payment method, the user must be sure to enter correctly the exact amount of the purchase order, as well as the account number and transfer reference. In case of mistake, SCP SINTERSA GROUP will not be able to validate the order, which will be cancelled.

 

 

6. DELIVERY

In the cases in which it is necessary to make the physical delivery of the contracted good, the deliveries will be carried out in the following territory: Spain (Peninsula and Balearic Islands). Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, resulting from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the time specified on the website according to the shipping method selected by the user and, in any case, within a maximum of 30 calendar days from the date of order confirmation.

 

If, for any reason attributable to SCP SINTERSA GROUP, it is unable to achieve the delivery date, it shall contact the User to inform him/her of this circumstance and the user may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

 

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a message explaining where the order is and how to make it to be delivered again.

 

If the user is not going to be at the place of delivery in the agreed time slot, he must contactSCP SINTERSA GROUP to arrange delivery on another day.

In the case that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to SCP SINTERSA GROUP, SCP SINTERSA GROUP shall understand that the user wishes to withdraw from the contract and it shall be considered resolved. As a consequence of the termination of the contract, all payments received from the User shall be returned to him/her, with the exception of additional expenses resulting from the user's own choice of a delivery modality different from the least costly modality of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered to be ended.

 

However, the user must bear in mind that the transport derived from the resolution may have an additional cost that may be charged.

 

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by signing the receipt of the order at the agreed delivery address.

 

The risks arising from the products will be the responsibility of the User from the time of delivery. The User acquires ownership of the products when SCP SINTERSA GROUP receives full payment of all amounts due in relation to the purchase or purchases made, including shipping costs, or at the time of delivery, if this takes place at a time later than full receipt of the amount subject to payment by SCP SINTERSA GROUP.

 

In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or services shall be considered to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

 

7. TECHNICAL METHODS FOR CORRECTING MISTAKES

 

The User is informed that in the case that he detects an error when entering data necessary to process his purchase request on the Web Site, he may modify the same by contacting SCP SINTERSA GROUP through the contact spaces provided on the Web Site, and, where appropriate, through those provided to contact customer service, and/or by using the contact data provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his/her personal connection space to the Web Site.

 

In any case, the User, before clicking on "Checkout", has access to the space, shopping cart, or cart where they are making their purchase requests and can make changes.

 

Similarly, the User is referred to check the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification in accordance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data.

 

 

8. RETURNS

In the cases in which the User acquired products in or through the Web Site of the titular, a series of rights assist him, as they are enumerated and described next:

 

Right of cancellation

The User, as consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification. This cancellation period shall expire on the 14th calendar day of the day that the User or a third party authorized by the User, other than the transporter, acquired material possession of the goods acquired on the Website from SCP SINTERSA GROUP or, in the event that the goods making up his order are delivered separately, on the 14th calendar day of the day that the User or a third party authorized by the User, other than the transporter, acquired material possession of the last of those goods making up the same purchase order.

 

To exercise this right of cancellation, the User must notify SCP SINTERSA GROUP of its decision.

He or she may do so, as the case may be, through the contact spaces provided on the Website or through:

Lopd_rgpd@scp-sa.es o Marqués de Monteagudo, 24. 28028 Madrid.

 

The User, independently of the way he chooses to communicate his decision, must clearly and unequivocally express his intention to cancel the purchase contract. In any case, the User may use the model cancellation form that SCP SINTERSA GROUP makes available as an annex to these Conditions, however, its use is not mandatory.

 

In order to comply with the cancellation period, it is sufficient that the communication expressing unequivocally the decision to cancel is sent before the corresponding period expires. In the case of withdrawal, SCP SINTERSA GROUP shall reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a different delivery modality to the less expensive modality offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which SCP SINTERSA GROUP is informed of the decision to cancel by the User.

SCP SINTERSA GROUP will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, SCP SINTERSA GROUP may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of the return of the products or items, according to which condition is complied with first.

 

The User may return or send the products to SCP SINTERSA GROUP in:

Marqués de Monteagudo,24. Planta Baja – Almacén. 28028 Madrid.

And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which SCP SINTERSA GROUP was informed of the cancellation decision.

 

The User admits knowing that it will have to assume the direct cost of return (transport, delivery) of the merchandise, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than the one necessary to establish the nature, characteristics and functioning of the products.

 

The User recognises that there are exceptions to the right of cancellation, as stated in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are packaged and have been unsealed after delivery.

 

In the same direction, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the right of cancellation shall not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely executed by SCP SINTERSA GROUP, they will have lost their right of cancellation.

 

In any case, no refund will be made if the product has been used beyond the simple opening of the same, products that are not in the same condition in which they were delivered or have suffered any damage after delivery. Also, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.

In the following link you can download the Model cancellation Form:

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Return of damaged products or shipping error

 

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to that stipulated in the contract or purchase order, and that, therefore, should contact SCP SINTERSA GROUP immediately and let him know the existing nonconformity (defect / error) by the same ways or using the contact details provided in the previous paragraph (Right of Cancellation).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or, if appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send an email confirming that the refund or replacement of the non-conforming item.

The amount paid for products that are returned because of a defect, when actually exists, will be refunded in full, including delivery costs and costs that may have incurred the user to make the return. The refund will be made by the same method of payment that the User used to pay for the purchase. In any case, will always be to the rights recognized in the legislation in force at any time for the User, as consumer and user.

 


 

Guarantees

 

The User, as consumer and user, enjoys guarantees on the products that can be acquired through this Web Site, in the terms legally established for each type of product, answering SCP SINTERSA GROUP, therefore, for the lack of conformity of the same that is manifested in a term of two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that they: conform to the description made by SCP SINTERSA GROUP and possess the qualities presented therein; are suitable for the uses to which the products of the same type are ordinarily destined; and present the quality and usual features of a product of the same type and which are fundamentally expected from the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in delivery. However, some of the products commercialised on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a default.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal guarantee right directly against them during the two years following delivery of such products.

To this end, the User must have kept all information regarding the guarantee of the products.

 

9. RESPONSIBILITY EXEMPTION

 

  • Except as may be legally provided to the contrary,SCP SINTERSA GROUP shall not accept any responsibility for the following losses, regardless of their origin:
  • Any losses that were not attributable to any default on its part.
  • Business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
  • Any other indirect loss that was not reasonably predicted by both parties at the time the contract for the purchase and sale of the products between both parties was entered into.
  • Likewise, SCP SINTERSA GROUP also limits its responsibility in the following cases:
  • SCP SINTERSA GROUP applies all the measures concerning the provision of a faithful visualisation of the product on the Website, however, it shall not be held responsible for the minimum differences or inaccuracies that may exist due to the lack of resolution of the screen, or problems of the browser used or others of this nature.

SCP SINTERSA GROUP shall act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it shall not be responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, road traffic jams, and in general any other typical of the sector, resulting in delays, losses or theft of the product.

Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the service from being available. SCP SINTERSA GROUP puts all the resources at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from responsibility for causes that are not attributable to it, fortuitous case or force major.

SCP SINTERSA GROUP will not be responsible for the improper use and/or deterioration of the products that have been used by the User. At the same time, SCP SINTERSA GROUP will not be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.

In general, SCP SINTERSA GROUP shall not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control, that is, due to force major, and this may include, but is not exhaustive:

  • Strikes, lockouts or other industrial actions.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, inundation, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of use of trains, boats, airplanes, motor transports or others public or private ways of transport.
  • Impossibility of using public or private telecommunications systems.
  • Acts, ordinances, legislation, regulations or restrictions of any government or public authority.

 

In this way, the obligations will be suspended during the period in which the cause of force major continues, and SCP SINTERSA GROUP will have an extension in the term to comply with them for a period of time equivalent to the duration of the cause of force major. SCP SINTERSA GROUP shall use all reasonable measures to find a solution that allows us to fulfill our obligations in spite of the cause of force major.

 

 

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User agrees that most communications with SCP SINTERSA GROUP are electronic (electronic mail or announcements published on the Web Site).

For contractual purposes, the User consents to use this electronic mode of communication and acknowledges that all contracts, notices, information and other communications sent electronically by SCP SINTERSA GROUP comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with SCP SINTERSA GROUP through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Web Site.

Likewise, unless otherwise stipulated, SCP SINTERSA GROUP may contact and/or notify the User by e-mail or at the postal address provided.

 

11. RENUNCIATION

Any renunciation by SCP SINTERSA GROUP of any specific legal right or action or failure by SCP SINTERSA GROUP to require strict performance by the User of any of its obligations shall constitute, or waive, any other rights or remedies arising out of a contract or the Conditions, nor shall it exonerate the User from performance of its obligations.

No renunciation by SCP SINTERSA GROUP of any of these Conditions or of the rights or actions derived from a contract shall take effect unless it is expressly established that it is a renunciation and it is formalised and communicated to the User in writing.

 

12. ANNULMENT

If any of these Conditions are declared invalid and without effect by a final resolution issued by a competent authority, the rest of the clauses shall remain in force, without being affected by said declaration of invalidity.

 

 

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and SCP SINTERSA GROUP in relation to the object of the purchase and replace any other prior agreement, agreement or promise made verbally or in writing by the same parties.

The User and SCP SINTERSA GROUP recognise that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

 

 

14. DATA PROTECTION

The information or personal data that the User provides to SCP SINTERSA GROUP in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true.

 

 

 

15. APPLICABLE LAW AND JURISDICTION

 

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between SCP SINTERSA GROUP and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

 

16. COMPLAINTS AND CLAIMS

 

The User may send SCP SINTERSA GROUP his/her complaints, claims or any other comment he/she wishes to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, SCP SINTERSA GROUP has official complaint forms available to consumers and users, which they may request from SCP SINTERSA GROUP at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the conclusion of this purchase contract between SCP SINTERSA GROUP and the User were to give way to a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. This method can be found on the website: http://ec.europa.eu/consumers/odr/.