GENERAL TERMS OF CONTRACT

These contracting terms and conditions of the online store are complementary to the General Conditions of Use established in the Legal Notice for all visitors and users of the website.

The seller, responsible and owner of this website is:

  • Business name: PIHERNZ COMUNICACIONES, S.A. (“PIHERNZ”)
  • Address:             C/ Comerç 2-22 Nau 12, Pol Ind. El Pla, 08980 Sant Feliu de Llobregat (Barcelona), Spain
  • NIF/VAT Number: ESA08671638
  • Phone: +34 933 348 800
  • Email: comercial@pihernz.es
  • Commercial register: Public limited company registered in the Registro Mercantil de Barcelona, volume 22.481, folio 65, sheet B-38.238

This document establishes the general conditions and terms of the contractual relationship aimed at the sale of products offered from this site, between PIHERNZ and the contracting party (hereinafter, “CONTRACTOR”) who express the will to purchase said products through orders placed in the online store of this website.

These user orders constitute the particular conditions to which these general conditions are associated which the CONTRACTOR accepts prior to the formalization of the order.

The CONTRACTOR is informed through this same website of these conditions, so that it can read, print, archive and accept them. These general conditions together with the order of the specific products made by the CONTRACTOR imply the formalization of the sale contract between PIHERNZ and the CONTRACTOR who claims to have read, understood and accepted these conditions.

The CONTRACTOR can always consult these general conditions through this website.

 

1. OBJECT OF THE CONTRACT

By these General Terms of Contract, PIHERNZ undertakes to deliver to the CONTRACTOR the products that he has ordered through the website in exchange for a certain price.

By purchasing the products available on this website, the CONTRACTOR declares:

  1. That he or she is a person of legal age and with the capacity to contract.
  2. He or she has read, understood and accept these Terms of Contract.

 

2. PROFILE OF THE CONTRACTOR

PIHERNZ’s online store is aimed at a professional market, so only customers who, as such, have been previously registered can make purchases in the store.

All the conditions of sale, tax processing, billing and payment methods are oriented to this professional marketplace, so in general do not apply the precepts established on the Real Decreto Legislativo 1/2007. from November 16th Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, which is aimed at defending the rights of individuals who act with a purpose other than their commercial, business, trade or profession.

 

3. AMENDMEND OF THE GENERAL TERMS OF CONTRACT

PIHERNZ reserves the right to modify these General Terms of Contract, at any time and at our sole discretion.

The most recent version of the Generals Terms of Contract is reflected in the version date located at the top of this page. All updates and amendments are effective immediately upon notification, which we can provide by any means, including, but not limited to, posting a revised version of these General Terms of Contract or other notification on PIHERNZ websites.

We recommend that you regularly review these General Terms of Contract to stay informed of the changes that may affect you. Our copies of these General Contract Conditions stored electronically or otherwise are considered to be the true, complete, valid, authentic and enforceable copy of the version of these General Terms of Contract that were in force and displayed on the website at the time the CONTRACTOR made their purchase.

THE USE OF THE WEBSITE AFTER US POSTING A CHANGE NOTIFICATION WILL CONSTITUTE AS BINDING ACCEPTANCE OF THESE CHANGES.

 

4. RIGHTS AND OBLIGATIONS OF PIHERNZ

Product delivery

PIHERNZ undertakes to deliver the product in perfect condition to the address that the CONTRACTOR indicates in the order form, which contains the particular conditions that are attached to these General Terms of Contract.

PIHERNZ will not be responsible for errors that might occur in the delivery when the data entered by the CONTRACTOR in the order form does not conform to reality or has been omitted.

The approximate delivery time for each product can be indicated in its product sheet or on the information page of the shipping methods and costs, not exceeding in any case the period of seven days (for deliveries within Spanish territory).

In the event of lack of availability of the requested product, PIHERNZ will inform the CONTRACTOR of this fact and the expected delay will be communicated by email or at the telephone number provided by the CONTRACTOR. Then PIHERNZ may give the CONTRACTOR the option to cancel his order or purchase an alternative item that may have been offered. In case of not receiving a response, it will be understood that the CONTRACTOR wishes to wait for the given period.

In case of impossibility of supplying the requested product, either due to lack of supply from PIHERNZ’s suppliers or for any other reason, the CONTRACTOR will also be informed of this fact and the order will be canceled without any penalty. PIHERNZ commits itself to the full refund of the amount of your purchase within a maximum period of 7 days, except for special conditions identified, where appropriate, in the product sheet itself.

PIHERNZ disclaimer

PIHERNZ will in no case be liable in relation to:

  • Errors, delays in access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous causes or force majeure, and any other unforeseeable contingency beyond the good faith of the company. In any case, PIHERNZ undertakes to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution to the incident.
  • Of the errors or damages produced by an inefficient use of the service and in bad faith by the CONTRACTOR.
  • Of the non-operability or problems in the email address provided by the CONTRACTOR for sending the order confirmation.
  • Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the services of the website are constantly operational.
  • Of any type of damage that the CONTRACTOR or third parties may cause on the website.

PIHERNZ reserves the right to suspend the access to the service without prior notice in a discretionary, and definitive or temporary manner until having the certainty of effective responsibility for the damages that may occur. Likewise, PIHERNZ will collaborate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damages caused constitute any type of illegal activity.

 

5. RESPONSIBILITY OF THE CONTRACTOR

In any case, it will be the responsibility of the CONTRACTOR:

  • The CONTRACTOR assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available to him by the third party who, on behalf of PIHERNZ, delivers the requested products.
  • The CONTRACTOR undertakes to check the good condition of the Product in the presence of the third party who, on behalf of PIHERNZ, delivers the requested Product, indicating at the same moment any anomaly that may be detected in the packaging.

If later, once the content has been reviewed, the CONTRACTOR detects any incident such as blow, breakage or any damage caused by the shipment, it undertakes to notify this fact to PIHERNZ within a period of no more than 24 hours after receiving the product.

 

6. WARRANTY

PIHERNZ guarantees that all Products available for sale on the website comply with international and community standards applicable to product safety.

The products sold by PIHERNZ are covered by a legal warranty against non-conformity by virtue of the provisions of the Ley General para la Defensa de los Consumidores y Usuarios (Real Decreto Legislativo 1/2007).

  • In accordance with articles 114-124 of the aforementioned Ley General para la Defensa de los Consumidores y Usuarios, consumers have, among others, the right to obtain from the seller, and if the legal conditions of the manufacturer are met, the repair or free replacement of those products that show a lack of conformity, provided that the lack of conformity existed at the time of delivery of the product.
  • The law establishes a general warranty period of 2 years from the purchase
  • If the defect arises during the first 6 months from the delivery of the good, it is presumed that it is a defect of origin, the consumer will not have to prove anything to get the guarantee to apply
  • If the problem arises after these 6 months, the manufacturer or the seller can demand that the consumer prove that the fault existed from origin.
  • The warranty applies as long as the Product that is delivered to the CONTRACTOR is used under normal conditions of use, such as those described in the Product sheet and the catalogs made available to the CONTRACTOR. In no case is it guaranteed that the Product supplied is suitable to respond to a particular problem of the end user.
  • In the event that the goods delivered are defective or do not meet the specifications indicated in the contract, the CONTRACTOR will have the right to repair or replace them.

The price reduction and the termination of the contract would be carried out when the repair or replacement of the defective product was not possible. One of these two solutions would also be carried out when the repair or replacement of the product could not be carried out in a reasonable time or would entail some type of inconvenience for the CONTRACTOR.

If applicable, the price reduction would be proportional to the difference between the price that the product would have if it were compliant and the market price of the product with the defect.

  • PIHERNZ is not obliged to indemnify the CONTRACTOR or third parties for the consequences of the use of the Product, whether direct or indirect damage, accidents suffered by people, damage to property not related to the Product, loss of profit, damage arising from or that come from a deterioration, or loss of data recorded by the end user.

Due to PIHERNZ’s condition of intermediary, the warranty that covers the Product delivered to the CONTRACTOR is limited to the one provided by the supplier. The intervention of PIHERNZ is limited only to the processing of the complaint before the supplier for the repair or replacement of the Product as long as the warranty covers such a measure.

Manufacturers may offer a commercial warranty, the length and duration of which differ between products and brands. Said guarantees shall be exclusively borne by the manufacturer who is bound by them.

The repair and replacement of the product will be free of charge for consumers (travel, shipment, labour, etc.)

 

7. RIGHT OF WITHDRAWAL

PIHERNZ recognizes the CONTRACTOR the right of withdrawal for online purchases in the terms and deadlines recognized in the Ley General para la Defensa de los Consumidores y Usuarios (Real Decreto Legislativo 1/2007), in which case PIHERNZ will reimburse the CONTRACTOR the amount paid in concept of cost and applicable taxes, to the account number indicated by the CONTRACTOR.

The right of withdrawal is understood without prejudice to the exceptions to the same as determined by the legislation itself. By way of example and not exhaustiveness, this right may not be exercised in relation to goods that, due to their nature, cannot be returned or may deteriorate or expire quickly, expressly including products that have been personalized at the consumer’s request.

  • The CONTRACTOR has the right to withdraw from this contract within a period of 14 calendar days without the need for justification, starting from the delivery of the Product, considering as such date, unless proven otherwise, the one indicated in the delivery document signed by itself.
  • To exercise the right of withdrawal, the CONTRACTOR must notify us of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can also use the model withdrawal form that we can provide, although its use is not mandatory.

Said communication must be sent to the postal or electronic address indicated in the seller’s identification.

  • Except in cases where PIHERNZ offers to collect the goods, the CONTRACTOR must return them to the seller or to a person authorized by the latter within 14 calendar days from the day after they notify PIHERNZ of their decision to withdraw.
  • When the CONTRACTOR has exercised the right of withdrawal, PIHERNZ will reimburse all payments received from the CONTRACTOR, including, when apply, delivery costs, without undue delay and, in any case, before 14 calendar days from the date of the date on which you have been informed of the withdrawal decision.

PIHERNZ will make this reimbursement using the same means of payment used by the CONTRACTOR for the initial transaction, unless the CONTRACTOR has expressly provided otherwise, and provided that PIHERNZ does not incur any additional expenses as a result of the reimbursement.

Notwithstanding the provisions of this section, in the event that the CONTRACTOR has expressly selected a mode of delivery other than the less expensive mode of ordinary delivery, PIHERNZ shall not be obliged to reimburse the additional costs derived from it.

  • PIHERNZ may withhold the reimbursement until the goods have been received, or until the CONTRACTOR has presented proof of the return of the goods, depending on which condition is met first.
  • The direct cost of returning the product (shipping cost) will be assumed by PIHERNZ, who will send its own carrier to collect the product.

 

8. PAYMENT CONDITIONS

The CONTRACTOR undertakes to pay in advance the amount for the Product actually requested in the following terms:

Amount:

The price for the Product actually requested by the CONTRACTOR, will be the one indicated on the website and the one that appears in the specific purchase of the CONTRACTOR at all times, purchases which will constitute the particular conditions of the specific order.

The prices of the products that appear on the website do not include VAT nor taxes, the amount of which will be calculated and informed at the time of placing the order.

The relevant shipping costs must be added to the price that appears on the website for each of the products offered. PIHERNZ, is obliged to always inform the CONTRACTOR of the cost of the shipping costs before processing the order and in the email that confirms it.

Payment Methods:

The CONTRACTOR must pay the amount corresponding to the order by:

  • Credit card: entering your data in the existing payment gateway on the website. By accepting this means of payment, the CONTRACTOR confirms that it is authorized to use the card used for this purpose, being the cardholder. Card payments are subject to the provisions of Ley 16/2009, de 13 de noviembre, de servicios de pago, especially with regard to payment orders and the conditions for their revocation..
  • Paypal: for which the CONTRACTOR declares to have an active account with said payment service provider, accepting the conditions of said service.
  • Wire transfer: in which case the order will not be considered formalized until the funds have been settled in the account informed by PIHERNZ.
  • According to the client’s usual payment conditions: which could be a direct debit or cash on delivery payment. In this case PIHERNZ can do a credit check according to its usual customer conditions before processing the shipment.

 

9. PAYMENT OF TAXES

The inclusion and payment of VAT on the invoice, or its possible exemption, will be subject to what is established by the Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido, and the Real Decreto 1619/2012, de 30 de noviembre, por el que se aprueba el Reglamento por el que se regulan las obligaciones de facturación

The EC intra-community acquisition of goods is subject to the Member State of arrival, in accordance with the criteria established in Directive 2006/112/EC and in the Spanish regulations for its transposition.

When determining the application of these laws, it will be considered for all purposes that the CONTRACTOR is an entrepreneur or professional self-employee.

Products may not be purchased on this website when the goods must be delivered to a Member State of the European Union other than Spain and the CONTRACTOR does not have and has previously communicated to PIHERNZ its intra-community operator number (VAT number) in said Member State

 

10. PAYMENT OF CUSTOMS DUTIES

Customs duties, fees or taxes are not included in the prices indicated for shipping costs. These will be paid in cash by the recipient of the merchandise when it reaches its destination

 

11. ELECTRONIC INVOICE

In accordance with Ley 56/2007, de 28 de diciembre, de Medidas de Impulso de la Sociedad de la Información, electronic invoices may be issued and sent to companies and individuals who agree to receive them or who have expressly requested them.

However, PIHERNZ will only be obliged to issue electronic invoices in the terms provided in the previous paragraph when the contracting has been carried out by electronic means.

The electronic invoice will be issued in a format commonly used and readable with any of the common reading programs or web browsers on the market so that the CONTRACTOR can read, copy, download and print it. In the event that the CONTRACTOR does not have the means to do so, PIHERNZ will provide access to the necessary programs free of charge.

At any time, the CONTRACTOR may revoke the consent given to the receipt of electronic invoices by sending an email to comercial@pihernz.es

 

12. COPYRIGHT AND TRADEMARK RIGHTS

PIHERNZ informs that the own contents, the programming and the design of this website are fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements except with the express consent of PIHERNZ.

The brands of the products that PIHERNZ sells through the website belong to their legitimate owners. PIHERNZ can establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included may request at any time the elimination of said references.

 

13. CONTRACT LANGUAGE

For all purposes, the language of the contract is considered to be the one used by the CONTRACTOR at the time of purchase.

However, the English version of these General Terms of Contract is a translation of the original Spanish version, therefore, in the event of any discrepancy between the two versions, the Spanish version will be considered the predominant version.

 

14. DISPUTES AND CLAIMS

The CONTRACTOR may send their claims through the following email: info@pihernz.es.

The relationship between the CONTRACTING PARTY and PIHERNZ will be governed by the applicable legislation in Spain. In the case of private consumers, any dispute or controversy will be submitted to the courts of the jurisdiction in which the client has his habitual residence. In the event that the clients are businesses or professionals, any dispute or controversy will be submitted to the courts of the city of Barcelona (Spain).

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we make the following link available to the CONTRACTOR that allows access to the European Platform for Online Dispute Resolution:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

 

15. COMPETENT JURISDICTION AND APPLICABLE LAW

The purchasing system is subject to current legislation in Spain. Therefore, the sale operations will be understood to be carried out at the seller’s registered office: C / Comerç 2-22 Nau 12, Pol Ind. El Pla, 08980 Sant Feliu de Llobregat (Barcelona), Spain.

For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of the Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico.

 

16. NULLITY OF CLAUSES

In the event that any clause of these General Terms of Contract is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions.

PIHERNZ may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by PIHERNZ.