GENERAL CONDITIONS

These general contracting 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:

  • Company name: PIHERNZ COMUNICACIONES, S.A. (“PIHERNZ”)
  • Registered Office: C/ Comerç 2-22 Nau 12, Pol Ind. El Pla, 08980 Sant Feliu de Llobregat (Barcelona)
  • NIF: A08671638
  • Telephone: +34 933 348 800
  • Email: comercial@pihernz.es
  • Commercial data: Limited company registered in the Mercantile Registry of Barcelona, ​​in volume 22,481, folio 65, sheet no. B-38.238

This document establishes the general conditions of the contractual relationship that has the purpose of buying and selling products offered from this site, between PIHERNZ and the natural and/or legal persons (hereinafter, “CONTRACTOR”) that express the will to buy said products. 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 that the CONTRACTING PARTY accepts prior to the formalization of their order.

The CONTRACTING PARTY is exposed through this same website these conditions, so that they can read, print, file and accept them. These general conditions together with the order of the specific products made by the CONTRACTING PARTY imply the formalization of the sales contract between PIHERNZ and the CONTRACTING PARTY who affirms having read, understood and accepted these conditions.

The CONTRACTING PARTY can always consult these general conditions through this website.

 

1. OBJECT OF THE CONTRACT

By these General Conditions of Contract, PIHERNZ undertakes to deliver to the CONTRACTING PARTY the products that he has requested through the website in exchange for a certain price.

By purchasing the products available on this website, the CONTRACTING PARTY declares that:

  1. That he is a person of legal age and with the capacity to contract.
  2. That he has read, understood and accepts these General Conditions of Contract.

 

2. PROFILE OF THE CONTRACTING PARTY

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

All the conditions of sale, treatment of taxes, invoicing and forms of payment are oriented to this professional market, so in general the precepts oriented to defend the rights of natural persons who act with a purpose outside their own are not applicable. commercial, business, trade or profession activity established in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.


3. ALTERATION OF THE GENERAL CONDITIONS

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

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

We recommend that you review these General Conditions of Contract often to stay informed of changes that may affect you. Our copies of these General Conditions of Contract stored electronically or otherwise are considered the true, complete, valid, authentic and enforceable copy of the version of these General Conditions of Contract that were in force and displayed on the website at the time the CONTRACTING PARTY acquires the corresponding products.

YOUR USE OF THE WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE 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 indicated by the CONTRACTING PARTY on the order form where the particular conditions attached to these General Conditions appear.

PIHERNZ will not be responsible for errors caused in the delivery when the data entered by the CONTRACTING PARTY in the order form do not match reality or have been omitted.

The approximate delivery time for each product can be indicated on its file or on the information page on shipping methods and costs, in no case exceeding a period of seven days (for deliveries within Spanish territory).

In case of unavailability of the requested product, PIHERNZ will inform the CONTRACTING PARTY of this fact and the expected delay will be communicated by email or at the telephone number provided by the CONTRACTING PARTY. Then PIHERNZ may give the CONTRACTING PARTY the option of canceling their order or buying an alternative item that may have been offered. In case of not receiving a response, it will be understood that the CONTRACTING PARTY wishes to wait for the given term.

In case of impossibility of supplying the requested product, either due to lack of supply from PIHERNZ suppliers or for any other reason, the CONTRACTING PARTY will also be informed of this fact and the order will be canceled without any penalty, PIHERNZ committing 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 file itself.

PIHERNZ Disclaimer.

PIHERNZ will in no case be responsible in relation to:

  • Errors, delays in access by the CONTRACTING PARTY when entering their data in the order form, 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, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, PIHERNZ undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTING PARTY to reach a quick and satisfactory solution to the incident.
  • Of the errors or damages caused by an inefficient use of the service and in bad faith by the CONTRACTING PARTY.
  • Of the non-operation or problems in the email address provided by the CONTRACTING PARTY for sending the order confirmation.
  • Failures and incidents that may occur in communications, deletion or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational.
  • Of the production of any type of damage that the CONTRACTING PARTY or third parties could cause on the website.


PIHERNZ reserves the right to suspend access without prior notice at its discretion and permanently or temporarily until effective liability for any damages that may occur is ensured. Likewise, PIHERNZ will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damage caused constitutes any type of illicit activity.

 

5. RESPONSIBILITY OF THE CONTRACTOR

In any case, it will be the responsibility of the CONTRACTING PARTY:

  • The CONTRACTING PARTY assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available by the third party who, on behalf of PIHERNZ, delivers the requested products.
  • The CONTRACTING PARTY undertakes to check the good condition of the Product before the third party who, on behalf of PIHERNZ, delivers the requested Product, indicating at that very moment any anomaly that could be detected in the packaging.
    If subsequently, once the content has been reviewed, the CONTRACTING PARTY detects any incident such as a blow, breakage or any damage caused by the shipment, the CONTRACTING PARTY undertakes to notify PIHERNZ within a period not exceeding 24 hours after receipt of 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 guarantee against lack of conformity under the provisions of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007).

  • In accordance with articles 114-124 of the aforementioned General Law for the Defense of Consumers and Users, consumers have, among others, the right to obtain from the seller, and if the legal conditions of the manufacturer are met, the repair or replacement free 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 term of 2 years of guarantee from the purchase.
  • If the defect comes to light during the first 6 months from the delivery of the good, it is presumed to be an original defect, the consumer will not have to prove anything to get the guarantee applied.
  • If the problem manifests itself after those 6 months, the manufacturer or seller may require the consumer to prove that the fault existed originally.
  • The guarantee applies as long as the Product that is delivered to the CONTRACTING PARTY is used under normal conditions of use, such as those described in the Product file and the catalogs made available to the CONTRACTING PARTY. 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 CONTRACTING PARTY shall have the right to repair or replace them.

The price reduction and the termination of the contract would be carried out when it was not possible to repair or replace the defective product. One of these two solutions would also be used when the repair or replacement of the product could not be carried out within a reasonable time or involved some type of inconvenience for the CONTRACTING PARTY.

Given the case, the price reduction must 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 CONTRACTING PARTY or third parties for the consequences of the use of the Product, whether direct or indirect damages, accidents suffered by people, damage to goods unrelated to the Product, loss of profit or loss of profit, damage arising from or come from a deterioration, or loss of data recorded by the end user.

Notwithstanding the foregoing, due to PIHERNZ’s condition as intermediary, the guarantee that covers the Product delivered to the CONTRACTING PARTY is limited to that extended by the supplier. PIHERNZ’s intervention is limited solely to the procedure with the supplier for the repair or replacement of the Product, provided that the guarantee of the latter provides for such a measure.

Manufacturers may offer a commercial guarantee, the length and duration of which differ according to products and brands. Said guarantees will be exclusively the responsibility of the manufacturer that is obliged to them.

The repair and replacement of the product will be free for consumers (travel, transport, labor, etc.)

 

7. WITHDRAWAL

PIHERNZ recognizes the CONTRACTING PARTY the right of withdrawal for distance purchases in the terms and periods recognized in the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007), in which case PIHERNZ will reimburse the CONTRACTING PARTY the amount paid in Concept of price and applicable taxes, to the account number indicated by the CONTRACTING PARTY.

The right of withdrawal is understood without prejudice to the exceptions to it that the fixed legislation itself. In an illustrative and non-exhaustive manner, 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 request of the consumer.

  • The CONTRACTING PARTY has the right to withdraw from this contract within a period of 14 calendar days without the need for justification, counting from the delivery of the Product, considering as such date, unless proven otherwise, the date indicated in the delivery document signed by the same.
  • 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). He may also use the withdrawal form model 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 CONTRACTING PARTY must return them to the seller or to a person authorized by him within 14 calendar days from the day after he informs PIHERNZ of his decision to withdraw.
  • When the CONTRACTING PARTY has exercised the right of withdrawal, PIHERNZ will reimburse any payment received from the CONTRACTING PARTY, including, where appropriate, delivery costs, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which who has been informed of the withdrawal decision.

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

Notwithstanding the provisions of this section, in the event that the CONTRACTING PARTY has expressly selected a delivery method other than the least expensive ordinary delivery method, PIHERNZ will not be obliged to reimburse the additional costs derived from it.

PIHERNZ may retain the reimbursement until the goods have been received, or until the CONTRACTING PARTY has presented proof of the return of the goods, depending on which condition is met first.

  • The CONTRACTING PARTY shall bear the direct costs of returning the goods, except in the event that PIHERZN has formally agreed to assume them.

 

8. PAYMENT CONDITIONS

The CONTRACTING PARTY undertakes to pay in advance the amount for the Product actually requested in the following amount and manner:

Amount:

The remuneration for the Product actually requested by the CONTRACTING PARTY, will be that indicated on the website and that which appears in the specific request of the CONTRACTING PARTY at all times, requests that will constitute the particular conditions of the specific order.

The prices of the products that appear on the website do not include VAT, the amount of which will be calculated and informed at the time of placing the order, as appropriate.

To the price that appears on the website for each of the products offered, the relevant shipping costs must be added. PIHERNZ, is obliged to inform the CONTRACTING PARTY of the cost of the shipping costs before formalizing the order and in the order confirmation email.

Payment Methods:

The CONTRACTING PARTY must pay the amount corresponding to his order by:

  • Credit card: entering your data in the existing payment gateway on the website. By accepting this means of payment, the CONTRACTING PARTY confirms that they are authorized to use the card used for this purpose, being the owner thereof. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
  • Paypal: for which the CONTRACTING PARTY declares to have an active account with said payment service provider, accepting the conditions of said service.
  • Bank transfer: in which case the request will not be considered formalized until the funds have been settled in the account informed by PIHERNZ.
  • According to the client’s usual method: which could be a payment by direct debit or cash on delivery. In this case PIHERNZ can carry out 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 the provisions of Law 37/1992, of December 28, on Value Added Tax and Royal Decree 1619/2012, of November 30, by which the Regulation is approved by which the invoicing obligations are regulated.

The 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 transposing it.

When determining the application of these laws, it will be considered for all purposes that the CONTRACTING PARTY is an entrepreneur or professional.

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

 

10. PAYMENT OF FEES

The prices indicated for shipping costs do not include import taxes (duties). These will be paid in cash by the receiver of the merchandise when it arrives at its destination.

 

11. ELECTRONIC INVOICE

In accordance with Law 56/2007, of December 28, on Measures to Promote the Information Society, 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 that is commonly used and readable with any of the current reading programs or web browsers on the market so that the CONTRACTING PARTY can read, copy, download and print it. In the event that the CONTRACTING PARTY does not have the means to do so, PIHERNZ will provide access to the necessary programs free of charge.

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

 

12. COPYRIGHT AND TRADEMARK

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

The trademarks of the products that PIHERNZ sells through the website belong to their legitimate owners. PIHERNZ may 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 removal of the aforementioned references.

 

13. CONTRACT LANGUAGE

For all purposes, it is considered that the language of the contract is the one used by the CONTRACTING PARTY at the time of making the purchase.

However, the English version of these general contracting conditions 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 predominant.

 

14. DISPUTES AND CLAIMS

The CONTRACTING PARTY may claim 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 individual 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 businessmen or professionals, any dispute or controversy will be submitted to the courts of the city of Barcelona.

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

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 sales 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)

For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce.

 

16. NULLITY OF CLAUSES

In the event that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very 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 the same unless expressly recognized by PIHERNZ.