1. GENERAL CONDITIONS
1.1 These General Terms and Conditions shall expressly govern the relationships that arise between Energy Sistem Technology S.A., company registered in the Mercantile Registry of Alicante, inscription number 1, page A37915 sheet 210 volume 1915 and with tax registration number (C.I.F.) A53107488 - VAT ES53107488, C/Calpe, 1,Finestrat, Alicante, (03509) (hereafter " ENERGY SISTEM ") as owner of the brands Energy Sistem and Soyntec and the third parties (hereafter the "Users") who register as users and / or purchase products through the official ENERGY SISTEM website online store (energysistem.com and soyntec.com)
http: //store.energysistem.com, (hereafter the "Store").
2. USER'S DUTIES
2.1 The User agrees to use the Store to purchase the Products and to use each of the services of the Store diligently under the law, morality, public order and provisions hereof. He must also prevent himself from using the said Products or services in any way that may prevent, damage or deteriorate the normal operation and use of the Store on the part of the Users or that may harm or cause damage to ENERGY SISTEM goods and rights as well as to those corresponding to its suppliers, Users or, in general, any third party.
3. PRODUCTS AND PRICES
3.1 ENERGY SISTEM reserves the right to decide, at all times, the Products that are offered to the Users through the Store. In particular, BABYGEAR,SL may at any time add new Products to the ones offered or included in the Store, understanding that unless otherwise provided, such new Products shall be governed by the provisions of these General Terms and Conditions. Also, BABYGEAR,SL reserves the right to stop providing or facilitating the access and use at any time and without prior notice of any of the different types of Products that are offered in the Store.
3.2 The Products included in the Store shall match, as truly as the website display technology allows,the Products effectively offered. The characteristics of the Products and their prices are displayed in the Store. The prices given in the Store are in Euros and include VAT 21 %, unless otherwise provided.
3.3 A special 50% discount that cannot be combined with any other offer has been applied to all refurbished products.
4. WAY OF PAYMENT
4.1 Within a maximum period of forty-eight (48) hours, ENERGY SISTEM shall send an e-mail to the User confirming the purchase. This e-mail shall give a detail of the characteristics of the Product, its price, shipping and handling costs.
4.2 The User who purchases a product through the Store must make the payment using the payment options specifically detailed in the Store.
4.3 ENERGY SISTEM shall file the electronic documents formalising the contract and shall send a copy to the User once the purchase has been made.
4.4 The confirmation of the order sent by ENERGY SISTEM is not valid as an invoice, but it's simply a purchase receipt. ENERGY SISTEM shall send the invoice and/or receipt with the Product to which it refers.
5. WAIVER RIGHT
5.1 The user has the right to waive the purchase, for which he may contact ENERGY SISTEM at the following e-mail address: email@example.com and waive the purchase within a period of no more than 15 working days as of the Product reception.
The Product should be sent together with the fully completed return form and a fully completed copy of the delivery note or of the invoice thereof. ENERGYSISTEM shall not pay the Product direct return cost, which should be performed in accordance to the instructions that ENERGY SISTEM gives to the User in reply to his waiver notification.
5.2 The waiver involves the refund of paid monies and the corresponding taxes. The total amount will be refunded using the same method of payment of the user. The original costs of processing, C.O.D and shipping costs will not be refunded.
In the event that the original shipping costs were assumed by Energy Sistem, because the customer exceeded a certain amount, ENERGY SISTEM reserves the right to deduct from the refund the above mentioned shipping costs.
The customer must state the holder and the number (20 digits) of the bank account to which ENERGY SISTEM should make the refund. The term for this refund shall be the one stated by law.
5.3. The waiver right may not be exercised if the Product is not returned in its original packaging and when the Product is not in perfect conditions.
Access to the form
6. CUSTOMER CARE SERVICE
6.1 For any defect, claim or exercise of his rights, the User may send an e-mail to the following address: firstname.lastname@example.org.
7. HOME DELIVERY SERVICE
7.1 The geographical area of sales through the Store is exclusively for the territories marked, meaning that the delivery service shall only be rendered within this area. Products purchased through the Store shall be sent to the delivery address stated by the User once payment has been verified. The maximum delivery term is of thirty (30) days such as stated by Law. The average delivery period is from 3 to 4 days.
7.2 The ENERGY SISTEM delivery service is performed in collaboration with a number of logistics operators of acknowledged prestige. Orders shall not be sent to Post Office Boxes, hotels or other non-permanent addresses.
7.3 The shipping and handling costs is not included in the price of the Products. At the time of purchase of the Product, the User shall be informed of the exact shipping and handling costs.
7.4 Clients from Canary Islands, Ceuta, Melilla and International destinations are liable for the payment of custom fees and/or importation. Shipping fees do not include customs charges and/or VAT in the country of origin. ENERGY SISTEM is not responsible of additional charges; these charges are responsibility of the client.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all elements of the Store and each of the products, information and materials contained in the same, the names, structure, selection, ordering and presentation of the content hereof, and the computer programs used in relation to the same are protected by the intellectual and industrial property rights of ENERGY SYSTEM itself or third parties, and that in regards to these industrial and intellectual property rights the General Terms and Conditions do not give him any other rights than those specifically covered thereof.
8.2 Unless authorised by ENERGY SISTEM or, as the case may be, by the third-party holders of the corresponding rights, or except if allowed by law, the User shall not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available, or allow access to the public through any way of public communication of any of the elements referred to in the previous paragraph.
8.3 The user must abstain from avoiding or manipulating any technical devices established by ENERGY SISTEM or by third parties in the Store.
9. DATA PROTECTION
9.1 Your personal details and other information provided by means of the registration form and from the transactions made, shall be included and kept on a file belonging to ENERGY SISTEM until you request it to be cancelled. The treatment thereof shall be used for the performance and execution of the sale, the personalised care of the products and services that you purchase and the improvement thereof as well as the promotion of proprietary products and services and those of third companies related to ENERGY SISTEM.
9.2 The User may, at any time, exercise the rights of access, rectification, opposition or cancellation by means of e-mail addressed to email@example.com
10.1 ENERGY SISTEM shall provide personal passwords to the user who signs in on the website. These passwords shall be used to have access to the services provided by the Website. The user must keep the passwords under his exclusive liability in the strictest and most absolute confidentiality, therefore being liable for the damages or consequences of any kind that arise from the breach or disclosure of the password. For security reasons, the user may change the telematic access passwords to the services related to the Website at any time. The User agrees to immediately inform ENERGY SISTEM of any unauthorised use of his password and of any access to the said password by unauthorised third parties.
11.2 Should the User not want a cookie to be installed on his hard drive, he should configure his Internet browser in such a way that it does not accept the said cookies. In the same way, the User may freely destroy the cookies. In the event the User decides to disable the cookies, the quality and speed of the service may diminish and he may even lose access to some of the services offered in the Store.