TERMS OF SALE
GENERAL SALES CONDITIONS OF WIFIDOM, SL, with registered offices at Avenida de la Industria, 32. 28108 Alcobendas, Madrid (Spain, CIF B-63231666 and registered in the Madrid Mercantile Registry, Volume 36576 Folio 80, Sheet Number M -656650, Sec 8.-Registration 2. Email address: firstname.lastname@example.org
1. Validity and definition
a) These General Sales Conditions will be those that, exclusively, govern all contracts for the sale of products or services between WIFIDOM, SL and its customers, including those concluded online through its e-commerce website, and without prejudice to express and written agreement to the contrary between the parties.
b) It will be understood in any case that the client, when purchasing a product or service from WIFIDOM, SL, accepts by this same act the present General Sales Conditions.
c) For the purposes of these General Conditions, "consumers" shall be understood as those customers who, being natural persons, as final recipients, products or services of WIFIDOM, SL.
2. Preparation of the contract
a) By sending the corresponding order, the customer will express to WIFIDOM, SL his desire to purchase products or services. Having received an order, Wifidom, SL accepts said offer by sending the same customer, without delay, the corresponding order confirmation. Until the acknowledgment of receipt is held by the customer, WIFIDOM, SL reserves the right to accept or not any order that it may have received.
b) The confirmation will contain a summary of the order, including the essential characteristics of the good or service, price, basic information about the delivery (in particular, approximate date and place) and applicable expenses, as well as, if it were the case, the unavailability of a product. The confirmation will also allow the customer to access the information regarding conditions and ways to exercise the right of return and, if applicable, to withdraw the contract, and contact Customer Service.
c) WIFIDOM, SL will adopt the appropriate technical measures so that the customer can print or file the information contained in the order confirmation. d) From that moment on, the customer may request information from WIFIDOM, SL by any means, about the status of their order, as long as the nature of the good or service allows it.
3. Budgets and price
a) Unless stated otherwise, the validity of the written estimates of WIFIDOM, SL will extend for a period of thirty days from the date issued.
b) After this period has elapsed, or in the absence of a written budget, the prices and other expenses will be those established by WIFIDOM, SL on the date the client places his order.
c) The prices indicated in the catalog and website, especially on the latter's electronic commerce platform, do not include VAT or any other tax, unless expressly indicated, and may vary without prior notice. In case of typographical error, WIFIDOM, SL, may cancel the order or negotiate with the customer for a special price.
d) The prices indicated in the catalog and on the website, especially on the latter's electronic commerce platform, do not include transportation, unless expressly indicated. The customer has the option of contracting the shipment of material through WIFIDOM, SL, or using their own means of transport. WIFIDOM, SL will offer the option of transport with or without insurance, being in one or another case exempt from any responsibility for replacement of material in the event of loss or damage on the way from our warehouses and the place of delivery established by the client.
4. Payment terms
a) In the case of product acquisition, payment will be made in its entirety before delivery.
b) In the case of contracting services, whether or not they entail the supply of products, 75% of the payment will be made before the provision of the service, and the remaining 25% payment must be made once said provision is made, and in all cases within thirty days of the invoice issue date. If, after said term, and after a written complaint of default, payment has not yet been made, the legal interest rate plus an additional 50% on the amount due will be applied. If, as a result of the aforementioned breach, WIFIDOM, SL were forced to initiate any actions aimed at recovering the debt or recovering any product, the consequent expenses will be borne by the customer.
c) The deadline established by Wifidom to receive payment of the entire amount of the order is four days in the case of orders made and paid from Spain and seven days in the case of orders made from a foreign country. If after these deadlines, Wifidom has not received the payment, the order will be canceled. If, once the order has been canceled, the customer still wants to purchase the material, he would have to place the order through www.wifidom.com. In any case, customers who place orders must send proof of payment within 48 hours by email to email@example.com
d) In compliance with the law, in placing an order from a non-EU country where the customer chooses to pick up the merchandise at WIFIDOM, SL offices or warehouses (either a natural person who pick up or a courier or transport company), it will be necessary for the customer to pay 21% VAT on the items of his order (although the online store www.wifidom.com has not charged said VAT when ordering). In the same way, we will proceed with the orders made from the Canary Islands, Ceuta or Melilla.
5. Delivery of products or services
a) To the degree possible, depending on stocks, the nature of the good or service, or other relevant circumstances, WIFIDOM, SL will specify an approximate delivery date in the order confirmation, which in no case will extendbeyond thirty days after the customer had requested the order.
b) WIFIDOM, SL will make every reasonable effort to make the delivery within the agreed period, and in any case within the thirty days referred to in the previous section. If, despite this, this last period of thirty days elapses without the delivery having been made, WIFIDOM, SL will contact the customer to propose a new delivery date, with the consequent power of the customer to terminate the contract and obtain a refund of the full amount of the price, if it has already been paid, an amount that WIFIDOM, SL will return to the customer within a maximum period of thirty days from the request.
c) The place of delivery will be the one indicated by the customer, asindicated in the order confirmation.
d) In shipments with customs clearance, once the material arrives at the customs office corresponding to the recipient, Wifidom will not be responsible for the procedures and taxes that need to be fulfilled in accordance with the specific law of each country. Wifidom will provide the necessary documentation that is in order and can be collected, to facilitate the reception at destination of the items purchased at www.wifidom.com .
6. Responsibility derived from the contract
a) In the case of acquisition of products, or services that do not entail the supply of products, their acceptance by the customer shall be deemed to have taken place once the delivery or provision has been made, as appropriate.
b) In the case of contracting services that entail the supply of products, acceptance by the customer will be understood to have taken place once the installation has been carried out by WIFIDOM, SL, in accordance with the provisions of clause 7 b) of these General Conditions.
c) In accordance with current legislation, WIFIDOM, SL will be obliged to repair damages caused by willful or negligent conduct of its employees. Said responsibility will be limited to the value of the product or service, unless the result has been death or bodily injury, in which case no limitation will apply.
d) WIFIDOM, SL is not liable in any way for any circumstance derived from the application of information, such as for example all those relating to the number of users, connections, actual bandwidths, EIRP power or similar issues, as well as any characteristic subject to other external factors such as weather conditions, orography, network connections, user equipment, peripherals, accessories, etc., all of which are indicated at a purely estimated level, based on data provided by the manufacturers of the equipment or the constituent components, favorable conditions of use, concurrency rates and normal configuration parameters.
e) WIFIDOM, SL will not respond in any way to its customers for: losses generated by the customer by not observing indications, advice or guidelines for action recommended by WIFIDOM, SL, in relation to the proper functioning or optimal use of products or services; any form of lost profit alleged by the customer, in particular that which could originate in dysfunctions or defects solved by WIFIDOM, SL; losses derived from the combination by the customer of the equipment or materials supplied by WIFIDOM, SL with others provided by the customer or by third parties; or losses caused by force majeure, in any case being understood as such: natural or environmental phenomena or catastrophes, riots or revolts, insurrections, strikes or other labor conflicts, wars, terrorist attacks, product shortages, interruptions in the provision of services, political or government acts, legal limitations or court orders.
f) Unless previously authorized in writing by WIFIDOM, SL, the customer may not assign to a third party the rights or obligations that these General Conditionsconfer or impose on him.
7. Pre-configuration and installation services
a) The pre-configuration service consists of sending the configured equipment according to the parameters and functionalities required by the customer. This service can only be contracted at the time of purchasing the equipment and will require the customer to fill out the form with the data necessary for its correct execution.
The preconfiguration service does not include the manipulation of equipment other than that acquired at the time of contracting the service.
b) The installation service includes the installation and starting up of the equipment, as well as the elements needed for its special operation.
The customer must sign the service request document before the service will be carryied out. In this document, the equipment to be installed and the requested configuration will be specified.
Once the service has been carried out, the technicians of WIFIDOM, SL will proceed to review together with the customer the situation and degree of functionality of the installation, and both must jointly sign the declaration of conformity at the conclusion of the same.
8. Maintenance Contract
WIFIDOM, SL offers its customers the possibility of contracting a global maintenance service that covers telephone support, parts, labor and travel. The conditions of said contract will appear in it and the cost will be based on its duration, installed equipment, distances and type of service provided by the technicians.
9. Repairs and returns
a) REPAIRS: Without prejudice to the warranty clauses provided for in these General Conditions, the customer may request the repair of the product if it has any defect, or the replacement of the product or service by another of identical or similar characteristics, in accordance with the following conditions:
- The return of equipment due to breakdown will be made by prior request for an RMA number by the customer through the form that WIFIDOM, SL will make available on its website, or by email or fax. No equipment will be accepted without the correctly completed RMA form.
- The equipment must be sent in the box, envelope or packaging, and the RMA number provided by WIFIDOM, SL must appear. If several units are sent in the same package, the RMA numbers of all of them must appear on the outside of the packaging. Shipping costs and risks are the responsibility of the customer.
- Once the equipment has been repaired or replaced, WIFIDOM, SL will send it to the customer with freight prepaid, provided that the equipment is under warranty. The equipment will be shipped in the same packaging conditions and with the same elements and accessories provided by the customer. All equipment that after the technical review, would not have needed any repair and whose operation was therefore correct, will incur an extra cost that will range from € 30 + VAT and € 60 + VAT as determined by our technical department and which must be paid before the return of said equipment.
b) RETURNS: WIFIDOM, SL offers its customers the possibility of evaluating the equipment or solutions purchased during a period of seven days from their delivery. During this period, the customer may return the equipment to WIFIDOM, SL, at his own expense, in which case he must also request an RMA number using the corresponding form. Shipping costs and risks will be the customer’s responsibility. In this case, WIFIDOM, SL, within thirty days from the date of receipt of the product, will refund the amount paid for the purchase. WIFIDOM, SL will deduct from the amount of the equipment to be reimbursed the amount corresponding to the expenses related to preconfiguration, programming and installation, transportation and per diem, as well as all anypost-sales services that have been used, including 10 % of its value for use and administrative expenses. WIFIDOM, SL will only accept the return of equipment in the seven days following its delivery in the event that they are returned in perfect condition and with all the elementsin their original packaging and provided that they are not products manufactured in accordance to specifications or customizationspecified by the customer.
c) CLAIMS: WIFIDOM, SL, offers its customers the possibility to check the equipment or components purchased and communicate any breakage or error in the shipment by sending an email to firstname.lastname@example.org within a maximum of 48 hours. If you do not receive your order in whole or in part within 24 hours if it is a metropolitan area or 48 hours if it is a town or a rural area, from the date of receipt of the order confirmation (which includes your tracking code), you should inform Wifidom immediately by sending an e-mail to email@example.com. If Wifidom does not receive your notice within 48 hours of the estimated arrival date, Wifidom will not be able to make the claim to the insurance company on time and the possible loss will not be covered.
10. Payment and security of personal data
a) Wifidom, SL offers the following payment options:
- Bank transfer
- Credit card: VISA, American Express or Master Card.
- Or any other electronic payment gateway or similar means.
In the case of bank transfers, the receipt of payment by fax or email will be required as proof of payment, and WIFIDOM, SL reserves the right to retain the merchandise until the bank receives the funds. Regular customers who wish to opt for a deferred payment method, may request it from our Administration department, which will require the relevant documentation to proceed with its analysis and subsequent acceptance in the event of being resolved favorably.
b) WIFIDOM, SL does not use in any way the credit card numbers of its customers for any other purpose than to formalize their payments.
c) The customer accepts the handling by WIFIDOM, SL of the personal data that has been provided, as a result of transactions carried out under these General Conditions. Said handling will be regulated by the terms of the Data Protection Policy of WIFIDOM, SL, which the customers can consult on the website www.wifidom.com
11. Use of software
a) When, depending on the products or services supplied, the use of certain software is required, whether it is the property of WIFIDOM, SL, or to that of third parties, WIFIDOM, SL, in its own name or in that of the third party owner of the software, will license a copy for indefinite, non-exclusive use bythe customer, its price being included in the total product or service. The corresponding license will in no case transfer the proprietary title to the customer over the software to which it is subject, and the latter is not empowered to allow further uses of the software without prior written permission from WIFIDOM, SL, or to alter, deconfigure it or manipulate itin any other way , without the prior written authorization of WIFIDOM, SL b) On the software subject to this license, WIFIDOM, SL reserves all other intellectual and industrial property rights provided for by current legislation.
12. Guarantee: application conditions
a) The products manufactured by WIFIDOM, SL have a two-year guarantee in accordance with current legislation, a guarantee that will be provided by their manufacturer. This guarantee includes the parts and labor necessary to repair damaged equipment, as well as the preconfiguration of the equipment if it was contracted at the time of purchase. The installations carried out by WIFIDOM, SL have a guarantee period of 2 years, only for those failures directly related to defects in the execution of the installation.
b) WIFIDOM, SL does not guarantee the products of third parties.
c) Neither the guarantee of equipment nor that of installations include travel to the customer's site. In case of requiring travel, the customer must request a maintenance contract at the time of purchase or after, in which case a grace period of fifteen days will be applied in the provision of this service.
d) Neither the equipment guarantee nor the installations guarantee include the disassembly and subsequent assembly of the damaged equipment or equipment in its place of operation. In the case of requiring dismantling and subsequent assembly, the client must request a quote, or failing that, make a maintenance contract at the time of purchase or after it, in which case a grace period will apply. fifteen days in the provision of this service.
e) The guarantee does not include replacement equipment, except in cases in which said service is contracted at the time of purchase of the equipment.
f) The guarantee will not apply in the event that the intervention of the client is detected by opening or breaking the guarantee seals, or with respect to equipment that presents damage due to breakage or damage due to inadequate maintenance, use or treatment, falls, vandalism or analogous actions.
g) The guarantee of WIFIDOM, SL will not extend to damages caused to the product by external causes, such as environmental disturbances, accidents or damage during shipping, attacks against computer security (viruses, cracking), customer or third party software , deficiencies related to the installation location, or mismatches in the supply of electric current, among others of a similar nature; nor will it cover claims related to the performance, useful life or quality of its products.
h) Unless expressly agreed in writing to the contrary, WIFIDOM, SL does not guarantee the suitability of its products for the specific uses or performance that the customer decides to give or obtain from them. Nor is operation guaranteed free from occasional malfunctions.
i) The guarantee will not take effect if the customeris in a situation of having defaulted on payment with WIFIDOM, SL, being the prior payment of the pending debt an indispensable condition to obtain guarantee coverage.
13. Warranty: repair process
a) The repair process under the warranty takes place on three levels:
- Level 1. Communication of the anomaly by email to firstname.lastname@example.org. Once the notification has been processed, the technical service of WIFIDOM, SL will contact the customer in writing or by phone to try to solve the problem without sending the equipment.
- Level 2. Shipment of the equipment by the customer. Once the methods of resolving the incident of the first level have been exhausted, the equipment will be sent to WIFIDOM, SL upon request of the corresponding RMA number (see equipment return conditions in clause 9). Once received, the technical team of WIFIDOM, SL will proceed to inspect the equipment and check the possible failure.
- Level 3. Shipping to the manufacturer and return to the customer. After checking the equipment failure and verifying the state of the warranty seals, WIFIDOM, SL will send said equipment to the equipment manufacturer along with the necessary documentation and descriptions in the language designated by the manufacturer. Shipments are made on a consolidated basis each month, so it may take several days for it to be shipped to the manufacturer. Once repaired or replaced, the unit is sent to WIFIDOM, SL and immediately forwarded to the customer.
b) WIFIDOM, SL offers its customers the possibility of contracting the Replacement Guarantee service (see description in clause 14 of these General Conditions), thus avoiding delays in facility operations.
c) If during the inspection of level 2, tampering by the customer is detected, causing failure or dysfunction due to configuration errors, WIFIDOM, SL will invoice the customer for the amount of 40 euros + VAT for the time spent in checking and failure resolution. The payment of said amount must take place prior to the return of the equipment by WIFIDOM, SL to the customer.
14. Replacement Guarantee
a) In order to avoid delays in the resolution of failures and to maintain the highest degree of operability in the customer's equipment, WIFIDOM, SL offers the possibility of contracting a Replacement Guarantee Service. This service consists of the immediate replacement of the equipment sent with the corresponding RMA.
b) Through this service, WIFIDOM, SL undertakes to have in stock equipment of the same or higher category that the customer purchases, for immediate shipment once the damaged equipment has been received.
c) The Replacement Warranty Service must be contracted at the time of purchase, specifying in the invoice the serial numbers of the equipment included in the contract.
d) The Replacement Warranty can only be applied simultaneously on the number of units contracted at the time of purchase, that is, if the customer contracts the replacement guarantee for one piece of equipment, only one of the units reflected in the invoice will be replaced, if a warranty for two is contracted, two unit can be replaced simultaneously, and so on.
e) In the case of equipment that is less than one month old, WIFIDOM, SL will send as replacement equipment a new unit of equal or superior category. If the equipment is older than a month, WIFIDOM, SL will send a unit of the same or higher category that may have been previously used.
f) Having hired the Replacement Warranty Service, if the equipment failure allows its operation and is also in a critical service position, the customer may request prior shipment by WIFIDOM, SL of the replacement equipment to carry out the replacement with the least possible impact. In this case, the client must make a deposit equivalent to the value of the equipment shipped, which will be refunded once the damaged unit is received.
15. Post-sales services
WIFIDOM, SL offers its customers the following types of post-sales service:
Free. Through the electronic means that WIFIDOM, SL offers its clients: website, online chat, email.
Payment - Telephone. Through telephone support packages of one, five or ten calls, or through quarterly, semi-annual or annual support contracts.
Payment - In person. By contracting the technical assistance services on site.
16. Customer service
a) For the resolution of any doubts, incidents or complaints related to your orders, or with the products or services purchased, WIFIDOM, SL Customer Service is available to its customers using the mail email email@example.com.
b) In case of request for product repair under warranty, we will proceed in accordance with the provisions of clause 13.
c) In case of other requests, or particularly complaints, the customer will first address our Customer Service, which will process the request within a maximum period of 10 days from receipt. If our Service is not in a position to provide the customer with a solution within the aforementioned period, it will inform them of such, while at the same time setting an additional term of another thirty days. If he/she is not satisfied with the solution that WIFIDOM, SL proposes, the customermay submit the complaint to the instances of conflict resolution referred to in these General Conditions.
d) For greater guarantee of its clients, WIFIDOM, SL will archive the file containing the main issues relating to each of the complaints received.
17. Contract termination
a) The following causes will authorizeeither of the parties to terminate the contract, after notifying the other in writing:
• the declaration of the other party in bankruptcy or insolvency, making impossible the payment of the debts contracted;
• the breach by the other party of its obligations under these General Conditions, if, after a written request for compliance, it does not do so within thirty days;
• the persistence for more than two months of any circumstance of force majeure, such as those mentioned in clause 6 e) of these General Conditions, without prejudice to the fact that the respective period of compliance by the parties with their contractual obligations may to be increased by mutual agreement up to another term, with the aforementioned two-month limit.
b) WIFIDOM, SL may terminate the contract without further formalities other than prior written notification to the customer, if the customer does not carry out payment of the price within the agreed period .
18. Applicable legislation and conflict resolution
a) Without prejudice to the rights legally recognized of customers who have the status of consumers, these General Conditions and their interpretation, as well as any litigation arising from the contract between WIFIDOM, SL and its customers will be governed by Spanish law.
b) By expressly waiving their own jurisdiction, the parties agree to submit to the jurisdiction of the Courts and Tribunals of the Community of Madrid (Spain).