GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
IDENTIFICATION OF THE RESPONSIBLE FOR THE WEBSITE:
This web page www.autosrivada.com (hereinafter, “Website”) is operated by:
AUTOS J. RIVADA R. S.L.U
Carretera Porriño – Redondela, 5 ,36419, Mos (Pontevedra)
Tomo: 2099 Libro: 2099
Folio: 51 Secc.: 8
This document establishes the terms and conditions governing the purchase through the Website owned by AUTOS J. RIVADA R. S.L.U. (hereinafter, “THE COMPANY”), of the goods offered therein (hereinafter, the “General Conditions of Sale” or “CGV”).
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. In the event of placing the order on behalf of a legal person, you declare that you have sufficient capacity to represent said legal person and to accept these Terms and Conditions.
Likewise, from the moment you prepare to make the purchase, after checking the boxes enabled in the purchase form, you accept and undertake to comply with these terms and conditions, without any type of reservation in this regard. These CGV replace any other previous condition reflected in any other document.
Consequently, please read these Terms and Conditions carefully before placing an order through the Website.
The purchase will be understood to be made at the registered office of THE COMPANY, indicated in the previous section.
THE COMPANY has the right to review and modify these Terms and Conditions at any time and without prior notice. However, these changes will not have any effect on orders sent prior to the corresponding modification.
CORRECTION OF ERRORS IN THE INTRODUCTION OF THE DATA:
The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through the customer profile created at any time. In the event that the payment has already been made and it is necessary to modify any information, subsequently, or you wish to provide us with any additional information, you can contact our Customer Service by calling 986 33 66 45 during business hours. 09:00 to 21:00 (LV) and 10: 00-14: 00 (S) or by sending an email to email@example.com.
The purchase process may be carried out in Spanish or English. You can choose the language option you want in the menu at the top right of the web. The steps that must be followed to make the purchase are indicated below:
To make the purchase you must have registered on the Website and register on it. For this purpose, it will be necessary for you to provide, among others, the following information, your name or business name, address, email, which must in any case be true and accurate.
Formalization of the purchase:
To complete the purchase, you just have to choose the vehicle you want, add it to the shopping cart and follow the steps indicated.
Once you have included the billing and shipping information, if applicable, and have proceeded to the payment, you will be informed of all the order information (including an order number [the “Order No.”]). Keep in mind that the Order Number is provided for reference purposes and that in no case constitutes a confirmation by THE COMPANY of acceptance of the order.
Placing an order means making an offer to buy in accordance with these terms and conditions. THE COMPANY reserves the right to accept said offer at its sole discretion, being able to accept it only partially, and in case of not doing so for any reason, THE COMPANY will try to contact you by email, telephone or postal mail and will reimburse you any amount you were able to deliver.
In the event that THE COMPANY accepts your order and after having verified the availability of the desired vehicle, as well as the payment made, it will notify you by sending an order confirmation (the “Order Confirmation”). Said Order Confirmation will be sent by email and will be effective from the date of shipment.
Once the Order Confirmation has been received, the car can be delivered through the following options:
Pick-up of the vehicle at the facilities of THE COMPANY
Sending it to the place indicated by
You can pay using debit cards or like Visa, MasterCard […].
Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank.
Nobody in THE COMPANY can have access to your credit card details, neither during payment, nor later.
In the bank statement you will receive a charge from THE COMPANY. If your bank authorizes payment with your card, we take care of processing your order.
The payment operation of your order by Bank Transfer is easy and safe.
Remember to indicate the “Order No.” in the subject of the bank transfer. The order can only be reserved when we receive confirmation of receipt of payment from our bank.
PayPal allows any business or individual consumer with an email address to send and receive payments securely. In the option that you will find “Payment with PayPal”, you will be able to access PayPal’s secure website. Once there, if you already have a PayPal account, you can authorize the payment.
If you do not have a PayPal account yet, you can register for free, including your debit or credit card, and you can make payments for your orders. The use of PayPal as a means of online payment is safe.
You expressly authorize THE COMPANY to issue the invoice in electronic form, it will be sent to the email that you have indicated, when registering on our website or, during the purchase procedure and will be sent in Spanish. Although you can communicate to us at any time your wish to receive a paper invoice in which case, we will issue and send the invoice in that format.
The electronic invoice will be filed on our servers for 5 years, counted from the moment it was sent to you by email. In this way you can request it, in case of loss, for example, through our customer service.
As a consumer, you have the right to be protected for a period of time against existing defects or lack of conformity of the purchased good:
This mandatory guarantee implies a series of rights that you can exercise:
Termination of the contract
Repair and substitution:
If the good is defective or does not conform to the one you bought, you can choose between repair or replacement, as long as one of these two options is not objectively impossible or disproportionate.
It will be free, as well as the cost related to it, especially shipping costs, costs related to labor and materials.
|It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the goods and their purpose.|
|Once the good has been delivered for repair, the warranty period is suspended until we return it repaired.|
|Generally, workshop repairs have a warranty period of 3 months or 2,000 kilometers traveled.|
|In addition, if the repaired good is still not in accordance with the one originally purchased, you can choose: its replacement (unless it is disproportionate), the price reduction or the termination of the contract (both explained later).|
When you deliver the car to us for repair, we will give you a receipt with the delivery date and the defect. When we deliver it repaired, we will give you another receipt with the delivery date and the repair carried out.
You will not be able to choose the substitution in the case of non-expendable goods (not replaceable because they are unique, as can happen with some vehicles), nor in the case of second-hand vehicles.
It will be free, as well as the cost related to it, especially shipping costs, costs related to labor and materials.
It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the goods and their purpose.
From the moment you request the replacement, the warranty period is suspended until we deliver the new vehicle. The new vehicle does not have a new warranty period, but continues with the initial one.
If the new vehicle is still not in accordance with the one originally purchased, you can choose: its repair (unless it is disproportionate), the price reduction or the termination of the contract (both explained later).
When you give us the vehicle to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new vehicle, we will give you another receipt with the delivery date.
Price reduction and termination of the contract:
You will be able to exercise this right, when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable time and without major inconveniences.
It will be proportional to the difference between the value of the non-defective or non-conforming good and the value of the defective or non-conforming good.
Termination of the contract
You will not be able to exercise this right if the lack of conformity is of little importance.
For the rest of the cases, you can exercise when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences.
How long do I have these rights?
2 years from the date it appears on the invoice issued.
2nd hand vehicles
1 year from the date it appears on the invoice issued.
How do I exercise them?
You should contact us by calling 986 33 66 45 where we will tell you how to proceed.
You must inform us of the defect or lack of conformity within 2 months from when you have evidence of it, since you will be responsible for the damages caused by the delay in your communication. However, you retain the rights mentioned above.
If the defect comes to light 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.
It is understood that the good does not present a defect or is in accordance with the purchased, provided that:
It fits the description made by THE COMPANY and possesses the qualities that have been indicated on this Website.
Be suitable for the uses to which the acquired thing is ordinarily destined.
And, present the usual quality and benefits of a good of the same type that are reasonably expected taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods.
Cases of non-application of the guarantee:
If it is a fault due to wear or tear.
In case the fault was already evident prior to purchase. That is, it must be a hidden defect.
In the case of new vehicles, if 6 months have already passed, it is up to the buyer to demonstrate that it is not a fault or defect due to use.
For any question or incident in this regard, you can contact us by calling 986 33 02 69 from 08:30 to 19:30 (M-F) and 10: 00-14: 00 (S).
LEGAL RIGHT OF WITHDRAWAL:
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007 ”), If you are a consumer, as said term is defined in the aforementioned regulation, you will have the right to withdraw from the sale within a period of 14 calendar days from when the car is in your possession.
How do I exercise my right?
You must notify your decision to withdraw from the sale contract through an unequivocal statement sent by email to the address firstname.lastname@example.org, by calling 986 33 02 69 from 09:00 to 21:00 (LV) and 10 : 00-14: 00 (S) or by postal mail to the registered office of the company indicated in these General Conditions of Sale, which includes your contact information, the order reference, delivery date and a photocopy of your ID / NIF. For this purpose, you can use this model withdrawal form.
THE COMPANY will contact you to coordinate, where appropriate, the return of the car.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of said right is sent before the corresponding period expires.
In the event of withdrawal in accordance with this Clause, THE COMPANY will return all payments received in relation to the purchase object of withdrawal, including delivery costs that you may have paid, no later than 14 days after the day on which THE COMPANY receives the communication indicated above. However, and where appropriate, the costs of returning or returning the car will be on your part.
THE COMPANY may make said reimbursement using the same means of payment that you would have used for the initial purchase transaction, unless another means of payment is expressly agreed. Notwithstanding the foregoing, THE COMPANY may retain the reimbursement until it has the automobile that is the object of the sale or until you have submitted proof of its return, depending on which condition is met first.
In any case, it must be taken into account that when said vehicle is subject to registration, the consumer buyer may exclude the aforementioned right by means of an agreement with the seller.
In any case, for any incident or claim you can contact us by calling 986 33 66 45 from 09:00 to 21:00 (MF) and 10: 00-14: 00 (S. As a consumer you can request sheets of claims at the registered office of THE COMPANY.
LIABILITY OF THE COMPANY:
THE COMPANY is not responsible for (i) those losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, income, benefits, contracts, data or unnecessary expenses incurred) (iii) those indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the purchase of the goods was formalized.
Nothing in these conditions limits or excludes our liability in the event of falsehood, death or personal injury attributable to our negligence or intent.
Likewise, our liability in relation to any goods acquired on our website will be strictly limited to the purchase price of the car.
Keep in mind that this has no effect on your legal rights as a consumer in the terms of Royal Decree 1/2007, nor on the right described in clause 8.
Applicable regulations require that part of the information or communications we send you be in writing. By using this Website, you accept that most of said communications with THE COMPANY are electronic. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that THE COMPANY sends you electronically meet the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send to THE COMPANY should preferably be sent through our email email@example.com. In accordance with the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send you communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made 24 hours after sending an email, or 3 days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address that you specified when placing the order.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS:
In the event of a purchase through this Website, these Terms and Conditions are binding both for you and THE COMPANY, as well as for the respective successors, assignees and successors in title.
You may not transmit, assign, encumber or in any other way transfer your contractual position or any of the rights or obligations derived from it in your favor or for you, without having obtained the prior written consent of THE COMPANY.
ONLINE LITIGATION RESOLUTION PLATFORM:
In accordance with the provisions of Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters by which Regulation (CE ) nº 2006/2004 and Directive 2009/22 / CE, consumers have an Online Dispute Resolution Platform, which they can access from the following link:
A direct access has been established in the “footer” or footer of the web page to allow easy access by consumers to said platform.
If any of the present CGVs were declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity, and the null or inapplicable clause will be replaced by another that may assimilate to the previous one in the most appropriate way possible.
Neither you nor THE COMPANY will be responsible for non-compliance with these Terms and Conditions as a result of force majeure beyond your control. Force majeure shall be understood as any act, event, lack of exercise, omission or accident that is beyond reasonable control, and in particular and for merely illustrative and non-limiting purposes, the following: strikes, lockouts or other protest measures, disasters natural, civil commotion, threats or terrorist attacks, impossibility of using trains, boats, airplanes, motor transport or other means of transport, among others.
It will be understood that the obligations will be suspended during the period in which the force majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the force majeure.
APPLICABLE LEGISLATION AND JURISDICTION:
The contract for the purchase of vehicles through this Website will be governed by Spanish legislation. Any controversy that arises or is related to the use of the Website or with said contract will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect the rights that current legislation may recognize as such.