TERMS AND CONDITIONS OF PURCHASE OF LABCOMERCIAL

1. Field of application

The present Conditions of Purchase are applied strictly to all commercial relations of product sales as well as any service associated with the company LABComercial with natural persons (individuals and professionals) or legal persons (companies, foundations, universities and schools) from now on Client and that contract through the web www.labcomercial.com so it is outside the scope of the application of the regulations referring to Consumers and Users.

The use and/or acquisition of any of the products from the web page of LABComercial necessarily implies the acceptance as Client, without reserves of any class, to all and each one of the present conditions of purchase effective in the date in which the corresponding operation is made as well as to the particular conditions that in their case govern the acquisition.
It informs that the procedures to carry out the acquisition of products are those that are described in the present document as well as those other specific ones that are indicated in screen during the navigation in the store so that the Client declares to know and to accept these procedures as necessary to accede to the products and services offered in the page Web of LABComercial.

Any modification and/or correction of the data provided by the Customer during navigation will be possible and must be carried out according to the indications included in the web. To communicate with us, we put to your disposition different means of contact that you will find in our section "11.Notifications" of this same document.

2. Products

The product is understood to be all the goods and services sold, commercialised, carried out or executed by LABComercial with the characteristics and prices that are seen on the web.

The photographs of the product shown on the web or in the catalogue are orientative and can suffer modifications, as well as the weights, sizes and dimensions indicated are approximate values and cannot be considered contractual.

The specifications of the products indicated in the catalogues and technical data sheets when they comply with some regulations of use, we only guarantee that they comply with the indicated regulations and not those not mentioned.

LABComercial reserves the right to decide at any time which products are presented to the Client through its web page, in addition it reserves the faculty to modify the range of products due to the variation in the market or to eliminate at any time and without previous warning any of the products offered in the web.

The supply of the product is limited to the delivery in the place indicated by the Client, without including on the part of LABComercial the benefit of the assembly or installation of the product.

3. Responsibility for the use

The Customer is solely responsible for the choice of the product as well as the use or function for which it is intended. LABComercial does not become person in charge nor guarantees that it is the adapted one for the technical applications tried by the Client nor to reach in everything or partly the objectives anticipated by this one when making the purchase. Any recommendation of use by the personnel of LABComercial is made in good faith and according to our knowledge without it supposes an explicit or implicit declaration of suitability of the product for the use determined by the Client.

The Customer will have to have a special care if they make available to people under age equipment and products supplied by LABComercial, even within the school scope. It is responsibility of the Client to fulfill the effective norm and very especially with respect to dispositions relative to labor security, hygiene and prevention of risks. In the particular case of the equipment, the Customer is the only one responsible for its maintenance, periodic calibration and/or verification and to know the possible regulations to which it is subject to be used.

4. Orders

The Customer can place orders 24 hours a day through our website.  We do not have a physical store only the option of collecting the package in our warehouse located in Barcelona city. (More information in section 8 "Order deliveries")

To initiate any purchase through the LABComercial store it is essential that the Customer is of legal age and that he or she registers on the web, creating a user account, following the instructions that will appear on the following screens and filling in the relevant forms. In the case that LABComercial has knowledge that the Client is a minor, his account and access to the Web will be automatically cancelled.

If you need help as a user of the web, you can consult through the section of our store "How to buy"; or contact our customer service through the mail info@labcomercial.com or through our telephone +34932001484.

5. Quotation

All special prices or discounts agreed must be confirmed in writing by LABComercial.

For a quotation, it is essential to be registered as a customer with the tax address and delivery address. It will be possible to be asked for a quotation through any way to contact of our store informing the articles with the references and units of each reference to be quoted.

When the request for a quote is received, it will be answered as soon as possible by sending a proforma invoice.

6. Price, conditions and forms of payment

All prices shown in our shop are with VAT (Spanish Value Added Tax)

The minimum amount of purchase in our shop is 9.50 euros including VAT and excluding the cost of transport (7.85 euros excluding VAT) .

The purchase prices are those in force at the time the order is placed and are those that appear on the Web except for typographical error.

The agreements and discounts of the prices of the products that do not appear in the Web will be communicated to the Client by e-mail. The products out of our catalogue will be exempt from the right of return.

The cost of transport is borne by the customer and can be consulted directly when making a purchase on our website and fill in the fields of tax address and delivery address.The cost of transport will depend on the selected agency and will be according to the destination and weight of the package.


When the customer confirms his/her order, he/she will receive an e-mail with the order information: the products purchased (reference, units and total), the transport company, the delivery address of the package and the fiscal address of the invoice.

The form of payment may be by:

- Bank transfer
- Credit card through a secure payment gateway of the contracted bank.

Bank transfer

By selecting this payment method, the Customer will receive a second e-mail with the information of the total amount of his/her order and the bank details to make the payment.

The order will be sent when the income to the bank account has been verified. The Customer may speed up the processing of the order by sending the proof of the bank transfer to the e-mail info@labcomercial.com.  All bank expenses or commissions generated by the transfer will be paid by the Customer.

 
Credit Card

LABComercial has an electronic commerce payment gateway (virtual TPV) through a bank. When the Customer selects this method of payment, our web moves him/her to a new page owned by the bank. All the data provided on this page are encrypted to guarantee the maximum security of the connection, complying with all the regulations and security protocols in force, guaranteeing the confidentiality of the data.

LABComercial declares that it does not store any data provided by the Customer in the process of payment by credit card.

In the case that the Client finds an incidence or difficulty to formalize his order, he will be able to contact with us and the order will be processed attending to the data that it facilitates via electronic mail or telephone. In these cases, payment can only be made by bank transfer.


Terms of Payment

The payment of the order will always be prior to the shipment of the products. The order will be delivered with the invoice printed on paper.

If the customer has a private agreement for the payment of invoices, the payment must be made within the agreed period. Any delay will automatically result in the application of penalties for delay equivalent to 1.5 times the legal interest rate in force on the due date of the invoice payment. The action of a summons addressed to the Customer by registered letter with acknowledgement of receipt is reserved, without prejudice to other rights protected by law.

7. VAT Exempt Customers

Canarias, Ceuta and Melilla

Due to the special tax regime, the order will be exempt from the payment of VAT and subject to the payment of import tax where applicable.

Customs clearance costs and import taxes are not included in the price of the article or in the shipping price and must be paid at destination by the Customer.

The order will always be processed manually and through a proforma invoice. Payment can only be made by bank transfer. To request a quote, it is essential to be registered as a client with the fiscal and delivery address.

Local taxes will be paid by the Customer and must be paid to the carrier prior to delivery of the package.

Customer from the European Union (EU) with a VAT Number exempt from VAT

The Customer must have a valid European tax-exempt identification number at the time of purchase. During the registration process as a customer, the tax number and its VAT NUMBER will be requested, so that the customer will be exempted from the VAT or tax charge.

We recommend that before paying for your order, you check that your registration has been processed correctly and, if in any doubt, contact our Customer Service Department by clicking on this link: "Contact Us".

We have carriers for shipments within the European Union. Likewise, the Customer can agree to send his/her carrier to pick up the package at our warehouse, for more information, click on this link: "Warehouse".

Client doesn't belong to the European Union (EU)

If the country of delivery / tax country does not belong to the European Union, please contact our Customer Service. The order will be processed manually, the payment will be made by bank transfer after the estimate or proforma invoice.

In order to process the request, the following information must be sent via e-mail info@labcomercial.com or contact form, at the following link: "Contact Us" with the following information:

- Data for registration as a client: e-mail, contact person, fiscal address and delivery address.

- Product and unit references for each reference.

The request will be processed as soon as possible and different information mails related to the order will be sent, attaching the proforma invoice / quotation in PDF file.

All taxes, commissions, fees, duties and brokerage reported by the order will be charged to the Customer.

8. Delivery and transport of the order

In our shop you can create different addresses and identify them with a name or title to make the delivery or that is the tax data for invoice. The delivery address may be the place of work or even a third party or a delivery centre of the transport company itself.

During the purchase process, can filled different address for the delivery and for invoice address.

The products will be delivered to the place indicated by the Customer as "Delivery Address" and which will be detailed in the "Order Confirmation" by e-mail. We recommend that upon receipt of this e-mail, the Customer checks that the details of his order are correct. In the event of an error in the delivery address, additional charges must be paid by the Customer directly to the carrier.

The transport costs will always be paid by the customer and their amount will depend on the destination and weight of the package. To know the amount of an order, must be registered as a customer with the tax address / delivery address and select the carrierr.

LABComercial is committed to ensuring that the shipment leaves the warehouse as efficiently as possible after payment has been made and that it will work to shorten delivery times as much as possible. This time will depend on the type of carrier selected and take account of the fact that shipments are processed on working days in Barcelona city.

In the event that there is a delay in the delivery of the order, the Customer will be informed as soon as possible by e-mail and this will not automatically mean the cancellation of the order or any indemnification.

The products always travel at the risk and expense of a transport agency so LABComercial is not responsible for any damage, loss, transport, injury or accident that may occur during the delivery of the products.

LABComercial informs that to be able to provide the service of transport contracted, the personal character data such as: electronic mail, name, surnames, address and telephone of contact of the Customer, will be yielded to the company of transport with the purpose of carrying out the delivery of the requested material. By means of the acceptance of the present conditions it will be understood that the Customer authorizes LABComercial to carry out the treatment of the personal data of the Customer only and exclusively for the mentioned purposes.

9. Delivery of the order

The Customer must verify at the time of receipt of the products, the good condition of the packages delivered and that the numbers of packages received correspond to the same number of packages indicated on the delivery note. By signing the conformity of the delivery note of the carrier, the Customer agrees to the condition of the packages and the number of packages on the delivery note.

If the package appears to be damaged or if the material is broken when moved, the Customer must not accept the delivery and must not sign the delivery note. In this case, the carrier will notify us of the incident and we will work to resolve it as soon as possible.

After receiving the order and signing the delivery note, in the case that the Customer on having opened the package and observes that the goods are damaged, will have to inform LABComercial immediately across the e-mail justifying it by means of photos. Once, passed the first 24 hours from the delivery, LABComercial will not become person in charge of the state of the merchandise received by the Customer.

LABComercial reserves the right to replace the material when the circumstances or the precedents take to him to determine, to their single criterion, that the Client acts with bad faith in his claim.

10. Returns or withdrawal of orders

The Customer will have a period of fourteen (14) calendar days, according to the official calendar of their place of habitual residence, from the time of receipt by the Customer of the products purchased. In any case, it will be understood that the Customer has known the right of withdrawal from the registration as a user on the website that requires the reading and acceptance of these Terms of Purchase, and in any case from the time the order is placed.

The procedure to exercise a return will begin with the request of the Customer by means of the opening of management through the Department of Attention to the Customer that appears in the web page and its shipment to LABComercial. The Department of Attention to the Client will give answer him in a maximum term of 48 working hours from the reception of the request, assigning if they proceed instructions of return.

In case of acceptance of the return of the material on the part of LABComercial, the Customer will receive via mail, the number of return and the instructions to come back. The Customer will be able to make his return in the term of the five days following the reception of the mail, indicating in the shipment package the number of return assigned.

Any returned product that is not received in perfect condition and/or in its original packaging will not be accepted. The return of the product will not be accepted once it has been used or if it has been altered or modified.

Accepted the dropping of the Customer on the part of LABComercial and once received the material with conformity of its correct state, LABComercial will return the amounts received by means of credit of the same form in which the remaining payment was made the retention of the corresponding banking commission if it was the case. The amount of the expenses of shipment will not be paid.

11. Notifications

To the effects of the present conditions of purchase and for any communication that is precise between LABComercial and the Customer, this one will be able to go through:

Customer Service
Using the contact form on our website through the following link: "Contact Us"

Via email
By emailing info@labcomercial.com

Postal mail
By means of a written communication addressed to the CUSTOMER SERVICE Department of Lab Comercial Equipments, S.L., Calle Amigó 35 4t B, 08021 Barcelona (SPAIN).

The communications of LABComercial to the Customer will be carried out according to the data provided by the latter when registering in the Web page.

The Customer expressly accepts the use of e-mail as a valid procedure for sending said communications for all communications related to the use of this web page and/or the purchase of products. To this effect, the parties recognise the same evidential force to their e-mails as to exchanges in the recommended form with request for notice of receipt.

In the event of a dispute between the parties, the document that will serve as the basis for the demonstration of the proof will be the one kept in the dedicated electronic archive system of LABComercial.

12. Warranty

In accordance with Spanish law, all product sales are subject to the legal guarantees and more specifically to liability for hidden defects: the Consumer's right to pre-contractual knowledge of the purchase conditions is recognised and, among other different options, the right to demand compensation when the purchased good does not conform to the contract, that is, when the sold product has hidden or manufacturing defects that make it unsuitable for the use for which it is intended, or that diminish this use so much that it does not meet the requirements for which the Customer would have purchased it.

In the event of product non-conformity, a two-year warranty period is generally recognised from the date of delivery of the product so that the buyer can enforce his rights.

In order to access this guarantee, the Customer must present supporting documentation in the form of an invoice.

This guarantee covers, at the manufacturer's discretion, the repair of the product concerned in respect of the defect found or the replacement of the product by another product with similar functionalities or at least an equivalent product. Where repair or replacement is not possible or is disproportionate, the consumer may demand a reduction in the price or termination of the contract.

However, only within 6 months of delivery, it shall be presumed that the lack of conformity already existed at the time of delivery, and it shall be for the buyer to prove that the good was not in conformity.

The Customer's benefit from this guarantee is subordinate:

1. The Customer must notify our Customer Service in writing or using the contact form that appears on our website (link: "Contact Us"), attaching the invoice that accredits the guarantee. No merchandise will be accepted in our warehouse unless it has been previously authorized for exchange, return or repair due to a manufacturing defect.
With regard to apparent defects or in view of the product, such notification must be made within the first 24 hours following delivery of the product.

2. The Customer will return the product with its original packing assuring its protection during the transport and accompanying the delivery note and the corresponding invoice issued by LABComercial.

3. The product for repair always will have to be sent to bearings paid by the Customer.

4. LABComercial or the Technical Service of the manufacturer will verify of the existence of the defect in the product that is covered by the guarantee.

5. LABComercial reserves the right to request to an official technical service of the mark, a verification of the origin of the problem. In the event of a defect caused by misuse, the repair will be invoiced.

6. If the product is in guarantee and has a defect of manufacture, LABComercial will pay to the Customer the paid transports and the transports of the return of the product to the Customer will be in charge of LABComercial.

The guarantee is directed only to the holder (contractual part) that appears in the invoice and only the holder will be able to demand the same one.

The guarantee will lose its value in the following cases
- The product provided with a limit date of use / consumption (presence of an expiration date, expiration, etc.).
- In case of misuse due to not following the instructions for the product. Transformation of the product.
- If some of the data on the invoice or proof of purchase are modified, altered or replaced.
- If the guaranteed device is manipulated or repaired without the knowledge of the Technical Service.
- Customer negligence in the storage and/or maintenance of the product.
- Normal deterioration of the product.
- If there is no invoice.
- In case of power surges or connection to an inadequate voltage.

If the product is not under warranty, the Customer may request an estimate for the repair of the product with payment of the cost of such study, which will be discounted in the event that the repair is made. The Customer will have to pay for the transport costs. Consumable parts such as batteries, hydraulics, motors, cables, batteries, bulbs, fuses etc. are not under warranty together with accessories. During the period of repair or overhaul, we will not replace the product and will not provide any compensation.

13. Responsibilityd

Unless there are mandatory legal provisions to the contrary:

LABComercial can only be held responsible for its proven and exclusive failure to carry out the damage.

LABComercial in no case will be considered responsible in front of the Customer for any indirect damage such as damage or commercial disruption, loss of benefit, loss of brand image or loss of data.

In any case, the responsibility of LABComercial with respect to the Customer will not be able:

a) Be claimed more than 6 months after the occurrence of the event that generated it.
b) To exceed the global amount "without VAT" paid by the Customer to LABComercial by way of the order that has generated its responsibility.

14. Force Majeure

The obligations of LABComercial are suspended for the period and to the extent of events beyond its control and that of its suppliers. If the duration of these events exceeds 6 continuous months, the cancellation of the order can be decided by common agreement between LABComercial and the Customer. The force majeure includes especially the following events: fires, interruption of the computer systems and telecommunications, incidents or noncompliance of transport, strike, block out, delays and/or breakdowns in the production processes, devaluation of the currency, interdiction or embargo of imports or exports, and, in general, any event beyond the control and the will of LABComercial that prevents it from fulfilling all or part of its obligations towards the Customer. A situation of force majeure will not give the Customer any right to receive any type of compensation and/or indemnification.

15. Applicable legislation and jurisdiction

These Purchase Conditions shall be interpreted and governed by Spanish law. The parties expressly submit themselves to the Courts and Tribunals of the city of Barcelona (Barcelona - Spain) for the resolution of any legal dispute arising from the interpretation and/or compliance with these Purchase Conditions, expressly waiving any other jurisdiction that may correspond to them.