Current legal framework
In accordance with current legislation, all product sales are subject to legal guarantees and more specifically to liability for hidden defects.
The current legal framework, Real Decreto Legislativo 1/2007 of Spain approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws and Law 3/2014 modifying the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007 aims to provide the consumer with pre-contractual knowledge of the conditions of purchase and, among other different options, the right to demand compensation when the purchased good does not conform to the contract, i.e. when the product sold has hidden or manufacturing defects that make it unsuitable for the use for which it is intended, or when this use decreases 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 with respect to 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 product was not in conformity.
The Customer's benefit from this guarantee is subordinate:
1. The Customer must notify Lab Comercial in writing, by means of a letter to our Customer Service Department, attaching the invoice that proves the guarantee, not being accepted in our warehouse any goods that have not been previously authorized to be changed, returned or repaired due to 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 in question, with its original packaging ensuring its protection during transport and accompanying the delivery note and the corresponding invoice issued by Lab Comercial.
3. The product to be repaired must always be sent at the Customer's expense.
4. Lab Comercial or the manufacturer's Technical Service will verify the existence of the defect in the product covered by the guarantee.
5. Lab Comercial reserves the right to request, to an official technical service of the brand, 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 under guarantee and has a manufacturing defect, Lab Comercial will pay the Customer the carriage paid and the carriage for returning the product to the Customer will be paid by Lab Comercial.
The guarantee is only addressed to the holder (contractual party) that appears in the invoice, and only the holder will be able to demand it.
The guarantee will lose its value in the following cases:
- The product has 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. Processing of the product.
- If some data on the product or the proof of purchase are modified, altered or replaced.
- If the guaranteed device itself 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, the company will not replace the product nor will it imply any compensation.