General sales- and warranty conditions

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  1. SCOPE:

Business transactions with the products by EVATHINK, S.L. subject to these General Terms and Conditions of Sale- and warranty conditions, which are reflected in the corresponding order confirmations, and also the commercial invoices for the products by EVATHINK, S.L. contain an express reference to the following general sales- and warranty conditions.

  1. ARRANGEMENTS:

Orders are made in writing, received by email or telephone and are only then binding, if they from EVATHINK, S.L. accepted by sending the corresponding order confirmation. The customer is obliged, to check the order confirmation and EVATHINK, S.L. immediately inform us in writing about any errors. Otherwise, the description of the product in the order confirmation becomes part of this contract and is binding on the parties. EVATHINK, S.L. does not accept changes or cancellations of the order.

Orders are subject to availability and acceptance by EVATHINK, S.L., who may reject the order at any time and at its sole discretion. Offers, or economic offers, will only be valid in writing, and for the period specified therein. If no deadline is specified, will be this 30 days.

  1. PRICES AND PAYMENT TERMS:

The price of the products is fixed in the offer. Payment is made to the of EVATHINK, S.L. bank account specified in writing. EVATHINK, S.L. however, reserves the right, to interrupt the delivery, if one of the payment obligations entered into has not been fulfilled. The place of delivery is stated in the order confirmation.

EVATHINK, S.L. reserves the right to, to take possession of the product in the event of total or partial non-payment of the order. If the customer refuses delivery, without the prior consent of EVATHINK, S.L., All resulting costs or damages will be borne by the customer, including storage until acceptance. Likewise takes over EVATHINK, S.L. no responsibility for delays in delivery of goods, resulting from the lack of authorization from the bank.

EVATHINK, S.L. also reserves the right, to interrupt the delivery of goods to the customer, if the latter has not fulfilled one of the payment obligations entered into. Non-payment enables it EVATHINK, S.L., from the customer the corresponding compensation in accordance with the provisions of Article 45 bis 52 of the Vienna Convention about the international purchase of goods 1980 to demand; EVATHINK, S.L., EVATHINK, S.L. also reserves the right, to demand other amounts, the value of the damage suffered as a result of the breach of contract (Consequential damage) and that of lost profits (lost profit) as well as other damage, caused by the breach of contract, cover. Likewise reserves itself EVATHINK, S.L. the right, to temporarily or permanently interrupt the said deliveries, if there are exceptional circumstances, which prevent the full or partial fulfillment of its obligations. In this case, this contract will be terminated, without the customer having the right, von EVATHINK, S.L. one To claim compensation for any damage or loss.

It should be noted, that this sales based on item 25 The Law 37/1992 from the 28. December 1992 about VAT (“Tax exemptions for the supply of goods intended for another Member State”) is exempt from VAT, unless, it is made in Spanish territory.

  1. DELIVERY:

Unless otherwise agreed, all products are made by the EVATHINK, S.L. warehouses shipped and, if applicable, Returns must be made to the same location. Delivery will take place within the approximate period of EVATHINK, S.L. specified, this date being considered as the end of manufacture. These deadlines are indicative and are neither guaranteed nor binding.

The goods are delivered by EVATHINK, S.L. or transport companies named by the customer. If the transport company of EVATHINK, S.L. is determined, is the subcontracting of transport in accordance with the provisions of Chapter VI of the Act 15/2009 from the 11. November on the contract for the land transport of goods verboten.

EVATHINK, S.L. liable not for costs, which arise from non-compliance with the delivery date. Both ownership and the risk of damage and/or loss of the products pass to the customer at that moment, in them EVATHINK, S.L. has made the products available to the carrier or the customer himself. This international trade is subject to appropriate risk coverage by the customer.

Likewise takes over EVATHINK, S.L. no responsibility for any loss or damage, which the customer may incur in the event of an unavoidable delay in delivery. Title and risk of loss in respect of the Products pass to the Customer at the time of delivery.

The goods delivered to the customer are accompanied by a delivery note and, in certain cases, from one Packing list accompanied. EVATHINK, S.L. will complete the delivery of the documentation with the issuance of the corresponding commercial invoice.

  1. RETURN:

The customer must express his rejection within 14 calendar days after receipt of the product by written notice EVATHINK, S.L. communicate, in which he states the reasons and/or the nature of his rejectionibt. However, this deadline does not apply, unless, something else became between the customer and EVATHINK, S.L. agreed, if the product was made to order and/or made to measure. In this case it is not possible, to return the product, according to the Royal Decree Law 1/2007 from the 16. November, which approved the revised text of the General Law on the Protection of Consumers and Users.

After checking that the goods are in perfect condition, payment will be confirmed within a maximum period of time 30 days after receipt of the goods at the factory EVATHINK, S.L..

  1. GUARANTEE:

If the customer is a consumer, the commercial guarantee is provided by the Royal decree 1/2007 from the 16. November regulated, which approved the revised text of the Consumer and User Protection Act and other complementary legislation, whereby the amendments to this regulation are made by the Royal decree 7/2021 from the 27. April will be taken into account, to implement the European Union directives on consumer protection, especially the one Policy (EU) 2019/771 of the European Parliament and of the Council of 20. May 2019 on certain aspects of contracts for the sale of goods, to change the regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC.

Liable taking into account the applicable regulations EVATHINK, S.L. in the event of non-conformity of the products for any non-conformity, which exists at the time of delivery or delivery and arises within three years of delivery, whereby the delivery date is the date, which appears on the commercial invoice. The consumer's possession of the commercial invoice is a prerequisite for claiming the commercial guarantee.

The above warranty conditions apply to all products delivered in Spain and abroad.

The end user can only exercise the above-mentioned warranty rights in relation to products, which directly from EVATHINK, S.L. purchased and invoiced. In the event of of products, that were purchased through a third party, The end user must send his warranty claims directly to the seller, to inquire about its warranty conditions.

This warranty applies only to defects, which existed at the time of delivery of the product. However, it does not apply to external damage to the product, which by some cause, Wear and tear or caused by intentional or negligent behavior on the part of the buyer, as well as for incidents, caused by force majeure. In short, the commercial warranty does not cover damage, that arose for reasons, for which the manufacturer is not responsible.

Verification of the product is carried out only by our staff in our own facilities. Taking into account the nature of the product EVATHINK, S.L. in the event of a lack of conformity being discovered, which is covered by the commercial warranty, to the extent possible, carry out the corrective action for the non-conformity, which avoids disproportionate costs for the company. If the products, where there is a lack of conformity, be repaired, are just the measures, which are strictly necessary to remedy the recognized lack of conformity, for free.

All damages are excluded from this guarantee, that occurred on the product during transport, as well as damage, caused by improper storage and protection. It is recommended, to inspect the product received at the time of delivery. Any incidents must be noted on the delivery note and within 24 Hours after delivery in writing, so that the corresponding complaint can be submitted to the transport company.

This guarantee also expires immediately, if the product is used by a person without authorization from EVATHINK, S.L. manipulated, is changed or repaired.

Returns of products without good reason under this warranty will only be accepted, if previously in writing EVATHINK, S.L. have been approved and under the condition, that they are in accordance with the provisions of the clause 5 of this general sale- and warranty conditions.

This document contains the only valid warranty, the of EVATHINK, S.L. is recognized. None of the terms provided in this warranty can be modified without the express consent of EVATHINK, S.L. be expanded or changed in any way.

In the case, that legislation for the protection of consumers and users creates presumptions as to the existence of a lack of conformity at the time of delivery of the products to the end user, is checked, whether the presumption is compatible with the nature of the product and the type of non-conformity discovered; also has EVATHINK, S.L. in case of guesswork, which concern the lack of conformity, the right, to carry out an expert examination, to confirm, that the lack of conformity existed at the time of delivery of the products.

  1. THE USE OF TRADEMARKS, IMAGE, LOGOS AND DIFFERENTIATIONS:

The use of material, that through intellectual property rights, their owners EVATHINK, S.L. is, is protected, by the buyer (“Beneficiary”), d.h.: brand names, Logos, Product names, Domain names and other characters, those in advertising, on social networks, on websites and on the Internet in general, must comply with the requirements of the Code regarding use. Under no circumstances may the authorized user view, the structure or content of the elements, which are subject to approval, change or add other elements, in accordance with the requirements of the management of EVATHINK, S.L. established guidelines.

The Authorized User may only use the Authorized Elements in one manner, which affects the reputation or image of EVATHINK, S.L. not endangered. in case of a such risk can EVATHINK, S.L. at any time Withdraw permission for their use. The brands, Pictures, Logos and symbols and other distinguishing features, the the of EVATHINK, S.L. identify the products manufactured or marketed, are registered in accordance with intellectual property laws and applicable laws and regulations.

EVATHINK, S.L. authorizes the licensee, the brands, Pictures, Logos and distinctive symbols, associated with the products it manufactures or markets, for the sole purpose of identifying and promoting its products and obtaining benefits. The licensee undertakes, the protection of the brand, des Logos, of the sign and distinctive features and to take the necessary measures to ensure effective protection.

The licensee acknowledges, that the him in accordance with these General Sales- and warranty conditions (of the brand, the sign and the photographic and/or audiovisual material) does not create any ownership rights over them. The licensee undertakes, the brands, Logos, Characters and the photographic and/or audiovisual material of EVATHINK, S.L. peaceful use and may use any trademark names in any advertising or other advertising conducted by Licensee for the purpose of promoting and selling the Products.

The licensee undertakes, no brands, Logos or characters from EVATHINK, S.L. (or other similar characters, which lead to confusion with those of EVATHINK, S.L. being able to lead) to register or sign up for registration.

The licensee is obliged, EVATHINK, S.L. any violation of the of. that has become known to him EVATHINK, S.L. registered trademarks, Logos and symbols as well as photographic and/or audiovisual material as well as industrial property rights (Patent) by EVATHINK, S.L. Report to, The licensee is free to do so, the products over the Internet, Distribute catalogs and other commercial advertising materials, However, he is allowed to use the of EVATHINK, S.L. registered The ground, Logos, Do not use signs and photographic and/or audiovisual material, without having previously agreed in writing on the details of such use.

The licensee undertakes to: 1) the trademarks and symbols of EVATHINK, S.L. not to be used as keywords in search engines; 2) no websites or domains bearing the trademarks or symbols of EVATHINK, S.L. to create; 3) the of EVATHINK, S.L. not to change the images or documents created, to later publish them in their catalogs or on the Internet; and 4) there is a possibility, that EVATHINK, S.L. Approves the creation of profiles on social networks, provided, that she herself is the administrator. The authorized representative must also undertake to do so, the access data to the mentioned networks within a maximum period of time 7 days or whenever EVATHINK, S.L. this requires, to transmit. Likewise reserves itself EVATHINK, S.L. the right, to request the authorized representative at any time, delete the profile on social networks.

The licensee undertakes, at the request of EVATHINK, S.L. all advertising, whether printed, digitally or on the Internet, the brands, Logos, Photos, Dates or characters from EVATHINK, S.L. carries, within a period of at most 30 days to remove.

  1. PROTECTION OF PERSONAL DATA:

EVATHINK, S.L. in accordance with the regulation (EU) 2016/679 of the European Parliament and of the Council of 27. April 2016 to protect natural persons when processing personal data, on the free movement of data and repealing Directive 95/46/EC (GDPR), with the organic law 3/2018, from the 5. December, on the protection of personal data and the guarantee of digital rights (LOPDGDD); and the law 34/2002 from the 11. July on information society services and electronic commerce (LSSICE) informed, that the personal data, that she has, be included in files, which belong to it and whose purpose is to manage suppliers, Customers, the provision of contractually agreed services, commercial monitoring of customers and other commercial communication measures.

EVATHINK, S.L. will not pass on this personal data to third parties, unless, this is required by law or results from the legal relationship. Also informed EVATHINK, S.L., that it is not intentional, to transfer them to a third country or an international organization. However, the data owner may exercise his or her right to access his or her personal data at any time, to their correction or deletion, to restrict processing and exercise the right to data portability in the manner provided for by law, by sending a message to EVATHINK, S.L. to the email address info@evathink.com sends and attaches a copy of his DNI/NIE/PASSPORT.

The data is kept for this long, how collaboration is maintained, unless, the data subject exercises his/her control rights, and then so long, as is necessary for the fulfillment of a legal obligation or for the fulfillment of an obligation arising from the previously existing legal relationship.

  1. CONFIDENTIALITY:

The parties agree, that all information, the of EVATHINK, S.L. exchanged, provided or created, be treated strictly confidentially. The authorized party (“Buyer”) may only disclose confidential information to those, which they require and in advance from the party, whose confidential information is the subject of disclosure, have been authorized. Also considered confidential information: a) information, which are not generally known in their entirety or due to the precise configuration or structure of their components among those skilled in the relevant fields; b) information, which are not easily accessible; and c) information, who are not subject to protective measures appropriate to the circumstances, in order to maintain their confidential nature. All information, which are transmitted to the authorized party, are the exclusive property of the party, from which they come. Accordingly, it may not use the other party's information for its own use without prior consent.

  1. LANGUAGE:

The full text of this General Sales- and warranty conditions of EVATHINK, S.L. as well as the Documentation derived from this was written in Spanish and English, the Spanish version being the official and primary version for its interpretation.

  1. DISPUTE RESOLUTION AND DETERMINATION OF APPLICABLE LAW:

Unless otherwise stated in applicable consumer law- and user protection regulations, the parties agree to do so in the event of disputes regarding validity, Execution or interpretation of these General Terms and Conditions, to settle this amicably. In the case, that the parties do not reach an agreement through negotiations, However, they agree, that all disputes, disagreements, Questions or claims, arising from or relating directly or indirectly to the execution or interpretation of these General Terms and Conditions, finally by arbitration within the framework of the Basque Arbitration Court with its registered office in Pº. Portuexe nº61 – 3º, 20018 Donostia – Saint Sebastian (Spain), which is responsible for the administration of the arbitration proceedings and the appointment of the arbitrators, in accordance with its regulations and statutes, who will decide using Spanish law.

version: February 2024.