General Conditions of Sale and Warranty

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  1. RANGE:

Commercial operations involving products of EVATHINK, S.L. are subject to these General Conditions of Sale and Warranty, which will be reflected in the corresponding order confirmations, holding back, besides, on commercial invoices for Products EVATHINK, S.L. an express reference to the following General Conditions of Sale and Warranty.

  1. ORDERS:

Requests will be accepted in writing, email or telephone, and will only be binding once accepted by EVATHINK, S.L., by sending the corresponding confirmation order. The Client must verify the order confirmation and notify, immediately, written, a EVATHINK, S.L. any mistakes. Otherwise, The product description in the order confirmation will become part of this Contract and will be binding on the parties.. EVATHINK, S.L. will not accept modifications or cancellations of the order.

Orders will be subject to availability and acceptance by EVATHINK, S.L., which, You may reject the order at any time and at your sole discretion.. The budgets, or economic offers, They will only be valid in writing, and during the period indicated therein. If no deadline is indicated, this will be 30 days.

  1. PRICES AND PAYMENT TERMS:

The price of the Products will be that established in the Offer. Payment will be made to the bank account designated in writing by EVATHINK, S.L. Nevertheless, EVATHINK, S.L reserves the right to interrupt the supply if any of the payment commitments acquired have not been met.. The delivery location will be indicated in the order confirmation.

EVATHINK, S.L. reserves its right to ownership of the Product in case of non-payment of all or part of the order. If the Customer rejects the delivery, without the prior approval of EVATHINK, S.L., Any resulting expenses or damages will be borne by the Client., including storage until acceptance. In the same way, EVATHINK, S.L. will not assume responsibility for delays in the delivery of the merchandise that arise from the lack of authorization from the bank..

EVATHINK, S.L. It also reserves the right to interrupt the supply of the merchandise to the Client if the Client has failed to comply with any of the payment commitments acquired.. Such non-payment will allow EVATHINK, S.L. claim from the Client the corresponding compensation for damages, in accordance with the provisions of the articles 45 a 52 of the Vienna Convention of the year 1980 on international sale of goods; reserving EVATHINK, S.L., besides, the right to claim other amounts that satisfy the value of the loss suffered due to non-compliance (damages) and that of the profit lost as a result of non-compliance. (lost profits), as well as for other damages caused as a consequence of their breach of contract.. In the same way, EVATHINK, S.L. reserves the right to interrupt, temporarily or definitively, such supply if there are exceptional circumstances that prevent the total or partial performance of the obligations on your part. In this case, This Contract will be canceled without the Client having the right to demand compensation for possible damages or losses to EVATHINK, S.L.

Highlight that, the present operation, will be exempt from VAT, based on the article 25 of the law 37/1992, of 28 from December, of Value Added Tax (“Exemptions on deliveries of goods destined for another Member State”), unless it is carried out within Spanish territory.

  1. DELIVERY:

Unless otherwise agreed, All Products will be shipped from the warehouses of EVATHINK, S.L y, in your case, Returns must be made to this same location. Delivery will be made within the approximate period indicated by EVATHINK, S.L, considering this date as the end of manufacturing. These deadlines are indicative, will not be guaranteed or binding.

The delivery of the merchandise will be carried out by the transport company designated by EVATHINK, S.L. or by the Client. In the event that the transport company is designated by EVATHINK, S.L. subcontracting of transport will be prohibited, in accordance with the provisions of the Chapter VI of the Law 15/2009, of 11 of November, of the contract for land transportation of goods.

EVATHINK, S.L. will not be responsible for any expenses incurred due to non-compliance with the delivery date.. Both the property, as the risk of damage and/or loss of the Products will pass to the Customer at the time EVATHINK, S.L. has made the Products available to the carrier or the Customer himself. Said international commercial operation is subject to the corresponding risk coverage of the Client..

In the same way, EVATHINK, S.L. will not accept any responsibility for any loss or damage that the Customer may incur in the event of an unavoidable delay in delivery.. Title and risk of loss in the Products will pass to Customer upon delivery..

The merchandise delivered to the Client will be accompanied by a delivery note and, on certain occasions, by one Packing List. EVATHINK, S.L. The sending of the documentation will end with the creation of the corresponding commercial invoice.

  1. RETURNS:

The Client will indicate his disagreement, if there was, within the period of 14 calendar days from receipt of the product, through written communication addressed to EVATHINK, S.L., specifying the reasons and/or nature of the same. Nevertheless, said period will not be applicable, unless otherwise agreed between the Client and EVATHINK, S.L., when the product has been made to order and/or personalized. In that case, The return of the product will not be possible, in accordance with the Royal Legislative Decree 1/2007, of 16 of November, which approves the consolidated text of the General Law for the Defense of Consumers and Users.

After verifying that said product is in perfect condition, Confirmation of the payment will be made within a maximum period of 30 days, from the receipt of the product at the factory EVATHINK, S.L.

  1. WARRANTY:

In the event that the Client has the status of Consumer, The commercial guarantee will be regulated by the Royal Decree 1/2007, of 16 of November, which approves the consolidated text of the Law for the Defense of Consumers and Users and other complementary legislation, taking into account the modifications made to said standard by the Royal decree law 7/2021, of 27 of April, transposition of European Union directives on consumer protection, especially of the directive (UE) 2019/771 of the European Parliament and the Council, of 20 May 2019, relating to certain aspects of contracts for the sale of goods, by which the Regulation (UE) 2017/2394 and Directive 2009/22/EC, and Directive 1999/44/EC is repealed.

Taking into account the applicable regulations, in cases of lack of conformity with the products, EVATHINK, S.L. will be responsible for any lack of conformity that exists at the time of delivery or supply and manifests itself within a period of three years from delivery., The delivery date being considered the one that appears on the commercial invoice.. Possession of the commercial invoice by the Consumer will be an essential requirement to make use of the commercial guarantee..

The above warranty conditions are valid for all products supplied within Spanish territory and abroad..

End users may only claim the above warranty rights in relation to products purchased and invoiced to them directly by EVATHINK, S.L. In the case of products purchased through an external distributor, End users should submit any warranty claims directly to the seller to request their product warranty conditions..

This guarantee only covers lack of conformity that existed at the time of delivery of the product.. However, It will not be valid for external damage caused to the Product for any reason., wear and tear, or due to fraud or negligence on the part of the Buyer, as well as in the case of incidents caused by force majeure. In summary, The commercial warranty will not cover any damage caused by any reason beyond the manufacturer's responsibility..

Product verification will be carried out only by our staff in our own facilities. Taking into account the nature of the product, in the event that the existence of a lack of conformity covered by the commercial guarantee is verified, EVATHINK, S.L. will perform, within the possible, the corrective measure for the lack of conformity that avoids disproportionate costs for the company. In the event that products in which there is a lack of conformity are repaired, Only actions that are strictly necessary to repair the proven lack of conformity will be free of charge..

All damages caused to the product during transport are excluded from this guarantee., as well as those derived from subsequent inadequate storage and protection. Inspection of the product received at the time of delivery is recommended. In case of incidents, must be recorded on the delivery note and notified in writing within the 24 hours after delivery, so that the corresponding claim can be made to the transport company.

In addition, This warranty will be immediately voided in the event that the product is tampered with., modified or repaired by any person without authorization of EVATHINK, S.L.

Returns of products without justified cause under the terms of this guarantee will only be accepted when previously authorized in writing by EVATHINK, S.L. and provided that they are carried out in accordance with the provisions of the clause 5 of these General Conditions of Sale and Warranty.

This document contains the only valid warranty recognized by EVATHINK, S.L. None of the terms and conditions granted in this warranty may be expanded or modified in any way without the express consent of EVATHINK, S.L.

In the event that the legislation for the protection of Consumers and Users establishes presumptions in relation to the existence of lack of conformity at the time of delivery of the products to the final Consumer, It will be assessed whether the presumption is compatible with the nature of the product and the nature of the lack of conformity that is revealed., in addition, in the case of presumptions affecting lack of conformity, EVATHINK, S.L. will have the right to carry out an expert test to prove whether the lack of conformity existed at the time of delivery of the products.

  1. USE OF TRADEMARKS, IMAGES, LOGOS AND DISTINCTIVE SIGNS:

The use of material protected by the intellectual property right of which EVATHINK, S.L. is the owner, by the Buyer (“Authorized” for use), that is to say: tradenames, logos, product names, domain names and other signs used in advertising, social networks, websites, as well as on the Internet in general, must respect the requirements of the Legal System related to the enjoyment of use. In no case may the Authorized Person modify the appearance, the structure or content of the elements subject to authorization or add other elements, following the guidelines established by the management of EVATHINK, S.L. Failure to comply may serve as a basis for the imposition of a penalty..

The Authorized Person may only use the authorized elements in a way that does not endanger the reputation or image of EVATHINK, S.L. In case there is risk, EVATHINK, S.L. can withdraw, whenever, authorization of its use. The brands, images, logos and signs and other distinctive signs identifying the products manufactured or marketed by EVATHINK, S.L. will be registered in accordance with the legal provisions on intellectual property, and the laws and regulations in force.

EVATHINK, S.L. authorizes the Authorized Party to use the brands, images, logos and distinctive signs linked to the products manufactured or marketed by it for the sole purpose of identifying and promoting its products and obtaining profit. The Authorized Party is obliged to ensure the protection of the brand, the logotype, the sign and distinctive signs and to apply the necessary actions for effective protection.

The Authorized Party acknowledges that the use granted to it, according to these General Conditions of Sale and Warranty (the brand, the sign and the photographic and/or audiovisual material), They do not confer any property rights over them.. The Authorized Party undertakes to peacefully use the brands, logos, signs and photographic and/or audiovisual material of EVATHINK, S.L. and you may use all brand names in all advertising, as well as in any other advertising carried out by the Authorized, for the purpose of promoting and selling the products.

The Authorized Party undertakes not to register or request the registration of any trademark., logo and sign EVATHINK, S.L. (or other similar ones that lead to confusion with those of EVATHINK, S.L.).

The Authorized Person will notify EVATHINK, S.L. any violation that comes to your knowledge of the trademarks, logos and signs and photographic and/or audiovisual material registered by EVATHINK, S.L., as well as industrial property rights (patents), property of EVATHINK, S.L. The Authorized Party is free to promote the products over the Internet., catalogs and other means of commercial promotion, but you cannot use the trademarks, logos, signs and photographic and/or audiovisual material registered by EVATHINK, S.L. without having previously agreed in writing the details of such use.

The Authorized Party undertakes to: 1) Do not request trademarks and signs as keywords in search engines. EVATHINK, S.L.; 2) Do not create websites or domains with the brands or signs of EVATHINK, S.L.; 3) Do not modify images or documents created by EVATHINK, S.L. to be published later in their catalogs or Internet; y, 4) There is a possibility that EVATHINK, S.L. authorize the creation of profiles on social networks, as long as, this is the administrator. Likewise, The Authorized Party must undertake to transfer access data to said networks., within a maximum period of 7 days or when EVATHINK, S.L. require it. In addition, EVATHINK, S.L. reserves the right to request from the Authorized, whenever, cancellation of profile on social networks.

The Authorized Party undertakes, upon request of EVATHINK, S.L., to remove all advertising, whether printed, digital or located on the Internet that bears trademarks, logos, Photos, data or signs EVATHINK, S.L. in a period not exceeding 30 days.

  1. PERSONAL DATA PROTECTION:

EVATHINK, S.L. in compliance with the Regulation (UE) 2016/679 of the European Parliament and the Council, of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of such data and repealing Directive 95/46/EC (GDPR), of the Organic Law 3/2018, of 5 from December, Protection of Personal Data and guarantee of digital rights (LOPDGDD); and of the Law 34/2002, of 11 of July, information society services and electronic commerce (LSSICE), informs you that the personal data you have will be included in files owned by you., whose purpose is supplier management, customers, performance of contracted services, commercial customer monitoring and other commercial communication actions.

EVATHINK, S.L. will not transfer said personal data to third parties, unless required and legally required or required as a consequence of the legal relationship. Equally, EVATHINK, S.L. informs that it does not plan to transfer them to a third country or international organization. Nevertheless, the owner thereof may, at all times, exercise your right to access your personal data, its rectification or deletion, to the limitation of your treatment, as well as the right to data portability, in the legally provided manner; this is, by communication sent to EVATHINK, S.L., in the email address info@evathink.com, attaching a copy of your DNI/NIE/PASSPORT.

The data will be kept for as long as the collaboration continues., unless the owner thereof exercises his rights of control and, after, for the time necessary to comply with any legal obligation or obligation derived from the pre-existing legal relationship.

  1. CONFIDENTIALITY:

The parties agree that any information exchanged, facilitated or created by EVATHINK, S.L. will be kept strictly confidential. The Authorized ("Buyer") You may only disclose confidential information to those who need it and are previously authorized by the party whose confidential information is involved.. Is considered, also, confidential information: a) That which as a whole or by the exact configuration or structuring of its components, is not generally known among experts in the corresponding fields; b) The one that is not easily accessible; y, c) That information that is not subject to reasonable protection measures, according to the circumstances of the case, in order to maintain its confidentiality. All information sent to the Authorized Party is the exclusive property of the party from which it comes.. Consequently, will not use the other's information for its own use without prior consent.

  1. LANGUAGE:

The full text of these General Conditions of Sale and warranty of EVATHINK, S.L., as well as the documentation derived from them, have been established in Spanish and English languages, setting the Spanish language version as the official and priority version for interpretation.

  1. DISPUTE RESOLUTION AND DETERMINATION OF APPLICABLE LAW:

Unless otherwise provided in the applicable regulations for the protection of Consumers and Users, in case of discrepancy regarding the validity, execution, or interpretation of these General Conditions, The parties agree to resolve it amicably.. Nevertheless, in the event that the parties involved do not reach an agreement through negotiation, They agree that all litigation, discrepancy, issue or claim resulting from the execution or interpretation of these General Conditions or related to them, directly or indirectly, will be definitively resolved by arbitration, within the framework of the Basque Court of Arbitration, with headquarters Pº. Portuexe nº61 – 3rd, 20018 Donostia – San Sebastian (Spain), which is entrusted with the administration of arbitration and the appointment of arbitrators, in accordance with its Regulations and Statutes, that will be resolved by applying Spanish law.

Version: February 2024.