Legal information
Terms of sale and warranty
Conditions applicable to orders and the product warranty.
1. Scope
Commercial transactions involving Products of EVATHINK, S.L. are subject to these General Terms of Sale and Warranty, which will be reflected in the corresponding order confirmations; the commercial invoices for the Products of EVATHINK, S.L. will also contain an express reference to the following General Terms of Sale and Warranty.
2. Orders
Orders will be accepted in writing, by email or by telephone, and will be binding only once accepted by EVATHINK, S.L. by sending the corresponding order confirmation. The Customer must check the order confirmation and notify EVATHINK, S.L. in writing, immediately, of any error. Otherwise, the product description in the order confirmation will form part of this Contract and will be binding on the parties. EVATHINK, S.L. will not accept amendments to or cancellations of the order.
Orders are subject to availability and to acceptance by EVATHINK, S.L., which may reject an order at any time and at its sole discretion. Quotations, or financial offers, will be valid only if in writing, and for the period stated in them. If no period is stated, it will be 30 days.
3. Prices and payment terms
The price of the Products will be that set out in the Offer. Payment will be made to the bank account designated in writing by EVATHINK, S.L. However, EVATHINK, S.L. reserves the right to suspend supply if any of the payment commitments made has not been met. The place of delivery will be stated in the order confirmation.
EVATHINK, S.L. reserves its right of ownership over the Product in the event of total or partial non-payment of the order. If the Customer refuses delivery without the prior approval of EVATHINK, S.L., the resulting costs or damages will be borne by the Customer, including storage until acceptance. Likewise, EVATHINK, S.L. will not accept liability for delays in the delivery of the goods arising from lack of authorisation by the bank.
EVATHINK, S.L. also reserves the right to suspend the supply of goods to the Customer if the Customer has failed to meet any of the payment commitments made. Such non-payment will entitle EVATHINK, S.L. to claim from the Customer the corresponding compensation for loss and damage, in accordance with articles 45 to 52 of the 1980 Vienna Convention on the international sale of goods; EVATHINK, S.L. also reserving the right to claim other amounts covering the value of the loss suffered as a result of the breach (actual loss) and of the profit not obtained as a result of the breach (loss of profit), as well as for other damage caused as a result of its contractual breach. Likewise, EVATHINK, S.L. reserves the right to suspend that supply, temporarily or permanently, if there are exceptional circumstances that prevent it from performing its obligations in whole or in part. In that case, this Contract will be cancelled and the Customer will have no right to claim compensation from EVATHINK, S.L. for any loss or damage.
Please note that, this transaction will be exempt from VAT, pursuant to article 25 of Law 37/1992 of 28 December on Value Added Tax (“Exemptions on supplies of goods dispatched to another Member State”), unless it is carried out within Spanish territory.
4. Delivery
Unless otherwise agreed, all Products will be shipped from the warehouses of EVATHINK, S.L. and, where applicable, returns must be made to the same place. Delivery will take place within the approximate period indicated by EVATHINK, S.L., this date being considered the completion of manufacture. These periods are indicative, and are neither guaranteed nor binding.
The goods will be delivered by the carrier designated by EVATHINK, S.L. or by the Customer. Where the carrier is designated by EVATHINK, S.L., subcontracting of the transport will be prohibited, in accordance with Chapter VI of Law 15/2009 of 11 November on the contract for the carriage of goods by road.
EVATHINK, S.L. will not be liable for costs caused by failure to meet the delivery date. Both ownership of, and the risk of damage to and/or loss of, the Products will pass to the Customer at the moment EVATHINK, S.L. has placed the Products at the disposal of the carrier or of the Customer. That international commercial transaction is subject to the Customer’s corresponding risk cover.
Likewise, EVATHINK, S.L. will not accept any liability for any loss or damage the Customer may incur in the event of an unavoidable delay in delivery.
The goods delivered to the Customer will be accompanied by a delivery note and, on certain occasions, a Packing List. EVATHINK, S.L. will complete the sending of the documentation by issuing the corresponding commercial invoice.
5. Returns
The Customer must state any disagreement within 14 calendar days of receiving the product, by written notice addressed to EVATHINK, S.L., specifying its reasons and/or nature. However, that period will not apply, unless otherwise agreed between the Customer and EVATHINK, S.L., where the product has been made to order and/or customised. In that case, the product cannot be returned, in accordance with Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users.
After verification that the product is in perfect condition, confirmation of the credit will be given within a maximum of 30 days from receipt of the product at the factory of EVATHINK, S.L.
6. Warranty
Where the Customer is a Consumer, the commercial warranty will be governed by Royal Decree 1/2007 of 16 November approving the consolidated text of the Law for the Defence of Consumers and Users and other complementary legislation, taking into account the amendments made to that rule by Royal Decree-Law 7/2021 of 27 April transposing European Union directives on consumer protection, in particular Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.
Taking into account the applicable rules, in cases of lack of conformity of the products, EVATHINK, S.L. will be liable for any lack of conformity that exists at the time of delivery or supply and becomes apparent within three years of delivery, the delivery date being the one shown on the commercial invoice. Possession of the commercial invoice by the Consumer is an indispensable requirement for making use of the commercial warranty.
The above warranty conditions are valid for all products supplied within Spanish territory and abroad.
End users may claim the above warranty rights only in relation to products purchased from, and invoiced directly to them by, EVATHINK, S.L. In the case of products purchased through an external distributor, end users must send any warranty claim directly to the seller to request the seller’s product warranty conditions.
This warranty covers only 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 by any cause, wear and tear through use, or wilful misconduct or negligence on the part of the Buyer, nor in the case of incidents caused by force majeure. In short, the commercial warranty will not cover any damage caused for any reason beyond the manufacturer’s responsibility.
Verification of the product will be carried out only by our staff at our own premises. Taking into account the nature of the product, where a lack of conformity covered by the commercial warranty is verified, EVATHINK, S.L. will, as far as possible, carry out the corrective measure for the lack of conformity that avoids disproportionate costs for the company. Where products with a lack of conformity are repaired, only the work strictly necessary to remedy the established lack of conformity will be free of charge.
All damage caused to the product during transport, and damage arising from subsequent inadequate storage and protection, is excluded from this warranty. Inspection of the product received at the time of delivery is recommended. Any incident must be noted on the delivery note and notified in writing within 24 hours of delivery, so that the corresponding claim can be made to the transport company.
Likewise, this warranty will be immediately void if the product is handled, modified or repaired by anyone without the authorisation of EVATHINK, S.L.
Returns of products without justified cause under the terms of this warranty will be accepted only when previously authorised in writing by EVATHINK, S.L. and provided they are made in accordance with clause 5 of these General Terms of Sale and Warranty.
This document contains the only valid warranty recognised by EVATHINK, S.L. None of the terms and conditions granted in this warranty may be extended or modified in any way without the express consent of EVATHINK, S.L.
Where consumer protection legislation establishes presumptions regarding 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 type of lack of conformity that comes to light; likewise, in the case of presumptions affecting lack of conformity, EVATHINK, S.L. will be entitled to obtain an expert report to establish whether the lack of conformity existed at the time of delivery of the products.
7. Use of trademarks, images, logos and distinctive signs
The use by the Buyer (the “Authorised Party”) of material protected by intellectual property rights owned by EVATHINK, S.L., that is: trade names, logos, product names, domain names and other signs used in advertising, social media, websites and on the Internet in general, must comply with the requirements of the legal system relating to the enjoyment of use. In no case may the Authorised Party modify the appearance, structure or content of the elements covered by the authorisation, or add other elements, following the guidelines set by the management of EVATHINK, S.L. Failure to comply may give rise to a penalty.
The Authorised Party may use the authorised elements only in a way that does not endanger the reputation or image of EVATHINK, S.L. Where there is a risk, EVATHINK, S.L. may withdraw the authorisation of use at any time. The trademarks, images, logos, signs and other distinctive marks 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. empowers the Authorised Party to use the trademarks, images, logos and distinctive signs linked to the products it manufactures or markets solely for the purpose of identifying and promoting its products and obtaining profit. The Authorised Party undertakes to safeguard the protection of the trademark, logo, sign and distinctive marks and to take the actions necessary for their effective protection.
The Authorised Party acknowledges that the use granted to it under these General Terms of Sale and Warranty (the trademark, the sign and the photographic and/or audiovisual material) does not confer on it any ownership rights over them. The Authorised Party undertakes to use the trademarks, logos, signs and photographic and/or audiovisual material of EVATHINK, S.L. peacefully, and may use all the brand names in all advertising, as well as in any other advertising carried out by the Authorised Party, for the purpose of promoting and selling the products.
The Authorised Party undertakes not to register or apply to register any trademark, logo or sign of EVATHINK, S.L. (or any similar ones that could cause confusion with those of EVATHINK, S.L.).
The Authorised Party will notify EVATHINK, S.L. of any infringement that comes to its attention of the trademarks, logos, signs and photographic and/or audiovisual material registered by EVATHINK, S.L., as well as of the industrial property rights (patents) owned by EVATHINK, S.L. The Authorised Party is free to promote the products through the Internet, catalogues and other means of commercial promotion, but may not use the trademarks, logos, signs and photographic and/or audiovisual material registered by EVATHINK, S.L. without first having agreed in writing the details of that use.
The Authorised Party undertakes: 1) not to request the trademarks and signs of EVATHINK, S.L. as keywords in search engines; 2) not to create websites or domains using the trademarks or signs of EVATHINK, S.L.; 3) not to modify images or documents created by EVATHINK, S.L. for subsequent publication in its catalogues or on the Internet; and 4) EVATHINK, S.L. may authorise the creation of social media profiles, provided that it is the administrator. Likewise, the Authorised Party must undertake to hand over the access credentials for those networks within a maximum of 7 days or whenever EVATHINK, S.L. so requires. Likewise, EVATHINK, S.L. reserves the possibility of requesting the Authorised Party, at any time, to delete the social media profile.
The Authorised Party undertakes, at the request of EVATHINK, S.L., to withdraw all advertising, whether printed, digital or located on the Internet, that carries EVATHINK, S.L. trademarks, logos, photos, data or signs within a period of no more than 30 days.
8. Protection of personal data
EVATHINK, S.L., in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), and Law 34/2002 of 11 July on information society services and electronic commerce (LSSICE), informs that the personal data it holds will be included in files owned by it, the purpose of which is the management of suppliers and customers, the performance of the services contracted, commercial follow-up of customers.
EVATHINK, S.L. will not disclose such personal data to third parties, except where legally required or demanded or as a consequence of the legal relationship. EVATHINK, S.L. also informs that it does not intend to transfer it to a third country or international organisation. However, the data subject may at any time exercise the right of access to their personal data, rectification or erasure, restriction of processing, and the right to data portability, in the manner provided by law; that is, by written communication sent to EVATHINK, S.L., at the email address info@evathink.com, attaching a copy of their DNI/NIE/passport.
The data will be kept for as long as the collaboration continues, unless the data subject exercises their rights of control and, thereafter, for the time necessary to comply with any legal obligation or one arising from the pre-existing legal relationship.
9. Confidentiality
The parties agree that any information exchanged, provided or created by EVATHINK, S.L. will be kept strictly confidential. The Authorised Party (“Buyer”) may disclose confidential information only to those who need it and who have been previously authorised by the party to whom the confidential information belongs. The following is also considered confidential information: a) information that, as a whole or in the exact configuration or arrangement of its components, is not generally known among experts in the relevant fields; b) information that is not easily accessible; and c) information that is subject to reasonable protective measures, in the circumstances of the case, in order to maintain its confidential nature. All information sent to the Authorised Party is the exclusive property of the party from which it comes. Consequently, it will not use the other party’s information for its own use without prior consent.
10. Language
The full text of these General Terms of Sale and Warranty of EVATHINK, S.L., as well as the documentation arising from them, has been drawn up in Spanish and English, the Spanish version being fixed as the official version and the one that prevails for interpretation purposes.
11. Dispute resolution and applicable law
Unless otherwise provided by the applicable consumer protection legislation, in the event of any disagreement concerning the validity, performance or interpretation of these General Terms, the parties undertake to resolve it amicably. However, where the parties involved fail to reach agreement through negotiation, they agree that any dispute, disagreement, question or claim arising from the performance or interpretation of these General Terms or relating to them, directly or indirectly, will be definitively resolved by arbitration, under the auspices of the Basque Court of Arbitration (Corte Vasca de Arbitraje), based at Pº. Portuetxe nº61 – 3º, 20018 Donostia – San Sebastián (Spain), to which the administration of the arbitration and the appointment of the arbitrators is entrusted, in accordance with its Rules and Statutes, which will resolve applying Spanish law.