1.1 This document contains the general terms and conditions for the purchase of all products available through the online store/website ezoord.com. In cases where particular or specific conditions are determined for certain products, these shall apply in preference to these general conditions in case of contradiction. These documents, together with the information on the product or products included in an accepted order, constitute the contract that binds the parties and shall be understood as fully and unreservedly accepted from the moment the purchase is made, the payment is made and the contract is confirmed.
All products are sold by Sistemas Phoenix Mecano España, S.A. (hereinafter, PHOENIX MECANO ESPAÑA), a Spanish commercial company, with registered office at calle Tarento Number 15, Plataforma Logística PLAZA, Zaragoza (Spain), Post Code 50197 and with Spanish Tax Identification Number (NIF) A50645142. For the purposes of the contract, the purchasing party shall be referred to as the CUSTOMER. The user who registers, requests or formalises purchase transactions through this website represents and guarantees that they are acting in the interest and on behalf of the CUSTOMER, within the framework of a mandate and/or representation, and that they are legally entitled to contractually bind the CUSTOMER for all purposes.
In the event that one or more provisions of these General Terms and Conditions should be declared null and void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified thereby.
1.2 The sale of our products is exclusively directed to professionals or companies, and limited to the geographical area of mainland Spain and the Balearic Islands.The CUSTOMER declares that they do not hold the status of consumer under current regulations, and that all information provided through this website is truthful, true, complete and up to date. In case of breach of this, the contract may be cancelled at the request of PHOENIX MECANO ESPAÑA, without prejudice to the claim for damages, if any.
If you wish to purchase our products as a consumer (for use as a private individual and outside any commercial activity, business, trade or profession), please contact us at email@example.com. firstname.lastname@example.org.
2.1 In order to make a purchase through this website, you must have a computer, mobile device, tablet or equivalent, connectivity and the operating systems and applications necessary to access the Internet. Access to the website is optimised for the latest tested and stable versions on the most common computers and browsers.
The purchase process can be formalised after registering with a username and password and providing all customer data requested, or as a guest, having to enter them in any case before formalising the purchase. All fields marked with an asterisk (*) are required for registration or to complete the purchase.
The access data, user name and password, are for the exclusive use of the CUSTOMER, are non-transferable and must be kept confidential. In case of loss or compromise of the above, you should contact us immediately so that we can proceed to block it. Otherwise, the CUSTOMER shall be responsible for the acts performed by means of such credentials.
2.2 To purchase the products, please follow the steps indicated in the Purchase Help section. The completion of the order implies conformity with the products added to the shopping cart, their characteristics, functionalities, elements, accessories and price. The CUSTOMER is responsible for verifying all of the above, and any other conditions, limitations or requirements thereof.
Upon completion of the process and payment, the confirmation that the payment has been made successfully will be displayed on the screen, and/or a message will be sent by e-mail to the address provided by the CUSTOMER, which will reflect their details, payment confirmation, shipping information, as well as the description or list of the products purchased and their price, within a reasonable period of time and in any case within 24 hours. Invoices shall be issued in electronic format. In case the CUSTOMER wishes to receive the invoice in paper format, they must request it in writing to our Customer Service Department at email@example.com.
2.3 PHOENIX MECANO SPAIN makes its best efforts to make all products offered on the website available. In the event that, after placing an order, errors are detected in the price, availability problems or any other, we will contact the CUSTOMER. In any case PHOENIX MECANO ESPAÑA may terminate the contract unilaterally. In the event that, after the purchasing process, you detect any error or need for correction, please contact our Customer Service Department.
2.4 Any damage or loss that may occur to the goods, once PHOENIX MECANO SPAIN has made them available to the CUSTOMER, except in case of fraud, fault or negligence attributable to PHOENIX MECANO SPAIN, shall be the CUSTOMER’S responsibility..
2.5 The industrial and/or intellectual property of the products, as well as accessories, elements, manuals, technical information or computer applications incorporated or related to them, belong to PHOENIX MECANO ESPAÑA or its suppliers,so their use by the CUSTOMER for any other use other than its marketing to third parties in the same state, or business or professional use outside the framework of its activity or the law, will be contrary to the contract and legally prosecutable.
3.1 Shipping costs and delivery times will be determined prior to finalising the contract. In general, our average delivery times are 5 to 7 working days (according to PHOENIX MECANO ESPAÑA’s working calendar), counting from the confirmation of the order, with a maximum of 15 working days. In accordance with the provisions of section 1.2, orders to destinations other than mainland Spain (therefore excluding the Canary Islands, Ceuta and Melilla) and the Balearic Islands will not be processed.
Please note that shipping conditions, costs and delivery times may vary depending on the volume of the order and destination. To the maximum extent permitted by law, PHOENIX MECANO ESPAÑA will not assume any responsibility for shipments in case of extraordinary circumstances, force majeure or causes beyond its control, and reserves the right to split orders and supply them in different shipments.
.2 Delivery shall be deemed to have been made once the CUSTOMER or a third party on its behalf has acquired material possession of the products, which shall be evidenced by the signature of the order receipt or substitute declaration.
In the event of any incident of the logistics company that prevents the order from being delivered at its destination on the agreed date, the supplier will contact the CUSTOMER as soon as possible to inform them of the incident. In such a case, the parties shall agree on a new delivery date.
Notwithstanding the foregoing, the CUSTOMER undertakes to receive the order from the time of formalisation of the contract, ensuring that it has the corresponding means so that the effective delivery can be made in the place and on the corresponding dates. In the event that the CUSTOMER refuses the order without justified cause, PHOENIX MECANO ESPAÑA reserves the right to claim the damages generated by such return.
3.3 The CUSTOMER shall verify as soon as possible after receipt that the product(s) arrives in perfect condition and with its components or accessories. In the event of any non-conformity, you must report it immediately and provide any images or other evidence you deem appropriate to determine the cause of the above. Claims in accordance with the foregoing must be communicated within a maximum period of five (5) working days following delivery, after which time they shall be deemed to be fully accepted and compliant, without prejudice to the application of the guarantee in accordance with the provisions of Paragraph 4..
3.4 In accordance with the provisions of current legislation, the responsibility derived from the management of commercial and/or industrial containers and packaging corresponds to the final holder of it (CUSTOMER). Each company that places this type of packaging on the market has the obligation to inform the next company in the chain that, with the sale or transfer of the products, it also transfers the responsibility for the management of commercial and/or industrial packaging.
CANCELLATIONS AND WARRANTIES
4.1 Once the payment has been made, no cancellation of the order by the CUSTOMER shall be admitted, unless expressly agreed in writing by PHOENIX MECANO ESPAÑA. If the cancellation is accepted, PHOENIX MECANO ESPAÑA may apply a penalty for the amount corresponding to 30% of the price of the corresponding product(s)..
4.2 All products are under warranty for 3 (three) years from the date of receipt by the CUSTOMER. This warranty shall apply exclusively to wear and tear, errors, flaws or non-conformities arising within the above period, provided that the above has not been caused by improper use, maintenance or care or in disregard of the manufacturer’s manuals, specifications or recommendations. In no case shall the warranty cover any non-conformities applicable to components or elements of consumption or ordinary wear and tear due to mere use, such as batteries, gears, bearings, cranks, wiring or rubbers, among others, as the case may be.
Under this warranty, the CUSTOMER may obtain the repair and/or replacement (at the discretion of PHOENIX MECANO SPAIN) of the affected product(s), including parts and labour, free of charge. Shipping, delivery and return costs shall in all cases be borne by the CUSTOMER.
In the event that PHOENIX MECANO ESPAÑA, upon receipt of a product for preparation or replacement under warranty, determines that the faults, defects or non-conformities are not covered, it will immediately inform the CUSTOMER and provide a quote so that the CUSTOMER may opt for repair or replacement. The CUSTOMER, in any case, shall be responsible for all costs and expenses arising from the above, or for their collection or return in case of refusal of the quotation.
4.3 Repairs carried out by PHOENIX MECANO ESPAÑA Technical Service initiated within 3 (three) years of receipt of the product will be under warranty for a maximum of 6 (six) months. In the case of repairs carried out after the previous three years, the warranty for such repairs shall be 3 (three) months.
PRICE AND PAYMENT METHOD
5.1 The price of the products, including shipping and, if applicable, packaging costs, shall be determined prior to acceptance of the order and shall be expressed in Euros. Prices include VAT, which will be deducted in case of sales outside Spain if the CUSTOMER proves to be registered in the Registry of Intra-Community Operators and comply with the legally established requirements.
In case of sales to the Canary Islands or Ceuta and Melilla, the corresponding indirect taxes will be applied and settled at the destination by the CUSTOMER.
5.2 The CUSTOMER undertakes to pay the price fixed in accordance with the provisions of the contract. PHOENIX MECANO ESPAÑA makes every effort to keep the prices of its products up to date, although errors may occur.
5.3 The means of payment specifically indicated at the time of purchase are accepted. In any case, PHOENIX MECANO ESPAÑA will not have access to the account details, card or other means of payment entered on the platform, which are processed through the virtual gateway of a third party and that uses encryption of communications preventing the interception of data in transit, all in accordance with the usual standards and security requirements established in the current legislation for suppliers or payment intermediaries.
6.1 Within the framework of this contract, PHOENIX MECANO ESPAÑA will collect personal data of the CUSTOMER, which will be processed in order to process, manage, and execute the orders and the contract of sale of the products, as well as to comply with its legal, administrative, accounting and tax obligations, the above being the legal basis that legitimises the aforementioned processing.
6.2 The data will not be communicated to third parties without your authorisation, except in the cases expressly permitted or required by law. In particular, the identification, address and other data necessary for the processing of orders will be communicated to the logistics providers for the shipment of the products, all in compliance with and execution of the contract signed between the parties.
The data will be kept until the contract is executed or terminated and subsequently and duly blocked, until the prescription of possible liabilities that may arise from such processing.
PHOENIX MECANO ESPAÑA reserves the right to make, at any time, modifications and updates to this document, conditions, the catalogue of products offered, their availability, prices and costs. The corresponding modifications shall apply to orders placed after the modification or update.
APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly set forth herein. The parties submit to the jurisdiction and competence of the Courts and Tribunals of Zaragoza (Spain) for the resolution of any matter that may arise regarding the interpretation, application and fulfilment of the contract, expressly waiving their own jurisdiction, if any.