General terms & conditions

 

These Terms of The Climate Factory Southwestern Europe SLU enter into force on the first of May 2015.

 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection

Article 8 - Exercise of the right of withdrawal by the consumer and costs

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and extended warranty

Article 13 - Delivery and execution

Article 14 - Duration Transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different terms

 

Article 1 - Definitions

In these terms and conditions:

  1. Additional agreement means an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract are supplied or by a third party based on an appointment and these things by the entrepreneur, digital content and / or services between that third party and the trader;
  2. Grace period: The period within which the consumer can exercise his right of withdrawal;
  3. Consumer:   the natural person who is acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar;
  5. Digital content: data produced in digital form and delivered;
  6. Duration Agreement: an agreement that involves the regular delivery of goods, services during a specified period and / or digital content;
  7. Durable medium: any device - also including e-mail - that the consumer or trader to information that is personally addressed to him, to store in a way which enables future reference or use during a period that is tailored to the target which it was intended, and which enables unaltered reproduction of the stored information;
  8. Right of withdrawal: the ability of the consumer to cancel within the grace period of the contract;
  9. Entrepreneur: the natural or legal person who sells products, (access to) digital content and / or remote services offered to consumers;
  10. Distance contract: an agreement to be concluded between the trader and a consumer under an organized distance sales of products, digital content and / or services, in which to conclude the agreement exclusive or joint use of one or more means of distance communication;
  11. Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions;
  12. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader need to be met in the same area;

 

Article 2 - Identity of the trader

Name entrepreneur
 

The Climate Factory Southwestern Europe SLU

Balmes 76, 2º-2ª

08007 Barcelona, España

+34-93-7370065

[email protected]

 

Article 3 - Applicability

  1. These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. The entrepreneur If this is not reasonably possible, before the distance contract is concluded, indicate how the general conditions are available for inspection at the trader and that they are sent at the request of the consumer as quickly as possible free of charge.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded at a distance, which shall consumers in the text of these terms and conditions electronically to the consumer be made available in a manner can be easily stored on a durable medium. Will be if this is not reasonably possible, before the distance contract is concluded, indicated where can be aware of the terms and conditions electronically and that they will be sent free of charge upon request from the consumer electronically or otherwise.
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him .

 

Article 4 - The offer

  1. If an offer has a limited or subject to conditions, be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader makes use of illustrations, these are a true representation of the products, services and / or digital content. Obvious mistakes or errors in the offer does not bind the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer.

 

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronically receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
  3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. The entrepreneur If the consumer can pay electronically, take appropriate safety precautions.
  4. The entrepreneur can within the law - to inform or consumers of its payment obligations, and all facts that are important to a sound conclusion of the distance contract and factors. If the operator under this investigation was justified in order not to accept the agreement, he is entitled to refuse an order or request or special conditions to the implementation.
  5. The entrepreneur will look upon delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:

a. the address of the establishment of the business where the consumer can lodge complaints;

b. the conditions and how the consumers of the withdrawal right can use, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and after purchase service;

d. the price including all taxes of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, the distance contract delivery or performance;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

f. if the consumer has a right of withdrawal, the model withdrawal form.

  1. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.

 

Article 6 - Right of withdrawal

For products:  

  1. The consumer may terminate an agreement regarding the purchase of a product during a cooling off period of 14 days without giving reasons. The operator may ask the consumer the reason for withdrawal, but not commit to stating his reason (s).
  2. The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a pre-designated by the consumer third party other than the carrier, the product has received, or:
  3. as the consumer in one order ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The entrepreneur may, provided he has the consumer prior to the ordering process clearly informed about this, refuse an order multiple products with different shipping time.
  4. as the delivery of a product consisting of multiple lots or pieces: the day on which the consumer or a third party designated by him, the last shipment of the final part has received;
  1. the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, received the first product.

 

For services and digital content is not supplied on a tangible medium:

  1. The consumer can a service agreement and an agreement for the supply of digital content which is not supplied dissolve for at least 14 days without giving reasons. On a tangible medium The operator may ask the consumer the reason for withdrawal, but not commit to stating his reason (s).
  2. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.

Extended reflection for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:

  1. If the entrepreneur the consumer has not provided the information required by law about the right of withdrawal if the model withdrawal form, the waiting period will expire twelve months after the end of the original, in accordance with the preceding paragraphs of this article reflection set.
  2. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the effective date of the original reflection, reflection expires 14 days after the day on which the consumer receives that information.

Article 7 - Obligations of the consumer during the reflection

  1. During this period the consumer will treat the product to the packaging. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product fixed. The starting point is that the consumer should only handle the product and inspect as he would be allowed to do in a shop.
  2. The consumer is liable for depreciation of the product resulting from a way of dealing with the product beyond permitted in paragraph 1. Point is
  3. The consumer is not liable for the value of the product as the company did not provide him or at the conclusion of the Agreement, all information required by law about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs

  1. If the consumer exercises his right of withdrawal, he must within the cooling-off period by means of the model withdrawal form or other unequivocally to the entrepreneur.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands it to (a representative of) the entrepreneur. This is not necessary if the trader has offered to collect the product itself. The consumer is back transmission period observed in any case as to return the product before the period has expired.
  3. The consumer shall send back the product with all accessories, if reasonably possible, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct cost of returning the product. If the employer has not notified the consumer must bear these costs or if the employer shows to bear the costs themselves, the consumer does not have to bear the cost of return.
  6. If the consumer withdraws after first explicitly requested that the provision of the service or the supply of gas, water or electricity are not put up for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer is the entrepreneur amount payable in proportion to that part of the undertaking that is fulfilled by the operator at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, not put up for sale in a limited volume or quantity, or supply of district heating, if:
  8. the business consumer statutory information about the right of withdrawal, the allowance for revocation or the model withdrawal form has not supplied or;
  9. the commencement of the execution of the service or supply of gas, water, electricity or district heating during the cooling off period, the consumer has not specifically requested.
    1. The consumer shall bear no cost for the full or partial delivery of undelivered on a tangible medium digital content if:
    2. He has not explicitly agreed to begin the fulfillment of the agreement before the end of the waiting period prior to its delivery;
    3. he has not acknowledged losing his right of withdrawal when giving his consent; or
    4. the trader has failed to confirm this statement by the consumer.
      1. Any additional agreements are automatically If the consumer exercises his right of withdrawal, dissolved.

Article 9 - Obligations of the trader in case of withdrawal

  1. If the trader makes the notification of withdrawal by the consumer electronically possible, he immediately sends an acknowledgment. Receipt of this notification
  2. The trader shall reimburse all payments made by the consumer, including any delivery charges charged by the operator for the returned product without delay but within 14 days following the day on which the consumer notifies him of the revocation. Unless he can offer the entrepreneur to retrieve the product itself waiting to return until he has received the product or the consumer can demonstrate that he has returned the product, whichever is the earliest.
  3. The entrepreneur used to refund the same card that the consumer, unless the consumer with a different method. Agrees Repayment is free for consumers.
  4. Do if the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, do not pay the additional cost for expensive back the entrepreneur.

Article 10 - Exclusion of right of withdrawal

The operator may exclude the following products and services of the right of withdrawal, but only if the trader clearly in the offer, at least for the conclusion of the agreement, timely stated:

  1. Products whose price depends on fluctuations in the financial market on which the entrepreneur's control, which may occur within the withdrawal period or services
  2. Agreements concluded at a public auction. Under a public auction means a method of sale where offered by the trader to the consumer who is present in person or given the opportunity to personally present at the auction, led by an auctioneer, products, digital content and / or services and where the successful bidder is obliged products, digital content and / or services are decreasing;
  3. Service contracts, after the completion of the service, but only if:
  4. the performance has begun with the express prior consent of the consumer; and
  5. the consumer stated that he loses his right of withdrawal once the trader has fully implemented the agreement;
    1. Service Agreements for provision of accommodation, and in the contract a specific date or period of performance is provided and other than for residential purpose, freight, car rental and catering services;
    2. Agreements relating to leisure, and in the contract a specific date of implementation is foreseen or period;
    3. According to the consumer's specifications manufactured products that are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific individual;
    4. Products that spoil or have a limited shelf life;
    5. Sealed products for reasons of health protection or hygiene are not suitable to be returned and whose seal is broken after delivery;
    6. Products after delivery, by their nature, inseparably mixed with other items;
    7. Alcoholic beverages, the price has been agreed at the conclusion of the contract, the delivery of which can take place after 30 days, and the actual value is dependent on fluctuations in the market in which the trader has no influence only;
    8. Sealed audio, video recordings or computer software which were unsealed after delivery;
    9. Newspapers, periodicals or magazines, except for subscriptions to this;
    10. The delivery of digital content not supplied on a tangible medium, but only if:
    11. the performance has begun with the express prior consent of the consumer; and
    12. the consumer stated that he thus loses his right of withdrawal.

Article 11 - The price

  1. The prices of the products and / or services during the period mentioned in the offer will not be increased, except for price changes due to changes in VAT rates.
  2. The business products or services whose prices Notwithstanding the preceding paragraph are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legislation or regulations.
  4. Price increases from 3 months after the conclusion of the agreement only permitted if the trader stipulated as much and:

a. they are the result of legislation or regulations; or

b. the consumer has the power to terminate the contract as of the date the increase takes effect.

  1. The rates in the supply of products or services include VAT.

Article 12 - Compliance agreement and extended warranty

  1. The company guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and, at the date of conclusion of the agreement existing legal provisions / or government regulations. If agreed, the entrepreneur also means that the product is suitable for other than normal use.
  2. An additional warranty provided by the company, its supplier, manufacturer or importer limited never statutory consumer rights under the contract against the trader can assert if the trader has failed to fulfill its part of the agreement. And receivables
  3. Under additional warranty means any undertaking by the trader, its supplier, importer or producer which grants it certain consumer rights or claims beyond the extent this is required by law in case he failed to fulfill his part of the agreement .

Article 13 - Delivery and execution

  1. The trader will take the greatest possible care in the receipt and execution of orders and products in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer made known to the trader.
  3. The entrepreneur unless another delivery is Subject to what is stated in Article 4 of these terms and conditions accepted orders expeditiously but not later than 30 days, agreed. If delivery is delayed, or if an order is not or only partially, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
  4. The operator the amount that consumers paid after termination repay promptly in accordance with the preceding paragraph.
  5. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and to the trader, unless this is expressly agreed.
  6. it is the customer at the time of delivery to check the conformity and the condition of the goods purchased by him. The customer must The Climate Factory within 7 working days to inform in case of non compliance of the product, damage or defects on its operation. All communications related thereto must be paid by the customer by e-mail at the address [email protected].

Article 14 - Duration Transactions: duration, termination and renewal

Termination:

  1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity included) or services, cancel at any time, subject to the applicable termination rules and a notice not exceeding one month.
  2. The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity included) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of exceeding one month.
  3. Consumers can the agreements mentioned in the preceding paragraphs:

- Cancel at any time and not be limited to termination at a specific time or during a specified period;

- Terminate them in the same way as they are concluded;

- Cancel at the same as the company has negotiated for itself notice.

Extension:

  1. A contract for a definite period, which extends to the regular delivery of products (including electricity included) or services, may not be automatically extended or renewed for a specified duration.
  2. Notwithstanding the preceding paragraph, a contract for a definite period allowed and which extends to the regular supply of daily and weekly newspapers and magazines will be tacitly renewed for a fixed period of up to three months if the consumer this extended agreement against the end of the extension may terminate with notice of up to one month.
  3. A contract for a definite period, which extends to the regular delivery of products or services may be indefinite period if the consumer may at any time withdraw a notice of up to one month only. Tacitly The notice period is more than three months, when the agreement extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
  4. An agreement with a limited duration to the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory.

Duration:

  1. Consumers may If a contract has a duration of more than one year, after a year terminate the agreement at any time with a notice not exceeding one month, unless the reasonableness and fairness dictate the termination before the end of the agreement.

Article 15 - Payment

  1. Insofar as not otherwise provided in the agreement or additional conditions, the amounts to be paid by the consumer within 14 days after the start of the cooling period, or in the absence of a cooling off period within 14 days after the conclusion of the contract. In case of a contract to provide a service, such period shall begin on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, consumers should never be required to advance payment of more than 50%. In terms Consumers can If payment is agreed, do not assert any rights regarding the execution of the order or service (s) before the stipulated advance payment made.
  3. The consumer has the duty to inaccuracies in the payment details immediately to the operator.
  4. If the consumer does not fulfill his payment obligation (s) in due time, this after being the entrepreneur pointed to the late payment and the entrepreneur, the consumer has a period of 14 days to allow them to comply with his payment obligations, after non-payment within this 14-day period, the amount due the legal interest and the company is entitled to bring the made extrajudicial collection costs. These collection costs up to 15% on outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur may differ to the benefit of consumers of amounts and percentages.

Article 16 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the contract, the consumer has found the defects after promptly, be submitted to the entrepreneur. Fully and clearly described
  3. When the trader complaints, within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time, answered by the operator within the period of 14 days with an acknowledgment of receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved within a reasonable time within three months after the filing of the complaint by mutual agreement creates a dispute that is subject to dispute.

Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer of these terms refer to Spanish law applies.
  2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to this entrepreneur delivered or delivered products and services, may be submitted by both consumers and entrepeneurs, subject to the provisions below, to the Dispute Webshop, PO Box 90600, 2509 LP The Hague ( www.sgc.nl ).
  3. A dispute shall be taken only by the Disputes Committee, if the consumer has submitted his complaint within a reasonable time to the entrepreneur.
  4. The dispute should be no later than three months after the dispute arose brought in writing to the Disputes Committee.
  5. If a consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. Consumers will When the entrepreneur that wants to do, within five weeks after a made in writing by the employer request must be in writing if he so desires or wants to handle the dispute by the competent court. The entrepreneur learns consumer choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
  6. The Disputes Committee's decision under the conditions as stipulated in the regulations of the Disputes Committee. The decisions of the Disputes Committee as binding advice.
  7. The Disputes Committee will not handle a dispute or strike, if the entrepreneur granted suspension of payments, the state has become bankrupt or has actually terminated its business, before a dispute is dealt with by the Committee at the session and a final decision is pointed out.

Article 18 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of the consumer and should be set down in such a way that they can be stored by the consumer in an accessible manner on a durable medium writing.

 

Model withdrawal form