Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website https://safetysuministros.com/, property of SAFETY SUMINISTROS CONSULTANTS S.L under the commercial brand of SAFETY SUMINISTROS, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by SAFETY SUMINISTROS CONSULTANTS S.L. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. SAFETY SUMINISTROS CONSULTANTS S.L will file the electronic document where the purchase is formalized and will have it at the USER'S disposal in case he/she requests it.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the USER:
- Has read, understands and comprehends what is set forth herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is SAFETY SUMINISTROS CONSULTANTS S.L, with registered office at Calle Escuelas Pias 71, 1º - 1ª, 71 - 1º 1ª 08017 Barcelona (Barcelona), NIF B42776401 and customer service telephone number 637 60 26 88.

And on the other hand, the USER, registered on the website by means of a user name, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to info@safetysuministros.com so that SAFETY SUMINISTROS CONSULTANTS S.L can correct them as soon as possible.

The USER will be able to keep his/her data updated by accessing his/her user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username, committing to make diligent use of the same and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.

Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the bid.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPMENT AND DELIVERY OF ORDERS

The PROVIDER shall not ship any order until it has verified that payment has been made.

Shipments of goods shall be usually made by EXPRESS MESSENGER (EXPRESS MAIL, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 15 working days, depending on the destination town and the chosen payment method. The estimated date of shipment and delivery will be provided prior to order confirmation.

Failure to execute the contract remotely

In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of such amount.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the USER.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, require the correction of such lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand, in addition, compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set forth in this contract.

It is up to the USER to verify the products upon receipt and to expose all caveats and claims that may be justified in the delivery receipt document.

In the event that the contracting does not involve the physical delivery of any product, but a download activation on a website, the PROVIDER shall previously inform the USER regarding the procedure to follow to perform this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://safetysuministros.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the expiration date of the initial withdrawal period (article 103 of RDL 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).

The right of withdrawal shall not apply (art. 103 RDL 1/2007, of 16 November) to contracts relating to:

(a) The provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.

c) The supply of goods made to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

f) The supply of goods that after delivery and taking into account their nature, have been mixed in an inseparable way with other goods.

g) The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the control of the entrepreneur.

h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such a visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded by means of public auctions.

l) The supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a material support when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.

Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@safetysuministros.com, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of 10% of the product to the USER previously informing about it through the same communication channel used.

Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of shipment, with the transport costs at his/her expense, to the address of SAFETY SUMINISTROS CONSULTANTS S.L, Calle Escuelas Pias 71, 1º - 1ª, 08017 Barcelona (Barcelona).

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: SAFETY SUMINISTROS CONSULTANTS S.L, Calle Escuelas Pias 71, 1º - 1ª, 08017 Barcelona (Barcelona).

Telephone: 637 60 26 88
E-mail: info@safetysuministros.com
Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the force majeure event has ceased.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

Should any provision of these conditions be considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of SAFETY SUMINISTROS CONSULTANTS S.L. or to what is stipulated herein, shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether or not products are available.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. If the USER wishes to receive it by e-mail, he/she must request it by any of the means that the PROVIDER makes available to him/her, informing him/her that he/she may revoke this decision at any time.

For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 637 60 26 26 88 or via e-mail to the address info@safetysuministros.com.

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, nor installation or downloading costs, or complementary services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated by the weight of the products and by the delivery address.

The maximum transport rates (VAT included) applied are as follows:

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and makes possible the following ways to pay for an order:

- Credit card
- PayPal
- Bank transfer

The USER may use a discount coupon prior to the completion of the purchase if received by the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brands' programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS

Any product from our catalog can be added to the shopping cart. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket has been saved, the charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order following the next steps for its correct formalization:

1. - Verification of the invoicing data.
2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Placing the order (purchase).

Once the order is processed, the system instantly sends an e-mail to the PROVIDER’s management department and another one to the USER’s e-mail confirming the order.
Orders (purchase requests)

Prior to the confirmation of the order, information on the status of the order and the approximate shipping and/or delivery date will be provided.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable provision of law, license, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

The guarantee of the products offered shall respond to the following articles based on the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. They are included in the scope of application of this title the contracts of sale of products and the contracts of supply of products to be produced or manufactured.

2. The provisions of this Title shall not apply to products acquired by judicial sale, to water or gas, when they are not packaged for sale in delimited volume or determined quantities, and to electricity. Nor shall it be applicable to second-hand products acquired at administrative auctions which consumers and users may attend in person.

Article 116. Conformity of the products with the contract.

1. In the absence of proof to the contrary, it shall be understood that the products are in conformity with the contract provided that they comply with all the requirements expressed below, unless, due to the circumstances of the case, some of them are not applicable:

a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

b) Are suitable for the uses to which products of the same type are ordinarily intended.

c) Are suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.

d) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably have been expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not have influenced the decision to purchase the product.

2. Lack of conformity resulting from incorrect installation of the product shall be treated as lack of conformity of the product where the installation is included in the contract of sale or supply referred to in Article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user where the faulty installation is due to an error in the installation instructions.

3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the remedy for hidden defects of the purchase-sale.

In any case, the consumer and user will have the right, in accordance with the civil and mercantile legislation, to be compensated for the damages derived from the lack of conformity.

Article 118. Liability of the seller and rights of the consumer and user.

The consumer and user has the right to the repair of the product, to its replacement, to the reduction of the price or to the resolution of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.

2. It will be considered disproportionate the form of remedy that in comparison with the other, imposes on the seller costs that are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconvenience to the consumer and user.

In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be considerably higher than the costs for the other form of remedy.
Article 120. Legal regime of the repair or replacement of the product.

The repair and replacement shall conform to the following rules:

a) They shall be free of charge for the consumer and user. This gratuity shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

b) They must be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.

c) The repair suspends the computation of the periods referred to in article 123. The period of suspension will begin from the moment the consumer and user places, the product at the disposal of the seller and will end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that motivated the repair, being presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.

e) The substitution suspends the periods referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. To the substitute product it will be of application, in any case, the article 123.1, second paragraph.

f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or termination of the contract under the terms provided in this chapter.

g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract.

The reduction of the price and the resolution of the contract will proceed, at the option of the consumer and user, when this one could not demand the repair or the substitution and in the cases in which these had not been carried out in reasonable term or without greater inconveniences for the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.

NOTE according to art. 108.2: The USER is informed that he will only be liable for the decrease in value of the goods resulting from a manipulation of them other than that necessary to establish their nature, characteristics or operation. In no case shall the USER be liable for the diminished value of the goods if the entrepreneur has not informed him of his right of withdrawal in accordance with Article 97.1.i).

Article 122. Criteria for price reduction.

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of such delivery.

Article 123. Time limits.

1. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.

In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2. Unless proven otherwise, delivery shall be deemed to have taken place on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever is later.

3. The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.

In the same way, together with the repaired or replaced product, the salesperson will deliver to the consumer or user documentary justification of the delivery in which the date of this one and, in its case, the carried out, repair is registered.

4. The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.

5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period shall not entail the loss of the right to the corresponding remedy, the consumer and user being liable, however, for the damage or loss actually caused by the delay in communication.

In the absence of proof to the contrary, it shall be understood that the communication of the consumer and user has taken place within the established term.

Article 124. Action against the producer.

When it is impossible for the consumer and user or it is an excessive burden to address the seller for the lack of conformity of the products with the contract may claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice that the liability of the producer ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. This period shall be calculated from the time when the remedy was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. Any dispute that may arise from the provision of products or services subject to these Conditions shall be submitted to the courts and tribunals of the domicile of the USER, the place of performance of the obligation or the place where the property is located if it is immovable.