Terms and Conditions
These Terms and Conditions regulate the purchase of the products offered by the vendors who offer and sell their industrial products through the online sales platform www.emarketindustry.com, jointly owned by the companies:
BAC VALVES, S.A.
NIF: A17378928 / V.A.T. ESA17378928
Address: C/ Tapis 126, 17600 Figueres
Phone.: +34 972677052
Email: bac@bacvalves.com
and,
ESPECIALIDADES INDUSTRIALES SUMINISTROS AUTOMOCION, S.L.
NIF: B43220383
Address: Pol. Industrial Riu Clar, C/ Ferro núm. 10, 43006 Tarragona
Phone.: +34 977553079
Email: esinsa@esinsa.es
In this document we will refer to:
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emarketindustry (www.emarketindustry.com): is an online sales platform (Marketplace) to sell the industrial products of the companies that use it to list their products.
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seller: is a company that uses emarketindustry to offer and sell its products.
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customer: is the legal entity that purchases the product offered by a seller through emarketindustry.
The services and products offered through emarketindustry are intended only for legal entities that, in accordance with the applicable legislation, have sufficient legal capacity for the acceptance of these Contractual Terms and Conditions.
As stated above, emarketindustry offers an online platform where companies can sell their industrial products if they want to and have made an agreement with emarketindustry.
The sale and purchase of products is carried out directly between the seller offering the product on www.emarketindustry.com, and the customer who is purchasing it, so that the contract is perfected solely between them. This means that emarketindustry does not act on behalf of the sellers, nor of the customers who purchase products offered on this platform and, consequently, assumes no liability whatsoever relating to the obligations that correspond to them or to the actions that they take.
The customer will be able to access the contact details of the seller in the "Seller Information" section, available in the information of the offered product.
The conditions of each seller only bind the customer and the seller and in no case apply to emarketindustry, who will only limit itself to facilitating transactions between the customer and the seller, even if the seller is the company BAC VALVES, S.A. or the company ESPECIALIDADES INDUSTRIALES SUMINISTROS AUTOMOCION, S.L., since each seller shall be responsible for the products sold through emarketindustry.
emarketindustry simply provides a space where customers and vendors can complete their transactions. Therefore, the products are purchased directly from the company acting as seller, so that the contract generated with the purchase of any product sold by a seller, concerns solely and exclusively the buyer and the seller of such product. emarketindustry is not a party to that contract, does not assume any liability in connection therewith, and does not act as a representative of the seller. The seller is the only responsible for the sale and shipment of its products, as well as for providing assistance regarding the buyer's claims, or any matter related to the aforementioned contract between the buyer and seller.
The customer must read and accept the present Terms and Conditions and the information of the products to be purchased before proceeding with the acquisition. This acceptance shall be made expressly by clicking on the acceptance box of the Terms and Conditions that will appear during the purchase process. By doing so, the customer, through their representative, confirms that they have the legal capacity to purchase the products they have chosen.
The purchase shall be considered as fully completed at the time of its formalization, and from that moment the prices and conditions will be contractual, so they can only be modified by the express agreement of the contracting parties.
The electronic document formalizing the purchase will be filed by emarketindustry for one year, in Spanish language, and the customer may obtain a copy during this period.
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CUSTOMER OBLIGATIONS
The customer is obliged for all purposes to use the platform and, if appropriate, to purchase the products offered therein by the sellers, in accordance with the law and the provisions of these Terms and Conditions.
emarketindustry reserves the right to delete from the platform any comment or opinion of customers contravening the law in force, especially in cases that violate the fundamental rights and freedoms of individuals.
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PRICES
Unless otherwise stated, all prices of the products offered by sellers on the platform are expressed in Euros and DO NOT INCLUDE the amounts corresponding to applicable taxes (VAT), nor packaging and shipping costs, which, in any case, will be specified at the time of purchase.
In the final purchase summary, before making the payment, the final price of the purchase will be shown, indicating the amount corresponding to the applicable taxes, as well as the method and total cost of shipment.
The prices displayed on this platform may be reviewed and modified by the sellers offering the products, at any time.
In case a product is on sale, the seller shall indicate the sale price and expiration period.
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PURCHASE AND PAYMENT PROCEDURE
The customer will select on the platform the products they want to purchase from the selected seller and the number of units.
The customer must fill in the form with their data to process the order and, if desired, they can register on the platform to make future purchases easier. Before placing the order, a summary of the products to be purchased, the price, shipping costs and the expected delivery time will be shown to the customer, who may make any changes they deem necessary. To formalize the order, the customer must click on the acceptance box of the Privacy Policy and these Terms and Conditions. At this point you will also have to choose the payment method and click on Checkout. The customer will then be taken to another page to enter the details of the credit card used to make the payment, or of the payment service available, and accept the completion of the payment. Once the payment has been made emarketindustry will send to the customer's e-mail address an e-mail confirming receipt of the order within a maximum of 24 hours after the order has been placed. In the event that the customer does not agree with the information contained in the purchase confirmation, they may request the modification or cancellation of the purchase within 48 hours after receiving the confirmation, as long as the order has not yet been shipped. In case the customer cancels the order placed within 48 hours after the request, the seller shall refund the amount received and may retain, if applicable, 10% of the amount advanced.
In no case may the customer modify any order without the written consent of the seller. Any modifications proposed by the customer and accepted by the seller shall be subject to modification fees or possible variations in the price, specifications or delivery time of the products, as determined by the seller in its sole discretion, and such decision shall be binding on the customer once communicated to them. When deemed appropriate, the Seller may temporarily suspend production until the acceptance of any modifications or adjustments proposed to or by the customer.
Unless previously agreed and specified in the purchase order, the seller shall not provide any documentation other than that requested and agreed upon. If new or additional documentation is requested, it will be charged separately.
The contract shall not be considered completed until the seller has received the payment for the products.
All transactions carried out through the Virtual POS will meet all the guarantees of security, confidentiality and integrity for the participants. Transactions will be carried out in real time, meaning that the authorization of the transaction is communicated to emarketindustry and the customer immediately. This system incorporates the latest e-commerce protocols developed by VISA and MasterCard, which allow the identification of the buyer using their card as a means of payment in an online store.
Your credit card information is entered directly on the bank's website, at the bank's POS (Point of Sale) and is not entered or recorded on any emarketindustry server.
The customer shall be responsible for the veracity of the personal data provided and, in particular, is responsible for ensuring that the credit or debit cards used are owned by the customer or authorized for use and that they have sufficient funds to cover the cost of the products to be purchased. emarketindustry reserves the right to refuse this form of payment in the event of a declined card or false data. Similarly, the customer must notify emarketindustry via email to sales@emarketindustry.com, of any undue or fraudulent charge on the card used for purchases on the platform, as soon as they become aware of it.
When sending the order, the seller will attach the order delivery note/invoice. In any case, the customer may request a copy of the invoice by sending an e-mail to the seller.
The customer authorizes the seller to send the invoice in electronic format.
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PRODUCT AVAILABILITY AND ORDER DELIVERY
The selection of products offered by sellers on emarketindustry is valid as long as the products are visible on the platform, with the available stock limits set by each seller. When the product is in stock, the approximate delivery time will be 48 hours. To this period must be added the delivery times that the transport operators may have, which will be established when making the purchase. The shipping and delivery preparation period will begin once the payment of the order has been received and confirmed.
These periods are calculated on working days - Monday to Friday - since vendors do not ship products during holidays, Saturdays or Sundays.
The shipment of the products will be made by the seller they were purchased from.
Orders will be delivered to the delivery address freely designated by the customer.
The customer agrees to enable the receipt of the order, providing an address where it can be delivered within the usual delivery schedule. In the event of non-compliance by the customer with this obligation, the seller shall have no liability whatsoever for the delay or impossibility to deliver the order.
The customer agrees to sign the corresponding declaration of receipt of the ordered goods upon delivery.
When the seller anticipates that, for some reason, they will not be able to meet the delivery time, they will promptly inform this to the customer, who may opt to receive the money paid back, which will be returned by the seller within a maximum deadline of 30 days.
Similarly, in case the seller is unable to deliver the products purchased because they are not available at that time, they will promptly inform this to the customer, and offer a comparable product, and the customer may choose whether to accept the new product offered by the seller, or cancel the order and get a full refund, which will be returned by the seller within a maximum deadline of 30 days.
In case the customer repeatedly refuses to receive the order that has been sent to them, it will be considered canceled and the seller will have the right to keep the amount paid by the customer, as well as the products. It is considered a repeated refusal to receive an order if the customer refuses to receive the order on two separate occasions when the carrier has attempted delivery.
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RIGHT OF WITHDRAWAL
Articles 102 and following of 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, regulate the right of withdrawal for customers who have the status of consumers or customers in accordance with the definition set forth in product 3 of the aforementioned Royal Legislative Decree. Since the customers who purchase the products sold by the sellers through this platform are only legal entities acting in the course of business, the right of withdrawal does not legally apply.
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RETURNS
Written permission from the seller must be obtained before returning goods for a refund, whether or not the goods in question are found to be in compliance, defective or otherwise.
In order for products to be returned or replaced, the customer must examine the packaging and products upon receipt and inform the seller and the carrier of any possible shortages, loss or damage within 48 hours after delivery. Complaints shall only be valid if the customer has examined the goods before signing the acknowledgement of receipt related to the goods.
If the return is well-founded, the seller will refund the value of the products and the shipping costs, as well as the direct costs of the return, within a maximum time frame of thirty (30) days from the receipt by the seller of the products returned, using the same method of payment that the customer chose when making the purchase.
If the products are lost during transportation, or if there is a delay in delivery, the customer must notify the seller and the carrier within fourteen (14) days following the scheduled delivery date.
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WARRANTY
It is the responsibility of each seller to offer the legal warranty on the products sold on the emarketindustry platform, so the customer must address any request for repair or claim on the warranty of a product to the seller.
Any defect or alleged non-conformity with a product shall be notified in writing by the customer to the seller it was purchased from, including all details in the claim.
emarketindustry is in no case responsible for the warranty of the products sold by the sellers, since it only offers its platform for sellers to offer and sell their products.
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LIABILITIES
The products offered on this platform comply with Spanish legislation. Sellers' liability cannot be claimed in the case of products that do not comply with the legislation of the countries they may have been shipped to as per the customer's order. Therefore, it is up to customers outside Spain to verify the possibility of importing and/or using the products they purchase.
The seller is the only responsible before the customer for the sale of its products and to offer a response to claims, incidents or returns that may arise from the sale of its products.
The customer is solely responsible for the orders placed and for the correct consignment of the shipping address.
emarketindustry does not review or validate the products that sellers offer through its platform, so emarketindustry will not be responsible, either directly or indirectly, or subsidiarily, for the quality of the products or the correct provision of the services offered directly by those sellers, nor for damages of any nature arising from the sale of the products.
As an example, but not as a limitation, emarketindustry does not assume any responsibility for the following actions performed by customers or sellers:
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the use that sellers and/or customers may make of the information offered on the platform, in violation of the intellectual and/or industrial property rights of emarketindustry's or third parties' contents.
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infringements of intellectual and industrial property and trademark rights that sellers may commit involving the products they offer on emarketindustry.
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the contents of those pages to which sellers and/or customers may access from links included on emarketindustry or may be included by sellers.
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acts or omissions from third parties, whether or not these third parties may be contractually bound to emarketindustry.
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errors or damages caused to emarketindustry as a result of inefficient and malicious use by a seller or a customer.
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the performance of unfair competition and illegal advertising activities by sellers.
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the publication by sellers of images or data property of a natural person to promote or describe their products, without having obtained the legally required authorization to do so.
emarketindustry works diligently to ensure the uninterrupted functionality and availability of its platform, however, access to or use of certain features may be affected or temporarily interrupted due to technical issues, maintenance or other issues beyond emarketindustry's control. Therefore, emarketindustry also assumes no liability whatsoever for:
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any damages caused to sellers and/or customers as a result of normal or abnormal operation of the search tools, the organization or location of the contents and/or access to the platform and, in general, errors or problems arising from the development or implementation of the technical elements of the platform. The interruption of the operation of the platform will in no case entitle sellers or customers to any right whatsoever, not even for loss of profit or loss of business.
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errors or delays experienced by sellers and/or customers when entering their data in emarketindustry, the slowness or impossibility for customers to receive their order confirmation or any other anomaly that may arise when these incidents are due to Internet network problems, fortuitous events or force majeure, and any other unexpected event beyond the reasonable control of emarketindustry.
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failures or incidents, deletion or incomplete transmissions that may occur in communications, meaning that emarketindustry is not guaranteed to be constantly operational.
emarketindustry is committed to solve the incidents that may arise in its platform in the shortest possible time.
Additionally, sellers and customers are informed that emarketindustry cannot control the programs or devices that may be introduced in their computer or cell phone while browsing the Internet, so we recommend setting up the necessary prevention and security measures (such as, for example, antivirus and security updates), so that they are protected against possible attacks from third parties.
Finally, emarketindustry is not responsible for fraudulent uses of the emarketindustry brand and name that may be made by third parties.
If a seller or customer becomes aware of any fraudulent action they may contact emarketindustry and we will try to take appropriate action.
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CUSTOMER LIABILITIES
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Register on emarketindustry with true data.
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Keep safe your user data and password used to access emarketindustry.
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Pay the price of your order using the payment method you chose when you placed your order.
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Be at the place of delivery of the order at the time set for it and accept the delivery of the products purchased.
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Directly address to the seller any request for assistance, claims, returns or warranties related to the products purchased.
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Not to use emarketindustry to carry out illicit or criminal activities that violate the rights of third parties or any rule of the legal system. Therefore, customers shall not enter, store or send on or from the platform any information or material that is defamatory, offensive, obscene, threatening, xenophobic, promotes violence, discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and, in general, infringes the regulations in force
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CUSTOMER SERVICE
For any communication, incident or complaint the customer can send a message to emarketindustry via email to sales@emarketindustry.com, or call +34 972677052.
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NULLITY OF A PROVISION
If any clause included in these Conditions is deemed, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect that clause or portion thereof that is null or ineffective, and the rest of the Terms and Conditions shall remain in full force and effect.
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NOTIFICATIONS
Any notification or request to be made by the parties regarding the contracting of products or these Terms and Conditions must be made in writing and shall be understood to have been duly made if it has been sent to the e-mail address that each party may indicate to the other for this purpose.
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APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions shall be governed by and construed in accordance with the Laws of Spain.
Any dispute arising in the application or interpretation of these conditions, as well as concerning the existing relationship between the parties, shall be resolved in the courts of the city of Girona, Spain, which shall have exclusive jurisdiction over any other jurisdiction.
emarketindustryreserves the right to make changes at any time to www.emarketindustry.com, as well as to these Terms and Conditions.