General contracting conditions
1. Purpose and scope of application
These General Contracting Conditions (hereinafter, “General Conditions”) will apply, except in particular provision to the contrary, to any transaction for the sale of products (hereinafter, the “products” or “product”), or acquisition of services (hereinafter, the “services” or “service”), carried out through this web portal, understanding by this all the pages and their contents owned byINVICTA ELECTRIC, SL (C.I.F .: B 88134226) which are accessed through the domainwww.invictaelectric.es
The fact of placing an order for a product and/or service (hereinafter, “order”) and the acceptance of these General Conditions, entails your full and total adherence to the terms contained in these General Conditions.
INVICTA ELECTRIC, S.L. reserves the right to carry out modifications and/or updates of these Conditions at any time, committing itself to inform you in advance if these are substantial. In any case, it will be considered that you expressly accept said modifications or updates if you place an order through this Web Portal.
In accordance with the provisions of the applicable law, contracts concluded electronically will produce all the effects provided for by the legal system, when consent and other necessary requirements for its validity concur. In any case, the electronic support containing these General Conditions, and the contract concluded electronically, will be admissible as documentary evidence in the event of a dispute between the parties.
All purchases of products and/or services through this web portal, after identification, through name, telephone and email, will be considered validly made by the user, and will be binding.
Any matter that has not been expressly provided for in these General Conditions will be understood to be reserved to INVICTA ELECTRIC, S.L., without prejudice to the application of the provisions of current regulations.
2. Processing of orders and sale procedure
2.1 Processing of orders and sale procedure
All the information related to the products/services offered by INVICTA ELECTRIC, S.L. will be published through this web portal, indicating, as a minimum, the following information regarding each of them: vehicle brand, vehicle model, vehicle price, vehicle discount (if applicable) and financing options (if applicable).
Once you have selected the vehicle you want to purchase, the user can complete our financing request form and send it to us from the web portal itself if they wish.
Reservation: the amount will vary depending on the vehicle, as a reservation of the vehicle you want, so that it is blocked for 48 hours. Once the term has passed, in case the sale has not been formalised, the amount paid will be reimbursed to the client. In case of purchase, the amount entered as a reserve will be considered a down payment and, therefore, part of the payment on the total price.
In the same way, INVICTA ELECTRIC, SL, and unless an express agreement is reached to that effect, will immediately refund to the client the reservation that could have been delivered in the event of “stock out” (stock break) due to not having the product object. reserve at the time of occurrence.
2.2. Delivery of the purchase made
The products purchased will be, by default, sent to the physical address that the user provides during the purchase process, except for force majeure. However, the user may modify the delivery data during the service purchase/acquisition process to indicate a new address. The delivery, in any case, must be made in mainland Spain (deliveries in island territories or in the autonomous cities of Ceuta and Melilla must be subject to express agreement between the parties under the conditions that both determine).
As a general rule, and provided that you have made the full payment and it has been received by INVICTA ELECTRIC, SL, the products/services purchased will be sent without undue delay and in any case within a maximum period of fifteen (15) business days from the date the order is formalised.
The day, time and place of delivery of the purchased product will be agreed between INVICTA ELECTRIC, S.L. and the buyer, always trying to attend the buyer’s instructions within the service hours established by INVICTA ELECTRIC, S.L.
3. Contractual conditions applicable to the sale
3.1 Background information
You accept that the purchase is understood to be perfected from the moment the purchase procedure ends. For these purposes, it will be understood that the monitoring of all phases of the electronic contracting procedure, together or by accepting these General Conditions, they represent an unequivocal expression of your willingness to contract with INVICTA ELECTRIC, S.L.
The refusal to purchase products/services will be made by email to the address provided by the user, justifying the reason for it. The user whose request has been rejected may request the acquisition again, as long as the reasons that gave rise to its denial have been duly corrected or eliminated.
3.3 Economic conditions and forms of payment
All products offered through the web portal are associated with the final price of the product, as well as, where appropriate, the possible discounts that may apply to said purchase
The price of the products/services will always be indicated in euros. All prices include legally applicable taxes including VAT, as well as any other tax that may be applicable, being those in force and legally applicable at that time, the shipping costs shown at the time the user indicates the shipping destination.
In the event that INVICTA ELECTRIC, S.L. identifies a manifest error in the price of any of the published products, will inform the user immediately, as well as carry out the corresponding publication of the rectification of the same through the web portal in the usual means of communication, giving the option to the user to cancel it.
INVICTA ELECTRIC, S.L. reserves the right to modify its prices at any time without giving prior notice, not affecting said modification, in any case, to orders that you have already placed, and that have been confirmed by INVICTA ELECTRIC, S.L.
PAYMENT AND FINANCING
To proceed with the payment, the user must follow each and every one of the instructions shown throughout the contracting process described above.
All the means of payment arranged are subject to checks and authorisations by the issuing entities of the means of payment, but if said entity does not authorise the payment, it will not be possible to continue with the procedure of acquisition of the product/service started, making the order automatically canceled, and understanding not made the purchase of the product/service.
For all purposes, the purchase will be understood to be made solely and exclusively when INVICTA ELECTRIC, S.L. receive confirmation of payment from the responsible financial institution. If the transaction is for any reason denied by said entity, or the full amount corresponding to the amount of the order is not provided (including surcharges for management expenses and bank transfer fees), it will be suspended. The user will be informed that the transaction has not been finalised and that, therefore, the purchase (acquisition of the product/service) has not been effectively made, and must proceed to make a new one.
All electronic payments will be made through a secure payment gateway provided by an external financial entity, completely unrelated to INVICTA ELECTRIC, S.L., so that it will not be able to access your payment data at any time. In any case, the secure payment gateway will be hosted on a server under the communication protocol and communication encryption called “SSL”.
For greater security, confirm that the web address of the page from which you are going to make the
payment begins with https: //.
In no case will the card data provided by the user through the payment gateway be stored in this web portal, and they will only be kept while the purchase is made and the payment is made
Once the user has made the purchase and the corresponding payment, he/she will automatically receive an email in which all the information regarding the products purchased, their unit price, the total purchase price, the applicable taxes, the place will be collected. delivery and billing information.
Together with the purchase, INVICTA ELECTRIC, S.L., will proceed to issue the corresponding invoice for the products purchased, which will be sent in electronic format to your email address. In this sense, you expressly and unequivocally accept that the invoice will be sent in electronic format, where at least the following information will appear:
- Order number.
- Date and time of placing the order.
- Product purchased and its corresponding amount.
- Shipping costs.
- Applicable VAT.
Once the order has been placed, the purchase invoice can only be issued in the name of the natural or legal person who had placed the order, and the billing information cannot be modified.
3.4 Shipping conditions
Once the payment confirmation has been received, the user will be sent the product/service that he has purchased from the address you have indicated, taking into account the expressly provided and informed limitations.
Shipping costs (included in the advertised price) will be paid by the user who purchases the product/service and will be included in the total cost of the order, along with the rest of the items susceptible to payment. Shipping costs will be indicated in the breakdown of the final price that will be shown during the contracting procedure, as well as in the electronic invoice.
INVICTA ELECTRIC, S.L. reserves the right to accept or reject any order, as long as: (a) it verifies that the data provided is contrary to the truth and/or inaccurate; (b) consider that the request made does not comply with the terms set forth in the General Contracting Conditions and/or damages or may damage the corporate image of INVICTA ELECTRIC, S.L. or is contrary to the commercial purposes pursued by it; and (c) has a product and/or service previously contracted with INVICTA ELECTRIC, S.L. pending payment.
4. Obligations of the user
The user will be obliged to:
Immediately communicate to INVICTA ELECTRIC, S.L. any change that occurs in the data previously provided by you.
The user will be solely responsible for the use of the web portal in accordance with current legislation and with these General Conditions. The user guarantees to be legally qualified to comply with the provisions of these General Conditions.
Accept that INVICTA ELECTRIC, S.L. will not be responsible for losses or damages, including lost profits, that the user had to bear due to failures or falls in the telecommunications structures that are the responsibility of INVICTA ELECTRIC, S.L.
The user declares that he is free of contractual obligations before third parties that may prevent or limit the contracting of products and/or services and be up to date in the payment and declaration of his taxes.
In the event that either party does not fulfil any of its obligations or obstructs the fulfilment by the other party of theirs, the right of the affected party will be generated to terminate the contract and, where appropriate, to claim the corresponding compensation for the damages and damages caused.
The parties will be liable for the infractions that they have incurred on their part, leaving the opposing party harmless against any error, fault or negligence not attributable to it, and for any damage that may arise from said infractions or errors attributable to the other contracting party.
INVICTA ELECTRIC, S.L. will not be responsible in case of lack of availability of the product or impossibility of delivery due to external causes, supervening or force majeure, theft or loss, or error in the order or data provided by the user. However, in such cases, INVICTA ELECTRIC, S.L. will have the obligation to immediately contact the user in order to find the best solution to the specific case, reimbursing the client the amount of the reservation that he/she could have made as soon as possible if such an agreed solution was not reached.
All the products offered are original products and without any known defect, with a guarantee period of two years from the moment the product has been delivered to the customer.
All the products offered are original products and without any known defect, with a guarantee period of two years from the moment the product has been delivered to the customer.In the event that the product sold is considered to be defective, please notify us immediately. INVICTA ELECTRIC, S.L. will indicate the user the procedure for the repair and, where appropriate, price reduction, replacement or return of the product and price, provided that it is within the warranty period. The repair procedures and, where appropriate, replacement, price reduction or return of the product and price, will be free for the consumer and user, provided that the product is under the warranty period.
The consumer and user must inform INVICTA ELECTRIC, S.L. of the lack of conformity of the product within two months of being aware of it.
INVICTA ELECTRIC, S.L. will not be responsible for any delay or breach of its obligations arising from these conditions if said delay or breach is attributable to circumstances beyond our reasonable control.
7. Right of withdrawal
Unless any of the exceptions described below apply, the user may cancel their order without any reason within 14 calendar days from the day the vehicle was delivered, as long as it is a consumer of in accordance with article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for Defence of Consumers and Users and other
For these purposes, the user must inform INVICTA ELECTRIC S.L. in writing of his decision to withdraw from his order before the end of the 14-day withdrawal period and must return it to the place indicated by INVICTA ELECTRIC S.L. to the effect and in perfect condition. The consumer will be responsible for any loss or damage that the product may have suffered during the time it
was in his possession.The consumer must carry out the necessary procedures to modify the administrative ownership and the Movable Property Registry (if applicable) of the product in favor of INVICTA ELECTRIC, S.L. or whoever it designates.
The consumer must carry out the necessary procedures to modify the administrative ownership and the Movable Property Registry (if applicable) of the product in favor of INVICTA ELECTRIC, S.L. or whoever it designates.
INVICTA ELECTRIC, S.L. does not assume responsibility for the
returned vehicle until it is received at the indicated return address.
Exceptions to the right of dismissal:
The right of withdrawal does not apply to those vehicles that have been customised according to the user’s specifications, or when the car has been used beyond mere checking.
INVICTA ELECTRIC, S.L. makes a customer service available to the user, available at the following hours: 09:00 a.m. to 1:30 p.m. and from 4:00 p.m. to 7:00 p.m. from Monday to Friday, in which all queries, complaints and Suggestions raised in relation to the purchase of products and / or services through the Web Portal. Specifically, the contact channels made available to you
are the following:
91 0887979 firstname.lastname@example.org
INVICTA ELECTRIC, S.L. undertakes to respond to requests received in the shortest possible time, and in any case within the legally established deadlines.
8. Personal data
9. Safeguard clause
All the clauses or ends of this contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by a court ruling or final arbitration resolution. The clause or clauses affected will be replaced by another or others that preserve the effects pursued by the contracting conditions of the Web Portal.
All notifications or other communications to be made hereunder must be made in writing (sent by mail, email, etc.) and may be directed to the attention of the contact persons indicated in the
purchase process / acquisition of products or services.
11. Applicable legislation and competent jurisdiction
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.