Introduction
This contractual document shall govern the General Terms and Conditions for the contracting of products (hereinafter, the “Conditions”) through the website grvpower.com, owned by GRV POWER PRODUCTS SL, hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published on the website and available to the USER so that they may reproduce and save them as confirmation of the contract. They may be modified at any time by GRV POWER PRODUCTS SL. It is the USER’s responsibility to read them periodically, as the Conditions in force at the time of placing orders shall apply. GRV POWER PRODUCTS SL shall archive the electronic document in which the purchase is formalised and shall make it available to the USER upon request.
Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
• Has read, understands and comprehends what is set out herein.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations set out herein.
These Conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it ships the products, and reserves the right to unilaterally modify the Conditions, without this affecting goods or promotions acquired prior to such modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is GRV POWER PRODUCTS SL, with registered office at Camí de la Bòbila,, s/n 17771 Santa Llogaia d’Àlguema (Girona), Tax ID No. B55005706 and customer service telephone number 972673836.
On the other hand, the USER, registered on the website by means of a username and password, for which they are fully responsible in terms of use and custody, and who is responsible for the truthfulness of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale and purchase arising between the PROVIDER and the USER when the latter accepts the corresponding checkbox during the online contracting process.
The contractual sale and purchase relationship entails the delivery, in exchange for a determined price publicly displayed 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, they may notify this by email to info@grvpower.com so that GRV POWER PRODUCTS SL may correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested, which shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorised third party, so that the PROVIDER may proceed with their immediate blocking.
Once the user account has been created, it is reported that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:
1. General contracting clauses.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure6. Competence.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs. 10. Payment methods, charges and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
• Credit or debit card.
• PayPal.
• Deferred payment or financing through SeQura, subject to approval by the collaborating financial institution and to the specific conditions applicable at any given time.
1. Verification of billing details.
2. Verification of the shipping address.
3. Selection of the payment method.
4. Placing the order (purchase).
The guarantee shall not cover damage caused by improper, negligent or incorrect use or use contrary to the manufacturer’s instructions, nor damage arising from normal wear and tear of the product or from handling, repairs or modifications carried out by unauthorised third parties.
To manage any incident related to the guarantee, the USER may contact the PROVIDER through the contact methods indicated in these General Terms and Conditions of Contracting.
14. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. Any dispute arising from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation or the place where the asset is located if it is immovable property.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure6. Competence.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs. 10. Payment methods, charges and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise specifically agreed in writing, placing an order with the PROVIDER shall imply acceptance by the USER of these legal Conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has 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 shall be made through transport companies selected by the PROVIDER according to the destination, weight, volume and characteristics of the goods, and national or international specialised logistics operators may be used for this purpose.
Shipment shall take place once availability of the goods has been confirmed and payment of the order has been verified.
Delivery times shall be those indicated on the website for each geographical area and shall begin to run once payment and product availability have been confirmed.
By way of guidance, deliveries in mainland Spain are usually made within 24 to 72 working hours, although this may vary depending on the destination, stock availability, logistical incidents or circumstances beyond the PROVIDER’s control.
Shipments to the Canary Islands, Ceuta and Melilla shall be subject to specific transport conditions, additional costs, customs procedures and particular delivery times, and therefore the USER must consult the PROVIDER beforehand before formalising the order.
When delivery cannot be made for reasons attributable to the USER (repeated absence, incorrect address, unjustified refusal of the goods or lack of response to delivery attempts), the additional costs arising from new delivery attempts, returns or storage charged by the transport company may be passed on to the USER, subject to documentary justification of such costs.
Failure to perform the distance contract
If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER shall be informed of the lack of availability and of their right to cancel the order and receive a refund of the full amount paid at no cost, without this giving rise to any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim payment of twice the amount owed, without prejudice to their right to compensation for damages suffered in excess of that amount.
The PROVIDER shall not assume any liability when delivery of the product or service cannot be completed because the data provided by the USER are false, inaccurate or incomplete.
Delivery shall be deemed to have taken place when the carrier has made the products available to the USER and the USER, or their representative, 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 statement, require the PROVIDER to remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases, the USER may also claim compensation for damages, where applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER has fulfilled the obligations established in this contract.
The USER must check the condition of the goods at the time of delivery. If visible damage to the packaging or product is detected, this must be recorded on the carrier’s delivery document and the incident must be reported to the PROVIDER within a maximum period of twenty-four (24) hours from receipt of the goods, providing, where possible, photographs or other evidence proving the damage suffered during transport.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a service provision, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising it shall expire twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, which are listed here.
Any return must be notified in advance to the PROVIDER within the legal withdrawal period, requesting a return number through the form provided for this purpose or by email to info@grvpower.com, indicating the corresponding order or invoice number and attaching a copy of the purchase invoice.
For the return to be accepted, the product must be returned in perfect condition, unused, clean and free from damage, including all manuals, tools, keys, remote controls, accessories and other items originally supplied with the product, as well as its original packaging, properly closed and protected for transport.
If the product shows damage, signs of use other than those necessary to verify its nature, characteristics or functioning, missing accessories, manuals or items originally supplied, or is not returned in suitable conditions for resale, the PROVIDER may apply the corresponding depreciation of the product’s value, which shall be deducted from the amount to be refunded, following assessment and notification to the USER.
Once the return number has been received, the USER must send the product to the PROVIDER, indicating said return number in the shipment. The direct costs of return shall be borne by the USER, unless the return is due to a lack of conformity of the product or unless otherwise provided by law. The return must be sent to the address communicated by the PROVIDER when authorising the return.
The PROVIDER shall refund the USER all amounts received, including, where applicable, ordinary delivery costs, without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which it was informed of the decision to withdraw from the contract. However, the PROVIDER may withhold the refund until it has received the returned goods or until the USER has provided proof of their return, whichever condition is met first. The refund shall be made using the same payment method used by the USER for the initial transaction, unless the USER has expressly provided otherwise.
4. COMPLAINTS
Any complaint that the USER considers appropriate shall be dealt with as soon as possible and may be submitted through the following contact details:
Postal address: GRV POWER PRODUCTS SL, Camí de la Bòbila,, s/n 17771 Santa Llogaia d’Àlguema (Girona)
Telephone: 972673836
Email: info@grvpower.com
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Fulfilment of the obligation shall be delayed until the force majeure event ceases.
6. COMPETENCE
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these Conditions is deemed null or impossible to comply with, the validity, legality and compliance of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, know and accept these Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of GRV POWER PRODUCTS SL or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case such particular agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling or any other additional services related to the purchased product.
The prices applicable to each product are those published on the website and shall be expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making the purchase, the USER may check online all the details of the quote: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once the order has been placed, prices shall be maintained whether or not the products are available.
Any payment made to the PROVIDER shall result in the issuance of an invoice in the name of the registered USER or the legal entity specified by the USER at the time of placing the order. This invoice shall be sent in PDF format via email and/or made available through the website management panel accessible with the user account.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 972673836 or email address info@grvpower.com.
9. TRANSPORT COSTS
The prices published in the store do not include shipping or communication costs, installation or unloading costs, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs shall be calculated when saving the basket or quote, as they are calculated according to the weight of the products and the delivery address.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER makes the following payment methods available to the USER, which may vary depending on the amount of the order, destination or the conditions established by payment service providers:
• PayPal.
• Deferred payment or financing through SeQura, subject to approval by the collaborating financial institution and to the specific conditions applicable at any given time.
Deferred payment through SeQura
The USER may choose, where available, deferred or financed payment through SeQura. The granting of financing shall be subject to approval by the collaborating financial institution and to the particular conditions established by it.
The contracting of financing constitutes an independent legal relationship between the USER and the financial institution, the latter being responsible for the assessment, approval, management and collection of the corresponding instalments.
In the event of product return or termination of the sale and purchase contract, the PROVIDER shall, once the return has been verified and accepted, notify the financial institution of this circumstance so that it may manage the cancellation or adjustment of the financing in accordance with its contractual conditions.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised 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 credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under card brand programmes, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product from our catalogue may be added to the basket. In the basket, only the items, quantity, price and total amount shall be shown. Once the basket has been saved, taxes, charges and discounts shall be calculated according to the payment and shipping details entered.
Baskets have no administrative binding effect; they are merely a section where a quote may be simulated without any commitment by either party.
From the basket, an order may be placed by following these steps for its correct formalisation:
1. Verification of billing details.
2. Verification of the shipping address.
3. Selection of the payment method.
4. Placing the order (purchase).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order.
Orders (purchase requests)
Prior to confirmation of the order, information shall be provided regarding the status of the order and the approximate shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed illegal, null or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or with any legal provision, licence, regulation, directive, code of practice or policy applicable to them.
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 available to the PROVIDER.
13. GUARANTEES AND RETURNS
All products marketed by the PROVIDER have the legal guarantees provided for in Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users.
The PROVIDER shall be liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within the legally established period.
When the product does not conform to the contract, the USER may choose between requiring repair or replacement of the product, unless one of these options is impossible or disproportionate. Where repair or replacement is not possible, is not carried out within a reasonable period or causes significant inconvenience to the consumer, the consumer may request a proportional price reduction or termination of the contract under the terms provided by the applicable regulations.
The guarantee shall not cover damage caused by improper, negligent or incorrect use or use contrary to the manufacturer’s instructions, nor damage arising from normal wear and tear of the product or from handling, repairs or modifications carried out by unauthorised third parties.
To manage any incident related to the guarantee, the USER may contact the PROVIDER through the contact methods indicated in these General Terms and Conditions of Contracting.
14. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. Any dispute arising from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation or the place where the asset is located if it is immovable property.