Terms and conditions

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GENERAL CONTRACT CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website primemarket.es, owned by MK3 Innova Soluciones S.L. hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.

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

The acceptance of this document implies that the USER:

· You've read, you understand and you're agree with this text.

· He is a person with sufficient capacity to contract.

· He assumes all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is MK3 Innova Soluciones S.L., with registered office at Calle Capitulaciones C.C. Eurocentro, Local 7, 29620 Torremolinos (MALAGA) , NIF B93702827 and with contact email info@primemarket.es

And on the other, the USER, who will be 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 relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

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

Hiring procedure

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

In accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contract clauses.

2. Purchase process.

3. Price and validity period of the offer.

4. Form of payment.

5. Shipping and delivery of orders.

6. Product Returns.

7. Warranties.

8. Force majeure.

9. Competition.

10. General information about the offer.

11. Disassociation and suspension or termination of the contract.

12. Applicable Law and Jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply 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. PURCHASE PROCESS

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

In order to process an order, it will be required that the minimum amount of the order is €5 (taxes excluded).

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.

The USER acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product or service in question and that are shown together with the presentation or, where appropriate, an image of it on its page of the Site Web, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and the cost of the services; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Once the order has been processed, the system sends an email to the USER's mail confirming the completion of the order.

3. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service are expressed in Euros (€) and include Value Added Tax (VAT) or other taxes that may be applicable.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.

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

To request a copy of your paper invoice or for any other information about the order, the USER may contact the PROVIDER via email info@primemarket.es

4. METHODS OF PAYMENT

The PROVIDER is responsible for economic transactions and enables the following ways to make the payment of an order:

Credit card

PayPal

Security measures

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

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

The following activities are prohibited under the card brand programs: 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.

5. SHIPPING AND DELIVERY OF ORDERS

Deliveries will only be made within the following territory: Peninsula and Balearic Islands.

The PROVIDER will not send any order until it has verified that the payment has been made.

The delivery time will be between 2 and 5 working days, depending on the destination population and the chosen payment method.

Lack of execution of the distance contract

In case of not being able to execute the contract because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to the PROVIDER.

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

The delivery will be considered made at the moment in which the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document. It is up to the USER to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

6. PRODUCT RETURNS

Right of withdrawal

The USER has a period of fourteen (14) calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.

2. When the product packaging is not the original or is not in perfect condition, the PROVIDER may charge the cost of the packaging. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it being prohibited to avoid replacement costs.

3. When the product is open without being able to prove that it has not been used.

4. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.

5. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.

6. In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.

7. In the supply of products made according to the USER's specifications or clearly personalized.

8. In the supply of products that can deteriorate or expire quickly.

9. The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

10. The supply of goods that after delivery and taking into account their nature have been mixed inseparably with other goods.

11. Contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; on that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations. The withdrawal must apply to such additional services or goods.

To exercise this right of withdrawal, the User must notify the PROVIDER of their decision. You can do it, where appropriate, by email to info@primemarket.es

The User must express clearly and unequivocally that his intention is to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that the PROVIDER makes available as an annex to these Conditions, however, its use is not mandatory.

In the following link you can download the Withdrawal Form Model: Withdrawal Form [SBD1]

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

The PROVIDER will not be responsible for the direct costs and expenses caused to the User for those returns of products in the exercise of the right of withdrawal, for which the User must send the product to the address indicated by the PROVIDER, assuming the expenses that said shipping suppose. The PROVIDER can provide the User, if they so wish, with the product collection service, for which they will be informed of the costs that they may entail and they will be deducted from the amount to be returned. The PROVIDER may withhold the reimbursement until it has received the products or items of the purchase.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order. Therefore, you must contact the PROVIDER as soon as possible, and let them know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed to return the products, and these, once returned, will be examined and the User will be informed if the refund or, where appropriate, the replacement of the same is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 calendar days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights as a consumer recognized in the legislation in force at all times for the User will always be observed.

7. GUARANTEES

The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated 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 accordance 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. Included in the scope of this title are the Contracts for the sale of products and contracts for the supply of products to be produced or manufactured.

2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas, when they are not packaged for sale in a limited volume or determined quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction that consumers and users can attend in person.

Article 116. Conformity of the products with the contract.

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below, unless due to the circumstances of the case any of them is not applicable:

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

b) They are suitable for the uses to which products of the same type are ordinarily destined.

c) They are suitable for any special use required by the consumer and user when they have informed the seller at the time of signing the contract, provided that the latter has admitted that the product is suitable for said use.

d) Present the usual quality and benefits 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, the public statements about the specific characteristics of the products made by the user. seller, the producer or his representative, in particular in advertising or labelling. The seller will not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have known the statement in question, that said statement had been corrected at the time of conclusion of the contract or that said statement could not influence the decision to buy the product.

2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.

3. There will be no liability for lack of conformity that the consumer and user were aware of or could not reasonably have ignored at the time of the conclusion of the contract or that originate in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

The exercise of the actions contemplated by this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.

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

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

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

Article 119. Repair and replacement of the product.

1. If the product does not conform to 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 inform the seller of the chosen option, both parties must abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.

2. The form of sanitation that, compared to the other, imposes unreasonable costs on the seller, 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 sanitation could be carried out without major inconveniences for the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of relief must also be significantly higher than the costs for the other form of relief.

Article 120. Legal regime for the repair or replacement of the product.

Repair and replacement will conform to the following rules:

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

b) They must be carried out within a reasonable period of time and without major inconveniences for 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 terms referred to in article 123. The period of suspension will begin from the moment the consumer and user makes the product available to the seller and will end with the delivery to the consumer and user of the product already repaired. During the six months after the delivery of the repaired product, the seller will be liable for the lack of conformity that gave rise to the repair, assuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

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

e) The substitution suspends the terms referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. Article 123.1, second paragraph, shall apply to the substitute product, in any case.

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

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

Article 121. Price reduction and termination of the contract

The price reduction and the resolution of the contract will proceed, at the consumer's and user's choice, when the latter cannot demand the repair or replacement and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the user. consumer and user. The resolution will not proceed when the lack of conformity is of little importance.

NOTE according to art. 108.2: The USER is informed that he will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or operation. In no case will he be responsible for the decrease in value of the goods if the employer 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 will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.

Article 123. Deadlines.

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

Unless there is proof to the contrary, it will be presumed that the lack of conformity that manifests itself in the six months after the delivery of the product, whether it is new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the non-conformity.

2. Unless proven otherwise, the delivery is understood to be made on the day that appears on the invoice or purchase ticket, or on the corresponding delivery note if it is later.

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

In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery stating the date of delivery and, where appropriate, the repair carried out.

4. The action to claim compliance with the provisions of chapter II of this title will prescribe three years from the delivery of the product.

5. The consumer and user must inform the seller of the lack of conformity within a period of two months from when he became aware of it. Failure to comply with said term will not imply the loss of the right to the corresponding sanitation, the consumer and user being responsible, however, for the damages or losses actually caused by the communication delay.

Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.

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 due to the lack of conformity of the products with the contract, they can claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and notwithstanding that the responsibility of the producer will cease, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will 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 regulations that regulate them.

Whoever has responded to the consumer and user will have a period of one year to repeat it against the person responsible for the lack of conformity. Said term is computed from the moment in which the reorganization was completed.

8. FORCE MAJEURE

The parties will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

9. COMPETITION

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

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

10. 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 what is stipulated here will have effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Unless expressly stated otherwise, the PROVIDER is not the manufacturer of the products sold or that may be marketed on the Website. Although the PROVIDER makes great efforts to ensure that the information displayed is correct, sometimes the packaging, materials and components of the products may contain additional or different information from that which appears on the Website. Therefore, the USER must not only consider the information provided by the Website, but also the information available on the labeling, warnings and instructions that accompany the product.

11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any 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, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policy.

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

12. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.