GENERAL TERMS AND CONDITIONS OF SALE
AIMS AND GENERAL POINTS
The following General Conditions of Use, Conditions of Sale and Private Policy regulate the use of the website www.roptic.com (hereinafter “the website”), of which ROCTAR INNOVACION EDUCATIVA S.L.U. (hereinafter THE COMPANY), with tax number B88303003 and fiscal address at Calle Cifuentes 5, Post Code 28021, Madrid, Spain, is the owner.
Through their website www.roptic.com, THE COMPANY provides information about its products and offers the possibility of their purchase. Due to the content and purpose of the website, the people who wish to benefit from its services must have the status of “Client”, which is obtained by completing the registration form and following the steps that THE COMPANY subsequently communicates by email. The status of “Client” signifies adhesion to the version of the Conditions of Use at the time the website is accessed.
In any case, there are pages of the website which are accessible to physical or legal entities that do not lead to registering or initiating the purchase of a product (hereinafter “Users”). In this case, the Users that access these parts of the website accept to be bound by the terms and conditions set out in these General Conditions insofar as they may be applicable.
CONTACT: For any type of question, query or advice, you may send your comments by email to: firstname.lastname@example.org
The descriptions of the products shown on the website are written based on the information provided by the suppliers. However, the information given about each product, as well as photographs or videos related to them and the commercial names, brands or distinctive signs of any kind contained on the website of THE COMPANY, is presented on www.roptic.com for illustrative purposes.
All the prices of the products which are indicated by the website only include Spanish VAT (other taxes or duties that may be applicable are not included and will be the responsibility of the Client).
However, these prices do not include the corresponding costs of the shipping of the products which are detailed separately and must be accepted by the Client.
THE COMPANY informs the Client that the number of units available is kept up to date with the supplies in the warehouse and the availability from our suppliers. In no case will THE COMPANY intentionally put more units for sale than it has or the suppliers have reserved for it. The availability of the products on offer is limited to the units marked and is shared on all the sales platforms that THE COMPANY operates on, physical as well as digital, thus being able to sell out of units on another sales platform before reflecting this in the indicated availability on the website.
THE COMPANY will do everything possible to please all of its Clients in the demand for products. However, on occasion and due to causes which are difficult for THE COMPANY to control such as human error or incidents in the IT systems, it is possible that the quantity available will differ from that which is indicated on the website.
In the event that the product is not available after having made the order, the Client will be informed by email of its total or partial cancellation. The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If as a result of this cancellation the Client wishes to return the delivered product, they must follow the procedure stipulated in the Returns section.
The Client promises to pay at the time the order is placed. The corresponding tariffs of relevant shipping costs will be added to the initial price that appears on the website for each one of the products offered. In any case, said tariffs will be previously communicated to the Client before the order itself is finalised.
The receipt or proof of purchase that corresponds to the order will be available and will be able to be seen at www.roptic.com in the section “My account”, “Orders”.
The Client should pay the amount that corresponds to their order through credit or debit card payment (Visa, Mastercard, Visa Electron and/or other similar cards), transfer or deposit into the account in the Banesto office. The card with which the payment is made must have a Spanish bank or savings bank as its issuing financial institution. The card payment is completed through BidoBido with their security protocols.
The Client must notify THE COMPANY of any undue or fraudulent charge to the card used for the purchases through email or phone in the shortest possible time so that THE COMPANY can carry out the appropriate procedures.
THE COMPANY has the highest commercial methods of security available in the sector. In addition, the payment process works under a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted in code using algorithms of 128 bits which ensures that it is only intelligible to the Client’s computer and that of the website. In the way, using the SSL protocol ensures:
That the Client is communicating their information to the central server of THE COMPANY and not to any other that may try to impersonate it.
That between the Client and the central server of THE COMPANY the information is transmitted in code, avoiding the possibility of it being read or manipulated by third parties.
Verisign, the most important company in the world for the issuing of SSL certificates, guarantees the coding of the information in BidoBido.
COMPLETION OF ORDERS
Once the order is completed, that is, with the acceptance of the Conditions of Use and the confirmation of the purchasing process, THE COMPANY will always send an email to the Client confirming the details of the completed order.
CANCELLATION OF ORDERS
THE COMPANY will accept cancellations of order when they are requested before the shipping of the order. To make a cancellation you must request it through the “Customer Service” form or by sending an email to email@example.com.
TIMESCALES, PLACE OF DELIVERY AND LOSSES
I. Shipping of products
THE COMPANY commits to deliver the product in perfect condition to the address indicated by the Client on the order form, which in any case must be within the Territory. In order to optimise delivery, we ask that the Client indicates an address to which the order can be delivered within normal working hours.
THE COMPANY will not be responsible for errors caused in delivery when the delivery address provided by the Client on the order form does not correspond to reality or has been omitted.
THE COMPANY informs the Client that it is possible that one order may be divided into several shipments.
II. Timescales of Delivery
Deliveries are made through a courier service. The order placed will be delivered in a maximum time of 10 working days from when we make the confirmation of the order, although the usual time of delivery generally ranges from 3 to 6 days, from the finalisation of the order.
These timings are averages, and therefore are an estimation. It is therefore possible that they will vary for logistical reasons or due to a force majeure. In the case of delays in delivery THE COMPANY will inform their clients as soon as they know of them.
Each delivery is considered completed from the moment in which the courier company places the product in the care of the Client, which will be shown through the control system used by the shipping company.
In the case of delays in the delivery of orders attributable to THE COMPANY, the Client will be able to cancel their order in accordance with the procedure described in section “11. Returns”. Delays in delivery will not be considered in cases in which the order has been made available to the Client by the delivery company within the agreed period but could not be delivered due to reason attributable to the Client.
Shipping costs can be consulted in the shipping section of our website.
Once the order has left our warehouse, you will be sent an email notifying you that the order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any orders to PO boxes or military bases, nor will it accept any order when it is not possible to identify the destination of it and its address.
III. Shipping Information, Deliveries Not Made and Losses
If at the time of delivery the Client is absent, the delivery driver will leave a delivery note indicating how to arrange a new delivery. THE COMPANY employs, as part of the delivery service of the courier, the fulfilment of a series of tracking actions, aimed to guarantee that the delivery is completed.
If after 7 working days after the dispatch of the order the delivery has not been completed, the Client must contact THE COMPANY. In the case that the Client does not proceed in this way, after 10 working days after the dispatch of the order it will be returned to our warehouses and the Client will be responsible for the shipping costs and those for the return of the merchandise, as well as possible associated handling costs.
If the reason for which the order was not fulfilled is the loss of the package, our delivery company will begin an investigation. In these cases, the response time of our delivery companies usually ranges from one to three weeks.
IV. Diligence of delivery
The Client must check the good condition of the package before the delivery driver that delivers the requested product on behalf of THE COMPANY, indicating on the delivery note any anomaly that they may detect on the packaging. If, subsequently, once the product has been reviewed the Client detects any issue such as dents, breakage, indications of having been opened or any other imperfection caused by shipping, the Client must communicate it to THE COMPANY via email as soon as possible within the 24 hours following the delivery. From this point onwards incidents of this type will not be dealt with (except for parts under warranty).
I. Returns procedure
All products bought from THE COMPANY can be returns and refunded, as long as the Client communicates their intention to return the products(s) to THE COMPANY within a maximum of 14 working days counting from the date or delivery and that they fulfill the rest of the conditions established in this section.
THE COMPANY will only accept returns that meet the following requirements:
The product must be in the same state in which it was sent and the original packaging and labels must be kept.
The delivery must use the same box that it was received in to protect the product. In the case that it cannot be returned in the same box as it was sent in, the Client must return it in a protective box so that the product returns to the warehouse of THE COMPANY with the maximum possible guarantees.
A copy of the delivery slip must be included within the package of the returned products and reasons for return must also be noted.
In order to facilitate the returns procedure for the Clients and to allow the tracking of the process, THE COMPANY establishes the only returns procedure as that set out by THE COMPANY. If the reason for return is attributable to THE COMPANY (the product is defective, it is not what was ordered etc.), the cost of return will be reimbursed. If the reason for return is another (the products work correctly but are not to your liking), the cost of the return fees will be the responsibility of the Client.
To process a return, the following steps must be followed:
Within 14 working days of your receipt of the product, inform the company that you wish to return the product. The information can be sent via email to firstname.lastname@example.org or through the customer service form.
THE COMPANY will inform the Client of the address to which the product should be sent.
The Client must send it through a courier service of their choice. The return must be paid for by the client.
Inform the company of the courier company used, as well as the date and time of the return.
II. Refunds to the Client
The return of the products will give rise to a refund equal to the cost of the returned products minus the cost of the return service.
Only in the case of the delivered product being defective or incorrect, THE COMPANY will also refund the corresponding shipping costs to the Client.
Partial returns and cancellations will give rise to partial refunds.
THE COMPANY will handle the order of the return under the same system that is used for the payment within a period of 3 days from the confirmation of the returned order’s arrival at the warehouse. The application of the return in the account or card of the Client will depend on the card and the issuing body. The period of application will be up to 7 days for debit cards and up to 30 days for credit cards.
WARRANTY OF BOUGHT PRODUCTS
THE COMPANY acts as a distributor for manufacturers that guarantee that the products displayed for sale on www.roptic.com work correctly and do not have defects, or hidden issues that could make them dangerous or inadequate for normal use.
The contractual guarantee offered is that which is normally given by the manufacturer. Once the Client has received the product, it will have instructions by the manufacturer in its box which will allow for the correct use and installation of the product and will contain all the information about the guarantee. No Client may request a guarantee that is extended further than indicated here.
THE COMPANY will not be obliged to pick up the broken product and the Client will get in touch with the after-sales service of the manufacturer. In this case, THE COMPANY will carry out the actions aimed at providing Clients who request it with the contact details of said service and will provide them with enough information for the presentation of pertinent claims.
The warranty will lose its validity in cases of defects or deterioration caused by external factors, accidents, in particular electronic accidents, wear and tear, or installation and use that does not match the manufacturer’s instructions.
Products that have been modified or repaired by the Client or any other person not authorised by the manufacturer remain excluded from the warranty. The warranty will not be applicable to apparent defects and defects in the conformity of the product, for which any claim must be made by the Client in question in the 7 days following the delivery of the products. The warranty does not cover products damaged by improper use.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all the rights to the content, design and source code of this website and, in particular, with an illustrative but not limited nature, to the photos, images, text, logos, designs, brands, commercial names and information that are included in the website.
Clients and Users are advised that such rights are protected under the current Spanish and international legislation relating to intellectual and industrial property.
Additionally, and without prejudice to the previously stated, the content of this website is also considered a computer program and therefore, all current Spanish and European community regulations on the matter are applicable.
The total or partial reproduction of this website is expressly prohibited, as well as that of any of its contents without the express written permission of THE COMPANY.
Additionally, the copy, reproduction, adaptation, modification, distribution, commercialisation, public communication and/or any other action that involves an infraction of the current Spanish and/or international regulations regarding intellectual and/or industrial property is completely forbidden, as well as the use of the contents of the website if it is not with prior written express authorisation from THE COMPANY.
THE COMPANY notes that it does not grant any implicit licence or authorisation on the intellectual and/or industrial property rights or over any other right or related property, directly or indirectly, with the content included in the website.
The use of the contents of the website is only authorised for informational and service purposes, as long as it is cited or reference is made to the source, the user being solely responsible for their misuse.
ACCESS AND USE OF THE WEBSITE. OUR CONTENT
Clients and Users are entirely responsible for their conduct upon accessing the information on the website and while using it, as well as after having accessed it.
Consequently, Clients and Users are solely responsible to THE COMPANY and third parties for:
The consequences that may arise from a use for illegal purposes or effects contrary to this document, of any content of the website, prepared or not by THE COMPANY, published or not under its name officially.
As well as the consequences that may arise from use of the content contrary to this document and that is harmful to the interests or rights of third parties, or that could in any way harm, make unusable or deteriorate the website or its services, or impede the normal use for other Users.
THE COMPANY reserves the right to update the content when it sees fit, as well as to remove it, limit it or impede access to it, in a temporary or permanent manner, as well as to deny access to the website to Clients or Users who make improper use of its content and/or break any of the conditions that appear in this document.
THE COMPANY informs that it does not guarantee:
That access to the website and/or linked websites will be uninterrupted or free of error.
That the content or software which the Clients and Users access through the website or the linked websites does not contain any error, computer virus or other elements in their content which may produce changes in your system or in the electronic documents or files stored in your computer system or cause any type of damage.
The use of the information or content of this website or linked websites that Clients and Users may make for their personal purposes.
The information contained on this website must be considered by Clients and Users as informational and guiding, both in relation to its purpose and its effects, which is why:
THE COMPANY does not guarantee the accuracy of the information contained in this website and as a result does not assume any responsibility for possible damages or inconveniences to the User that may result from any inaccuracies present on the website.
THE COMPANY does not assume any responsibility that comes from, for example but not limited to:
The use the Clients or Users may make of the materials on this website or linked websites, be they prohibited or permitted, in violation of the intellectual and/or industrial property rights of the content of the website or third parties.
The possible harm and damage to Clients or Users caused by normal or abnormal operation of the search tools, the organisation or location of content and/or access to the website and, in general, the errors or problems that may arise in the development or instrumentation of the technical elements that the website or a program provides to the User.
The contents of those pages which the Clients or Users can access through links included in the website, whether they are authorised or not.
The actions or omissions of third parties, with the exception of those third parties which are linked to THE COMPANY in a contractual manner.
Access to the content of the website by those who are underage, this being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care, or to install any tools to control the use of the Internet with the aim of avoiding (i) access to materials or content that it not suitable for minors, as well as (ii) the sending of personal information without prior authorisation from their parents or guardians.
The communications or dialogs in the course of debates, forums, chats and virtual communities that may be organised through or around the website and/or linked websites, nor will it respond therefore, to any possible harm and damage that Clients or Users may suffer individually and/or collectively as a consequence of said communications and/or dialogs.
THE COMPANY will not be responsible in any case for:
Errors or delays in the access to the website by the Client when entering their information in the order form, the slowness or impossibility of the receipt of the order confirmation by the recipient or any anomaly that may arise when these incidents are due to problems with the Internet, accidental cases, or a force majeure, and any other unforeseeable eventuality beyond the good faith of THE COMPANY.
Mistakes or incidents that may arise in communications, deleted or incomplete transmissions, as it is not guaranteed that the services of the website will be constantly operating.
Errors of harm produced on the website by a use of the website that is inefficient and in bad faith on the part of the Client.
The non-functionality or problems in the email address provided by the Client for the sending of the order confirmation.
In any case, THE COMPANY promises to solve the problems that can arise and to offer all the support necessary to the Client to reach a quick and satisfactory solution to the issue.
Additionally, THE COMPANY has the right to launch promotional campaigns during defined time periods to promote the registration of new members to their service. THE COMPANY reserves the right to change the conditions of application of the promotions, extend them with due communication, or proceed to exclude any of the promotions participants in the case of detecting any anomaly, abuse or unethical behaviour in the participation of them.
Clients and Users promise to use the Website and use the content in good faith.
In accordance with what is established in the Organic Law 15/1999 on the Protection of Personal Data, we inform you that the completion of any form existing on the website www.roptic.com or the sending of an email to any of our inboxes implies the acceptance of this private policy, as well as authorisation for THE COMPANY to process personal information provided to it, which will be added to the file, owned by THE COMPANY, registered in the General Registry of the Spanish Agency for the Protection of Data.
Client’s information will be used to send the sales made by THE COMPANY via email and for the delivery of purchases.
By only visiting the website, Users do not provide any personal information nor are they obligated to provide it.
THE COMPANY undertakes to keep the maximum reserve and confidentiality of the information that is provided to it and to use it only for the indicated purposes.
THE COMPANY presumes that the information has been entered by its owner or by a person authorised by them, as well as that the information is correct and accurate.
It is up to the Clients to update their own information. At any time, the Client has the right to access, rectify, cancel and oppose all of their personal data included in the various forms above. To modify or update personal information the Client must access www.tuverano.com, the section entitled “My Account”. To cancel an account, write an email from the email of your account to email@example.com with the subject “Cancel Account”.
The Client is therefore responsible for the truthfulness of the information and THE COMPANY will not be responsible for the inaccuracy of the personal information of the Client. Conforming to the current legislation on the matter of data protection, THE COMPANY has adopted adequate levels of security for the data provided by Clients and, additionally, has installed all the means and methods at their disposal to avoid the loss, misuse, alteration, unauthorised access and removal of it.
In the case that any clause of these Conditions of Use may be declared null, the rest of the clauses will continue to be valid and will be interpreted keeping in mind the wishes of the parties and the purpose of these Conditions of Use.
THE COMPANY may not exercise any of the rights and obligations conferred in this document which will not imply in any case the renunciation of them unless expressly recognised by THE COMPANY or prescription of the accion that corresponds to each case.
MODIFICATION OF THE CONDITIONS OF USE
THE COMPANY reserves the right to modify, at any time, the presentation or set up of the website, as well as these General Conditions. Therefore, THE COMPANY recommends the Client to read them carefully each time that they access the website.
Clients and Users will always have these Conditions of Use available to them in a visible place that is freely accessible for as many consultations as they wish. In any case, the acceptance of the Conditions of Use will be a prior and essential step in the acquisition of any product available through the website.
APPLICABLE LAW AND ARBITRATION
These Conditions of Use are governed by the Spanish legislation applicable to the matter. To resolve any controversy or conflict that comes from these Conditions of Use, the parties will be subject to the courts of the city of Madrid, Spain, except when the law imposes another jurisdiction.