General Terms and Conditions
General Terms and Conditions
This contractual document will govern the General Conditions of contracting products or services (hereinafter, "Conditions") through www.autocenter-mallorca.com, property of Autocenter Mallorca Meisterbetrieb SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER to reproduce them and keep 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, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
Has read, understands and comprehends what is set forth herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER reserves the right to unilaterally modify the conditions, without affecting the services or promotions that were purchased prior to the modification.
Identity of the contracting parties.
PROVIDER of service:
Autocenter Mallorca Meisterbetrieb SL, with registered office at Calle Son Bugadellas, 4 07180 Poligono Ind Son Bugadellas, NIF B57251654 and with customer service/USER telephone number 644 007 339.
USER: buyer of the products published in the www.autocenter-mallorca.com.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, over which he/she will have full responsibility for use and custody, and will be responsible for the veracity of the personal data provided to the PROVIDER, undertaking to make diligent use of the same and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Claims and online dispute resolution.
3. Force majeure.
5. Generalities of the offer.
6. Price and period of validity of the bid.
7. Method of payment, expenses and discounts.
8. Dissociation and suspension or termination of the contract.
10. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal terms and 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. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: Autocenter Mallorca Meisterbetrieb SL, Calle Son Bugadellas, 4 07180 Poligono Ind Son Bugadellas.
Telephone: 644 007 339
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
3. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the force majeure event has ceased.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any provision of these conditions be considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
5. GENERALITIES OF THE OFFER
All sales and deliveries made by the SUPPLIER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Autocenter Mallorca Meisterbetrieb SL or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
6. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product/service include Value Added Tax (VAT) or other taxes that may be applicable.
The prices applicable to each service are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Any payment made to the SUPPLIER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product. If the USER wishes to receive the invoice by e-mail, he/she must request it by any of the means that the PROVIDER makes available to him/her, informing him/her that he/she may revoke such decision at any time.
For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 644 007 339 or via e-mail to the address firstname.lastname@example.org.
7. PAYMENT METHODS, CHARGES AND DISCOUNTS
Each PROVIDER is responsible for the economic transactions and enables each one its own payment methods.
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the purpose of preventing unauthorized 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 or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.
The following activities are prohibited under the card brands' programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
8. SEVERABILITY AND SUSPENSION OR RESCISSION OF THE CONTRACT.
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the contract when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
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 that may be available to the PROVIDER.
The user has the right to request the cancellation of the service request up to 24 hours before the requested time. This can be done by sending a request to email@example.com
You can request a refund of the amount paid, or use it for your next service request.
10. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services object of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.