1 – INTRODUCTION
The present document contains the General Terms and Conditions of Contract that regulate the relationship between WAISENSE and The Client, it is understood that the acceptance of the same means that they have been read and understood by The Client, granting his will of contracting and binding himself to what is expressed in the content of the present document. The terms and conditions set out below – “the Conditions”- shall apply to all purchases, reservations and rentals made through this website.
These Conditions shall regulate the contractual relationship between The Client and Métrica6 Ingeniería y Desarrollos S.L., hereinafter “WAISENSE” or “The Company”, commercial company with registered office at Parque Tecnológico de Andalucía, Avenida Juan López Peñalver 17, ground floor, wing B, office 3 right, CP: 29590, Málaga, Spain, registered in the Mercantile Registry of Málaga, under the number 4.523 of the protocol order, volume 5198, folio 102, sheet number MA-120322, 1st inscription and C.I.F. B93288207.
2 – RIGHT OF EXCLUSION ON PURCHASE
The Client may only purchase products that are available for sale and whose details appear in the WAISENSE Online Shop; with delivery in Spain. WAISENSE reserves the right to refuse any order at its sole discretion if it does not meet the conditions described herein or in the case of error or omission of the information published for a particular product or sales process.
Details of the products available for purchase (including their corresponding price) are specified in the WAISENSE Online Shop. The Company will take all necessary steps within its power to ensure that all details, descriptions and prices of products appearing on the Online Store are correct when they are published. While WAISENSE will use its best endeavours to keep the Online Store as up to date as possible, the information specified at any given time may not always reflect the exact situation when The Client places an order or makes a request for a reservation or quotation.
WAISENSE may refuse, at its sole discretion, to process the order, or not be able to proceed with such processing, in the following cases, without limitation:
– When the product requested by The Client has ceased to be manufactured or is no longer available.
– When The Client’s credit or debit card provider does not authorise payment of the purchase price.
– When The Client does not meet the ordering criteria specified at the beginning of this section.
3 – DESCRIPTION OF THE PURCHASE PROCESS
Once The Client has selected the products he/she wishes to purchase, these products will be placed in the shopping basket or “Cart”.
At the end of the checkout process, you will click on the “View Cart” button to access the order summary page where you can identify and correct possible selection errors, increase or decrease the number of units of an added product, see the full price including shipping costs (once you have selected your province, except in cases with “Free Shipping”) and applicable taxes. Within this summary of the order, there is the option to finalise the purchase or to continue shopping and look at other products other than those added so far in the Cart. The content of the Cart is saved as a cookie (See Cookies Policy) in the internet browser of The Client. The content is automatically deleted when The Client completes the purchase or when he/she clears the cookie registry of the browser with which he/she started the purchase process. At the end of the order summary page or “Cart”, The Client may click on the “Checkout” option.
On the “Checkout” page, the customer may provide their billing and shipping information (if different), as well as select the payment method in order to place an order after expressly accepting these terms and conditions.
WAISENSE will send an e-mail confirming receipt of the order.
WAISENSE will send a second e-mail accepting the order and confirming that the products requested by The Client will be shipped (“Shipping Confirmation”) as soon as The Company receives the payment for the totality of the order placed. This process may take several days, depending on the method of payment selected by The Client. The estimated shipping date may vary between the confirmation of receipt of your order (first e-mail), the acceptance of the order (second e-mail) and the date of receipt of the remaining payment, for different reasons. In any case, the company will inform The Client at all times of the estimated delivery times.
The Client and WAISENSE shall have concluded a contract of sale for the products ordered by the Client once we have sent the Dispatch Confirmation e-mail and in any case, however, upon receipt of the said products.
The contract of sale is concluded in English.
The present text of the purchase contract (“Terms and Conditions of Sale”) will be included in a link in the Dispatch Confirmation e-mail taking your customer details as the Party accepting the said contract.
4 – TERMS OF PAYMENT:
WAISENSE offers The Client the following alternatives to make the payment of the order:
– By debit or credit card: Payment by credit card is totally secure. The entire transaction is encrypted through a bank validation server using the SSL (Secure Socket Layer) encryption protocol, so that the Client’s credit card number and expiry date are instantly encrypted on his computer before being sent to the SSL protocol. No one will be able to use the data without The Client’s authorisation, as the information is unreadable. For greater security, this data is not stored on The Company’s server, so The Client must communicate all the information to the Company with each new order. If the credit card is not authorised, the order will not be processed.
– By PayPal: Payment by PayPal is similar to the process of payment by credit or debit card. The PayPal operator will guide you through the steps to validate your purchase.
– By Bank Transfer: In the case of Bank Transfer, WAISENSE will indicate to The Client in the order confirmation email the IBAN code of the account number to which the transfer should be made. The Client has 10 working days to make the transfer. Once this time has elapsed without The Company receiving payment for the order, the order will be automatically cancelled. The order will not be confirmed until receipt of the payment on account.
– Klarna: The operator (Klarna) will be responsible for the management of the payment. See conditions.
– Other platforms: WAISENSE reserves the right to add new entities or third party payment platforms in which case their own conditions will apply.
5 – ORDER DELIVERY CONDITIONS
The delivery conditions may vary for each order placed, depending on the type of product, the quantity ordered, the delivery area in the Spanish territory, the acquisition model (purchase or rental), as well as force majeure.
Deliveries to the Balearic Islands, Canary Islands, Ceuta and Melilla are an exception and may have special purchase and delivery conditions, which are explained in the order confirmation e-mail.
In any case, the order confirmation e-mail will establish approximate delivery times.
– Delivery times vary between 24-72 hours.
– Delivery times will depend on the availability of each product. In case of low availability of any of the products included in the order, which prevent its availability within 72 hours after the completion of the purchase process, WAISENSE will inform the customer of the specific conditions in the order confirmation email. For orders that include several items, a single shipment will be made and the delivery time will correspond to the item with the longest delivery time.
– The Client will have 72 hours to check the integrity of all the components of the order and to check that everything that should be included in the products included is included. After these 72 hours, the shipment will be considered accepted and no claims will be accepted for defects or faults with the shipment.
– An order will be considered delivered when the delivery receipt is signed by the Client. It is within the next 72 hours that The Client must check the products upon receipt and raise any objections that may exist.
– In case of receiving a product damaged by transport, it is advisable to contact The Company within the first 24 hours in order to be able to claim the incident to the transport company. In the same way, it is advisable to leave a record of the incident with the transport company. It is recommended that you do not sign the delivery note if you suspect that the product may have been damaged or the packaging is not intact.
6 – RETURNS, CANCELLATION AND REIMBURSEMENT OF ORDERS
The conditions for the return and cancellation of the order indicated below shall apply without prejudice to the legal rights of The Client. WAISENSE informs that the Revised Text of the General Law for the Defence of Consumers and Users (TRLGDCU) establishes several options to exercise the right of withdrawal.
The return period will be 30 calendar days from the date of confirmation of delivery of the order, unless any of the following conditions occur:
– The provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the consumer and user and with the acknowledgement on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.
– The supply of goods or the provision of services whose price depends on fluctuations in the financial market that The Company cannot control and which may occur during the withdrawal period.
– The supply of goods made to the specifications of the consumer and user that are clearly personalised.
– The supply of goods that are likely to deteriorate or expire quickly.
– The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
– The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
– Contracts in which the consumer and user has specifically requested The Company to visit him for urgent repair or maintenance operations; if, during such a visit, The Company provides services additional to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.
– Contracts concluded by means of public auctions, tenders, innovative public procurement and the like.
On the Cancellation of an Order:
– Orders placed by The Customer may be cancelled up to prior to receipt of the Order Confirmation email (second email), which indicates that the order has already been processed and prepared for dispatch.
– Orders cancelled before receiving the Order Confirmation email will not generate costs to the Customer, except those arising from the method of payment used, which may not be refunded despite the cancellation.
– Those order cancellations that involve a refund to the Customer and that are by bank transfer will have a maximum period of 30 days for administrative procedures, although we try to ensure that the period does not exceed 7 days.
Damaged or defective products and incorrect deliveries
The Client may exchange their products, or obtain a full refund if the products in the order are damaged or defective upon receipt, or if the products they receive are not the ones they originally ordered.
About Returns for Individual and Business Customers:
– To make a return The Client must notify WAISENSE by email to email@example.com or through the returns form available on the website, the request to return the product, indicating in said email the order number, the reference or references to be returned, reason for the return, date of purchase and the following details of The Client: full name, telephone, email and address (if the delivery address is different from the address of The Client, the name and address of the recipient of the order must be specified).
– All goods must be returned in their original packaging and conditions, in perfect condition and protected, with the delivery documentation of your order, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the article. Otherwise, WAISENSE reserves the right to refuse the return.
– Once you have filled in and sent the email to firstname.lastname@example.org with the specifications described above or sent the return form on the website, you will receive an email with instructions on how to send us the order or the part of the order to be returned to our facilities. You must send the goods without delay, within a maximum period of 14 calendar days.
– You will be responsible for the return transport costs. You are free to choose the agency that best suits your needs or offers the most competitive rates.
– Products not returned or returned in conditions different from those described will be rejected by WAISENSE and, therefore, will not generate the right to a refund.
– Once the goods have been received and checked that they are in perfect condition, the refund will be processed. WAISENSE will refund the payment received, including the cost of delivery with the exception of the additional costs resulting from the choice by the Client of a delivery method different from the least expensive method of ordinary delivery offered by the Company.
– For the return of products with gifts or promotions, including discounts for batches, the complete return (complete pack or article including the corresponding gift) will be obligatory in order to be able to proceed with the refund. In the case of orders with batch discounts (including discounts on the products themselves or on shipping costs and other similar promotions), the return of part of these products may result in the loss of the conditions under which this benefit was obtained in the purchase.
About Returns for Distributors:
– Only returns of unsealed material in perfect condition will be accepted within 30 calendar days of receipt.
– Existing promotions on the website that extend the 30-day delivery period will not be applicable to distributors, who will always have a 30-day return period.
– Such returns will be processed as commercial returns, as there is no law regulating the rights of return between companies, and such processing is regulated according to WAISENSE’s terms and conditions.
– Returns of products with a broken factory security seal, e.g. NESS product boxes with a sticker identifying the contents of the box, will not be accepted.
– The above conditions do not affect the right of guarantee or exchange of defective products, which are applicable to each product according to the conditions attached to each product. WAISENSE reserves the right to refuse the return in the event of any anomaly detected in the returned product.
On the Exchange:
– When The Client exchanges damaged or defective products or an incorrect order, The Company will send him/her the replacement items provided that he/she has previously returned the products of the order in the state in which he/she received them and has complied with the rest of the return conditions indicated in this document.
– The Customer may return the products, together with the delivery documentation, by bringing them to the Company’s address or by sending them by post. Please note that this documentation is required in order to benefit from the refund.
– Your money will be refunded to the same payment method you used when placing your order.
– The estimated time for your refund is 7 days.
How to send the products back:
To return the products, The Client must send the following documentation to the Company either by e-mail or by post, together with the products to be returned to the Company’s headquarters, at the location described in section 7. Indispensable:
– A copy of your Order Confirmation e-mail indicating your Transaction Reference Number.
– Delivery documentation including your Delivery Number.
– The products themselves, in the condition and packaging described above.
If The Customer returns the products by post, please note that:
– Your parcel may take up to 7 days to arrive at the delivery address.
– Returned products will be processed within seven (7) working days of receipt (excluding Saturdays).
– You must take the necessary precautions when packing the package and sending it by post so that the products are not damaged in transit. If they arrive damaged (as a result of the return shipment), The Company will not be able to process their return. The Customer may use a carrier that offers tracking and insurance to ensure that the products will arrive safely.
– You must obtain and retain proof of mail exchanged with WAISENSE and/or the carrier until such time as you receive the refund or exchange.
About the refund of orders
Once The Company receives the product(s), WAISENSE will refund The Customer according to the payment method used:
– If you paid by card, the credit will be made to the account within a maximum of 7 working days.
– If you paid by PayPal, the payment will be credited to the PayPal account within a maximum of 7 working days.
– If payment was made by bank transfer, The Company will ask you for an account number to make the payment. It may take up to 7 working days before it is reflected in your bank account.
– If payment was made by financing, The Company will proceed to make a total or partial cancellation of the amount financed as the case may be with the corresponding entity or third party
The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.
Provided that the Customer has previously returned the products of his order in perfect condition. If he/she does not return the products, we shall be entitled to charge him/her for the products or the costs of their recovery.
7 – CUSTOMER SUPPORT
Any query, complaint or correspondence relating to these Conditions or those applicable to the online shop should be addressed to the contact details indicated on the WAISENSE website:
Commercial support – email@example.com
Technical support – firstname.lastname@example.org
Telephone: +34 951 337 998 / +34 665 016 613
For further information, please contact Customer Service at email@example.com
Postal address for returns by post: Avenida Juan López Peñalver 17, ground floor, wing B, office 3 derecha, CP: 29590, Parque Tecnológico de Andalucía, Málaga, Spain.
8 – GENERAL PROVISIONS
WAISENSE reserves the right to modify or cancel, temporarily or permanently, the service provided through the WAISENSE Online Shop (or any part of it) with or without notice. The Online Shop shall not be liable to The Client or to any third party for any such modification or cancellation.
If, despite a modification of the Terms and Conditions of Sale and/or the Terms and Conditions of Delivery, The Client continues to use the service provided through the WAISENSE Online Shop (or any part thereof) after such modification, The Client shall be deemed to have agreed to such change. The Client shall be responsible for checking the Conditions regularly in order to determine whether any changes have been made. If you do not agree to any modification of the Terms and Conditions of Sale, you must immediately cease using the WAISENSE Online Shop service.
In the event that the WAISENSE Online Shop modifies these Terms and Conditions, the order will be subject to the Terms and Conditions in force at the date and time the Client placed the order. The Client will have access to a copy of the current version of the Conditions in the order confirmation e-mail, which constitutes the contract of sale between the Client and WAISENSE.
Should any part of the Terms and Conditions of Sale be declared illegal or unenforceable, the affected provision shall be deemed deleted, the remaining provisions of the said Terms and Conditions of Sale remaining in full force and effect.
The sales contract concluded between The Client and WAISENSE shall be governed by Spanish law. Any dispute relating to the Terms and Conditions of Sale shall be resolved in the Courts of Malaga.