1. PARTIES AND ACCEPTANCE OF THE SALES TERMS AND CONDITIONS
On the one hand, the provider of the products, Totem MT Koop. Elk. Txikia (hereinafter also the « Provider »), with registered office at Zubiondo B4-2.2, 20120 Hernani, (Guipúzcoa), N.I.F. F20976767, Customer Service phone number +34 943555465, and e-mail: email@example.com, being the owner of the website www.totemmt.com, exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other hand, the « User – Client » (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, or non registered, being in any case accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document (hereinafter STC), with the following implications whereas the user:
- Has read, understood and agreed with this text.
- Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
- To assume all the obligations set forth herein.
- You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, firstname.lastname@example.org.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these Sales Terms and Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products.
The Provider is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
Totem MT Koop. Elk. Txikia is a company specialized in the manufacture and remote sale of products for climbing. Totem MT Koop. Elk. Txikia sells its products over the Internet through its website. Totem MT Koop. Elk. Txikia does not own any physical store for the sale of products.
2. OBJECT OF THE AGREEMENT
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These STC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of www.totemmt.com is active throughout all the world.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web www.totemmt.com is executed by email, which also implies the acceptance of the STC. These conditions are available on the website www.totemmt.com or, if desired and requested, can be made available to you by email.
2.5. Modification of the Sales Terms and Conditions: Totem MT Koop. Elk. Txikia reserves the right to make changes and / or modifications to these STC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEB www.totemmt.com
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event,and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of www.totemmt.com are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
3.3 Availability of the product(s): There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to communicate when the product would be available, and ask you if you prefer to wait for the product to be available in the store again.
If you decline the above-indicated option, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.4 Right of Cancellation: Totem MT Koop. Elk. Txikia reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of www.totemmt.com. In the event that this lack of quality is detected, the Customer Service of Totem MT Koop. Elk. Txikia will suggest a replacement product and, if the replacement product is not of the client’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day, Orders which have been received after the stated hours will be next processed on the following business day in Hernani. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected, the Provider reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE
The contracting procedure will be conducted through the following steps:
- The product is chosen by clicking on it, and it will be automatically added in the « Shopping Cart ».
- If there are more products to be added, the process must be repeated.. If a product was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the products.
- Once the product (s) has/have been chosen, you must click on “Proceed to Checkout” .
- To continue with the process the button “Place order” must be pressed.
- Depending on the payment method chosen in step 4, the User will be redirected to the corresponding payment gateway, where she/he must enter the credit card data or enter the access credentials. Once the Pay button is pressed, the purchase process is finished.
- The Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.totemmt.com.
Totem MT Koop. Elk. Txikia will provide Customer Service in a FREE manner, through our contact email email@example.com. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
Totem MT Koop. Elk. Txikia puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.
5. PRICES AND VALIDITY PERIOD OF THE OFFERS
All the prices include VAT if the order is to be shipped to and delivered in the EU. The prices are VAT exempt if order is to be shipped and delivered outside EU. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping.
The payment made to the Provider will entail the issuance of an invoice in the name of the User. This invoice will be automatically sent to the e-mail address provided by the User.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.
6. PAYMENT METHODS
Below we detail the available payment systems:
6.1 Payment by credit or debit card: The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. Only Visa and MasterCard are accepted. We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce (« Verified by Visa » and « MasterCard SecureCode »). The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.
The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
6.2 PayPal: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be formally completed and an email with the summary of your purchase will be sent to you. By pressing the « Back to the Web » button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and Totem MT, Koop. Elk. Txikia does not assume any responsibility for them.
7. DELIVERY OF ORDERS
7.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
7.2 Delivery Time: The expected delivery date is shown during the Checkout process. Totem MT Koop. Elk. Txikia will do his best so that your order is delivered on time. The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt. If the order has not been delivered in one month after the purchase date, the User will have the right to cancel the order, and ask for reimbursement writing to firstname.lastname@example.org.
7.3 Non-available products: In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline. If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel at any time before sending the order, by contacting our Customer Service through the following email address: email@example.com, where you shall supply the order number.
7.4 Shipping confirmation: At the time of delivery of the order to our carrier, we will send a shipping confirmation to the email address that you have provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through the website of our carrier.
7.5 Damaged delivery: Products are delivered in secure packaging. If at the time of delivery, the recipient detects, in a visible and clear form, without the need to maneuver the shipping package or those packaging natural to the product, that the product has defects attributed by damage caused by the carrier company, or if in the same manner, there is an error in the merchandise received, the User must detail this fact in the receipt that is provided and signaled by and of the carrier and immediately contact our Customer Service line +34 946555465 or email firstname.lastname@example.org . Such notifications must be executed within 24 hours after receipt, by which you will be able to be able to prompt the return of the affected product or products and proceed to their replacement by another in optimal conditions or, alternatively, to reimburse the price paid for it, as you indicate in that email.
If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition. Likewise, if a damage is detected in the product once the package is opened, and the packaging is in perfect condition, the client has 24 hours from reception to contact our customer Service line 943555465 or email email@example.com. After 24 hours of delivery, no claims will be accepted for damage to the product.
8. RIGHT OF WITHDRAWAL
8.1 Right of withdrawal: The User has 14 calendar days to return the product, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). If you are not satisfied with the product or any of the products of your order, the User may exercise his right of withdrawal by filling in the form attached to these conditions, indicating the order number (to obtain a refund of the amount of the product/s within the maximum period of fourteen (14) calendar days following receipt of the order) together with your contact information. Unless the return is made for reasons of defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us through the mail firstname.lastname@example.org or by postal mail, always within the period of 14 calendar days upon receiving of the order. After this period, you can only request the return or exchange of the products for technical reasons that are subject to the guarantee of said product (s).
You must return the product with all the elements with which it was delivered, without any damage or wear marks of any kind, nor showing an inappropriate use of the good or that is different from the nature of the same, to the address that we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in its value. The Client will be responsible for the packaging and protection of the products that are sent as well as the expenses derived from its shipping.
As long as the products are returned within the said period of 14 calendar days, without any damage, wear and/or defects, and in compliance with the requirements established in this section, and always including the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
– Return number provided
– Order number
– Date of purchase and exercise of withdrawal
Information of interest (optional):
– Reasons for the return
– Information that you believe is necessary or of interest to process the return
8.2 Reimbursement for returns: In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. Totem MT Koop. Elk. Txikia will not refund the amount or make any return of merchandise until verification has been performed (for the reception, state of packaging and accessories of the product subject of the return) or for any changes in our warehouse.
8.3 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment.
8.4 Verification of Returns: The verification and examination of the products to be returned will be borne by Totem MT Koop. Elk. Txikia, who, once in their facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may result in the cancellation of the guarantee or cause a decrease in the value of the product.
In case the product is missing any of its elements, the product will be returned to your home with a note indicating the missing content.
8.5 The right of withdrawal can not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, the use of seals and adhesive tapes applied directly on it is therefore forbidden.
3. For products that are opened, without being able to prove that it has not been used.
9 MISTAKES IN THE ORDER BY THE PROVIDER
When the product does not correspond to the placed order, due to an error that is attributable to the company, the User must communicate the company about this circumstance by mail as soon as possible; The Provider will bear the cost of collecting the product(s) sent by mistake as well as those of the delivery of the order that was originally placed.
10. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES
All products offered through the website are completely original, unless otherwise indicated in their description.
All products have a guarantee period of 2 years, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, excluding those exceptional cases where the guarantee period may be of different duration.
Unless proven otherwise, it will be understood that the products are in accordance with the contract, as long as they meet all the requirements that are expressed below, except when due to the circumstances of the case, some of them are not applicable to them:
- They are in conformity to the description made by Totem MT Koop. Elk. Txikia.
- They are suitable for the uses to which products of the same type are ordinarily destined.
- They are suitable for any special use required by the client when he has notified Totem MT Koop. Elk. Txikia at the time of signing the contract, provided that he has admitted that the product is suitable for this use.
- They have the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by Totem MT Koop. Elk. Txikia.
- Totem MT Koop. Elk. Txikia describes the details, technical characteristics, and photographs of the products provided by the manufacturer thereof, in a way that Totem MT is not bound by these public statements.
For cases relating to a defective product, Totem MT must proceed with the repair or replacement (as applicable). Such procedures will be free of charge for the User. Totem MT Koop. Elk. Txikia is liable for the lack of conformity that is manifested within a period of two years from delivery, provided that the User informs Totem MT Koop. Elk. Txikia of the lack of conformity within two months of having knowledge of it. The replacement of your product will terminate your sales contract and warranty extensions if any, because when you get your new product it shall benefit from a new contract as it is considered a new purchase.
In case the Law for the Guarantees on the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the team of Totem MT Koop. Elk. Txikia will contact you by e-mail or telephone, to provide you with indications on how to proceed. In such cases, Totem MT Koop. Elk. Txikia is not responsible for how the manufacturer processes the guarantee of said product.
The guarantee is not covered for the following cases:
- Deterioration created by adaptations, adjustments, or modifications made to a product, without a written agreement with the manufacturer,
- Expenses related to maintenance, repair, or replacement of parts due to normal wear and tear,
- Breakdowns and deterioration of accessories,
- Deterioration created by improper use of the product, inappropriate use, failure to comply with the instructions for use with regard to its usage and maintenance, or related to an improper installation,
- Damages generated by non-accredited persons or the User,
- Damage caused by accidents, lightning, floods, fires, or any other cause that is not the responsibility of the manufacturer,
- Damages caused by a system failure in which the product may be incorporated,
- If the model or serial number of the product shows any modification,
- Products have already been repaired by a Repair Services provider unrelated to Totem MT Koop. Elk. Txikia.
11. ONLINE DISPUTE RESOLUTION
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
12. NULL AND VOID CLAUSES
If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of San Sebastian (Spain).
14. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through email.
In addition, we have official complaint forms that available to consumers and Users. You can request them by calling the Customer Service number 943555465 or through our email email@example.com