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General Purchasing Terms

1. Nature of the Contract

By this contract, PROUN MEDIA S.L., with VAT ID Nr. B74285974, and registered domicile in Calle San Bernardo Nº3 2ºA de Avilés (Asturias), hereinafter “the selling party” sells to the customer (any physical or legal person, known as user, with whom the owner of the website subscribes a sales contract) buying from the sellers (the website users) through the website the product and/or the services specified on the invoice. The term contract is understood as the sales operation instrumented through this document and with the delivery of the good and payment of the price. The term product shall be understood as the good object of the sale.

The contract subscribe by the parties is a REMOTE SALES CONTRACT through the website, and will be regulated by the Spanish laws, and more precisely, by the Consumers and Users Act included in Art. 92 of the del Real Decreto Legislativo 1/2007, of November, 16th. Both parties assume that this contract is executed with good contractual faith. 

The contract will be ruled by these terms and conditions, by which a buyer (user of the website) and the seller PRUN MEDIA S.L. deliver and receive the good and pay and received the price offered. The end consumer shall be protected by the rights and warranties established by the Spanish RDL 1/2007, of November, 16th.

PROUN MEDIA S.L. can in any moment and without prior notice amend these General Terms and Conditions publishing these amendments in the Portal with the aim that Users may know them always before visiting the portal or purchasing any product offered in the Portal. In any case, the dates during which the General Terms and Conditions are valid shall be explicitly shown.

In accordance with Art. 98 of the RDL 1/2007, of November, 16th, the language used to execute this remote sales contract shall be SPANISH.

In the moment of the, the User shall get a precise explanation and with the appropriate links about the delivery and shipments terms and the payment methods to close the purchase.

Before completing the purchase and placing the correspondent payment method, the user shall be notified that this is the last step “to close an order with payment obligation”. From this moment onwards, an obligation to pay for the chosen products exists.

To purchase the products offered in the Portal, Users shall be asked to register. To do so, Users shall be of age and shall satisfy the instructions appearing on the screen.

2. Procedure to become a user of our website

Firstly, we need the user to register. We give him / her the option to complete a form prior to purchasing any product of our website. These data shall be ruled by the terms included in our LEGAL NOTICE and more precisely, in the PRIVAY POLICY CONDITIONS.

If the User registers as a COMPANY, the legislation on data protection and the laws on consumers and users shall not be applicable; instead, the rules for the sales of goods between companies and the regulation of the Code of Commerce shall be applicable.

The User shall also have the option to register using his / her personal Facebook, Google+ and Twitter accounts. This form of registration will require that you enter the data supplied to create your Facebook, Google+ or Twitter profile. The General Terms of this registration shall be ruled by the contents of our LEGAL NOTICE and the conditions by which the companies Facebook (https://www.facebook.com), Google+ (https://plus.google.com/) and Twitter (https://twitter.com/) govern their own websites.

Once you have registered as user, you can accede to your account in any moment with your username and password.

In any case, should you want to receive our newsletter at your e-mail address without being a customer, you can ask for it in any moment introducing your e-mail account in the field prepared for this purpose and clicking on `subscribe´. This will give you the right to get  a number of benefits when buying, like better discounts and other commercial benefits.

As shown in our LEGAL NOTICE, you can unsubscribe the newsletter.

3. Withdrawal

According to Art. 102 of the RDL 1/2007, of November, 16th, the user shall have the right to withdraw this remote sales contract within 14 days after the moment of purchase.  In any case, the consequences of this wirhdrawal are also regulated by the Spanish RDL 1/2007, of November, 16th.

4. Purchase procedure

On our website we give you different options from our product catalogue, allowing you choosing the products best fitting your needs.

Each product contains several products. Each product is shown with a picture offered. The image does not correspond with the original size of the product. To facilitate the choice, each product is accompanied by a chart with the technical characteristics of each product. Likewise, the colors specified and these characteristics may not correspond with the real colors or characteristics of the proudest.

The purchasing process is as shown below:

  1. To buy any product, you shall click on “Add to the cart” associated with each product- The prices are expressed in EUROS.
  2. For each product, you will be asked to enter the amount of units you want to purchase. Should the amount of units exceed the stock, the contact will immediately contact you to inform you via phone or e-mail the amount of units we are able to serve. The company reserves in any case the right to accept your order.
  3. The screen will show a box on the upper right side and the products you have included in your order.
  4. The delivery terms are shown in an attached document giving the details by the companies empresas “Sociedad Estatal de Correos y Telégrafos” (http://www.correos.es/) and NACEX (http://www.nacex.es).
  5. Once you have taken a decision and in the moment of the purchase, you shall notify your contact data to supply you the REMOTE SALES CONTRACT as well as the invoice. This is the moment you decide where you want the products delivered. If you accept the purchasing conditions, you shall click on a verification box “I accept the terms and conditions”, which will contain exactly the same conditions shown in the Sales Conditions.
  6. In the moment of order confirmation, we will show the amount you will have to pay as SHIPMENT COSTS, TAXES and other expenses, depending on the country to which the products have to be delivered. We will show you the total costs that will be added to your invoice if you accept the order. The invoicing address can be different from the shipping address. To avoid errors, you shall put maximum attention in this step.
  7. The application will finally direct you to the payment screen, which shall be identified as the final step of the process. With the message “ORDER WITH PAYMENT OBLIGATION”. In this moment, the order shall be firm. PROUN MEDIAS.L works with a safe payment method through BANCO SABADELL and its safe payment platform with bank cards. The terms applicable are shown on the website https://www.bancsabadell.com . From this moment, if you confirm the payment, you are executing your part of the sales contract, and your bank account will be automatically charged. You can also pay via PayPal and its safe payment platform in accordance with the terms shown at http://www.paypal.es . From this moment, if you confirm the payment, you are executing your part of the sales contract, and your bank account will be automatically charged.
  8. If the payment systems informs about credit card rejection or PayPal account rejection, the order will be automatically cancelled. It is necessary that the emitting bank is part of the Safe E-Commerce Security Protocol. We will not accept payments with bank cards not satisfying this requirement.
  9. Another payment option is payment via direct money transfer to the bank account of PROUN MEDIAS.L. If you chose this option, the contract shall be deemed executed by you and PROUN MEDIAS.L. will ship the products to you.
  10. Once the purchase has been completed and as soon as possible, and always before thirty (30) days after the purchase date, PROUN MEDIAS.L.  will deliver to the User to the address shown in the form the invoice or, alternatively, the electronic invoice by e-mail. The order confirmation by  PROUN MEDIA S.L.  shall not be valid as invoice, only as a proof of purchase.

Although purchases can be made from very different countries, PROUN MEDIA S.L. shall only ship orders exclusively to the countries specified by the manufacturers as countries which they service. Orders to be shipped outside this list shall not be accepted.

5.- Retention of title

PROUN MEDIA S.L. shall retain the title of the goods sold until the user has paid the full amount.

6.- Product guarantee

Our company puts at the users´ disposal a Customer Service Phone (+34 984 83 04 36). Users can consult their doubts with regards to the product guarantee. This hotline will not assist users with the following issues: 

If any product is reputed as fault, the USER shall have the right either to get the faulty product replaced by a new one at no cost or the full reimbursement of the amount paid. This right is ruled by Art. 120 of the RDL 1/2007.

The right to claim for any defect ruled by Title II of the RDL 1/2007 will expire after 3 years. After this term, claims are no longer possible and the right will be deemed cancelled.

7.- Images appearing on our website

All products presented with pictures on our website have been photographed trying to be exact and real. Logically, the size of the presentation is not real. Likewise, the colors or certain physical characteristics of the products presented in pictures do not correspond exactly with reality.

The data appearing in our data base correspond to products which have been part of our catalogue in any moment. We do not assume any responsibility for any typing or arithmetical error which may be shown on our websites or in the technical characteristics included in each picture of the website.

We reserve the right to change any price in any moment. In case of any price change after a closed order, we shall respect the price appearing on the website at the moment of purchase.

All prices published on the website have the Spanish VAT in force in the moment of the order included, unless otherwise stated.

8.- Users´ obligations

As a general rule, the User shall be obliged to comply with these General Terms and Conditions as well as respect the special warnings and instructions of use contained in the Portal and always act in compliance with the law, morality and good faith, using the necessary diligence with regard to the service´s nature. The User shall not use the Portal in any form that could prevent, harm or deteriorate the normal operation of the Portal, or the goods and rights of the websites of PROUN MEDIA S.L., its suppliers, the rest of the users or in general any third party.

More precisely, the User shall:

  • In the case of registering, the User is obliged to supply accurate data and to maintain them updated. This obligation is included as a principle in the Personal Data Protection Act.
  • Not introduce, store or disseminate in or from the Portal any information or material which could be defamatory, obscene, threatening, xenophobic, incite to violence or to discrimination for race, gender or religious ideology or which in any other form is against the public order, the fundamental rights, the public liberties, the honour, the intimacy or the image of any third party an in general or the laws in force.
  • Not introduce, store or disseminate in or from the Portal any software program, data, virus, code, hardware or telecom equipment or any other instrument or electronic or physical device susceptible of causing harm to the Portal, in any of its services, or in any of the equipment, systems or networks of www.hetzl.eu, of any User, the suppliers of www.hetzl.eu or in general any third party, or which in any other form could be able to cause any alterations os prevent the normal operation of them.
  • Not execute any advertising, promotional or commercial exploitation activities through the Portal, not use the contents and in particular not use the information obtained through the Portal to post advertising, send messages with the purpose of direct selling or with any other commercial purpose nor to collect or store personal data of third parties.
  • Not use false identities nor supplant the identity of users when using the Portal or when using or purchasing any of the Products, including the use of the login or the password of any third party or in any other form.
  • Not introduce, store or disseminate through the  Portal any content contravening the intellectual or industrial property rights of third parties or their corporate secrets, and in general, not introduce any content of which the user does not have the right to put it to disposal of a third party according to the law.

9. Governing law

In case of any litigation or dispute regarding the compliance and interpretation of this remote product sales contract through the Internet, both Parties submit to the courts of Asturias (Spain), with express waiver of their own laws if these were different. In any case, this contract shall be governed by the Spanish laws. 

10.Applicable law

This contract shall be governed by Spanish laws:

  • With regard to the USER being a private person and consumer by the Ley de Consumidores y Usuarios (Consumer and User Act) as well as by the rest of the laws affecting consumers and users, which shall be applicable in everything not established by this contract with regard to the interpretation, validity and execution, as well as the terms and conditions of Ley 34/2002 with regard to Internet sales.
  • With regard to any USER being a company, by the Code of Commerce and the Spanish laws on sales of movable goods.

11.- Legal reserve

The company PROUN MEDIA S.L. shall not be responsible for the use the buyer could make of the products purchased through this website. We alert that for the use of certain products, compliance of the laws in force is needed, e.g. the Private Safety Act, Instruction 1/2006 with regard to video-surveillance. Or even the Penal Code in some cases of images recording for later broadcasting without the consent of the recorded individual.

*General Terms in force since 06/10/2014, prepared by the new technologies attorneys´ team of  Garante Abogados S.C.


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