1.1. These General Conditions, together with the Particular Conditions that may be established, will expressly regulate the relations arising between mastelap.com (Polifer Online SL), with address in Madrid, Julio Rey Pastor Street, Nave 23, 28806, Alcala de Henares, MADRID and with CIF number B-88075734 (hereinafter, "masterlap.com") and third parties (hereinafter, "Users" or "User") using the Internet portal "www.masterlap.com" (hereinafter the "Portal") "), as well as with third parties that contract the products and services offered or accessible through it (hereinafter the" Products and Services ").
1.2. These General Conditions do not exclude the possibility that the acquisition and / or use of any of the Products and / or Services offered to Users through the Portal that is subject to specific conditions of use ("Particular Conditions"), which will complement these General Conditions and will prevail over them in case of discrepancies. The Products and / or Services whose acquisition and / or provision was subject to Particular Conditions shall be governed by the provisions of these Particular Conditions and also, in all matters not contemplated therein, by the provisions of these General Conditions.
1.3. By making a purchase or order, or contracting a service, regardless of how it is done, the user acknowledges and expressly accepts these general conditions of contract, which will govern during the validity of commercial relations between buyer and seller without further reference.
1.4. masterlap.com may at any time and without prior notice, modify these General Conditions or, as the case may be, the Particular Conditions and introduce new conditions of use, including, if applicable, the remunerated or free nature of any of the Products and / or Portal Services. These modifications will be published on the website corresponding to the Portal so that the User can know them before proceeding with their use. The use of the Portal and / or the acquisition of any of the Products and / or Services thereof by the User once the General Conditions have been modified or, as the case may be, the Particular Conditions that were applicable, shall mean the acceptance of said User of the General or Particular Conditions so modified.
2. ACCESS TO PRODUCTS AND SERVICES
2.2. The password chosen by the User and validated, where appropriate by masterlap.com for Users who register, will be considered an identifying and enabling element to access, acquire and use the corresponding Products and / or Services and will have a personal and non-transferable nature. The User agrees to keep due diligence in the conservation of the password that is validated by masterlap.com, assuming otherwise, the consequences that may arise from the use of it by third parties other than the User. The User must not write the password in an intelligible or accessible form for a third party, nor write it down in a place accessible to third parties. masterlap.com will be able to carry out, with an appropriate notice, modifications in the password. In this case, the substituted passwords will lose their validity.
2.3. masterlap.com reserves the right to decide, at any time, the Products and Services that are contained, offered, provided or made accessible to Users through the Portal. In particular, masterlap.com may at any time add new Products and Services to those included in the Portal, understanding that unless otherwise provided, such new Products and Services shall be governed by the provisions of the General Conditions in force at that time . Likewise, masterlap.com reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the Products and Services that make up the Portal.
2.4. masterlap.com also reserves the right to unilaterally modify at any time and without prior notice, the presentation and configuration of the Portal.
3. OBLIGATIONS OF THE USER
3.1. The User is obliged, in general, to use the Portal and each of the Products and Services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions and Particular Rights that are of application, and must also refrain from using them in any way that could impede, damage or deteriorate the normal functioning and enjoyment of the Portal and of all the Products and Services by Users or that could harm or cause damage to property and rights of masterlap.com, its suppliers, Users or in general of any third party.
3.2. More specifically, but without this list limiting the general scope of the obligation set forth in the previous paragraph, the User agrees to use the Portal and each and every one of the Services, as well as in the acquisition of the Products and Services:
(a) In case of registering, you must truthfully provide the requested information and keep it updated.
(b) Not to introduce, store or disseminate any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, incites discrimination based on sex, race, ideology or religion or in any way attempt against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the regulations in force.
(c) Not to enter, store or disseminate through the Portal or through any of the Services, and not to use in connection with them, any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the Portal, in any of the Services, or in any equipment, systems or networks of masterlap.com, of any User, its suppliers or in general of any third party, or otherwise it is capable of causing any type of alteration or preventing the normal operation of them.
(d) Not to perform, except in those spaces in which they expressly dedicate themselves to such ends, advertising, promotional or commercial exploitation activities.
(e) Not to use false identities or impersonate the identity of others in the use of the Portal or in the use or acquisition of any of the Products and / or Services, including the use of passwords or passwords of third parties or any other way
(f) Do not hide or falsify in any way the origin of email messages, not intercept, delete or modify the email messages of other Users, or send bulk email messages.
(g) Not to destroy, alter, disable or damage the data, information, programs or electronic documents of masterlap.com, its suppliers or third parties.
(h) Do not enter, store or disseminate through the Portal or through any of the Products and / or Services any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content with respect to which it will not hold, in accordance with the law, the right to make it available to third parties.
(i) Not use the contents and in particular the information obtained through the Portal or any of the Products and / or Services to send advertising, send messages for direct sales or for any other commercial purpose, or to collect or store personal data of third parties.
4. SALE OF PRODUCTS AND PROVISION OF SERVICES
4.1. The characteristics of the Products and / or Services, and their prices appear on the screen. The Products and / or Services will be available for sale until end of stock. The prices indicated on the screen are in euros and are current. The offers are duly marked and identified as such. Its period of validity is effective as long as they appear on the screen or during the term indicated therein. Notwithstanding the foregoing, masterlap.com will send an invoice to all individuals or legal entities resident in Spain. The order confirmation sent by masterlap.com is not valid as an invoice, only as proof of purchase.
4.2. The characteristics and descriptions of the products are provided by their respective manufacturers, so that masterlap.com can not guarantee the accuracy, quality, veracity, reliability offered by this information.
4.3. In the event that the good object of the order is not available, the seller may supply a product with similar characteristics that has the same or superior quality without price increase. In case of not being satisfied with the delivery the user may request the payment of the amounts paid, by contacting the customer service service
4.4. As for the services on a device, masterlap.com will examine the article immediately after receiving it. In case of detecting any anomaly or additional breakdown to what is described by the client, he will let you know, being able to quote part of said repair. The prices applicable to each repair are exposed in the Portal, as well as the particular conditions of each service. Also, once made a repair and communicated its availability to the User to collect the item, the deadline of 30 calendar days is set to be withdrawn. After this period, will be charged two euros for each additional day that the product is in the premises of masterlap.com, in concept of storage.
4.5. The user is obliged to safeguard the data stored in the hardware that he wants to repair, by means of a backup copy, in order to avoid the loss of data that may arise as a result of the repair. Regarding the software, liability for defects caused by the User due to updates, incorrect installations or additional software or peripherals is excluded. In such case, the User shall bear said expenses, even when such defects arise in the repair of a Hardware under warranty.
4.6. If, in the course of a repair, unforeseen and non-budgeted defects arise, masterlap.com will inform the user of this point, and if necessary, will elaborate an additional budget.
4.7. All content (whether digital or physical) in a device and its accessories that are delivered to masterlap.com belong to its owner, who is solely responsible for all the effects on said content.
5. PRICES AND CONDITIONS OF PAYMENT
5.1. The current price list at the time of acceptance of the order or purchase is binding. Exclusive prices for the web page. They could vary in physical store.
5.2. The term of payment of the invoices is understood to have expired due to the delivery of the goods, without prejudice to home deliveries.
5.3. The forms of payment available for the portal are: Cash payment, bank transfer or deposit, credit / debit card, Paypal, Cash on delivery. The forms of payment in force in any case, will be those established in the section "forms of payment" available on the Portal.
5.4. masterlap.com reserves the right to eliminate, add or modify unilaterally at any time and without prior notice, the forms of payment available, as well as their conditions or additional expenses that may result.
5.5 Some forms of payment may be restricted to certain geographical areas or to some specific products or services.
5.6. The form of payment "Contrarrembolso" supposes a binding contract between the User and masterlap.com. So once an order is placed and having selected this payment method, the user commits to the payment of said order. Otherwise, you must pay to masterlap.com the expenses derived from this transaction, which will correspond to the costs of shipping the said product, plus six euros in management costs and payment of the return shipment to origin
5.7. masterlap.com reserves the right to temporarily withhold an order or a payment received if details are observed that may indicate an attempted fraud or to carry out all the appropriate checks that guarantee the veracity of the payment.
6. SHIPPING AND DELIVERY CONDITIONS
6.1. masterlap.com makes national and international shipments and does so through third party carriers hired for that purpose.
6.2. The delivery will be made at the address or address indicated by the user. In case of mistake in indicating the address or wanting to change it later, the User must take charge of the derived charges that result as a result of this modification.
6.3. The delivery time of the order depends on the availability of the requested items. In the case of buying several items with different availability, the shipment will be made once all the items are available, that is, the item whose delivery time is greater must be taken into account.
6.4. All the products will remain the property of masterlap.com until the total payment of the amount thereof is satisfied.
6.5. Some shipping methods may be available exclusively for some geographic areas.
6.6. The shipping rates, as well as the available shipping methods, will be those established in the "Forms of delivery" section of the portal.
6.7. masterlap.com reserves the right to add, delete or modify the available delivery methods, as well as their rates without prior notice. In any case at the time of formalizing the order and before making the final payment, you will be informed of the exact rates for that order.
6.8. The User, when making an order, agrees to receive it at the indicated address and to check all the merchandise at the time of its reception. If the package is damaged or if there are signs of tampering, it must be recorded on the delivery note of the courier and the incidence reported to masterlap.com and the transport company within 24 hours. from the reception of the order.
7.1. RETURNS FOR PRIVATE CUSTOMERS
7.1.1. Right to withdrawal. As established by LAW 47/2002, of December 19, on the reform of Law 7/1996, of January 15, on the Regulation of Retail Trade, for the transposition into Spanish law of Directive 97/7 / EC , in the matter of distance contracts, and for the adaptation of the Law to several Community Directives, the User has the right to return the order during the seven working days following the reception of the order, without needing to justify the decision and without penalty of no class (provided that the use does not go beyond the mere verification of the good condition and operation of the product). The client must assume the expenses derived from the shipment for the return of the good.
7.1.2. To apply, you must fill out the "Return Refund Document", available in the Returns section and attached with each order and communicate in writing (either by mail, letter or fax) your desire to avail yourself of such right in The maximum period of seven working days from the reception of the order. Once the return has been accepted by the After Sales Department, a return number will be assigned and the customer will have another 7 working days to send the material to the dependencies of masterlap.com. In the "Returns" section of the website you will find all the information and documents about the return process.
7.1.3. As specified by said law, the right of withdrawal provided for in the aforementioned rule shall not apply to sound or video recordings, discs, computer programs and / or video games that have been unsealed by the consumer, as well as computer files, supplied electronically, susceptible to being downloaded or reproduced with immediate effect for permanent use, nor to Products that can be reproduced or copied with immediate effect, (compact disc, software, video films, books , video games, etc.). Nor will products or devices that have been manufactured, configured or assembled to measure and at the request of the client, as well as any modification, repair or work performed on any item requested by the client, be applicable.
7.1.4. masterlap.com will proceed to the payment whenever it is necessary, within a maximum period of 30 days from the reception of the merchandise to be returned, although it will try to do it as soon as possible.
7.1.5. In addition, and without prejudice to the right of withdrawal provided by law for the return of a product within seven business days after the date of receipt of the order, masterlap.com extends this period to 15 business days, for those cases in which the product has not been used and its packaging is in perfect condition, without having been opened or unsealed.
7.1.6. In case of any anomaly in the product or packaging caused by misuse or tampering, or failure to meet the conditions of return exposed (in time or form of presentation), masterlap.com may refuse the return, and send the material again to the client, who must take charge of the postage of return shipping (depending on the product that is) plus 6 € in concept of management and administration expenses.
8.1. masterlap.com guarantees according to the current laws and the following conditions all the articles, components and other products that it distributes. Only provide warranty service on goods that have been acquired in your establishment. Depending on the product, the guarantee must be processed directly with the manufacturer of the product. masterlap.com will always be offered as an intermediary in case the User so wishes.
8.2. The warranty for all new items on the website will be two years from the date of delivery of the product, a period that may be longer depending on the product, in which case it will be specified in your file and invoice. purchase.
8.3. The second-hand items, considering as such those that have been previously used by another owner, as well as those that despite being new must be opened and modified to extend their functionalities or features, will have at least one year warranty.
8.4. When the purchased item presents a lack of conformity because it does not correspond to the offered characteristics, presents defects that prevent its normal use according to its nature or does not offer the described benefits for him, the User has the right to the sanitation of the acquired good in a term of two years from the purchase, under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users and without prejudice to the faculties of masterlap.com to verify the veracity of the defects, their origin and moment of appearance.
8.5. The repair that is under warranty will be free, and masterlap.com will proceed, as appropriate, to repair, replacement, price reduction or termination of the contract. The User must notify the seller of the lack of conformity within two months of having knowledge of it, following the indications of the "guarantee" section of the Portal. As long as the product is under warranty, shipping costs will be borne by the account of masterlap.com.
8.6. masterlap.com will inform the client of the term that will entail the processing of the guarantee, always trying to be the minimum possible and establishing a maximum of three months from the receipt of the article. The guarantee of the repair carried out on products under commercial guarantee, will last for six months. If it is proven that the defects invoked by the User were not certain or for any other reason are not subject to the Guarantee, masterlap.com may quote the repair out of warranty, being able to require the User the amount derived from the shipping, administration and management of the guarantee. In the same way will proceed when the defects invoked derive from an inappropriate use of the article, when the product has been manipulated by third parties before the claim, bad conservation, force majeure, or for any other cause outside the article or masterlap.com. For these purposes it will be considered that in any case there is inadequate use or bad conservation when the instructions contained in the manual or documentation delivered together with the article have not been complied with.
8.7. In general, the User agrees to immediately inspect the item purchased and to communicate as soon as possible to masterlap.com any possible disagreement with it, avoiding in any case the aggravation of any damage, under a principle of good faith.
8.8. masterlap.com may provide the User with an insurance policy that extends the periods of commercial warranty over those offered in each case by the buyer of the item. This insurance, when it exists, will be a voluntary subscription by the User, and its cost will be exclusively on behalf of the User. Both the rates and contractual terms of the policy will be available to the buyer.
8.9. For companies and professionals, the guarantee will be established directly by the manufacturer of the article in question, as well as the procedure to manage them, since there is no law specifying the guarantee procedure among professionals.
8.10. All the details about the warranty procedure, terms, procedure, etc ... are exposed in the "Warranty" section of the Portal.
8.11. Finally, services such as repairs, modifications, technical service, etc ... made on products that are outside the commercial warranty period, will be guaranteed for three months as established by law. This term comes into force as of the delivery date of the device. The guarantee is total on the repair carried out and includes transportation, parts and taxes, as long as the new fault is the same as that which has been repaired. It is outside the scope of this warranty any damage other than that which was repaired or parts that have not been or replaced due to the previous repair.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 The User acknowledges that all the elements of the Portal and of each of the Products and Services, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used. in relation to them, they are protected by intellectual and industrial property rights of the masterlap.com itself or of third parties, and that the General Conditions do not attribute to it with respect to said rights of industrial and intellectual property any other right different from those specifically contemplated in the same.
9.2 Unless authorized by masterlap.com or, where appropriate, by third-party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Portal and each of the Products and Services solely for their own needs, being obliged not to directly or indirectly commercial exploitation or of the Products and Services or the materials, elements and information obtained through them.
9.3 The User must refrain from deleting the identifying signs of the rights (of intellectual, industrial or any other property) of masterlap.com or of the third parties that appear in the Portal, as well as refrain from circumventing or manipulating any technical devices established by masterlap .com or by third parties in the Portal
10.1. Without prejudice to liability for damages that may arise, masterlap.com may, immediately and without notice, resolve and terminate your relationship with the User, or interrupt your access to the Portal and / or access and use of any of the Products and / or Services, if it detects a use of the Portal or of any of the Products and / or Services contrary to these General Conditions or to the Particular Conditions that are applicable.
10.2. The User shall be liable for damages of any nature that masterlap.com may suffer directly or indirectly, as a consequence of the breach of any of the obligations arising from the General or Particular Conditions in relation to the use of the Portal or any of the Products and / or Services. Likewise, the User shall keep masterlap.com harmless against any sanction, claim or demand that may be filed by a third party, including any public bodies, against masterlap.com, its employees or agents as a consequence of the violation of any third party rights by part of said User through the use of the Portal or of any of the Products and / or Services or, in general, that may be interposed as a result of the use or acquisition of any of the Products and / or Services in a manner contrary to the provisions in the General Conditions or in the Particular Conditions that were applicable.
10.3. The User acknowledges and accepts that the use of the Portal, as well as the acquisition and use of the Products and / or Services is carried out at his / her own risk, under his / her sole and exclusive responsibility.
10.4. masterlap.com does not grant any guarantee, and excludes any responsibility for the damages that may arise, with respect to the following points:
(a) Availability, continuity and utility: masterlap.com is committed to carry out all necessary efforts to enable the availability and continuity of the Portal. However, masterlap.com can not guarantee that the Portal works correctly at all times, that the User can access it and use it quickly, uninterrupted and free of errors, or that all errors will be corrected. In the same way, masterlap.com does not grant any guarantee regarding the suitability of the Portal or any of the Products and / or Services for the satisfaction of the specific needs of a User;
(b) Security: masterlap.com will adopt the security measures generally adopted in the sector to guarantee the confidentiality and security of the use of the Portal. However, masterlap.com can not guarantee that unauthorized third parties may have knowledge of the characteristics and circumstances of the use that Users make of the Portal and of the Products and / or Services.
(c) masterlap.com will act diligently according to the uses generally accepted in the sector to avoid the presence in the Portal of viruses or other harmful elements that could cause alterations in the User's computer system, in their electronic documents or in their files, but can not guarantee the absence of such elements, not being liable for any damages that this may cause.
(d) Services provided by third parties: masterlap.com does not control, nor does it own, nor does it guarantee the accuracy, quality, veracity, reliability or suitability of the information, products and services provided or provided by third parties through the Portal. Similarly does not control and does not guarantee the absence of viruses or other harmful elements in the content or services provided or provided by third parties through the Portal.
(e) Content outside the Portal: masterlap.com does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents, products and services available on sites belonging to or managed by third parties to which the User can access through technical devices of link ("links") from the Portal. masterlap.com does not control the content of such websites nor does it offer or market the products and services available on the linked websites, nor assumes any responsibility for them.
(f) masterlap.com does not grant guarantees of any nature, neither expressly nor implicitly, with respect to the use that Users make of the Portal, nor breach of the legal obligations to which Users are bound.
11. COMMUNICATIONS and CUSTOMER ATTENTION
11.1. Unless otherwise expressly provided in these General Conditions, masterlap.com may send the User communications by letter, to the address that appears on the registration form, or by electronic mail, to the email address that appears registered in said file. The User expressly authorizes the sending of communications through email.
11.2. Likewise, and unless otherwise expressly stated in these General Conditions, the User may contact masterlap.com to manage any incident with the use of the Portal or contract products or services, by sending a letter or email, using the lines Telephone customer service or using the contact form available on the Portal.
11.3. In case of change of address of any of the parties, you must inform the other party by any of the means indicated above.
12. DATA PROTECTION
12.1. The User is informed and agrees that the data provided through the data request forms, as well as those generated as a result of their relationship with us, will be incorporated into an automated file owned by Polifer Online S.L.