Terms and Conditions

The following terms and conditions of sale shall apply to sales transactions between MercadoIT S.L. (hereinafter “MercadoIT”) and its customers. By accepting deliveries from MercadoIT, customers accept all the terms of the General Terms and Conditions of Sale and agree to comply with them. We classify products and include them in quotes as follows: (REF) refurbished, (NIB) new in box, (NOB) new open box, (WS) Cisco Wholesale Program.

• It is the customer’s responsibility to verify that the merchandise delivered at the time of purchase matches what was ordered, appears on the invoice, and is correct in terms of its presentation, condition, documentation, and packaging. Claims regarding this matter will only be accepted for shipments made via carrier and within 24 hours of receipt by the customer.

• MercadoIT has always been known for its technical support; therefore, a technical department is available to address specific questions regarding installations, although the customer is responsible for ensuring that the equipment is set up and operating correctly.

• Payment terms are always calculated based on the invoice date and cannot be changed.

• Any amounts not paid by their due date, without the need for a formal demand, will accrue late payment interest at an annual rate of 8% in favor of MercadoIT, effective from the due date. Return shipping costs and other expenses related to non-payment will amount to 4%, also to be paid by the buyer.

• If MercadoIT has authorized credit terms for the customer, a payment will not be considered made until we have received the full amount. An amount is considered past due when, upon reaching the invoice due date, it is not fully available to MercadoIT. Amounts due and unpaid by the customer will accrue late payment interest at an annual rate of 8% from the due date. Any costs incurred due to nonpayment will be borne by the customer. Invoices for late payment interest and bank return fees must be paid in cash. Mercado IT may apply any amount received from the customer to any prior overdue invoice. It may first use the payment to cover costs, expenses, and late payment interest, if any, and lastly to reduce the principal balance of the debt.

• Failure to pay an obligation when it becomes due will result in the acceleration of each and every outstanding transaction, making payment immediately due and payable. MercadoIT also reserves the right to claim damages.

• The containers and packaging used by MercadoIT are classified as industrial or commercial packaging; therefore, the end user is responsible for their proper environmental management in accordance with the provisions of applicable laws

• For merchandise that does not meet the minimum shipping thresholds (€200 for mainland Spain and €600 for the Balearic Islands; €600 for orders containing rack cabinets), they will be shipped at the buyer’s expense and risk via the carrier designated by the buyer, if so requested. The risk of loss or damage to the goods is transferred to the customer upon delivery to the address specified in the customer’s order. When the customer bears the shipping costs (shipping charges due), possession and the risk of loss or damage shall be deemed to have been transferred from the moment the products are shipped to the delivery location.

• In order for an item to be included in that day's shipments—provided it is in stock and ready for sale—the customer's order must have been placed before 2:00 p.m. on the same day.

• If the customer cancels confirmed orders in whole or in part, MercadoIT may demand payment of compensation equal to 50% of the purchase price as damages, as well as all shipping costs, if shipping has already taken place. If the merchandise was ordered exclusively for that specific order, it cannot be canceled.

• The prices listed are valid for 7 days, subject to prior sale, error, or omission.

• Any item that does not function properly as of the date of purchase must be reported immediately, and the claim must be confirmed in writing within 15 days of receipt of the merchandise. The buyer shall take the necessary measures to allow MercadoIT to inspect the merchandise and must also retain the original labels and packaging.

• In the event of defects acknowledged by MercadoIT, our liability is, at our discretion, either a refund of the purchase price or replacement of the item, excluding any claims for damages that may exist.

• The return form is required for processing product returns and issues. If the return is shipped via a carrier not arranged by MercadoIT, it must be sent with shipping costs prepaid. If the return is due to an error by MercadoIT or a product defect within the warranty period, we will arrange for shipping through a carrier. The return period is 30 days from the delivery date, and a 30% depreciation fee will apply.

For quick incident management, please use the form on our website: https://intranet.mercadoit.com/soporte-rma

• No returns will be accepted if the item was ordered exclusively for the customer. 

• All refurbished equipment supplied by MercadoIT may have scratches or cosmetic marks; however, these do not affect its proper functioning in any way.

• When a customer returns any item that was shipped to them with shipping prepaid by a shipping carrier, the customer must pay the shipping costs for that return.

• The customer has 7 days to file a claim for mechanical defects in the products; after this time, the equipment will be deemed to be in good physical condition. 

• For servers, components, and computer equipment, the standard warranty coverage is 12 months. Extended warranty coverage is available upon request.

• For Cisco networking equipment, Juniper networking equipment, and Arpers transceivers, the standard warranty is lifetime. Extended warranty coverage is available upon request.

• Batteries and power supplies come with a maximum warranty of 6 months.

• Failures caused by power surges or misuse of the equipment are not covered by the warranty.

• IP phones come with a maximum 12-month warranty.


General Terms and Conditions for Support Vouchers

  • Hours of operation: Customer service is available during normal business hours, Monday through Friday. Requests made outside of business hours—including at night, on weekends, or on holidays—will be evaluated on a case-by-case basis.

  • Validity: Support vouchers are valid for one (1) year from the activation date. Hours not used for the planned activities may be applied to other types of assistance within the validity period. 

  • Fractions of an hour: For each service call, the first full hour will be billed regardless of the time spent; after that, charges will be billed in thirty (30)-minute increments.

  • Service Delivery Method: The service will be provided remotely. If on-site work is required, travel expenses will be assessed.

  • Excess Hours: If the contracted hourly limit is exceeded, you may choose to purchase a new package, or the additional hours will be billed at the hourly rate of the contracted package (xx.xx€/hour).

  • Response time: Standard service vouchers are intended for scheduled, pre-planned service calls. If you require an unscheduled service call, assistance will depend on the technical team's availability.

 
Special Terms and Conditions for EDS (Engineering Desk Service) Support Vouchers  


  • Response Time: Rapid response service with an 8x5xSDH SLA. Resolution will begin, whenever possible, on the same day the request is received and, at the latest, on the next business day following receipt. Support requests received outside of business hours will be considered received during the next available hour of service.

  • For matters not specified in these special terms and conditions, the provisions set forth in the general terms and conditions for support vouchers shall apply.


These terms and conditions shall be governed by Spanish law. In the event of any conflict or discrepancy arising from the interpretation or application of these general terms and conditions with respect to a consumer, the competent courts shall be those of the consumer’s place of residence.

In the case of a business, both parties hereby submit to the jurisdiction of the courts of Valencia (Spain), expressly waiving any other jurisdiction.

The parties expressly agree to be governed by Spanish law and to submit to the jurisdiction of the courts and tribunals of the city of Valencia for the resolution of any disputes or litigation that may arise from the performance or interpretation of the Order.