GENERAL SALES CONDITIONS
I.- OBJECT.
The purpose of these conditions is to regulate the sales of its products made by MercadoIT S.L. (hereinafter “MercadoIT”) through this web domain(https://mercadoit.com) or by telephone, without prejudice to that which, where applicable, is established differently in the specific conditions. The Client accepts the General Conditions without reservation when placing an order or receiving an offer of MercadoIT Products, declaring that he/she has prior knowledge of their content, as MercadoIT has provided him/her with a copy of the same and has also indicated that they are available to him/her published on the website(https://mercadoit.com). Sales made through this website are subject to the general conditions of sale contained on this website at the time the purchase order or order is placed, which exclude the application of any general conditions of purchase of the Client’s own. These General Conditions are presented in accordance with the applicable regulations, which will be valid for an indefinite period of time.
II.- GENERAL.
The consumer and user accepts that he/she is a person with sufficient capacity to contract, that he/she has read, understands and accepts these General Terms and Conditions without reservation, and also assumes the obligations arising from them. Individuals who are minors and persons without legal capacity under Spanish law may not purchase any product from MercadoIT, and MercadoIT reserves the right not to send products to minors. For communication purposes, MercadoIT provides the consumer with the following information: a) Commercial Name: MercadoIT b) Email: info@mercadoit.com c) Telephone: (+34) 961 04 29 55 d) Postal address: C/ Ciudad de Cartagena 23, 46988 Paterna, Valencia, Spain. The languages in which the contractual relationship can be perfected will be Spanish and/or English.
III.- IDENTIFICATION OF THE PARTIES
MercadoIT S.L (Owner of the website https://mercadoit.com/) with CIF B98339005, and registered office at C/ Ciudad de Cartagena 23, 46988 Paterna, Valencia Spain, as supplier/seller of the products purchased by the customer through this website, or by telephone. Its contact address is info@mercadoit.com and telephone (+34) 961 04 29 55. On the other hand, the customer, registered in the website and whose purpose is to be a consumer and/or user of the website and/or to purchase/contract MercadoIT products.
IV.-RESPONSIBILITY OF THE PARTIES.
The client undertakes to make lawful use of the website and the services provided therein, respecting current legislation and refraining from harming the rights and interests of third parties as well as those of MercadoIT. The client is responsible for the veracity of the data provided to MercadoIT, and is therefore liable for the consequences that may arise from providing false or erroneous data on this website. Likewise, the products presented on this website are in accordance with Spanish legislation, therefore, it is the Client’s responsibility to verify the possibility of importing and/or using the products outside Spain, exonerating MercadoIT from any liability for this reason. The Customer must respect and accept the general contracting conditions and the legal and privacy notices established on this website. Failure to comply with the above may give rise to the withdrawal or cancellation of the services by MercadoIT without the need for prior notice and without entitlement to any compensation, as well as the commencement of legal action in defense of its rights and interests. Without prejudice to the consumer’s and/or user’s right of withdrawal, MercadoIT will not be liable for non-compliance or delay in fulfilling its obligations to the Consumer, if this is caused by any unforeseeable circumstances or force majeure affecting both MercadoIT and its suppliers or carriers, including strikes, other labor or industrial contingencies, lack of or impossibility of obtaining raw materials, etc. If the cause of force majeure lasts for more than 2 months, MercadoIT or the Client may consider the orders for Products in progress to be cancelled and without effect, without this giving rise to any indemnity or compensation whatsoever in favor of the Client.
V-. CONDITIONS OF ACCESS AND REGISTRATION
Access to the website is voluntary, therefore, the user will have the right to free and unrestricted access to the public information contained on the website, although MercadoIT reserves the right to restrict access to information, special offers and promotions exclusively to its registered clients. Any user accessing the mercdoit.com website will have the right to register as a client, and from that moment onwards will be able to take advantage of the special promotions, provided that they comply with the specific conditions of the offer. Before making and formalizing any purchase, the user must register as a customer, filling out a short form with your personal data, contact details and shipping information. Once registered and fulfilled the requirements established in the previous paragraphs, the client will be able to proceed to the formalization of the contract of sale on the selected product, according to the purchase procedure.
VI.- PURCHASE PROCEDURE.
Once registered the Customer can place an order by adding the products you want to the shopping cart, following the instructions on the screen. The validation of the order by the Customer implies the express acceptance and knowledge of these General Conditions. Similarly, you can contact MercadoIT by telephone giving the references of the articles; however, telephone orders can only be placed by bank transfer. Once the order has been placed, MercadoIT will send the order confirmation to the e-mail address provided by the customer. Please review your order and the data provided in order to communicate any modification before the order leaves MercadoIT’s facilities. Orders will be sent together with the purchase receipt or invoice, if so indicated by the customer, to the address provided by the customer when making the purchase. Likewise, the customer can check the status of his order at any time by accessing his personal area.
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The sale of products will be made both in Spanish peninsular territory, including the Balearic Islands, Canary Islands, Ceuta and Melilla and in foreign territory (rest of Europe or rest of the world), the customer being responsible for verifying the possibility of importing and/or using the products outside Spain, exonerating MercadoIT from any liability for such cause.
A.- Products.
The product catalog is presented with a card detailing the main features (image, description, availability and selling price including VAT). The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer and its validity, expressly mentioning its expiration date, as well as the payment methods and other values. Transport costs are not included in the prices of our products. The descriptions of the products published on the website are based on the information provided by the suppliers of MercadoIT (mercadoit.com.) The photographs of the products, or videos related to them that are published on mercadoit.com may vary in color depending on the resolution setting of your monitor / computer. For any information about the order, the customer will have the form established for this purpose in the section “customer service” or by telephone (+34) 961 04 29 55, or via email to the email address info@mercadoit.com indicating the order number that was assigned in the email confirmation of purchase. Availability of the products. In case of unavailability of a product included in your order MercadoIT (mercadoit.com), will notify the user via e-mail or telephone and may agree to partial delivery if you have purchased more products, or cancellation of the order before shipping. In this case, the reimbursement of the amount will be made within a maximum period of 15 working days. In case of unjustified delay on the part of the entrepreneur with respect to the refund of the sums paid, the consumer and user may claim to be paid double the amount due, without prejudice to its right to be compensated for damages suffered in excess of that amount. Also, if the contracted good or service is not available, when the consumer and user has been expressly informed of such possibility, the entrepreneur may supply without price increase a good or service of similar characteristics that has the same or higher quality. In this case, the consumer and user may exercise their rights of withdrawal and termination in the same terms as if it were the good or service initially required.
Price and shelf life of the products. The customer accepts that the economic valuation of some of the products may vary in real time. As a consequence, the price to be applied will be that in force on the date the order is placed. Notwithstanding the foregoing, this final price will be communicated to the customer in the electronic purchase process in advance and before it proceeds to formalize its acceptance of the purchase. The prices indicated for each product include Value Added Tax (VAT) and in any case will be expressed in Euro currency (€), unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased. The above costs cannot be calculated in advance because they are calculated according to the territory to which the order is sent as well as its weight and size. The customer will be able to check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the purchase process of the web. The prices are valid except for error or omission, with respect to erroneous prices the company reserves the right not to send it, orders at 0.00 euros are programming errors, are not considered orders and will not be sent. If there is a typographical error in the prices that involves a substantial and significantly lower price than the normal market price of the product, and a consumer and/or user has made the decision to purchase it based on the same, he/she will be informed of the error and the customer will have the right to cancel the purchase at no cost on his/her part. The sales commitment acquired by MercadoIT is subject to the stock of the product and its availability until the number of units to which the offer or promotion of the product in question is limited is exhausted, which is expressly indicated in the offer or promotion.
B.- Forms of Payment.
By credit or debit card,the customer will have to provide his card number, expiration date and CVV number to the encrypted system of CajaMar Elavon Bank. In this case, your data will be encrypted and sent under secure server to the virtual POS of the bank CajaMar Elavon. This procedure does not provide the card number to MercadoIT (mercadoit.com.) SECURITY: The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls. Paypal: PayPal is the most used payment platform by users. Paying with Paypal does not share financial information with the seller. If you choose this payment method, once the order is placed and our records are verified, you will receive an e-mail with a link to make the secure payment in Paypal. If you have a PayPal account you will be able to pay comfortably and quickly through it. It will check that the Paypal user is the same as the user of the online store, if they are different will be sent an email to the confirmation by Paypal to verify that you have purchased in mercadoit.com. If not verified, the final product will not be sent and the following payment will be made to Paypal. Bank transfer: The customer to make the payment by this method has to make a bank transfer (determining in the concept of the order reference) within a maximum period of 3 working days from the completion of the order. In this payment method, the order will be shipped when the transfer is effective in MercadoIT’s account, which depending on the bank may take up to three days, however if the customer sends the proof of payment via email to info@mercadoit.com we will proceed to prepare the order to expedite the shipment. MercadoIT (mercadoit.com) reserves the right to cancel the order if we have not received confirmation of the transfer after this period, maximum 3 days. The bank account will be shown to the customer at the moment he/she chooses this payment method. This method of payment is the only one compatible with purchases that the Customer intends to make by telephone.
C.- Invoicing.
Any payment made on mercadoit.com will entail the issuance of an invoice or purchase ticket that has proceeded to the purchase of a product / service. This invoice or purchase ticket will be automatically sent to the email address provided by the customer in the purchase / registration process or at the checkout of the product.
D.- Deadlines and Delivery of Orders.
Orders will be delivered to the delivery address freely designated by the customer during the registration/purchase process once the payment has been executed and confirmed. In the event of placing an order for several items with different availabilities, the delivery time will take into account the longest expected delivery. The user customer expressly authorizes MercadoIT to demand payment of any additional costs that may be incurred as a result of the modification made after the order has been shipped, should this occur. The product will be considered delivered to the customer when it is at the customer’s disposal, or at the disposal of the person designated by the customer, and the customer signs for its receipt by the transport agency. For all types of deliveries, MercadoIT has these contracted services: In case of absence of the recipient: Immediate location: if the customer is not at the delivery address of the order, the carrier will immediately contact the customer directly. Second attempt to deliver the package: The carrier returns a second time to the delivery address of the order, in case the customer is absent the first time. Delivery confirmation to sender: SMS notifications. The carrier will confirm the delivery or any situation of the shipment at the same time it occurs. In no case will MercadoIT (mercadoit.com) be responsible when the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery can not be made for reasons beyond the entity that is responsible for the shipment, such as the absence of the recipient.
Shipping Zones. MercadoIT (mercadoit.com) allows shipments to Spain*, Europe** and the rest of the world**. Valencian Community and the rest of the Peninsula: Shipping costs vary depending on the delivery time and the company that carries out the transport Seur, ASM or DHL, however, for purchases over 200€ the shipping costs are free. The approximate delivery time at the shipping address ranges from 48 hours to 10 days, excluding Saturdays, Sundays and holidays. Shipments will be delivered from Monday to Friday working days, the shipping area will be in Spain peninsular territory. Notwithstanding the foregoing, the delivery time may be delayed due to logistical problems in the warehouse, being, in any case, the maximum delivery time of 30 calendar days from the conclusion of the contract. If MercadoIT does not comply with its delivery obligation, the consumer and user will summon it to comply within an additional period appropriate to the circumstances. If the trader fails to deliver the goods within this additional period, the consumer and user will have the right to terminate the contract. Europe and the rest of the world: Delivery charges vary depending on the delivery time and the carrier. For shipments to Europe some products may include a shipping surcharge by weight, which is notified to the customer when placing the order. The following table details the shipping costs depending on the carrier and delivery time, however, such amounts may vary, so MercadoIT will indicate at the time of ordering the shipping cost of the product to be selected by the user depending on it.
Shipping Costs and Delivery Time
Shipping costs, which will be borne by the consumer and/or user, cannot be determined in advance because they are calculated according to the territory to which the order is sent, the delivery time of the order, the carrier company, as well as the weight and size of the good and/or product. The customer will be able to check and calculate the total price of the product with the exact breakdowns, including transport costs before proceeding to formalize the payment.
E.- Return and Cancellation Policy.
Upon receipt of the product, the customer must verify its correctness, and in the event that he/she verifies any damage or observes any differences between the product received and the delivery note, he/she must note it on the delivery note of the carrier and inform MercadoIT, within 24 hours using the contact form established for this purpose in the “customer service” section or at the e-mail address info@mercadoit.com, or by telephone at (+34)961 04 29 55 from Monday to Thursday from 08:30 to 18:00 and on Fridays from 08:30 to 14:30, indicating the order or invoice number, photos of the incident and details of the anomalies. Once received the communication of the incident, from our warehouse we have to replace the product to be sent again at no cost to the customer. In the event that the customer does not communicate it in that time, MercadoIT cannot be held responsible for any damage suffered due to breakage during transport. This is without prejudice to the right of withdrawal. If, once the purchase has been made, the customer wishes to cancel an order that has not yet been dispatched, this can be done as long as it is indicated using the contact form established for this purpose in the “customer service” section or in writing to the e-mail address info@mercadoit.com, customer service form or by telephone at (+34) 961 04 29 55, indicating the number of the order to be cancelled.
F.- Right of Withdrawal.
The consumer and user will have a period of fourteen (14) calendar days, which will be counted from the receipt of the good object of the contract both by the user or by whom he/she designates, except in cases expressly excluded by the legal or regulatory provisions that are applicable, for its return without having to indicate the reason, and without incurring any additional cost except for the return costs that will be borne by the consumer and / or user. The product must be returned in its original packaging and in perfect condition, otherwise the product may be depreciated. No returns will be accepted after 14 calendar days from receipt of the product. To do so, you must communicate your intention to MercadoIT by email to info@mercadoit.com, indicating “Return” in the subject field, or by calling (+34) 961 04 29 55, always within the period indicated.
Also, for this purpose, you may use the withdrawal form that we make available to the customer at the following link(form), although its use is not mandatory.
Procedure:Within the period of 14 calendar days indicated, the consumer and/or user must inform MercadoIT of their wish to return the product(s), by e-mail, telephone call, using the form provided. Once the product has been received, MercadoIT (mercadoit.com) will promptly notify the consumer and/or user by email of the acknowledgement of receipt of the withdrawal, with the instructions for sending it to the consumer and/or user. Once the desire to withdraw from the contract has been communicated in due time, the consumer and/or user has a period of 14 calendar days to return the purchased goods in perfect condition, together with a copy of the purchase invoice and the original certificate of authenticity. Likewise, MercadoIT will deliver without undue delay the sums paid by the consumer and/or user, including, if applicable, the delivery costs, (except if you have chosen a delivery option other than the less expensive ordinary delivery option, in which case the additional costs arising therefrom will not be reimbursed), before 14 calendar days have elapsed from the date on which you have been informed of the consumer and user’s decision to withdraw from the contract, and provided that MercadoIT has received the good(s) or the consumer and/or user has provided proof of the return of the good(s). Otherwise, MercadoIT has the right to withhold the refund until it has received the goods, or until the consumer and user has presented proof of the return of the goods, depending on which condition is met first. The refund shall be made in the same way as the order was paid for. In this case, the buyer must pay the direct costs of return and, where appropriate, compensate for any damage to the object of purchase. In the case of promotions, by means of which the client user acquires different independent articles but commercialized in a same pack or unit, the right of withdrawal will be made of the set of the pack and/or bines that conform the promotion. Exceptions to the right of withdrawal: For illustrative purposes only, the following exceptions are listed, without prejudice to any others contemplated by the applicable body of law. a) the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition 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. b) The supply of goods or the provision of services whose price depends on financial market fluctuations that the entrepreneur can not control and that may occur during the withdrawal period. c) The supply of goods made according to the specifications of the consumer and user or clearly personalized. d) The supply of goods that may deteriorate or expire rapidly. e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery. f) The supply of goods that after delivery and taking into account their nature have been mixed in an inseparable manner with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control. h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such a visit, the trader provides services in addition 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. i) The supply of sealed sound recordings or videos or sealed computer programs that have been unsealed by the consumer and user after delivery. j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications. k) Contracts concluded by means of public auctions. l) The supply of accommodation services for purposes other than serving as a dwelling, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance. m) The supply of digital content that is not provided on a material support when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
“The right of withdrawal set forth, solely and exclusively held and, therefore, may only be exercised by those individuals or legal entities that in accordance with Article 3 of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, holds the status of Consumer and User, not holding it on the contrary entrepreneurs defined in Article 4.
VII.- PRIVACY POLICY.
We recommend to proceed to the reading of our privacy policy in the following link: Privacy Policy
VIII.- APPLICABLE WARRANTIES
Pursuant to Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the customer is entitled to receive the goods purchased in accordance with the contract. The provisions contained in the aforementioned legislation regarding product warranty are applicable to the products marketed by MercadoIT. The warranty period for new and reconditioned products is one year, except for reconditioned products from Cisco and Juniper and new products from Arpers, which have a lifetime warranty (see conditions of lifetime warranty) to be counted from the delivery of the product. In the event that the product purchased is not in conformity with the contract, the consumer and user may choose between requiring repair or replacement of the product (replacement is not required for second-hand products), unless one of these two options is objectively impossible or disproportionate, disproportionate being understood as one that imposes costs on the seller that are unreasonable under applicable law. The choice made by the consumer is binding on both parties, however, in cases where the repair or replacement fails to bring the product into conformity with the contract, the consumer may choose between the price reduction and the termination of the contract will proceed. For this purpose, it should be noted that the resolution will not proceed when the lack of conformity is minor. In any case, the consumer shall be entitled, in accordance with civil law, to be compensated for damages arising from the lack of conformity. The warranty does not cover damages, flaws and deficiencies caused by misuse, negligence, blows, improper handling, materials worn out by use, as well as incorrect installations not carried out by authorized technical service. Likewise, the warranty will not cover, in its case, the elimination of virus, nor repair of problems generated by the same. The action to claim compliance with the above prescribes three years from the delivery of the product, also, the consumer and user must inform the seller of the lack of conformity within two months after he became aware of it. Failure to comply with this period shall not entail the loss of the right to the corresponding remedy, the consumer and user being responsible, however, for the damages or losses actually caused by the delay in communication. Unless proven otherwise, it will be presumed that any lack of conformity that becomes apparent within six months of delivery of the product, whether new, reconditioned or second-hand, already existed when the item was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. MercadoIT reserves the right to request an official technical service of the brand to verify the origin and cause of the lack of conformity. When it is impossible or excessively burdensome for the consumer and user to contact the seller due to the lack of conformity of the products with the contract, he/she may claim directly to the producer in order to obtain the replacement or repair of the product. Being an essential requirement for the consumer to present the purchase invoice to exercise the rights.
IX.- COMPLAINT FORMS
At the postal address C/ Ciudad de Cartagena 23, Paterna with postal code 46988 Valencia Spain, the consumer and / or user has at his disposal complaint forms, as established by the competent regulations in this area. Notwithstanding the foregoing, the consumer and / or user may in any case, request the referral of the same through the contact form established for this purpose in the section “customer service” or email address info@mercadoit.com, customer service form.
X.- JURISDICTION AND APPLICABLE LAW
These conditions shall be governed by Spanish law in the event that any conflict or discrepancy arises in the interpretation or application of these general conditions, against a consumer, the competent courts shall be those of the domicile of the consumer. In the case of a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Valencia (Spain).
XI.- APPLICABLE LAW AND JURISDICTION
The parties expressly submit to Spanish law and to the jurisdiction of the courts and tribunals of the city of Valencia for the resolution of any controversies or disputes that may arise from the execution or interpretation of the Order.
