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Terms and conditions

"GENERAL CONDITIONS

Sale of Maxport SA , on-line SHOP Maxport, SA "

Through this document, the general conditions of the contractual relationship are established, the purpose of which is the sale of products offered from the website www.maxport.es , owned by MAXPORT, SA (hereinafter THE SERVICE PROVIDER), with fiscal address at C / Los Yebenes, 82 - 28047. MADRID - SPAIN Any claim that the CONTRACTING PARTY needs to transfer to the SERVICE PROVIDER must be made in writing to the postal address indicated in the preceding paragraph, or to the e-mail address info @ maxport.es.

FIRST. - PURPOSE OF THE GENERAL CONDITIONS

By these General Conditions THE SERVICE PROVIDER agrees to deliver to the CONTRACTOR the products that he has requested through the website www.maxport.es in exchange for a certain price.

By purchasing the products available on this website, the CONTRACTOR declares that:

1. That he is a person of legal age and with the capacity to contract.

2. That you have read, understood, and accept these General Conditions.

SECOND. APPLICABLE LEGISLATION

These General Conditions are subject to the provisions of the Law of Consumers and Users of 2007 (Royal Legislative Decree 1/2007, of November 16), to Law 7/1998, of April 13, of General Conditions of the Recruitment. Both laws come to develop Community Directive 93/13 / EEC on clauses in consumer contracts. Likewise, they comply with the requirements of Law 7/1996, of January 15, on Retail Trade Management, Law 34/2002, of July 11, on Information Society Services, and in the Regulation of telephone or electronic contracting with general contracting conditions (RD 1906/1999, of December 17). The data obtained for the successful conclusion of the contract is obtained and processed in accordance with LO 15/1999, of December 13, Protection of personal data.

THIRD. ALTERATION OF THE GENERAL CONDITIONS

THE SERVICE PROVIDER reserves the right to modify these General Conditions at any time, without the need to previously notify the CONTRACTING PARTY, who in any case, is responsible for reviewing them as a prerequisite to the acquisition of any product available through this page. Web. In any case, the General Conditions that are exposed to the web at the time that the CONTRACTOR purchases the corresponding products will be considered valid and applicable. In the case of contradiction between these General Conditions and the Particular Conditions derived from the purchased product, the latter will prevail unless the General ones are more beneficial for the consumer who has adhered to them when making the purchase, in which case the present.

QUARTER. - RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

4.1. Product delivery. - THE SERVICE PROVIDER agrees to deliver the product in perfect condition to the address that the CONTRACTING PARTY indicates in the order form where the particular conditions that are attached to these General Conditions are stated. THE SERVICE PROVIDER will not be responsible for errors caused in the delivery when the data entered by the CONTRACTING PARTY in the order form do not conform to reality or have been omitted. The delivery time for all items in stock will be a maximum of 48-72h. For the rest of articles, the maximum term will be 7-10 days. In any case, when adding an item to the shopping cart, the delivery time for each item will be indicated, as well as shipping costs. Both information will always appear prior to the formalization of the order. In the event that the product is not found in stock, THE SERVICE PROVIDER will inform the CONTRACTING PARTY of the new term by email.

4.2. Responsibility of the SERVICE PROVIDER. - THE SERVICE PROVIDER will in no case be responsible in relation to:

4.2.1. The errors or delays caused by the CONTRACTING PARTY when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any circumstance that may arise when these incidents are due to problems on the Internet, due to fortuitous causes or force majeure and any other unforeseeable contingency unrelated to the service provider's good faith or unrelated to the proper functioning of its electronic contracting system. In any case, THE SERVICE PROVIDER undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTING PARTY to reach a quick and satisfactory solution to the incident that allows compliance with the terms and conditions of the improved sale.

4.2.2.

Of the errors or damages produced by an ineffective use of the service and in bad faith on the part of the CONTRACTING PARTY, or by the falsity of the data entered by the CONTRACTING PARTY at the time of formalization of the order. 

4.2.3.

Of the non-operation or problems in the electronic address provided by the CONTRACTING PARTY for the processing of the order confirmation.

4.2.4.

Right of withdrawal: THE SERVICE PROVIDER recognizes the CONTRACTING PARTY the right of withdrawal in the terms and periods recognized in articles 68 to 79 of the Law on Consumers and Users of 2007 (Royal Legislative Decree 1/2007, of November 16), and in art. 10 of Law 7/1996, of January 15, on Retail Trade Management, by virtue of which the CONTRACTING PARTY who has the status of consumer may withdraw the contract concluded, by notification to the SERVICE PROVIDER within the legally established period , without the need to justify their decision and without penalty of any kind, except for the direct cost of returning the good or service provided, which in accordance with art. 101 of the Law of Consumers and Users of 2007 will be in charge of the CONTRACTING PARTY.

In the case of exercising the right of withdrawal that is recognized to the CONTRACTOR who has the status of consumer, the SERVICE PROVIDER will reimburse the amount paid in respect of price and applicable taxes, to the bank account number indicated by the CONTRACTOR in the moment of formalization of the purchase. The direct cost of returning the purchased item, in the case of a distance sale, will be borne by the CONTRACTING PARTY.

The term for the exercise of the right of withdrawal is fourteen business days, counted from the receipt of the purchased item, and once the SERVICE PROVIDER has exercised, it will return the sums paid for the acquisition of the property once it has been returned the item.

In order to exercise this right, the CONTRACTOR is provided with the model withdrawal form that has been created for these purposes, for notification to the SERVICE PROVIDER, in some way admitted by law and within the established deadlines. In any case, the CONTRACTING PARTY will bear the direct costs of returning the said product, since it is a distance sale. The CONTRACTING PARTY will only be responsible for the purchase price of the product when its return is impossible due to loss, destruction or other cause that prevents it from returning the purchased item, or the decrease in value of the product is not a consequence of its use according to the nature of the item. .

Model withdrawal form, which must be sent to the following address, also sending the corresponding product:

- For the attention of the person responsible for withdrawals., Maxport SA C / Los Yebenes, 82 - 28047. MADRID - SPAIN . Email: info@maxport.es

- I hereby inform you that I withdraw from my contract for the sale of the following good / service provision (delete the one that does not apply)

-Order received on (date).

-Name of the consumer and user or of the consumers and users

- Address of the consumer and user or of consumers and users

-Signature of the consumer and user or of consumers and users (only if this form is presented on paper)

-Date.

It should be noted that if the product is not returned in its original packaging, the good will suffer a depreciation.


4.2.5. Guarantees: THE SERVICE PROVIDER undertakes to deliver the product in perfect condition, being exempt from all liability in relation to possible breakages or defects in the product packages produced after delivery to the CONTRACTING PARTY and which have been caused directly by it due to misuse of the product.

THE SERVICE PROVIDER will be responsible for the conformity of the product sold with the form that appears on the website at the time of its acquisition or that is released to the CONTRACTING PARTY, and its correct operation. The CONTRACTING PARTY, before signing the delivery of the order, must check that the product is in perfect condition. However, THE SERVICE PROVIDER will not respond for lack of conformity that the CONTRACTOR knew or could not have justly ignored at the time of the conclusion of the contract, or that are caused by an incorrect assembly of the product by the buyer when the instructions of Installation has been supplied and are clear and without descriptive errors. Nor will it be liable for all the damages that the CONTRACTING PARTY causes in the purchased product due to a manifest misuse of it by him.

4.2.6. Terms: THE SERVICE PROVIDER responds for a period of two years, starting from the delivery of the product, for any lack of conformity that manifests itself, in relation to these General Conditions and the sheet corresponding to the purchased product, although only the lack of conformity in the six months after the delivery of the product will be presumed to have existed when the thing was delivered, unless proven otherwise. In any case, the CONTRACTING PARTY has a period of two months to inform THE SERVICE PROVIDER of the lack of conformity of the product, from the moment it has been detected. Failure to comply with said term, although it will not mean the loss of the corresponding right to sanitation, will cause the CONTRACTOR to be responsible for the damages or losses effectively caused by the delay in communicating the lack of conformity.

If the product is not in accordance with the contract, the CONTRACTING PARTY may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. In cases of non-conformity of the product, repair or replacement will be free for the CONTRACTOR who has the legal status of consumer and user in accordance with the applicable regulations. It must be carried out within a reasonable time.

When repair or replacement is not possible, the CONTRACTING PARTY may demand the price reduction or the termination of the contract, although in no case will the resolution proceed when the lack of conformity is of little importance.

FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY

5.1. Payment. - The CONTRACTING PARTY agrees to pay in advance the amount for the product actually requested in the following amount and form:

5.1.1. Amount. - The remuneration for the product actually requested by the CONTRACTING PARTY based on the requested product will be that indicated on the website and that which appears in the CONTRACTOR's specific request at any time, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website always appear with VAT included.


In addition to the price that appears on the website for each of the products offered, the corresponding shipping costs must be added. In the case of rates that the SERVICE PROVIDER does not apply at any time, they will always be the official offers by the state postal service or by private courier companies; THE SERVICE PROVIDER will not generate any benefit for these rates, which undertakes to communicate the overall cost of both the product and the costs of shipping always previously to the CONTRACTING PARTY before formalizing the purchase itself and to the confirmation email thereof.

5.1.2. Payment Methods. - The CONTRACTING PARTY must pay the amount corresponding to the product purchased, by transfer, credit card and paypal.

5.2. CONTRACTOR's responsibility. - In any case, it will be the CONTRACTOR's responsibility:

5.2.1. Assume all risks of deterioration, damage and loss of the products from the moment they have been made available to you by the third party who, on behalf of the SERVICE PROVIDER, delivers the requested products.

5.2.2. Check the good condition of the package in front of the third party that, on behalf of the SERVICE PROVIDER, performs the delivery of the requested product, indicating on the delivery note any anomaly that it could detect in the packaging. If, after reviewing the content, the CONTRACTING PARTY detects any incident such as blows, breakage or any damage caused by the referral, the latter agrees to notify the SERVICE PROVIDER in the shortest possible time.

SIXTH. - PERSONAL DATA PROTECTION

6.1. We inform the CONTRACTING PARTY of the existence of a file and request for consent for the automated processing of the data: In relation to the personal data provided by the CONTRACTING PARTY to the forms that may be on its website, THE SERVICE PROVIDER strictly complies with the current regulations established in Law 15/1999 on the Protection of personal data and other regulations that develop it and inform the CONTRACTING PARTY that the aforementioned data will be included in a file for automated processing, the CONTRACTING PARTY giving their consent by accepting these General Conditions of said treatment.

6.2. Purpose of the treatment: THE SERVICE PROVIDER collects certain personal data that are entered by the CONTRACTING PARTY into the form to formalize the sale of the products. THE SERVICE PROVIDER informs that it will automatically manage this data. THE SERVICE PROVIDER will process these data for the invoicing and the remission of the product, as well as for the periodic remission of offers and commercial information to the CONTRACTING PARTY. In any case, the data collected and processed by the SERVICE PROVIDER are basic for the purposes indicated above.

6.3. Obligation to enter the data: the fields in which a red box appears in the existing forms are those that require a mandatory response and, if not covered, the consequence would be the impossibility of sending the query or making the specific request.

6.4. Rights of access, rectification, cancellation and opposition: The CONTRACTOR who enters their personal data in the different registration forms, will have full right to exercise the rights of access, rectification, cancellation and opposition at any time by requesting it by mail to MAXPORT SA ,

SL, with address C / Los Yebenes, 82 - 28047. Madrid or by email to info@MAXPORT.es , including in both cases a copy of the DNI or other document proving the identity of the owner of the data. THE SERVICE PROVIDER reiterates that it undertakes to respect and absolute confidentiality in the collection and treatment of the CONTRACTOR's personal data, declaring its commitment to not transfer it to third parties in any case, without the prior consent of its owners.

6.5. Security. - THE SERVICE PROVIDER ensures the absolute confidentiality and privacy of the personal data collected and for this reason essential security measures have been adopted to avoid alteration, loss, unauthorized treatment or access and thus guarantee its integrity and security, especially those provided for. to Royal Decree 994/1999, of June 11, which approves the Regulation on security measures for automated files that contain personal data. THE SERVICE PROVIDER will not be responsible in any case for incidents that may arise around personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect due to the security measures implemented or when it is due to a lack of diligence of the CONTRACTING PARTY in relation to the guard and custody of their access codes or their own personal data.

6.6. Accuracy of the data. - The CONTRACTING PARTY is responsible for the veracity of their data, agreeing not to enter false data and proceed to modify them if necessary.

SEVENTH. - RESPONSIBILITY

7.1. THE SERVICE PROVIDER will in no case be responsible for:

7.1.1. Errors and incidents that may occur in communications or incomplete transmissions so that it is not guaranteed that the services of the website are constantly operating to make purchases of the products offered.

7.1.2. From the production of any type of damage that the CONTRACTING PARTY or third parties may cause to the website, preventing the normal development of the purchase operation.

7.2. THE SERVICE PROVIDER reserves the right to suspend access to the website without prior notice in a discretionary manner and with a definitive or temporary nature

to ensure effective liability for any damage that may occur. Likewise, THE SERVICE PROVIDER will collaborate and notify the competent authority of these incidents at the time that it has reliable knowledge that the damages caused constitute any type of illegal activity. Notwithstanding this, for those CONTRACTORS who have purchased a product on the website prior to the suspension, they are guaranteed the exercise of the rights of withdrawal, or those derived from the lack of conformity of the product, by postal or electronic communication to the addresses indicated in the heading of this document.

EIGHTH. - COPYRIGHT

THE SERVICE PROVIDER informs that the Web site www.MAXPORT.es , - its own content, programming and the design of the Web site - is fully protected by copyright, all reproduction, communication, distribution and transformation being expressly prohibited. of the aforementioned protected elements except for express and written consent of the SERVICE PROVIDER.

NINTH. - APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions are governed by Spanish law. To resolve any controversy or conflict arising from these General Conditions, THE SERVICE PROVIDER submits to the criteria of competence determination established in the applicable legislation on consumers and users.


TENTH.-

In the event that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. THE SERVICE PROVIDER may not exercise any of the rights and faculties conferred in this document, which will not imply in any case the waiver of the same except for express recognition by the SERVICE PROVIDER.

ELEVENTH.- Use of cookies:

For the use of some functionalities of the website, the use of cookies is necessary. Cookies are used to add products to the basket and thus be able to make the purchase. They are also used to customize navigation for each user.

If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser to expand this information.

We remember the importance of checking the packaging and the product it contains at the time of receipt; In case of detecting any anomaly, it should be reflected in the delivery note or invoice of the carrier and take photographs that reflect the incident for the purposes of its correct analysis. Subsequently, with all the documentation, communicate it immediately in writing to maxport.es .

RETURNS:

It is possible to return the products purchased within a period of 14 calendar days from the date of receipt of the order. Used products or products without the original packaging will not be accepted. If the product is not returned in the same original packaging, the good will suffer a depreciation, fulfilling the conditions that regulate Law 47/2002 on trade management.

       

VERY IMPORTANT


PROCEDURE FOR THE RECEIPT OF ORDERS

We mainly have 3 categories of packages:

A) Weight from 1kg to 30kg and with measures less than 1m x 1m x 1m - Delivery will be made to the door of the CONTRACTOR's home.

B) Weight from 31kg to 1000kg and with measurements below 2.3m - Delivery will be made at street level where the truck can lower the merchandise to the ground with a platform. The transport of the package to the interior of the house, farm or premises is not the responsibility or work of the carrier, unless previously contracted.

C) Weight from 31kg to 1000kg and with measurements greater than 2.3m - It will only be included in transport to the CONTRACTOR's address, unloading at street level is not included. These measurements exceed the width of the truck and it is impossible to unload by pallet truck from the rear. In order to unload the merchandise from the truck, the CONTRACTING PARTY must have the necessary means such as an elevator or personnel. It is not the responsibility or work of the carrier to unload the street of the order, unless it has been contracted previously.

You should always:

1.- Check that the contents of the delivery note correspond to the expected merchandise.

2.- Confirm that the packaging is in perfect condition at the time of receipt, this includes the complete metal straps without faults or repaired cuts, also check that there are no openings in the gray plastic film that surrounds the complete package. And note that the package in appearance does not reveal any anomaly.

3.- If you consider that the product is not in good condition, always record it in writing on the delivery note of the carrier, clearly explaining the incident and taking photographs that reflect the problem. ATTENTION: IT IS NOT VALID TO SIGN. "EXCEPT FOR EXAMINATION OR REVIEW PENDING", when the deficient conditions are manifest, it is necessary to be much more specific, including explanatory text and, in the last case, to contact our company or reject the reception.

PROCEDURE FOR PROCESSING A NON-CONFORMITY WITH THE PACKAGE CONTAINER OF THE PURCHASED ITEM.

1.- In case of detecting any anomaly in the package, the person who receives the merchandise must reflect this problem in writing on the delivery note of the carrier. Indicating the date and time of the download along with a clear description of the detected problem and taking photographs as a backup for the subsequent process. EYE It is NOT valid to point on the delivery note of the carrier "except for examination or pending revision", you must be much more specific including explanatory text and ultimately contact our company or reject receipt

2.- Once the procedure has been carried out and a problem has been detected, inform MAXPORT SA IN WRITING of said disagreement by attaching a copy of the delivery note.

reception where the comment of the detected incident is reflected in addition to the photographs that support said disagreement within a period not exceeding 8 hours of receiving it in order to manage the incident. This speed of response is the one required by the insurance company of the merchandise and is the ONLY way to demand the corresponding responsibilities since from the moment the merchandise is received, there are 24 hours to carry out the procedure, otherwise it will not it will be possible to demand any type of responsibility from MAXPORT SA to the carrier.

As a company we understand that delivery service is a fundamental pillar within the Supplier-Client chain . For this reason, we request your collaboration in this area, since we understand that it will bring us mutual benefits.

PENINSULA SHIPPING COSTS

1kgs - 4.5 

3kgs - 5.5 

5kgs - 5.95 

7kgs - 6.5 

10kgs - 3.95 

15kgs - 7.5 

30kgs - 8.95 

40kgs - 9.95 

50kgs - 12.95 

60kgs - 14.95 

70kgs - 16.95 

80kgs - 19.95 

90kgs - 21.95 

100kgs - 22.95 

120kgs - 25.95 

140kgs - 31.95 

160kgs - 42.95 

180kgs - 46.95 

200kgs - 52.95 

300kgs - 62.92 

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