These General Conditions of TerraceHeaters.com enter into force as of January 1, 2009.
Article 1 - Definitions
In these conditions shall apply:
1. Entrepreneur: the natural or legal person who is a member of TerraceHeaters.com and products and / or remote services to the consumer;
2. Consumer: natural person not acting in the exercise of professional or business and enter into a distance contract with the entrepreneur;
3. Distance contract: an agreement under which an entrepreneur by the organized system for distance selling of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
4. Technology for distance communication: medium which can be used to conclude a contract, without consumer and business simultaneously in the same area have come together;
5. Grace period: The period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for consumers within the waiting period to waive the distance;
7. Day: calendar;
8. Transaction Duration: a distance contract relating to a range of products and / or services, the delivery and / or purchasing is spread over time;
9. Durable medium "means any consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the information stored.
Article 2 - Identity of the operator
TerraceHeaters.com e.g.
trading under the name / names: Tip Top Spain Sl,
Residency-& visiting address:
Terrace Heaters.com
C/ Juan Ruiz Munoz, Marino 2, 8d
29602 Marbella
Spain
Telephone: 0034661030816
Access:
From Monday to Friday from 9:00 am to 21:00
E-mail: info@terraceheaters.com
Article 3 - Applicability
1. These general conditions apply to any offer of the entrepreneur and on any concluded agreement on the distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the distance is closed, indicate that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
3. If the distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form and be aware that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event alongside these general conditions also specific product or service conditions are, is the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 - The offer
1. If an offer of limited duration or in terms of qualification, it explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer is not binding on the entrepreneur.
3. Each offer contains such information, that the consumer is clearly the rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
* The price includes taxes;
* The possible cost of delivery;
* How the agreement will be achieved and what actions are necessary therefor;
* Whether to apply the right of withdrawal;
* The method of payment, delivery or performance of the contract;
* The deadline for accepting the offer, or the deadline for the maintenance of price;
* The level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
* If the agreement after the conclusion you are archiving with, how these consumers to consult;
* How the consumer to conclude the agreement by him popular acts can get informed, and how he can recover before the deal was made;
* Any language which, in addition to English, the contract may be entered;
* The conduct to which the entrepreneur has subjected and the way the consumer can conduct electronic consult, and
* The minimum length of the distance in case of an agreement which seeks to continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. The agreement is subject to the provisions of paragraph 4, to stand at the moment of acceptance by the consumer of the offer and meet the corresponding conditions.
2. If the consumer has accepted electronic properties, the entrepreneur immediately confirm the receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur take appropriate technical and organizational measures to protect the electronic transmission of data and he creates a secure web environment. If the consumer can pay electronically, the operator with appropriate safety precautions.
4. The operator can - within the law - to inform the consumer can meet its commitments, and of all those facts and factors relevant to a sound conclusion of the distance. If the operator under this investigation was justified in the agreement not to go, he is motivated entitled to refuse an order or request or special conditions to the implementation.
5. It will be in the product or service to consumers the following information in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send:
* A. the office address of the establishment of the business where the consumer complaints,
* B. the conditions and how the consumers of the withdrawal right can be exercised, or a clear message regarding the exclusion of the right of withdrawal;
* C. information about existing after sales service and guarantees;
* D. in Article 4 paragraph 3 of these conditions include information, unless the operator this information to the consumer has already provided before the implementation of the agreement;
* E. the requirements for termination of the agreement if the agreement has a duration of more than one years or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer to the contract without giving any reason to dissolve for 14 days. This period starts the day after receipt of the product by or on behalf of consumers.
2. During this period, the care of the consumer product and packaging. He will be the product only to the extent unpacking or use to the extent necessary to assess whether it wishes to maintain the product. If he his right of withdrawal, he delivered the product with all accessories and - if reasonably possible - in the original condition and packaging to return the entrepreneur, the entrepreneur according to the instructions provided clear and reasonable.
Article 7 - Costs for refund
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning to his account.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible and within 30 days after the withdrawal or return or refunds.
Article 8 - Exclusion of withdrawal right
1. If the consumer has a right of withdrawal, the operator may only be submitted entrepreneur clearly excluded in the offer, at least in time for the conclusion of the contract stated.
2. Exclusion of the right of withdrawal is only possible for products:
* A. by the entrepreneur to have been made to specifications of the consumer;
* B. that are clearly personal in nature;
* C. which by their nature can not be returned;
* D. which can quickly spoil or expire;
* E. whose price depends on fluctuations in the financial market on which the entrepreneur's control;
* F. for individual newspapers and magazines;
* G. for audio and video recordings and computer software that the consumer has broken seal.
3. Exclusion of the right of withdrawal is only possible for services:
* A. on accommodation, transport, catering or leisure to carry on a specific date or during a specified period;
* B. the supply with the express consent of the consumer is started before the reflection has passed;
* C. betting and lotteries.
Article 9 - The price
1. During the period mentioned in the offer, the prices of the products and / or services not increased, except price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, the operator products or services whose prices are tied to fluctuations in the financial market and where the operator does not control, with variable prices. This attachment to fluctuations and the fact that any set target prices, are in the range indicated.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract only if the entrepreneur and has agreed that:
* A. the result of laws or provisions;
* B. the consumer has the power to terminate the agreement at the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
1. The entrepreneur's winning in the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and / or usefulness and at the date of the conclusion of the agreement existing legal provisions and or government regulations.
2. By the trader, manufacturer or importer as a 'guarantee scheme does not affect the rights and claims that consumers in respect of a failure in the fulfillment of the obligations of the employer may assert against the employer under the Act and / or the distance.
Article 11 - Delivery and implementation
1. It will be the greatest possible care taken when receiving and carrying out of orders and products in assessing applications for services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms and conditions listed, the Company accepted orders expeditiously but not later than 30 days unless a longer run delivery has been agreed. If delivery is delayed, or if an order or partial can be implemented, the consumer receives them within one months after he has placed the order message. Consumers in this case the right to terminate the contract without cost, and any right to compensation.
4. In case of dissolution in accordance with the preceding paragraph, the employer the amount that consumers paid as soon as possible and within 30 days after termination, back pay.
5. If delivery of an ordered product proves impossible, the operator will endeavor to make available a replacement item. By the delivery will be clear and comprehensible manner reported that a replacement item is delivered. For replacement items can not exclude the right of withdrawal. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products is based to the time of delivery to consumers in the business, unless otherwise expressly agreed.
Article 12 - Duration Transactions
1. The consumer may contract for an indefinite at any time denounce this purpose agreed termination notice rules and a maximum of one Mon
2. A contract for a fixed time has entered a period of up to two years. If it is agreed that the silence of the consumer distance contract will be renewed, the agreement will continue as a contract of indefinite duration and will continue after the notice of the maximum contract amount to one months.
Article 13 - Payment
1. Unless subsequently agreed, the amounts owed by the consumer to be paid within fourteen days after delivery of the goods or in case of an agreement to provide a service et h, within 14 days after issuance of the documents relating to this agreement.
2. When selling products to consumers in general terms may never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the agreed payment has occurred.
3. The consumer has the duty to errors in data supplied or specified payment promptly to notify the operator.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer made known to charge reasonable costs.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under the complaints procedure.
2. Complaints about the performance of the contract must within a reasonable time, fully and clearly described and submitted to the operator, after the consumer has found the defects.
3. When entrepreneur complaints within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time demands, by the operator within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
4. If the complaint can be resolved by mutual agreement creates a dispute that is susceptible to the dispute.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer which these general conditions apply, only Spanish law.
Article 16 - Warranty Industry
1. TerraceHeaters.com will, quickly, the obligations of the operator to the consumer imposed binding opinion on where these entrepreneurs are not obligations within the time period prescribed in the binding opinion is fulfilled . The takeover by TerraceHeaters.com obligations of the operator is suspended if and to the extent that binding opinion within two months of the date thereof in accordance with the Rules of the Arbitration Board for review and submitted to the court is forfeited by the force of res range from the verdict which the court has declared ineffective binding opinion.
2. For purposes of this guarantee requires that the consumer a written appeal to this end, TerraceHeaters.com and that his claim to the operator over to TerraceHeaters.com.
Article 17 - Additional or different terms
Additional or different terms of these provisions may not be detrimental to consumers and should be put in writing or in such a way that the consumer in an accessible way can be stored on a durable medium.
Article 18 - Amendments to the terms and conditions
1. TerraceHeaters.com will not change these general conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after it published an appropriate way, with the proviso that appropriate amendments for the duration of an offer to the consumers most favorable determination will prevail.
