GENERAL CONDITIONS OF SALE
Last revision date: February 2, 2023
- AREA OF APPLICATION
These General Conditions of Sale (hereinafter, the General Conditions) apply to any purchase of goods or products (hereinafter, the Products) that are made on this Website www.pegasosafety.com owned by OPTOR, S.A.U. with headquarters at Calle Quintana i Millars 2, Nave G- Pol. Ind. Almeda, Barcelona – Spain and with NIF A-08634917.
These General Conditions may be modified at any time, so it is recommended that, each time the Client navigates or is going to make the purchase of a Product through the Website, they consult them again, since those that are in force at the time the purchase is made.
2.1. How to order?
In order to purchase any of the OPTOR, S.A.U. Products, the Client must follow the following steps:
1.- To place an order, the Client must select the Products he wishes to buy, which will be added to the “shopping cart” of the Website. Once all the Products have been selected, if you want to continue with the operation, you must click on “finalize purchase”.
4.- The Client must provide the following information so that OPTOR, S.A.U. can send the Products: name and surname, full address, email and contact telephone number. These data will be saved in the database of OPTOR, S.A.U. and they will only be visible by authorized personnel. In any case, the Customer may correct errors related to the personal data provided during the purchase process by contacting the customer service by phone +34 932 048 110, or by email at firstname.lastname@example.org. If the Customer detects an error in the order after the completion of the payment process, he / she must immediately contact the customer service, through the aforementioned telephone or email address, to correct the error. .
5.- If available, the Client may enter discount codes or coupons to reduce the final price of the “shopping cart”.
6.- Once the Customer has expressly accepted the General Conditions and has entered the data for the shipment, they can formalize the payment.
2.2. Availability and responsibility
All orders are subject to the availability of the Products. If difficulties arise in terms of the supply of Products or due to lack of stock, OPTOR, S.A.U. will refund the amount paid for them.
OPTOR, S.A.U. It is not responsible for delays in the delivery of orders or the impossibility of carrying them out when the cause is due to events of force majeure. Among other causes, force majeure events are understood: accidents, strikes, fires, meteorological causes, natural disasters such as storms, earthquakes, epidemics and problems in transport or telecommunication systems.
The responsibility of OPTOR, S.A.U. In relation to any Product purchased on the Website, it will be strictly limited to the purchase price of said Product.
- PRICE / PAYMENT
3.1. Product Price
The prices of the Products on the Website are indicated in euros and include taxes related to the sale of Products, including Value Added Tax (VAT). OPTOR, S.A.U. reserves at any time and unilaterally the right to modify the price of the products and services offered through the Website. To guarantee the Customer the certainty of the price of their Products, this will be the one in force in the advertising coinciding with the moment of formalizing the order.
The price of the Products does not include the cost of shipping them, which will appear itemized before formalizing the payment.
The Client has the following means of payment when purchasing Products on the Website:
- Debit / credit card: for payment by debit / credit card, the Customer must follow the instructions that appear on the sale screen, providing the number and type of card, identification code and holder. OPTOR, S.A.U. uses the Comercia Global Payments service, which incorporates the SSL security standard, so that the confidential data of the debit / credit card is transmitted in encrypted form to the bank’s server, without registering on the server of OPTOR, S.A.U.
- Paypal: you can formalize the payment through your Paypal account to place the order. If you choose this means of payment, you will be redirected to the Paypal page to identify yourself with your username and password.
The acquisition of the Products is made through the “PLACE ORDER” button on the Website and once the General Conditions have been expressly accepted.
3.3. Value Added Tax and Billing
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
Likewise, OPTOR, S.A.U. will send the Client, within a maximum period of 48 hours, a confirmation of the order made with all its terms to the email address that he has indicated.
If an electronic invoice is required, it must be indicated at the time of ordering.
4.1. Delivery times
For the purposes of these General Conditions, it will be understood that the “delivery” has occurred or that the Products have been “delivered” at the moment in which the Client or a third party indicated by the latter acquires material possession of the same.
Deliveries are made to the address indicated by the Customer when placing each order. From the formalization of the purchase to the delivery of the order, a maximum of two (2) working days may elapse for deliveries in the Peninsula, up to three (3) working days for the Canary Islands, Ceuta, Melilla, and the rest of the countries with maximum variables. according to the country. The Products will be delivered from Monday to Friday, excluding holidays in the destination town.
If for any reason OPTOR, S.A.U. could not meet the expected delivery date, you will be informed of this circumstance and you will be offered the option to go ahead with the purchase by establishing a new delivery date or cancel the order with a refund of the price paid.
During the purchase process you will be informed of the shipping costs. The amounts will be the following:
|Localización||Gastos de envío|
|Península y Baleares||2,90 € + IVA|
|Baleares||5 € + IVA|
|Canarias, Ceuta y Melilla||10 € + IVA|
|Alemania/Francia||10 € + IVA|
|Bielorrusia, Dinamarca, Estonia, Finlandia, Islandia, Islas Åland, Islas Feroe, Letonia, Lituania, Moldavia, Noruega, Rumania, Rusia, Suecia, Ucrania||15€ + IVA|
|Resto de UE||12 € + IVA|
|Resto del mundo||30 € + IVA|
- PRODUCT WARRANTY
5.1. Warranty coverage
The Products of OPTOR, S.A.U. They are guaranteed for a period of 3 years, from delivery, against any manufacturing, design or material defect. During the warranty period, OPTOR, S.A.U. undertakes, at its option, to exchange or refund the Products recognized as defective. The warranty does not include:
– Damages to the Product resulting from normal wear and tear, taking into account its nature, function and composition; neither
– All Product defects that may result from faulty installation, storage, conservation or assembly, a maintenance defect, incorrect use or use not in accordance with the technical or use specifications (non-observance of the maintenance recommendations), modifications or repairs made by the Client or a third party, deterioration caused by external objects, external events such as accidents, blows, fires, acts of vandalism, damages caused by water, natural or artificial lights (in case of discoloration), natural disasters or weather conditions adverse.
5.2. Warranty application
To apply the guarantee, the buyer will contact the customer service of OPTOR, S.A.U. Through the email address email@example.com or by calling +34 932 048 110. The shipping costs as a result of the application of the guarantee will be paid by OPTOR, S.A.U. However, it will be necessary to present the invoice to be able to enjoy the guarantee.
- RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase of a Product within a period of 14 calendar days without the need for justification. This period will begin to run from the moment the Client acquired the material possession of the Product. In the event that the goods that make up the order are delivered separately, the period will begin to run 14 calendar days from the day the Customer acquired material possession of the last of those Products.
For greater convenience, the following withdrawal form is provided:
For the attention of:
I hereby inform you that I am withdrawing from my contract for the following Product or Products with reference no.
Date of purchase
Name of the buyer
– If the shipping address is different from that of the buyer, you must fill in the following information:
Consumer signature Date
It will not be possible to invoke the right of withdrawal in the following cases:
a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the Client and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by OPTOR, SAU, you will have lost your right of withdrawal.
b) The supply of Products or the provision of services whose price depends on fluctuations in the financial market that OPTOR, S.A.U. can not control and that may occur during the withdrawal period.
c) The supply of Products made according to the Customer’s specifications or clearly personalized.
d) The supply of Products that may deteriorate or expire quickly.
e) The supply of sealed Products that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of Products that after delivery and taking into account their nature have been inseparably mixed with other Products.
Once the withdrawal has been made, OPTOR, S.A.U. will reimburse the amount paid for the Products (including shipping costs) within a maximum period of 14 calendar days from the date the returned Product is received and through the same means of payment with which the purchase was made. However, the shipping costs for the return of the Products will be paid by the Customer.
No amount will be refunded in the event that the Product has been used or has suffered any damage, so it must be returned in the same conditions in which it was delivered, including all instructions, documents and packaging of the Product. This will be without prejudice to the Customer’s right to open and unpack the Product for the purposes of testing, analyzing and evaluating it in order to make a decision on its final acquisition.
In the event of loss, destruction or any other cause that prevents the return of the order for reasons attributable to the Customer, the latter will be liable for the market value that the provision would have had at the time of exercise of the right of withdrawal, unless the said value is higher at the acquisition price, in which case it will be liable for this.
- INDUSTRIAL AND INTELLECTUAL PROPERTY
All content displayed on the Website and, especially, designs, texts, graphics, images, databases, software, sounds, brands, logos or any other signs susceptible to industrial and commercial use, are subject to the rights of intellectual and industrial property of OPTOR, SAU, or of third parties whose use has been duly authorized.
In no case does access to the Website and / or its use imply any type of waiver, transmission, license or total or partial transfer of said rights, nor is it conferred any right or expectation and, especially, of alteration, exploitation, reproduction, distribution or public communication of said content, without the express prior authorization of OPTOR, SAU or the corresponding holders.
No link to the Website may be established from any other Website without the prior and express consent of OPTOR, S.A.U.
The Website, the information published, will be written in English and Spanish, with the Client choosing the language.
- APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed by Spanish legislation. Any dispute that may arise from the application or interpretation of these General Conditions will be resolved before the jurisdiction of the Courts and Tribunals of the city of (Barcelona), waiving any other jurisdiction that may be applicable. However, any controversy that may arise between OPTOR, S.A.U. and the Client will be resolved before the jurisdiction of the Courts and Tribunals of the Client’s domicile or the place of fulfillment of the obligation.
- TREATMENT OF PERSONAL DATA
In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on Protection of Personal Data and guarantee of digital rights, the personal data provided by reason of the use of the Website is will be included in a database for which OPTOR, SAU is responsible and that it complies with technical and organizational measures in order to protect said data.
- ONLINE DISPUTE RESOLUTION
In compliance with the provisions of Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, in the event that the buyer has the status of consumer, we inform you of the existence of an out-of-court online dispute resolution platform made available by the European Commission through which consumers may submit their complaints: