|General Terms and Conditions|
These General Terms and Conditions (hereinafter “T&C”) expressly regulate the relations arising between PRO TEAM ONLINE SAU (hereinafter "PTO"), registered in the Barcelona Trade Register, Tome 44.357, Folio 167, Sheet 453761, Inscription 1 and NIF A66285560, and third party, purchaser of product(s) (the "Customer" or "Customers") from the official online store of PTO (tools4pro.com).
The purchase of product(s) on tools4pro.com website is forbidden for minors under 18 years.
PTO reserves the right to modify the commercial offer presented on the online portal at any time (changes applied on product descriptions, prices, promotions and other commercial conditions and of service); these changes will not apply to transactions and acceptances conditions previously realized.
The pictures illustrating the products do not fit into the contract and does not lead to a compromise from the part of PTO.
2. Place an order
To order on tools4pro.com, the customer must select the product(s) he/she want to buy and add them to the cart.
From the cart, which is considered as the section prior to the finalization of the purchase process, the order information is provided: selected products; quantities (with the possibility to increase, reduce or remove products from this section); the exact price of each product in EUR; applicable shipping costs; Taxes and charges applicable to each product; the total amount of the order before and after application of existing taxes and the estimated delivery time. Once the cart of the order is accepted or confirmed, the customer is redirected to the process of identification or account registration if it is the case of a first purchase.
To make his first purchase, tools4pro.com customer must register for the "CONNECTION" section - "LOG IN" by completing a form in which he will inform its personal information.
The customer can specify a billing address which is different from the delivery address of the order.
The formalization of the acquisition of the products offered by PTO is made only when the payment is done. This happen after selecting one of the various payment methods (appearing at the bottom of the order page) and after the acceptance these General Terms and Conditions, without application for subsequent changes made to the T&C.
From the acceptance of these conditions, the user become PTO customer as described in the T&C. Any product subsequently sold by PTO will require a new acceptance of the T&C.
If the customer wishes to read more carefully the General terms and conditions of sale, the customer can print the document on paper or save it in electronic format.
Once the T&C are expressly accepted, PTO will send to the Customer the proof of the contract and its terms in force, by email or any other equivalent means of electronic communication, within 24 hours after purchase.
PTO informs that electronic documents formalizing transactions will be archived and will remain accessible to customers at any time, upon written request addressed to email@example.com.
If the Customer make a mistake during the registration process and acceptance of the T&C, he may, at any time before the finalization of the same purchase order, send a rectification request to the email address firstname.lastname@example.org. Otherwise, the customer will have to wait for delivery to begin the process relating to returns.
3. The cart
From the cart, which is considered as the section prior to the finalization of the purchase process, the order information is provided: selected products; quantities (with the possibility to increase, reduce or remove products from this section); the exact price of each product in EUR; applicable shipping costs; Taxes and charges applicable to each product; the total amount of the order before and after application of existing taxes and the estimated delivery time. Once the cart of the order is accepted or confirmed, the customer is redirected to the process of identification and payment.
Specifically, the total price of all products, taxes and fees and the shipping cost will be communicated to the Customer before finalizing its purchase from the section of the "cart".
PTO accepts different payment methods for the payment of the purchase orders:
If the order includes multiple items, the payment method applies for the payment of the whole order and therefore on all products. Once the order is processed, an email confirming the order and the data is sent to the customer.
5. Prices and product availability
The sale is finalized once it is accepted by PTO. PTO reserves the right to admit and cancel orders, by refunding the amount paid by the customer PTO will be free from any other obligation.
Orders will be strictly processed in order of receipt, in accordance with Article 9 of the Spanish Law of Retailing.
If a product is out of stock, the customer will be informed of the situation; similar or equivalent products to the one ordered will be offered to modify the order; or the amount paid for the unavailable product will be refunded.
The invoice will be sent electronically via email to the address indicated by the Customer during the registration process and at the latest at the time of delivery of the goods.
The Customer can request the printed invoice by answering the email confirmation, with the invoice attached, to email@example.com. Customer may request a printed copy of the invoice at any time by sending a request to firstname.lastname@example.org.
The contract language between PTO and the Customer is Spanish, and English, German and French for sales outside Spain. In case there would be a divergence between the texts, the Spanish version prevails.
8. Product shipping
PTO will proceed with the shipment of the product(s) only after checking the payment of the related order.
PTO will attempt to deliver the product within the approximate transit delay indicated to the Customer before the end of the purchase process from the “cart” screen and in any case within a maximum period of 30 days.
Delivery will be considered as done in the period mentioned when a delivery attempt is made at least once, at the address indicated and the delivery schedule indicated by the Customer during the process of purchase.
Deliveries are only made in France; Spain (except Ceuta, Melilla and the Canary Islands); Great Britain (except Scottish offshore islands, Isle of Man, the Channel Islands, Aberdeen, Peterhead, Shetland and Orkney, and the Western Islands); Ireland; Belgium; Luxembourg; Monaco; Italy; Germany and Slovakia. If the destination of delivery requires a customs passage PTO cannot be responsible and pay the costs consequent to the Customs clearance process.
If the delivery date is delayed more than 10 days, compared to the originally specified time, PTO will contact the customer to inform him and the customer may cancel his order according to the return conditions and in order to get a partial of a full refund of his order by transfer Bank, repayment of credit card billing or refund on the PayPal account depending on the payment method selected by the customer.
There is no delivery service on Saturdays, Sundays and bank holidays since these days are not considered as working days.
In case this is not possible to provide one (or more) product(s) of an order that includes one (or several) other(s) product(s) available(s), PTO will contact the customer to inform on the estimated time of arrival of the whole order (all the products together), then according to the customer answer and preference, PTO can proceed to reimburse the amount paid, including transportation costs, for the product(s) not available but will keep the payments made for products available as well as the shipping costs related.
If it is not possible to provide a product that is part of a series of products offered together (special promotion), it shall be considered that all products cannot be provided and, therefore, PTO will proceed to full reimbursement of the price of the series (Product Group/promotion) as well as shipping costs.
It is totally prohibited to resell products purchased tools4pro.com.
If the customer want to cancel his order when this one is in transit, he/she have to proceed to return the product in accordance with the product returns conditions in order to cancel his order.
The proof of delivery confirms the products were delivered in good conditions from PTO & the transportation company. The customer must check the conditions of the parcel and confirm there is no issue before signing a clean proof of delivery. If there are observables damages on the package (guarantee strip ripped, damaged, deformed or open packages) the customer must open the parcel with the driver, check its contents and note the observable damages on the proof of delivery before signing the document.
By signing a clean proof of delivery, the customer confirm that the items were delivered in good conditions. Therefore, PTO won’t assume further costs related to damages in transport if there is no comment on the proof of delivery.
In case the order cannot be delivered and the carrier returns the parcel because of the customer fault (parcel in good conditions), conditions are the same as an order cancelation and the return conditions are applicable.
During the first 14 working days after delivery of an order, the customer can return a product without the need of justification.
If the order includes several products that were not delivered all together, the delivery date considered is the date the last item was delivered.
To exercise this right, the customer must communicate his return request by email to the email address email@example.com before the previously mentioned delay, indicating the order number, the reference and the serial number of the product(s) he wants to return and following the instructions provided by the customer service; or by completing and sending the form attached to the present T&C by post, fax or email to the address previously indicated, or by any other way of communication allowing PTO to certify the content and receipt of the return request.
All product must be returned in perfect condition, sealed in its unopened original packaging and with all accessories included, exactly as it was received. PTO will not accept the return of used merchandise or already tried products or which packaging has been opened.
Product returns must be done at the address of PTO’s warehouse in Terrassa, indicated below, within fourteen (14) days from the date of acceptance of the return. The reverse case, the goods will be refused and returned. The customer must bear the cost of returning the goods.
48 Carrer Pisuerga
After PTO check and confirm the good condition of the goods, the product value will be refunded to the Customer within fourteen (14) calendar days from the date PTO has been informed on the return request, and will use the same payment method as was used by the Customer during purchase process unless the customer makes a special request.
The right of withdrawal and return will not be applicable in the following cases:
Unless otherwise proven, it is considered that the product is in compliance with the contract provided, and meet all the conditions set out below, unless the circumstances of a particular case, in which one of them is not applicable:
a. It is keeping with the description given on PTO’s webpage
b. It is suitable for ordinary use, purpose of this kind of products, and present the same qualities and features as another product of similar characteristics the Customer ay reasonably expect according to the product nature.
c. They are suitable for any specific purpose required by the customer when PTO has been informed at the time of the celebration of the contract, if PTO has confirmed that the product is suitable for the use mentioned.
In case of conflict of the product with the contract, PTO proceed - in each case and depending on which corresponds - to repair, replace, offer a price reduction or terminate the contract in accordance with section eleven (Art. 11) below.
PTO provides customers with warranties on the products sold through the internet page tools4pro.com, within the legal framework established for each type of product, and will respond for the same, in case of non-compliance of one of those on delivery.
In this context, if a product delivered is not compliant with the description, PTO must take care of the issue. When possible, PTO will ship the replacement parts in order to repair the tool, contact the manufacturer technical service or make a partial refund.
For appropriate purposes, it is considered that the products is conformed to the contract when these meet the statement of article ten (Art. 10) above.
After the completion of the repair and the product delivered, if these does not conform to the contract, the Customer may choose between demanding the repair of the product (unless this results disproportionately), a lower prices or termination the contract.
Similarly, in case the replacement would fail to bring the product into compliance with the contract, the Customer may choose between demanding the repair of the product (unless it is disproportionate), a price reduction or termination of contract.
If repair or replacement is not possible, the Customer may choose between a price reduction and termination of the contract, unless the non-compliance of the product is minor.
Product are guaranteed by the manufacturer during two years. The manufacturer offers a technical support for all the customers.
Notwithstanding the previous statement, the warranty will be null if the product failure or damaged result from the misuse or lack of maintenance or care from the customer, against the manufacturer's instructions.
For appropriate purposes, note that the customer must provide the invoice related to the purchase of the product in order to assert his right according to this clause.
In addition, it is noted that in case the producer or manufacturer offers additional commercial guarantee to the legal guarantee, regulated by this clause, PTO cannot be responsible for the accomplishment of this extended warranty from the manufacturer or producer, and therefore, the customer must require the manufacturer to do so.
12. Customer Service
For information, incidence, complaints or claims that result from purchasing products, PTO provide the customers with a Customer Assistance Service by phone at 34 937001489; by email to firstname.lastname@example.org or by mail at the following address: Ctra. Matadepera 74, 08225, Terrassa (Barcelona), SPAIN.
Customer may request evidence and documents relating to his claim, which will be processed within the shortest time possible and, in any case, within a maximum period of one month, asking by email to email@example.com, the evidence of his written communication with the Customer Assistance Service, by providing the reference code of the claim, which will be the same as the reference his order (since the order number is unique).
Any communication made by PTO to its customers, including communications relating to the purchase of products, will be sent to the contact details (email, telephone and/or address) provided within the account registration form.
14. Customer Responsibilities
The Customer commit to make legal use of the products supplied by PTO, without contravening the applicable legislation or violate the rights or interests of third parties.
The Customer commit to provide accurate and true data through the account registration form, avoiding with the same, the cause of harm due to incorrect information.
Failure of compliance of any of these General Terms and Conditions clause may lead to the withdrawal or cancellation of the products ordered or purchased by the Customer by PTO without the need of prior notification to Customer and without giving the right to any compensation.
15. Protection of personal data
16. Dispute Resolution
This contract shall be interpreted and submitted in accordance with Spanish law.
In case of conflict or discrepancy in the interpretation or application of these Terms and Conditions, the case would be presented before the competent judges and courts who have the legal standard applicable to the competent court, in the case of end-consumer it would where the obligation took place or the domicile of the buyer.
If the customer is a company, both parties submit, the parties expressly renounce to any other jurisdiction, and submit to the jurisdiction of the courts of the city of Terrassa (Barcelona).
17. Modification of General terms and conditions
PTO will inform customers by email or warning on tools4pro.com page of any changes to the terms of this contract. The purchase of any new product on the same internet page constitutes acknowledgment and acceptance of this change.
These changes are reflected in this document, which the user can access at any time from the "General Terms and Conditions" in "buy with confidence" section.
18. Severability Clause
The invalidity of any of these clauses will not affect the validity of others. The invalid clause shall be replaced, where appropriate, by one or more other terms whose contents will achieve the desired economic purpose in the clause declared null.