Purchase and sale policy

I.- PURPOSE AND SCOPE OF APPLICATION

The purpose of these stipulations is to regulate the use of the electronic sale services of the different goods and services offered by MERKAMACHINES COMPONENTES SL hereinafter MERKAMACHINES COMPONENTES, a merchant company that operates on the Internet from its website www.merkamachines.com, selling different tattoo tools.

The clauses listed below configure the framework contract that all users who access the website www.merkamachines.com are required to know and accept. For the sole purpose of these general conditions, the expression "user" includes any Internet user who accesses the website www.merkamachines.com either directly or from any other Internet site. The services offered by MERKAMACHINES COMPONENTES on this website will be governed by the conditions contained in this contract. MERKAMACHINES COMPONENTES reserves the right to modify, totally or partially, these general conditions, the new ones that it agrees upon from the moment of its publication on the page being applicable. In any case, the aforementioned modifications will not have retroactive effects on the goods or services already previously contracted by users.

These General Conditions bind both parties and form an integral and inseparable part of the sale contract whose effectiveness operates at the time of signing the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with the provisions of art. 1,255 of the Civil Code that includes the principle of the autonomy of the will and agreements between the contracting parties. For all purposes, it will be understood that, when placing an order, the user accepts the conditions and rules of use related here.

To fully guarantee the rights of consumers and users of MERKAMACHINES COMPONENTES, these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/98 of April 13 on General Contracting Conditions, Law 7/96 of January 15 on Retail Trade, Civil Code, Directive 2000/31 CE of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on services of the information society and electronic commerce, Law 23/2003 of July 10 on Guarantees in the sale of Consumer Goods and other applicable laws and their implementing regulations.

II.-IDENTIFICATION AND COMPANY NAME OF THE OFFERING COMPANY

Merkamachines Componentes SL with registered office at C / Almirante Recalde, 1 Tolosa 20400 (Gipuzkoa), provided with CIF B05460290, provides its electronic sales services over through the webpage www.merkamachines.com

His contact address is the e-mail julenmercader@gmail.com. The address for the purposes of claims will correspond to the one indicated as the company’s registered office.

III.-OBJECT

These General Conditions regulate the product commercialisation offered by MERKAMACHINES COMPONENTES and the advertising directed to its customers / users, all of this through its website, as well as the rights and obligations of the parties derived from the sale and purchase operations agreed between themselves.

IV.-LEGAL CONDITIONS FOR THE PROVISION OF THE SERVICE AND RESPONSIBILITY CLARITY AND TRANSPARENCY IN THE INFORMATION

MERKAMACHINES COMPONENTES in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, allows access by electronic means in a permanent, easy, direct and free way to the comprehensive information of its company name (data fiscal, registry, address and communications address), as well as the client's data, with exclusive access to it, held by the company.

V.- CONDITIONS OF ACCESS OF THE USER / CLIENT

MERKAMACHINES COMPONENTES’ website users will have the right to free access to the public information collected therein, although MERKAMACHINES COMPONENTES reserves the right to restrict access to information, promotions and special offers to its registered customers.

Any user who accesses MERKAMACHINES COMPONENTES website has the right to register as a customer, thus being able to benefit from special offers for registered customers if they meet the specific conditions of the offer that are specified for each product.

The public information contained in the MERKAMACHINES COMPONENTES website referring to both the MERKAMACHINES COMPONENTES company and the brands, products, logos, … of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual property and industrial, so that the copy, transmission, assignment, disposal or use by the client is not authorized, other than the advertising purpose of its virtual publication that does not have the express consent of MERKAMACHINES COMPONENTES or the manufacturer of the product or the owner of trademarks and logos, in the terms provided in section XI on Industrial and Intellectual Property Rights.

USER REGISTER

The client / user prior to the formalization of the purchase of any of the products offered by MERKAMACHINES COMPONENTES must register their data and personal circumstances necessary for the formalization of the sale contract (name and surname or company name, ID number, address, email address, phone / fax number).

In order to place orders on the website, each client will provide MERKAMACHINES COMPONENTES voluntarily and under their responsibility with their personal data.

All personal data provided by clients in a fraudulent or false manner may be considered a crime of falsification of commercial documents.

MERKAMACHINES COMPONENTES may offer the customer a personal registration system through a personalized access code (login) and a password to facilitate future purchase operations. In this case, the client may designate the desired key and password at their discretion, as long as these are available or are not assigned to other clients. Through an automatic process, MERKAMACHINES COMPONENTES, if the client wishes, will generate the access code and password. Keys or passwords with immoral, injurious, humiliating, discriminatory content or that contravene the provisions of the laws, nor those with terms that refer to brands, products or names protected by the legal provisions on Intellectual, Industrial Property or contrary to the rights to privacy will not be accepted.

The client undertakes to ensure the confidentiality of his own access code and password. MERKAMACHINES COMPONENTES is exempt from any responsibility derived from the incorrect use or negligence on the part of the client in the fulfilment of his obligation of confidentiality of his access codes.

VI.- OFFER AND ACCEPTANCE PROCESS.

CONDITIONS OF PURCHASE, SALE AND DELIVERY OF THE PRODUCT

Pricing policy: MERKAMACHINES COMPONENTES reserves the right at all times and unilaterally to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the one in force in the advertising coinciding with the time of formalizing the order.

In the electronic purchase process, the following steps will be followed according to the menu of options consigned on the MERKAMACHINES COMPONENTES website Information about the product offered to the customer: description, manufacturer's brand, indicative photograph (if applicable). Due to the availability of the manufacturer, the purchased product may suffer non-substantial modifications in the components, characteristics or benefits of the batch that comprise it, as long as they do not represent a demerit of the qualities and benefits advertised.

Product price information: information on the final price or sale price to the public of the product to be purchased, containing the final cost for the customer and including VAT, shipping costs and insurance of goods and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he formalizes his acceptance by choosing the “order acceptance” from the options menu. Possible discounts or promotional gifts will be freely directed by MERKAMACHINES COMPONENTES to the groups designated at all times by MERKAMACHINES COMPONENTES or depending on the product offered, according to the advertising existing at any time on its website.

Acceptance of the order: at the time of order formalization, once the order acceptance menu option has been used, the client's consent is understood to have been given for the validity and effectiveness of the sales contract that binds the parties. MERKAMACHINES COMPONENTES will electronically store the order. The commitment acquired by MERKAMACHINES COMPONENTES of sale and delivery of the merchandise offered is subject to the stock of the advertised product and its availability until the end of stocks, for which MERKAMACHINES COMPONENTES in its commitment to quality and customer service, tries at all times that the advertised products are available. However, in the event of exceptional circumstances involving interactive multi-ordering or those that lead to the end of the product's stock, the order and the contract signed between the parties will be void by virtue of this resolution clause, fully restoring the customer in the event of prepayment. the amounts paid by the same, without any compensation in favour of any of the parties for breach of contract, consequential damage or loss of profit.

Forms of payment by the client. The following payment systems are established:

Paypal
Payment Gateway – Visa or Mastercard

bill: MERKAMACHINES COMPONENTES will issue an invoice in electronic format (PDF) that will be sent to you by mail, once the sale has been made. MERKAMACHINES COMPONENTES warns that you will not be able to subsequently modify the sales invoices in compliance with current regulations. (RD 1496/2003 on Billing regulations, modified by RD 87/2005). The invoice will be issued in the name of the individual or company that places the order, so the customer must ensure that the order is placed in the correct name. Subsequent changes will not be possible.

Delivery period of the purchased product: a period of 2 months is established for the effective delivery of the product, counting from the moment in which the delivery date was set when placing the order.

Place and method of delivery: The order will be delivered to the address designated at the time of contracting by the client. The subsequent modification of the place of delivery requested by the client may generate additional expenses on the sale price that will be at the expense of the buyer. The merchandise will be delivered to the client by transport company, together with a delivery note in which the data that will identify the client, the order, and the number of packages that make up the shipment will be entered. The merchandise is covered at all times against risks of transport, loss and manipulation.

If the customer detects errors in the merchandise received at the time of delivery or that it is visibly damaged, they must record these circumstances on the carrier's delivery note and inform MERKAMACHINES COMPONENTES of these facts within 14 business days. in writing or e-mail to julenmercader@gmail.com through the customer service published on its website by implementing the withdrawal form provided in the point for this purpose, addressed to the email or the registered office of the company. In any case, the customer must verify that the merchandise has been delivered in perfect condition. Claims after 14 business days after delivery cannot be accepted.

Merchandise that has not been able to be delivered within a period of 3 working months from its departure from the MERKAMACHINES COMPONENTES facilities for reasons not attributable to the seller will be returned to the seller, restoring the amounts paid in the case of orders in the form of prepaid.

VII.- PRODUCT GUARANTEE

The guarantee of the products sold by MERKAMACHINES COMPONENTES is provided and established by virtue of the existing regulations on guarantees in the Sale of Consumer Goods, a legal framework that aims to provide the consumer with different options to demand remediation when the good acquired is not in accordance with the contract, giving you the option to demand the repair or replacement of the property, unless this is impossible or disproportionate. When the repair or replacement is not possible or is disproportionate, the consumer may demand a price reduction or the termination of the contract.

Commercial guarantee- Manufacturers may offer additional warranties, the length and duration of which differ by product and brand. Said guarantees shall be exclusively borned by the manufacturer who is bound by them. By virtue of this law, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms that the law itself establishes, therefore, as established in article 4 of the aforementioned law on the responsibility of the seller and the rights of the buyer: “The seller will respond to the consumer for any lack of conformity that exists at the time of delivery of the good. Under the terms of this law, the consumer is recognized the right to repair the good, to replace it., to the price reduction and to the termination of the contract. ” In any case, MERKAMACHINES COMPONENTES will not be responsible for possible damages that may result from misuse or manipulation. The guarantee will not be valid in case of external factors to the normal use of the product by the customer or by third parties not authorized by the manufacturers. The calculation of the guarantee will begin on the same day of delivery.

To regulate the aspects of the commercial guarantee not included in this Law 23/2003, the regime contained in Law 7/1996, of January 15, on the Regulation of Retail Trade will be applied.

VIII.- CUSTOMER RIGHTS

Confidentiality and security of the client's personal data in accordance with the provisions of current Spanish legislation on data protection. No dissemination, transmission or publication of customer data without their express consent. Not receiving promotional or advertising emails if they have been rejected. Consult, modify and delete the personal data of the client that are in the MERKAMACHINES COMPONENTES database at the request of the client, all in accordance with the provisions of the section on Personal Data Protection.

Free access to the open sections of the MERKAMACHINES COMPONENTES website. Know at all times the status of the order processed.

Unilateral withdrawal / revocation of the requested order: In accordance with the provisions of art. 104 of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defence of Consumers and Users, the client (consumers or users are only considered natural or legal persons who acquire, use or enjoy the product as final recipients) will have the right to revoke the requested order within a period of fourteen days from receipt of the same, prior communication to MERKAMACHINES COMPONENTES within that period so that the appropriate return channels are established (return number, and form and delivery address of the return shipment), with a refund of the price only of the product that had been paid for it. In case of exercising this right of withdrawal, The cost of return and the damage suffered by the product or merchandise will be borned by the customer. In cases of use, breakage of the seal or opening of the container of the good, said return will not be accepted. The return costs will be substracted from the price of the product at the time of the return of the money. In no case will it be possible to manage returns or exchange procedures for merchandise at our registered office.

MERKAMACHINES COMPONENTES will not be responsible for returns on products handled by the client, or those goods that are returned incomplete both in their main elements and accessories. The right of withdrawal will not proceed outside the indicated period that due to its nature cannot be returned. Neither will the withdrawal of merchandise or orders that may be considered due to their special characteristics as requested by the client.

In case of exercising the right of withdrawal, you can download the form at the following link

Withdrawal form

Professionals: They will not be considered consumers and users who, without becoming final recipients, acquire, store, use or consume goods or services, in order to integrate them into processes of production, transformation, marketing or provision to third parties, so they do not benefit of the rights granted to consumers.

Instructions for shipping products: The delivery of a possible return will not be managed directly at our facilities, but will be delivered to the carrier for shipment. We inform that, to avoid any incident, it is necessary that the smaller products are protected by an external packaging – just as you have received it at your home – and thus avoid any type of damage or manipulation of the original packaging of the product during transport. For larger products it is not essential to have an external packaging protecting the original, however, it is important that you ensure that the product is shipped properly protected inside the original box with the protections intended for this purpose (corks, polystyrene, plastic bubble, etc.) and avoiding
any type of manipulation in it.

IX.- OBLIGATIONS OF THE USER / CLIENT

Keep your personal access code with due diligence.
Use the information published by MERKAMACHINES COMPONENTES exclusively within the intended personal business relationship.
Not to reproduce, dispose of or dispose of the information published by MERKAMACHINES COMPONENTES in all its contents is allowed without the express permission of the company itself.
Faithfully use the shopping service provided by MERKAMACHINES COMPONENTES on its website, refraining from manipulating the contents of its website, or interfering with its computer media through viruses or other behaviours is prohibited by Law.
Respect the purchase agreement once the order is accepted, with the timely payment of the agreed price.

X.- RIGHTS OF MERKAMACHINES COMPONENTES

Preserve, modify or suspend the website without prior notice.
Modify the price of the offers.
Reject orders due to lack of stock or non-payment of the customer.
Refuse access to computer tools to clients in the event of non-compliance with these conditions.
Receive the amount of the customer’s purchases once the transaction is accepted.
Reserve the domain and retain full ownership of the article until full payment by the customer.
Reserve the right to carry out raffles for goods or services on its website.

XI.- CONTROVERSIES

In the event of a conflict or controversy, the client can avail themselves of the EU’s online extrajudicial dispute resolution platform at the following link https://ec.europa.eu/consumers/odr