Apartado de correos.... Albacete
Phone: 967 706 760
eMail: info@toolsandlife.com
This contractual document will govern the contracting of products and services through the website https://www.toolsandlife.com, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend what is stated here.
- You are a person with sufficient capacity to hire.
- Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties:
On the one hand, the supplier of the goods or services contracted by the USER is www.toolsandlife.com, with registered office in Albacete, DNI--------------- and with a customer service telephone number 967------.
And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Subject matter of the contract:
The purpose of this contract is to regulate the contractual relationship of sale arising between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
Recruitment procedure
In order to access the services or products offered by the PROVIDER, the USER must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), and detailed in the Legal Notice and Privacy Policy.
The USER shall select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorised third party, so that the latter can proceed to block them immediately.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General Contract Clauses.
2. Shipping Orders.
3. Right of withdrawal.
4. Complaints.
5. Force Majeure.
6. Competition.
7. Offer Overview.
8. Price and Validity of the Offer.
9. Transportation costs.
10. Method of payment, expenses and discounts.
11. Purchase Process.
12. Applicable Warranties.
13. Warranties and Returns.
14. Governing Law and Jurisdiction.
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments of goods will usually be made by COURIER (DHL, GLS, Correos...), according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and the delay shall not constitute an essential breach. In the event that the PROVIDER has not delivered the goods after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
Delivery times vary depending on the type of shipment:
• Between 3 and 6 working days for normal shipments. In the case of Ceuta and Melilla, the deadline is between 3 and 6 days. In the case of the Canary Islands, 3 to 6 working days
• And between 2 and 3 working days for express shipping.
The delivery time may vary depending on the destination town and the payment method chosen. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
Delivery shall be deemed to have been made at the time when the carrier has made the products available to the USER and the USER, or the USER's delegate, has signed the document receiving the delivery.
It is the responsibility of the USER to verify the products upon receipt and to set out all the qualifications and claims that may be justified in the document of receipt of the delivery.
In the event that the contract does not entail the physical delivery of any product, which is downloaded directly from the website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.
The USER has the same rights and deadlines to proceed with the return and/or claim any possible vices or defects in the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of 27 March).
Unless the return is made due to defects in the product, the costs related to shipping will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product in such a way that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are downloaded directly through the portal.
5. When they are personalised products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of 27 March.
Any return must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form provided for this purpose (https://toolsandlife.com/es/contactenos) indicating invoice number, or by e-mail to info@toolsandlife.com, indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs to be paid by him/her, at the address of Tools and Life, Apartado de Correos Nº x 02001, Albacete. Once the product has been received, it will be verified and once its good condition is established, the full amount of the product will be refunded in a discount voucher, which the USER can use on their next purchase and which will not have an expiration date.
Any claim that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: Tools and Life , Apartado de correos, nº ..., 02001, Albacete
Telephone: 967 706 760
Mail: info@toolsandlife.com
Online Dispute Resolution:
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
ODR Platform Link: http://ec.europa.eu/consumers/odr/
The parties shall not be liable for any fault due to cause majeure. Compliance with the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms is held to be void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these General Terms and Conditions in their entirety.
All sales and deliveries made by the PROVIDER shall be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Tools and Life or to the provisions herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional and ancillary services to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase.
Prices may change daily as long as the order is not placed.
Once the order is placed, prices will remain the same whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he/she has informed at the time of placing the order. When you make your purchase, you have the right to receive the paper invoice by post. You can request the paper invoice by calling, writing to us, or adding a comment in the order notes (on the checkout page, above the "Finish & Pay" button).
Prices do not include shipping or communication costs, installation costs, or additional services, unless expressly agreed in writing in the contract.
Shipping costs will be calculated at the time of storing the basket or quote, as they are calculated by the delivery address.
The PROVIDER provides the following ways to pay for an order:
• Cash on delivery. You pay for the goods upon delivery.
• Credit card. We accept payment from the following cards: Visa, MasterCard, Maestro and Discover.
• PayPal. With PayPal you can pay in Tools and Life simply, quickly and securely.
- Simple: pay with just two clicks, without entering bank or credit card details.
- Fast: we will receive the payment confirmation from PayPal in a few seconds.
- Secure: Your bank and credit card details are not disclosed to third parties.
Basket (Budget Simulation)
Any product from our catalogue can be added to the cart. In this, only the items, quantity, price, and total amount will be observed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalization:
1. - Data checking.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department.
All products offered through the website are completely original, unless otherwise stated in their description. All of them have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
The guarantee of the products offered will correspond to the following articles based on Law 23/2003, of 10 July, on Guarantees of the sale of consumer goods:
(i) Conformity of the products with the contract
1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they comply with all the following requirements, unless any of them are not applicable due to the circumstances of the case:
a) Conform to the description provided by Tools and Life.
b) Are fit for the uses to which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the customer when the customer has made this known to Tools and Life at the time of conclusion of the contract, provided that the customer has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type as the customer may reasonably expect, having regard to the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products provided by Tools and Life.
e) Tools and Life describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product shall be equated with the lack of conformity of the product when the installation is included in the contract of sale and has been carried out by Tools and Life or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. Liability shall not apply for non-conformities that the USER knows or could not have been unaware of at the time of entering into the contract or that have their origin in materials supplied by the USER.
II) Liability of the PROVIDER
Tools and Life will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. Likewise, it recognises the USER's right to repair the product, to replace it, to reduce the price and to terminate the contract.
III) Repair and replacement of products
IV) Rules for the repair or replacement of the product
Repair and replacement will be in accordance with the following rules:
a) They will be free of charge for the USER.
This free admission shall include the costs necessary to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They will be carried out within a reasonable period of time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
(c) Reparation suspends the running of the time limits referred to in article VII. The suspension period shall commence from the moment the USER makes the product available to Tools and Life and shall conclude with the delivery to the USER of the repaired product. Within six months of delivery of the repaired product, Tools and Life will be liable for any non-conformities that led to the repair. It is presumed that the same lack of conformity is present when defects of the same origin as those initially manifested are reproduced in the product.
(d) The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. In any event, the second paragraph of Article VII shall apply to the substitute product.
e) If, after the repair has been completed and the product has been delivered, it still does not comply with the contract, the USER may demand the replacement of the product, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand substitution in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER. The resolution will not proceed when the lack of conformity is of minor importance.
(VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value of the product at the time of delivery if it had been in conformity with the contract and the value of the product actually delivered at the time of delivery.
(VII) Time limits
1. Tools and Life is responsible for any lack of conformity that manifests itself within two years of delivery. In the case of second-hand products, Tools and Life and the USER may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that non-conformity which becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery shall be deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note whichever is later.
3. The action to claim compliance with the provisions of the preceding articles is time-barred three years from the delivery of the product.
4. The USER must inform Tools and Life of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When it is impossible or burdensome for the USER to contact Tools and Life due to the lack of conformity of the products with the sales contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer's liability ceases, within the same terms and conditions as those established for Tools and Life, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
A producer is understood to be the manufacturer of a product or the importer thereof in the territory of the European Union, or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the USER will have a period of one year to repeat the responsibility for the lack of conformity
This period is calculated from the time when the remediation was completed.
These conditions shall be governed or interpreted in accordance with Spanish law to the extent that it is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of Albacete (Spain).
Apartado de correos.... Albacete
Phone: 967 706 760
eMail: info@toolsandlife.com