General terms and conditions
GENERAL TERMS AND CONDITIONS
INTRODUCTION
This document contains the Terms and Conditions that regulate the use of this website. Com-Forsa's terms and conditions of purchase regulate the operation of commerce and the purchasing procedure of users, and are binding between us, protecting your rights as a customer and our rights as a company.
We kindly ask you to read carefully the present Conditions, Legal Notice, Cookies Policy and our "Privacy Policy" before clicking on the "Confirm Order" button to finalize the order. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions, Legal Notice, Cookie Policy and our "Privacy Policy" and, if you do not agree to all of the Terms and Conditions, Legal Notice, Cookie Policy and the "Privacy Policy", you should not place an order.
Com-Forsa's Terms and Conditions of Purchase have been prepared by a legal team and may not be reproduced in whole or in part in other e-commerce shops.
If you have any questions regarding the General Conditions, Legal Notice, Cookies Policy or Privacy Policy you can contact us through our email soporte@com-forsa.com.
TERMS AND CONDITIONS OF USE
Although accessing and browsing the website does not require prior registration of the User, in the event that you wish to use the online shopping services, you will have to register by completing the Registration form established for this purpose with your personal data and accepting the "Privacy Policy".
You declare that, by placing your order, you have read and unreservedly accept these Conditions.
You agree that:
· You will only be able to access the website with your username and password.
· You shall be responsible for safeguarding and safeguarding your passwords with due diligence in order to prevent them becoming known to third parties and, consequently, being used fraudulently and without your consent.
· In the event of becoming known to third parties without your authorisation, you undertake to change them as quickly as possible or to inform the company of the modification of your password.
· Com-forsa shall not be liable to the User or to third parties for possible damages and/or losses, direct or indirect, which they may suffer because of the fraudulent use of their passwords by unauthorised third parties.
· You may not place any speculative, false or fraudulent order. If we have reasonable grounds to believe that such an order has been placed, we shall be entitled to cancel the order and inform the relevant authorities.
· You agree to provide us with your contact details, delivery details, billing details and you agree that we may use this information to contact you if necessary, thereby accepting our "Privacy Policy".
By placing an order through this website, you warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
PROFESSIONAL USE
Both in its physical shops and on this website, Com-Forsa carries out its commercial work ONLY with PROFESSIONALS from different business sectors. The use of this website is reserved exclusively for this purpose. The products on this website are not for sale to the final consumer. The use of this website for this purpose is strictly prohibited.
In case of detecting any irregularity in this respect, Com-Forsa reserves the right to cancel the commercial relationship with the customers registered in our systems and/or web.
AVAILABILITY OF PRODUCTS AND SHIPMENTS
All product orders are subject to the availability of the products and, in this sense, if there are difficulties in the supply, or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
Notwithstanding the above and unless extraordinary circumstances arise, we will endeavour to dispatch the order upon receipt of the "Dispatch Confirmation" within a maximum of 24/48 hours (on working days), depending on the time the order is placed and the volume of items. It is possible that this delivery time will be delayed up to 35 days for any of the following reasons:
· Product customisation;
· Special items;
· Unforeseen circumstances;
· Delivery zone;
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
For the purposes of these Conditions, it shall be understood that the order has been "delivered" or has been "delivered/s" at the time of signing the receipt of the same at the agreed delivery address.
CANARY ISLANDS, CEUTA, MELILLA, SWITZERLAND AND INTERNATIONAL SHIPMENTS
The courier companies DHL and Correos will send all shipments to the Canary Islands, Ceuta, Melilla, Switzerland and International. In the event that customs retains the package, the addressee will have to pay the handling costs. This condition is accepted at the time of purchase. In those cases in which the article has arrived at destination and the customer refuses the customs and handling payment, this amount will be discounted from the return of the product.
In no case Com-Forsa will be responsible for the payment of customs clearance or the taxes derived from them.
IMPOSSIBILITY OF DELIVERY
In the event that we are unable to deliver, we will try to find a safe place to deposit your package. If we are unable to find a safe place, your package will be returned to our warehouse.
We will contact you to arrange a new delivery.
Please note that the storage and reshipment of your order may incur an additional cost.
RESERVATION OF ADMISSION
Com-Forsa reserves the right to withdraw any Product from this website at any time and/or modify any content of this website.
Exceptional circumstances may arise which require us to refuse to process any order after we have sent the "Order Confirmation", Com-Forsa reserves the right to do so at any time, at our sole discretion.
Com-Forsa shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the "Order Confirmation".
PRICING AND PAYMENT
To open an account as a professional customer, the minimum initial order will be 50€ excluding VAT.
The prices of the products offered on our website will be the stipulated at any given time, except in case of manifest error.
Despite continuous price revisions, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
We will not be obliged to supply that product to you at an incorrect lower price (even if we have sent you an "Order Confirmation") if the price error is obvious and unmistakable and could reasonably have been recognised by you as being incorrect.
Prices are subject to change without notice depending on the magnitude of fluctuations in the value of raw materials (mainly gold and silver). However (except as set out above) these variations will not affect orders that have already received a "Shipping Confirmation".
The prices of these products are indicated on the side of the product, and do not include VAT, shipping costs, taxes or other additional fees.
Once you have completed your purchase, all your selected items will have been added to your cart and the next step will be to process the order for payment. To do this:
1. Click on the "Cart" button on the top right hand side.
2. Click on the "Continue if you are already a customer" button.
3. Check or modify, if necessary, the billing details and delivery address.
4. Select the delivery method for your order ( Pick up in shop or 24/48h courier).
5. Accept the "General Conditions".
6. Choose the payment method you wish to use to make your purchase (Bank Transfer, credit card, cash on delivery or Paypal) and enter the corresponding information.
7. Click on "I confirm my order".
If you choose to pay by credit card and to minimise the risk of unauthorised access, you will be redirected to a payment gateway linked to our bank. You will have to authorise the payment by means of the security measures that your bank has to offer you.
By clicking on "Pay" you are confirming that the bank card belongs to you.
If you choose to pay by bank transfer, you can do so to the following account:
Holder: Co.Com-Forsa, S.L
Bank: Santander
Account number: ES62 0030 8110 2600 0230 6271
Swift: BSCHESMMXXX
Subject: Order number
When making the payment, please remember to include the order number in order to identify the payment.
To speed up the processing of the order, it is advisable to send an e-mail to info@com-forsa.com attaching the transfer receipt.
In the case of making the transfer via electronic banking, the copy of the screen where the satisfactory result of the operation appears is also valid.
You have a maximum period of 7 calendar days from the order date to make the payment by bank transfer. Otherwise, the order will be cancelled.
RETURN AND EXCHANGE POLICY
General rules
EXCHANGES
It is possible to exchange an article for another of equal or greater value by paying the difference in price within the first 14 calendar days of receipt of the product.
If, on the other hand, the exchange of the article is for an amount lower than the amount paid, the difference will be paid by the same means of payment as long as the amount is more than 10€. If the amount is less, you will be provided with a "voucher" without expiry date that you can use on your next online purchase.
Except in orders where you purchase products that have undergone a manipulation requested by you, as may occur with custom products, thread cuts, special orders...
The amount paid will not be exchanged or refunded.
In the event that you wish to exchange your article for another, you must contact our Customer Service Department info@com-forsa.com detailing your order number, invoice number and date of purchase.
Delivery address for exchanges
Com-Forsa
C/ Montera, 24 Lc.6
28013 MADRID.
If you have any questions, you can contact us through our e-mail address info@com-forsa.com or by calling +34 91522 92 42.
RETURNS
It is possible to return an item/s as provided for in the Revised Text of the General Law for the Defence of Consumers and Users within 14 calendar days of receipt of the item.
Except in orders where you purchase the article/s that have undergone a manipulation requested by you, as may occur with customized products, thread cuts, special orders...
The amount paid will not be exchanged or refunded.
To make the return you must contact our customer service info@com-forsa.com detailing your order number, invoice number and date of purchase.
You will have to send the article/s with its original packaging in perfect condition by means of a transport company in the indicated term. Com-Forsa will not be responsible for the cost of shipping.
Shipping address for returns:
Com-Forsa
C/ Montera, 24 Lc.6
28013 MADRID.
Once the article/s have been returned together with their original packaging and in perfect condition, the price will be refunded within a short period of time, and in any case, within 14 calendar days after the return.
If you have any questions, you can contact us through our e-mail info@com-forsa.com or by calling +34 91522 92 42.
RETURNS OF DEFECTIVE OR ERRONEOUS PRODUCTS
In cases where you notice that there is a defective or erroneous part in your order, you should contact us by e-mail info@com-forsa.com or by calling +34 91 522 92 42 detailing your order number, invoice number and the item/s that are defective or erroneous.
You must send us a photograph of the item/s to speed up the process and thus examine whether the return or replacement of the item/s is appropriate.
The return or replacement of the item/s will be made as soon as possible, in any case, within 30 days from the date of notification. We will send our courier company to collect such items in the event that Com-Forsa determines that this is necessary.
In the event that we are unable to replace the article/s, we will proceed to refund the amount paid by the same means of payment used for the purchase. The rights recognised by the current legislation are not affected.
These conditions will be applied in the same way in any of our physical shops (Madrid, Valencia or Zaragoza).
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Com-forsa reserves, without the need for prior notice and at any time, the right to temporarily suspend access to its Web page and to carry out the modifications which it considers appropriate in the same, in the services or information offered, in the presentation or location of the same and in the present General Conditions, Legal Notice, Privacy Policy and Cookies Policy.
Com-forsa shall not be responsible for the information, the services and/or products offered and/or, where appropriate, provided by third parties through the web page of Com-forsa nor for the contents provided by third parties.
Com-forsa will not be responsible for any damage, loss or harm, direct or indirect, which may be caused to Users or to third parties, including but not limited to damage to the software or hardware of the User arising from access to or use of the Web page or from the use of information or services contained therein, impossibility of accessing the Web page for reasons not attributable to Com-forsa, disclosure of personal data due to misuse of passwords, etc.
Com-forsa does not guarantee that the contents of the Web page are suitable or available outside Spain. In the event that all or part of the contents of the Com-forsa Web page are considered illegal in countries other than Spain, access to them and their use by the Users is prohibited. In the event that this should occur, it will be exclusively under the responsibility of the Users, who are obliged to comply with the applicable national laws.
The Products we sell may often have the characteristics of the natural materials used in their manufacture. These characteristics such as colour variations shall not be considered as defects or faults. On the contrary, they should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.
INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights in any material or content provided as part of the Website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors.
WRITTEN COMMUNICATIONS
The law requires that some of the information or communications we send to you must be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition shall not affect your statutory rights.
NOTICES
Notices from you to us should be sent to the following email address soporte@com-forsa.com.
In accordance with the provisions of this clause and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notices will be deemed to have been received and properly given at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transmit, transfer, encumber, modify or delete the identification data that exist on the website with respect to Com-Forsa or, where appropriate, third parties without our prior written consent.
You may only access the contents by means of the means or procedures which have been made available to you on the website, provided that they do not imply a violation of Intellectual/Industrial Property rights or any type of damage to the Com-Forsa website and/or its information or services offered.
Likewise, it undertakes not to carry out the following activities:
- Disseminate contents or propaganda of a racist, xenophobic, pornographic, apology for terrorism or contrary to human rights nature.
- Carry out acts contrary to the Intellectual and/or Industrial Property rights of their legitimate owners.
- To use the Web page, as well as the contents and services offered through the same in such a way as to prevent its normal operation or to damage the property and/or rights of Com-forsa, of its suppliers or, in general, of any third party.
- To cause damage to the computer systems of Com-forsa, of its suppliers or of third parties and/or to introduce or disseminate computer viruses, harmful software or other types of systems which may cause damage to computer systems.
- Transmit advertising or send unsolicited or unauthorised electronic messages.
- To use false identities or impersonate the identity of others in the use of the Com-forsa web page, including the use, where appropriate, of passwords or access codes of third parties.
You acknowledge and accept that access to and use of the Web site and the services offered therein are carried out at your own risk and responsibility, undertaking to make appropriate use of its services and contents, specifically in the use of the online purchase services.
Com-forsa shall not be liable to the User or to third parties for any damage and/or harm which may arise, either directly or indirectly, as a result of an inappropriate use of the Web site or of the contents and/or services accessible through the same by the User, the User being the sole party responsible for any damage and/or harm which may arise as a result of this.
EVENTS OF FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of any of the obligations we undertake caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
- Strike, failure or accidents in maritime or river transport, postal or any other type of transport.
Our obligation to perform shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations despite the Force Majeure Event.
WAIVER
If we fail to insist upon strict performance of any of our obligations hereunder or any of these Terms, or if we fail to exercise any of the rights or remedies which we are entitled to exercise or enforce under these Terms, such failure shall not constitute a waiver of such rights or remedies or relieve you of such obligations.
Any waiver by us in requiring performance shall not constitute a waiver by us of any subsequent performance.
No waiver by us of any of these Terms and Conditions and Legal Notice shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the Notice section above.
SEVERABILITY
If any of these Conditions are held to be invalid, illegal or unenforceable to any extent by any competent authority, they shall be severed from the remaining Conditions, which shall remain valid to the extent permitted by law.
MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS
Com-forsa reserves the right to modify, without the need for prior notice and at any time, the content of all or some of the points contained in these General Conditions with the aim of adapting them to the regulations in force which are applicable at any given time or to the operation or the incorporation of new services.
In the event of the aforementioned modification, Com-forsa undertakes to conveniently publish on the Web page the modified or updated General Conditions in such a way that they are available to the Users, as well as to any other interested person.
In any case, the General Conditions which were published at the time at which the Web page is actually accessed and/or the services offered therein are used shall be applicable.
COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. Please send such comments and suggestions by email to soporte@com-forsa.com.