Terms and conditions

Terms and conditions

1

On one side, Tymbia Solutions S.L. (hereinafter, Tymbia), with NIF B12879037 and domicile on Onda (Castellón), owner of the website accessible through the URL http://www.tymbia.com/ (hereinafter, the website) and, from the other, the buyer, understood as any registered user, under the Spanish legislation, which accesses the Website and complete the steps there established for the acquisition of one or more of the products of its catalog, Including the acceptance of these conditions.

Object

The purpose of these conditions is to regulate the acquisition by the buyer of any of the products offered on the website in exchange for the economic consideration corresponding according to the provisions of the following stipulation.

3. Purchase process

The purchase process can be done through the same website but also on a telephone or via email.

The process of purchase on the website consists of the following steps:

Browse through the product catalog of the website and select those products that are from the interest of the buyer.

Click on the basket or shopping cart and, after verifying that all the items included are those that interest the buyer, click on "Go to the box".

At this point, the buyer will be asked to, if he was not identified as a registered user, he does it or, if he did not have a registered user account, he creates it. You will also be asked to indicate the shipping address and select the shipping and payment method you prefer. Currently, the available means of payment are the following:

Debit card or credit. In this case we will need to provide us with information regarding your card to the only effects of processing the payment.

Bank transfer: the payment will have to be made to the indicated bank account provided. The buyer must make the payment of the order within 7 days after that he confirmed his willingness to buy. After this period, Tymbia will have been with-out the order, the buyer should start again the purchase process for its acquisition.

Finally, it will be necessary for the buyer to review his order and, depending on the selected method, proceed to the payment or, otherwise, simply confirm his willingness to acquire.

Tymbia will confirm having received the will to acquire the buyer and, where appropriate, will also confirm the payment. In your case, it will send by email the corresponding invoice. With the acceptance of these general conditions of purchase the buyer consents to send electronic invoice. At any time you can oppose it by writing by indicating it to [email protected].

The order will be received by the buyer within the approximate period indicated on the website, if it is not indicated otherwise, always to count since Tymbia would have confirmed to have received the payment, except in the case of payment against reimbursement.

For the purchase of products by phone:

The buyer must call the telephone number published on the website at all times and indicate to Tymbia the products that are of interest and the chosen payment method. In the case of telephone purchase, the only accepted means of payment are:

By credit card.

Contrareembolso.

Bank transfer.

Tymbia will prepare an offer and send it to the buyer by email together with these conditions.

The buyer must review the offer and these conditions and send the signed, also by email to the same direction from which he was sent, and, where appropriate, proceed to payment.

Tymbia will confirm having received the will to acquire the buyer and, if any, will also confirm the payment, when it would have been done. In your case, it will send by email the corresponding invoice. With the acceptance of these general conditions of purchase the buyer consents to send electronic invoice. At any time you can oppose it by writing by indicating it to[email protected]

The order will be received by the buyer within the estimated period indicated in the offer, always to count since Tymbia had confirmed to have received the payment, except in the case of payment against reimbursement.

4. Price policy and shipments

The prices of the products that appear on the website are set by Tymbia and are shown in Euros and do not include VAT or any other applicable taxes. However, tax information is susceptible to modifications as a result of changes in them.

The transport and delivery expenses of the products will be those indicated on the website at all times and according to the products subject to order and the destination. The delivery date is indicative.

The expenses derived from the selection of the reimbursement payment method will be those indicated in the purchase process, it generally corresponds with an additional 5%.

It is possible that the website includes promotions, discounts, free numbers, etc. Such circumstances will appear reflected on the screen, as well as the possible conditions applicable in your case.

5. Acceptance of the general conditions of purchase

When the purchase is made entirely through the website, the buyer must read these conditions and accept them expressly, by clicking on the corresponding consent check box, which is unmarked by default, at the end of the purchase process.

When the purchase is made on a phone, the buyer must also read these conditions and accept them.

6. Right of withdrawal

The buyer shall be entitled to desist, in accordance with Royal Decree 1/2007, of November 16, which approves the refused text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, TRLGDCU), within the fourteen calendé's fourteen days after which he received the last of the goods subject to his request.

For this you can send an email by indicating it to [email protected] o A postal letter addressed to Tymbia Solutions, S.L., Camí Hostalassos, 68, 12550 Almazora (Castellón). In the annex to these General Purchase Conditions, a model of conjoint communication to Tymbia is provided as the buyer, if desired, can use.

Within the period of fourteen (14) days since he informed his intention to give up, he must proceed with the return of the products of which he refers to the following address: Tymbia Solutions, S.L., Camí Hostalassos, 68, 12550 Almazora (Castellón), send by email the proof of the shipment. It will be you who must run with the transport costs derived from the exercise of your right to desist, and the return costs as indicated in the refund process document. The goods must be returned in identical conditions to those in which they were delivered, with all their containers and wrappings.

Notwithstanding the foregoing, certain products may not be subject to withdrawal in accordance with the provisions of Article 103 of TRLGDCU. For example, you can not be understood:

The supply of goods that may deteriorate or expire quickly.

The supply of semi-detached goods that are not suitable for returned for reasons for health or hygiene protection and that have been despised after delivery.

The supply of goods that after its delivery and taking into account its nature have been mixed indisically with other goods.

7. Obligations of the Parties

7.1. Tymbia Obligations

By virtue of these conditions, Tymbia is committed to:

Put the greatest efforts for the execution of the necessary procedures for receiving the order by the buyer.

Facilitate the buyer's documentation needed to receive the order.

Comply with any other obligations contained in these conditions or in any other conditions that were applicable.

7.2. Buyer's obligations

With the acceptance of these conditions, the buyer undertakes:

Pay in time and forms the corresponding amounts, including rates, taxes and any other costs specified during the purchase process. The lack of payment, when it was not on the last step of the purchase process will exempt Tymbia to comply with its obligations.

Respond to the authenticity and precision of any data that have been provided to make the purchase.

Assume the responsibility derived from not complying with the requirements required by Tymbia to show the condition of buyer or the non-possession of the documentation required to place the order.

Fulfill any other obligations included in these conditions or in any other conditions that were applicable, such as the general conditions of use or registration individuals, and assume any liability arising from its non-compliance, leaving totally compensation to Tymbia.

8. Guarantees

The legal guarantee is applied in accordance with the provisions of TRLGDCU, as long as the buyer holds the consumer status in the terms established in art. 3 of the aforementioned TRLGDCU. In all other cases, the warranty by defects in pieces is 1 year, except for wear elements that are not covered in the guarantee, and batteries are 6 months. Workforce and displacements not included.

9. Exclusion of responsibility

Tymbia In no case will he be responsible for the damages caused to the buyer by causing it.

Tymbia will be responsible exclusively from the damages caused to the buyer as a result of the purchases made through the website, when they are derived from a dolosal action from that.

As a merely enunciative and non-mood of exhaustivity, Tymbia will not be responsible for:

The utility that for the buyer have the products acquired through the website.

The adequacy of the products to the actual needs of the buyer.

The personal damages or material damages caused as a consequence of the use of the products.

Damage to the products when they have been caused by the company in charge of its transport.

Failure to comply with its obligations for reasons of force majeure as they can be, without encouragement of being exhaustive, internal or external strikes, natural catastrophes, breaches by the company in charge of transport, etc.

The buyer declares that the products undergoing at their own risk and venture, limiting the activity of Tymbia to the execution of the material tasks necessary to send them those products that I would have selected. In no case, Tymbia is responsible for the choice of the products made by the buyer, even though Tymbia has advised him in this regard, and of the lack of diligence of this when checking the specifications of the products under demand.

In any case, the responsibility assumes Tymbia against the buyer, in no case includes profit profit and will be limited, in any case, at most and for any concept, to the total amount received by the buyer's Tymbia according to the stipulation on economic conditions of These conditions.

10. Compensation

Failure to comply with the buyer of these conditions or any others that were applicable may imply damages and losses for Tymbia. In this sense, the buyer will be obliged to compensate that of any damage, damage, loss or cost (such as lawyers' fees and procurers).

Likewise, if for the breaches of the buyer, any type of claims or procedures against Tymbia will be generated, which must leave Tymbia Indemane thereof, and may claim any expense, cost, damage or injury derived from them.

11. Modifications

Tymbia and these conditions can, at any time and without prior notice, be updated and / or modified.

These modifications will come into force from its publication on the website through any means and form.

The modification of these conditions will only affect buyers who accept them on a later basis.

12. General issues

12.1. Safeguard and interpretation of these conditions

These conditions, the particular conditions accepted at all times and any other conditions applicable to the buyer are a single agreement between the buyer and Tymbia.

In case of contradiction between the provisions of these conditions and any other conditions subscribed between the parties, the terms and conditions of these conditions will prevail over the provisions of those, unless the stipulations included in them establish themselves expressly otherwise.

The fact that any of the parties, for impossibility or convenience, did not require strict fulfillment of any of the terms of these conditions at a certain moment, does not suppose nor can it be interpreted as a total or partial modification of them, nor as a resignation on their part to demand compliance in their strict terms, in the future.

The declaration of nullity of any or some of the stipulations of these conditions by the competent authority will not impair the validity of the rest. In this case, the Contracting Parties undertake to negotiate a new stipulation in substitution of the annulled with the highest possible identity. If the substitution is impossible to be impossible and the stipulation was essential for these conditions, in the opinion of the partialized party, this may opt for the resolution of the conditions.

Any reference made in these conditions to an article or regulatory body that is repealed will be understood as an equivalent provision that replaces it.

12.2. Cession and delegation

The buyer can not yield or delegate the rights granted in these conditions or the obligations assumed by them. Any assignment and / or delegation will be null.

Tymbia may yield or totally or partially delegate your rights and obligations contained in these conditions without the need for prior notice. Tymbia may also substitute for any legal business to the owner of this legal relationship for any other.

12.3. Language

The language applicable to these conditions is Spanish. If versions of these them have been offered in other languages, it has been courtesy, for the comfort of the buyer. This person expressly accepts that they will always be governed by the Spanish version.

If there was any contradiction between what the Spanish version of these general conditions of purchase says and what has any of its translations, in any case the Spanish version will prevail.

12.4. Legislation and Source

The relations between Tymbia and the buyer arose as a result of the acceptance of these conditions will be governed by Spanish legislation and jurisdiction.

For the resolution of discussions or conflicts that occurred between Tymbia and the buyer who has consumer and user consideration in accordance with the regulations applicable in the field, both will be submitted, with an express waiver to any other jurisdiction that could correspond, to the Courts and courts of the buyer's address.

In the event that the buyer does not have consumer and user consideration in accordance with the applicable regulations, the parties will be submitted, with an express waiver to any other jurisdiction that could correspond, unless otherwise determined by another distinct, to The courts and courts of Castellón.

Annex

Confist form model

(You must only fill out and send this form if you wish to desist from the contract)

Attention from Tymbia Solutions, S.L., Camí Hostalassos, 68, 12550 Almazora (Castellón), with email address [email protected] :

We hereby communicate that I desist of my sale contract as well [Define product], received the [Insert date reception date].

Name and surname: ______________________________

Address: ______________________________________

Date: __ / __ / ____

Signature: