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GENERAL SHIPPING, RETURNS AND GUARANTEE CONDITIONS OF LANDATEL COMUNICACIONES, S.L., with registered address at 2,
Aquisgran Street, 28232 Las Rozas (Spain), C.I.F B-83170944 and
registered at the Registro Mercantil de Madrid, Volume 17.382, Book 0, Folio
187, Section 8, Page M-298276, Registration 1. Email address: info@landatel.com.
1.
Delivery of products or services a) As far as possible,
according to the availability, the nature of the good or service, or other
important circumstances, LANDATEL COMUNICACIONES, S.L. will specify an
approximate date of delivery in the return receipt, that will not exceed a
period of 30 days since the client made his/her request.
b) LANDATEL COMUNICACIONES,
S.L. will make every reasonable effort to carry out the delivery according to
the agreed terms, or within the thirty-day period mentioned in the previous
section. If, for any reason, the period passes by without having made the
delivery, LANDATEL COMUNICACIONES, S.L. will address to the client to propose a
new delivery date, with the consequent client faculty to cancel the contract and
obtain the refund of the price amount if he/she has already paid it, amount that
LANDATEL COMUNICACIONES, S.L will return to the client in a maximum period of
thirty days since the request.
c) The place for the delivery
will be the one indicated by the client, established in the return
receipt.
2.
Responsibility derived from the contract
a) For the acquisition of
products or services that have no entailed goods supply, it will be understood
that the client accepts it, once the delivery or provision has been made, as
appropriate. b) For the acquisition of
services that have entailed goods supply, it will be understood the client
accepts it, once the installation has been done by LANDATEL COMUNICACIONES, S.L.
according to the stated under clause 7 b) of The General Conditions
document. c) According to the valid
legislation, LANDATEL COMUNICACIONES, S.L will be committed to make the
amendments for the damage caused by a fraudulent or negligent behavior of its
employees. The responsibility will be limited to the value of the product or
service, unless it had resulted in death or corporal damage, in which case there
will be no limitation.
d) LANDATEL COMUNICACIONES,
S.L. will not be responsible for any circumstance derived from the usage of
information related to the number of users, connections, real bandwidth, PIRE
power or similar situations, as well as any characteristic subject to
meteorological conditions, orography, network connections, users' equipment,
peripherals, accessories, etc., all of them indicated as an approximation, in
function of the information obtained from the equipment manufacturers, normal
usage, concurrency indexes and normal configuration parameters.
e) LANDATEL COMUNICACIONES,
S.L. will not be responsible for: general losses generated by the neglectful
attitude of the client toward the indications or suggested advices of LANDATEL
COMUNICACIONES, S.L related to the good operation or optimal usage of products
or services; any form of lost profit claimed by the client, particularly those
originated in the malfunction or defect resolved by LANDATEL COMUNICACIONES,
S.L; losses derived from the combination made by the client of equipment and
material provided by LANDATEL COMUNICACIONES, S.L with other supplied by the
client or third parties; losses caused by force majeure, which include: natural
or environmental catastrophes, riots or revolts, strikes, wars, terrorist
attacks, lack of supplying of products, interrupts in the services provision, or
political or governmental acts.
f) Unless there exists a
previous written authorization from LANDATEL COMUNICACIONES, S.L. the client
will not be able to hand over his/her rights or obligations that the present
General Conditions, depending on the case, grant or impose to
him/her. 3.
Preconfiguration and Installation Services a) The preconfiguration service
consists of the sending of the configured equipment according to the parameters
and functionality required by the client. This service could only be hired at
the moment of the equipment acquisition and the client will be asked to fill in
the form with the necessary information for its correct execution.
The preconfiguration service
does not include the manipulation of any equipment different from those acquired
at the moment of the service hiring. b) The installation service
includes the installation and bring into service of the equipment, as well as of
the necessary elements for its special working. The client will have to sign
the request of service document before its realization. In that document it will
be specified the equipment and configuration requested by the client.
Once the service has been
carried out, the technical experts of LANDATEL COMUNICACIONES, S.L will proceed
to review with the client the situation and functionality of the installation,
and both parties will have to sign in accordance at the end of the consent
declaration. 4.
Maintenance contract
LANDATEL COMUNICACIONES, S.L.
offers to its clients the possibility to hire a global maintenance service that
covers telephone support, pieces, labor and transport. The conditions of that
contract will be stated in it and the cost will be set according its duration,
installed equipment, distances and type of service offered by the
equipment.
5.
Repairs and Returns a) Without prejudice of
the clauses that mention the guarantees stated in this General Conditions, and,
within the term of seven working days after the delivery, the client will be
able to request the repair of the product if it presents any damage, or its
substitution for other of identical or similar characteristics, with agreement
about the following conditions:
The devolution of the damaged
equipment will be made previous client request of the RMA number through the
form that LANDATEL COMUNICACIONES, S.L will make available in its website, or
via an email or fax. The equipment sending must be
made in its box, envelope or wrapper, and the RMA number given by LANDATEL
COMUNICACIONES, S.L. must be written on it. If many items were sent in the same
package, all the RMA numbers must be written on it. The expenses and sending
risk will be on charge of the client, unless it is a consumer. In that case,
they will be on charge of LANDATEL COMUNICACIONES, S.L.
Once the equipment is repaired
or substituted, LANDATEL COMUNICACIONES, S.L. will send it to the client, with
no transport expenses, only if he/she is a consumer. The equipment will be sent
with the same packaging conditions and the same elements and accessories
provided by the client. The transport risks will be on charge of the client,
unless he/she is a consumer, in which case they will be assumed by LANDATEL
COMUNICACIONES, S.L.
b) LANDATEL COMUNICACIONES,
S.L. offers to its clients a period of 7-days evaluation since the delivery of
the acquired equipment or solutions. During this period, the client will be able
to return the equipment to LANDATEL COMUNICACIONES, S.L, and, in that case, will
have to request the RMA number through the corresponding form, being on his/her
charge the carriage expenses and its risks. In this case, LANDATEL
COMUNICACIONES, S.L, within thirty days after the reception date, will refund
the amount paid in the purchase. However, if the devolution were made after
seven working days following the delivery, and within a period of fifteen days,
LANDATEL COMUNICACIONES, S.L. will deduct to the amount of the equipment, the
corresponding expenses of service preconfiguration, programming and
installation, shipment and diets, and all other post-sales services that have
been used, as well as 10% of its value in concept of usage and administrative
expenses. These expenses will be also applied to the electronic devices received
in the seven days after the purchase, if the original box has been
open or the product has been unsealed.
LANDATEL COMUNICACIONES, S.L.
will only accept the equipment devolution within seven days after the
purchase in case they are in perfect state and with all its component elements
in its original packaging and if the equipment is not customized according to
the client suggestions. c) If, after the fifteen-days
period, the client rejects a sending, LANDATEL COMUNICACIONES, S.L. will proceed
to issue an invoice for an amount of 40 euros + Taxes in
concept of penalty for non-fulfillment of the contract, without prejudice to the
right of undertaking judicial or extrajudicial actions, with the purpose of
compensate the damages it had suffered.
6.
Guarantee: application conditions a) The
equipment manufactured by LANDATEL COMUNICACIONES, S.L. (AirGiga,
MikroPoint and Custodius) has a two-year guarantee according to the valid
regulation, and this guarantee will be supplied by their manufacturer. The
guarantee also includes the pieces and labor necessary for the repair of the
damaged equipment, as well as the preconfiguration of the equipment if it had
been contracted by the client at the moment of the purchase.
The installations that LANDATEL
COMUNICACIONES, S.L. would have done have a two-year guarantee, only for those
faults related to defects in the installation execution. b) LANDATEL COMUNICACIONES,
S.L. does not guarantee third party products. c) Neither the equipment nor
the installations guarantees include the transportation to the client address.
If transportation is required, the client will have to request a maintenance
contract at the purchase moment, or after it, in which case there will be a
waiting period of fifteen days for that service.
d) Neither the equipment nor
the installations guarantees include the dismantling and posterior assembly of
the equipment or damaged equipment in its working place. If the dismantling and
assembly were necessary, the client will have to request a budget, or a
maintenance contract at the purchase moment or after it, in which case there
will be a waiting period of fifteen days for that service.
e) The guarantee does not
include substitution equipment, except in the cases that the service would have
been contracted at the purchase moment. f) The guarantee will not apply
in the case that the client has opened or broken the safety seals, or over the
equipment that would have been damaged by maintenance, inappropriate usage or
treatment, falls, vandalism or similar actions. g) The guarantee of LANDATEL
COMUNICACIONES, S.L. will not extend to the damages caused to the product by
exogenous causes, as well as environmental alterations, accidents or damages
during the transportation (with no prejudice of the clause number 6 of this
General Conditions), computer security attacks (virus, cracking), client
software or third parties software, defects related to the location or
installation, or badly adjusted power supply, among other of analogous nature;
neither it will cover any complaint related to the performance, useful life or
products quality.
h) Unless there is a written
agreement expressing otherwise, LANDATEL COMUNICACIONES, S.L. does not guarantee
the suitability of its products for specific uses or performance the user
decides to give them or obtain from them. Neither has it guaranteed a
non-malfunctioning operation.
i) The guarantee will not be
applicable if the client has a debt with LANDATEL COMUNICACIONES, S.L, being its
payment an essential condition to obtaining the guarantee coverage.
7.
Guarantee: Repair process a) The repair process,
according to the guarantee, is held in three levels: - Level 1. Communication of the
anomaly through an email to soporte@landatel.com. Once the
notification has been studied, the technical experts of LANDATEL COMUNICACIONES,
S.L. will address to the client by written means or via a phone call to try to
solve the problem with no need of sending the equipment. - Level 2. Sending of the
equipment. Once the ways mentioned at level 1 have been used, the client will
send the equipment to LANDATEL COMUNICACIONES, S.L. previous request of the
corresponding RMA number (see the conditions for equipment devolution under
clause 9). Once it is received, the technical experts of LANDATEL
COMUNICACIONES, S.L will proceed to its examination and to verify its possible
damage.
- Level 3. Sending to the
manufacturer and devolution to the client. After the verification of the damage
and the state of the safety seals, LANDATEL COMUNICACIONES, S.L will proceed to
the sending of the equipment to its manufacturer together with the necessary
documentation and description in the language designated by the manufacturer.
The sending will be made once per month, so many days can pass by until the
equipment is sent to its manufacturer. Once repaired or substituted, the unit is
sent to LANDATEL COMUNICACIONES, S.L. that immediately sends it to the
client.
b) LANDATEL COMUNICACIONES,
S.L. offers to its clients the possibility of hiring the Replacement Guarantee
service (see its description under clause 14 of this General Conditions) and
avoid the delays in the installation operation. c) If during level 2
inspection, a client manipulation is detected, causing the damage or malfunction
for configuration mistakes, LANDATEL COMUNICACIONES, S.L will invoice the client
the amount of 40 euros + IVA in concept of verification time and damage
solving. The payment of that amount will have to be made before the devolution
of the equipment to the client.
8.
Replacement Guarantee a) With the purpose of avoiding
delays in the solution of damages and keeping the operation level of the
equipment, LANDATEL COMUNICACIONES, S.L offers the possibility to its clients of
hiring the Replacement Guarantee Service. That service consists of the immediate
substitution of the equipment sent with the corresponding RMA number.
b) Through this service,
LANDATEL COMUNICACIONES, S.L. compels itself to have in stock equipment of the
same or superior category of those hired by the client, for its immediate
replacement once the damaged equipment has been received. c) The Replacement Guarantee
Service must be hired at the purchase, specifying the serial numbers of the
included equipment in the invoice. d) The Replacement Guarantee
could only be applied simultaneously to the number of units hired at the
purchase, it means that, if the client hires the replacement guarantee only for
one equipment, then he/she will only be able to send one of the equipment listed
in the invoice, if he/she hires two simultaneous equipment, will be able to send
two, and so on.
e) If the equipment has been in
use for less than a month, LANDATEL COMUNICACIONES, S.L. will send a new unit of
the same or superior quality as a substitution. If the equipment has been in use
for more than a month, LANDATEL COMUNICACIONES, S.L. will send a unit of a
similar or superior quality that might have been previously used.
f) Having hired the Replacement
Guarantee Service, if the equipment failure allows its operation and its service
level is critical, the client will be able to request to LANDATEL
COMUNICACIONES, S.L. the previous sending of the substitution in order to have
the least impact. In this case, the client will have to make a deposit
corresponding to the value of the equipment, which will be refunded once the
damaged unit has been received.
9.
Post-sales services LANDATEL COMUNICACIONES, S.L.
makes available to its clients the following post-sales services: Free. It is made through the electronic media that
LANDATEL COMUNICACIONES, S.L. offers to its clients: webpage, online chat,
email. Telephonic payment. It is made through one of the
telephone support packages of one, five or ten calls, or through the
three-monthly, half-yearly or yearly support contracts. Presential Payment. It is made through the hiring of in situ technical assistance. 10.
Customer Service a) In order to solve any doubt,
incident or complaint related to any order, product or service acquired,
LANDATEL COMUNICACIONES, S.L. makes available to its clients a Client Attention
Service, 2, Aquisgran Street, 28232 Las Rozas de Madrid (Spain),
telephone + 34-902-100-859, email mailto:info@landatel.com. b) If the user requested any
product repair according to the guarantee, it will be proceed according to the
stated under clause 13. c) For any complaint, as a
first step the client will turn direct to our Customers Support Service,
which will process the complaint within 10 days from its reception. If our
service was not able to provide with a solution to the client within the
specified term, it will inform him/her about it and will set a new term of
thirty days for such purposes. If the client was not satisfied with the proposed
solution received from LANDATEL COMUNICACIONES, S.L., then he/she will be in
position to scale his/her complaint to the corresponding instance for conflict
resolution referred in this General Conditions.
d) LANDATEL COMUNICACIONES,
S.L. will file the main incidents record related to each complaint received from
its clients, in order to offer them a more complete guarantee. 11.
Applicable regulation and conflicts resolution a) Without prejudice to the
legally recognized rights of those clients with a consumer condition, the
present General Conditions and their interpretation, as well as any lawsuit
derived from the contract between LANDATEL COMUNICACIONES, S.L. and its clients
will be ruled by the Spanish legislation.
b) With an express renounce to
their privileges, the parties submit themselves to the jurisdiction to the
Courts and Tribunals of Madrid-Capital (Spain).
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