Terms and Conditions

Purpose

These Terms and Conditions govern the legal relationship arising from the contracts entered into by Customers via www.fercabin.net and the various mobile applications of FERCABIN (FERNÁNDEZ CABADO, S.L.), and therefore any reference to the Website in these general terms and conditions of sale shall be understood to apply to the various mobile applications (Apps).

These general terms and conditions of sale shall govern the purchase of any product and/or service (the “Products”) listed on our website and its mobile applications (the “Website”), and any reference to the Website shall be deemed to apply to the various mobile applications (Apps); you may also contact us by telephone on 981 624 109.

The Products are offered for sale exclusively to end users who, pursuant to Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws (the “TRLGDCU”), are considered consumers (the “Customers”).

Each purchase transaction is governed by the provisions of the TRLGDCU, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and any other applicable regulations, as well as by these terms and conditions of sale. Unless otherwise stated, the Customer may complete the purchase transaction in the same language in which these terms and conditions of sale are written. FERCABIN undertakes to fulfil orders for Products. FERNÁNDEZ CABADO, S.L. is a company incorporated under Spanish law, with tax identification number B15582406, registered in the Madrid Commercial Register, and has its registered office at the following address:

FERNÁNDEZ CABADO, S.L. – FERCABIN

C/ PARROQUIA DE LUBRE, PARC E-21. BERGONDO INDUSTRIAL ESTATE

15165 – BERGONDO

La Coruña (Spain)

administracion@fercabin.net

Duration of the terms and conditions of purchase

The period of validity of the offer and the price of the Products and/or Services shall correspond to the time during which they remain published on the Website, such that FERCABIN reserves the right to amend these terms and conditions of sale in the future. In such a case, the amended terms and conditions of sale shall be valid and enforceable only in respect of orders placed by the Customer after such revised terms and conditions have been published on the Website. Consequently, FERCABIN invites the Customer to review the most recent version of the terms and conditions of sale before placing an order and/or entering into a contract, as well as to print a copy of them or save them electronically.

Acceptance of the General Terms and Conditions of Sale

By placing an order, the Customer unconditionally ACCEPTS and undertakes to comply with these terms and conditions of sale/contract in their dealings with FERCABIN, and further declares that they are a “consumer” within the meaning of the TRLGDCU. The Customer acknowledges that FERCABIN is not bound by terms and conditions of sale other than those set out herein, unless otherwise agreed in advance and in writing.

Customer’s Undertakings

Customers expressly accept full and unreserved adherence to these terms and conditions of sale and/or contracting, in the version published by FERCABIN at the time the Customer contracts the service, product and/or content in which they are interested. The Customer therefore undertakes to read the terms and conditions of sale carefully each time they contract a product, as these may have been amended since the last time they accessed them.

By accepting these General Terms and Conditions, the Customer declares:

• That they are a person with the legal capacity to enter into a contract or make a purchase.
• That they have read and accept these General Terms and Conditions.

The Customer shall, in all cases and prior to the commencement of the contracting and/or purchase procedure, have access to the terms and conditions, which may be stored and/or reproduced on a durable medium. The Customer acknowledges that the contract for the sale of Products is concluded upon completion of the purchase process; furthermore, the Customer acknowledges that it is at that moment that the Customer becomes obliged to pay the final purchase/contract price for the Products and/or Services acquired, which shall include all applicable taxes and shall itemise the additional costs incurred during the purchase process.

The prices and rates applicable to the Customer’s purchase of services/products shall be those listed on the Website at the time the Customer accesses the specific service and proceeds to initiate the purchase process. FERCABIN reserves the right to modify the prices of the products published on the aforementioned Website whenever it deems appropriate, and shall make such changes visible on the Website. All materials included on the Website (including, but not limited to, all images, text, trademarks, logos or other distinctive signs ) belong to FERCABIN or third-party licensors and are protected as works subject to intellectual
or industrial property rights.

Consequently, the Customer may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow public access through any form of public communication of any of the elements referred to in the preceding paragraph, without the prior written authorisation of FERCABIN or the legitimate third-party owner of the relevant rights.

Procedures for entering into the contract of sale

The Customer must register as a user on the website, must have an email address and provide true and accurate details; the Customer is responsible for all activity on their account. Their account may be cancelled if it is used to carry out activities that breach these terms and conditions. The contract is drawn up in Spanish, in accordance with these Terms and Conditions. Offers shall remain valid for the period specified in each case on the Website. The Customer may consult the essential characteristics of each product and/or service via its description on the Website.

To make a purchase on the Website, you will be asked to follow these steps:

1. Select the desired Product. – Log in or register as a new user. – Enter your login details or create an account if this is your first time placing an order on the website.
2. Confirm delivery details.
3. Select payment and delivery method. – The final price, based on any additional services and/or products selected, will be displayed automatically. This final price will include both delivery charges and any other possible costs indicated during the purchase process.
4. Confirm your purchase.

Validity period of the terms and conditions of purchase

FERCABIN’s Obligations

FERCABIN undertakes to comply with the following contractual obligations arising from the commercial relationship with the Customer as a result of the Customer’s contracting or purchase of the services and/or products:

1. To provide the Customer, with the utmost assurance, with the service requested by the Customer in accordance with the provisions of the terms and conditions of the contract, without breaching the principle of good faith.
2. To expressly inform the Customer of the existence of these terms and conditions prior to the commencement of the contracting process.
3. To inform the Customer prior to contracting, and in a specific, clear, precise and unambiguous manner, of the specific characteristics of the services requested, such as their price and any applicable taxes.

Customer’s obligations

For their part, the Customer undertakes to:

1. Comply fully with the provisions set out in these terms and conditions governing the services provided by FERCABIN.
2. Complete the registration forms prior to the start of the contract process with accurate and up-to-date information.
3. Provide the bank details requested by FERCABIN correctly.
4. Pay the price of the products purchased; the submission of a complaint shall not exempt the Customer from this obligation.

Customer Rights

All information provided to the customer shall be binding on the supplier in accordance with the terms set out in current legislation. Every customer is entitled to receive goods that meet the agreed category and legal requirements, or are of a quality directly commensurate with the product’s category.

Delivery of Products

FERCABIN will deliver the purchased Products to the address provided by the Customer, provided that the address is located within Spanish territory, with the exception of Ceuta and Melilla. FERCABIN guarantees delivery of your order within the specified timeframe, depending on the geographical area or the service chosen, provided that the products are in stock and meet the quality standards we guarantee for all our items. The cost of delivery varies depending on the transport service chosen and the destination. Orders received on Saturdays, Sundays and public holidays will be considered received on the first working day following the order date.

Products out of stock

If Products are out of stock, this will be indicated on the Website and the Customer will not be able to place their order until the Products are back in stock and available for dispatch. If, after receiving the Customer’s order, FERCABIN discovers that a Product is out of stock, FERCABIN will notify the Customer and refund the payment made by the Customer.

Delivery times and the corresponding costs will depend on the availability of the Product, the delivery methods and the courier in question, as well as any specific requests and/or modifications requested by the Customer. The risk of loss or damage to the goods passes to the Customer from the moment delivery is made
to the Customer’s address. FERCABIN shall under no circumstances be liable for any damage caused by the misuse of the goods.

Warranties and Defective Products

All products sold by FERCABIN comply with the Consolidated Text of the General Law for the Protection of Consumers and Users (RDL 1/2007) of 16 November; for any matters not covered by this legislation, the specific provisions of the Spanish Civil Code applicable to such matters shall apply. FERCABIN is liable for any lack of conformity that becomes apparent within two years of delivery. If the product is not in conformity, the consumer and user may choose between demanding repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user informs FERCABIN of the chosen option, both parties must abide by it. A price reduction and termination of the contract shall apply, at the consumer’s and user’s discretion, where the consumer cannot demand repair or replacement, and in cases where these have not been carried out within a reasonable time or without significant inconvenience to the consumer and user. Termination shall not apply where the lack of conformity is of minor importance.

You must always present the receipt or purchase invoice in order to make a claim under the product warranty. For any queries, concerns or issues relating to the products and services offered by FERCABIN, the Customer should contact Customer Services via the corporate email address administracion@fercabin.net. The email must include the purchase receipt, the make and model of the defective Product and a description of the defect discovered, as well as the Customer’s personal details. Once the email has been sent, the Customer will receive by email a written reply and a summary containing the information required to process the warranty claim. This is the only way to obtain a replacement, repair or refund for defective Products.

The defective Product must be returned to FERCABIN in a sealed package, at no cost to the Customer, sent to the address indicated in the first clause of these terms and conditions of sale. FERCABIN reserves the right to verify the existence of the defect. Only after such verification will FERCABIN proceed to replace, repair or refund the Product, as appropriate.

Repairs and replacements will be carried out within a reasonable period of time following the request, taking into account the availability of replacement Products, as well as the costs and time required to carry out the repairs. The costs of postage, labour and materials shall be borne by FERCABIN.

Where repair or replacement proves impossible or excessively onerous, the Customer shall be entitled to terminate the contract (such termination shall entail the return of the Product and a full refund of the amounts already paid).

Right of withdrawal

All purchases made on the Website are governed by the provisions of the TRLGDCU relating to distance selling. In particular, the Customer has the right to withdraw from the contract for the purchase of Products, without incurring any penalty or charge and without any obligation to state the reasons for such withdrawal, within 15 (fifteen) calendar days of the date of delivery of the Product.

The right of withdrawal may be exercised in two ways: either by post sent to the address specified in the withdrawal form, or by email, within the period
stated above. The email must include the purchase invoice, the customer’s contact details, the make and model of the product to be returned and, at the customer’s discretion, a brief description of the reasons for the withdrawal. Once the email has been sent, the Customer will receive a reply from FERCABIN by email.

The Product to be returned must be sent to FERCABIN in a sealed package addressed to the address indicated in the first clause of these terms and conditions of sale.

FERCABIN will accept the return of any Product without delay, provided it is in perfect condition, and complete (including packaging and instruction manual), and that the right of withdrawal has been exercised in accordance with the terms and conditions set out above, and will refund all amounts paid as soon as possible within 14 calendar days of receiving the product at our premises. The customer shall only be liable for any reduction in value caused by improper handling of the product being returned.

New products may in some cases be missing their original packaging. If, after purchasing the product, you wish to exercise your right of withdrawal, you must return the product in the same condition in which it was received; no withdrawal from the purchase will be accepted if the product is in a condition different from that in which it was originally sold.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Where the product or service has customised features and has been made to measure in accordance with the Customer’s instructions, the Product or Service shall be considered a “made-to-measure product”, and therefore the Right of Withdrawal may not be exercised. In such cases, the Customer must provide a report or explanation of the non-conformity with the product or service received, which will be examined by FERCABIN’s after-sales service and a satisfactory resolution (replacement, repair, modification) will be sought where feasible and justifiable.

In the case of the sale of products whose medium consists of computer files supplied electronically, which can be downloaded or reproduced immediately for permanent use, the right of withdrawal shall also not apply.

No returns will be accepted for any product that is activated online. All products sold by FERCABIN comply with the provisions of Royal Decree-Law 1/2007 of 16 November, the consolidated text of the General Law for the Protection of Consumers and Users.

Delivery error

In the event of an incorrect delivery, FERCABIN will arrange for the product to be collected (service available exclusively on the Spanish mainland and the Balearic Islands) and will dispatch the correct item at no cost to the customer once the incorrect product has been returned to our Head Office, provided that the issue is reported within the first 7 days of the purchase date, via our online Customer Service forms.

Rejected product

If, for reasons not attributable to FERCABIN or the transport agency, the order is refused by the customer, FERCABIN reserves the right to claim from the customer the delivery charges corresponding to standard delivery. Payment of these charges will be made either by charging the credit card used for the purchase, or by any other means subsequently agreed with the customer.

Cancellation of orders by FERCABIN

FERCABIN reserves the right to cancel orders or specific Products and/or Services within an order if any of the following circumstances apply:

• Products classified as unavailable or out of stock by distributors.
• Products that cannot be delivered by suppliers due to issues beyond FERCABIN’s control.
• Credit card fraud.
• Incorrect use of discount vouchers.
• Fraud against FERCABIN.

FERCABIN will inform the Customer of the cancellation of any order and will refund all amounts paid for that order within 30 calendar days.

Privacy

FERCABIN implements data processing security measures that ensure the highest level of confidentiality for its customers, in full compliance with Spanish legislation on the protection of personal data. The legal notice regarding the processing of personal data is available in the Privacy Policy, to which we refer for all matters relating to the protection of personal data. By placing an order via the Website, the Customer expressly agrees that their personal data may be processed as described in the privacy notice.

After-sales service, information and complaints

For any clarification, claim, complaint or information regarding after-sales service, the Customer may contact FERCABIN Customer Services or send a written communication to the address of FERCABIN indicated in the first clause of these terms and conditions of sale, for the attention of Customer Services.

Applicable law and jurisdiction

These terms and conditions of sale and all orders shall be governed by Spanish law. This company is not registered with the Consumer Arbitration Scheme. The courts of the Customer’s place of residence or domicile shall have exclusive jurisdiction over any dispute that may arise in relation to the validity, interpretation or
application of these terms and conditions of sale and of any order.