Terms and Conditions
1. Validity and definition
GENERAL CONTRACTING CONDITIONS OF LANDATEL COMUNICACIONES, S.L., with registered office at Carretera de La Coruña, km. 17,800 28231 Las Rozas (Spain), C.I.F B-83170944 and registered in the Mercantile Registry of Madrid, Volume 17.382, Book 0, Folio 187, Section 8, Page M-298276, Inscription 1. E-mail address: email@example.com.
a) The present General Contracting Conditions will be the ones that, in exclusivity, will govern all the contracts of sale of products or services between LANDATEL COMUNICACIONES, S.L. and its clients, without prejudice of an express and written agreement on the contrary between the parts.b) It will be understood that the client, when acquiring a product or service from LANDATEL COMUNICACIONES, S.L., accepts by the same act the present General Contracting Conditions.c) To the effects of the present General Conditions, "consumers" will be understood as those clients that, being natural persons, acquire or agree to acquire, as final addressees, products or services of LANDATEL COMUNICACIONES, S.L., as well as the legal persons and entities that act with no profit motive in a field outside a commercial or business activity.
2. Preparation of the contract
a) By sending the corresponding order, the client will manifest to LANDATEL COMUNICACIONES, S.L. his offer to buy products or services. Once an order is received, LANDATEL COMUNICACIONES, S.L. will accept the mentioned offer of the client by means of the remission to the client, as soon as possible, of the corresponding acknowledgement of receipt. LANDATEL COMUNICACIONES, S.L. reserves the right to accept or not any order that could have been received.
b) The acknowledgement of receipt will contain a summary of the order, in any case, including the essential characteristics of the good or service, the identity of LANDATEL COMUNICACIONES, S.L. seller company, the address of its establishment together with telephone number, fax and e-mail, price, basic data about the delivery (in particular, approximate date and place) and applicable expenses, as well as, if it were the case, the unavailability of any product.
The acknowledgment of receipt will also allow the customer to access information regarding the conditions and ways to exercise the right of return and, in its case, of withdrawal, and access the Customer Service Department to, if desired, terminate the contract.
c) When the client was a consumer, the acknowledgment of receipt will additionally inform him:
- The total price of the goods or services, including taxes and duties, or, where the nature of the goods or services means that the price cannot reasonably be calculated in advance, the manner in which the price is determined, as well as, where applicable, all additional freight, delivery or postal and any other charges or, where such charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable. In the case of an open-ended contract or a contract including a subscription, the price shall include the total costs per billing period. Where such contracts are charged on a flat-rate basis, the total price shall also mean the total monthly costs. Where the total cost cannot reasonably be calculated in advance, the manner in which the price is determined shall be indicated.
- If the contract is to be concluded by post, telephone or fax, of the cost of using any of these means, where such cost is calculated on a basis other than the basic tariff.
- The payment, delivery and execution procedures, the date in which LANDATEL COMUNICACIONES, S.L. commits itself to deliver the goods or to execute the provision of the services, as well as, when appropriate, the system for the treatment of the claims.
- The language or languages in which the contract may be concluded, where this is not the language in which the pre-contractual information was given.
- The duration of the contract, where applicable, or, if the contract is open-ended or automatically extended, the conditions for termination.
- Where applicable, the minimum duration of the consumer's obligations under the contract.
Of the existence and terms of any deposits or other financial guarantees that you may be required to pay or provide, including those for which an amount is blocked on your credit or debit card.
- The existence of the guarantee of the goods, as well as the existence and conditions of the after-sales services and the commercial guarantees that Landatel may provide.
- Where the contract relates to digital content, of the various forms of use of the digital content and of any technical limitations, as well as of any relevant interoperability with the standard hardware and software with which the digital content is compatible.
- When LANDATEL COMUNICACIONES, S.L. was adhered to any of them, the possibility of resorting to an extrajudicial mechanism of claim and compensation and the methods to have access to it.
The acknowledgement of receipt shall also include the relevant information to the consumer about his right of withdrawal, in accordance with the legally established model, to which shall also be added the Model withdrawal form that appears as an Annex to these General Conditions. When, according to these General Conditions, the right of withdrawal does not apply, the acknowledgement of receipt will include the indication that the consumer does not have this right, or the circumstances in which he/she will lose it when it applies. d) LANDATEL COMUNICACIONES, S.L. will adopt the appropriate technical measures so that the client can in any case print or file the information contained in the acknowledgement of receipt.e) From that moment on, the client will be able to ask LANDATEL COMUNICACIONES, S.L. for information by any means, about the state of his order, as long as the nature of the good or service allows it.
3. Quotations and pricing
a) Unless otherwise stipulated, the validity of the written budgets of LANDATEL COMUNICACIONES, S.L. will be extended for a period of thirty days from their date.
b) After this period, or in the absence of a written budget, the prices and other expenses will be the ones established by LANDATEL COMUNICACIONES, S.L. on the date when the client makes his order.
c) The prices indicated in the catalogue and website, specially in the e-commerce platform of the latter, do not include VAT or any other tax, unless expressly indicated, and they can vary without previous notice. In case of typographical error, LANDATEL COMUNICACIONES, S.L., will be able to proceed to the cancellation of the order or to a negotiation of a special price with the client.
d) The prices indicated in the catalogue and website, specially in the e-commerce platform of the latter, do not include transport, unless expressly indicated. The client has the option to contract the shipment of material in LANDATEL COMUNICACIONES, S.L., or to use his own means of transport. LANDATEL COMUNICACIONES, S.L. will offer the option of transport with or without insurance.
In either case, LANDATEL shall be exempt from any liability for the replacement of equipment in the event of loss or damage during the journey between our warehouses and the place of delivery specified by the customer, unless the customer is a consumer, in which case the risk of loss or damage to the equipment shall pass to the consumer when he or a third party indicated by him, other than the carrier, has acquired possession of the equipment.
However, even if the customer is a consumer, he/she shall bear the risk of loss or damage to the material upon delivery to the carrier if he/she has ordered the transport himself/herself or if the carrier chosen is not one of those offered by LANDATEL.
e) Without any responsibility on its part, LANDATEL COMUNICACIONES, S.L. will be able to modify its catalogues and web pages (by adding or eliminating products), as well as the prices of any product, without previous notice.5. Payment terms
a) In the case of the purchase of products, payment shall be made in full prior to delivery.
b) In the case of contracting services, whether or not they involve the supply of products, 75% of the payment shall be made prior to the provision of the service, and the remaining 25% shall be paid once the service has been provided, and in any case within thirty days of the date of issue of the invoice. If, after this period has elapsed, and following written notification of default, payment has still not been made, legal interest plus 50% shall be applied to the amount owed. If, as a result of the referred non-fulfilment, LANDATEL COMUNICACIONES, S.L. would be forced to initiate any action aimed to recover the debt or any product, the client will be responsible for the consequent expenses.
c) The term established by Landatel Comunicaciones to receive the payment of the total amount of the order is four days in the case of orders placed and paid from Spain and seven days in the case of orders placed from a foreign country.
If Landatel Comunicaciones has not received payment after these deadlines, the order will be cancelled. If, once the order has been cancelled, the customer still wishes to purchase the material, he/she will have to place the order through:www.landatel.com, www.ulogistic.com, www.landashop.com or www.m0l0.com.
In any case, customers placing orders are required to send proof of payment within 48 hours by e-mail to firstname.lastname@example.org.
d) In compliance with the law, in the event of placing an order from a non-EU country where the customer chooses to collect the goods at the Landatel Comunicaciones, S.L. headquarters (whether it is a natural person who collects the goods or a courier or transport company), it will be necessary for the customer to pay the V.A.T. of the items in their order (even if the online shop has not charged this VAT when placing the order). The same applies to orders placed from the Canary Islands.5. Delivery of products or services
a) As far as possible, depending on stocks, the nature of the good or service, or other relevant circumstances, LANDATEL COMUNICACIONES, S.L. will specify an approximate delivery date in the acknowledgement of receipt of the order, which in no case will be more than thirty days after the client has requested the order. In the contracts with consumers, LANDATEL will specify the date of delivery of the good or of the execution of the service in the acknowledgement of receipt, delivery or execution that in any case will take place within the indicated period of thirty days.
b) LANDATEL COMUNICACIONES, S.L. will make every reasonable effort to make the delivery in the agreed term, and in any case within the thirty days that the previous paragraph refers to.
If, in spite of this, the last thirty days period elapsed without the delivery having been done, the client will have to summon LANDATEL COMUNICACIONES, S.L. to make the delivery in an additional period adequate to the circumstances and will have the right to terminate the contract if LANDATEL does not deliver the goods in this additional period, and to obtain the reimbursement of the price, if it had already been paid, amount that LANDATEL COMUNICACIONES, S.L. will return to the client in a maximum period of thirty days from the request. In the contracts with consumers, the previous paragraph will not be applicable when LANDATEL would have refused to deliver the goods or the delivery time is essential in view of all the circumstances that concur in its celebration or when the consumer would have informed LANDATEL, before the celebration of the contract, that the delivery before a certain date or on a certain date is essential. In such cases, if LANDATEL does not fulfil its obligation to deliver the goods within the period agreed with the consumer, or within the aforementioned thirty-day period, the consumer shall be entitled to terminate the contract immediately.
In the case of contracts with consumers by post, telephone, fax or Internet, if LANDATEL does not execute the contract because the contracted good or service is not available, LANDATEL will inform the consumer of this lack of availability, and the consumer may recover the sums paid; Alternatively, after expressly informing the consumer of this possibility, LANDATEL may supply, without any increase in price, a good or service of similar characteristics of the same or higher quality, in which case the consumer may exercise his/her right of withdrawal and termination under the same terms as if it were the material or service initially requested.
c) The place of delivery shall be the place indicated by the customer, as determined in the acknowledgement of receipt.
d) In shipments with customs clearance, once the material has arrived at the customs office corresponding to the addressee, Landatel Comunicaciones will not be responsible for the formalities, expenses and taxes that must be completed or paid in accordance with the specific law of each country (including customs clearance costs, extra charges and import taxes, as they are not included in the price of the article or in those of the shipment), which must be paid at the destination by the receiver of the goods. Landatel Comunicaciones, S.L., does not assume any responsibility derived from these obligations, which are the responsibility of the recipient.
Landatel Communications will provide the necessary documentation in order to facilitate the reception at destination of the items purchased at:www.landatel.com, www.ulogistic.com, www.landashop.com or www.m0l0.com.
e) For consumer contracts by post, telephone or Internet, LANDATEL shall provide the consumer with confirmation of the concluded contract on a durable medium within a reasonable time after the conclusion of the contract, at the latest at the time of delivery of the goods or before the start of the performance of the service. Such confirmation shall include:
- all the information referred to in clause 2 of these General Conditions that is applicable, unless LANDATEL has already provided the information to the consumer on a durable medium prior to the conclusion of the contract by the aforementioned means; and
- where applicable, confirmation of the consumer's prior express consent and knowledge of the consumer's loss of the right of withdrawal relating to digital content, in accordance with clause 9(c) of these General Terms and Conditions.
f) Even after having acknowledged the receipt of an order, LANDATEL COMUNICACIONES, S.L. will not proceed to send it to clients who do not have enough credit, who maintain unpaid products or who in general maintain litigations against LANDATEL.
g) LANDATEL COMUNICACIONES S.L. will not assume any responsibility as a result of the non-fulfilment by the client of the regulations that prohibit or subject to control or guarantees the export to certain countries outside the EU (embargoes); or of the regulations on export control of certain products, especially defence material and dual-use products and technologies. For information purposes only, the following URLs are provided:
http://www.comercio.gob.es/es-ES/comercio-exterior/informacion-sectorial/material-de-defensa-y-de-doble-uso/guia-operador/Paginas/productos-y-tecnologias-exportacion.aspx6. Liability arising from the contract
a) In the case of acquisition of products or services that do not include the supply of products, it will be understood that the client accepts them once the delivery or service has been carried out, as appropriate.
b) In the case of contracting services that include the supply of products, it will be understood that the client accepts them once the installation has been done by LANDATEL COMUNICACIONES, S.L., according to what is stated in clause 7 b) of these General Conditions.
c) According to the current legislation, LANDATEL COMUNICACIONES, S.L. will be obliged to repair the damages caused by fraudulent or negligent behaviour of its employees. The referred responsibility will be limited to the value of the product or service, unless the result would have been death or bodily injury, in which case the limitations foreseen in the present General Conditions will be applied.
d) The products will be used according to the instructions and manuals of the corresponding manufacturer. LANDATEL COMUNICACIONES, S.L. will be able to add to the product documentation or to the information provided to the client during the purchase process, data related to the manufacturer's conditions, and the client will have to accept them, as soon as they are applicable.
LANDATEL COMUNICACIONES, S.L. is not in any way responsible for any circumstance derived from the application of information, which may be those related to the number of users, connections, real bandwidth, PIRE power or similar issues, as well as any characteristic subject to external factors such as conditions meteorological, orography, network connections, user equipment, peripherals, accessories, etc., all of them indicated at a purely estimative level, based on data provided by the manufacturers of the equipment or the components that constitute them, favorable conditions of use , concurrency rates, and normal configuration parameters.
e) LANDATEL COMUNICACIONES, S.L. will not respond in any way to its customers or third parties for: the consequences of the use of the product (in isolation or in combination with others provided by the customer or by third parties), whether direct or indirect damages, accidents suffered by people, damage to goods other than the product, loss of profit or loss of profit, damage resulting from deterioration or loss of data; or losses caused by force majeure, which must in any case be understood as: natural or environmental phenomena or catastrophes, riots or riots, insurrections, strikes or other labor disputes, wars, terrorist attacks, product shortages, interruptions in the provision of services, political or government acts, legal limitations or court orders.
f) LANDATEL COMUNICACIONES, S.L. is not responsible for possible typographical or content errors in the characteristics of the products that may occur occasionally, and as well as the prices, these characteristics are subject to change without previous notice.
The photographs or images contained in graphic or digital documentation (in particular, on the websites) are shown for guidance purposes only, without LANDATEL COMUNICACIONES assuming any responsibility derived from alleged inaccuracies in the characteristics of the product. As well as the prices, the specifications of photographs or images are subject to change without previous notice.
g) Except previous written authorization from LANDATEL COMUNICACIONES, S.L., the client will not be able to transfer the rights or obligations that the present General Conditions, according to the case, confer or impose to him/her.7. Pre-configuration and installation services
a) The pre-configuration service consists of sending the equipment configured according to the parameters and functionalities required by the customer. This service can only be contracted at the time of purchasing the equipment and will require the customer to fill in the form with the necessary data for its correct execution.
The preconfiguration service does not include the handling of equipment other than that purchased at the time of contracting the service.
b) The installation service includes the installation and commissioning of the equipment, as well as the elements necessary for its special operation.
The customer must sign the service request document before the service is carried out. This document shall specify the equipment to be installed and the configuration requested.
Once the service has been carried out, the technicians of LANDATEL COMUNICACIONES, S.L. will proceed to check together with the client the situation and degree of functionality of the installation, having to sign together the declaration of conformity at the end of it.c) The cost of this service attended by telephone will be 65 € + VAT per hour, which will be prorated according to the minutes provided in this service. If the service is requested in person, the cost will be €100 + VAT per hour, travel expenses not included.
- Maintenance contract
9. Returns and complaints
LANDATEL COMUNICACIONES, S.L. offers its clients the possibility of contracting a global maintenance service that covers telephone support, parts, labour and displacement. The conditions of this contract will appear in the contract and the cost will depend on its duration, installed equipment, distances and type of service provided by the equipment.
LANDATEL COMUNICACIONES, S.L. will only accept the return of equipment in the fourteen days following its delivery in the case that it is returned in perfect condition and with all the elements that compose it in its original packaging, and as long as they are not products manufactured according to specifications or individualizations suggested by the client.
B) WITHDRAWAL AND RETURNS BY CONSUMERS
If the customer is a consumer, he shall have a period of fourteen days to make a return, which shall be counted from the receipt of the material or from the conclusion of the contract if its object is the provision of a service.
Landatel Comunicaciones, S.L. will accept returns as long as the product is in the same condition in which it was delivered, and the instructions, documentation and accessories must be kept. Please keep the original packaging until the end of the aforementioned period of fourteen days to exercise the right of withdrawal.
In such cases, LANDATEL will refund all sums paid by the consumer, including delivery costs, if applicable. The refund of these sums will be made within fourteen days from the date on which the consumer had informed Landatel Comunicaciones, S.L. of his decision to withdraw from the contract. Notwithstanding the above, in the event that the consumer has expressly selected a delivery method other than the least expensive ordinary delivery method, Landatel Comunicaciones, S.L. shall not be obliged to reimburse the additional costs arising therefrom. Furthermore, unless LANDATEL has offered to collect the material itself, LANDATEL may withhold reimbursement until it has received the material, or until the consumer has provided proof of the return of the material, depending on which condition is met first. The cost of returning the goods shall also be borne by the consumer if the contract was concluded by post, telephone, fax or Internet and the goods, by their nature, cannot normally be returned by post.
The right of withdrawal shall not apply to contracts relating to:
- The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and with the acknowledgement on his part that he is aware that, once the contract has been fully executed by LANDATEL, he will have lost his right of withdrawal.
- The supply of goods made to the consumer's specifications or clearly personalised.
- The contracts in which the consumer has specifically requested LANDATEL COMUNICACIONES, S.L. to visit him/her to carry out urgent repair or maintenance operations; if, in that visit, LANDATEL provides additional services to those specifically requested by the consumer or supplies goods different from the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal will be applied to those additional services or goods.
- The supply of sealed sound or video recordings or sealed computer software which has been unsealed by the consumer after delivery.
- The supply of digital content that is not provided on a material medium when the performance has begun with the prior express consent of the consumer with the knowledge on his part that he consequently loses his right of withdrawal.
- Any others provided for in the legislation in force and which may be applicable.
The consumer will be able to exercise his right of withdrawal by filling in and sending to LANDATEL COMUNICACIONES, S.L., by mail or e-mail to the address email@example.com, the withdrawal form model that appears as an Annex to these General Conditions; or to make another type of unequivocal statement in which he/she indicates his/her decision to withdraw from the contract. In either case, if the consumer chooses email as a means of communication of his withdrawal, LANDATEL will promptly communicate to the consumer on a durable medium the acknowledgement of receipt of the withdrawal.
LANDATEL COMUNICACIONES, S.L., offers its clients the possibility to check the equipment or components purchased and to communicate any breakage or error in the shipment by sending an e-mail to firstname.lastname@example.org within a maximum period of 48 hours.
In the event that you do not receive all or part of your order within 24 hours if it is a city or 48 hours if it is a town or area of difficult access, from the date of receipt of the e-mail confirming the departure of the order (in which you are informed of the code to track it), you must inform Landatel Comunicaciones immediately by sending an e-mail to email@example.com. If Landatel Comunicaciones does not receive your notice within 48 hours of the estimated date of arrival, Landatel Comunicaciones will not be able to make a timely claim to the insurance company and the possible loss will not be covered.
This Clause shall be without prejudice to the provisions of paragraph (B) above in respect of consumer contracts.
Without prejudice to the warranty clauses in these General Conditions, the customer may request the repair of the product in the event of a fault, subject to the following conditions:
- The sending of equipment due to failure will be done by previous request of RMA number by the client through the form that LANDATEL COMUNICACIONES, S.L. will make available in its web, or by sending it by e-mail or fax. And no equipment will be accepted without the RMA form correctly filled in.
- The sending of the equipment must be done in the box, envelope or wrapping, and the RMA number provided by LANDATEL COMUNICACIONES, S.L. must appear. If several equipments are sent in the same package, the RMA numbers of all of them must appear on the outside. The expenses and risks of the shipment will be paid by the client.
- Once the equipment has been repaired, LANDATEL COMUNICACIONES, S.L. will send it back to the client with postage paid. The equipment will be sent in the same packing conditions and with the same elements and accessories provided by the client. All those equipments that after the technical revision, have not needed any repair and whose functioning is therefore correct, will incur in an extra cost that will vary between 30€+VAT and 60€+VAT as determined by our technical department and that will have to be paid before the return of the equipment.10. Means of payment and security of personal data
- Bank Transfer
- VISA Credit Card, or Master Card.
In case of bank transfers, it will be required the sending of the receipt by fax or e-mail as proof of payment, reserving LANDATEL COMUNICACIONES, S.L. the right to retain the merchandise until the reception of the funds by the bank.
Those regular customers who wish to opt for the deferred payment method may request it to our Administration Department, which will require the relevant documentation to proceed to its study and subsequent acceptance in the event of a favourable decision.
b) LANDATEL COMUNICACIONES, S.L. does not use in any way the credit card numbers of its clients for any other purpose than to formalize their payments. c) The client accepts the treatment by LANDATEL COMUNICACIONES, S.L. of the personal data provided by him/her, as a result of the transactions carried out by virtue of the present General Conditions. This treatment will be adjusted in any case to the applicable legislation, as well as to the Data Protection Policy of LANDATEL COMUNICACIONES, S.L., that the client can consult on the web pagehttps://www.landatel.com/en_US/politica-de-proteccion-de-datos
11. Use of software
a) When, according to the products or services supplied, the use of certain software is necessary, whether it belongs to LANDATEL COMUNICACIONES, S.L. property or to third parties property, LANDATEL COMUNICACIONES, S.L., in its own name or in the name of the third party owner of the software, will license the client in a non-exclusive way for the use of a copy for an indefinite time, being its price included in the total price of the product or service. The corresponding licence will not transfer the ownership domain to the client on the software subject to it, and the client will not be authorised to allow further uses of the software without previous written permission from LANDATEL COMUNICACIONES, S.L., or to alter it, deconfigure it or manipulate it in any other way, without previous written permission from LANDATEL COMUNICACIONES, S.L.
b) On the software subject to this licence, LANDATEL COMUNICACIONES, S.L. reserves all the other intellectual and industrial property rights foreseen in the current legislation.
12. Guarantee: conditions of application
a) The products sold by LANDATEL COMUNICACIONES, S.L. qualified as "goods with digital elements" have a 3 years guarantee according to the current legislation for the final consumer, guarantee that will be provided by the manufacturer. For distributors, the guarantee is for one year, except for Ruijie and TPLink brands, which will be for three years. Power supplies are excluded from the guarantee. This warranty includes the parts and labour necessary for the repair of the faulty equipment, as well as the pre-configuration of the equipment in the case of having been contracted at the time of purchase.
For refurbished products, i.e. used and reconditioned equipment, the warranty will be one year for both consumer and dealer.
The installations carried out by LANDATEL COMUNICACIONES, S.L. have a guarantee period of 2 years if the installation is accompanied by the supply of material. For those cases that are limited to the installation or maintenance, the guarantee period will be of 6 months. This is provided that the faults are directly related to defects in the execution of the installation.
b) LANDATEL COMUNICACIONES, S.L. will not respond under any concept of the possible failures or defects that the products provided by other manufacturers could have. It will be the manufacturer itself who, with its own guarantee, will be responsible for the possible flaws that the product could have. The customer can verify in this same clause the rights that he/she has and the guarantee period offered by LANDATEL.
c) Neither the equipment warranty, nor the installation warranty includes travel to the customer's home. In the event of requiring a trip, the customer must request a maintenance contract at the time of purchase or after the purchase, in which case a grace period of fifteen days will be applied in the provision of this service.
d) Neither the equipment guarantee nor the installation guarantee includes the disassembly and subsequent assembly of the faulty equipment or equipment in its place of operation. In the case of requiring the disassembly and subsequent assembly, the customer must request a quote, or otherwise make a maintenance contract at the time of purchase or after the purchase, in which case a grace period of fifteen days shall apply in the provision of this service.
e) The warranty does not include replacement equipment, except in cases where such service is contracted at the time of purchase of the equipment.
f) The guarantee will not be valid in the case that the client's intervention is detected by opening or breaking the guarantee seals, or in the case that the equipment is damaged due to breakage or damages caused by maintenance, inadequate use or treatment, falls, vandalism or similar actions.
g) The LANDATEL COMUNICACIONES, S.L. guarantee will not be extended to the damages caused to the product by exogenous causes, such as environmental disturbances, accidents or damages during the transport, attacks against the computer security (virus, cracking), software of the client or of a third party, deficiencies related to the installation location, or mismatches in the electric current supply, among others of analogous nature; neither will it cover claims related to the performance, useful life or quality of its products.
h) Unless otherwise agreed in writing, LANDATEL COMUNICACIONES, S.L. does not guarantee the suitability of its products for the specific uses or performances that the client decides to give them or obtain from them. Neither does it guarantee an operation free of occasional malfunctions.
i) The guarantee will not be effective if the client maintains a situation of non-payment with LANDATEL COMUNICACIONES, S.L., being the previous payment of the outstanding debt an essential condition to obtain the guarantee coverage.
13. Warranty repair process
a) The warranty repair process takes place at three levels:
- Level 1. Communication of the anomaly by e-mail to firstname.lastname@example.org. Once the notification has been studied, the technical service of LANDATEL COMUNICACIONES, S.L. will contact the client in writing or by phone to try to solve the problem without sending the equipment.
- Level 2. Sending the equipment by the client. Once the ways to solve the incidence of the first level have been exhausted, the equipment will be sent to LANDATEL COMUNICACIONES, S.L. previous request of the corresponding RMA number (see conditions of equipment return in clause 9). Once received, the technical team of LANDATEL COMUNICACIONES, S.L. will proceed to inspect the equipment and check the possible failure.
- Level 3. Sending to the manufacturer and return to the client. After checking the breakdown of the equipment and verifying the state of the warranty seals, LANDATEL COMUNICACIONES, S.L. will proceed to send the equipment to the manufacturer together with the necessary documentation and descriptions in the language designated by the manufacturer. The shipments are consolidated every month, so it can take several days until it is sent to the manufacturer. Once repaired or replaced, the unit is sent to LANDATEL COMUNICACIONES, S.L. and immediately sent back to the client. b) LANDATEL COMUNICACIONES, S.L. offers its clients the possibility of contracting the Replacement Guarantee service (see description in clause 14 of these General Conditions) and thus avoid delays in the operability of the installations.c) If during the level 2 inspection, manipulation by the client is detected, which causes failure or dysfunction due to configuration errors, LANDATEL COMUNICACIONES, S.L. will invoice the client the amount of 40 euros + VAT for the time spent in the verification and resolution of the failure. The payment of this amount will have to be done before the return of the equipment by LANDATEL COMUNICACIONES, S.L. to the client.
d) The shipping costs will be paid by the client, unless he/she is a consumer, in which case they will be paid by LANDATEL COMUNICACIONES, S.L. Nevertheless, when the consumer has expressly selected a delivery modality different to the less expensive modality of ordinary delivery, LANDATEL COMUNICACIONES, S.L. will not be obliged to reimburse the additional costs derived from it.
14. Replacement Guarantee
a) In order to avoid delays in the resolution of breakdowns and to maintain the highest level of operability in the client's equipment, LANDATEL COMUNICACIONES, S.L. offers the possibility of contracting the Replacement Guarantee Service. This service consists of the immediate replacement of the equipment sent with the corresponding RMA.
b) Through this service, LANDATEL COMUNICACIONES, S.L. commits itself to have in stock equipments of equal or superior category to the ones contracted by the client, to be sent immediately once the damaged equipment has been received.
c) The Replacement Guarantee Service must be contracted at the moment of the purchase, specifying in the invoice the serial numbers of the equipment included in the contract.
d) The Replacement Guarantee can only be applied simultaneously to as many units as units contracted at the time of purchase, that is to say, if the customer contracts the replacement guarantee for one unit, he/she can only send one of the units shown on the invoice, if he/she contracts two units, he/she can send two units simultaneously, and so on.
e) In the case of equipments that are less than one month old, LANDATEL COMUNICACIONES, S.L. will send as replacement equipment a new unit of the same or superior equipment. If the equipment is older than one month, LANDATEL COMUNICACIONES, S.L. will send a unit of the same or superior category that could have been previously used.
f) If the client has contracted the Replacement Guarantee Service, if the failure of the equipment allows its operation and it is also in a critical service position, the client could request the previous sending by LANDATEL COMUNICACIONES, S.L. of the substitution equipment to carry out the replacement with the least possible impact. In this case, the client will have to deposit a deposit equivalent to the value of the equipment sent, which will be reimbursed once the damaged unit is received.
15. Post-Sell services
LANDATEL COMUNICACIONES, S.L. offers its clients the following after-sales service modalities:
Free of charge. Through the electronic means that LANDATEL COMUNICACIONES, S.L. offers to its clients: web page, chat on line, e-mail.
Paid - Telephone. Through telephone support packages of one, five or ten calls, or through quarterly, half-yearly or annual support contracts. The cost of this telephone support service will be €65 + VAT per hour, which will be prorated according to the minutes provided in this service with a minimum of 30 minutes.
Paid - In person. By contracting on-site technical assistance services. If the service is requested in person, the cost will be €100 + VAT per hour, travel expenses not included.
a) For the resolution of any doubts, incidences or complaints related to your orders, or with the products or services acquired, LANDATEL COMUNICACIONES, S.L. places at the full disposal of its clients its Customer Service Department, Calle Río Odiel, 14 28906 Getafe (Madrid), telephone number (+34) 91.146.17.00 and e-mail email@example.com@landatel.com.
In the case of consumers, LANDATEL's customer service will provide them with a key identifying their complaint and a written proof, on paper or on any other durable medium (e.g. an e-mail). b) In the case of a request for repair of products under warranty, the procedure will be in accordance with the provisions of clause 13.c) In the case of other requests, or in particular in the case of complaints, the customer shall first contact our Customer Service Department, which shall deal with it within a maximum of 10 days of receipt. If our Service is not in a position to provide the customer with a solution within this period, it will inform the customer and set an additional period of thirty days, limited to a total of one month in the case of consumers, for this purpose. If the client is not satisfied with the solution proposed by LANDATEL COMUNICACIONES, S.L., he/she will be in full conditions to raise the complaint to the conflict resolution instances to which the present General Conditions refer.
d) For a better guarantee of its clients, LANDATEL COMUNICACIONES, S.L. will file the file with the main incidences related to each one of the received complaints.
17. Contract termination
a) The following causes will empower either party to terminate the contract, prior written notice to the other:
- lthe declaration of bankruptcy or insolvency of the other party, making it impossible to pay the debts incurred;
- the non-performance by the other party of its obligations under these General Terms and Conditions, if after written notice to perform, it fails to do so within thirty days;
- the persistence for more than two months of any circumstance of force majeure, such as, among others, those mentioned in clause 6 e) of these General Terms and Conditions, without prejudice to the fact that the respective period for the fulfilment by the parties of their contractual obligations may be increased by mutual agreement by up to the same amount of time, with the aforementioned limit of two months.
18. Applicable law and dispute resolution
a) Without prejudice of the legally recognized rights to the clients who are consumers, the present General Conditions and its interpretation, as well as any litigation derived from the contracting between LANDATEL COMUNICACIONES, S.L. and its clients will be ruled by the Spanish legislation.
b) With express waiver of their own jurisdiction, the parties submit to the jurisdiction of the Courts and Tribunals of the Community of Madrid (Spain).