Contact
93 573 07 98
info@profauto.es
GENERAL CONDITIONS OF SALE
www.profauto.es
1. GENERAL INFORMATION
The ownership of this website, www.profauto.es, (hereinafter Website) is held by: Sonia MartinezMayor, with NIF: 36519707P, and whose contact information is:
Address:Carrer La Bassa, 9 Pol. Ind. LLevant
Telephone contact: 935730798
Contact email: info@profauto.es
This document (as well as all other documents mentioned here) regulates the conditions bywhich govern the use of this Website (www.profauto.es) and the purchase or acquisition of products and/orservices therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that profauto.es carries out through theWebsite includes:
Sale, marketing and distribution of furniture for industrial vehicles, accessories andservices related to them.
Distribution and marketing of third-party brands that authorize us to do this and act assuppliers.
In addition to reading these Conditions, before accessing, browsing and/or using this website, theUser must have read the Legal Notice and the General Conditions of Use, including the policyof cookies, and the privacy and data protection policy of profauto.es. By using this Site
Web or when making and/or requesting the acquisition of a product and/or service through it the UserYou agree to be bound by these Conditions and by everything mentioned above, soIf you do not agree with all of the above, you should not use this Website.
Likewise, you are informed that these Conditions could be modified. The User is responsible forconsult them every time you access, browse and/or use the Website since those that areare in force at the time the acquisition of products and/or services is requested.
For all questions that the User may have in relation to the Conditions, they can contactcontact the owner using the contact details provided above or, where applicable, usingthe contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to asinterchangeably, individually as a User or jointly as Users), soaccept, from the moment you start browsing the Website, all the Conditions established herein,
as well as its subsequent modifications, without prejudice to the application of the corresponding regulationsmandatory legal compliance depending on the case.
The User assumes responsibility for correct use of the Website. This responsibility iswill extend to:
Use this Website only to make inquiries and purchases or acquisitions.legally valid.
Do not make any false or fraudulent purchases. If it could reasonably be considered thathas made a purchase of this nature, it could be canceled and the authorities would be informedrelevant.
Provide truthful and lawful contact information, for example, email address,postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts throughthis Website.
The Website is aimed mainly at Users residing in Spain. profauto.es does not guarantee thatThe Website complies with the laws of other countries, either totally or partially. profauto.es declinesany liability that may arise from said access, nor does it ensure shipments or
provision of services outside Spain.
The User may formalize, at their choice, with profauto.es the purchase and sale contract of thedesired products and/or services in any of the languages in which these Conditionsare available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can purchase on the Website by the means and formsestablished. They must follow the online purchase and/or acquisition procedure of www.profauto.es,during which various products and/or services can be selected and added to the cart, basket or
final purchase space and finally click on "Buy and pay now".
Likewise, the User must fill out and/or verify the information requested in each step,although, during the purchase process, before making the payment, the details of the purchase can be modified.buys.
Next, the User will receive an email confirming that profauto.es has received theirorder or request for purchase and/or provision of the service, that is, the confirmation of the order. And, in hisIn this case, you will also be informed by email when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating aelectronic invoice that will be sent to the User via email. Likewise, the UserYou can, if you wish, obtain a copy of your paper invoice, requesting it from profauto.es using
the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditionsof sales that concern the product and/or service in question and that are shown together with the presentationor, where applicable, an image of it on its page on the Website, indicating, by way of example, but not
exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details ofthe products, or characteristics, how they will be carried out and/or cost of the services; andacknowledges that placing the purchase or acquisition order materializes the full andcomplete of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, profauto.es is not the manufacturer of the productssold or that could be marketed on the Website. Although profauto.es makes greatefforts to ensure that the information shown on the Website is correct, sometimes the packaging and/ormaterials and/or components of the products may contain additional or different information
than that which appears on the Website. Therefore, the User must not only consider the informationprovided by the Website, but also the information available on the labeling, thewarnings and/or instructions that accompany the product.
Communications, purchase orders and payments that intervene during transactions carried outon the Website could be archived and preserved in the computerized records of profauto.es
in order to constitute a means of proof of the transactions, in any case, respecting thereasonable security conditions and the laws and regulations in force that in this regard are ofapplication, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of theCouncil of 27 April 2016 on the protection of natural persons with regard toprocessing of personal data and the free circulation of these data (RGPD) and the Organic Law3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, andthe rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by profauto.es through the Website are subject to theavailability of the products and/or that no circumstance or cause of force majeure (clausenine of these Conditions) affects their supply and/or the provision of services. Yeah
difficulties arise regarding the supply of products or there are no products left in stock,profauto.es undertakes to contact the User and refund any amount that may have beenbeen paid as an amount. This will also be applicable in cases where the
provision of a service would become unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unlessDue to legal requirements, especially with regard to VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown.displayed on the Website. Thus, profauto.es carries out delivery and/or shipping services through: DHL.
In no case will the Website add additional costs to the price of a product or service.automatically, but only those that the User has voluntarily selected and chosen andfreely.
Prices may change at any time, but possible changes will not affect theorders or purchases in respect of which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card.
profauto.es uses all means to guarantee the confidentiality and security of the data ofpayment transmitted by the User during transactions through the Website. As such, the SiteWeb uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verification and authorization by the entitybank issuing them, if said entity does not authorize the payment, profauto.es will not be responsiblefor any delay or non-delivery and will not be able to formalize any contract with the User.
Once profauto.es receives the purchase order from the User through the Website,will pre-authorize the corresponding card to ensure that there are sufficient fundsto complete the transaction. The card will be charged at the time it is sent to the User.
confirmation of shipment and/or confirmation of the service provided in the form and, where applicable, placeestablished.
In any case, by clicking on "Buy and pay now" the User confirms that the payment methodused is yours.
6. DELIVERY
In cases where it is necessary to physically deliver the contracted good, deliveries will be madewithin the scope of the following territory: Spain (Peninsula and Balearic Islands).
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriatecase, derived from the personalization of the products, the purchase order consisting of theProducts listed in each purchase confirmation will be delivered within the period indicated in the
Website according to the shipping method selected by the User and, in any case, within the maximum period30 calendar days from the date of order confirmation.
If for any reason, attributable to it, profauto.es could not meet the delivery date,will contact the User to inform him of this circumstance and he may choose to continue with thepurchase by establishing a new delivery date or cancel the order with a full refund of theprice paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the absence of the User, the order could bereturned to the warehouse. However, the carrier would leave a notice explaining where theorder and how to get it delivered again.
If the User is not going to be at the delivery location in the agreed time slot, they must contactContact profauto.es to arrange delivery on another day.
In the event that 30 days have passed since your order is available for delivery, and it has not beendelivered for reasons not attributable to profauto.es, profauto.es will understand that the User wishes to withdraw from thecontract and it will be considered resolved. As a consequence of the termination of the contract, all
Payments received from the User will be returned, except for additional expenses resulting from theUser's own choice of a delivery method other than the least expensive delivery method.ordinary delivery offered by the Website, without any undue delay and, in any case, in the
maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must keep in mind that the transportation derived from the resolution may have aadditional cost that may be passed on to you.
For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has beenbeen delivered at the time in which the User or a third party indicated by the User acquires thematerial possession of the products, which will be accredited by signing the receipt of the order
at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment ofdelivery. The User acquires ownership of the products when profauto.es receives paymentfull payment of all amounts due in relation to the purchase or acquisition made, including
shipping costs, or at the time of delivery, if this takes place at a time afterthe complete receipt of the amount to be paid by profauto.es.
In accordance with the provisions of Law 37/1992, of December 28, on Value TaxAdded (VAT), purchase orders for delivery and/or provision will be understood to be located in theterritory of application of Spanish VAT if the delivery address is in Spanish territory except
Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times.depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if they detect that an error has occurred whenenter data necessary to process your purchase request on the Website, you may modify thethemselves by contacting profauto.es through the contact spaces enabled in the
Website, and, where appropriate, through those authorized to contact the customer service.client, and/or using the contact information provided in the first clause (General information).
In any case, the User, before clicking on "Buy and pay now", has access to the space,cart, or basket where your purchase requests are noted and you can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, inSpecifically, the Privacy Policy to obtain more information on how to exercise your right torectification as established in Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard toprocessing of personal data and the free circulation of these data (RGPD) and the Organic Law3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases in which the User purchases products on or through the owner's Website, they are assisteda series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore,You have the right to withdraw from said purchase within a period of 14 calendar days without the need tojustification.
This withdrawal period will expire 14 calendar days from the day the User or a third partyauthorized by the latter, other than the carrier, acquired material possession of the goods acquired inthe profauto.es Website or in the event that the goods that make up your order are delivered byseparately, 14 calendar days from the day that the User or a third party authorized by him, other than thecarrier, acquired material possession of the last of those goods that made up the same orderof purchase, or in the case of a service contract, 14 calendar days from the day of the
conclusion of the contract.
To exercise this right of withdrawal, the User must notify profauto.es of their decision. You will be able todo so, if applicable, through the contact spaces enabled on the Website or through:
________
The User, regardless of the means they choose to communicate their decision, must expresslyclearly and unequivocally that it is your intention to withdraw from the purchase contract. In any case, the UserYou may use the model withdrawal form that profauto.es makes available to you as
part annexed to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses thedecision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, profauto.es will reimburse the User for all payments received, includingshipping costs (with the exception of additional costs chosen by the User for ashipping method other than the least expensive method offered on the Website) without any
undue delay and, in any case, no later than 14 calendar days from the date on whichprofauto.es is informed of the User's decision to withdraw.
profauto.es will reimburse the User using the same payment method that the User used to makethe initial purchase transaction. This refund will not generate any additional cost to the User. NoHowever, profauto.es could withhold said refund until it has received the products or items from
the purchase, or until the User presents proof of their return, depending on whatcondition is met first.
The User can return or send the products to profauto.es at:
Profauto
La Bassa nº 9
08150 Parets del Vallès
Barcelona
And it must do so without any undue delay and, in any case, no later than within a period of 14 daysnatural from the date on which profauto.es was informed of the decision to withdraw.
The User acknowledges knowing that they must assume the direct cost of return (transport, delivery) ofthe assets, if any were incurred. In addition, you will be responsible for the decrease in value of theproducts resulting from handling other than that necessary to establish the nature,
characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as statedin article 103 of Royal Legislative Decree 1/2007, of November 16, which approves theconsolidated text of the General Law for the Defense of Consumers and Users and other laws
complementary. By way of example, and not exhaustively, this would be the case of: productspersonalized; products that may deteriorate or expire quickly; music CDs/DVDs orvideo without its packaging, as sealed at the factory; products that for reasons of hygiene or
health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract in this regard is governed.Website, since this same Law establishes that the Right of Withdrawal will not be granted to Userswhen the provision of the service has been completely executed, or when it has begun, with the
express consent of the consumer and user and with their recognition that it isaware that, once the contract has been fully executed by profauto.es, there will belost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond mere opening.of the same, of products that are not in the same conditions in which they were delivered or that havesuffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, theinstructions and other documents that accompany them, if applicable, in addition to a copy of the invoiceshopping.
At the following link you can download the Model withdrawal form:
________
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, theproduct does not comply with what is stipulated in the contract or purchase order, and, therefore, mustContact profauto.es immediately and let them know of the existing disagreement.
(defect/error) by the same means or using the contact information provided in the sectionabove (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these,once returned, they will be examined and the User will be informed, within a reasonable period, ifrefund or, where appropriate, replacement is applicable.
The refund or replacement of the product will be made as soon as possible and, in any case, within14 days following the date on which we send you an email confirming that it proceedsrefund or replacement of the non-conforming item.
The amount paid for those products that are returned due to a defect, whenactually exists, it will be fully refunded, including delivery costs and costs in whichthe User could have incurred to make the return. The refund will be made for the same
means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times will always be adhered to.for the User, as consumer and user.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that may beacquire through this Website, in the terms legally established for each type ofproduct, profauto.es responding, therefore, for the lack of conformity of the same that is
manifest within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform tothe description made by profauto.es and possess the qualities presented therein; be fitfor the uses to which products of the same type are ordinarily intended; and present the quality and
usual features of a product of the same type and that are fundamentally expected from thesame. When this is not the case with respect to the products delivered to the User, the User must proceedas indicated in the Return of defective products or shipping error section. No
However, some of the products sold on the Website could presentnon-homogeneous characteristics as long as these derive from the type of material with which they have beenmanufactured, and therefore will form part of the individual appearance of the product, and will not be aflaw.
On the other hand, it could happen that the User purchases a product from the Website.a brand or manufactured by a third party. In this case, and considering the User that it is adefective product, they also have the possibility of contacting the brand or
responsible manufacturer of the product to find out how to exercise your legal warranty rightdirectly in front of them during the two years following the delivery of said products.
To do this, the User must have kept all the information in relation to the warranty of theproducts.
However, to learn more about the After-Sales Service that profauto.es puts at the service ofUsers of the Website can consult it here: profauto.es.
9. DISCLAIMER
Unless otherwise provided by law, profauto.es will not accept any responsibility for thefollowing losses, regardless of their origin:
any losses that were not attributable to any breach on your part;business losses (including lost profits, income, contracts, savingsexpected, data, loss of goodwill or unnecessary expenses incurred); or ofany other indirect loss that was not reasonably foreseeable by both parties in themoment in which the contract of sale of the products between both parties was formalized.
Likewise, profauto.es also limits its liability in the following cases:
profauto.es applies all measures concerning providing a faithful visualization of theproduct on the Website, however, is not responsible for minor differences orinaccuracies that may exist due to lack of screen resolution, or problems with the
browser used or others of this nature.
profauto.es will act with the utmost diligence in order to make available to the companyresponsible for transporting the product object of the purchase order. However, it is notresponsible for damages resulting from a malfunction of transportation,especially due to causes such as strikes, traffic jams, and in general any othertypical of the sector, which lead to delays, losses or theft of the product.
Technical failures that, due to fortuitous or other reasons, prevent normal operation of theservice over the internet. Lack of availability of the Website for reasons of
maintenance or others, that prevents the service from being available. profauto.es puts all the means at your disposalscope for the purposes of carrying out the process of purchasing, payment and shipping/delivery of the products,However, it is exempt from liability for causes that are not attributable to it, fortuitous event or
Force Majeure.
profauto.es will not be responsible for the misuse and/or wear of the products that have beenused by the User. At the same time, profauto.es will not be responsible for anyerroneous return made by the User. It is the responsibility of the User to return thecorrect product.
In general, profauto.es will not be responsible for any non-compliance or delay in thecompliance with any of the obligations assumed, when the same is due toevents that are beyond their reasonable control, that is, due toforce majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared)or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or anyanother natural disaster.
Impossibility of using trains, ships, airplanes, motor transport or other means of transportation.transportation, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or authoritypublic.
In this way, the obligations will be suspended during the period in which the cause offorce majeure continues, and profauto.es will have an extension in the deadline to comply with them bya period of time equal to the duration of the cause of force majeure. profauto.es will put all thereasonable means to find a solution that will allow you to comply with your obligations todespite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications withprofauto.es are electronic (email or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communication andacknowledges that all contracts, notifications, information and other communications that profauto.es sendselectronically comply with the legal requirements of being in writing. This condition will not affect
the rights recognized by law to the User.
The User can send notifications and/or communicate with profauto.es through the data ofcontact that are provided in these Conditions and, where appropriate, through the contact spaces of theWebsite.
Likewise, unless otherwise stipulated, profauto.es may contact and/or notify the User atyour email or postal address provided.
11. WAIVER
No waiver by profauto.es of a specific legal right or action or the lack of requirement byprofauto.es strict compliance by the User with any of its obligations will not entail anywaives any other rights or actions derived from a contract or the Conditions, nor will it exonerate the
User compliance with their obligations.
No waiver by profauto.es of any of these Conditions or of the rights or actionsderived from a contract will take effect, unless it is expressly established that it is a waiver andis formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions are declared null and void by a final resolutionissued by a competent authority, the rest of the clauses will remain in force, without beingaffected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute theentire agreement existing between the User and profauto.es in relation to the object of sale andThey replace any other pact, agreement or promise previously agreed verbally or in writing bythe same parts.
The User and profauto.es acknowledge having consented to the conclusion of a contract without having trustedin any statement or promise made by the other party, except as expressly statedmentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to profauto.es in the course of atransaction on the Website, will be treated in accordance with the provisions of the Privacy Policy orof data protection (contained, where applicable, in the Legal Notice and General Conditions of Use). To the
By accessing, browsing and/or using the Website, the User consents to the processing of said information anddata and declares that all the information or data provided are true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the product purchase contracts through theThey will also be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to access, navigationand/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts ofsale between profauto.es and the User, will be subject to the non-exclusive jurisdiction of the courts and
Spanish courts.
16. COMPLAINTS AND CLAIMS
The User can send to profauto.es their complaints, claims or any other comments thatwish to make through the contact information provided at the beginning of these Conditions(General information).
In addition, profauto.es has official complaint forms available to consumers andusers, and that they can request from profauto.es at any time, using the data ofcontact information provided at the beginning of these Conditions (General Information).
Likewise, if from the execution of this purchase contract between profauto.es and the User acontroversy, the User as a consumer may request an extrajudicial dispute resolution,in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21
of 2013, on online dispute resolution in consumer matters and which modifies theRegulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through thefollowing website: http://ec.europa.eu/consumers/odr/.
Last modified: February 4, 2020