GENERAL CONDITIONS OF USE AND LEGAL NOTICES
The Website www.pla-automobil.com (hereinafter the “Website”) is the property of INTER RECUP 66 S.L.U. hereinafter the Data Controller.
PERSON RESPONSIBLE FOR THE PROCESSING: INTER RECUP 66 S.L.U. B55305403 Poligono Industrial l’Aigüeta, Nave 4, 17761 Cabanes, Girona
interrecup66.es@gmail.com- 972506194 / 669126319
Commercial Register of Girona, Volume 3174, Folio 60, Register Page 62719, 1st Inscription
INTER RECUP 66 S.L.U. welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter “General Conditions of Use and Legal Notices”) which describe the terms and conditions that will be applicable to your browsing of the Website, in accordance with the provisions of the applicable Spanish regulations. As www.pla-automobil.com may change these Terms of Use in the future, we recommend that you check these Terms of Use periodically to ensure that you are aware of any changes.
With the aim of ensuring that the Website meets the criteria of transparency, clarity and simplicity, we recommend that Users should contact www.pla-automobil.com with any suggestions, doubts or queries regarding the General Conditions of Use by calling: 972506194 or sending an e-mail to: interrecup66.es@gmail.com.
www.pla-automobil.com provides the content and services that are available on the website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter “Basic information on data protection”). Access to this website or its use in any form grants you the status of User and implies unreserved acceptance of each and every one of these Conditions of Use, with www.pla-automobil.com reserving the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, and therefore, if they do not agree with any of the terms and conditions set forth herein, they should refrain from using this Website.
You are also advised that, on occasions, special conditions may be established for the use of specific content and/or services on the website, and the use of such content or services shall imply acceptance of the special conditions specified therein.
It is important, taking into account the recent European regulations on Data Protection EU REGULATION 2016/679 of the European Parliament and Council that tries to preserve the confidentiality and security of your personal data, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, that you read the Basic Information on this or other web pages where you leave your data.
Language and interpretation of the contract
The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail. As far as the interpretation of contracts is concerned, specific reference shall be made to Art. 1281 et seq. of the Spanish Civil Code.
You should also know that the fact of leaving your data does not attribute, nor confirm, nor cancel, nor legitimise, nor perfect any contractual link with our company, without the previous payment of the services you wish to contract.
This is a distance contract, so the general provisions of consumer and user law apply.
We are a company specialised in the recovery of parts for all types of automobiles. We check and guarantee all our parts.
Access to the website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.
You can contact us in a variety of ways: for example, you can use contact forms, send us an e-mail or call us by telephone. In this context, we will process the data for the sole purpose of communicating with you.
The legal basis is Art. 6 para. 1 sentence 1 letter b) GDPR, insofar as the data is used for the purpose of answering your enquiry or preparing or fulfilling a contract, as well as Art. 6 para. 1 sentence 1 letter f) GDPR in our legitimate interest that you can contact us and that we can answer your enquiry.
On our website you will find contact forms that you can use to get in touch with us electronically. When the user chooses this option, we receive and store the following mandatory input data:
Registration requirement
The use of certain services and content may be conditional upon prior registration of the User. In the form you will be asked for your name or email address and a password, a mobile phone number to contact you, and you must accept the Terms of Use of our website, as well as the Privacy Policy of this one.
The data entered by the User must be accurate, current and truthful. The registered User shall be responsible at all times for the safekeeping of his/her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of it. For these purposes, access to restricted areas and/or the use of the services and contents carried out under the password of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.
User Registration. Contact
You can contact us in a variety of ways: for example, you can use contact forms, send us an e-mail or call us by telephone. In this context, we will process the data for the sole purpose of communicating with you.
The legal basis is Art. 6 para. 1 sentence 1 letter b) GDPR, insofar as the data is used for the purpose of answering your enquiry or preparing or fulfilling a contract, as well as Art. 6 para. 1 sentence 1 letter f) GDPR in our legitimate interest that you can contact us and that we can answer your enquiry.
The data we collect during the use of the contact form will be automatically deleted once your enquiry has been processed, unless we need the enquiry to fulfil contractual or legal obligations.
Product Availability
You can buy the products that appear on our website www.pla-automobil.com, but first you must leave your details and request the products you have chosen, we can contact you to better specify and meet your orders. Our technicians and experience in the sector guarantee the quality of all our products so that our customers are completely satisfied. The act of leaving your contact and notes does not conclude any contract with our company.
Products selection by the User
Any registered User may contract through the Website for the purchase of products.
The purchase process at www.pla-automobil.com will access our database of parts such as: starter motors, alternators, electric steering pumps, steering racks, turbochargers, the User can add the products he/she wishes to purchase and if he/she cannot find them, he/she can contact us.
To add products to the purchase, once the User is on the product description page and has selected the available personalisation options, he/she must select the option to leave his/her contact details. The User can access and modify the content of the purchase at any time by contacting us.
Order processing
Once the products that the User wishes to purchase have been found in the shopping search, he/she can start the order process by selecting the option and leaving his/her contact details.
The User must ensure that the products indicated on the screen are the ones he/she wishes to purchase and the discounts that exist at the time will be applied.
The User accesses a panel where he/she must indicate the delivery data; to continue with the contracting process, the User must fill in the delivery information, including his/her full name, telephone number and address, filling in all the fields marked as compulsory.
If the User wishes the billing address to be different from the delivery address, he/she must specify this in the message box and fill in the corresponding information. In this section you can also write any comments or information necessary to be taken into account for the delivery.
At the next stage of the purchase process, the User will be able to choose the payment method by bank transfer or credit card in the near future. At this point, the User is again informed of the exact amount to be paid, which is the sum of the price of the products and the shipping costs, net of any promotional discount.
Once the payment has been processed correctly, the order will be confirmed and we will send you the invoice.
Terms and conditions of shipment
The purchase of products on the Website is subject to payment of shipping costs, payable by the purchaser. www.pla-automobil.com ships its products to: Spain (including the Canary and Balearic Islands), Portugal, Andorra and France. For other destinations, please consult us.
The above shipping costs do not include the transport of the products, their packaging in boxes specially designed for transporting the product, insurance against loss or breakage, as well as VAT.
Shipping costs will depend on the destination and the total weight of the order according to the number of products purchased. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalising the purchase. www.pla- automobil.com cannot be held responsible for delays in the delivery of orders due to causes not directly attributable to, acts of God or force majeure.
The delivery of orders will be made to the delivery address freely designated by the User, products will not be delivered to post office boxes or call shops www.pla-automobil.com will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy, error or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of www.pla-automobil.com,tal as the absence of the recipient at the delivery address.
In case of absence of the addressee and whenever possible, a passing note will be left with the necessary information to arrange a new delivery at the addressee’s address or the necessary indications for the addressee to collect the product at a certain place. In any case, if 7 days have passed since the last delivery attempt and the order has not been delivered, the order will be returned to its origin and the contract will be terminated, we will deduct the costs of reshipment to our facilities and we will charge you 20% of the value of the product.
Delivery deadlines
Orders placed will be delivered depending on the geographical area to which we must deliver the order can be from 24 hours to 7 days. In case it takes longer or could be delayed, we will let you know in advance. We shall not be held responsible if, for reasons beyond our control, strikes, pandemics, meteorological problems, attacks, demonstrations, or other imponderables exceed 3 days for delivery.
Acceptance of the Terms of Service
Our services are designed to comply with the laws of Spain and/or the European regulations governing EU community regulations and are aimed at users in Spain. However, our services may be available in jurisdictions outside Spain at our discretion.
If you access our services from locations outside of Spain, you agree and acknowledge that you do so at your own risk and that you are solely responsible for compliance with applicable local laws. We will not be liable for any loss or damage arising from your use of our services.
You must ensure that all information provided by you during registration and during use of the application is true, current, complete and accurate and that, in the event of a change of information at any time during use of the application, you must update your information to ensure that it remains true, current, complete and accurate at all times.
You agree that we may, subject to the Privacy Policy, access, preserve, transfer and disclose your personal information and documentation to law enforcement or to any private party by order under applicable law such as but not limited to: enforcing and complying with legal process and/or applicable law; enforcing these Terms of Service; responding to your requests for customer service; or protecting the rights, property or personal safety in the Kingdom of Spain as a state within the European Union.
We regularly make changes to our application and test various aspects of our services including user interface, promotional features and feature availability. You agree and acknowledge that the application may contain tools that allow us to carry out these tests.
You agree that we have the right to suspend your access to the services at any time and for any purpose, without notice.
Product prices
The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).
Payment method
The purchase of products through the website allows the following payment methods:
Confirmation of receipt of acceptance
For the proof of acceptance and perfection of the contract concluded with our company, we will comply with articles 23 and 24 of Law 34/2002, of 11 July, on services of the information society and electronic commerce.
Right of withdrawal.
The purchaser shall in any case have a period of fourteen (14) calendar days after receipt of the Product to exercise his right of withdrawal without having to justify reasons or incur any penalty.
The purchaser must express his intention to withdraw within the period indicated and must return the product. To do so, the User may send an e-mail to the address www.pla- automobil.com, including their name and address, as well as the number of their order. You can also contact us by telephone in order to speed up the refund process.
www.pla-automobil.com will reimburse the sums paid by the User. However, the cost of returning the product shall be borne by the User.
Once the products to which the withdrawal applies have been received and their correct condition has been verified, www.pla- automobil.com will return the sums paid to the User within a maximum period of 10 calendar days. Products that are not in their original packaging may be subject to depreciation.
The right of withdrawal will be by virtue of the provisions of art 71 of the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. It will be up to the consumer and user to prove that he has exercised his right of withdrawal in accordance with art. 72 of the aforementioned law.
WARRANTY
The parts are guaranteed for 3 months. In case of failure, provided it can be proved that it has been assembled by a professional workshop, the part will be replaced if available, otherwise a refund of the purchase price will be made.
Returns and withdrawal
Returns will not be accepted in the following cases:
The user acknowledges and accepts that all content displayed on the website and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any of the signs susceptible of industrial and/or commercial use are subject to intellectual property rights and all trademarks, trade names or distinctive signs, all intellectual and industrial property rights on the contents and/or any other elements inserted on the page are the exclusive property of www.pla-automobil.com and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or any other form of public communication, transform or modify such content, and shall hold www.pla-automobil.com harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These General Conditions of Use of this Website do not grant Users any other type of right of use, exploitation, alteration, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided for herein. Any other use or exploitation of any of the rights will be subject to the prior and express authorisation specifically granted for this purpose by www.pla-automobil.com or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation www.pla-automobil.com navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written permission of this Entity.
Likewise, it is forbidden to remove, evade or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them, reserving in any case to www.pla-automobil.com the exercise of any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
The User agrees to:
Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:
d) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of www.pla- automobil.com, its suppliers or third parties.
If you are provided with a password to access any of the services and/or contents of the Website, you undertake to use it diligently and to keep it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, you are obliged to notify www.pla-automobil.com of any event that may involve the improper use of your password, such as, but not limited to, its theft,
loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as you do not notify www.pla-automobil.com, you will be exempt from any liability that may arise from the improper use of your password, and you will be responsible for any illegal use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or wilfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for www.pla-automobil.com as a result of such non-compliance.
The user undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the www.pla-automobil.com website or any of its contents, unless expressly authorised in writing.
The www.pla-automobil.com website does not normally include links to other websites managed by third parties, but if it does and in order to facilitate the User’s access to the information of collaborating entities and/or sponsors www.pla-automobil.com is not responsible for the content of these websites, nor does it place itself in the position of guarantor and/or provider of the services and/or information that may be offered to third parties through third party links.
The user is granted a limited, revocable and non-exclusive right to create links to the home page of the Website solely for private, non-commercial use. Websites that include a link to our Website (i) may not imply that www.pla-automobil.com recommends that website or its services or products; (ii) may not misrepresent their relationship with www.pla-automobil.com or state that www.pla-automobil.com has authorised such a link, nor may they include www.pla-automobil.com’s trademarks, names, trade names, logos or other distinctive signs; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting to violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) you must link to the Web Site address itself, without allowing the linking website to reproduce the Web Site as part of its website or within one of its frames or to create a browser over any of the pages of the Web Site. www.pla-automobil.com may at any time request that you remove any link to the Web Site, after which you must immediately proceed to remove such link www.pla-automobil.com cannot control the information, content, products or services provided by other websites that have established links to the Web Site.
Accordingly, www.pla-automobil.com assumes no responsibility whatsoever for any aspect of such websites.
www.pla-automobil.com reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content. The cookies used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.
The cookies used are as follows: Own cookies, Google Analytics, Google Adwords.
Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can also delete cookies by consulting your browser’s instructions.
Thanks to cookies, it is possible for www.pla-automobil.com to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, the demographic profiles of the Users, as well as to measure visits and traffic parameters, monitor progress and the number of entries.
You can remove or block cookies using your browser options, but in some cases this may affect your ability to use www.pla-automobil.com. You can find more general information about COOKIES in our PRIVACY POLICY AND DATA PROTECTION section.
www.pla-automobil.com does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of www.pla-automobil.com, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
www.pla-automobil.com is not responsible for any decisions that may be taken as a result of accessing the content or information offered.
www.pla-automobil.com may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered on it is contrary to these General Conditions of Use.
It shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for the removal, as soon as possible, of content that may cause such damage, provided that this is notified. In particular, it shall not be liable for any damages that may arise from, inter alia:
Likewise, www.pla-automobil.com is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of these services, the user may be sued by www.pla-automobil.com for the damages caused.
You will defend, indemnify and hold www.pla-automobil.com harmless from and against any and all claims, actions or demands from third parties arising out of your access to or use of the Website. You also undertake to indemnify www.pla- automobil.com against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
8. DATA PROTECTION
In order to use some of the Services, Users must first provide certain personal data. For this purpose, www.pla-automobil.com, will automatically process personal data in accordance and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. To this end, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, in accordance with the conditions defined in the Privacy and Data Protection Policy presented on the Website.
You can always exercise your statutory rights of access, rectification, erasure and objection, as well as the right of restriction and portability free of charge. In order to do so, you or a legally authorised person must provide the following documents to the Data Controller with the necessary data:
General principles.
www.pla-automobil.com, undertakes that the content of the services offered shall not:
The provision of the service of this Website and the other services shall in principle have an indefinite duration. However, www.pla-automobil.com may terminate or suspend any of the portal services. Where possible, www.pla-automobil.com will announce the termination or suspension of the provision of a particular service.
11. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered on the Website are for information purposes only. Accordingly, www.pla-automobil.com makes no warranty or representation regarding the content and services offered on the Website, including but not limited to warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
These General Terms and Conditions, as well as the use of the Website, shall be governed expressly by Spanish law, within the scope of private international law. Any controversy will be resolved before the Courts of Figueras, unless any international law or treaty acts as special law.
Contracts concluded by electronic means to which a consumer is a party shall be presumed to have been concluded at the place where the consumer has his habitual residence.
Electronic contracts between entrepreneurs or professionals shall, in the absence of an agreement between the parties, be presumed to have been concluded at the place where the service provider is established.
In the event that any provision of these General Terms and Conditions shall be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Terms and Conditions unenforceable or void as a whole. En dichos casos, procederá a la modificación o sustitución de dicha estipulación por otra que sea válida y exigible y que, en la medida de lo posible, consiga el objetivo y pretensión reflejados en la estipulación original.