This document establishes the conditions that govern the use of this web page and the purchase of products from it (from here on, the “Conditions”).
Please read these Conditions carefully before using this web page. By using this web page, or by ordering from it, you consent to be bound by these Conditions. Therefore, if you do not agree with all the Conditions, you should not use the web page.
These Conditions may be modified. It is your responsibility to read them periodically as the Conditions in force at the moment of using the web page or of making the Contract (as defined later) will be applicable.
2. OUR DATA
This web page is operated under the name of AMIXSTORE by AMIX STORE, S.L., a Spanish Limited Company, address Calle Holanda 21 – Poligono Industrial Las Maromas, 03160 Almoradí (Alicante), with C.I.F. B-54796891.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF THE WEB PAGE
By using this web page and making orders through it you promise to:
- Use this web page solely to make legally valid consultations or orders.
- Not make false or fraudulent orders. If it is reasonable for the company to consider that you have made an order of this nature the company is authorised to cancel it and inform the relevant authorities.
- Provide your e-mail address, postal address and/or other correct contact details. You also consent to the company using this information to contact you if necessary. See the Privacy Declaration.
If you do not provide all the necessary information, the company will not be able to process your order.
By making an order through this web page, you declare that you are over 18 years of age and are legally free to make contracts.
5. ESTABLISHING THE CONTRACT
This information contained in these Conditions and the details contained in this web page do not constitute an offer of sale but an invitation to make a contract. There will be no contract between you and the company with regard to any product until your order has been expressly accepted. If your order is not accepted and there has already been a charge made to your account, the full amount will be returned.
To make an order, follow the online purchase procedure and click on “Confirm order”. After this, you will receive an e-mail to acknowledge receipt of your order (“Order Confirmation”). Note that this does not mean that your order has been accepted, as your order is only an offer to buy one or more products. All orders are dependent on acceptance, which will be communicated by an e-mail to confirm that the product is being dispatched (“Dispatch Confirmation”). The purchase contract between you and the company (“Contract”) will only be established when the Dispatch Confirmation is sent.
The only products covered by the Contract will be those included in the Dispatch Confirmation. The company is not obliged to supply you with any product that you have ordered until its dispatch is confirmed in a Dispatch Confirmation.
6. AVAILABILITY OF PRODUCTS
All orders for products are dependent on their availability. Accordingly, if there are supply problems or if there are no articles in stock, the company reserves the right to send you information on substitute products of a similar or superior quality and value that you could order. If you do not want to order these substitute products, the company will return any money that you have paid.
7. INABILITY TO PROCESS AN ORDER
The company reserves the right to remove any product from this web page at any time and to remove or modify any material or content of any product. Although the company will always do everything possible to process orders, there may be exceptional circumstances that oblige the company to cancel an order after sending the Dispatch Confirmation. Therefore, the company reserves the right to cancel an order at any time and at its discretion.
The company will not be liable to you or to any third party for the removal of any product from this web page, whether the product has been sold or not, the removal or modification of any material or content of the web page, or for cancelling an order after sending the Dispatch Confirmation.
The price of each product will be that which is stated on our web page, except in the case of obvious error. Although the company makes every effort to ensure that all the prices on the web page are correct, errors may occur. If the company discovers an error in the price of one of the products you have ordered, you will be informed as soon as possible and given the option of reconfirming your order at the correct price or cancelling it. If the company is unable to contact you, the order will be considered cancelled and any money paid will be returned in full.
The company is not obliged to supply you with a product at an incorrect price (even if the Dispatch Confirmation has been sent) if the error is obvious and could be reasonably recognised by you as incorrect.
Prices may change at any time, but (except in cases of error as explained above) changes will not affect orders that have already received a Dispatch Confirmation.
9. LIABILITY AND EXONERATION FROM LIABILITY
Except in cases expressly stated in these Conditions, the liability of the company in relation to any item purchased from the web page will be strictly limited to the sale price of the item.
However, the company’s liability is not exempt or limited in the following cases:
- Death or personal injury caused by negligence on the part of the company;
- Fraud or forgery; or
- In any case in which it is illegal for the company to exempt, limit or try to exempt or limit the company’s liability.
Without prejudice to the above paragraph and as far as the law allows, and except where these Conditions state otherwise, the company accepts no liability for the following losses, regardless of their cause:
- Loss of income or sales;
- Loss of business;
- Loss of profits or loss of contracts
- Loss of projected savings;
- Loss of data; and
- Loss of management or office time
Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, the company does not guarantee the accuracy and security of the information transmitted or obtained through this web page unless such a guarantee is expressly stated in the web page.
All of the descriptions of products, information and materials in this web page are given “as seen” with no express or implicit guarantees.
As far as the law allows, the company excludes all guarantees, except those that cannot be legally denied to consumers and users.
This clause does not affect your legal rights as a consumer or user or your right to cancel the Contract.
10. INTELLECTUAL PROPERTY
You acknowledge that all copyrights, registered trademarks and other intellectual property rights regarding the material or content supplied as part of this web page belong at all times to the company or to anyone licenced to use them. You can only use this material as expressly authorised by the company or by anyone licenced to use it. This will not prevent you from using this web page to make necessary copies of the information regarding your order or Contract details.
11. VIRUS, PIRATING AND OTHER COMPUTER ATTACKS
You must not make any incorrect use of this web page through the intentional introduction of viruses, trojans, worms, logic bombs or any other technologically damaging program or material. You must not try to gain unauthorised access to this web page, to its server or any server, computer or database related to this web page. You promise not to attack this web page through a denial of service attack or through a distributed denial of service attack.
Failure to comply with this clause could imply infraction of the law. The company will report any unlawful acts to the relevant authorities and cooperate with them to identify any attacker. Likewise, any infringement of this clause will immediately lead to the removal of your authorisation to use this web page.
The company will not be responsible for any damage or loss caused by a denial of service attack, virus or any other technologically damaging program or material that may affect your computer, equipment, data or material as a consequence of using this web page or of downloading any of its contents or those that it may redirect you to.
12. LINKS FROM THE WEB PAGE
Any links from this web page to other web pages and third party material are provided for your information only; the company has no control over the content of these web pages or material. Therefore, the company accepts no responsibility for any damages or losses incurred from their use.
13. WRITTEN COMMUNICATIONS
The legislation requires that part of the information or communications that the company sends is in writing. By using this web page, you accept that most of the communication with the company will be electronic. The company will contact you by e-mail or will provide you with information on this web page. For contractual purposes you consent to use this means of electronic communication and recognise that all contracts, notifications and other communications that the company sends you electronically satisfy the legal requirement of being in writing. This condition will not affect your legally recognised rights.
Any notifications that you send the company should be sent through the means of contact. In accordance with clause 13 and except where otherwise stipulated, the company can send communications either by e-mail or to the postal address that you supply at the time of making your order.
Notifications are understood to have been received and correctly made at the moment they are posted on the web page, 24 hours after sending an e-mail, or 3 days after the franking date of a letter. To check whether a notification has been made, it will be sufficient, in the case of a letter, to check that it has the correct address, that it is correctly stamped, correctly sealed and that it has been delivered to the post office or letter box and, in the case of an e-mail, that is has been sent to the e-mail address specified by the receiver.
15. CESSATION OF RIGHTS AND OBLIGATIONS
The Contract applies equally to you as it does to the company and its successors, assignees and beneficiaries.
You cannot transmit, cede, charge or transfer in any other way a Contract or any of your rights or obligations derived from a Contract without the company’s written consent.
The company can transmit, cede, charge, subcontract or transfer in any other way a Contract or any of its rights or obligations derived from a Contract at any point during the period of the Contract. To avoid any doubt, these transmissions, cessions, charges or other transfers do not affect your legally recognised consumer rights or annul, reduce or limit in any other way the express and tacit guarantees that the company has given you.
16. EVENTS BEYOND THE COMPANY’S CONTROL
The company will not be responsible for any noncompliance or delays in any of the obligations it assumes as part of a Contract that are due to events beyond its reasonable control (“Acts of God”).
Acts of God include any act or event, lack of exercise, omission or accident that is beyond the company’s reasonable control and, among others, the following:
- Strikes, lock outs or other acts of protest.
- Civil unrest, revolution, invasion, terrorist attack or threat, declared or undeclared war or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Impossibility of using trains, ships, aeroplanes, road transport or other public or private methods of transport.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, rulings or any government or public authority restrictions.
- Strikes, failings or accidents in maritime, river or postal transport or any other type of transport.
It is understood that the company’s obligations under the Contracts will be suspended during periods of Acts of God and that the company will have an extension to the period in which it is required to meet these obligations equal to the duration of the Act of God. The company will use all reasonable means to end an Act of God or to find a solution that allows it to meet its obligations under a Contract despite an Act of God.
Any lack of insistence by the company that you strictly comply with any of the obligations that you assume under a Contract or these Conditions or the lack of exercise of the company’s rights or actions that the company may take according to a Contract or these Conditions does not suppose any renouncement or limitation with regard to these rights or actions and does not exonerate you from complying with these obligations.
No renouncement by the company of a right or an action supposes a renouncement of other rights or actions derived from a Contract or from these Conditions.
No renouncement by the company of any of these Conditions or of the rights or actions derived from a Contract will have effect unless it is expressly established that it is a renouncement and it is formalised and communicated to you in writing in accordance with the Notifications section above.
18. PARTIAL ANNULMENT
If any of these Conditions or any part of a Contract is declared null and without effect by a firm resolution by a competent authority, the other terms and Conditions will remain in force and will not be affected by this declaration of annulment.
19. FULL AGREEMENT
These Conditions and any document expressly referred to in them constitute the full agreement between you and the company with regard to the Contract and substitute any other previous pact, agreement or promise made verbally or in writing between you and the company.
You and the company recognise that both parties consented to the making of the Contract without any influence from any declaration or promise made by the other party or from any inference from any declaration or written information made during the negotiations between the two parties before this Contract, except those that are expressly mentioned in these Conditions.
Neither you nor the company will be able to take action against any incorrect verbal or written declaration made by the other party before the date of the Contract (unless an incorrect declaration is made fraudulently) and the only action available to the other party will be due to noncompliance of the Contract, in accordance with these Conditions.
20. THE COMPANY’S RIGHT TO MODIFY THESE CONDITIONS
The company reserves the right to revise or modify these Conditions at any moment.
You are subject to the policies and Conditions in force at the moment you use the web page or make an order, except when by law or by governmental organisation decision the company has to make backdated changes to these policies, Conditions or Declaration of Privacy, in which case the possible changes will also affect orders that you made previously.
21. APPLICABLE LEGISLATION AND JURISDICTION
Use of this web page and contracts to purchase products through the web page are under the jurisdiction of Spanish legislation.
Any disagreements arising from the use of this web page or the contracts will be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.
As a customer, nothing in this clause will affect the rights you have in the current legislation.