This contractual document will govern the General Conditions for the contracting of trailers, spare parts and accessories (hereinafter, "Conditions") through the website tiendaonline.rcomanche.com/es/, property of COMPAÑIA INDUSTRIAL REMOLQUES, SL under the trademark of COMANCHE, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the USER's disposal to reproduce and save them as confirmation of the contract, and may be modified at any time by COMPAÑIA INDUSTRIAL REMOLQUES, SL. It is the USER's responsibility to read them.
periodically, since those that are in force at the time of placing orders will apply. COMPAÑIA INDUSTRIAL REMOLQUES, SL will file the electronic document where the purchase is formalized and will have it available to the USER in case he/she requests it.
Contracts shall not be subject to any formalities except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER: Has read, understands and comprehends what is stated herein.
A person with sufficient capacity to enter into contracts.
Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
On the one hand, the PROVIDER of the trailers, spare parts and accessories contracted by the USER is COMPAÑIA INDUSTRIAL REMOLQUES, SL, with registered office at C/ Sis, 9 – 08794 Les Cabanyes (Barcelona), NIF B08341885 and customer service telephone number 938921045.
And on the other hand, the USER, registered on the website using a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a price determined and publicly displayed through the website, of trailers, spare parts and accessories.
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email info@rcomanche.com so that COMPAÑIA INDUSTRIAL REMOLQUES, SL can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, agreeing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will usually be made through SZENDEX OR ENVIALIA, depending on the destination freely designated by the USER.
Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.
Delivery time will be between 2 and 6 working days, depending on the destination and the payment method chosen. The expected shipping and delivery date will be provided prior to order confirmation.
If a delivery is going to take more than 5 business days, the PROVIDER will contact the customer to inform them and give them the option of cancelling the order and receiving their money back immediately by bank transfer or reversal of the charge on the financial card, depending on the method used to make the payment.
There will be no delivery service on Saturdays, Sundays and holidays and they are considered non-working days.
In the event that the contract cannot be executed because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.
Delivery will be considered to have been made when the carrier has made the products available to the USER and the USER, or his/her delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to present all the reservations and claims that
can be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, but rather the activation of a download on a website, the PROVIDER will inform the USER in advance of the procedure to be followed to carry out this download.
Form of withdrawal: https://tiendaonline.rcomanche.com/es//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the contract of sale if it were a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the obligation to provide information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the expiration date of the initial withdrawal period (article 103 of RDL 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).
The right of withdrawal will not be applicable (art. 103 RDL 1/2007, of November 16) to contracts that refer to:
unsealed by the consumer and user after delivery.
Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@rcomanche.com, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the USER a fee, informing them in advance through the same communication channel used.
Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs at his/her expense, to the address of COMPAÑIA INDUSTRIAL REMOLQUES, SL, C/ Sis, 9 – 08794 Les Cabanyes (Barcelona)
Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:
Postal: COMPAÑIA INDUSTRIAL REMOLQUES, SL, C/ Sis, 9 – 08794 Les Cabanyes (Barcelona) Telephone: 938921045
E-mail: info@rcomanche.com
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of COMPAÑIA INDUSTRIAL REMOLQUES,
SL or as stipulated herein, will be effective, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services attached to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.
Before making a purchase, you can check all the details of your quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has provided at the time of placing the order. If you wish to receive the invoice by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service phone number 938921045 or via email to the address info@rcomanche.com.
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
Shipping costs will be calculated when saving the basket or quote, as they are calculated by the weight of the products and the delivery address.
The PROVIDER is responsible for the financial transactions and enables the following methods to make payment for an order:
Credit card: Only cards with SSL security system, Visa, Mastercard or 4B – When you select this payment option you will go directly to the bank’s payment gateway and the data you provide can only be seen by the bank. Compañía Industrial Remolques, SL does not have any access to the bank details of its customers.
Bank transfer: You must make the transfer within 5 business days of placing the order (if you have not received confirmation of the transfer after this period, the order will be cancelled). The transfer concept must include your order number and your name. The transfer must be made to the following account number: “Name of bank and account number”, and for transfers from outside Spain, SWIFT code “The SWIFT code”, IBAN code “The IBAN”.
The USER may use a discount coupon at the time prior to completing the purchase if he or she has received it from the PROVIDER.
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.
Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, the charges and discounts will be calculated according to the payment and shipping information entered.
The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.
From the basket you can place an order by following the steps below for its correct formalization:
Once the order has been processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.
If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that apply to it.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
The seller is obliged to deliver to the consumer and user products that comply with the contract, being liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.
consumers and users can attend in person.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects in the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from lack of conformity.
The consumer and user has the right to repair the product, to replace it, to reduce the price or to terminate the contract, in accordance with the provisions of this title.
From the moment the consumer and user communicates the chosen option to the seller, both parties must abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which repair or replacement fail to bring the product into conformity with the contract.
To determine whether costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.
Repair and replacement shall be subject to the following rules:
The price reduction and the termination of the contract will be applicable, at the discretion of the consumer and user, when the latter cannot demand repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience for the consumer and user. Termination will not be applicable when the lack of conformity is of little importance.
NOTE according to art. 108.2: The USER is informed that he/she will only be liable for any decrease in the value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or functioning. In no case will the USER be liable for any decrease in the value of the goods if the entrepreneur has not informed him/her of his/her right of withdrawal in accordance with article 97.1.i).
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, shall be presumed to have already existed when the item was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Likewise, together with the repaired or replaced product, the seller will provide the consumer or user with documentary evidence of the delivery, stating the date of delivery and, where applicable, the repair carried out.
Unless proven otherwise, it will be understood that the communication from the consumer and user has taken place within the established period.
When it is impossible for the consumer and user or it would be an excessive burden for them to go to the seller due to the lack of conformity of the products with the contract, they may make a claim directly to the producer in order to obtain the replacement or repair of the product.
As a general rule, and without prejudice to the producer's liability ceasing, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and
purpose and the rules that regulate them.
The party responsible to the consumer and user will have a period of one year to take legal action against the party responsible for the lack of conformity. This period is calculated from the moment the remedy was completed.
These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is immovable.
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