{"id":13609,"date":"2022-01-10T10:43:42","date_gmt":"2022-01-10T10:43:42","guid":{"rendered":"http:\/\/rcomanche.com\/?page_id=13609"},"modified":"2022-01-11T15:43:00","modified_gmt":"2022-01-11T15:43:00","slug":"general-contracting-conditions","status":"publish","type":"page","link":"https:\/\/rcomanche.com\/en\/condiciones-generales-de-contratacion\/","title":{"rendered":"GENERAL CONTRACTING CONDITIONS"},"content":{"rendered":"

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\/<\/a>, property of COMPA\u00d1IA INDUSTRIAL REMOLQUES, SL under the trademark of COMANCHE, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.<\/p>\n\n\n\n

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 COMPA\u00d1IA INDUSTRIAL REMOLQUES, SL. It is the USER's responsibility to read them.<\/p>\n\n\n\n

 periodically, since those that are in force at the time of placing orders will apply. COMPA\u00d1IA 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Acceptance of this document implies that the USER: Has read, understands and comprehends what is stated herein.<\/p>\n\n\n\n

A person with sufficient capacity to enter into contracts.<\/p>\n\n\n\n

Assume all obligations set forth herein.<\/p>\n\n\n\n

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Identity of the contracting parties<\/h4>\n\n\n\n

On the one hand, the PROVIDER of the trailers, spare parts and accessories contracted by the USER is COMPA\u00d1IA INDUSTRIAL REMOLQUES, SL, with registered office at C\/ Sis, 9 \u2013 08794 Les Cabanyes (Barcelona), NIF B08341885 and customer service telephone number 938921045.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Purpose of the contract<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Rectification of data<\/h4>\n\n\n\n

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 <\/a>so that COMPA\u00d1IA INDUSTRIAL REMOLQUES, SL can correct them as soon as possible.<\/p>\n\n\n\n

The USER may keep their data updated by accessing their user account.<\/p>\n\n\n\n

Contracting procedure<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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:<\/p>\n\n\n\n

  1. General contracting clauses.<\/li>
  2. Shipping and delivery of orders.<\/li>
  3. Right of withdrawal.<\/li>
  4. Online claims and dispute resolution.<\/li>
  5. Force Majeure.<\/li>
  6. Competence.<\/li>
  7. General information about the offer.<\/li>
  8. Price and validity period of the offer.<\/li>
  9. Shipping costs.<\/li>
  10. Payment method, fees and discounts.<\/li>
  11. Purchasing process.<\/li>
  12. Dissociation and suspension or termination of the contract.<\/li>
  13. Warranties and returns.<\/li>
  14. Applicable law and jurisdiction.<\/li><\/ol>\n\n\n\n

    1. GENERAL CONTRACTING CLAUSES<\/h4>\n\n\n\n

    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.<\/p>\n\n\n\n

    2. SHIPPING AND DELIVERY OF ORDERS<\/h4>\n\n\n\n

    The PROVIDER will not send any order until it has verified that payment has been made.<\/p>\n\n\n\n

    Shipments of goods will usually be made through SZENDEX OR ENVIALIA, depending on the destination freely designated by the USER.<\/p>\n\n\n\n

    Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    There will be no delivery service on Saturdays, Sundays and holidays and they are considered non-working days.<\/p>\n\n\n\n

    Failure to execute the distance contract<\/h4>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    It is the USER's responsibility to verify the products upon receipt and to present all the reservations and claims that<\/p>\n\n\n\n

    can be justified in the delivery receipt document.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    3. RIGHT OF WITHDRAWAL<\/h4>\n\n\n\n

    Form<\/strong> <\/strong>of<\/strong> <\/strong>withdrawal:<\/strong> <\/strong>https:\/\/tiendaonline.rcomanche.com\/es\/\/formulario-solicitud-desistimiento.pdf<\/a><\/p>\n\n\n\n

    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).<\/p>\n\n\n\n

    The right of withdrawal will not be applicable (art. 103 RDL 1\/2007, of November 16) to contracts that refer to:<\/p>\n\n\n\n

    1. The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.<\/li><\/ol>\n\n\n\n