This contractual document will govern the General Conditions of Contracting of products and/or services (hereinafter, Conditions) through the website smartfixsl.com/, property of Smartfix, Tecnología e Innovación, SL (hereinafter, PROVIDER).

These Conditions may be modified at any time. It is the USER’s responsibility to read them periodically, since those in force at the time of placing the order will apply.

Acceptance of this document implies that the USER:

1. You have read, understood and accepted the terms set forth herein.
2. That is, a person of legal age and with the necessary legal capacity to enter into a contract.
3. Who assumes all obligations set forth herein.
4. You have read, understood and accepted the rest of the legal documents published on the website ( Legal Notice ,  Privacy Policy , etc.).

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER reserves the right to unilaterally modify these conditions, without this affecting the goods or promotions that were acquired prior to the modification.

IDENTITY OF THE PARTIES

On the one hand, the PROVIDER:  Smartfix, Tecnología e Innovación, SL,  with  NIF B71367197 and registered office at Pol. Ind. Las Labradas · C/ Comunidad Foral de Navarra, 5 – 35100 Tudela (Navarra), registered in the Mercantile Registry of Navarra, in Volume 1932, Folio 169, Section 8, Page NA-38443, with contact telephone number +34 948 848 892  and email address  info@smartfixsl.com , as provider of the goods or services contracted by the USER.

And on the other hand, the USER, who contracts the goods or services of the PROVIDER, pursuant to these Conditions.

PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of purchase and sale that arises between the PROVIDER and the USER at the moment when the latter ticks the corresponding box during the online contracting process, as a sign of consent.
The contractual relationship of purchase and sale involves the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product or service.

CONTRACTING PROCEDURE

The contracting procedure can only be carried out in Spanish. If it could be carried out in another language, this will be indicated before starting the procedure.

1. ONLINE STORE WITHOUT USER REGISTRATION : Buying through our online store is very simple, it is not necessary to be registered to do so, but if you register you can save your data and speed up the process in your next purchases. Registering does not oblige you to make a purchase, but it is necessary if you wish to make one.
In case of registering, the USER must freely and voluntarily provide the data requested. The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or of possible access by an unauthorized third party, so that the latter can proceed to immediately block them.
The USER may not choose as a username words that are intended to confuse others by identifying him/her as a member of the PROVIDER, as well as foul, insulting expressions and, in general, contrary to the law or the requirements of morality and good customs.

2. ONLINE STORE WITH USER REGISTRATION : Purchasing through our online store is very simple. To do so, you must be registered. The USER must register through the website by creating a user account. To do so, the USER must freely and voluntarily provide the data required. Registering does not require making a purchase, but it is necessary if you wish to make one.
The USER will select a username and password, agreeing to use them diligently and not make them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorized third party, so that the latter can proceed to immediately block them.
The USER may not choose as a username words that are intended to confuse others by identifying him or her as a member of the PROVIDER, as well as foul, insulting expressions and, in general, contrary to the law or the requirements of morality and good customs.

The contracting procedure will follow the following steps:

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, taxes, 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.

You can place an order from the basket by following the steps below for its correct formalization:
1. – Checking the billing information.
2. – Checking the shipping address.
3. – Selecting the payment method.
4. – Placing the order (buying).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.

In any case, the PROVIDER’s contracting platform will inform the USER, once the contracting procedure has been completed, via email regarding all the characteristics, price, forms of transport, contracting date and estimated delivery of the contracted product or service.

ORDER DELIVERY

The procedure for sending the requested products will begin when the SUPPLIER has reliable knowledge of the payment of the purchase amount into its bank account and the delivery period will begin to count from the moment the SUPPLIER places the product or products in the hands of the transport agency.
Orders received by the SUPPLIER will be processed from Monday to Friday, except on holidays. Orders received after 1:00 p.m. will be processed the following morning.
The delivery period for the mainland will be approximately 48-72 hours, always within a business day. Deliveries to the islands and Ceuta and Melilla may take up to 4 business days.
Orders will be delivered to the delivery address freely designated by the USER. The PROVIDER assumes no liability when delivery of the product or service fails to take place or is delayed as a result of the data provided by the USER being false, inaccurate or incomplete or when delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
In the event that the transport agency cannot deliver the order due to the absence of the end customer at the indicated address, the PROVIDER will charge the USER for any extra costs incurred, and will not be liable for them in any case.

Damaged product : At the time of collection or delivery of the product, the USER must check the order, and if he/she detects any damage or breakage of the package, it is essential that he/she reflects it on the carrier’s delivery note in order to claim it.
If it is damaged, do not accept the order and contact the CONTROLLER by phone at  +34 948 848 892  or by email at info@smartfixsl.com, as soon as possible, to report the incident and be able to solve the problem.

PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product do not include Value Added Tax (VAT) or other taxes that may be applicable and, in any case, will be expressed in Euro (€). These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, transport insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product will be those published on the website and will be automatically assigned by the contracting process in the last phase of the same. The USER assumes that the economic value of some of the products may vary in real time.
All payments made to the PROVIDER will entail the issuance of an invoice in the name of the registered USER. Said invoice will be automatically sent to the email address provided by the USER, as well as sent with the purchased product.
For any information about the order, the USER will have access to the SUPPLIER’s customer service telephone number, which is  +34 948 848 892  , or via email to the email address +34 948 848 892.  In any case, the order number assigned to you and indicated in the purchase confirmation email must be indicated in the subject of the message or to the telephone operator.

PAYMENT METHODS

The PROVIDER makes the following payment methods available to you so that you can choose the one that best suits your needs:

• Bank transfer or deposit:  With this payment method you make the payment in advance, either by transferring the amount of the order from your bank or by making the deposit at the counter in the account number that we indicate to you.
• Cash on delivery:  You pay for the order when it is delivered to you by the transport company.
• Credit card:  This payment method is immediate, completely secure and verified by our secure payment gateway.
• PayPal:  The customer can pay for their order through the PayPal payment system.
• Cash payment.  This payment method is only possible when the order is collected at our facilities.

WARRANTIES

Guarantees will be covered by the provisions of the Title referred to in “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, dated November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking  here.
In order to use the guarantee within the established legal period, it is essential to present proof of purchase.
To make use of the guarantee, contact us at  +34 948 848 892, or send us an e-mail to the following address info@smartfixsl.com.

RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in  article 102 of 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, hereinafter RDL 1/2007.

Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to the contracts referred to and listed in  article 103 of RDL 1/2007 , and which are listed  here

Deadline for exercising the right of withdrawal
The deadlines for exercising the right of withdrawal are those indicated in  article 104 of RDL 1/2007 , and which are listed  here

How to exercise the right of withdrawal
To exercise the right of withdrawal, the USER must notify the CONTROLLER (Smartfix, Tecnología e Innovación, SLU, Pol. Ind. Las Labradas · Comunidad Foral de Navarra, 5 – 35100 Tudela (Navarra),info@smartfixsl.com) of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication regarding the exercise by the USER of this right to be sent before the corresponding period expires.

Consequences of withdrawal
In the event of withdrawal by the USER, we will refund all payments received from the USER, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have supplied proof of the return of the same, depending on which condition is met first.

If the USER has received the goods that are the subject of the contract, they must return them or deliver them directly to ( Smartfix, Tecnología e Innovación, SL , at Pol. Ind. Las Labradas · C/ Comunidad Foral de Navarra, 5 – 35100 Tudela (Navarra)), without undue delay and, in any case, no later than within 14 calendar days from the date on which they communicated their decision to withdraw from the contract. The deadline will be considered to have been met if the goods are returned before said deadline has expired.
The product must be returned in perfect condition (in the same conditions in which the USER received it), correctly packaged in its original packaging, with all its accessories, labels, etc. If the product is returned without its original packaging, the product may depreciate.
The USER will be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The USER must assume the direct cost of returning the goods.

In the case of a contract for the provision of services, if the USER has requested that the provision of services begin during the withdrawal period, he/she will pay us an amount proportional to the part of the service already provided at the time he/she notifies us of his/her withdrawal, in relation to the total object of the contract.

COMPLAINTS

Smartfix, Tecnología e Innovación, SL  informs that it has Complaint Forms available to users or consumers who request them, they can access them by requesting them at any of the contact details indicated below; even if it is not through a Complaint Form, any claim that the user or consumer considers appropriate to make will be attended to as soon as possible, at any of the following contact details of Smartfix, Tecnología e Innovación, SLU:
Postal address: Pol. Ind. Las Labradas · Comunidad Foral de Navarra, 5 – 35100 Tudela (Navarra).
Mail:  info@smartfixsl.com
Telephone:  +34 948 848 892

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/

APPLICABLE LAW AND JURISDICTION

The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this document, as well as any issue related to the services of this portal, will be Spanish law.
The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the USER’s domicile. In the event that it is a sale made by a company that acts within the framework of its business or commercial activity, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals closest to Tudela.