General contract conditions

LEGAL WARNING:

This Legal Notice of FUTURA TECK, SLU contains the terms of use of the websites owned by FUTURA TECK, SLU, as well as the general contracting policy that regulates the client’s right of withdrawal, the deadlines for exercising the same as well as the return policy and shipping costs.

TERMS OF USE

In compliance with the general information duty contained in article 10 of Law 34/2002 of July 11, on Information Society Services (hereinafter LSSI), it is stated below:

IDENTIFICATION DATA

The domains  www.futura.es  www.tiendaplotter.com  www.tiendasolvente.com  www.tiendasublimacion.com (hereinafter Website) are registered in the name of:  FUTURA TECK DE MURCIA, SLU  Registered office at  Avenida Alto de las Atalayas ,18 – 30110, Cabezo de Torres, Murcia (MURCIA)  Company registered in the Mercantile Registry of Murcia, Volume Mu-1135 of the companies section, Folio 47, Sheet MU-20685, first registration. CIF B30507743.

Contact address is the email address  info@futura.es

Regarding the prices of the products we offer, they can be consulted through the company’s websites. All prices of products and services include VAT

TERMS OF USE

I.- Users.

Access to and/or use of the beinsen.com website attributes to the person doing so the status of user, accepting, from that very moment, fully and without any reservations, these general conditions, as well as the particular conditions that , where applicable, complement, modify or replace the general conditions in relation to certain services and contents of the website.

II.- Use of the website, its services and contents.

Access to any of the websites indicated in the first section provides the user with access to the products offered, their price and information about brands and services provided by FUTURA TECK. The user undertakes to use the website and its services and contents without contravening current legislation, good faith, generally accepted uses and public order.

Likewise, the use of the Website for illegal or harmful purposes against THE OWNER or any third party is prohibited, or that, in any way, may cause damage or prevent the normal functioning of the Website.

Regarding the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.),  it is prohibited:

Any violation of the rights of  THE OWNER  or its legitimate owners over them. Its use for all types of commercial or advertising purposes, other than those strictly permitted. Any attempt to obtain the contents of the website by any means other than those made available to users as well as those usually used on the Internet, provided that they do not cause any damage to the website.

UNILATERAL MODIFICATION.

THE OWNER  may modify unilaterally and without prior notice, whenever it deems appropriate, the structure and design of the website, as well as modify or eliminate the services, contents and conditions of access and/or use of the Website.

LINK POLICY (HYPERLINKS).

The establishment of any “hyperlink” between a web page and the website will be subject to the following conditions:

In those cases in which people or entities want to make a hyperlink from a web page of another Internet portal to any of the websites specified in section 1, they must submit to the following conditions: Total or partial reproduction is not permitted. of any of the services or contents of the website, except with prior authorization from THE OWNER of any of the websites. Unless prior and express consent is given, the web page on which the hyperlink is established will not contain any trademark, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to the OWNER. The establishment of the hyperlink will not imply the existence of relations between any of the websites and the owner of the website or the portal from which it is made, nor the knowledge and acceptance of THE OWNER of the referenced websites of the contents offered in the said web page or portal. Under no circumstances will THE OWNER be responsible for the content or services made available to the public on the website from which the “hyperlink” is made or for the information and statements included therein. THE OWNER of any of the websites may make connections and links to other websites managed and controlled by third parties available to the user. These links have the exclusive function of facilitating users’ search for information, content and services on the Internet, without under any circumstances being considered a suggestion, recommendation or invitation to visit them. THE OWNER of the websites specified in paragraph 1 does not market, direct, or previously control, nor make its own the contents, services, information and statements available on said websites. THE OWNER does not assume any type of responsibility, not even indirectly or subsidiary, for damages of any kind that may arise from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed by itself and that are accessible through any of the websites referenced in section 1.

PRIVACY AND DATA PROTECTION POLICY

To know our privacy and data processing policy, access it through the following link: beinsen.com

INDUSTRIAL AND INTELLECTUAL PROPERTY

FUTURA TECK,  as the owner of the websites specified in the first paragraph, is the owner of all the industrial and intellectual property rights of the aforementioned websites, as well as the content elements thereof (for example: images, sound , audio, video, software, texts, brands, logos, color combinations, computer programs necessary for its design…), owned by FUTURA TECK or its licensors. All rights reserved. Any use not previously authorized by FUTURA TECK will be considered a serious breach of intellectual and industrial property rights and will entitle FUTURA TECK to take appropriate legal action. Likewise, the reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, are expressly prohibited. without the authorization of FUTURA TECK.

EXCLUSION OF GUARANTEES AND RESPONSIBILITY

THE  OWNER  does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from:

The lack of availability, maintenance and effective functioning of the Website and/or its services or contents. The lack of usefulness, adequacy or validity of the Website and/or its services or content to satisfy specific needs, activities or results or expectations of users. The existence of viruses, malicious or harmful programs in the contents. The reception, obtaining, storage, dissemination or transmission, by the users, of the contents. The illicit, negligent, fraudulent use, contrary to these General Conditions, good faith, generally accepted uses or public order, of the Website, its services or contents, by users. The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the Website. Non-compliance by third parties with their obligations or commitments in relation to the services provided to users through the Website.

DURATION

The duration of the provision of the website and services is indefinite. Without prejudice to the foregoing, THE OWNER reserves the right to interrupt, suspend or terminate the provision of the Web service or any of the services that comprise it, under the same terms as set out in the third condition.

RIGHT OF EXCLUSION

THE OWNER  of the websites reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these General Conditions of Use.

PERSECUTION BREACH OF GENERAL CONDITIONS

THE OWNER  of the websites will pursue non-compliance with these conditions as well as any improper use of any of the websites, exercising all civil and criminal actions that may apply by law.

MODIFICATION OF THESE CONDITIONS

THE OWNER  may modify the conditions determined here at any time, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.

APPLICABLE LAW AND JURISDICTION

These Terms of Use will be governed by Spanish law. FUTURA TECK DE MURCIA, SLU and the user agree to submit to the Jurisdiction of the Courts and Tribunals of the user’s domicile for any issues that may arise or actions that may be exercised derived from the provision of the Web service and its services and contents and on the interpretation, application, compliance or non-compliance with what is established here. In the event that the User is domiciled outside of Spain, FUTURA TECK DE MURCIA, SLU and the User submit to the Jurisdiction of the Courts and Tribunals of MURCIA. Last update on February 6, 2019

GENERAL CONTRACTING POLICIES

In accordance with the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, article 80 which regulates the incorporation control of the clauses not individually negotiated in contracts with consumers, as well as the provisions of articles 68 to 79 of said legal text where the consumer’s right of withdrawal is recognized, the right of withdrawal is regulated below, the term for the exercise of the same and return policy and shipping costs applicable to all contracts concluded with consumers.

TRANSFER OF RISK

It is important that the CUSTOMER takes into account, before knowing the extension of the right of withdrawal, who assumes the risk of delivery of a defective product or in poor condition. The assumption of risk will depend on the type of purchase that has been made. Internet Purchases In the case of online purchases, the transmission of risk to the CUSTOMER will depend on the transportation chosen. In the event that the customer opts for one of the shipping methods that FUTURA TECK, SLU, offers on any of its websites, the risk is assumed by the company until the product has been effectively delivered to the CUSTOMER. However, if the CUSTOMER opts for a method of shipping the product other than the one offered by FUTURA TECK, SLU, the risk will be transferred to him from the moment the carrier picks it up from the company.

Shopping in a physical store

In the case of purchases in a physical store, the risk is transferred to the CUSTOMER from the moment in which he himself or a third party indicated by him acquires material possession of the good.

RIGHT OF WITHDRAWAL

Any user of some of the websites owned by FUTURA TECK, SLU, who makes purchases through them or who purchases the products in the physical store, that is, all those subjects who acquire the status of  CUSTOMER  with respect to FUTURA TECK, SLU, have the right of withdrawal expressly recognized by Law.

The right of withdrawal consists of the power of the consumer and user (CLIENT in our case) to void the contract entered into, prior notification to the counterparty within the legally established period for this purpose and without the need for justification or penalty of any kind.

Given the importance that the exercise of this power has on the client’s rights, the client may send to the address info@futura.es any doubts or questions that arise when exercising it.

When the CUSTOMER wishes to exercise his right of withdrawal, it will be enough for him to notify FUTURA TECK, SLU, by sending the withdrawal document contained in the fifth section or by returning the products he purchased.

PERIOD TO EXERCISE WITHDRAWAL

The CLIENT  will have a period of FOURTEEN CALENDAR DAYS (14) to exercise their right of withdrawal.

This period will begin to count from the time in which the consumer received or acquired the product/s they wish to return.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of the LGDCU, there are certain products that, due to their characteristics, cannot be returned. This is an exception that is applied due to the specialty of the product.

The products that cannot be returned are the following:

• Products made following the consumer’s specifications or  created to measure and personalized.
• Also,  goods that can deteriorate quickly , such as printer ink. Once the ink cartridges are opened or used, they cannot be returned. However, if the customer purchases several cartridges that are packaged and it is necessary to open the packaging to verify that they have the characteristics purchased, they may return them if they are not the ones ordered, but as long as they have not been used or removed the seal from the cartridges. themselves. Likewise, with respect to printers and plotters, these cannot be returned once tested since the test involves using the ink cartridges incorporated into the machines. Printers and plotters may be returned if they have never been used and as long as they are in the original packaging and are in perfect condition.
• The supply of  sealed goods  that are not suitable for return for  health protection or hygiene reasons  and that have been unsealed after delivery.
• The supply of goods that, after delivery and taking into account their nature, have been  inseparably mixed with other goods .

CONSEQUENCES OF WITHDRAWAL

As stated in the first paragraph, the exercise by the consumer of the right of withdrawal may not, in any case, entail a penalty for the consumer. However, since the right of withdrawal consists of the CLIENT’s power to void the contract, this entails a series of consequences linked to the loss of validity of the contract:

the client:

• The CUSTOMER must return/return the product(s) purchased.
• The product(s) must be returned in perfect condition. The CUSTOMER will not be responsible for the decrease in the value of the product caused by its use as stipulated in the contract. If you sign a contract with a permanence clause, the penalty for early withdrawal from the contract will be proportional to the number of non-effective days of the agreed permanence commitment.

Impossibility of returning the purchased good: In the event that it is not possible for the CUSTOMER to return the product they purchased and this impossibility is attributable to them, the CUSTOMER will be liable for the market value that the good would have had at the time of exercising the right of withdrawal. . The impossibility of returning the purchased good will not deprive the CUSTOMER of being able to execute their right of withdrawal.

FUTURA TECK, S.L.U. :

• FUTURA TECK, SLU, is obliged to return the amounts paid by the CLIENT, when the CLIENT exercises his right of withdrawal. That is, FUTURA TECK, SLU, must return to the client the price he paid for the acquisition of the products.
• The return of said amounts must be made within FOURTEEN CALENDAR DAYS (14) from the date on which the CLIENT has been informed of the exercise of the right to withdraw.
• In the event that 14 days pass and the CUSTOMER has not been refunded the financial amount that was previously paid, he or she will have the right to claim it in duplicate, without prejudice to demanding compensation for damages caused, in excess of the amount. to return.
• The burden of proof of compliance with the established deadline will in all cases correspond to FUTURA TECK, SLU.
• FUTURA TECK, SLU, may not in any case demand from the CLIENT, advance payment or provision of guarantees or the acceptance of effects that guarantee eventual compensation in their favor in the event that the consumer exercises the right of withdrawal.

WITHDRAWAL DOCUMENT

To exercise the right of withdrawal, the CUSTOMER will have two different documents depending on whether the purchase was made in the physical store or online. If you make the purchase in the establishment, it will be enough to keep the purchase receipt during the period in which said right can be exercised. If the purchase has been made online, the withdrawal document will be delivered by email if the customer requests it within the established deadlines and forms. The CUSTOMER must only complete it following the instructions that appear therein.

SHIPPING COSTS AND OTHER COSTS

The return to FUTURA TECK, SLU, of the products that the CUSTOMER has purchased may entail a series of expenses that the CUSTOMER may have to face, although depending on the reason for returning the product.

CONCEPTS

The following concepts must be taken into account for a better understanding of this section.

• Return of the product: return of the product is understood to be the return of the good purchased by the CLIENT to FUTURA TECK, SLU, derived from the exercise of their right of withdrawal or for other reasons such as a defective product or another product different from the one purchased.
• Return costs: the costs of returning the product are those related to the transportation of the good from the address or shipping point (such as the Post Office for example) to the address of FUTURA TECK, SLU
• Direct costs: direct costs are understood to include both the costs of returning the product and those associated with said return.
• Shipping costs: shipping costs are those that the CUSTOMER pays when they buy the product online and it is sent to their home.

DEFECTIVE PRODUCT

If the product purchased by the customer is defective, the customer can choose between repairing the product or replacing it with another one in perfect condition. The repair is free of charge for the CUSTOMER and will include the expenses necessary to correct the lack of conformity as well as shipping costs, labor costs and materials. FUTURA TECK, SLU, is obliged in these cases to return to the consumer the shipping costs that were paid to receive the product.

However, in the event that the CUSTOMER decides to have the product picked up at his home and sent to FUTURA TECK for repair, he will be responsible for the shipping costs to the company.

PRODUCT DIFFERENT FROM THE CONTRACTED ONE

Since it is considered an error by FUTURA TECK, SLU, the sending to a client of a product other than the one he contracted, FUTURA TECK will assume all expenses related to the collection of the product and the subsequent shipment to the CUSTOMER.

SHIPPING COSTS IN THE RIGHT OF WITHDRAWAL

The costs of returning the product for exercising the right of withdrawal within the legal period of 14 days are assumed by the customer.

APPLICABLE LEGISLATION

The General Contracting Conditions included in this legal notice are regulated by the provisions of Spanish legislation, specifically by the current wording of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.

Last update on February 6, 2019