General terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

https://malagabaterias.com

1. GENERAL INFORMATION

Ownership of this website https://malagabaterias.com, (hereinafter the Website) is held by: ---------- malagabaterias, holding NIF: ------- and registered in: Málaga; whose registry details are: ------------------, and whose contact details are:

Address: ------------- (Málaga) Spain

Contact telephone: -----------

Contact email: info@malagabaterias.com

This document (as well as any other documents referred to herein) governs the conditions applicable to the use of this Website (https://malagabaterias.com) and the purchase or acquisition of products and/or services on it (hereinafter, the Conditions).

For the purposes of these Conditions, it is understood that the activity that malagabaterias.com carries out through the Website comprises:

The marketing and distribution of all types of batteries and accumulators, as well as all products related to automotive spare parts

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of malagabaterias.com. By using this Website or by placing and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned; therefore, if the User does not agree with all of this, they must not use this Website.

Likewise, please be advised that these Conditions may be amended. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time the acquisition of products and/or services is requested shall be applicable.

For any questions the User may have in relation to the Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.

2. THE USER

Accessing, browsing and using the Website confers the status of user (hereinafter referred to, indistinctly, individually as the User or jointly as the Users); therefore, from the moment browsing of the Website begins, all the Conditions set out herein are accepted, as well as any subsequent amendments thereto, without prejudice to the application of the relevant mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Using this Website solely to make legally valid enquiries and purchases or acquisitions.
• Not making any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
• Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed principally at Users resident in Spain. malagabaterias.com does not warrant that the Website complies with the legislation of other countries, whether in whole or in part. malagabaterias.com disclaims all liability that may arise from such access, and neither does it warrant deliveries or the provision of services outside Spain.

The User may enter into, at their choice, the contract for the sale of the desired products and/or services with malagabaterias.com in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of https://malagabaterias.com, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click to purchase the product.

Likewise, the User must complete and/or check the information requested at each step, although, during the purchase process, before making payment, the purchase details may be modified.

Next, the User will receive an email confirming that malagabaterias.com has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where applicable, they will likewise be informed by email when their purchase is being shipped. Where applicable, this information could also be made available to the User through their personal login area on the Website.

Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice which will be sent to the User by email and, where applicable, through their personal login area on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from malagabaterias.com using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question, which are displayed alongside its presentation or, where applicable, image on its page on the Website, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, product details, or characteristics, the manner in which the services will be carried out and/or their cost; and acknowledges that placing the purchase or acquisition order constitutes the full and complete acceptance of the particular conditions of sale applicable in each case.

Unless expressly stated otherwise, malagabaterias.com is not the manufacturer of the products sold or that may come to be marketed on the Website. Although malagabaterias.com makes great efforts to ensure that the information displayed on the Website is correct, on occasion the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Website. For this reason, the User should consider not only the information supplied by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by malagabaterias.com through the Website are subject to the availability of the products and/or to no circumstance or event of force majeure (clause nine of these Conditions) affecting their supply and/or the provision of the services. Should difficulties arise regarding the supply of products or should products be out of stock, malagabaterias.com undertakes to contact the User and to refund any amount that may have been paid. This shall equally apply in cases where the provision of a service becomes impossible to carry out. Under no circumstances shall an amount greater than that paid by the customer be refunded.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless, due to a legal requirement, especially with regard to VAT, a different matter is indicated and applied.

However, and unless otherwise indicated on a specific basis, the prices of the items offered exclude the shipping costs that may be incurred, which will be added to the total amount due at the time the User processes the shipping procedure, where the User will consult the available shipping methods and costs and freely choose the one that best suits them.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but, except in the event of a pricing error, any changes will not affect orders or purchases for which the User has already received an order confirmation and where the product is available in our warehouses at the time of placing the order..

The accepted means of payment shall be: Credit or debit card, PayPal, Bank transfer, Bizum and Cash on Delivery

malagabaterias.com uses every means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorisations by the issuing bank; if said bank does not authorise the payment, malagabaterias.com will not be responsible for any delay or failure to deliver and will not be able to enter into any contract with the User.

Once malagabaterias.com receives the purchase order from the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the moment the shipping confirmation and/or confirmation of the service provided is sent to the User in the form and, where applicable, place established.

If the means of payment is PayPal, the charge will be made at the moment malagabaterias.com sends a confirmation of the purchase or acquisition order of products and/or services to the User.

In any case, when making the purchase, the User confirms that the payment method used is theirs.

Purchase or acquisition orders in which the User selects bank transfer as the means of payment will be held for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by malagabaterias.com for the Website. When the system receives the full amount of the order in the account, after deducting any type of bank charges for receiving the transfer, the order will be prepared and processed for shipping.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference.

In the event of an error in this data or of not receiving the correct amount, malagabaterias.com will not be able to validate the order, which will be cancelled and the full amount received refunded, after deducting any charges for issuing the transfer.

For cash-on-delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and continue in order to place the purchase order. From that moment, malagabaterias.com reserves the right to contact the User in order to validate the purchase order with them. Following this, the order will be prepared and made available for the processing of its shipment.

Payment will be made at the time of delivery of the order by the carrier's delivery agent. Payment will be made in cash only. The User undertakes to give the carrier's delivery agent the exact amount of the order; the latter will not be able to provide change.

For the refund of the amount on orders paid by cash on delivery, malagabaterias.com reserves a period of 14 calendar days after the refund is requested through the Website and once the parcel has been returned to the carrier. When making the refund, the User must indicate their bank details in order to receive the transfer corresponding to the refund requested for the amount of the returned order. The refund of the amount of orders paid by cash on delivery will be made solely by transfer and any payment charge for issuing the transfer, if any, will be deducted.

malagabaterias.com reserves the right to suspend cash-on-delivery payment for those Users who have not complied with the necessary requirements on past orders.

6. DELIVERY

Except in those cases where there are unforeseen or extraordinary circumstances, such as, for example, stock shortages, or, where applicable, arising from the customisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days counting from the date of the order confirmation (unless an extraordinary delivery date accepted by the user is notified).

However, it must be borne in mind that orders will be shipped on working days and, furthermore, that these are not public holidays in the locality from which the products are shipped. This fact may cause delays with respect to the specified delivery period.

If for any reason attributable to the company and not to the transport company, malagabaterias.com is unable to meet the delivery date, it will contact the User to inform them of this circumstance, and the User will be able to choose to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it should prove impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User is not going to be at the place of delivery within the agreed time slot, they must contact malagabaterias.com or directly the courier company to arrange delivery on another day.

In the event that 30 days elapse from the time your order is available for delivery, and it has not been delivered for reasons not attributable to malagabaterias.com, malagabaterias.com will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport arising from the termination may have an additional cost that may be passed on to them.

For the purposes of these Conditions, delivery shall be understood to have taken place, or the order to have been delivered, at the moment the User or a third party indicated by the User takes physical possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of their delivery. The User acquires ownership of the products when malagabaterias.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the moment of delivery, if this takes place at a moment subsequent to the full receipt by malagabaterias.com of the amount subject to payment.

The applicable VAT rate will be that legally in force at any given time depending on the specific item concerned and its destination.

In the event that there is no availability of the purchased product, the company may substitute it with another product of the same dimensions and characteristics, but of superior performance.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that, in the event that they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify it by contacting baterias.com through the contact spaces provided on the Website, and, where applicable, through those provided to contact the customer service department, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal login area on the Website.

In any case, the User, before clicking on "", has access to the space, cart, or basket where their purchase requests are being recorded and can make modifications.

Likewise, the User is referred to the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the owner's Website, they are afforded a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, is afforded the right to withdraw from that purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorised by them, other than the carrier, took physical possession of the goods acquired on the Website of malagabaterias.com or, in the event that the goods making up their order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by them, other than the carrier, took physical possession of the last of those goods making up a single purchase order, or, in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify their decision to malagabaterias.com. They may do so, where applicable, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that malagabaterias.com makes available to them as a part annexed to these Conditions; however, its use is not obligatory.

To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, malagabaterias.com will refund to the User all payments for the product without any undue delay and, in any case, no later than 14 calendar days from the date on which malagabaterias.com is informed of the User's decision to withdraw.

malagabaterias.com will refund the User using the same payment method that the User used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, malagabaterias.com may withhold said refund until it has received the products or items of the purchase and verified that they are received in perfect condition.

The User may return or send the products to malagabaterias.com at:

And they must do so without any undue delay and, in any case, no later than within the period of 14 calendar days from the date on which malagabaterias.com was informed of the decision to withdraw.

The User acknowledges being aware that they must bear the direct cost of returning (transport, delivery) the goods, should any be incurred. Furthermore, they will be responsible for the diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

However, under the company's returns policy set out in the "Shipping and Returns" section, there are cases in which the company will proceed to collect the products that the user wishes to return. Essentially, this will apply to those items shipped to the mainland by standard, non-industrial parcel companies, and that we had in stock at the time of placing the order. In these cases, the company will proceed to collect the item at no cost to the customer. Once the order arrives at our premises and the correct condition of the returned items is verified, the amount of the product will be refunded.

The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in article 103 of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: customised products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their wrapping, as sealed at the factory; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed in this same sense, as this same Law establishes that the Right of withdrawal will not be afforded to Users when the provision of the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by malagabaterias.com, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original wrapping, the instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.

These conditions only govern relations between consumers or users and traders as defined in Article 3 of Spanish Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. They therefore do not apply to commercial relations with legal persons acting for profit, and most especially do not apply in those cases where an order has been placed for products that are not available at the time of purchase and have been expressly ordered from a third party.

At the following link you may request the Model withdrawal form: https://malagabaterias.com/es/contactenos

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they must contact malagabaterias.com immediately and make the existing non-conformity (defect/error) known to it by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, a replacement is appropriate. In the event that it is determined that there is no lack of conformity, neither the refund nor the replacement of the product will be appropriate and the User must bear all the costs arising from the verification and possible return of the product.

The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when one actually exists, will be refunded in full. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User will always apply.

Warranties

The User, as a consumer and user, enjoys warranties on the products they may acquire through this Website, in the terms legally established for each type of product, malagabaterias.com being liable, therefore, for the lack of conformity thereof at the time of purchase and which becomes apparent within the legal warranty period established by Spanish Royal Legislative Decree 7/2021, of 26 April, amending the consolidated text of the General Law for the Defence of Consumers and Users.

In this sense, products are understood to conform to the contract provided that:

- They match the description provided by malagabaterias.com and possess the qualities presented therein

- They are fit for the purposes for which products of the same type are ordinarily intended. This includes the expected service life for the product according to its use.

- They exhibit the quality and performance customary in a product of the same type and which are reasonably expected of it.

When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping error. However, some of the products marketed on the Website may exhibit non-homogeneous characteristics, provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

In the specific case of batteries, it is hereby noted that discharging and keeping a battery below 12.4 volts initiates a sulphation process that reduces its performance, without such reduction being attributable to a manufacturing defect of the product. Therefore, batteries that have been kept discharged or that arrive at our premises below 12 Volts will not be attended to.

9. EXCLUSION OF LIABILITY

Except where the law provides otherwise, malagabaterias.com will not accept any liability for the following losses, regardless of their origin:

• Any losses that are not attributable to any breach on its part;
• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
• Any other indirect loss that was not reasonably foreseeable by both parties at the moment the contract for the sale of the products between both parties was formalised.

Likewise, malagabaterias.com also limits its liability in the following cases:

• malagabaterias.com applies all measures concerning the provision of a faithful representation of the product on the Website; however, it is not responsible for the minimal differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this nature.
• malagabaterias.com will act with the utmost diligence in order to make available to the company responsible for the transport the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road hold-ups, and in general any others typical of the sector, that result in delays, losses or thefts of the product.
• Technical failures which, due to fortuitous causes or of another nature, prevent the normal functioning of the service through the internet. Unavailability of the Website for reasons of maintenance or others, that prevent the service from being available. baterias.com puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products; however, it disclaims liability for causes not attributable to it, fortuitous event or force majeure.
• malagabaterias.com will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, malagabaterias.com will not be responsible for an erroneous return made by the User either. It is the User's responsibility to return the correct product.
• In general, malagabaterias.com will not be liable for any breach or delay in the performance of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, that are due to an event of force majeure, and this may include, by way of example but not exhaustively:

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, aircraft, motor transport or other means of transport, whether public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the event of force majeure continues, and baterias.com will have an extension of the period for fulfilling them for a period of time equal to that which the event of force majeure lasts. baterias.com will put all reasonable means in place to find a solution that allows it to fulfil its obligations despite the event of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that the majority of communications with malagabaterias.com are electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that any contract, notice, information and other communications that malagabaterias.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law for the User.

The User may send notices and/or communicate with malagabaterias.com through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless stipulated otherwise, malagabaterias.com may contact and/or notify the User at their email or at the postal address provided.

11. WAIVER

No waiver by malagabaterias.com of a specific legal right or action or the failure by malagabaterias.com to require strict compliance by the User with any of their obligations shall constitute either a waiver of other rights or actions arising from a contract or from the Conditions, nor shall it release the User from the fulfilment of their obligations.

No waiver by malagabaterias.com of any of these Conditions or of the rights or actions arising from a contract shall take effect, unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made herein constitute the entire agreement existing between the User and malagabaterias.com in relation to the subject matter of sale and supersede any other prior pact, agreement or promise agreed verbally or in writing by the same parties.

The User and malagabaterias.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to malagabaterias.com in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy or data protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data they provide is truthful.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any dispute, problem or disagreement that arises or is related to the access to, browsing and/or use of the Website, or to the interpretation and performance of these Conditions, or to the sales contracts between malagabaterias.com and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send malagabaterias.com their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, malagabaterias.com has official complaint forms available to consumers and users, which they may request from baterias.com at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between malagabaterias.com and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.