GENERAL TERMS OF USE AND IN-STORE PURCHASE
https://malagabaterias.com
1. GENERAL INFORMATION
The website https://malagabaterias.com (hereinafter, the “Website”) is owned by Acumuladores Baterías y Recambios, S.L. (hereinafter, the “Company”), which trades under the name Málaga Baterías, has its registered office at C/ La Orotava, 100, 29006 Málaga, Spain, and holds Tax ID (NIF): ES B93159168.
Contact details:
Telephone: +34 952 310 118
Email: info@malagabaterias.com
The Company is engaged in the sale, fitting and distribution of batteries, accumulators and related products at its shop.
The Website is for information purposes only: it presents the Company’s products and services and allows users to request information or a quote, but it does not allow online purchases or payments. All purchases are concluded and paid for at the shop.
These terms (hereinafter, the “Terms”) govern the use of the Website and purchases made at the shop. They are supplemented by the Legal notice, the Privacy policy and the Cookie policy.
2. USE OF THE WEBSITE
2.1. Access to the Website is free of charge and does not require registration. Anyone browsing it (hereinafter, the “User”) accepts these Terms in the version published at that time. Anyone who does not agree with them must refrain from using the Website.
2.2. The User undertakes to use the Website in accordance with the law, good faith and these Terms, and not to introduce viruses or carry out any action that may damage or overload it or prevent its normal use. The automated extraction of its content (scraping or similar techniques) without express authorisation is prohibited.
3. INFORMATION, PRICES AND COMPATIBILITY
3.1. The descriptions, images, specifications and compatibility details of the products shown on the Website are for guidance only. Before the purchase, the shop staff confirm the right product for each vehicle or piece of equipment.
3.2. Any prices shown on the Website are for information only and include VAT unless otherwise stated. The applicable price is the one stated in the accepted quote or the one in force at the shop at the time of purchase.
3.3. The Company periodically reviews the information on the Website, but cannot guarantee that it is free from errors or omissions and may change it at any time without prior notice.
4. ENQUIRIES, QUOTES AND RESERVATIONS
4.1. The User may request information or a quote through the contact form, by email or by telephone. Such requests do not constitute a purchase and do not bind the User.
4.2. Quotes are valid for the period stated in them. If the product or service is reserved, the purchase is concluded at the shop at the time of payment.
5. PURCHASES AT THE SHOP
5.1. Purchases are made in person at the shop and paid for there using the payment methods accepted at any given time. Each purchase comes with the corresponding receipt or invoice, which also serves as proof for the guarantee.
5.2. As these are in-person purchases, the 14-day right of withdrawal provided for distance contracts and off-premises contracts does not apply. This does not affect the guarantee rights described in section 6 or any exchange policies the Company may offer, which will be explained at the shop.
5.3. Fitting, testing or charging services provided at the shop are quoted and invoiced there. The User must report any particular features of their vehicle or equipment (Start-Stop systems, radio codes, alarms or others) that may be affected by disconnecting the battery.
5.4. The Company collects the used battery handed over by the customer for management in accordance with waste and battery regulations.
6. GUARANTEE
6.1. Products sold to consumers are covered by the legal guarantee of conformity, within the periods and under the conditions laid down in Real Decreto Legislativo 1/2007 (the Spanish consumer protection act), which approves the consolidated text of the General Law for the Protection of Consumers and Users. The Company is liable for any lack of conformity that exists at the time of delivery and becomes apparent within those periods.
6.2. To exercise it, the User must present the purchase receipt or invoice at the shop or contact the Company using the details given in section 1. The Company will inspect the product and, if there is a lack of conformity, will repair or replace it or, where appropriate, reduce the price or terminate the sale.
6.3. The guarantee does not cover damage resulting from improper use, installation or maintenance carried out by third parties, from accidents or from normal wear and tear of the product (for example, deep discharges or prolonged lack of charging).
6.4. In the specific case of batteries, keeping a battery discharged below 12.4 V initiates a sulphation process that irreversibly reduces its performance, which does not constitute a manufacturing defect. Batteries presented with a voltage below 12 V will not be accepted under warranty.
6.5. Sales to business customers (workshops, fleets and companies) are governed by what has been agreed in each case and, failing that, by commercial law.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the Website (texts, images, design, logos and code) is owned by the Company or by third parties who have authorised its use. Manufacturers’ trademarks belong to their respective owners. Their reproduction, distribution or transformation without express authorisation is prohibited.
8. LIABILITY
8.1. The Company does not guarantee the continuous availability of the Website or the absence of technical errors, and is not liable for damage resulting from interruptions, viruses or failures beyond its control.
8.2. The Website may contain links to third-party sites, over whose content the Company has no control and for which it accepts no responsibility.
8.3. Nothing in these Terms limits the rights that consumer protection legislation grants on a mandatory basis.
8.4. The Company is not liable for any failure or delay caused by force majeure or circumstances beyond its reasonable control (such as natural disasters, epidemics, strikes, supply outages or decisions of the authorities), for as long as those circumstances persist.
9. DATA PROTECTION
Personal data provided by the User through the Website or at the shop are processed in accordance with the Privacy policy.
10. COMPLAINTS AND CLAIMS
The shop has official complaint forms (hojas de reclamaciones) available to consumers. The User may also send complaints or claims to info@malagabaterias.com or to the address given in section 1.
11. APPLICABLE LAW AND JURISDICTION
These Terms are governed by Spanish law. If the User is a consumer, the courts and tribunals of their place of residence shall have jurisdiction. In all other cases, the parties submit to the courts and tribunals of Málaga (Spain).
12. CHANGES TO THE TERMS AND PARTIAL INVALIDITY
The Company may amend these Terms at any time. Amendments will be published on this same page and will take effect from their publication, without affecting purchases already made.
If any clause of these Terms is declared void, the remaining clauses shall remain valid and effective.