Introduction
This contractual document will govern the General Conditions of contracting products (hereinafter, "Conditions") through the website www.percuforum.com, owned by PERCUFORUM SL under the commercial brand of PERCUFORUM SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Terms and Conditions will remain published on the website and available to the USER for reproduction and saving as confirmation of the contract. PERCUFORUM SL may modify them at any time. It is the USER's responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing an order will apply. PERCUFORUM SL will archive the electronic document formalizing the purchase and will make it available to the USER upon request.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
He has read, understands and comprehends what is stated here.
He is a person with sufficient capacity to hire.
Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.
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 being able to affect the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is PERCUFORUM SL, with registered office at C/ FUENTE NUEVA 3 PORTAL 1 PISO 1B, 28981 - PARLA, MADRID, NIF B13715487 and with customer service telephone number 633 332 068.
And on the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and safekeeping, and is responsible for the veracity of the personal data provided to the PROVIDER.
Subject of the contract
The purpose of this contract is to regulate the contractual relationship of sale and purchase established between the
PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a price that is determined and publicly displayed through the website, of a specific product.
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify INFO@PERCUFORUM.COM so that PERCUFORUM SL can correct them as soon as possible.
The USER can keep their data updated by accessing their user account.
Procurement procedure
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 required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.
Once the user account has been created, you are informed 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 these steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transportation expenses.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTUAL CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance of these legal terms by the USER. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
Goods shipments will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, GLS, CORREOS EXPRESS, CTT, NACEX, DACHSER, etc.), according to the destination freely designated by the USER.
The shipment will be made once the availability of the merchandise has been confirmed and payment for the order has been verified.
Delivery will take between 2 and 6 business days, depending on the destination and the chosen payment method. The estimated shipping and delivery dates will be provided before order confirmation.
Failure to perform the distance contract
If the contract cannot be executed because the contracted product or service is not available within the expected timeframe, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund at no cost, and without the PROVIDER incurring any liability for damages.
In the event of an unjustified delay by the PROVIDER in returning the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not made, because the data provided by the USER is false, inaccurate or incomplete.
Delivery will be considered complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order. The USER may, by means of a simple statement, demand that the PROVIDER remedy said lack of conformity, reduce the price, or terminate the contract. In any of these cases, the USER may also claim compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the product purchased until the PROVIDER fulfills the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to state any exceptions and claims that may be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, but rather an activation of
If the service is downloaded from a website, the PROVIDER will inform the USER in advance about the procedure to follow to perform this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.percuforum.com/formulario-solicitud-desistimiento.pdf
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 is a service provision, to exercise the right of withdrawal, regulated in article 102 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 and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not apply to the contracts referred to and listed in Article 103 of Royal Decree-Law 1/2007, and which are listed here.
All returns must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to INFO@PERCUFORUM.COM, indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge the USER a cost of €10, informing them beforehand through the same communication channel used.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs borne by them, to the address of PERCUFORUM SL, C/ FUENTE NUEVA 3 PORTAL 1 PISO 1B, 28981 - PARLA, MADRID
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal address: PERCUFORUM SL, C/ FUENTE NUEVA 3 PORTAL 1 PISO 1B, 28981 - PARLA, MADRID
Telephone: 633 332 068
Email: INFO@PERCUFORUM.COM
Online Dispute Resolution
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts. This platform facilitates the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER will be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of PERCUFORUM SL or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices shown for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, are subject to change without notice.
Otherwise, they do not include shipping or communication costs, handling, or any other services
additional items and annexes to the purchased product.
The prices applicable to each product are those published on the website and are expressed in Euros. The USER acknowledges that the price of some products may vary in real time.
Before making your purchase, you can check all the details of your order online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total cost. Prices may change daily until the order is placed.
Once the order is placed, the prices will remain the same whether or not the products are available.
All payments made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can also be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it by email, you must request this through any of the means provided by the PROVIDER, and please note that you may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 633 332 068 or via email to INFO@PERCUFORUM.COM.
9. TRANSPORTATION COSTS
Prices published in the store do not include shipping or communication costs, nor installation or download costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when you save your basket or quote, as they are calculated based on the weight of the products and the delivery address.
The maximum transport rate (including VAT) applied is as follows:
Peninsula up to 2 Kg: €10
Peninsula > 2 Kg up to 10 Kg: €25
Peninsula > 10 Kg: €10
Outside the Iberian Peninsula, up to 2 kg: €50
Outside the Iberian Peninsula > 2 Kg up to 10 Kg: €100
Outside the Iberian Peninsula > 10 Kg: €500
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following payment methods for orders:
Credit card
PayPal
The USER may use a discount coupon at the time prior to the completion of the purchase if he has received it from the PROVIDER.
Security measures
The website uses industry-standard information security techniques, such as SSL, secure page entry, firewalls, access control procedures, and cryptographic mechanisms, all designed to prevent unauthorized access to data. To achieve these objectives, the user/customer agrees that the provider may collect data for the purpose of authenticating access controls.
The PROVIDER agrees not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under the card brand programs, it is prohibited to sell or offer any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s).
11. PURCHASE PROCESS
Any product from our catalog can be added to your shopping cart. In the cart, you will only see the items, quantity, price, and total amount. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information you entered.
The baskets have no administrative link; it is only a section where a budget can be simulated without any obligation for either party.
From the shopping cart, you can place an order by following these steps for proper processing:
1. - Verification of billing data.
2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order has been placed.
Orders (purchase requests)
Prior to order confirmation, information will be provided regarding the order status and the approximate shipping and/or delivery date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, that condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that may apply to him/her.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. GUARANTEES AND RETURNS
The guarantees will comply with the provisions of the Title on "Guarantees and after-sales services" 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 and other complementary laws, which you can access by clicking here.
If you wish to customize this section, you must ensure that the wording complies with the regulations in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative Decree 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. Any dispute arising from the provision of the products or services covered by these Terms and Conditions shall be submitted to the courts of the USER's domicile, the place of performance of the obligation, or the location of the property if it is real estate.