1. Scope of Application
(1) Our general business terms and conditions (hereinafter "Terms and Conditions" are applied to all deliveries and services of the company INDUSTEX SL, Av. P. Catalanes 34, 8ª planta, Esplugues de Llobregat, Barcelona, Spain (hereinafter “INDUSTEX”), including orders placed through our online shop at www.islshop.co.uk (2) In all business relations between INDUSTEX and the customer, the general terms and conditions in force are the only ones applied when the order is placed. No other terms and conditions are acknowledged, except in the case of an agreement in advance and in writing.
2. Execution of the Contract
(1) The presentation of our products on our online shop does not constitute a legally binding contract proposal from us, but rather a non-binding invitation for consumers to order merchandise. When placing an order, the consumer makes a binding offer to complete the purchase agreement.
(2) Orders shall only be processed if they are made through the website of www.islshop.co.uk by filling in the electronic order form. This form must be filled in completely and correctly. When INDUSTEX receives an order, it sends a confirmation of the purchase agreement to the email address indicated on the order. It is the purchaser's responsibility to check for any errors. Otherwise, the purchase agreement is considered finalized as specified in the confirmation email. If the product ordered is not available, INDUSTEX shall inform the customer and shall immediately reimburse the customer for the purchase price. INDUSTEX also offers the option of purchasing a similar product but will not dispatch any alternative product without you consenting to receive it.
(1) We accept the following forms of payment: credit card payment and PayPal.
i. Credit card payment
Payment with credit cards is a service offered directly by the bank. We accept VISA and MASTERCARD. To guarantee the security of online purchases and protect consumers from potentially fraudulent behaviour, VISA and MASTERCARD have agreed to offer a secure payment system for Internet purchases.
(2) INDUSTEX reserves the right to demand a specific amount from the customer as a down payment before sending the products. This is done because of possible risks for INDUSTEX, such as when the purchaser has not paid the product price in the past.
4. Tax and Packaging Expenses
The expenses for preparing the shipment, such as packaging, product shipment, the corresponding taxes and rates, shall be paid by the customer as part of the purchase price. The exact amount of the expenses shall be indicated on the order during the purchase process before the order is finalized.
5. Retention of Title
We reserve the right to the title of the products until the full purchase price is received.
(1) Delivery shall be made within 15 working days after the date on which the total amount of the purchase price, expenses and taxes is paid. In the event that the products are not available, the delivery time may be extended so that delivery is made within 30 days of your order being placed. The customer shall be informed of this immediately and you may cancel your order if you do not wish to wait until the end of that period. If the product is not available within 30 days of your order, your order (or the relevant part of it) will be automatically cancelled and refunded unless we have otherwise agreed with you.
(2) Meeting the delivery date means that all the contractual obligations with the customer have been complied with.
(3) If the products in a single order are sent separately, there shall be only one charge for shipping expenses.
7. Right of Cancellation
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Right of Cancellation You have the right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000. You can do this before or after you receive the goods.
If you wish to cancel before receiving the goods, please let us know in writing (by letter, fax or email) within 14 days of placing your order.
If you wish to cancel after receiving the goods, or if the goods are delivered within that 14 day period, you can cancel by (1) telling us in writing, or (2) returning the goods to us promptly. If you tell us in writing, you have to tell us within 7 days of delivery of the goods to you. If you do not tell us in writing, but simply return the goods to us, they have to be received back by us within 7 days of delivery of the goods to you.
This right to cancel only applies if you return all the items from a single order.
The cancellation notice must be sent to:
Av. P. Catalanes 34, 8ª planta
08950 Esplugues de Llobregat
Consequences of cancellation
Once you have notified us that you wish to cancel your order, you have to return the products to us and we will provide you with a refund of the amounts paid within 30 days of receiving your notice or receiving the goods back.
Returned products must be received by us in the same condition they were received by you (and you must ensure they are shipped to us safely and securely). If the product is damaged by you while it is in your possession, or damaged during your return, we may have rights against you to compensate us for the damage. You will have to pay for the return shipping costs.
If you do not pay the postage costs then we have a right to deduct them from any refund made to you, or to charge you for them by the same payment method you used for the original order.
We will also pay (and you do not have to pay) shipping costs for returning substitute products supplied by us (i.e. that you have not ordered) or goods which are faulty or do not comply with the terms of the contract between you and us.
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8. Liability for Defects
(1) If the customer is the consumer, INDUSTEX is liable for any defects as provided for in legal provisions, provided no kind of restriction arises.
(2) The customer must point out the defects to us in writing within two weeks after they appear. If INDUSTEX is not notified within this time period, the warranty rights will no longer be valid. It will also not be valid if any defects are hidden fraudulently or if the warranty on the condition of the products is accepted.
(3) The warranty obligation does not cover the elimination of viruses, the restoration of programmes after being infected by a virus or the new installation of the units unless INDUSTEX is responsible for the virus. The warranty will no longer be valid if you do your own repairs or if repairs are done without the knowledge of the technical service (see Point 10 herein).
(4) The period of limitations for filing claims for defects after new products are delivered is two years, counting from the moment when risk is transferred. This shall not be valid if claims are filed for compensation for damages due to defects.
(5) To notify about a defect, please contact us at the following email address: Customerservice@islshop.co.uk
9. Liability for Damages
(1) Our liability due to breach of contract and tort are limited to intent and gross negligence. This does not apply to injury to the life, limb or health of the customer, any claims for infringement of contractual obligations, i.e. obligations arising from the nature of the agreement, the breach of which places the object of the agreement in danger, and compensation for damages caused due to delay (§286 Civil Code). We are liable for any level of culpability.
(2) Exemption from the foregoing liability is also applied in cases of minor breach by our agents.
(3) In a case of liability for damages when not based on damages to life, limb or the health of the customer, if slight negligence is not excluded, the statute of limitations on this kind of claim shall be one year from the date of the claim.
(4) When the liability for damages applicable to INDUSTEX is excluded or limited, this shall also apply to the personal liability of our employees, workers, collaborators, representatives and agents.
10. Technical Service
INDUSTEX or the service provider assigned by INDUSTEX makes technical service available to you. The response time can vary, depending on product location and availability. The service can be requested by telephone or on line. INDUSTEX is the owner of the merchandise exchanged, as well as all the components used during its repair. If the customer does not return the merchandise, the amount can be charged on the invoice. Merchandise repairs by third parties shall be done in accordance with the manufacturer or dealers and the manufacturer's warranty terms and conditions.
11. Liability for Force Majeure
None of the parties shall be liable for any delay or breach of obligations when they are caused by force majeure. The causes of force majeure are understood to be any unusual event that was not anticipated in the agreement and that could not be avoided when complying with the requirement of providing suitable care, such as natural phenomena, war and labour conflicts. This shall also be taken into consideration if such events occur to sub-suppliers. During the duration of the cause of force majeure, contractual rights and obligations shall be suspended. The affected party must immediately notify the other about the beginning of the cause, the reason for the delay and, subsequently, about its termination. In the event that the cause of the force majeure is extended for a continuous period of at least 6 months, both parties shall reach an agreement on further implementation of the agreement.
12. Data Protection
(1) INDUSTEX hereby undertakes to use your data (name, address, form of payment and payment information) exclusively to process incoming orders as customer information and to store them electronically. In particular, transfer of these data to third parties (e.g. parcel services and banks) shall only take place with the purpose of complying with the agreement.
13. Statement Form
(1) Pertinent statements and notifications sent directly to us by the customer or through a third person shall be sent in writing.
(2) Please send your notifications to the following address:
INDUSTEX – WEB Department
Av. P. Catalanes, 34; 8ª planta
08950 Esplugas de Llobregat
14. Customer Service Department
If you have any questions, please contact our Customer Service Department at the following email address: Customerservice@islshop.co.uk
15. Applicable Law - Jurisdiction
(1) This agreement is governed by the laws of England and both you and we submit to the exclusive jurisdiction of the courts of England in relation to any matter or dispute arising out of or in connection with this agreement or any order you place with us for goods or services.