Please, read this document carefully. The same contains the terms and conditions for the acquisition of the Products of ERLE through the web site www.erlerobotics.com (hereinafter, the WebSite) The access, navigation and use of the WebSite implies the express and without any reserve the acceptance of all the terms of the Conditions of Use made available on the Website. We recommend you to read the Conditions of Use thoroughly.
ERLE ROBOTICS, S.L., (hereinafter, ERLE) is a Spanish private limited liability company domiciled in Álava (Spain), Calle Venta de la Estrella 6 Pab.130, Vitoria-Gasteiz with Tax Identification Number B-01518695, incorporated in the Mercantile Registry of Alava at Volume 1.555, book 0, Folio 200, Sheet VI-16929. Contact email firstname.lastname@example.org, telephone number 0034 945 30 68 20.
The terms in capitals not be expressly defined in these Conditions of Sale will have the meaning given by ERLE in the WebSite.
Descriptions, pictures, graphic or iconographic representation and videos of the products offered on the WebSite are displayed in order to give the User all the
information required to make the purchase. In case that, by force majeure or any other event attributable to ERLE, the product is not available after the purchase being made, ERLE will inform the User by email of the total or partial cancellation of the order. Likewise, ERLE can undertake during determined periods, promotional campaigns in order to increase the members on the WebSite. ERLE informs the Buyer that certain products available on the WebSite, are considered remote controlled civil airplanes and that the Buyer has the
obligation to know and observe the applicable regulation regarding the use of these products.
The prices of the products on the website do not include VAT or any other taxes applicable. Prices also will not include the delivery expenses of the products. These, will be detailed in the payment process and have to be accepted by the Buyer before placing an order.
The acquisition of the products by the Buyer through the Website will be accomplished, selecting the product and inserting it into the “shopping chart”, providing the information to process the order and following the directions of ERLE. The order, and therefore the agreement will be formalized in the moment of the reception of the payment by ERLE. ERLE will send the User a confirmation email of the purchase, no longer than 24 hours after the reception of the payment of the price and the delivery expenses of the products acquired on the WebSite. In case of an unavailability of the product that derives in a total cancelation, ERLE will refund the total amount of the order. In case of partial cancellation, ERLE will refund only the price of the products unavailable. In the event of lack of delivery or of a cancellation of one or several products of a set of products or complementary products, the Buyer can return the rest of the products without any cost.
The Buyer can make the payment by means of Stripe and PayPal systems. Before the payment, the Buyer will have all the required information available to make the purchase decision and will have to accept the Purchase Conditions. ERLE points out that without the acceptance of the checkbox referring to the Purchase Conditions, it will not be possible to finalize the acquisition. The Buyer have to inform ERLE, as soon as possible, through the email email@example.com of any fraudulent or undue charge in the card used on the WebSite with the purpose that ERLE could undertake the actions considered appropriate. ERLE does not have access and does not keep information regarding the payment and the payment method used by the Buyer. Just the corresponding payment processing entity will have access to the payments. Once the purchase process is finishes, an electronic document, that the Buyer could print, will be generated containing the terms of the agreement. The Buyer agree with ERLE in the issuing of electronic invoices and its reception by email, without prejudice of revoking such consent at any time by contacting ERLE.
ERLE will deliver the product in perfect conditions in the address indicated by the Buyer. With the aim of optimizing the delivery process, the address provided by the User must be an address where the delivery can be made during regular working hours. ERLE will not be responsible for the mistakes in the delivery when the delivery address introduced by the Buyer does not correspond with the place the Buyer finally wants the products to be delivered to. The Buyer can choose between the most suitable delivery methods between those offered by ERLE, subjected to the payment of the amounts available to the Buyer previous to the purchase. ERLE also offers the possibility of picking up the products in ERLE’s facilities (local pickup). ERLE will inform the Buyer, before the payment, of the delivery term that will be approximately between 1 and 15 days.
If the Buyer has the condition of consumer, according to article 3 of the Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (hereinafter, LCU), the delivery is made in the moment the product is at the disposition of the consumer in the delivery place indicated by the Buyer. The risk of the products (loss, damage or theft) will be transmitted to the Buyer will be transmitted at the moment of the product has been at the disposition of the Buyer pursuant to the present Purchase Conditions. In the event that the purchaser has is not a consumer, the delivery will be made in the direction indicated by the Buyer in the purchase process and the risk of the products will be transmitted to the Buyer in the moment of the delivery.
1. (i) Right of withdrawal
In the event the Buyer is considered a consumer, he has a maximum term of 14 calendar days to total or partially exercise its right of withdrawal, according to the LCU.Once this 14 days’ terms has elapsed, ERLE does not accept returns in the exercise of consumers’ withdrawal right. The User will not have the right to withdraw the purchase agreement in the cases foreseen in Spanish consumer applicable regulation, and especially the following cases: (i) personalized products made under Buyer’s specifications, (ii) informatics programs and any king of software unsealed by the Buyer after the delivery, (iii) digital content not delivered in a physically when the execution has started. We recommend the User to read article 103 of the LCU regarding the exception to the withdrawal right. The User must bear the cost and accomplishment of the returns made in the exercising of the withdrawal right. In such respect, the User will have to: (i) notify ERLE its will of withdraw the purchase before the day 14 since delivery, (the Buyer can use the form provided by ERLE at the end of these Conditions) as well as, (ii) send the product to the address indicated at the beginning of these Conditions, within the 14 calendar days after the communication of its will to withdraw the contract. In case the Buyer is interested in ERLE colleting the retunes he have to contact ERLE with the 14 days term, and ERLE will detract the cost of collecting of the return from the refund. ERLE will previously inform the Buyer the cost of the return. The User can also exercise its right of withdrawal directly by sending the product to the aforementioned address within 14 calendar days following to the delivery date. Once ERLE has received the product, ERLE will verify the conditions of the product and make the refund according to the Spanish applicable regulation. Those not having the status of consumer will not be able to exercise this right of withdrawal.
2. (ii) Refund to the consumer
In the event of the exercise of the right of withdrawal of the precedent section (i) the consumer will have the right to the refund of the price of the products returned, provided that the products returned were in the same conditions as they were on the delivery, had not been used (apart from the use required in order to verify its suitability), washed, damaged or the requirements of the Law and of these Sale Conditions had not been fulfilled. ERLE will not make any refund until the reception of the product, ERLE will also check the conditions of the product returned, reserving itself the faculty of not making the refund in case ERLE notices that the acquired an returned products were not the same or that the return has not been made according to the Law and to these Sale Conditions. The partial return of an order will imply a partial return of the delivery expenses, which will be refunded proportionately to the value of the product returned. In the event of a total cancellation of an order by ERLE, the total amount of the order will be refunded and in case of partial cancellation, ERLE will only refund the price of the products not available. In cases of sets of products or complimentary products, the consumer will be able to return the rest of the products of the order without any cost. ERLE will managed the refund order of the price and of the delivery costs by means of the same system used by the Buyer to make de acquisition of the products, in a term of 48 hours since the confirmation of reception of the returned product to the stated address and, in any case, in a term no longer than 14 calendar days since the Buyer communicated its withdrawal, unless ERLE would not have received within that term the returned product. The application of the refund of the price and of the cost of delivery in the account or in the card of the User, will depend of the card and of the issuing entity.
The Buyer will have the right to be refunded with the amount corresponding to the price of the faulty product, the delivery expenses and the cost of de transport, when the delivered product is a faulty product or when it does not correspond with the product ordered by the Buyer. In this cases, the return of the products to ERLE can be undertaken as established in section (i) above, or contacting with ERLE in the email or telephone number available on the WebSite. In the event of a faulty product’s return or of a return of a product that does not correspond with the product requested in the order registered by the Buyer, ERLE will bear the cost of the transport of the return of the products, as stablished in section (ii) above, provided that the return is made from the same country where the delivery was made.
The products acquired by consumers have the legal guarantee for lack of conformity revealed during the 2 years after the delivery pursuant to what established in the applicable regulation. The Buyer must inform ERLE of this lack of conformity in the term of 2 months since he had knowledge of the same, according to the Royal Legislative Decree 1/2007 of November 16 for the User and Consumer Defence (Real Decreto 1/2007 de 16 de noviembre, para la Defensa de Consumidores y Usuarios). The sales to particulars or entities that are not considered consumers, will have 90 days guarantee, since the delivery. The guarantee does not include, in neither of both of the aforementioned cases, the deficiencies for negligence, hit, use, undue handling or any use not suitable for its purpose. The products modified and repaired by the Buyer will be excluded from the guarantee.
When the Buyer undertakes an order of products on the WebSite for its delivery in a country outside the European Union, he may be obliged to pay import rights and duties, which will be charged in the moment the package arrives to destiny. Any additional amount due corresponding to the custom dispatch will be bear by the Buyer. ERLE has no control over these amounts. The custom policies vary significantly from a country to another, therefore, we recommend you contact your corresponding Custom Office. Please remind that when registering an order to ERLE, formally the Law considers the Buyer an importer and must comply with all the Laws and Regulations applicable in the receiving country. We also want to remind our international Buyers that the international shipping is subjected to inspection and opening by the Custom Authorities.
Without prejudice of what established in the applicable Law and Regulations, the liability of ERLE in relation with the acquired products through the WebSite will be limited to the price of acquisition of such products. ERLE will not assume any liability derived, among others, from:
a) The use that the Buyers could make of the products acquired on the WebSite, and of the damages that the Buyer could suffer or could cause to third parties, by the use of the products acquired on the Website;
b) Of any unavailability of the systems or of the network that gives access to the WebSite;
c) The absence of conformity, beyond the guarantee granted by virtue of the present Sale Conditions;
d) Of any event attributable to the Buyer;
e) The access of minors (under 16) to the material included in the WebSite, being its parents’ or guardians’ responsibility to make an adequate control over the activity of their minors in charge or even install any control tool, in order to avoid the access to the material as well as the sending of personal data without the previous consent of the adult in charge;
f) Mistakes and delays in the access to the WebSite by the User at the time of introducing information in any form the slowness or impossibility of reception by the recipients of the confirmation order or any anomaly that could arise when this events were due to the problems of Internet, unforeseen
circumstances or force majeure and any other contingency unforeseeable, outside of ERLE’s good’s faith;
g) The information, data or comments introduced in the WebSite by the Users in the sections provided to such aim, not being liable of the same and if those infringe the rights of third parties or are obscene, racists, pornographic or threaten the security or are offensive to third parties. Notwithstanding, ERLE ask the Users to inform of this kind of content, in order to be deleted immediately;
h) Defaults or incidences that could be produced in the communication, deletion or incomplete transmission, so that the operability of the WebSite is not constantly guarantee.
i) The mistakes and damages produced to the WebSite because of an inefficient use or bad faith of the User.
j) The no operability or problems in the email address provided by the User the sending of the confirmation order.
ERLE will sort out the problems that may arise and offer the User all the required help in order to reach a rapid and satisfactory solution of the incidences of the WebSite. The Buyer, will, compensate, defend and keep ERLE harmless of any claim or damage that may arise from the breach by the Buyer of the Law or of the present Sale Conditions.
In the case that any section of the present Sale Conditions will be declared void and null the rest of the sections will be in force and interpreted considering the will of the parties and the aim of the Sale Conditions. The non exercising by ERLE of any right derived from these Sale Conditions does not imply the waiving of such right, unless expressly declared in writing by ERLE or prescription.
The present Sale Conditions are governed by the Spanish Law, being the application of the United Nation Convention regarding the international sale of Goods not applicable. Both parties agree to summit themselves to the non- exclusive jurisdiction of the Courts of Vitoria (Spain), which means that the User could claim its right as consumer in relation to these Sale Conditions not only in Spain but also in its Member State of residence, provided that the User has the status of “consumer” according to the 1999/44/CE Directive. The consumer can contact ERLE as demand any claim form, in the corporate address indicated above.