1.- Introductory information
The present general conditions for online contracts (hereafter, the general conditions of purchase) in conjunction with any other specific contractual agreements, if and where appropriate, govern the relationship between the company FUTURE MAGNETICS, S.L.U. and third parties (hereafter, the clients) who purchase products that are offered in the ONLINE SALES webpage www.coolgap.net.
The present general conditions neither set aside, nor modify the general sales conditions of the Grupo FUTURE MAGNETICS that are published in its webpage but complement them.
The identification details of the company responsible for the ONLINE SALES webpage are as follows:
- FUTURE MAGNETICS, S.L.U. (hereafter, the entity or “FUTURE MAGNETICS”)
- Tax number: B93515302
- C/ Severo Ochoa, 47 – Parque Tecnológico de Andalucía, 29590 Campanillas (Málaga)
- Registration data: Registro Mercantil de Malaga, Tomo 5576, Folio 101, registred in MA-137323.
The present general conditions comply with the provisions of the Law 34/2002, of 11 July, on services in the information society and on electronic commerce, Law 7/1998, of 17 April, on general conditions of contracts, Royal Decree 1906/1999, of 17 December, on contracts concluded by telephone or other electronic means subject to general conditions, implementing article 5(3) of the Law 7/1998, Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law on the Protection of Consumers and Users and other complementary regulations, Law 7/1996, of 15 January, on retail commerce, Royal Decree-Law 14/1999, of 17 September, on electronic signature, and with any other applicable legal provision.
The online purchase of any product is subject to the acceptance of the present general conditions of purchase and to the express, full and unconditional acceptance of all general sales conditions published by FUTURE MAGNETICS and the conditions applicable to the use of the service at the time the client accedes the webpage.
Orders may be placed in English.
In case the client agrees to the present general conditions of purchase, he must click on the button “I accept the present general conditions of purchase”. Otherwise, he will not be able to complete his purchase.
2.- Nature of the ONLINE PURCHASE webpage
The client declares that he or she is either an entity with legal capacity, or a natural person of legal age (or an emancipated minor) and that he or she has the legal capacity to conclude contracts and to execute the present general conditions of purchase with FUTURE MAGNETICS. Nonetheless, the client accepts expressly and unconditionally that he or she is solely and exclusively responsible for his or her access and use of the ONLINE SALES webpage.
FUTURE MAGNETICS reserves the right to modify unilaterally at any time and without prior notice the presentation and structure of the ONLINE SALES webpage, and to suspend temporally or permanently access to the webpage.
3.- Operational Management of ONLINE SALES
3.1.- Proceedings to be followed for any purchase
FUTURE MAGNETICS informs that the obligatory proceedings for any purchase of products are displayed in the present general conditions of purchase, as well as in any other proceeding set forth during the purchase process.
3.2.- Products and prices
The purpose of FUTURE MAGNETICS online sales is the sale of certain FUTURE MAGNETICS materials, specifically materials related to the design technology of plastic reels and heat conductive plastic, COOLGAP, which allow cooling through a coolant that passes through it for application in magnetic power components used in power converters, for the industrial energy sector, the automotive sector, etc.
This sale is made through the portal www.coolgap.net via internet.
FUTURE MAGNETICS reserves the right to modify unilaterally at any time and without prior notice the prices of materials and to suspend or cancel sales temporally or permanently.
Prices of products displayed on the webpage do not include the VAT or any other tax. Likewise, prices do not include shipping costs for products.
At the end of the purchase process, the VAT, other taxes, if and where applicable, and shipping costs will be added to the price.
3.3.- Purchase of the product
FUTURE MAGNETICS ensures the existence of all products offered in the webpage.
According to the pre-established purchase process, the client selects by marking the desired products. He will have to identify himself subsequently by providing the personal data necessary for the purchase. The process finishes by indication the data of his credit or debit card.
3.4.- Delivery of the product
The following shipping times and costs are shown here as a mere indication:
|Rest of the world||2-10 days|
*Online orders placed before 10 a.m. will be delivered within 24 hours. Online orders placed after 10 a.m. will be delivered within 24 – 48 hours.
3.5.- Shipping costs
Shipping costs will be added to the price of the product; shipping costs must be clearly and visibly identifiable at the time of the purchase.
Shipping costs vary depending on the modality chosen for the delivery service, normal or urgent, and depending on the size of the product.
The following shipping costs are shown here as a mere indication:
|Europe||The Americas||Rest of the world|
3.6.- Place of execution of the contract
The purchase is understood to be executed at the place of residence of FUTURE MAGNETICS.
As stipulated in article 4 of Royal Decree 1906/1999, of 17 December, on electronic contracts, the client is given a period of 7 business days as of receipt of the product to cancel without penalty the contract.
Notice of the cancellation can be given to FUTURE MAGNETICS within said time period of 7 days by e-mail sent to email@example.com .
Shipping costs incurred for the delivery and, where appropriate, return of the product will not be reimbursed to the buyer.
5.- Invoicing and payment
It is herewith announced to the benefit of those clients who need an invoice for the purchase made, that according to Royal Decree 1496/2003, of 28 November, approving the Regulation on invoicing obligations, the deadline for producing the invoice is on the 16th day of the month following the relevant purchase.
The user undertakes to pay at the time he or she places the order. VAT and any other tax, if and where applicable, and the corresponding shipping costs will be added to the initial price displayed on the webpage for each of the products. Such shipping costs will be revealed to the client before his purchase is executed.
The client must pay the amount that corresponds to his order by PayPal, credit card, or bank transfer. In case the point of sale system (PSS) informs that the payment is rejected, the order will be automatically canceled and the client will be duly informed online about this event.
Payment may be made by means of credit or debit cards VISA, MASTERCARD, MAESTRO, DINERSCLUB, JBC, DISCOVER, UNIONPAY, PAYPAL and bank transfer.
To proceed with payment, the client must execute each and every instruction on his screen, providing the following information about the card: a) type; b) number; c) expiration date; d) CVV; e) name and surname of the cardholder. FUTURE MAGNETICS. guarantees the safety of the transaction, as it is equipped with the latest technological standards for security protocols and services at the date of the operationalization of the SALES ONLINE webpage.
It is herewith announced to ensure greater security, that bank data shall not be registered in any computer application pertaining to FUTURE MAGNETICS and shall only be used for the payment processes by the bank.
The information about the purchase shall be kept for a 7 years period. The client is entitled to get information about the details of his or her purchases upon request, provided the mentioned 7 years period has not elapsed.
6.- Force majeure
Force majeure includes, but is not limited to: (i) any event that is impossible to foresee, or which being foreseen or foreseeable, is unavoidable, (ii) errors in acceding to the different webpages appertaining to FUTURE MAGNETICS, (iii) power supply failures and cuts of telephone line, (iv) damage caused by third parties, or attacks on the portal server (virus) having an impact on the quality of the services without being attributable neither to FUTURE MAGNETICS, nor to the user, (v) errors in the transmission, dissemination, storage or delivery of the products or contents of the portal to third parties, (vi) problems or errors with regards to receiving, obtaining or acceding on the side of third parties, (vii) fire, (viii) floods or earthquakes, (ix) strikes or labour conflicts and any other type of social unrest preventing the delivery of products and, consequently, compliance of the obligations accepted by FUTURE MAGNETICS, (x) shortage or non-availability of fuel or electricity, (xi) accidents, (xii) wars, (xiii) commercial and similar embargoes, (xiv) blockades, (xv) riots, or (xvi) any governmental decision. Administrative and managerial errors are not considered force majeure.
7.- Data protection
In accordance with current legislation, the personal data of users will be processed in order to manage, in the broadest sense, the online purchase of products through www.coolgap.net, as well as the rights and obligations arising therefrom.
The personal data processed by FUTURE MAGNETICS will be those provided by the user when completing the registration required to make the purchase, and all those provided during the course of the purchase.
The personal data to be processed will be those provided at the time of registration and at the time of the online purchase:
- Identification data: name and surname, company name, country, address, province.
- Contact details: phone number, email address.
- Economic, financial and insurance data: bank details.
The legal basis for the processing is the fulfilment of the legal and contractual obligations involved in the online purchase. Personal data will be kept until the legal limitation periods have elapsed.
We also consider that there is a legitimate interest of the consumer to use their personal data to send them advertising of the brand. To this end, the data will be kept until such time as the user expressly communicates their wish to revoke it.
The data will not be communicated to third parties, except for legal obligations.
The user guarantees the veracity of the data provided and undertakes to inform the company of any modification of the same so that it can always keep them up to date.
The interested party may exercise their rights of access, rectification, deletion, portability, limitation and opposition by means of addressing a message to FUTURE MAGNETICS at its e-mail address firstname.lastname@example.org, or by mail to FUTURE MAGNETICS calle Severo Ochoa, 47, 29590 Campanillas (Málaga), with the following reference: “Exercising rights under the Data Protection”.
8.- Written confirmation of the executed contract
FUTURE MAGNETICS shall send by telematic means, via e-mail, to the client upon completion of the purchase the confirmation of the contract entered into with all its terms. This will be done in the shortest possible time frame and in any case within 24 hours of completion of the purchase process.
Likewise, an e-mail will be sent to the buyer informing about the delivery of the purchased product to the transport company.
9.- Loss, theft or larceny
Loss, theft or larceny of the product is the sole responsibility of the client and FUTURE MAGNETICS is released of any liability in this context.
10.- Applicable law and jurisdiction
The present general conditions of purchase shall be subject to and construed in accordance with the legislation of Spain.
For any dispute arising from the existence, access, use or content of the general conditions of purchase, both the client and FUTURE MAGNETICS undertake to submit to the jurisdiction and to the exclusive competence of the Courts and Tribunals of Malaga, renouncing explicitly to any other jurisdiction that they may use.
Acceptance by the client of the present conditions of purchase is an unavoidable and compulsory condition precedent. The client declares under his or her own responsibility to have read and accepted the present general conditions of purchase.