General terms and conditions of contract.
These General Conditions of Contract - hereinafter CGC -, regulate the conditions of purchase of the different products offered on our website: www.spanishsimcard.es.
www.simcardspain.com reserves the right to modify the GTC at any time and without prior notice. The GTC will always be accessible from the website, so that the user can consult or print them at any time. The prices and conditions of sale are merely informative and may be modified in response to market fluctuations. However, placing the order by completing the purchase form implies compliance with the price offered and with the general conditions of sale in force at that specific time. Once the order has been formalized, the purchase will be understood to be perfected by right, with all the legal guarantees that protect the acquiring consumer and, from that moment, the prices and conditions will be contractual and may not be modified without the express agreement of both contractors.
Conditions revised as of December 15, 2020
Spanishsimcard.es reserves the right to deny and / or suspend access to the services provided in www.spanishsimcard.es for reasons of violation of contractual good faith, breach of the applicable legislation, these General Conditions of Purchase and / or in cases of fraud detected by this company and / or any of its suppliers.
- Delivery times vary depending on the shipment selected by the customer. We cannot guarantee these delivery times, although we try to ensure that transport companies comply with them whenever possible
- The customer will have 72 hours to check the integrity of all the components of the order and to verify that everything he owes is included in the products included. After these 72 hours the shipment will be accepted and no claims for damages or failures with the shipment will be accepted.
- An order will be considered delivered when the delivery receipt is signed by the customer, or notified by the customer who has received it. It is in the next 72 hours when the customer must verify the products upon receipt of the same and expose all objections that may exist.
- In case of receiving a product damaged by transport, it is advisable to contact us within the first 24 hours to be able to claim the incident from the transport company. In the same way it is convenient to leave a record to the transport company.
For these purposes, Spanishsimcard.es informs that the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU) establishes several options to be able to exercise the right of withdrawal. Among them, it contemplates the possibility of doing so by filling out a form electronically. In order to shorten the times and that you can make the return in a comfortable way and without delays, from Spanishsimcard.es we advise you to make use of that option and fill out the withdrawal form.
In accordance with current legislation, it may be possible to annul the contract concluded, without the need to justify such a decision and without penalty of any kind, within a period of 14 calendar days from the receipt of the goods by the customer.
The consumer shall only be liable for the decrease in value of the goods resulting from a handling of the goods other than that necessary to establish their nature, characteristics or functioning.
The right of withdrawal shall not apply to contracts relating to:
- The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by the entrepreneur, they will have lost their right of withdrawal.
- The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
- The supply of goods made according to the specifications of the consumer and user or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
- The supply of goods which, after delivery and taking into account their nature, have been inextricably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed at the time of concluding the contract of sale and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
- Contracts in which the consumer and user have specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; if, on that visit, the trader provides services additional to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to those additional services or goods.
- The supply of sealed sound or video recordings or sealed software that has been unsealed by the consumer and user after delivery.
- The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded through public auctions.
- The provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
- The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.
Once we receive the product(s), we will refund the money according to the payment method you have used:
- If you paid by card, we will make the payment to your account within 48 to 72 hours.
- If you paid for PayPal, we will credit your account PayPal.
- If you made the payment by bank transfer, we will ask you for an account number to make the payment. Keep in mind that it can take up to 48 business hours until it is reflected in your bank account.
- If you paid for financing, we will proceed to make a total or partial cancellation of the amount financed as the case may be.
- For the rest of the payment methods, we will ask you for an account number to make the payment.
You will only be responsible for the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish their nature, their characteristics or their operation.
Return conditions for private customers
- All merchandise must be returned in its original packaging and conditions, in perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the article. Otherwise , SPANISHSIMCARD.ES reserves the right to refuse the return.
- Once the withdrawal form has been completed and sent, you will receive the instructions for you to send it to our facilities in your email. You must send the goods without any delay, within a maximum period of 30 calendar days from when you communicate your desire to exercise the right.
- The transport costs caused by the return will be at your expense. You are free to choose and search for the agency that best suits your needs or offers you the most competitive rates.
- Once the merchandise has been received and verified that it is in perfect condition, the refund of the amount will be processed. We will refund the payment received, including the delivery cost with the exception of the additional costs resulting from your choice of a delivery method different from the least expensive ordinary delivery method we offer.
- Return of products with gift or promotion. The full return (full pack or item + gift) will be mandatory in order to proceed with the refund.
Return conditions for distributors
- Only returns of unsealed material in perfect condition will be accepted during the 14 calendar days after receipt.
- Existing promotions on the website that extend the delivery time of 14 days will not be applicable to distributors, who will always have a return period of 14 days.
- Such returns will be processed as commercial returns, since there is no law that regulates the rights of return between companies, and such procedures are regulated according to the conditions of SPANISHSIMCARD.ES.
- Returns of products in blister or thermoseal sealed, and other products that have a broken security factory seal will not be accepted.
- These conditions do not cancel the right of warranty or exchange of defective products. SPANISHSIMCARD.ES reserves the right to refuse the return in case any anomaly is detected in the returned product.
The warranty does not cover those defects caused by incorrect use of the product and / or handling of the same other than that necessary to establish its nature, characteristics or operation. In such cases, the consumer must take care of its repair. The following are therefore excluded from the guarantee:
- Defects and deterioration caused by external events, accidents, mainly electrical accidents, wear and tear and use not in accordance with the instructions of SPANISHSIMCARD.ES.
- Products modified or repaired by the customer or any other person not authorized by SPANISHSIMCARD.ES, as well as products that are the subject of a specific support contract.
- Incorrect software/hardware configuration, by the customer, of a computer, component or peripheral. Incorrect software/hardware configuration or breakdown in a computer caused by a component not supplied by SPANISHSIMCARD.ES and incorporated by the client.
- Infection of computer viruses, by the client, in computers, hard drives or floppy disks of drivers or additional software.
All the information related to product warranties can be found in the warranties section.
Those cancellations of orders that imply a return to the client and that are by bank transfer will have a maximum period of 30 days for administrative procedures, although we try that the term is not greater than 7 days.
Online dispute resolution in consumer matters in accordance with Art. 14.1 of Regulation (EU) 524/2013:
Private Copy Compensation System
By virtue of Royal Decree-Law 12/2017 12/2017, of July 3, which modifies the revised text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of April 12, regarding the system of equitable compensation for private copying, www.simcardspain.com will have to charge, in the appropriate cases, compensation for the sale of those non-typographic products or devices, offered for sale in www.spanishsimcard.es which, intended exclusively for private, non-professional or business use, which reproduce works (books or similar publications, phonograms and videograms) owned by third parties (publishers, producers of phonograms and videograms, performers ...).
Notwithstanding the foregoing, it is reported the existence of a system of exception and reimbursement of the payment of these compensations that is regulated in the new art. 25, point 7 and 8 of the Intellectual Property Law, modified by the aforementioned Royal Decree-Law 12/2017 that regulates the mode and requirements to justify the right to reimbursement for those natural and legal persons exempted by law and / or those who without being excepted have accredited to use the purchased product for exclusively professional use or for export or intra-Community delivery.
In this sense, those companies, professionals, freelancers and public bodies exempted in the indicated sense, must obligatorily accredit Spanishsimcard.es, through the certificates established by the Royal Decree-Law, that they are within the cases of exemption from canon to be able to apply them legally.