Terms and conditions of sale and contracting of the service
1. Price of the product or service
The service and products are offered without VAT. In the event of a typographical error in the price of the service or product or inconsistency with the collection and/or invoicing price, Customers may exercise their right to claim by filling in the contact form on our website or by e-mail to [email protected].
2. Purchase or contract process | How to buy or contract the service
Customers must choose the service in the shop section of the BERDAC website and add it to the cart. They must then enter the appropriate discount coupons, finish their purchase and pay. They can choose the form of payment from those available at that time on the website.
BERDAC also offers the option of registering and having an account where the purchase and contracting history is saved. Once registered, Customers will be able to purchase by following the same process detailed above.
3. Availability, shipping costs and deadlines
The purchase of products and the online booking of services offered on the BERDAC website are only available for the geographical area indicated on the website. Similarly, the delivery costs to which the products are subject, including those included in the service, will be indicated on the website before payment is made. Shipping costs will not exceed 20€ for national shipments to Spain (10€ for shipments to the peninsula, 15€ for shipments to the Balearic Islands, 20€ for shipments to Ceuta, Melilla or the Canary Islands), 50€ for shipments to other European Union countries, or 100€ for shipments to countries outside the European Union. Similarly, delivery times will not exceed 14 working days for domestic shipments to Spain (7 working days for shipments to the mainland, 14 working days for shipments to the Balearic Islands, Ceuta, Melilla or the Canary Islands), 30 working days for shipments to other European Union countries, or 60 working days for shipments to countries outside the European Union.
4. Transfer of risk
The risk of loss and/or damage is transferred to Customers when the goods are shipped.
5. Delivery of the goods
The product is considered as delivered when it leaves BERDAC’s warehouse (BERDAC Ex-stock). The deadlines for delivery of the material are for information purposes only and are not binding on BERDAC. Unless expressly agreed in writing with BERDAC, Customers shall not be entitled to request cancellation of an order or any compensation (including a refund of postage) in the event of a delay in delivery of the product.
6. Receipt of the goods
After contracting the IMA service, Customers will receive the following items at the address set out as the Delivery Address: one IMAdispenser unit, one IMAbase unit, 56 IMAwheel units with their corresponding sealing caps.
Every year, Customers will receive 56 IMAwheel units with their corresponding sealing caps in order to use the service correctly.
It is an essential condition that, on receipt of the goods, the delivery note indicates that the carrier is to be signed for any incident that may occur in the condition of the goods or their packaging, and that BERDAC is to be notified of such incident on our website by filling in the contact form or by e-mail to [email protected] within a maximum of 24 hours from receipt of the package. If the package shows significant damage with which it is believed that the product may have been damaged, it must be rejected and BERDAC notified immediately.
7. Return of goods | Terms and conditions of return
Customers have a period of 14 days from receipt of the product to exercise their right of withdrawal and to send BERDAC any complaints regarding the product or service supplied. After this period, the products shall be considered as being in conformity with the Customer. If there is a complaint, it must be made on our website by filling in the contact form or by e-mail to [email protected]. BERDAC shall not be held responsible and reserves the right to refuse possible returns in the event of goods in poor condition due to improper use. BERDAC shall bear the transport costs incurred in returning goods, so that Customers shall send the goods to BERDAC carriage paid and BERDAC shall return the replacement goods carriage paid. If a product is received to be replaced and its condition is verified as correct, it will be returned to Customers carriage forward.
In the case of products not included in the service contracted and acquired in the shop section of the BERDAC website, the return of material will only be accepted in the following cases:
- Defective material on receipt: If the material is defective, please fill in the contact form on our website or send an e-mail to [email protected]. Make sure you specify in the ‘Message’ section of the form that it is a return. You must then send the product to BERDAC in its original packaging.
- Defective material during service: In the event of defective material within the guarantee period, the guarantee will be accepted. Its original packaging, manuals or accessories will not be necessary.
The warranty of all our products will be that established by the corresponding current regulations at the time of purchase by Customers.
9. Repairs and replacements
Repairs to the products included in the service are included in the monthly fee for the service, provided that the faults are not due to misuse of the device as stipulated in the IMAdispenser Operating Instructions. The only product included in the IMA service that can be repaired is IMAdispenser. Under no circumstances will IMAbase or IMAwheel be repaired.
In the event of a malfunction in IMAdispenser, Customers should inform BERDAC of the malfunction by e-mail to [email protected]. The BERDAC Technical Service will contact the customer to solve the problem or to inform them of the time needed to collect their IMAdispenser or to deliver a replacement device, if necessary. BERDAC will pay for the transport costs arising from the replacement due to a fault, provided that the fault is not due to misuse of IMAdispenser or to use not described in the IMAdispenser Operating Instructions. If it is found that the fault is due to improper use of the device or use not described in the IMAdispenser operating instructions, the transport costs will be charged in full to Customers.
In the event that IMAbase is lost or broken, Customers may purchase a new unit from the shop section of the BERDAC website.
Upon receipt of the goods, Customers will receive 56 IMAwheel units per year with their corresponding sealing caps in order to use the service. If these units are required in advance, Customers may purchase packs of 4 units in the shop section of the BERDAC website.
10. Method of payment
The form of payment will be one of those available at the time of the order.
11. Return of direct debit receipts
In the event that Customers opt for direct debit as a form of payment, if a direct debit bill is returned by the bank, the BERDAC will reissue the bill after FIVE (5) working days, adding to the amount due the amount corresponding to the current fee for the returned bill that this would have caused BERDAC.
12. Cancellation or modification of orders
Once we receive an order, we proceed to execute it. From that moment on, no cancellations or modifications will be accepted. Once the goods have been delivered, Customers will have FOURTEEN (14) days to exercise their right of withdrawal, as detailed in section 7.
13. Cancellation of the service
At any time, the person who has contracted the IMA service may request to be removed, with no minimum period of stay.
The cancellation of the IMA service will not become effective until it is formalized in writing and the equipment is withdrawn or deprogrammed. If after FIFTEEN (15) days from the date of the cancellation, the equipment cannot be withdrawn or deprogrammed for reasons not attributable to either party, the cancellation will be effective from the date of the written cancellation.
BERDAC will contact Customers to arrange for the collection of the elements of the Service from Customers’ homes.
Cancellation of the service will be free of charge to Customers, provided that they send BERDAC (BERDAC Smart Services, S.L. c/Llacuna 162, 08018 Barcelona) the following items IMAdispenser, IMAbase, IMAwheel (those corresponding to the difference between the 52 weeks covered and the weeks which have elapsed since the last delivery of IMAwheel) delivered in good condition and in good working order. If any of these items are not delivered on time or are delivered in such a condition that they cannot be used again, the BERDAC will apply the following penalties on expiry of the deadline for delivery of these items:
- For IMAdispenser: 249€
- For IMAbase: 19,95€
- For IMAwheel: 3,75€ for each IMAwheel unit that should remain until the next replacement (units calculated on the basis of the weeks since the last IMAwheel was sent by BERDAC to Customers).
BERDAC reserves the right to interrupt the IMA service or to immediately terminate the relationship if it proves that the reason for the registration has ended or the use of the service is contrary to the applicable legislation in force, the general conditions or these terms and conditions of service. Likewise, BERDAC reserves the right to terminate this relationship in the event that improper use or incorrect conservation of the specific equipment for the provision of the service is detected.
Apart from these cases, BERDAC may at any time cancel the contract and suspend the provision of the Service with prior notice of FIFTEEN (15) days.
14. Resolution of conflicts
For any question related to the interpretation and/or application of this contract, the parties submit themselves to the jurisdiction of the courts of the city of Barcelona, renouncing any other jurisdiction.
15. Protection of personal data
To make a purchase on our website, personal data will be requested through the corresponding registration form. These data will be processed by BERDAC, CIF B-67350355; address calle Gabriel i Galán, núm.18, 3º 2ª y CP 08026 – Barcelona with the purpose of managing the user registration and creation of user account, and the processing and invoicing of the order of products or services from the shop section of the BERDAC website.
The basis for the processing of the data is the consent of the User expressed by checking the corresponding acceptance box and the voluntary sending of their data when completing the form.
The user is solely responsible for the accuracy of the data provided to BERDAC.
16. Payment security
In order to provide maximum security to the payment system, BERDAC uses secure payment systems from leading e-commerce financial institutions. In this respect, confidential payment data are transmitted directly and in encrypted form (SSL) to the relevant financial institution. For payment by Visa and MasterCard, BERDAC only accepts CES (Secure Electronic Commerce) transactions with the international 3D Secure protocol which is distinguished by the Verified by Visa and MasterCard SecureCode labels. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When you make a payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect to the bank that issued the card, which will request that the operation be authorised by means of a personal authentication code. The operation will only be carried out if the credit card issuing bank confirms the authentication code. Otherwise, the transaction will be rejected.
As a complementary measure to the ‘Secure Payment’ system and with the aim of collaborating in the prevention of fraud via the Internet, BERDAC reserves the right to verify the personal data provided by Customers and to take the measures it deems appropriate (including the cancellation of the order) so that the purchased goods are delivered in accordance with the data contained in the order.