GENERAL TERMS AND CONDITIONS OF CONTRACT

IDENTIFICATION

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE for its initials in Spanish), you are informed that this website, as well as the online shop, are owned by CORPORACIÓN EMPRESARIAL ALTRA, S.L. (hereinafter ALTRA CORPORATION), a Spanish company with registered office at Calle Marie Curie No. 21, CP 29590 Campanillas, Malaga; with Tax Identification Number: B92611102; registered in the Malaga Companies Registry, Volume 3745, Book 2656, Folio 140, Sheet MA-75590, Entry 4; telephone number: +34 900 400 445; and email: lopd@altracorporacion.es.

APPLICABLE LEGISLATION

These General Terms and Conditions of Contract (hereinafter “General Terms and Conditions”), have been drafted in compliance with the provisions of the following legislation, among others:

  • Law 7/1998, of April 13, on General Terms and Conditions of Contract;
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce;
  • Regulation (EU) No 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), which came into effect in May 2016 and shall be applicable from May 2018.

This text, written in English, is the framework for the General Terms and Conditions that will govern the sales process.

LEGAL CAPACITY

For the User to hold the status of Client, he/she much act in his/her capacity as a professional, business person or legal person, and have the legal ability to be bound by these General Terms and Conditions. In the event that these two conditions are not met, purchases cannot be made through this website.

During the purchase process, the Client must fully and unreservedly accept the General Terms and Conditions of sale, which will always be included for acceptance prior to finalizing the purchase, as well as in the confirmation process of the purchase, so that they may be saved by the Client for reproduction when necessary.

INFORMATION ABOUT THE PURCHASE PROCESS

To make an online purchase through our website, the Client must follow the following process:

  1. The Client must select the product or products he/she wishes to purchase.
  2. After selecting each product, the Client should click on “Add to Cart”, which will add the product to his/her shopping cart. The Client may continue to add more products to his/her shopping cart if desired.
  3. Once the Client has finished selecting products, there will be a summary identifying the item or items selected.
  4. To finalize the purchase, the Client must identify themselves with the User account data.
  5. The Client must choose the form of payment for his/her order from among those offered by ALTRA CORPORATION.
  6. The Client must also select between the different delivery options.
  7. During the last step a summary of the selected items will appear with a total price and shipping costs, and the General Terms and Conditions of Contract must be accepted before proceeding to payment.
  8. Once the ordering process has been finalized, a confirmation screen will appear detailing the order details and including the General Terms and Conditions of Contract so that the Client may save this document if so desired.
  9. During the purchase process, the Client may amend or correct the data entered by accessing the corresponding window.

PRICE AND FORMS OF PAYMENT

The prices listed for our products are in euros and include tax. When placing an order, the Client can choose between the following forms of payment in order to pay for the purchases made:

  • Credit card / debit card (VISA, MASTERCARD, MAESTRO): When using this form of payment, ALTRA CORPORATION does not collect or handle any data relating to the Client's card number. All data are processed directly by the corresponding financial entity, and this option thus offers the Client the greatest security and confidentiality in the transaction.
  • Bank transfer: By bank transfer to the following account number:

    Bank UNICAJA BANCO, S.A. (BIC/SWIFT: UCJAES2MXXX)
    Account number: ES85 2103 0227 2600 3000 5312
    Payee: ALTRA CORPORATION
    Concept: Quote the order reference number.
    The shipment of the order will take place once the amount has been credited to ALTRA CORPORATION's account. If payment for the order does not occur within 5 working days from the date of the order, the order shall be deemed canceled.

DELIVERY TIMES

The delivery time will depend on the delivery location indicated by the Client. Therefore, in each purchase process, once the products to be purchased have been selected and the delivery address has been entered, the estimated delivery time will be calculated and may be viewed by the Client.

SHIPPING COSTS

Shipping costs will depend on the delivery location. Therefore, once the products to be purchased have been selected and the delivery address has been entered, the amount to be paid in shipping costs will be calculated and may be viewed by the Client.

CANCELLATION

The Client may cancel purchases made for a period of 15 days from receipt of the goods. The cost of return in this case shall be paid by the Client. The Client should manage the cancellation process through his/her private User area. Once the goods have been received and are verified to be in perfect condition, ALTRA CORPORATION shall refund the full amount.

RETURNS IN THE EVENT OF A DEFECTIVE PRODUCT DURING THE WARRANTY PERIOD

In the event that the product is defective and is within the warranty period, the Client may return it together with all its accessories. In this case, ALTRA CORPORATION shall pay the shipping costs that are generated by the delivery of the product and its return. ALTRA CORPORATION will proceed to re-send the repaired or replaced product free of charge.

ALTRA CORPORATION will provide the Client access to its transport company for the collection of the goods free of charge. If the Client wishes to return the goods using a different transport company from the one proposed by ALTRA CORPORATION and the company chosen by the Client is more expensive, the Client must pay the difference between the two transport costs.

In the event that the Client has returned a product based on an alleged defect or error in the goods, but in the end it is determined that there is no defect or error, the cost of the return shall be paid by the Client.

The Client must manage the return process through his/her private User area.

WARRANTY

All products are covered by the manufacturer's warranty. Therefore, as a general rule, the warranty period will be the same as the period of time specified by the manufacturer.

The warranty does not cover damage caused by misuse or normal wear and tear, or defects caused by negligence, knocks, improper use or handling, storage in inadequate conditions that may damage the product, such as extreme temperatures or humidity, unsuitable voltage, electrical incidents, improper installation and/or use that was not carried out by the authorized Technical Service when appropriate, nor materials subject to wear and tear through normal use. The warranty will be void for any products modified or repaired by the Client or any other person not authorized by the manufacturer or supplier.

Repair or replacement of defective products will be free of charge, including the costs incurred to remedy the goods’ lack of conformity with the contract, especially the shipping costs, as well as costs related to manual labor and materials.

In absence of proof to the contrary, it shall be understood that the products are in compliance with the purchase, provided that they comply with the following requirements:

  1. They conform to the description given by the seller and possess the qualities of the product that the seller has reported to the consumer and user in the form of a sample or model.
  2. They are fit for the purposes for which ordinarily products of the same type are used.
  3. They have the usual quality and performance that the consumer and user can reasonably expect for a product of the same type, given the nature of the product.

CUSTOMER SERVICE AND TECHNICAL SUPPORT

ALTRA CORPORATION provides the Client with a contact channel to address requests and consultations related to the products purchased on the website, through the User's private area.

PROCESSING PERSONAL DATA

In compliance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as well as in compliance with applicable national regulations regarding data protection, information about the following points related to the processing of personal data through this website can be found below.

Data Controller and recipients of the information

We inform you that the personal data provided by the Client will be processed by ALTRA CORPORATION, with registered office at Calle Marie Curie No. 21, CP 29590 Campanillas, Malaga; with Tax Identification Number: B92611102; telephone number: +34 900 400 445; and email: lopd@altracorporacion.es.

The personal data collected shall be given only to the transport company responsible for managing the delivery of the orders. Furthermore, we inform you that the processing of information does not involve international transfer of data.

The purpose of information processing

Below we inform you about the purpose of information processing in the various cases in which the Client provides us with personal data:

  • User registration: The data provided in the process of User registration will be processed in order to identify the User in the different services offered through the website.
  • Online purchase process: The data collected in the online purchase process will be used with the aim of managing the delivery of the purchased products.
  • Sending informative communications: In cases in which the person concerned has given their consent, the data will be used for sending informative communications about our products and services.

Nature of the data processed

The information collected is limited to identifying data, data relating to commercial activity and data relating to the products purchased through this website.

Veracity of the information provided

All information provided by the Client must be truthful and accurate. To this end, the Client guarantees the authenticity of all data provided through filling out the corresponding forms. Similarly, it is the Client's responsibility to keep all information provided to ALTRA CORPORATION up to date, so that it always corresponds to reality. In any case, the Client shall be solely responsible for any false or inaccurate statements he/she makes, and any damage caused to ALTRA CORPORATION or third parties due to the information provided.

Lawful basis for processing data

The lawful basis for processing data is the User’s own consent and acceptance in each of the sections in which personal data are collected. The User has the right to withdraw consent at any time, but this will not affect the legality of data processing based on consent prior to its withdrawal.

Data Retention

  • User registration: The information will be retained indefinitely unless the User requests that his/her data be deleted from our User register, in which case we will proceed to immediately remove the information related to that User.
  • Online purchase process: The information will be stored during the legal term for data retention according to the provisions of the Civil Code.
  • Sending informative communications: Data will be kept indefinitely, unless the interested party expresses his/her opposition to the receipt of these communications.

Exercise of rights

The User has the right to access his/her personal data, as well as to request rectification of inaccurate data or, as the case may be, request their deletion if, among other reasons, the data are no longer necessary for the purposes for which they were collected. The User may also request a restriction to the processing of his/her data, in which case ALTRA CORPORATION will only retain the data for the exercise or defense of claims. In certain circumstances and for reasons related to the particular situation, the User may object to the processing of his/her data. In this case, ALTRA CORPORATION will stop processing his/her data, except for lawful reasons, or for the exercise or defense of potential claims. Lastly, we inform you of your right to data portability according to the provisions of the GDPR, which allows the User's data to be provided to a Data Controller indicated by the User. To exercise these rights the User can opt for any of the following channels:

In cases in which the User considers that during the processing of data by ALTRA CORPORATION his/her data protection rights have been infringed, and especially when the User has not been able to exercise his/her rights, the User may submit a complaint to the competent Data Protection Controlling Authority.

Information security

ALTRA CORPORATION uses suitable current technology to protect your data and personal information. Our website is hosted by secure servers protected against the most common types of attack. However, you are reminded that no technology is completely immune to attacks and therefore all available measures to protect your data should be taken, and in particular we recommend that in the process of User registration you should use strong passwords with at least 8 characters that include numbers, uppercase and lowercase letters, and special characters. We also recommend that passwords be modified periodically (minimum once a year) and whenever there is any possibility that a third party may have access to them.

ALTRA CORPORATION has adopted the necessary technical and organizational measures to ensure the security of personal data and avoid their alteration, loss, or unauthorized processing or access, given the current state of technology, the nature of the stored data and the risks to which they are exposed. This is in accordance with the provisions of Royal Decree 1720/2007, of December 21, which approves the Regulation implementing the Organic Law on the Protection of Personal Data.

GOVERNING LAW AND JURISDICTION

The parties are subject to Spanish law for the resolution of any conflict that may arise. The parties are subject to the courts and tribunals of the city of Malaga, expressly waiving any other jurisdiction.

Date of the last update: 01-24-2018