1. Prior information and identification
In compliance with the duty to provide information set out in Spanish Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), it is hereby stated that the owner of this online shop is:
- Owner: NICOLAS3000 S.L.
- Tax ID: B24949547
- Registered address: Carretera del Higuerón, 57 11300 La Línea de la Concepción, España
- Telephone: +34 644 763 247
- Email: [email protected]
These General Terms of Sale govern the distance sale relationship between NICOLAS3000 S.L. (hereinafter, “the SUPPLIER”) and the customer or user (hereinafter, “the USER”) through the website terrakmachinery.com, by which a product or service is delivered in exchange for a set, publicly displayed price.
2. Subject matter and acceptance
The purpose of these terms is to govern the purchase of the products offered on the website. Placing an order, whether as a registered user or as a guest, means that the USER has read and expressly and unreservedly accepted these legal terms. No stipulation made by the USER may differ from those of the SUPPLIER unless it has been expressly accepted in writing and in advance.
The SUPPLIER reserves the right to amend these terms at any time, and to update or remove information, prices and promotions, without this affecting goods or promotions purchased beforehand. The contract is formalised in Spanish.
3. Products, information and availability
Product photographs, images and specifications are indicative and serve as a reference, so they may not correspond exactly to the final product. The definitive conditions are confirmed in the quotation or in the order confirmation. Offers are subject to stock availability; if a product is unavailable after an order has been placed, the USER will be informed and offered a refund of the amounts paid.
The SUPPLIER is not liable for misuse of the products purchased, for technical problems outside the company, or for errors or omissions originating in information supplied by external sources.
4. Prices and taxes
Prices are expressed in euros. Unless stated otherwise, they do not include VAT, which is calculated and displayed before the purchase is completed. The price in force at the time the order is placed will apply. Transport, shipping or installation costs, where applicable, are shown separately before the order is confirmed.
5. Payment methods
The USER may pay for an order by the following means:
Bank transfer or deposit
The order will not be processed until the amount is received. The SUPPLIER may cancel the order if payment is not received within the estimated period. The transfer details are:
- Account holder: Nicolas 3000 S.L.
- IBAN: ES6800492473382014843002
Once the transfer has been made, a copy of the receipt must be sent to [email protected] stating name, surname and order number. No proof of payment will be accepted unless it includes the company’s account number.
Credit or debit card
After confirming the purchase, the USER is automatically redirected to the secure payment gateway (the bank’s server over an encrypted HTTPS connection), where the card details are entered. At no point does the SUPPLIER store full card details. Non-payment will result in the immediate suspension of the supply or service.
6. Shipping, delivery and transfer of risk
Shipments are made to the territory indicated during the purchase process. Given the nature of the machinery, transport may require specific conditions and carriage charges depending on the destination, which are confirmed for each order. Delivery times are indicative and are set out in the order confirmation. We recommend checking the condition of the product on receipt and recording any incident on the carrier’s delivery note. In sales to consumers, risk passes on delivery of the product.
7. Right of withdrawal and commercial return (30 days)
A USER acting as a consumer may return any product by withdrawal (a change of mind, or because the product is not to their liking, even where it matches the description and the photographs) within 30 calendar days of receipt, thereby exceeding the legal minimum of 14 days laid down in Royal Legislative Decree 1/2007. If the last day falls on a public holiday, it is enough to record the intention to return the product by email.
Procedure:
- Send the withdrawal request together with the invoice to [email protected].
- The SUPPLIER will contact the USER to confirm acceptance and provide the delivery address.
- The USER must deliver the product within a maximum of 14 days from that acceptance.
Condition of the return: the product must be in the same condition in which it was sent (unused), in its original packaging and fit to be sold as new, with all its components, cables, accessories and manuals. Any missing component will give rise to a replacement charge payable by the USER. If these conditions are not met, the product will be returned to the USER and the return will not be accepted.
Refund: made through the same payment method used, within a maximum of 5 days from receipt of the product in perfect condition. Only the price of the product is refunded, not the associated services (insurance, shipping costs or payment method fees). Return shipping costs and payment method fees are payable by the USER. Where free shipping was given and the goods are returned, the corresponding shipping costs will be deducted from the refund.
The right of withdrawal does not apply to purchases made by companies or professionals, nor in the cases excluded by article 103 of Royal Legislative Decree 1/2007 (for example, goods made to the customer’s specifications or clearly personalised).
8. Return for faulty delivery or transport damage (48 hours)
Where the product does not correspond to what was ordered, has been damaged during shipping or does not work properly, the USER must report this within 48 hours of receipt, by writing to [email protected] or calling +34 644 763 247.
Within that 48-hour period the following documentation must be provided:
- A photograph of the damage.
- A photograph of the box and the packaging.
- A photograph of the parcel label (essential).
Without this information the carrier will close the claim. It is also essential to record the damage on the carrier’s delivery note at the moment of receipt.
Procedure: the SUPPLIER will arrange collection from the USER’s address and the dispatch of the correct product, providing updates by email throughout the process. All collection and redelivery costs are borne by the SUPPLIER. Should the USER choose to withdraw rather than receive the correct product, section 7 (commercial return) will apply, with the cost of the collection already carried out deducted.
9. Warranty
The SUPPLIER sells both new machinery and products and used or refurbished ones, with the corresponding warranty applying in each case:
- New products: the 3-year legal guarantee of conformity from delivery, laid down in Royal Legislative Decree 1/2007 for sales to consumers.
- Used or refurbished products: a 1-year warranty from receipt, extendable to 2 or 3 years at additional cost (ask our sales team).
In sales to companies and professionals, the warranty will be the one agreed and, failing that, the one laid down in the Spanish Commercial Code. A copy of the invoice must be enclosed in order to process any warranty claim.
Excluded from the warranty are products damaged by external events, accidents, misuse, lack of maintenance, failure to follow the instructions or changes in electrical voltage occurring after delivery, as well as faults caused by incorrect installation or configuration or by an external component. The warranty likewise does not cover normal wear and tear from use.
Transport costs for sending the product to our premises are payable by the USER; the cost of redelivery from our premises is borne by the SUPPLIER.
10. Storage time for goods
Once a return has been processed and settled with a credit, and while the goods are awaiting collection, the SUPPLIER offers 2 months of free storage at its premises. After that period a charge of €1.50 per day applies for storage and safekeeping, up to a maximum of 6 months from the settlement of the return. If 6 months pass without any notice from the USER, the goods will be sent for recycling and the USER will forfeit the right to any subsequent claim over them.
11. Liability
TERRAK Machinery is liable for any loss or damage the USER may suffer as a result of a breach of these terms, on the terms provided by law. It will not be liable for incidents arising from improper use of the products, technical problems outside the company, damage caused by unlawful interference beyond its control, or events of force majeure.
12. Intellectual and industrial property
All the contents of the website (texts, logos, images, databases, software and source code) belong to NICOLAS3000 S.L. or to the third parties who have authorised their use, and are protected by intellectual and industrial property legislation. Their reproduction, distribution or transformation without express authorisation is prohibited.
13. Data protection
The personal data provided is processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Spanish Organic Act 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD). The USER is responsible for the accuracy of the data provided and, where applicable, for the safekeeping of their access credentials, and must immediately report any loss, theft or unauthorised access. For more information, see our Privacy Policy, which forms an integral part of these terms.
14. Applicable law and dispute resolution
These terms are governed by Spanish law. In contracts with consumers, the competent jurisdiction will be the one determined by consumer protection legislation (generally, that of the consumer’s domicile); in contracts with companies, the parties submit to the Courts and Tribunals of the owner’s domicile.
Under Regulation (EU) 524/2013, the European Commission provides consumers with an online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.
15. Amendment of these terms
TERRAK Machinery may unilaterally amend these terms at any time, without this affecting goods or promotions purchased beforehand. The terms in force and published on the website at the time the order is placed will apply.