GENERAL TERMS AND CONDITIONS

This contractual document will govern the contracting of products and services through the website https://helion-tools.es, owned by HELION TOOLS SL, hereinafter PROVIDER.

Acceptance of this document implies that the USER:

- Has read, understands and comprehends what is set forth herein.
  Is a person with sufficient capacity to contract
 Assumes all the obligations set forth herein

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is HELION TOOLS SL, with registered office Polígono Industrial Bufalvent Nave 13, Carrer de Miquel Servet, 37 - 08243 MANRESA (Barcelona), NIF B62701818 and customer service / USER telephone number 938770869

On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Subject matter of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

Procurement procedure

The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of these or of possible access by an unauthorized third party, so that it proceeds to immediate blocking.

Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Order shipment.
3. Right of withdrawal.
4. Claims.
5. Force majeure
6. Competition
7. General information about the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts
11. Purchase process
12. Warranties that apply
13. Warranties and return
14. Applicable Law and Jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ORDERS DELIVERY

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipments of goods will usually be made by UPS (outside the peninsula) and Nacex (peninsula) according to the destination freely designated by the USER.

Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

The delivery time is usually between 19hr and 48hr on working days, depending on the destination population and the method of payment chosen. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
The delivery time varies according to the type of courier chosen by the client:
National: Delivery in 19hr approx.
Export: Global Express (delivery 1-2 days) or Standard Service (delivery 3-4 days)

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects that the product or service presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return the product (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal shall not apply in the following cases:

1. If the product is not in perfect condition.

2. If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.

3. When the product is open without being able to prove that it has not been used.

4. When they are personalized products or those which, due to other legally established exceptions, are not susceptible to this right.


All returns must be communicated to the PROVIDER, by email to info@helion-tools.com, indicating the invoice or order number.

The USER will send the product to the PROVIDER, indicating the invoice or shipping number, with the transport costs at his expense, at the address of HELION TOOLS SL, Polígono Industrial Bufalvent Nave 13, Carrer de Miquel Servet, 37 - 08243 MANRESA ( Barcelona).

4. CLAIMS

Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

Postal: HELION TOOLS SL, Polígono Industrial Bufalvent Nave 13, Carrer de Miquel Servet, 37 - 08243 MANRESA (Barcelona)
Phone: 938770869
Mail: info@helion-tools.com

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/


5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The fulfillment of the obligation shall be delayed until the cessation of the case of force majeure.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations as in the contract sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of HELION TOOLS SL or stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the offered products. These modifications will also be valid in the event that, for any reason, the product supply is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product do not include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he has informed at the time of placing the order. This invoice will be sent to the email address provided by the USER.

For any information about the order, the USER may contact the PROVIDER through the customer service telephone number +34 93 877 08 69 or via email to the address ventas@helion-tools.com.

9. TRANSPORTATION COSTS

Prices do not include shipping or communication costs, installation or complementary services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated according to the weight of the products and the delivery address.

The transportation rate applied is as follows:

Península 7,95€
Islas Baleares 10,00€
Catalunya 5,93€

For shipments outside the peninsula is calculated by volume / weight / country of destination. Through the following link you can check the shipping rates to different countries inside and outside the European Union: www.tarifatransporteexportacion.com

10. PAYMENT TERMS, CHARGES AND DISCOUNTS

The PROVIDER enables the following ways to pay for an order:

Bank Transfer
Bank draft
Bank cheque
Promissory notes
Confirming
Credit card for purchases through the online store


11. PURCHASE PROCESS

Basket (budget simulation)

You can add any product from our catalogue to your basket. In the basket, you will only see the items, quantity, price and total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization:

1. - Verification of billing data.
2. - Verification of the shipping address.
3.- Selection of the payment method.
4.- Place the order (buy)

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

Orders (purchase requests)

The system will immediately send to the USER's email a confirmation of receipt of the order and within a maximum of 24hrs, on working days, an email will be sent confirming the status of the order and the shipping date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original. They all have a two-year guarantee period, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. WARRANTIES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:

I. Conformity of products with the contract

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:

a. They conform to the description made by HELION TOOLS SL.

b. Are suitable for the uses to which products of the same type are ordinarily destined.

c. They are suitable for any special use required by the client when it has been made known to HELION TOOLS SL at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.

c. They are suitable for any special use required by the client when it has been made known to HELION TOOLS SL at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.

e. HELION TOOLS SL describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public statements.

2. The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been performed by HELION TOOLS SL or under its responsibility, or by the USER when the faulty installation is due to an error in the installation/handling instructions.

3. No liability shall be accepted for any lack of conformity which the USER is aware of or could not have been unaware of at the time of concluding the contract or which originates in materials supplied by the USER.

II. PROVIDER'S LIABILITY

HELION TOOLS SL will respond to the USER for any lack of conformity that exists at the time of delivery of the product. HELION TOOLS SL recognizes the USER the right to repair the product, its replacement, price reduction and termination of the contract.

III. Repair and replacement of products

1. If the product does not conform to the contract, the USER may choose between demanding the repair or replacement of this, unless one of these options is impossible or disproportionate. From the moment the USER communicates to HELION TOOLS SL the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases where the repair or replacement fails to bring the product into conformity with the contract.

2. Any form of remedy which imposes costs on HELION TOOLS SL which, in comparison with the alternative form of remedy, are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be deemed to be disproportionate.

IV. Rules for the repair or replacement of the product

Repair and replacement shall conform to the following rules:

a) They shall be free of charge for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.

b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.

c) The reparation suspends the calculation of the periods referred to in article VII. The suspension period will start from when the USER places the product at the disposal of HELION TOOLS SL and will conclude with the delivery of the repaired product to the USER. During the six months after delivery of the repaired product, HELION TOOLS SL will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) The replacement suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.

e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or the termination of the contract in accordance with the terms of Article V.

f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits set out in Article IV.2, or a price reduction or termination of the contract in accordance with the terms of Articles V and VI.

V. Price reduction and termination of the contract

The price reduction and termination of the contract shall proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. Termination shall not be applicable when the lack of conformity is of minor importance.

VI. Price reduction criteria

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.

VII. Deadlines
HELION TOOLS SL is liable for any lack of conformity that becomes apparent within two years of delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. .

2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.

3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.

4. The USER must inform HELION TOOLS SL of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.

VIII. Action against the producer

When the USER finds it impossible or an excessive burden to contact HELION TOOLS SL for lack of conformity of the products with the purchase contract may claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the cessation of the producer's liability, under the same terms and conditions as those established for HELION TOOLS SL, the producer shall be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, according to their nature and purpose and the rules that regulate them.

Producer means the manufacturer of a product or the importer of a product in the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.

The party liable to the USER shall have a period of one year in which to rectify the non-conformity. This period shall run from the time of completion of the remedy.

14. GOVERNING LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of MANRESA (Spain).