Terms and conditions of use

1. SCOPE

1.1. These General Conditions, together with any Specific Conditions that may be established, will expressly regulate the relationships arising between EMODSCALE, VITRINAS EXPOSITORES MODULARES SL with registered office at Carretera de Canillas, 136 LOC 3B - 28043 Madrid (Madrid) and NIF B56393796, hereinafter "https://emodscale.com/en/" and third parties (hereinafter "Users" or "User") who use the Internet portal "www.https://emodscale.com/en/" (hereinafter the "Portal"), as well as with third parties who contract the products and services offered or accessible through it (hereinafter the "Products and Services").

1.2. These General Conditions do not exclude the possibility that the acquisition and/or use of any of the Products and/or Services offered to Users through the Portal may be subject to specific conditions of use ("Specific Conditions"), which will complement these General Conditions and prevail over them in the event of any discrepancies. Products and/or Services whose acquisition and/or provision are subject to Specific Conditions will be governed by the provisions of such Specific Conditions and, in any matters not covered by them, by the provisions of these General Conditions.

1.3. By making a purchase or order, or contracting a service, regardless of the method in which it is carried out, the user acknowledges and expressly accepts these general terms and conditions of contract, which will govern the duration of the commercial relationship between the buyer and the seller without the need for further reference.

1.4. https://emodscale.com/en/ may, at any time and without prior notice, modify these General Conditions or, where applicable, the Specific Conditions and introduce new conditions of use, including, where applicable, the paid or free nature of any of the Portal's Products and/or Services. These modifications will be published on the Portal's website so that the User may be aware of them before proceeding to use them. The use of the Portal and/or the acquisition of any of its Products and/or Services by the User after the General Conditions or, where applicable, the applicable Specific Conditions have been modified, will imply the User's acceptance of the modified General or Specific Conditions.

2. ACCESS TO PRODUCTS AND SERVICES

2.1. To use some of the Products and/or Services, https://emodscale.com/en/ will ask Users to register. The data obtained through this procedure will be subject to the "Privacy Policy" accessible through the Portal. The registration procedure will be the one that appears at any given time in the corresponding section of the Portal.

2.2. The password chosen by the User and validated, where applicable, by https://emodscale.com/en/ for registered Users will be considered an identifying and enabling element for accessing, acquiring, and using the corresponding Products and/or Services and will be personal and non-transferable. The User undertakes to exercise due diligence in safeguarding the password validated by https://emodscale.com/en/, and shall otherwise assume any consequences that may arise from its use by third parties other than the User. The User must not write the password in a form that is intelligible or accessible to a third party, nor record it in a location accessible to third parties. https://emodscale.com/en/ may, with adequate advance notice, make changes to the password. In this case, the changed passwords will lose their validity.

2.3. https://emodscale.com/en/ reserves the right to decide, at any time, which Products and Services are included, offered, provided, or made accessible to Users through the Portal. In particular, https://emodscale.com/en/ may at any time add new Products and Services to those included in the Portal. It is understood that, unless otherwise provided, such new Products and Services will be governed by the General Conditions in effect at that time. Furthermore, https://emodscale.com/en/ reserves the right to cease providing or facilitating access to and use of any of the Products and Services included in the Portal at any time and without prior notice.

2.4. https://emodscale.com/en/ also reserves the right to unilaterally modify the presentation and configuration of the Portal at any time and without prior notice.

3. USER OBLIGATIONS

3.1. The User undertakes, in general, to use the Portal and each of the Products and Services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions and any applicable Specific Conditions, and must also refrain from using them in any way that may impede, damage or impair the normal operation and enjoyment of the Portal and all Products and Services by Users or that could injure or cause damage to the property and rights of https://emodscale.com/en/, its suppliers, Users or, in general, any third party.

3.2. More specifically, but without this enumeration limiting the general scope of the obligation set forth in the preceding paragraph, the User agrees to use the Portal and each and every one of the Services, as well as to acquire the Products and Services:

(a) If you register, you must truthfully provide the requested information and keep it updated.
(b) Not to introduce, store or distribute any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence, incites discrimination based on sex, race, ideology or religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
(c) Not to introduce, store or distribute through the Portal or through any of the Services, nor to use in connection with them, any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Portal, any of the Services, or any equipment, systems or networks of https://emodscale.com/en/, of any User, of its suppliers or in general of any third party, or that is otherwise capable of causing any type of alteration or preventing their normal operation.
(d) Not to carry out, except in those spaces expressly dedicated to such purposes, advertising, promotional or commercial exploitation activities.
(e) Not to use false identities or impersonate others when using the Portal or when using or acquiring any of the Products and/or Services, including, where applicable, the use of third-party passwords or access keys or in any other way.
(f) Not to hide or falsify in any way the origin of email messages, not to intercept, delete or modify the email messages of other Users, nor to send bulk email messages.
(g) Not to destroy, alter, render useless or damage the data, information, programs or electronic documents of https://emodscale.com/en/, its suppliers or third parties.
(h) Not to introduce, store or distribute through the Portal or through any of the Products and/or Services any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content with respect to which you do not have, in accordance with the law, the right to make it available to third parties.
(i) Not to use the contents and in particular the information obtained through the Portal or any of the Products and/or Services to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.

4. SALE OF PRODUCTS AND PROVISION OF SERVICES

4.1. The characteristics of the Products and/or Services and their prices appear on the screen. The Products and/or Services will be available for sale while stocks last. The prices indicated on the screen are in euros and are current. Offers are duly marked and identified as such. They are valid while they appear on the screen or for the period indicated therein. Notwithstanding the foregoing, https://emodscale.com/en/ will send an invoice to all individuals or legal entities residing in Spain. The order confirmation sent by https://emodscale.com/en/ is not valid as an invoice, but only as proof of purchase.

4.2. Product features and descriptions are provided by their respective manufacturers; therefore, https://emodscale.com/en/ cannot guarantee the accuracy, quality, veracity, or reliability of this information.

4.3. If the item ordered is unavailable, the seller may supply a product with similar characteristics and of the same or higher quality at no additional cost. If the user is not satisfied with the delivery, they may request a refund of the amounts paid by contacting customer service.

4.4. Regarding device services, https://emodscale.com/en/ will examine the item upon receipt. If any anomaly or fault beyond what the customer has described is detected, the customer will be notified and a separate quote for the repair may be provided. The prices applicable to each repair are listed on the Portal, as well as the specific terms and conditions of each service. Likewise, once a repair has been carried out and the User has been notified of its availability for collection, a 30-calendar-day period is established for its collection. After this period, two euros will be charged for each additional day the product is in https://emodscale.com/en/'s facilities, as a storage fee.

4.5. The User undertakes to safeguard the data stored on the hardware they wish to repair by creating a backup copy to prevent any data loss that may occur as a result of the repair. With regard to software, liability is excluded for defects caused by the User due to updates, incorrect installations, or the use of additional software or peripherals. In such cases, the User shall bear these costs, even if such defects arise during the repair of hardware under warranty.

4.6. If, during the course of a repair, unforeseen and unestimated defects arise, https://emodscale.com/en/ will inform the user of this and, if necessary, prepare an additional estimate.

4.7. All content (whether digital or physical) on a device, as well as any accessories, delivered to https://emodscale.com/en/, belongs to its owner, who is solely responsible for all purposes related to said content.

5. PRICES AND PAYMENT CONDITIONS

5.1. The price list in effect at the time of order acceptance or purchase is binding. Prices are exclusive to the website. Prices may vary in physical stores.

5.2. The payment period for invoices is deemed to have expired upon delivery of the goods, without prejudice to home deliveries.

5.3. The payment methods available on the Portal are: Cash, bank transfer or deposit, credit/debit card, PayPal, and cash on delivery. The payment methods applicable in all cases will be those established in the "Payment Methods" section available on the Portal.

5.4. https://emodscale.com/en/ reserves the right to unilaterally remove, add, or modify the available payment methods, terms, or additional charges at any time and without prior notice.

5.5. Some payment methods may be restricted to certain geographical areas or to specific products or services.

5.6. The "Cash on Delivery" payment method constitutes a binding contract between the User and https://emodscale.com/en/. Therefore, once an order has been placed and this payment method has been selected, the User agrees to pay for said order. Otherwise, the User must pay https://emodscale.com/en/ the costs arising from said transaction, which will correspond to the shipping costs of said product, plus six euros for handling fees and payment for return shipping.

5.7. https://emodscale.com/en/ reserves the right to temporarily hold an order or payment received if details are observed that may indicate attempted fraud or to conduct all necessary checks to ensure the authenticity of the payment.

6. SHIPPING AND DELIVERY CONDITIONS

6.1. https://emodscale.com/en/ ships nationally and internationally through third-party carriers contracted for this purpose.

6.2. Delivery will be made to the address provided by the user. If the user makes a mistake when providing the address or wishes to change it later, the user will be responsible for any resulting charges.

6.3. The delivery time for your order depends on the availability of the items ordered. If you purchase multiple items with different availability, shipping will be made once all items are available; that is, the item with the longest delivery time will be considered.

6.4. All products will remain the property of https://emodscale.com/en/ until full payment has been received.

6.5. Some shipping methods may be available exclusively for certain geographic areas.

6.6. Shipping rates, as well as available shipping methods, will be those established in the "Shipping Methods" section of the portal.

6.7. https://emodscale.com/en/ reserves the right to add, remove, or modify available shipping methods and rates without prior notice. In any case, you will be informed of the exact rates for that order at the time of placing your order and before making final payment.

6.8. When placing an order, the User agrees to receive it at the indicated address and to inspect all merchandise upon receipt. If the package is damaged or shows signs of tampering, they must note this on the courier's delivery note and report the incident to https://emodscale.com/en/ and the shipping company within 24 hours of receiving the order.

7. RETURNS

7.1. RETURNS FOR PRIVATE CUSTOMERS
7.1.1. Right of withdrawal. As established by Law 47/2002, of December 19, amending Law 7/1996, of January 15, on the Regulation of Retail Trade, for the transposition into Spanish law of Directive 97/7/EC on distance contracts, and for the adaptation of the Law to various Community Directives, the User has the right to return the order within seven business days following receipt of the order, without needing to justify the decision and without penalty of any kind (provided that the use does not go beyond merely verifying the good condition and functioning of the product). The customer must assume the costs derived from shipping for the return of the goods.
7.1.2. To request it, you must complete the "Return Due to Withdrawal" form, available in the Returns section and enclosed with each order, and communicate in writing (either by email, letter, or fax) your desire to exercise this right within a maximum of seven business days of receiving the order. Once the return has been accepted by the After-Sales Department, a return number will be assigned, and the customer will have an additional seven business days to return the material to https://emodscale.com/en/ at their own expense. All information and documents regarding the return process can be found in the "Returns" section of the website.
7.1.3. As specified in said law, the right of withdrawal provided for in the aforementioned regulation will not apply to sound or video recordings, discs, computer programs and/or video games that have been unsealed by the consumer, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use, or to Products that can be reproduced or copied immediately (compact disc, software, video films, books, video games, etc.). Nor will it apply to products or devices that have been manufactured, configured or assembled to measure and at the request of the client, as well as any modification, repair or work carried out on any item requested by the client.
7.1.4. https://emodscale.com/en/ will, where appropriate, issue a refund within a maximum of 30 days of receiving the returned merchandise, although it will attempt to do so as quickly as possible.
7.1.5. Furthermore, and without prejudice to the right of withdrawal provided by law for the return of a product within seven business days following the date of receipt of the order, https://emodscale.com/en/ extends this period to 15 business days for cases in which the product has not been used and its packaging is in perfect condition, without having been opened or unsealed.
7.1.6. If any anomaly is detected in the product or packaging due to misuse or improper handling, or if the return conditions set out (in time or form of presentation) are not met, https://emodscale.com/en/ may reject the return and will send the material back to the customer, who will be responsible for the return shipping costs (depending on the product) plus €6 for management and administration fees.

8. WARRANTY

8.1. https://emodscale.com/en/ guarantees all items, components, and other products it distributes in accordance with current laws and the following conditions. It will only provide warranty service on goods purchased at its establishment. Depending on the product, the warranty must be processed directly with the manufacturer. https://emodscale.com/en/ will always act as an intermediary if the User so requests.

8.2. The warranty for all new items on the website will be two years from the date of delivery. This period may be longer depending on the product, in which case it will be specified on the product information sheet and the purchase invoice.

8.3. Second-hand items, including those previously used by another owner, as well as those that, despite being new, must be opened and modified to expand their functionality or features, will have a minimum one-year warranty.

8.4. When the purchased item presents a lack of conformity because it does not correspond to the characteristics offered, presents defects that prevent its normal use according to its nature or does not offer the benefits described for it, the User has the right to remedy the acquired good within a period of two years from the purchase, under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users and without prejudice to the powers of https://emodscale.com/en/ to verify the veracity of the defects, their origin and time of appearance.

8.5. Any warranty repair will be free of charge, and https://emodscale.com/en/ will proceed, as appropriate, with the repair, replacement, price reduction, or termination of the contract. The User must notify the seller of any non-conformity within two months of becoming aware of it, following the instructions in the "Warranty" section of the Portal. Whenever the product is under warranty, shipping costs will be borne by https://emodscale.com/en/.

8.6. https://emodscale.com/en/ will inform the customer of the warranty processing time, always trying to keep it as short as possible and establishing a maximum of three months from receipt of the item. The warranty for repairs carried out on products under commercial warranty will last six months. If it is proven that the defects claimed by the User are untrue or, for any other reason, are not covered by the Warranty, https://emodscale.com/en/ may provide a quote for the out-of-warranty repair and may require the User to cover the shipping, administration, and warranty management costs. The same procedure will apply when the claimed defects result from improper use of the item, when the product has been manipulated by a third party prior to the claim, poor maintenance, force majeure, or any other cause unrelated to the item or https://emodscale.com/en/. For these purposes, improper use or poor maintenance will always be considered to exist when the instructions contained in the manual or documentation delivered with the item have not been followed.

8.7. In general, the User undertakes to immediately inspect the purchased item and to notify https://emodscale.com/en/ as soon as possible of any possible disagreement with it, avoiding in any case the aggravation of any damage, under the principle of good faith.

8.8. https://emodscale.com/en/ may provide the User with an insurance policy that extends the commercial warranty periods beyond those offered in each case by the purchaser of the item. This insurance, when applicable, will be voluntarily subscribed by the User, and its cost will be borne exclusively by the User. Both the rates and contractual terms of the policy will be available to the purchaser.

8.9. For businesses and professionals, the warranty will be established directly by the manufacturer of the item in question, as well as the procedure for managing them, since there is no law that specifies the warranty procedure for professionals.

8.10. All details regarding warranty processing, deadlines, procedures, etc. are provided in the "Warranty" section of the Portal.

8.11. Finally, services such as repairs, modifications, technical service, etc., performed on products outside the commercial warranty period will be guaranteed for three months, as established by law. This period begins on the date of delivery of the device. The warranty covers the entire repair and includes shipping, parts, and taxes, provided the new fault is the same as the one repaired. Any fault other than the one repaired or parts that were not replaced during the previous repair are excluded from the scope of this warranty.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

9.1 The User acknowledges that all elements of the Portal and each of the Products and Services, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in connection with them, are protected by intellectual and industrial property rights of https://emodscale.com/en/ itself or of third parties, and that the General Conditions do not attribute to the User any rights with respect to said industrial and intellectual property rights other than those specifically contemplated therein.

9.2 Unless authorized by https://emodscale.com/en/ or, where applicable, by the third party holders of the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow public access through any form of public communication to any of the elements referred to in the preceding paragraph. The User must use the materials, elements, and information accessed through the Portal and each of the Products and Services solely for their own needs, and undertakes not to engage in any direct or indirect commercial exploitation of the Products and Services or the materials, elements, and information obtained through them.

9.3 The User must refrain from removing any identifying signs of the rights (intellectual, industrial or any other property) of https://emodscale.com/en/ or third parties appearing on the Portal, as well as from circumventing or manipulating any technical devices established by https://emodscale.com/en/ or third parties on the Portal.

10. RESPONSIBILITY

10.1. Without prejudice to any liability for damages that may arise, https://emodscale.com/en/ may, immediately and without prior notice, terminate and terminate its relationship with the User, or interrupt their access to the Portal and/or access to and use of any of the Products and/or Services, if it detects use of the Portal or any of the Products and/or Services that is contrary to these General Conditions or the Specific Conditions that may apply.

10.2. The User shall be liable for any damages of any kind that https://emodscale.com/en/ may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from the General or Specific Conditions in relation to the use of the Portal or any of the Products and/or Services. Furthermore, the User shall hold https://emodscale.com/en/ harmless from any sanction, claim, or lawsuit that may be filed by a third party, including any public bodies, against https://emodscale.com/en/, its employees, or agents, as a result of the violation of any third-party rights by said User through the use of the Portal or any of the Products and/or Services, or, in general, that may be filed as a result of the use or acquisition of any of the Products and/or Services in a manner contrary to the provisions of the General Conditions or the applicable Specific Conditions.

10.3. The User acknowledges and accepts that use of the Portal, as well as the acquisition and use of the Products and/or Services, is at the User's sole risk and under their sole and exclusive responsibility.

10.4. https://emodscale.com/en/ makes no warranties and excludes any liability for any damages that may arise from the following:

(a) Availability, Continuity, and Utility: https://emodscale.com/en/ undertakes to make every effort to ensure the availability and continuity of the Portal. However, https://emodscale.com/en/ cannot guarantee that the Portal will function correctly at all times, that the User will be able to access and use it quickly, uninterruptedly, and error-free, or that all errors will be corrected. Likewise, https://emodscale.com/en/ does not provide any warranty regarding the suitability of the Portal or any of the Products and/or Services to meet a User's specific needs;
(b) Security: https://emodscale.com/en/ will adopt the security measures generally adopted in the sector to guarantee the confidentiality and security of the Portal's use. However, https://emodscale.com/en/ cannot guarantee that unauthorized third parties will not be able to gain knowledge of the characteristics and circumstances of Users' use of the Portal and the Products and/or Services.
(c) https://emodscale.com/en/ will act diligently according to generally accepted practices in the sector to avoid the presence of viruses or other harmful elements on the Portal that could cause alterations to the User's computer system, electronic documents or files, but cannot guarantee the absence of such elements, and will not be liable for any damages that this may cause.
(d) Services provided by third parties: https://emodscale.com/en/ does not control, endorse, or guarantee the accuracy, quality, veracity, reliability, or suitability of the information, products, and services provided or rendered by third parties through the Portal. Likewise, it does not control and does not guarantee the absence of viruses or other harmful elements in the content or services provided or rendered by third parties through the Portal.
(e) Content outside the Portal: https://emodscale.com/en/ does not guarantee the technical availability, quality, reliability, accuracy, or veracity of the content, products, and services available on sites owned or managed by third parties that the User may access through technical linking devices ("links") from the Portal. https://emodscale.com/en/ does not control the content of such websites, nor does it offer or market the products and services available on such linked websites, nor does it assume any responsibility for them.
(f) https://emodscale.com/en/ does not provide any guarantees of any kind, either express or implied, regarding the use that Users make of the Portal, nor regarding the breach of legal obligations to which Users are bound.

11. COMMUNICATIONS AND CUSTOMER SERVICE

11.1. Unless otherwise expressly provided in these General Conditions, https://emodscale.com/en/ may send communications to the User by letter, to the address listed on the registration form, or by email, to the email address registered on said form. The User expressly authorizes the sending of communications via email.

11.2. Likewise, and unless otherwise expressly provided in these General Conditions, the User may contact https://emodscale.com/en/ to manage any incidents related to the use of the Portal or the purchase of products or services, by sending a letter or email, through the customer service telephone lines, or by using the contact form available on the Portal.

11.3. In the event of a change of address by either party, the other party must be notified by any of the means indicated above.

12. DATA PROTECTION

12.1. The User is informed and agrees that the data provided through the data request forms, as well as those generated as a result of their relationship established with us, will be incorporated into an automated file owned by https://emodscale.com/en/, registered with the Spanish Agency for the Protection of Personal Data, for the purpose of managing, administering and providing the services requested, managing user registration, managing purchases made, as well as informing them of products or services, our own or those of third parties that may be of interest to them.
https://emodscale.com/en/ declares and guarantees complete compliance with the security and safeguards contained in the Data Protection Act LO 15/1999 of December 13, regulating the automated processing of personal data.

12.2. All data, in compliance with the LOPD, will be subject to the "privacy policy" accessible through the Portal.

12.3. In accordance with the Data Protection Act, Organic Law 15/1999 of December 13, the User may exercise their rights of access, rectification, cancellation, and objection to their personal data held in the files of https://emodscale.com/en/, by requesting this by any means that provides proof of its transmission and receipt. To exercise these rights, they may do so in writing through either of the following two means:

Postal Mail:
EMODSCALE, MODULAR DISPLAY CASES SL
At: LOPD - Data Protection
Canillas Road, 136 LOC 3B - 28043 Madrid (Madrid)
Telephone Support: +34 650954337 Email: info@emod-scale.com  

13. DURATION AND TERMINATION

13.1. The provision of the Portal service is, in principle, of an indefinite duration. However, https://emodscale.com/en/ is authorized to terminate or suspend the provision of the Portal service at any time, without prejudice to the provisions set forth in the corresponding Specific Conditions. When reasonably foreseeable, https://emodscale.com/en/ will notify you of the termination or suspension of the Portal service.

14. APPLICABLE LAW AND ASSOCIATIONS

14.1. The provisions contained in these General Conditions shall be governed by and construed in accordance with Spanish law, which shall be applicable to their validity, interpretation, execution, and compliance. The parties submit, at their discretion, to the courts and tribunals of Madrid for the resolution of disputes and waive any other jurisdiction.