Conditions of use

§ 1 General

The following conditions of use shall be valid for the entire business relationship between
CompuRed Technologies S.L.
Centro Comercial Zenia Golf,3
03189 Orihuela-Costa, Alicante, Spanien
Tel.: +34 96 676 1647 / Fax: +34 96 676 1773

Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Internet: www.compured-compured.com

(Shop) and the purchasing person (Orderer) regarding the computer store and online-shop under the domains of www.computer-onlineshop.net, www.spaincomputers.com and www.costablanca-computers.com, www.compured-computers.com and www.compured.net . Orderer accepts these general terms and conditions to be legally binding for the actual purchase and for all purchases in future. Amendments and/or modifications to these terms and conditions shall not be binding or effective until Shop`s written approval. Orderer voluntarily waives his right to make effective its own general terms and conditions of business; same shall under no circumstances become subject to contract. Every correspondence or shipping of goods shall be made to the address in the Site`s imprint.

§ 2 Conclusion of Contract

All offers on this internet site are not binding and are without commitment. They have to be understood as an invitation to Orderer to make an offer (so called invitatio ad offerendum). In each case a valid contract shall only result and become effective by Shop`s written confirmation of the order by email, by mail or at the latest when Shop performs the order. There shall be no sales contract for products from the same order, which are not listed in the confirmation.

§ 3 Consumer`s Right of Withdrawal

In the case that Orderer is a consumer it shall be entitled to withdraw from the contract. The right of withdrawal must be exercised in writing (email is sufficient) or by returning the item within 2 (two) weeks. In case that the value of ordered item is more than 40 (forty) EURO Shop will reimburse the costs of returning the item. Shop points out that it might withhold the decrease in value caused by usage of the item. There will be separate information after each order on the conditions and procedures for exercising the right of withdrawal.
The right of withdrawal is excluded in contracts which deal with the delivery of software if the wrapping or other protective covering of the data carrier have been opened or unsealed. This shall also be applicable to any other products where software is included, insofar as the wrapping or other protective covering of such products have been opened or unsealed.

§ 4 Delivery / Consignment

§ 5 Payment

1. All prices are in EURO (€) including added value tax (VAT) plus forwarding expenses.
2. The payable amount mentioned in the confirmation notice subject to paragraph § 2 is due with the receipt of the confirmation.
3. Payment can only be made via credit card or per remittance; a buy on bill is not possible.
4. If Orderer defaults with payment, Shop is entitled to claim interest at a rate of 5 (five) per cent up to the base rate published by the European Central Bank (ECB) per anno. Shop shall however be entitled to claim higher damages caused by delay if same should be applicable.
5. If Orderer defaults with payment of an order Shop is entitled to withhold further orders. Shop will not be in default of delivery in such event. It is not necessary that Shop expressly vindicates its right to withhold orders.

§ 6 Shop`s Right of Revocation

1. Shop is entitled to revoke contract in case the given purchase price of an item is higher than Shop`s stated price because of wrong information by our contractor and if the contractor is not liable for the occurred loss.
2. Shop shall also be entitled to revoke contract in case that the correct purchase price of an item is higher than Shop`s stated price as a result of a computer error and that the applicable software manufacturer or the applicable software contractor is not liable for the occurred loss.
3. Shop`s right to void the contract as a result of an error remains unaffected.
4. In case of sub paragraph 1-3, Shop will inform Orderer immediately. Shop will also reimburse the paid prices immediately.

§ 7 Packaging and Shipment

1. Shop will package the item according to custom and usage.
2. Shop is entitled to choose route and means of transport if not otherwise expressly agreed with Orderer. As a rule, shipment will be done by SEUR Parcelservice and their partners.

§ 8 Transfer of Risk

1. The risk of accidental loss, destruction or deterioration passes to Orderer at the beginning of the shipment and at the latest by transfer to carrier. This also applies for partial deliveries.
2. Orderer must notify Shop if the delivery is fake or defective. If Orderer fails to do so it shall bear the risk of accidental loss, destruction or deterioration for the returning of the item.

§ 9. Reservation of Title

1. The product delivered remains Shops property (reserved product) until full payment of all (including future) claims resulting from our contractual relationship with the Orderer. Included in these claims are also conditional as well as claims which have been included by us in a current account. Extended reservation of title is hereby granted to us so that any claims resulting from a resale are hereby transferred to us in the amount required to cover our own claim.
2. Insurance and/or damage claims which the Orderer has in connection with loss or damage to the reserved product are hereby fully assigned to Shop.
3. In the event that the Orderer should be in default of payment, it is obliged, upon Shop’s demand, to allow us to repossess the reserved product still in Orderer’s possession, to provide Shop with a detailed list of the said product(s), to isolate the applicable product(s) and to return/transfer same to us.

§ 10 Liability for Defaults

1. The item will be delivered with the characteristics and quality which are customary for our manufacturer at the time of delivery, if this is reasonable for Orderer in consideration of Shop’s interests.
2. Certain qualities shall only be assured if Shop and Orderer stipulate these in writing.
3. Orderer is obliged to check the delivered item after receipt to verify if it is free from faults. Orderer is obliged to notify Shop in writing within 7 (seven) working days after receipt of the item if the item is apparently faulty. This written notice must contain the exact description of the fault and the order number. For proof that the notification is sent in time shall be the date of postmark or any other provable date specification.
4. In case that a purchased item is faulty, Orderer shall be entitled to ask for supplementary/ complementary performance. If this supplementary/ complementary performance also fails, Orderer shall then be entitled to revoke the contract or claim damages. Diminution shall be excluded.
5. Any further claims of Orderer shall be excluded if not otherwise mentioned below. Shop is therefore not liable for damage to other things than the applicable item, including but not limited to loss of profit or other financial losses Orderer might have.
6. This limitation of liability shall apply also for our employees, representatives and any person employed by Shop in the performance its obligations.
7. The limitations shall not be valid in case the cause of damage is an act of gross negligence or with intent or in case of a personal injury.
8. In case that Shop negligently breaches a duty which is essential for the contract the replacement liability of Shop for property damage shall be limited to losses which typically result from such damage.

§ 11 Right of Retention and Set-off

1. Orderer can only enforce a right of retention if it results from the same contractual relationship. Orderer is only entitled offset payments if the counterclaim is acknowledged by Shop or if it has been acknowledged by judgment.
2. If Orderer is a merchant any right of retention shall be excluded.

§ 12 Severability Clause

The inefficiency of one or several clauses of these conditions of use shall not affect the effectiveness of the remaining contract. The parties shall replace the inefficient clause appropriately by a provision which comes closest to the purpose of the present contract.

§ 13 Place of Performance, Venue

§ 14 Privacy Policy Data Protection

Please find information about the type, amount and purpose of storage, usage and handling of personal data necessary for the purchasing process in Shop`s Privacy Policy.