GENERAL TERMS AND CONDITIONS

These General Terms and Conditions of Use and  Contract (hereinafter "the General Conditions") regulate, together with the Privacy Policy and Cookies Policy, access and use of the website accessible via the domain name www.acjsystems.com and its  subdomains (hereinafter, "the Website"), as well as the purchase of products and/or services through this website. Simply accessing the Website grants the person who does so the condition of User of the website (hereinafter, “the User”) and implies acceptance of all the terms included in these General Conditions. If the User does not agree to these General Conditions, he/she must immediately leave the website without using it.

By accepting these General Conditions, the User states that:

  • He/she has read and understood the information herein.
  • He/she is of legal age in accordance with the valid legislation in their country of residence, otherwise any minor must gain authorisation from his/her parents or legal guardians.
  • In the event the User wishes to purchase a product and/or service, he/she has the sufficient capacity to do so.
  • He/she assumes all the obligations herein.

The user must carefully read these General Conditions each time he/she accesses the Website, since the General Conditions may change.

The owner of the website reserves the right to make, at any time, any change or update to the contents and services, to these General Conditions and, in general, any elements that are part of the design and configuration of the Website.

Any modification to these General Conditions shall not affect the goods or promotions acquired prior to the modification.

In the event that ACJ SYSTEMS appoints a trustworthy third party with the safekeeping of successive versions of the General Conditions, both parties shall at all times
acknowledge the General Conditions in the trusted third party’s database as the valid version thereof.

  1. General information on the website

Pursuant to Article 10 of Spanish Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, you will find general information about the website below:

Owner: ACJ Systems, S.L. (Hereinafter “ACJ SYSTEMS ").

Registered Office: C/ Osona, 10 08551, Tona (Barcelona)

Company Tax ID: B63516504

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Phone number: 938124941

Registration data: Registered in the mercantile registry of Barcelona,in volume 36,624, folio 27, sheet no.
B-280,414, entry no 2.

  1. Terms and conditions of use

2.1. Access to the website

Simply accessing the Website is free of charge except for the connection cost through the telecommunication network supplied by the User’s internet provider.

2.2. Need to register

The use of certain services and contents may be subject to the user’s prior Registration.

The information entered by the User must be exact, accurate and true. The registered user shall be liable at all times for the safekeeping of his/her password, and for any damage or loss that may arise from its misuse, as well as the transfer, disclosure or loss thereof. For these purposes, access to restricted areas and/or use of services and contents needing the registered user to enter their password shall be considered to be carried out by the registered user his/herself, who will respond to this access and use in all cases.

2.3. Terms of website use

The User is obliged to use the Website and all its content and services in accordance with the provisions established by the law, morality, public order and in these General Conditions. Likewise, the User shall make correct use of the services and/or content on the website and not use it to perform illegal activities or activities that constitute crimes, that violate the rights of third parties and/or breach the regulation on intellectual and industrial property or any other applicable legal rule.

The User agrees not to send, enter, publicise or make available for third parties any type of material or information (data, content, messages, drawings, sound and image files, photos and software, etc.) that go against the law, morality, public order and these General Conditions. But, and in no way limited to or excluding, the user undertakes:

I.- Not to enter or publicise content or propaganda that justifies racism, xenophobia, pornography or terrorism or breaches human rights.

II.- Not to introduce or spread computer viruses or any other physical or software systems capable of causing damage to the internet provider’s computer systems, its providers or third parties using the computer network.

III.- Not to spread, send or make available to third parties any type of information, element or content that may breach the fundamental rights and public rights acknowledged constitutionally or international treaties.

IV.- Not to spread, send or make available to third parties any type of information, element or content that is illegal or unfair.

V.- Not send unsolicited or unauthorised advertisements, publicity material, “junk mail”, “chain letters”, “pyramid schemes” or any other type of solicitation, except in those areas (such as advertising spaces) that have been exclusively conceived for this purpose.

VI.- Not to enter or spread any type of false, ambiguous or inaccurate information or content so as to mislead the recipients of the information.

VII.-Not to impersonate using their registration information for access to the different services and/or content on the Website.

VIII.- Not to spread, send or make available to third parties any type of information, element or content that may breach the intellectual property and intellectual rights, patent rights, trademark rights or copyright laws that correspond to the owners of the Website or third parties.

IX.-Not to spread, send or make available to third parties any type of information, element or content that may breach the privacy of communications and personal data legislation.

The User agrees to hold ACJ SYSTEMS harmless against any claim, penalty or sanction that may arise as a result of a breach by the User of any of the conditions of use previously indicated, and in addition, reserves the right to request compensation for any corresponding damage.

Sometimes, ACJ SYSTEMS will provide the User with communications such as daily bulletins, via a link that will allow him/her to access their personal account. This access is through a unique and private address, meaning that the User will not need to enter his/her registration information for access to the Website. As a consequence, the User shall treat ACJ SYSTEMS communications as confidential and abstain from forwarding them to third parties, in order to avoid unauthorised access to the private information in his/her account.

2.4. Exclusion of liability

The User's access to the Website does not mean that ACJ SYSTEMS is required to control the absence of viruses, worms or any other type of harmful software. In any case, the user shall take responsibility for the availability of suitable software that detects and removes harmful computer programmes.

ACJ SYSTEMS is not responsible for any damaged caused to the software and computer equipment of the Users or third parties during use of the services offered on the Website.

ACJ SYSTEMS is not responsible for any kind of damage or harm the User may experience due to errors or disconnections to the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during provision thereof or previously.

2.5. Contents and services linked through the Website

The access service to the Website may include technical link mechanisms, directories and even search facilities that allow the User to access other pages and Internet Websites (hereinafter “Linked Sites”). In these cases, ACJ SYSTEMS shall only be responsible for the contents and services provided on the linked sites insofar as it has effective knowledge of unlawfulness and has not disabled the link with due diligence. In the event that the User deems there to be a Linked Website with illegal or inappropriate content, they should inform ACJ SYSTEMS, however, under no circumstance does such communication involve the obligation to withdraw the corresponding link.

In any case, the existence of the Linked Websites has to presuppose the formalisation of agreements with those responsible for or the owners of these Linked Websites, but not ACJ SYSTEMS’ recommendation, promotion or identification with the statements, contents or services provided.

ACJ SYSTEMS is not aware of the content and services of the linked websites and, therefore, it is not responsible for any damage caused by the unlawfulness, quality, failure to update, unavailability, error and uselessness of the contents and/or services of the linked websites nor any other damages that are not directly attributable to ACJ SYSTEMS.

2.6. Intellectual and industrial property

All contents of this website, understood, as texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content as well as graphic design and source code, for example, are the intellectual property of ACJ SYSTEMS or third parties, without any exploitation rights recognised by the valid regulation over intellectual property being transferred to the User.

The trademarks, trade names or logos are the property of ACJ SYSTEMS or third parties, without access to the Website attributing any right to them.

In any case, the User acknowledges and accepts that the comments he/she makes about the products available through the Website may be accessed by the rest of the website Users and include the author’s identity.

The comments left by the User on the Website may or may not include an opinion or description about the products offered (hereinafter “the contents), the user grants ACJ SYSTEMS a non-exclusive license for use in world territory for the maximum duration allowed for under the law. Based on this license, ACJ SYSTEMS may freely exploit the rights to reproduction, transformation, distribution and public communication of Contents, with the sole aim of providing the services offered by ACJ SYSTEMS and advertising its products and services.

  1. Conditions of Contract

3.1. User registration

The use of the services provided by ACJ SYSTEMS involves the User registering on the Website.

The user should register by entering his/her full name and email address. Once registration is complete, a message will be sent to your account with the link the User should follow to confirm access to the Website.

In any case, the User will be asked to accept the General Conditions of Use, the Privacy Policy and Cookies Policy.

Once the User has correctly registered on the Website, he/she may access “My Account” at any time. In “My Account” the User can modify their personal information and data related to order delivery and check if there are any orders pending delivery.

3.2. Shipping conditions

ACJ SYSTEMS only send its products to: the UAE, Saudi Arabia, Portugal, France, Mexico and Peru. Purchases cannot be made through the website to destinations other than those indicated.

Purchases through the Website are subject to payment of shipping fees, at the buyer’s expense.

The shipping costs will depend on the destination. Once the order has been placed, you will be sent an email indicating the cost, which will be set based on the delivery address indicated by the User before the order is finalised. ACJ SYSTEMS shall not be liable for any delay in the order delivery due to reasons beyond its control, acts of God or force majeure.

In addition to transport of the products, the delivery cost will include their packaging in boxes specially designed to transport the products, insurance against loss or breakage, and VAT.

Orders will be delivered to the delivery address designated by the User. ACJ SYSTEMS shall not assume any responsibility when a product cannot be delivered as a result of inaccurate or false information provided by the User for these purposes, as well as in the event that the product cannot be delivered due to reasons beyond the control of ACJ SYSTEMS, such as absence of the recipient at the delivery address.

In the event that the recipient is absent and provided it is possible, a note will be left with the information required to agree on a new delivery time at the recipient’s address or the instructions required for the recipient to collect the product in a certain place.

3.3. User selection of products

Any registered User may purchase products using the Website.

The purchase of products from ACJ SYSTEMS is based on a virtual shopping cart, to which the User may add the products he/she wishes to buy.

To add products to your shopping cart, once the User finds the page with the product description and selects the custom options, he/she should select the “buy” option.

The User may access and modify the content of the shopping cart at any time.

3.4. Order processing

Once the products the User wishes to buy are in the shopping cart, the User should start the ordering process by selecting the “shopping cart” option, which will show the User the content of the virtual shopping cart and allow him/her to modify the products selected and remove any from the shopping cart.

The User must ensure that the products displayed on the screen are the ones he/she wishes to purchase.

By clicking “Finalise sale/ See order”, the User accesses a screen where he/she must indicate their delivery information; to continue with the purchasing process, the User has to fill out the delivery information, including his/her address. In this section, the User must include information that may be useful for the courier service, otherwise ACJ SYSTEMS cannot guarantee its completion.

3.5. Prices

The prices of products are indicated in the description attached to them. All prices indicated in the product description are stated in Euro (€) and do not include Value Added Tax (VAT).

3.6. Form of payment

You can pay for products through the ACJ SYSTEMS Gateway using the following methods of payment:

- Bank transfer

Once the purchase is finalised, you will be sent an email with payment details.

3.7. Confirmation of receipt of the acceptance

Once the purchasing process is finished, the User will receive an email to the address stated on the registration form with information specifying the product features, price, shipping method selected, purchase information, order number and delivery information.

3.8. Exchanges and/or refunds

Refunds will be made according to the conditions agreed upon with each client

In the event that one or several products become damaged as a result of transport, the recipient must inform the delivery service in writing on the delivery note when they sign for the delivery. Then, the User will have to write to ACJ SYSTEMS within a maximum of seven working days from the date of receipt, explaining the facts in detail. The recipient must not open the damaged product(s) and must keep them in their original packaging, preventing any type of manipulation, alteration or use. Once the appropriate procedures have been taken and checks have been made within a maximum period of 30 days from the date of communication, ACJ SYSTEMS will reimburse the user for the damaged products by transferring the money to the account number used at the time of purchase.  Once the reimbursement has been made, ACJ SYSTEMS reserves the right to claim the damaged products (the return fees for which will be at their expense).

If the received products differ from the original order (return of the wrong products only will be processed), the client must notify ACJ SYSTEMS in writing, within a maximum period of seven working days from the date of receipt. The recipient must not open the products subject to claim and must keep them in their original packaging, preventing any type of manipulation, alteration or use. Once the appropriate procedures have been taken and checks have been made,  ACJ SYSTEMS will reimburse you for the wrong products by transferring the money to the account number used at the time of purchase within a maximum period of 30 days from the date of communication. Once the reimbursement has been made, ACJ SYSTEMS reserves the right to claim the wrong products (the return fees for which will be at their expense).

Orders should be returned to the following address:

ACJ SYSTEMS

Osona, 10

Osona, 0851, Tona (Barcelona)

Spain

3.9. Right to cancel

In any case, the buyer will have fourteen (14) calendar days after receipt of the product to exercise the right to cancel the purchase without having to justify their reasoning or face any penalty.

The buyer will have to show his/her intention to cancel the purchase within the terms indicated, and return the product. To do this, the user can send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. including his/her name and address, as well as the number of their order. You can also contact us by telephone in order to speed up the return process for the corresponding amounts.

ACJ SYSTEMS will reimburse the amounts paid by the user and will not retain expenses. However, the cost of returning the product will fall to the User.

When the cancelled products have been received and their condition has been checked, ACJ SYSTEMS will reimburse the User within a maximum period of 15 to 30 calendar days. Any products which are not in their original packaging may be subject to a depreciation.

3.10. Exceptions to the right to cancel

The right to cancel shall not apply to contracts relating to:

  1. a) The provision of services, once the service has been completely executed, when it has started, with prior express consent from the consumer and user and with acknowledgment, on their behalf, that they are aware that, once the contract has been completely executed by the business owner, he/she will have lost the right to cancel.
  2. b) The provision of goods or services with prices that depend on fluctuations of the financial market, which cannot be controlled by the business owner and that may occur during the cancellation period.
  3. c) The supply of goods produced in accordance with the consumer and user’ specifications or that are clearly custom-made.
  4. d) The supply of goods that may spoil or expire quickly.
  5. e) The supply of sealed goods that are not suitable to be returned due to health and safety protection and that have been unsealed during delivery.
  6. f) The supply of goods that, after delivery and taking into account their nature, have been mixed with other goods.
  7. g) The price of the supply of alcoholic drinks has to be agreed on at the time of signing the sales contact and that cannot be delivered within 30 days, and the real value depends on market fluctuations, which the business owner cannot control.
  8. h) The contracts in which the consumer and user have specifically requested a visit from the business owner to carry out urgent repair or maintenance operations; if, during this visit, the business owner provides services additional to those specifically requested by the consumer or supplies goods different to the spare parts required to carry out maintenance and repair operations, the right to cancel has to be applied to these additional services or goods.
  9. I) The supply of sealed sound or video recordings or sealed software programmes that have been unsealed by the consumer and user after delivery.
  10. j) The supply of daily newspapers, periodic publications or magazines, except for subscription contracts for the supply of these publications.
  11. k) Contracts signed through public tenders.
  12. l) The provision of hosting services for purposes other than housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts include a specific execution date of period.
  13. m) The supply of digital content that is not provided in a material support format once execution has started with prior express consent from the consumer and user with his/her knowledge that they lose their right to cancel as a result.
  14. Invalidity and inefficiency of the clauses

If any clause in these General Conditions is declared completely or partially null or ineffective, such nullity or ineffectiveness shall only affect this provision or the part which is null or ineffective, and the rest of these General Conditions shall remain fully in force, and only the part that is declared totally or partially null or ineffective will be deemed not to be included.

  1. Applicable legislation and competent jurisdiction

These terms and conditions will be governed and interpreted in accordance with Spanish legislation. ACJ SYSTEMS and the user agree to submit any dispute that may arise from the provision of products or services subject to these terms and conditions to the courts and Tribunals of Barcelona,expressly waiving any other jurisdiction that may correspond to them.

 

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© ACJSYSTEMS S.L. 2020