The purpose of these conditions is to regulate the sale of products offered by ETIC ONLINE S.L. (hereinafter “MercadoIT”) through the present web domain (http://www.mercadoit.com), or via telephone, without prejudice to what may be stated differently in the specific conditions if applicable.
The Client shall fully and unreservedly accept the General Conditions upon placing an order, or when receiving a product(s) from MercadoIT, declaring that they have prior knowledge of the order content by having provided MercadoIT with a completed order form, and have also indicated that the products they want to acquire are available in accordance with the website (http://www.mercadoit.com).
The sales made through the MercadoIT website are subject to the general sales conditions stated on this website at the time of dispatching the purchase order, or order, which excludes the application of any general sales conditions established by the Client.
These General Conditions are presented in accordance with applicable legislation, and their period of validity is indefinite.
The consumer and user accepts that he or she is a person who is legally able to purchase or hire products or services, and has read, understood and unreservedly accepted these General Conditions, in addition to accept the obligations which derive from them.
Under-age individuals and persons without the capacity to act according to Spanish law, shall not be able to purchase or hire any product(s) from MercadoIT, which has the right not to supply products to minors.
For the purpose of communication, MercadoIT puts the following contact information at the consumer’s disposal:
a) Trade Name: MercadoIT
b) Email: firstname.lastname@example.org
c) Telephone number: (+34) 961 04 29 55
d) Postal address: C/ Ciudad de Cartagena 23, 46988 Paterna, Valencia, Spain.
The languages in which the contractual relationship may be finalised will be in Castilian Spanish and/or English.
Etic Online S.L. (owner of the website: https://mercadoit.com/) with VAT number: B98339005, and registered address at: C/ Ciudad de Cartagena 23, 46988 Paterna, Valencia, Spain, is the supplier/seller of products, which the Client purchases on this website, or via telephone.
Their contact email address is: email@example.com, and their telephone number is: (+34) 961 04 29 55.
The Client is the other party who registers on the website with the intention of being the consumer and/or user of the website, and/or to purchase/hire products from MercadoIT.
The Client is obliged to carry out lawful use of the website and its services while respecting the applicable law and refraining from the violation of rights and interests pertaining to third parties and MercadoIT.
The Client is responsible for the veracity of data provided to MercadoIT, and shall therefore be responsible for consequences that may occur from providing false or incorrect data on this website. In addition, the products presented on this website are in accordance with Spanish law, therefore the Client is responsible for verifying the possibility of importing and/or using them in other countries, which exempts MercadoIT from any responsibility of such cause.
A breach of the aforementioned conditions may cause MercadoIT to withdraw or cancel services without prior notice, and the Client shall not be entitled to any compensation from MercadoIT, nor for the beginning of legal action in defence of their rights and interests.
Without prejudice to consumer’s and/or user’s rights to cancel or return goods, MercadoIT shall not be responsible for any breach or delay in the fulfilment of their obligations in relation to the Consumer in the event that they were caused by any reasons pertaining to fortuitous events or force majeure, which affect MercadoIT, its suppliers or forwarding agents, including cases of strikes, other labour or industrial events, or lack or impossibility to obtain raw materials etc. In the case of force majeure extending to a period of time of over 2 months, MercadoIT and the Client shall consider pending products as being cancelled and void without resulting in any compensation in favour of the Client.
Access to the website is voluntary, therefore users of the website will have the right to free access of public information posted on the website, but MercadoIT reserves the right to restrict access to information, offers and special promotions exclusively for their registered clients.
Any user who visits mercadoit.com will have the right to register as a Client, and have access to special promotions from then on, providing that the user fulfils the specific conditions of the offer.
In order to execute and formalise any purchase, the user has to register as a Client by filling in a short form to provide their personal, contact and delivery information.
Once the user is registered, and the requisites stated in the previous paragraphs are fulfilled, the Client may proceed to formalise the purchase agreement for the product(s) selected, in accordance with the purchase procedure.
Once registered, the Client can proceed to carry out an order by adding products to the shopping basket, and following the on-screen instructions. Once the Client has completed their order, this means that they give their express acceptance and knowledge of these General Conditions.
Alternatively, the Client may contact MercadoIT to carry out an order via telephone, and give reference numbers of the items, although payment for telephone orders is only acceptable via bank transfer.
Once an order has been placed, MercadoIT will send an email to the address provided by the Client in order for them to confirm the order details. This must be revised by the Client in order to notify MercadoIT of any modification in advance, and prior to the dispatch of the order from MercadoIT’s business address.
Orders will be dispatched to the address provided by the Client, along with their receipt or invoice, according to the Client's preference.
In addition, the Client may check their order status at any time by entering their personal area on the website.
The sale of products shall be carried out throughout mainland Spain, including the Balearic Islands, Canary Islands, Ceuta and Melilla, in addition to international destinations (the rest of Europe, or the rest of the world), and the Client is responsible for verifying the possibility of importing and/or using the products in other countries, exempting MercadoIT from any responsibility for such cause.
The catalogue of products is presented with product descriptions that provide details of their main features (image, description, availability and retail price including VAT). The offers will be noticeable and identified as such, conveniently displaying their previous price, sale price and their validity, and clearly stating their expiry date, methods of payment and other values.
The prices of our products do not include delivery costs.
The product descriptions published on the website originate from the information provided by suppliers of MercadoIT (mercadoit.com). The photographs of the products or product-related photographs on mercadoit.com may vary in colour, depending on the screen resolution setting of your monitor/computer.
Should the Client wish to consult the details of their order, the order information can be accessed either in the “customer service” section, by telephone: (+34) 961 04 29 55, or via email to the following email address: firstname.lastname@example.org, stating the order number assigned in the confirmation email of the purchase.
Product availability. In the case of an order including a product that is unavailable, MercadoIT (mercadoit.com) shall inform the user via email, or telephone, to arrange partial delivery in the case that other products were ordered, or to cancel the order prior to dispatch.
In that case, MercadoIT shall refund the amount paid within a maximum period of 15 working days. In the event of an unjustifiable delay on the company’s part regarding the refund of the amount paid, the consumer and user may claim for the company to refund twice the amount owed without prejudice to their right to be compensated for damages endured in which exceed such amount.
In addition, in the case of the consumer and user being clearly notified of the possibility of the goods or service being unavailable, the company shall supply goods or services of a similar nature with the same or superior quality without increasing the price.
In this case, the consumer and user may exercise their right to withdraw and cancel under the same terms with which they bought the goods or contracted the service they initially required.
Price and validity period of products. The Client accepts that the economic value of some of the products may vary in real time. Consequently, the price to apply will be effective on the date that the order is placed. Despite the aforementioned, the Client shall be informed of the final price during the e-purchasing process, which precedes the Client formalising acceptance of the purchase.
The prices shown in relation to each product include value-added tax (VAT), and shall be displayed in the Euro (€) currency, unless clearly stated otherwise. The prices do not include delivery costs, shipping insurance, any other additional services, nor additions of products or services purchased or hired.
The aforementioned expenses cannot be calculated in advance since each order is calculated according to shipping destination, weight and size. The Client may check and calculate the total price of the product with an exact break down, prior to formalising the payment during the purchasing process on the website.
The prices are valid unless error or omission, and the company reserves the right to not dispatch orders of products with mistakenly shown prices. Orders of 0.00 euros are programming errors, and shall not be considered as orders, nor dispatched. In the case that a consumer and/or user has decided to purchase a product at a price that is shown incorrectly, and is substantially and noticeably lower than the normal retail price of the product, they shall be notified of the error, and informed of their right to cancel their purchase totally free of charge.
MercadoIT's sales commitment is subject to stock availability, and until the limited number of stock items in the offer or promotion sell out, which shall be clearly stated.
Credit or debit card. With this payment method, the Client will have to enter their card number, expiry date and card security code into the Elavon encrypted payment system of the Cajamar bank. In this case, the Client’s data will be coded and sent via secure server to the virtual POS of the Cajamar Elavon bank. This procedure does not disclose bank card numbers to MercadoIT (mercadoit.com).
SECURITY: The website uses data security techniques that are generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, which are all used to prevent unauthorised data access. In order to achieve this objective, the User/Client accepts that the provider obtains data to carry out the corresponding authentication of access controls.
Bank transfer: In order to make a payment using this method, the Client has to carry out a bank transfer (stating the order reference number in the description) within a maximum period of 3 working days since the order was placed. By using this payment method, the order shall be dispatched when the transfer has been received in the MercadoIT bank account, which may take up to three days depending on the bank. However, if the Client forwards the receipt of the bank transfer via email to email@example.com, MercadoIT shall proceed to prepare the order, which will result in a quicker delivery time.
MercadoIT (mercadoit.com) reserves the right to cancel the order in the event of not receiving confirmation of the bank transfer within the maximum period of 3 working days. The MercadoIT bank account number will be shown to the Client upon selecting this payment method.
Bank transfer is the only payment method that is compatible with telephone orders.
All payments made through mercadoit.com produce an invoice or purchase receipt, as proof of purchase of a product/service.
The invoice or purchase receipt shall be automatically dispatched to the email address provided by the Client during the purchasing/registration process, or included inside the product box.
The delivery of orders shall be made to the delivery address which is freely specified by the Client during the registration/purchasing process once the payment has executed and is confirmed. In the case of placing an order for various items with different stock availability, this will likely result in a longer delivery time.
In the event of a Client’s request to make any changes to an order once the goods have been prepared for dispatch, the Client/User gives MercadoIT their express authorisation to charge for any additional expense that may arise as a consequence.
The goods shall be considered as delivered to the Client when they are at their disposal, or when delivered to the person designated to receive them, and either of them have signed for the order, which is delivered by a forwarding agent.
MercadoIT include the following services for or all types of deliveries:
In the case of the recipient's absence. Immediate tracking: if the Client is not at the delivery address of the order, the forwarding agent shall contact the recipient immediately.
Second delivery attempt of the package: The forwarding agent shall return to the delivery address of the order a second time should the recipient be absent on the first attempt.
Delivery confirmation to the recipient: SMS notifications. The forwarding agent shall immediately confirm completion of the delivery, or any other situation.
Under no circumstances shall MercadoIT (mercadoit.com) be responsible when a delivery of goods does not arrive as a consequence of false, inaccurate or incomplete information provided by the Client, or when a delivery cannot be made due to causes beyond the control of the company responsible for the delivery, such as the recipient's absence.
Delivery zones. MercadoIT (mercadoit.com) deliver to Spain*, Europe** and the rest of the world**.
The Valencian Community and the rest of the peninsula: Home delivery charges vary according to the delivery period and the company hired to make the delivery such as Seur, ASM or DHL, but delivery is free of charge for purchases over €200.
The approximate home delivery period varies between 48 hours and 10 days, excluding Saturdays, Sundays and public holidays. Deliveries are made between Monday and Friday, and the delivery zone is within the Spanish peninsula.
Despite the aforementioned, the delivery period may be delayed due to logistic problems regarding storage, and may extend to a maximum period of up to 30 calendar days from when the order was placed. In the event that MercadoIT does not fulfil its obligation to deliver, the consumer and user will set a deadline in order for MercadoIT to comply within an additional period that is appropriate, and in accordance with the circumstances. In the event that the company does not deliver the goods in such additional period, the consumer and user shall have the right to terminate the contract.
Europe and the rest of the world: The home delivery costs vary according to the delivery period and the company hired to deliver the order.
Some products dispatched to Europe may include an additional cost according to the weight of the delivery, and the Client shall be notified of this upon placing their order.
The following table shows the delivery costs according to the forwarding agent and the delivery period. However, the amounts may vary, so MercadoIT shall state the delivery cost of the product at the time of preparing the order, and this cost has to be selected by the user in order for their goods to be dispatched.
Delivery costs and periods
The delivery costs to be paid by the consumer and/or user cannot be specified in advance as they are calculated according to region, delivery period, forwarding agent, and the weight and size of the goods and/or products. Prior to formalising the payment, the Client may check and calculate the total price of the product with an exact break down, including the delivery cost.
The Client must check their order upon delivery, and in the case of any imperfection or differences between the product(s) received and the shipping invoice, the Client must ensure that those are noted on the forwarding agent's delivery note. The Client must also notify MercadoIT of any incident concerning their order within a period of 24 hours by completing and sending the contact form, which is designed for such cases, and located in the “customer service” section on the website, or an email with an explanation of the order received can be sent to the following email address: firstname.lastname@example.org. The Client also has the option to telephone MercadoIT using the following telephone number: (+34) 961 04 29 55 between Monday to Friday from 8:30 am to 2:30 pm stating the order or invoice number, photographs of the incident and details of the defects.
Once MercadoIT has received notification of the incident, a replacement of the product shall be dispatched from the warehouse at no cost to the Client.
In the case that the Client does not notify MercadoIT within the 24-hour period, MercadoIT shall not be responsible for the damages caused during transit. All this is without prejudice to the right to return goods.
In the case that the Client wants to cancel an order once the purchase has been processed, but the order is still to dispatch, this may be possible, providing that MercadoIT receives notification via the contact form located in the “customer service” section on the website, or by sending an email to: email@example.com, by completing and submitting the customer service form, or via telephone number: (+34) 961 04 29 55 stating the order number to be cancelled.
The consumer and user will have a period of fourteen (14) calendar days to return goods without the need to give any justification for the return, and at no additional cost, except for the delivery cost, which is to be settled by the Client. This 14-day period commences from the reception of goods for the purpose of the contract, either for the user, or the designated recipient, except cases expressly excluded by legal provisions or regulations that may apply.
The product(s) must be returned in their original packaging and in perfect condition, otherwise this may result in a decrease in value. No returns shall be accepted after the period of 14 calendar days since the product(s) were delivered.
In order to return an order, the Client must notify MercadoIT of their intention to return goods by sending an email to: firstname.lastname@example.org, including the word “Return” in the subject field, or by telephone via the following telephone number: (+34) 961 04 29 55, always within the period stated.
The Client also has the option to use the returns form we have at their disposal by means of the following form, although it is not obligatory to use this form in order to return goods.
Procedure: The consumer and/or user must notify MercadoIT of their intention to return the product(s) within the period stated of 14 calendar days. Returns must be notified to MercadoIT via email, telephone or by using the returns form at the Client’s disposal.
Once MercadoIT (mercadoit.com) has received the product(s), the consumer and/or user shall be immediately notified of the goods being returned together with the delivery instructions from the consumer and/or user.
Once the consumer/user has notified their intention to return the goods within the period shown, they shall have a period of 14 calendar days to return the goods in perfect condition accompanied by a copy of the purchase invoice and the original certificate of authenticity.
In addition, MercadoIT shall immediately dispatch the amounts for goods returned by the consumer and/or user including the delivery costs if applicable (unless they have selected a different delivery option that is cheaper than standard delivery, in which case the difference derived from this shall not be refunded) within the period of 14 calendar days from the date the consumer and/or user decided to return the goods, and provided that MercadoIT has received the goods, or the consumer and/or user has provided evidence of their return. On the contrary, MercadoIT has the right to retain the refund until the goods are received, or until the consumer and user have presented evidence of them returning the goods, depending on which condition may be fulfilled first.
The monetary refund shall be made in the same way as the purchase. In this case, the buyer will be accountable for the cost of returning the goods, and in the case of any imperfections of the product(s) purchased, those shall be compensated.
In the case of promotions, by means of which the Client purchases different items, but are sold in the same pack or unit, the right to return goods shall apply to the whole pack and/or goods pertaining to the promotion.
Exceptions of the right to cancel and return goods: The following exceptions are listed in a merely expository manner, and without prejudice to others in compliance with the applicable set of laws.
a) Provision of services: Once the consumer and user give their express consent to MercadoIT and acknowledge they are aware of losing their right to cancel and return goods when the service provided by MercadoIT has been completely executed.
b) The supply of goods or provision of services of which their price depends on fluctuations in financial markets beyond the control of MercadoIT, and may occur during the cancellation period.
c) The supply of goods made to a consumer and user’s specification, or have clearly been personalised.
d) The supply of goods which may rapidly deteriorate or expire.
e) The supply of sealed goods which are unsuitable to return due to health or hygiene reasons, and have been opened subsequent to delivery.
f) The supply of goods which, due to their nature, have become inseparable from other goods subsequent to delivery.
g) The supply of alcoholic beverages when the price has been agreed at the time of sale, but their delivery can only take place after 30 days, and their real value depends on fluctuations in the market, which is beyond the company's control.
h) The contracts in which the consumer and user have specifically requested the company to visit them with the purpose of carrying out urgent reparations or maintenance. In the event that the company provides additional services to those specifically requested by the consumer, or supplies goods which are different to the replacement parts required to carry out maintenance or reparations, the right to cancel shall be applicable to such services or additional goods.
i) The supply of sealed audio or video recordings, or sealed computer programmes of which their seal has been removed by the consumer and user subsequent to delivery.
j) The supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.
k) The contracts signed by means of public auctions.
l) The supply of services for accommodation, transport of goods, vehicle rental, catering or leisure services if the contract is to be provided on a specified date, or within a specified period.
m) The supply of digital content which is not provided on a material format when the contract was signed with express prior consent by the consumer and user who are aware that they lose their right to cancel as a result.
“The right to cancel set forth stipulates that the Client shall only and exclusively hold such right, and consequently shall only be exercised by individuals or legal entities which, in accordance with article 3 of the Consolidated Text of the General Law for the Defence of Consumers and Users and other supplementary laws, hold the status of Consumer and User, as opposed to holding the status of companies as defined in article 4.”
In accordance with the Royal Legislative Decree 1/2007 of 16 November 2007, approving the revised text of General Law for the Protection of Consumers and Users and other supplementary laws, the Client has the right to receive the goods purchased in accordance with the contract.
The products sold by MercadoIT are subject to the regulations in the aforementioned royal legislative decree in respect to their warranty. New and refurbished products have a warranty period of one year. Products refurbished by Cisco, Juniper, and new Arpers products come with a lifetime warranty (see lifetime warrantyconditions) starting from when they are delivered.
In the event of a purchased product not being in accordance with the contract, the consumer and user shall be able to choose between a reparation or replacement (a replacement is not required for pre-used products), unless one of these two options is objectively impossible or disproportionate, and disproportionate shall be considered as those cases in which unreasonable costs are imposed on the seller according to applicable legislation.
The choice made by the consumer is binding for both parties. However, in cases which the reparation or replacement is unable to make the product compliant with the contract, the consumer shall be able to choose between a price reduction or to end the contract. For these purposes, it is trivial to state that the resolution shall not proceed due to lack of conformity.
In any case, and in accordance with civil legislation, the consumer shall have the right to be compensated for damages derived from lack of conformity.
Any damages, imperfections or defects caused by misuse, negligence, abuse, improper handling, materials worn due to use, in addition to incorrect installations implemented by unauthorised technicians, are not covered by the warranty. In addition, and if applicable, the warranty shall not cover the elimination of viruses, nor the reparation of any problem that may derive from them.
In order to claim for a clause which is covered by the warranty, the claim must be made within the expiry period of 3 years since the delivery of the product, and the consumer and user must notify the seller of the lack of conformity within a period of 2 months since they are aware of this. A breach of the 2-month period shall not result in the loss of the right to indemnity for corresponding defects, but the consumer and user shall be responsible for damages effectively caused by the delay in communication.
Unless the contrary is proven, it shall be understood that the lack of conformity notified during the 6 months subsequent to delivery of the goods, whether they may be new, refurbished or pre-used, existed prior to the delivery of the goods, except when this presumption is incompatible with the nature of the goods, or the type of lack of conformity. MercadoIT reserves the right to request an authorised service technician to verify the origin and the cause of lack of conformity.
In the case that it is impossible or too much of a burden for the consumer and user to go to the seller due to the product(s) lack of conformity with the contract, they shall be able to make a direct claim to the manufacturer in order to obtain a replacement or reparation of the product(s).
It is an essential requisite that the consumer provides the purchase invoice, in order to exercise their rights.
9. COMPLAINT FORMS
In accordance with the law pertaining to this matter, the consumer and/or user has complaint forms at their disposal at the following postal address: C/ Ciudad de Cartagena 23, Paterna, 46988 Valencia, Spain. In spite of the aforementioned, the consumer and/or user shall, in any case, be able to request such forms via the contact form located in the “customer service” section of the website, or by sending an email to: email@example.com.
10. JURISDICTION AND APPLICABLE LAW
These conditions shall be governed by Spanish legislation, and in the event that any conflict or discrepancy may arise in the interpretation or application of these general conditions with regard to the consumer, any dispute shall be contested in the competent courts in the region of the consumer.
In the case that such event refers to a company, both parties will submit to the courts and tribunals of Valencia (Spain) and the parties shall expressly waive any other jurisdiction to which they may be entitled.
11. APPLICABLE LAW AND JURISDICTION
The parties expressly submit to Spanish legislation and the jurisdiction of the courts and tribunals of the city of Valencia to resolve any argument or dispute that may derive from the execution or interpretation of an order.