TERMS AND CONDITIONS

OVERVIEW

These conditions of use (the “Terms of Use”) regulate the access and use of the website hosted under the domain name www.ceroil.com (the “Website”) and  under any of the subdomains or web pages dependent on it, as well as the contents and services that the owner of the Website makes available to its users (the “Users”) and establish together with the Privacy and Cookies Policy,  relating to the management of personal data of Users, the terms and conditions governing the Website.

OBJECT OF THE CONTRACT

These Terms of Use form the entire contract through which the conditions of purchase of the products made available to Users by CEROIL on the Website (the “Products”) are regulated.

Access to the Website or its use by the User, as well as the purchase of any Product, necessarily implies, and without reservation, the knowledge and acceptance of these Conditions of Use, therefore, it is recommended that the User read them carefully each time he wants to buy a Product.

PURCHASE OF PRODUCTS

How to Buy Products

To place orders for Products, the User must follow the purchase procedure established on the Website, read and accept these Terms of Use and select “Finish and Pay” (the “Order”). CEROIL will then send an email to the User confirming that the Order has been accepted (the “Order Confirmation”). The contract between the User and CEROIL will finally be formalized once CEROIL sends the User the Confirmation of the purchase. Only those Products indicated in the Order will be the object of the contract.

Product Availability

All Orders are subject to availability of the Products. In the event that, once the Shipping Confirmation has been sent, CEROIL cannot dispose of the requested Product for any reason, it will contact the User as soon as possible informing him of this fact. In this case, CEROIL may:

• Offer the User, without price increase, a product with characteristics and specifications similar to that initially requested, as long as these are in accordance with the needs of the User.
• Offer the User to cancel the requested Order by refunding the amount paid for it, within 7 business days.

Refusal to Process an Order

Although CEROIL will do its best to always process all Orders, there may be exceptional circumstances that require it to refuse the processing of any Order after having sent the Order Confirmation, so CEROIL reserves the right to do so at any time, at its sole discretion.

CEROIL reserves the right to withdraw any Product from the Website at any time and to remove or modify any material or content thereof, not being liable to the User or to any third party for the fact of removing any Product from the Website, regardless of whether said Product has been sold or not,  to remove or modify any material or content from the Website.

Product Warranty

All Products contained on the Website are original from CEROIL. All of them have a 2-year warranty.

• It will be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements expressed below:
• Conform to the description made by CEROIL and possess the qualities of the Product that CEROIL has presented to the User in the form of a sample or model.
• Are suitable for the uses ordinarily intended for Products of the same type.
• Are suitable for any special use required by the User when he has informed CEROIL provided that CEROIL has admitted that the product is suitable for such use.
• Present the usual quality and performance of a product of the same type that the User may expect, taking into account the nature of the Product.

In the event that it is proven that the Product does not conform to the established specifications, CEROIL will proceed, when appropriate, to the repair, replacement, price reduction or termination of the contract, such procedures being free of charge for the User.

CEROIL is not responsible for damages to the Products that may result from misuse thereof, as well as for acts or omissions of the User that do not conform to the specifications of each Product or for damages caused by third parties that are not linked to CEROIL.

CEROIL takes the greatest care in the presentation and description of the Products. However, photographs of the Products are presented for illustrative purposes. To know the precise characteristics of each Product, you must check the corresponding descriptive data that accompanies each Product.

Delivery of Products

Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within approximately one to two (1-2) working days from the day of purchase in Spain.

CEROIL does not assume any responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for this purpose, such as the absence of the User or the retention of the Product in Customs.

Delivery times are approximate, although CEROIL tries to adjust to them.

Shipping costs

Shipping costs include transportation.

We will try to send the order in the shortest possible time, but the recipient must take into account the provisions of the country of destination for the importation of the ordered items, since CEROIL has no responsibility for them. Nor shall CEROIL be liable for the effects produced by strikes, armed conflicts or other circumstances beyond its control.

Price and payment of Products

The prices applicable to each Product will be those published on the Website on the date on which the User places the Order. Although CEROIL tries to ensure that all prices listed on the Website are correct, errors may occur. In the event that CEROIL discovers an error in the price of any of the Products that a User has requested, it will inform him as soon as possible and give him the option to reconfirm the Order at the correct price or cancel it. If CEROIL fails to contact the User, the Order will be considered cancelled and the User will be fully refunded the amounts paid.

CEROIL shall not be obliged to supply the User with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the error in the price is obvious and unequivocal and could reasonably have been recognized by the User as an incorrect price.

Prices may change at any time. However, any changes will not affect the Products for which CEROIL has already sent the Dispatch Confirmation.

Payment method

The User may make payment by credit or debit cards Visa, Visa Electron, Mastercard, American Express. To minimize the risk of unauthorized access, the User’s credit card data will be encrypted through the Redsys platform. Whether the payment method is made by credit or debit card, the charge will be made at the time CEROIL sends the Order Confirmation to the User.

Value Added Tax (VAT)

The applicable VAT rate will be the one legally in force at any given time depending on the specific product in question.

RETURNS AND EXCHANGES OF PRODUCTS

Right of withdrawal

In accordance with the applicable regulations, in the event that the User is contracting as a consumer, he may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within a period of fourteen 30 calendar days from the date of delivery of the same (the “Withdrawal Period”).

See exchanges and returns tab  for more information.

USE OF THE WEBSITE

Users undertake to use the Website in accordance with the law, morality, generally accepted good customs and current public order. Users undertake to refrain from using the Website for illicit purposes or effects, contrary to the provisions of these Conditions of Use, harmful to the rights and interests of CEROIL or third parties or that in any way may damage, or deteriorate the image or reputation of CEROIL or prevent the normal use or enjoyment of the products and services offered by CEROIL on the Website.

INTELLECTUAL PROPERTY

All the information contained on the Website, including its graphic design and source code, are protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Revised Text of the Intellectual Property Law, and the rest of the rules that regulate Intellectual Property.

These rights belong exclusively to CEROIL, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of assignment, of all or part of the content of the Website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms,  etc.), as well as the databases and software necessary for the visualization or operation thereof and any object that according to current legislation is protectable by intellectual property rules.

Users may not in any case exploit or use commercially, directly or indirectly, totally or partially, any of the contents that make up the Website without the prior written authorization of CEROIL.

Authorization for the use of any content of the Website may be requested to the email address info@ceroil.com. The provisions of the previous paragraphs will not imply in any case the assumption of responsibility by CEROIL for the content, nor may it generate the right to compensation for Users or third parties.

INDUSTRIAL PROPERTY

The trademarks, trade names, signs of establishments, denominations, logos, slogans or any type of distinctive sign shown on the Website and belonging to CEROIL, and very specifically, the denomination “CEROIL”, may not be used without prior written authorization from CEROIL.

LINKS TO THIRD PARTY WEBSITES

The links contained in the Website, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties other than CEROIL, are not the responsibility of CEROIL, who in no case is obliged to control or approve the services, contents, data, files, products and any kind of material existing on the page or web pages of third parties. Therefore, CEROIL will not be responsible, under any circumstances, for the legality of the contents of said page / s, being the sole responsibility of the third party everything that concerns the content of that link, especially respect for the law, morality, good customs and public order. The existence of links does not presuppose a relationship of any kind between CEROIL and the owner of the website on which it is established.

DISCLAIMER OF LIABILITY

CEROIL disclaims all liability relating to:

• The operation of the Website, including causes of force majeure, or any other beyond the control of CEROIL, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service.
• Possible errors or security deficiencies that may occur due to the use, by Users, of a browser of an outdated or insecure version, as well as by the activation of password storage devices or identification codes of the User registered in the browser or the damages, errors or inaccuracies that may arise from the malfunction thereof.
• For direct or indirect damages that may be caused by the information transmitted or communicated on the Website or in its electronic communications, including but not limited to technical or human errors in the published data.
• Damages, including but not limited to: damages, losses or direct or indirect expenses, inherent or consequential, arising in connection with this Website or its use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission,  computer viruses or system or line failures.

The User will be liable for damages of any kind due to illicit or fraudulent acts as well as those damages that CEROIL or its Users may suffer as a consequence, direct or indirect, of the breach by the User of these Conditions of Use, CEROIL reserving those actions to which it was entitled before the relevant judicial or police authorities.

Although it uses its best efforts, CEROIL cannot guarantee Users continued and uninterrupted access and use of its Website.

MODIFICATIONS

CEROIL has the right to review and modify these Terms of Use at any time. The User will be subject to them at the time he accepts them, unless by law or decision of governmental bodies CEROIL must make changes retroactively, in which case the possible changes will also affect the Orders that the User had previously requested.

CONTACT AND WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that CEROIL sends to the User be in writing. By accepting these Terms of Use, the User accepts that most communications with CEROIL are electronic. CEROIL will contact the User via email or by posting notices on the Website. The User consents to use this electronic means of communication and acknowledges that all notifications, information and other communications that CEROIL sends electronically comply with the legal requirements of being in writing.

For any query or incident related to the Orders, the User must contact CEROIL by sending an email to the following address info@ceroil.com.

JURISDICTION AND APPLICABLE LAW

The operation and use of the Website and these Terms of Use are governed by Spanish law. To the extent permitted by law, CEROIL and the User, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Barcelona (Spain).