These General Terms and Conditions of Online Sale - applicable to web transactions handled through the website https://www.tallaspumps.com/ (the “Site”) govern the offer and sale of goods promoted online by SOLVERMEDIA (the “Seller”), having its registered office in Den Bosch -The Netherlands, Stationsplein 91, 5211 BM, registered with the Chamber of Commerce under No. 58458549, VAT No. NL853048423B01, E-MAIL: email@example.com.
Please read these General Terms and Conditions of Online Sale carefully before making any purchase on the Site.
By making a purchase on the Site, these General Terms and Conditions of Online Sale are understood to have been read and accepted by the Purchaser, who acknowledges them by ticking the appropriate mandatory acceptance box before confirming the purchase.
These General Terms and Conditions of Online Sale do not regulate the sale of products or services by parties other than the Seller that are present on the Site via links, banners or other hypertext links. The Seller is not responsible for the provision of goods and services by third parties.
SCOPE OF APPLICATION AND DEFINITIONS
These General Terms and Conditions of Online Sale, together with the order confirmation, apply to all contracts for the remote sale of goods through this Site between Seller and Client, as identified below. No other conditions or terms shall apply, unless otherwise agreed between the Parties.
For the purposes of these General Terms and Conditions of Online Sale, the following terms are defined as:
“Client”: the consumer, or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The person, who makes the remote purchase of goods offered on the Site and will be identified by completing the order form.
“Online Sales Contract”: the contract of sale relating to the Seller's tangible movable property, concluded between the Seller and the Client within the framework of a remote sales system by means of telematic tools, organised by the Seller.
“Products”: the goods, tangible assets indicated and offered for sale on the Site.
“Site”: refers to the web page https://www.tallaspumps.com/
“Seller”: the subject, a natural or legal person, acting within the framework of commercial or industrial activity and offering goods via the Site.
CONCLUSION OF THE CONTRACT
The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client
To purchase Products, the Client must follow the steps below:
Select the Product(s) (type and quantity) from the list and add them to the shopping cart;
Complete the online order form, entering the necessary personal data;
View the summary web page, which can be printed out, containing the details of the Client and of the order, with the price of the product(s) purchased, the shipping costs and any additional charges and additional costs, the method and terms of payment, the address where the product will be delivered, the expected delivery time, and an invitation to carefully read these General Terms and Conditions of Online Sale;
Check the order summary information;
Confirm the order by clicking on the appropriate button.
The Client may correct or amend all data entered before sending his binding order.
The Site and its services are available in English.
As soon as the Seller receives the order from the Client, he sends a confirmation e-mail, in which the data referred to in Section 2.2.3 are also stated. It is the Client's responsibility to ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, it is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or third parties commissioned by the Seller with order processing can be delivered.
Together with the sending of the order confirmation and summary e-mail, the Client will be charged the amount corresponding to the Product(s) purchased. In the event that payment is not successful or in the event of fraud or attempted fraud through the use of the Site, the Seller reserves the right to suspend or cancel, at its own discretion and at any time, the execution of an Order and/or the shipment of ordered Products.
The Seller shall send, to the same e-mail address indicated by the Client, the invoice corresponding to his order, using the data indicated by the Client. Once the invoice has been issued, it will no longer be possible to change the data it contains.
The Client guarantees that the information provided during the registration process is complete, correct and true.
PRICE, SHIPPING COSTS AND DUTIES, PAYMENT METHOD
The prices indicated are final prices and include the applicable value added tax (VAT). Any additional shipping costs will be specified separately.
The Seller reserves the right to change the price of the Products and shipping, at any time, without prior notice and without the need for justification and specification; however, changes will not be applied to Orders already sent and accepted.
For shipments to countries outside the European Union, additional costs may arise that are beyond the Seller's control. Such costs shall be borne by the Client. These expenses are, for example, money transfer fees (transfer commission, exchange commission) or customs or import duties.
The Client is responsible for complying with customs fees and formalities (IGIC, VAT, IPSI, ea), tariffs, handling charges and any other taxes, fees or charges of any kind that his country may require to import consumer goods.
Payment can only be made using one of the methods indicated on the Site (Mastercard, Visa, Klarna, PayPal, American ExpressBank Transfer (+2 working days)). The Seller, having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment in terms of the security of online transactions - does not assume any liability for any fraudulent, illegal or irregular use of credit cards, cheques or other means of payment, attributable to wilful or negligent conduct of the Client with respect to the obligations of safekeeping and prompt information to the issuer of the aforementioned means of payment.
Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the Client may be required to complete the purchase process by fulfilling the authentication criteria required by the payment institution in charge of handling the online payment transaction.
The Seller is not in a position to fully know the Client's credit or debit card information, which is encrypted and handled directly by the third party administering the payment. Therefore, under no circumstances may the Seller be held liable for fraudulent use of credit, debit and prepaid cards by third parties.
SHIPMENT AND DELIVERY CONDITIONS
Generally, the Products are delivered to the delivery address indicated by the Client. When processing the transaction, the delivery address indicated in the order processing documents will be used.
Should delivery to the Client not be possible, the assigned transport company shall return the Products to the Seller and the Client shall bear the cost of the undelivered shipment. This shall not apply if the Client is not responsible for the event preventing delivery, or if the non-delivery is caused by a temporary impediment to receiving the ordered Products, unless the Client notified the Seller prior to dispatch of the Products.
No objection can be raised regarding the shipment itself if the Product has been delivered.
No liability can be ascribed to the Seller in the event of delay in the delivery of the Products by the carrier.
On delivery of the Product, the Client is obliged to check the condition of the Product delivered, as well as to verify the number of Products received and the characteristics of the packaging, which must be intact, undamaged, not wet or altered in any way. To this end, the Seller invites the Client to indicate on the carrier's transport document any anomalies and exterior defects found and to notify the Seller within 2 working days of the complaint concerning the exterior characteristics of the delivered goods. Failure to follow the correct procedure excludes any recourse against the courier, including the right to reimbursement of the Order and/or return of the ordered Products.
The Seller shall use its best efforts to ensure that access to the online shop on the Site is provided without interruption and that transmissions are error-free. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. In addition, access to the online shop and/or Site may also be occasionally suspended or limited to allow for repair or maintenance work, or the introduction of new activities or services. The Seller shall use reasonable efforts to limit the frequency and duration of these suspensions and limitations. The Vendor reserves, however, the right to suspend/cease, at short notice and without penalty, any and all promotion, marketing, sale, supply of goods and/or services through the Site.
The Seller shall not be liable for (i) any loss that is not a consequence of its breach of these terms and conditions or (ii) any loss of business opportunity (including lost profits, revenues, contracts, assumed savings, data, goodwill or unnecessarily incurred expenses) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, either by itself or by the Client, at the time the Client began using the Site.
The Seller shall not be liable for any delay or non-performance of its obligations under these General Terms and Conditions of Online Sale if the delay or non-performance results from unforeseeable circumstances or force majeure. This provision shall be without prejudice to the Client's statutory rights, and in particular the right to receive the purchased goods within a reasonable period of time or to be reimbursed in the event of non-delivery due to circumstances arising out of unforeseeable circumstances or force majeure. The laws of some countries may prohibit the limitations of liability set forth herein. In the event that such provisions are applicable, the limitations of liability set forth herein shall not apply and you may be entitled to additional rights. Nothing contained herein shall limit or exclude the Seller's liability for death or personal injury caused by our negligence or caused by intent or gross negligence.
In the event that the Products ordered are, for whatever reason, no longer available in whole or in part, the Seller, via email, may inform the Client of: i) the new waiting times for processing the order, ii) the alternative products to replace those no longer available, iii) the unavailability of the Product. If the Product is no longer available, the Seller shall only refund the amount corresponding to the Products that have already been paid for but have become unavailable.
Conformity of the goods to the Online Sale Agreement is guaranteed to the Client within two years (2 years) from their delivery.
If the goods do not conform to the Online Sales Agreement, the Client may request repair or replacement of the purchased goods. If repair or replacement is impossible or unreasonably expensive, or if the Seller has failed to repair or replace the goods within the agreed time period, the Client may, at its discretion, demand a price reduction or termination of the Online Sales Agreement.
The Client shall forfeit any right relating to the conformity of the goods with the Online Sales Contract if he does not report the alleged lack of conformity to the Seller within two months (2 months) from the date of its discovery.
Specifically, in order to benefit from the Legal Warranty, the Client must first provide proof of the date of purchase and delivery of the goods. The Client must therefore keep the purchase invoice or any other document that can certify the date of the purchase (e.g. payment card statement) and the date of delivery.
The Client must contact the Seller's Customer Service, reporting the missing, defective, damaged or non-conforming Product(s), in order to find out how to return the damaged, non-conforming and/or defective Product(s). Generally, a defective Product will have to be returned with all its accessories to a Repair Centre authorised by the Seller.
The decision on the application of the warranty can only be made by the technicians at the Seller's Repair Centre. Should the Seller be obliged to reimburse the Client, in whole or in part, for the price paid, the reimbursement shall be made, where possible, by the same means of payment used by the Client when purchasing the goods, or, alternatively, by bank transfer.
The warranty is void if:
changes are made to the Product without the Seller's consent or if repairs are carried out by persons other than the authorised Repair Centre technicians;
the damage or defect complained of refers to parts that by their nature are subject to wear and tear ( for example, but without limitation: mechanical seals, bearings);
the Client is not in possession of a fiscal or delivery document proving the date of delivery or purchase;
the damage or defect complained of results from improper use of the Product, or is caused by incorrect installation, or tampering by persons not authorised by the Seller.
It should be noted that the Vendor shall not be liable for any indirect or consequential damages suffered by anyone as a result of any defects or malfunctioning of the Products delivered.
APPLICABLE LAW - JURISDICTION
Any dispute between the Seller and the Client concerning the application, performance and interpretation of these General Terms and Conditions of Online Sale shall be governed by Dutch law and, unless derogated, by the courts of the consumer's jurisdiction.
The Consumer also has the possibility of resolving any disputes relating to the purchase of the Products via the online dispute resolution platform, available at http://ec.europa.eu/consumers/odr/.
RIGHT OF RECESSION
The Client has the right to withdraw from this Online Sales Agreement within 14 calendar days even without justification. The withdrawal period shall commence on the day on which the Client or his delegate, other than the courier, has acquired material possession of the goods.
In order to exercise the right of withdrawal, an express declaration must be sent to the Seller before the expiry of the withdrawal period, by e-mail to the following address: SOLVERMEDIA BV, Stationsplein 91, 5211 BM, Den Bosch -The Netherlands.
The declaration of withdrawal must contain the following information:
Name, Surname and Address of the consumer who placed the order
Order number (order confirmation number received)
Date of transmission of the order
Date of receipt of the Product
Alternatively, it will be possible to fill in the appropriate form, Annex A, attached to these General Terms and Conditions of Online Sale.
The Client is required to deliver the Products, suitably protected and packaged and strictly using the original box, to the Seller at the following address: SOLVERMEDIA BV, Stationsplein 91, 5211 BM, Den Bosch -The Netherlands without undue delay and, in any event, no later than 14 calendar days from the date on which the decision to terminate the contract is communicated. The deadline shall be deemed to have been met if the goods are returned before the deadline expires. The costs of returning the goods shall be borne by the Seller. The Client shall be liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
In the event of withdrawal, the Seller shall reimburse all payments received, including delivery costs (with the exception of additional costs resulting from the choice of a different delivery method than the least expensive delivery method offered by the Seller) without undue delay and, in any event, no later than 14 calendar days from the date on which the Client informed the Seller of the decision to withdraw from this contract. The Seller shall make such reimbursement using the same method of payment used by the Client for the initial transaction, unless expressly provided otherwise.
The Seller shall in any event be entitled to withhold the refund until it has received the Product(s) or until the Client has presented proof of return of the goods, whichever is sooner.
INTELLECTUAL PROPERTY RIGHTS
Any content on the Site, including but not limited to the logos, graphics, colours, images, tools, fonts and design of the website, layout, and functions forming part of the Site, are protected by copyright and any other intellectual property rights belonging to the Seller and any other right holders. The reproduction, in whole or in part, in any form whatsoever, of the Site and its contents is prohibited without the express written consent of the Seller.
All trademarks, illustrations, images and logos on the Seller's products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the Manufacturer and are licensed to the Seller. The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for whatever reason and on whatever medium, without the prior express agreement of the Seller is therefore prohibited.
Personal data acquired through the Site shall be collected and processed by telematic/informatic means and, if necessary, in paper form for the following purposes: i) to process the order; ii) to proceed with the execution of the purchase and facilitate navigation through the Site and; iii) to comply with legal obligations; iv) to manage commercial relations in order to better carry out the services requested. In the absence of communication of the Client's personal data, the Seller shall not be able to process his order.
These General Terms and Conditions of Online Sale may be amended from time to time by the Seller also in consideration of possible regulatory changes. The new General Terms and Conditions of Online Sale shall be effective as of the date of publication on the Site.
The possible invalidity or ineffectiveness, in whole or in part, of one or more of the clauses of these General Terms and Conditions of Online Sale does not entail the invalidity or ineffectiveness of the other clauses or of that part of the clause that are valid and/or effective.
Any tolerance by either Party of conduct of the other Party in violation of the provisions contained in these General Terms and Conditions of Online Sale does not constitute a waiver of the rights arising from the violated provisions nor of the right to demand the exact fulfilment of all terms and conditions herein.
To request information, assistance in the execution of the purchase procedures set up by the Seller, as well as to make a complaint, the Client is invited to contact, without delay, the Seller's Customer Service by the following means:
E-mail: ___________________ .
Registered mail with return receipt to the address: SOLVERMEDIA BV, Stationsplein 91, 5211 BM, Den Bosch - The Netherlands