The client admits that Dialstar SL is the holder of the information that has been facilitated to him, and of the rights of Industrial and Intellectual Property relative to the marks Dialstar SL.
The client commits himself to:
to use the (confidential) received information for definitely proper ends.
The client accepts irrevocably the general conditions of sale and of delivery, as well as our particular conditions, even if these conditions are in contradiction with the general and particular conditions of the client.
The general and particular conditions of the client do not link Dialstar SL, unless Dialstar SL has accepted them definitely in writing. The celebration of a buying and selling between Dialstar SL and the client, without showing its disagreement as regards the general or particular conditions or other dispositions established by the client, does not imply the Dialstar SL conformity with the same ones.
It will be presumed that any person who acts on behalf of the client, already is a manager, a collaborator, etc., is a representative of the same one and he has sufficient powers to act as as such and to link.
The intermediaries, agents or technical staff of Dialstar SL are not authorized to realize acts that link it, unless its offers are confirmed in writing by Dialstar SL. Dialstar SL reserves the right to cancel the orders carried out without its assertion.
On having realized an order using this web page or other solutions of electronic commerce of Dialstar SL "the program", the client accepts definitely the application of these general conditions to the realized deals using this way. The program allows the client to be able to consult the prices of Dialstar SL., the stock of products and the orders emission for electronic means. Restricted by means of the definition that there does the client of the use of the same one that the authorized users could do.
The client shows that the person who uses the program in its name is a user authorized by himself and has aptitude to express orders of products and Dialstar SL services in name or due to the client. The safety of the key of access (passcode) of the program is a responsibility of the client, who must insure himself that every authorized user uses his own key of access, which will be expressed by previous Dialstar SL client request for such an end.
On having expressed an order, the client can use combines or individually a combination of account name, number of account and other forms of identification including a key of access (passcode) or another code of access facilitated to the client (it combines or individually designated like "keys of access and/or identification of the client").
It is an obligation of the client to maintain the confidentiality of su/s clave/s of identification. The client will inform immediately Dialstar SL if the loss or loss of la/s clave/s takes place or in case of abuse or try of abuse of la/s clave/s of the client or of another guy of identification of the client.
The client accepts that any order expressed across the program of electronic commerce or another electronic media in that the la/s clave/s use is necessary is an order valid and binding on the client, and, in avoidance of any type of doubt, it will have for both parts one value equivalent to that of an order realized in writing.
The client admits that Dialstar SL cannot guarantee the Internet safety and that there exists the possibility that they are intercepted or manipulate information or information transmitted by the client to Dialstar SL.
The client will have a right to change, to add or to exclude its information of the web by means of notification in writing to Dialstar SL. Dialstar SL will proceed to realize the changes, additions or exclusions requested in 12 p.m. following the receipt of the request written for such an end.
Dialstar SL can in any moment modify these general conditions. The client will be able to proceed to denounce the contract and stop from the use of the access to the program by means of notice written with 2 weeks of advance. If in the mentioned term any notification had not been received, Dialstar SL will understand that the client has accepted the modifications.
Dialstar SL and the client will be able to give for the contract completed in any moment and for any reason with a notice of 15 days. Dialstar SL will have a right to give for the finished contract and to refuse the access with immediate effect if the client breaks some of the present general conditions. Dialstar SL can finish also the access of the client to the program and ring finger la/s clave/s of identification and/or access if the client has not carried any order out using dicha/s clave/s during a period of 365 consecutive days.
Dialstar SL reserves the right to accept or to push back any order of buy sent across the program.
The client accepts that the only papers facilitated by Dialstar SL as regards the buy and form of payment of the services acquired across the program of electronic commerce are a commercial invoice.
Both parts agree that Dialstar SL will not be responsible for any type of damage of the accessory, the direct or indirect, emergent or special one that takes place with motive or as a result of the electronic transmission of orders or of another information even if Dialstar SL was informed about the possibility that such damages should take place.
The client resigns from any present or future opposition to the validity and ejecutabilidad of any expressed order using the electronic commerce program alleging that the above mentioned order was expressed and authorized by electronic means.
The client is responsible for all the expenses and costs of use of the program, including without exhaustive character, the expenses of consumption and telephone connection, I equip of telecommunications, etc.
The offers and price-lists have carácer purely indicative, Dialstar SL being reserved the right to modify the above mentioned prices without previous notice. The orders will be accepted by reservation of a possible change in the price.
In the price there are included neither the expenses of transport, nor the supplementary valuations. These expenses or valuations will run in charge of the client.
Nevertheless to the previous thing, in the invoice that Dialstar SL expresses, the tariff will take as a base in force at the moment of the supply, with independence of the price indicated in advance.
The period foreseen for the delivery of the material are merely informative, without being binding on Dialstar SL.
It is an indispensable condition that at the moment of the reception of the goods is indicated, in the proper delivery note that signs the transporter, any incidence that could exist relative one to the state of the same one, of the packing or of the number of bundles.
Also it is essential that one communicates by fax, e-mail or to Dialstar SL the above mentioned incidence, in a minimal period of 5 working days from the reception of the material, to the department of attention to the client.
The client, can send to Dialstar SL any claim as regards the given product. The claim will have to be sent to the Dialstar SL offices preferably by e-mail or across our web www.dialstar.eu/MARKET. In her the following information will have to be included:
a) The number of the invoice of buy.
b) The number of client.
c) The number of reference of the product and the serial number of the same one.
d) The number of units which return is requested.
f) An exhibition of the motives of the claim.
On having received this information, www.dialstar.eu/MARKET reserves the right to authorize or not the requested RMA, depending on the state of the product and of its guarantee.
www.dialstar.eu/MARKET will only accept the return of the product if the following circumstances happen:
that the client returns the product in the same original state (without desprecintar and without previous manipulation) in that he was delivered to himself in its origin packing without inscription of the client.
That in the mailing tag there appears clearly the number of return (RMA), obtained of the department of attention to the client (never on the packing).
That as soon as the RMA was obtained, sends to himself the product inside 3 following weekdays. It is fixed for saying RMA, a maximum term of reception of 10 days from which he will remain annulled.
If a product is received and that this one does not fulfill the requisites of the RMA, one will be sick to the client to due freightages.
The request of return of a material for rotation of inventory or annulment of the client, should be realized in a minimal term of 14 working days from its reception.
Dialstar SL will be able to accept of optional form the above mentioned return in the minimal space of 14 days from the date of invoice of Dialstar SL.
For its intermediary's condition, the guarantee that covers the product dedicated to the client, limits itself to the extended one by the manufacturer. This guarantee only covers the physical imperfection of the material support. The Dialstar SL intervention limits itself only to the procedure of the simple change of the defective pieces, any time the guarantee of the manufacturer foresees such a measurement.
The guarantee is applied any time the product that is delivered to the client, is used under the normal conditions of development, such like those who are described in the catalogs, in the instructions and in the manuals put at the disposal of the user. In no case it is guaranteed that the given product is suitable to answer to a particular problem of the user.
Dialstar SL is not forced to indemnify the user or to third for the consequences of the incorrect use of the product, be already direct or indirect damages, accidents suffered by persons, damages to the goods foreign to the product, losses of benefit or dismissed lucre, damages that come or that come from a deterioration, or losses of information recorded by the user.
Dialstar SL assumes the freightages in both senses in case of DOA (Defect in the delivery of the material). If once checked, the product turns out to be of correct functioning, the same one will be returned to the client, this one owing to pay the corresponding expenses of transport and a valuation of 30 € for the expenses of manipulation and of cross-check.
The freightages back for defective products inside the warranty period are due to the client since the manufacturer does not include inside the guarantee the cost of the freightages of mailing of the material for its repair.
The rights of intellectual property of the programs that offer themselves the client are of entitlement of the manufacturer. The client is granted only and exclusively a use license.
The client is forced to:
a) To look over the confidentiality of the programs.
b) To abstain of:
- To modify the product, is which it will be the form.
- To make imitations of the product.
- To allow that an imitation of the same one to be made or of favoring such an action is which it will be the form.
The user, is which it will be the form, it will not be able to yield, grant, pawn, modify, or give these programs, be already to onerous or free title.
Dialstar SL does not take responsibility of the possible violation of rights of commercial protection or of rights of intellectual property of third, that the commercialized products could incur. The Client will have to inform immediately Dialstar SL of any claim for such a motive.
The invoices expressed by Dialstar SL, corresponding to the given products, will be sent to the client at the moment of the delivery of the products.
The payment of the invoice in no case will be subject to the installation or starting of the products.
If the invoice is expressed, on request of the client, addressed to a third one, both the client and the third one remain jointly forced to answer of the payment of the same one and of the rest of the obligations that should stem from the general and particular sale conditions.