Terms and conditions
1. Information about us and how to contact us
1.1 These general terms and conditions (“General Terms and Conditions”) cover the use of the website “Stand by Me” (the “Website”). These conditions are also applicable whenever an order is placed via the Website.
1.2 DAIKIN A.C. SPAIN S.A. (“DACS” or “we” or “us”) is a company registered in Spain with registered office at Avenida de los Poblados 1, Edificio Alvento A/B, plant 4a, Parque Empresarial Alvento, 28033 Madrid. The company registration number is M-245679 and the VAT number is A-82527458.
1.3 We can be contacted by telephoning the following number 91 179 25 41 or by writing to a standbyme@daikin.es o Daikin AC Spain C/ Vía de los Poblados, 1 Edif. Alvento A y B 4ª Planta, 28033 Madrid
1.4 DACS only supplies the products and services offered on the Website for domestic and private use. Everyone who places an order via the Website (the “End Customer” or "you") confirms that such purchase is for personal use. To place an order for business use, please contact us.
1.5 If we need to contact you, we will do so by telephone or by writing to the email address or postal address provided in the order.
2. Applicability
2.1 These are the General Terms and Conditions on which DACS supplies products and services to the End Customer on the Website. Please read these terms carefully before submitting an order. These terms tell you the End Customer who DACS is, how DACS will provide products and services to you, how DACS and the End Customer may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact DACS to discuss. These General Terms and Conditions are published on the Website.
2.2 These General Terms and Conditions made available to the End Customer electronically in such a way that these can easily be saved by the End Customer on a durable medium and can be easily printed.
2.3 Each of the paragraphs of these terms operates separately. If one of these paragraphs is not legally valid or is unlawful for whatever reason, the remaining paragraphs will remain in full force and effect.
3. The offer
3.1 The offer contains a complete and precise description of the offered products and/or services available. When DACS utilizes images, these are purely for illustrative purposes. Although DACS makes every effort to display the colours accurately, the product may vary slightly from those images due to the device's display of the colours.
3.2 Each offer contains the necessary information so that it is clear to the End Customer what rights and obligations are associated with accepting the offer. In addition, DACS may make changes to the product or service to rectify an error or omission or a problem with supply, but if it does so, the End Customer will be notified and will have the opportunity to end the contract before the changes take effect and receive a refund for any products or services paid for but not received.
3.3 It is always possible that, despite best efforts, some of the products or services may be incorrectly priced. If the correct price at the order date is less than the stated price at the order date, DACS will charge the lower amount. If the correct price at the order date is higher than the price stated, DACS will contact the End Customer for instructions before accepting the order. If DACS accepts and processes the order where a pricing error is obvious and unmistakeable and could reasonably have been recognised as a mispricing, DACS may end the contract, refund any sums paid and require the return of any goods provided.
4. Our Contract with you
4.1 Acceptance of the order by DACS will take place when DACS emails the End Customer to accept the order at which point a contract will come into existence between DACS and the End Customer.
DACS can only process orders if the End Customer has identified himself clearly, completely and correctly.
4.2 DACS reserves the right to refuse orders, in the event of any suspicion of abuse of law, bad faith, fraud, unacceptable commercial purposes. If DACS is unable to accept the order, DACS will inform the End Customer and will not charge the End Customer for the product or service. DACS reserves the right to contact the competent authorities as part of the prevention of fraud.
5. Payment
5.1 The applicable price is the price indicated on the order pages on the Website at the moment when the order is placed. All stated prices include VAT.
5.2 The payment needs to take place before dispatch of the products or commencement of the services. DACS accepts payment via one of the following payment methods: Maestro, Visa, Master Card.
6. Order and payment confirmation
6.1 Upon receipt of the payment, DACS will send a confirmation of the order and payment and delivery details to the End Customer by email. To that end, End Customer agrees to receipt of all invoices in an electronic format. End Customer has the right to revoke his or her consent to receive electronic invoices and will be able to ask to receive paper invoices free of cost at any time by emailing standbyme@daikin.es.
6.2 In the event that the End Customer needs to pay on an annual basis, the End Customer will receive an order and payment confirmation after payment of the first installment.
7. Delivery
7.1 The costs of delivery will be as displayed on the Website. During the order process we will let you know when the products will be provided. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how to end the contract.
7.2 DACS will perform the necessary diligence when evaluating requests for the provision of services.
7.3 The installation address, as entered by the installer during registration on the Website, serves as place of delivery.
7.4 DACS will execute accepted orders in accordance with the agreed delivery term.
8. Change of Mind Rights of End Customer
8.1 Under the Spanish Consumers Act 1/2007, the End Customer has a period of 14 days to change their mind and cancel the contract and receive a refund without stating any reason.
8.2 For the sale of products, the period stated in 8.1 lapses 14 days after:
the day on which the End User or a third party appointed by the End User physically takes possession of the goods unless:
a) when ordering multiple goods that are delivered separately, the day on which the End User or a third party appointed by the End User, who is not the transporter, physically takes possession of the last item of merchandise;
b) in case of a delivery that consists of different shipments or parts, the day on which the End User or a third party appointed by the End User physically takes possession of the last shipment or the last part;
c) for agreements regarding the regular delivery of goods over a set period, the day on which the End User or a third party appointed by the End User physically receives the first delivery of the goods.
8.3 For the provision of services, the period stated in 8.1 lapses 14 days after the day DACS emails you to confirm acceptance of the order. However, once DACS has completed the services the End Customer cannot change their mind, even if the period is still running. If the End Customer cancels after commencement of the services, the End Customer must pay for the services provided up until the time DACS is told of the change of mind.
8.3 The End Customer will carefully handle the purchased product during the 14 day cancellation period. The product can only be used to the extent necessary to determine the nature, characteristics and effect of the product.
8.4 To end the contract with DACS, please do one of the following:
Phone or email.
Online. Complete the Contact form on the website.
By post. Print off the form and post it to DACS at the address on the form.
8.5 The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the End Customer.
8.6 When exercising the right to cancel:
a) DACS may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by handling them in a way which would not be permitted in a shop. If DACS refunds the price paid before DACS is able to inspect the goods and later discovers they have been handled in an unacceptable way, the End Customer must pay DACS an appropriate amount.
b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method DACS offers. For example, if DACS offers delivery of a product within 3-5 days at one cost but the End Customer chooses to have the product delivered within 24 hours at a higher cost, then DACS will only refund what would have been paid for the cheaper delivery option.
c) Where the product is a service, DACS may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when the End Customer told DACS it had changed its mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 DACS will receive all payments from the End Customer immediately and in any event within 14 days after the day on which DACS was notified about the fact that the End Customer wishes to draw upon the repayment right of cancellation. DACS will reimburse the End Customer by means of the same payment method as used by the End Customer. The reimbursement will not involve any costs for the End Customer.
8.8 The End customer does not have a right to change of mind:
8.8.1 upon completion of the services, even if the cancellation period is still running, provided that the services commenced with the express consent of the End Customer and provided that the express acceptance by the End Customer of the fact that the right of cancellation expires after completion of the services;
8.8.2 if the End Customer expressly requests that DACS performs urgent repairs or maintenance (in other words, before the expiration of the period stated in article 8.1);
9. If there is a problem with the product or services?
9.1 If the End Customer has any questions or complaints about the products or services, please contact DACS by telephoning the customer service team at 91 179 25 41 or writing to standbyme@daikin.es or Daikin AC Spain C/ Vía de los Poblados, 1 Edif. Alvento A y B 4ª Planta, 28033 Madrid
9.2 DACS is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of the key legal rights in relation to the products and services. Nothing in these terms will affect the End Customers legal rights.
Summary of your key legal rights
The Spanish Consumers Act 1/2007 goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· If your goods are faulty, then you have the right to choose (if one option is not disproportionate to the other option available whether you want the product to be repaired or replaced.
· Repair and replacement is free of charge for you.
· If your goods can't be repaired or replaced (as it would impose a disproportionate burden on Daikin or would not take place within a reasonable period of time or would cause major inconvenience for you), then you're entitled to request a price reduction or a rescission of the agreement.
If your product is services, the Spanish Civil Code says:
• You can ask us to terminate the service agreement.
• You can ask us to do repeat or fix a service if it's not carried out with reasonable care and skill.
9.3 DACS is not liable for any damage as a result of events outside the control of DACS, wrong use or incorrect handling of a product and/or service purchased by the End Customer.
9.4 If you wish to exercise your legal rights to reject products you must post the products back to DACS. DACS will pay the costs of postage. Please call customer services on 91 179 25 41 or email DACS at standbyme@daikin.es for a return label or to arrange collection.
10. Signature and evidence
10.1 The End Customer accepts electronic evidence.
10.2 The End Customer is personally and exclusively responsible for the accuracy of all data that he or she passes on to DACS.
11. Duration and termination after expiry of the 14-day cancellation period
11.1 The agreement starts at the moment of acceptance of the offer by the End Customer and the acceptance of these General Terms and Conditions and runs until the end of the term of the product or the service that was purchased by the End User as specified in the product description in the Website.
11.2 Even if DACS is not at fault, the agreement can be terminated at all times by the End Customer provided that notice is given to DACS by using the Contact form . A contract for products is completed when the product is delivered and paid for. A contract for services is completed when DACS has finished providing the services and the End Customer has paid for them. If the end-customer wants to end the contract in these circumstances, just contact us by forwarding the filled out form .
11.3 DACS can terminate the agreement with immediate effect provided that a notification email is sent in the following circumstances: (1) if the End Customer has defaulted on payment which is due 30 days after DACS has sent a reminder email and (2) if the End Customer receives an email to perform maintenance and has not performed the maintenance within a period of three months from the date of the email.
12. Liability for use of the Website
12.1 The Website is intended to provide general information of to the End Customer about the products and activities of DACS.
12.2 DACS reserves itself the right to suspend or stop the Website entirely or partially at any moment due to maintenance, updating or any other reason, even without prior warning.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Spanish Consumers Act 1/2007
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
DACS reserves the right to collect personal information of the End Customer both directly via the collection of personal information specified by the End Customer at the time of registration and/or ordering, and indirectly by means of cookies (Cookie policy) in accordance with the Data Protection Policy .
14. Intellectual property
The Website and all parts of the Website, including the material and content (such as pictures and text) and the technology used are the exclusive property of DACS.
DACS is the owner of all intellectual property rights that protect the works and marks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Users who have their own website and who, even for purely personal use, want to establish an automatic link between their own site and the starting page of the Website, must ask DACS for the explicit consent for this. The End Customer must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from DACS or licensors.
15. Authority and applicable law
These terms are governed by Spanish Consumers Act 1/2007 and the End Customer can bring legal proceedings in respect of the products in the Spanish courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the End Customer having to go to court. If the End Customer has a dispute with DACS, DACS will always try to sort things out if the End Customer contacts customer services using the details in section 1.4 above. If the End Customer is not happy with how any complaint has been handled, Alternative Dispute Resolution is available to the End Customer, including online dispute resolution at http://ec.europa.eu/consumers/odr/.