1. Scope of application, conclusion of the contract

1. These General Terms and Conditions of Sale and Delivery (hereinafter also referred to as the GTC) apply exclusively to all supplies and services in our business operations in Spain and Portugal with entrepreneurs, commercial companies, legal entities under public law or any special assets under public law (contracts with the public administration may be subject to bidding conditions and these GTCS shall not apply),  even if we do not explicitly refer to them in future transactions and are incorporated by reference into all contracts entered into between us and the Client.

We hereby object to all those general terms and conditions of the Client that are divergent and contradictory. We do not accept such conditions, even if they are attached to requests for quotations, offers, orders, notifications of acceptance and the like. The unconditional receipt of our products and services must in any case be considered as the approval of our GTC by the Customer. The above must also apply to other conditions not included in our GTC. In the event of any discrepancies with the Customer's General Terms and Conditions of Sale, these GTC shall apply. The Client hereby acknowledges having received these GTC and expressly accepts their application. These GTC shall also apply to all future contracts between us and the Client, with the simultaneous exclusion of the Client's general terms and conditions that differ.

2. Our offers are subject to confirmation, especially with regard to prices, quantities, delivery times and deliverability. A contract is only concluded after the Customer's order and our acceptance of it. We have the right to accept the order within two (2) calendar weeks of receipt of the order by sending an order confirmation or delivering the products to the Customer. We reserve the right to inform the Customer within two (2) calendar weeks of receipt of the order that we have rejected the order.

2. Prices, products and payment terms

1. The prices of the products indicated through the website do not include VAT, this will be applied to the invoice. The prices also do not include the costs corresponding to the shipment of the products, which are detailed separately and must be accepted by the Customer.

2. The Company informs the Customer that the number of units available is kept up to date with stock in stock and availability by our suppliers. In no case will the Company intentionally put up for sale more units than it has or the supplier has reserved for it.

3. The Company will make every effort to please all its Customers in the demand for the products. However, on occasions and due to causes that are difficult for the Company to control, such as human error or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order placed by the Company to satisfy the Customers' orders.

4. In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the order in its entirety. If, as a result of this cancellation, the Client wishes to return the delivered product, he/she must follow the stipulations in the Return section.

5. The customer agrees to pay under the agreed conditions. The initial price listed on the website for each of the products offered will be added to the relevant shipping costs, if the order is less than €300. In any case, these rates will be communicated in advance to the Client before formalizing the purchase itself.

6. The receipt or proof of purchase that corresponds to the purchase order will be available and can be viewed in www.dunigroup.com in the "My Account" and "My Orders" sections.

7. The Client must pay the amount corresponding to their order by payment via PayPal, credit or debit card (Visa, Mastercard, Visa Electron and/or other similar cards), transfer or deposit into an account. The card with which the payment is made must have as its issuing financial institution a bank or savings bank in the country where the transaction is carried out, Spain or Portugal.

8. The Customer must notify the Company of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that the Company can take the appropriate steps.

3. Order Fulfillment and Cancellation

1. Once the order has been formalized, i.e. with the acceptance of the Terms of Use and the confirmation of the purchase process, the Company will always send an email to the Customer confirming the details of the purchase made.

2. The Company will accept order cancellations when requested prior to shipment of the order. To request cancellation, you must request it by sending an email to servicio.clientes@duni.com.

4. Reservation of ownership and risks

1. DUNI IBERICA, S.L.U., retains ownership of the goods sold until the effective payment of the principal amount and the supplements is made. The delivery of the product will not be made until full payment according to the conditions indicated at the time of purchase.

2. In the event of incomplete or irregular payment for any reason, or in the event of an incident in payment, the Company reserves the right to suspend or cancel the delivery of orders in progress, as well as its right to claim damages in the event of non-payment.

3. These provisions do not constitute an obstacle to the transfer to the customer, as soon as delivery, of the risks of loss and deterioration of the goods purchased, as well as of the damage that may be caused to them.

5. Customer's Obligations

1. The customer is responsible for verifying that the data provided to the Company during the order is true and complete, especially the delivery address.

2. The customer is responsible for the data provided during registration and when placing the order.

6. Delivery times, delivery interruption and delay

1. Delivery times are approximate. They will only be binding if they have been classified as binding in writing.

2. Delivery times will vary depending on the products, measurements and place of delivery. Delivery times are indicated in working days (Monday to Friday), and will begin to count from the confirmation of payment. If payment is received for the order placed after 12 noon, it will be processed the next business day. If payment is not made at the time of placing the order, the delivery time may vary, unless it is desired that the goods be delivered later than the scheduled date.

3. If the Customer delays delivery for several days, regardless of the items purchased or the form of payment, the order will be cancelled. In the event of order cancellation, the items are returned to the warehouse with the rest of the goods.

4. If the Client has not retained their order and delays delivery of their own volition for more than 5 days, once the notification of notice has been received by the logistics agency, all the expenses caused by the report of the goods to our premises will be borne by the Client, as well as the subsequent reshipment of the same. Likewise, if the person in charge of receiving the goods is not at the delivery address indicated, on the date and time slot agreed with the transport agency, the costs incurred by the return of the goods and their subsequent delivery will be borne by the Customer.

5. The conformity of the order also implies the acceptance of the delivery times that are determined.

6. Unforeseeable and unavoidable circumstances outside the Company's area of influence and any circumstances for which we are not responsible will relieve us for their duration of our obligation to make deliveries or services.

7. Once the order leaves our warehouse, you will be sent an email notifying you that your order has been accepted and is being shipped.

7. Delivery, risk transfer and transport

1. The agency will make shipments from Monday to Friday in the morning or afternoon.

2. In all cases, the delivery address will be the one provided by the Customer at the time of processing the order, regardless of the one that may appear on the platform from which the payment was made. The subsequent change of the delivery address can only be made if the purchased goods have not yet left our logistics centers, for which you must contact us.

3. If you are not at the address indicated at the time of receipt of the goods, the carriers will leave you a notification with a contact telephone number to arrange a new delivery. If after 7 working days after the delivery of the order the delivery has not been arranged, the Client must contact The Company. In the event that the Client does not do so, after 10 working days from the delivery of the order, it will be returned to our warehouses and the Client must be responsible for the shipping and return costs of the goods to the origin, as well as any associated handling costs. In the event that the order is returned, unless it is defective, the shipping and return costs will be borne by the customer.

8. Liability of the parties

1. The Company is not responsible for any typographical errors that may result in an error in delivery. Nor is it responsible for possible errors made by the Client or for the Client's failure to comply with the delivery methods and the appointment that the Client has arranged with the carrier.

2. The Company shall not be held liable for damages resulting from misuse of the products by the Client or in cases of unforeseeable circumstances or force majeure. Fortuitous or force majeure events that exempt from liability are considered all those events or circumstances that are unavoidable, unforeseeable or independent of the will of the parties, especially in the event of a total or partial strike by carriers, and natural disasters, such as floods or fires.

3. The Customer chooses and purchases the products at his own risk. Therefore, the total or partial impossibility of using the products due to material incompatibility cannot give rise to any compensation or liability claim against the Company, except in the case of a proven hidden defect, lack of conformity, imperfection or the exercise of the right of withdrawal provided for by the consumer code.

9. Right of withdrawal

1. The customer, if he is a consumer in accordance with current legislation, has 14 calendar days from the date of delivery of the product to exercise his right of withdrawal and withdraw from the contract without any justification in order to make an exchange or obtain a refund.

This right of withdrawal will not be held by Customers who do not have the status of Consumers according to the legislation in force at any given time.

2. Delivery shall be deemed to have been made on the day on which the Client or a third party indicated by the Client acquires physical possession of the goods ordered or:

1. 1. In the event of delivery of multiple goods ordered by the Client and the user in the same order and delivered separately, on the day on which the latter or a third party indicated by the Client, other than the carrier, acquires physical possession of the last of the goods.

1. 2. In the case of delivery of a good consisting of multiple components or parts, on the day on which the Customer and user or a third party indicated by him other than the carrier acquires physical possession of the last component or piece.

3. The customer may not exercise their right of withdrawal in the case of personalised products in accordance with the conditions established in these GTDC or in the case of sealed products or goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery, or in the case of items that have been discontinued.

10. Return procedure

1. All products purchased from the Company may be returned and refunded, provided that the Customer notifies the Company of their intention to return the purchased product within a maximum period of 14 working days from the date of delivery and that the rest of the conditions established in this section are met.

2. The Company will only accept returns that meet the following requirements:

1. 1. The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.

1. 2. The shipment must be made using the same box in which it has been received to protect the product. In the event that it cannot be done with the box with which it was delivered, the Customer must return it in a protective box in order for the product to arrive at the Company's warehouse (the product is defective, it is not the one he had ordered, etc.), the amount of the return will be refunded. If the reason is different (the products were served correctly but are not to your liking), the cost of the return costs will be borne by the Customer.

1. 3. That the product has not been discontinued.

3. To proceed with the return, the following steps must be followed

1. 1. Inform within 7 calendar days of receipt that the product wants to be returned. The information can be made via mail to servicio.clientes@duni.com or through the customer service form.

1. 2. The Company will inform the Customer of the address to which the product must be sent.

1. 3. The Customer must send it by a courier company of their choice. The return must be paid by the Customer.

1. 4. Inform of the courier company used, date and time of the return.

11. Customer Refunds

1. The return of the products will result in a refund equal to the cost of the returned products.

2. Only in the event that the delivered product is defective or incorrect, the Company will reimburse the Customer for the corresponding shipping costs.

3. Returns and partial cancellations will result in partial refunds. The Company will manage the return order under the same system that was used for payment within three days of the confirmation of arrival at the warehouse of the returned order. The application of the refund to the Customer's account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.

12. Product quality, technical advice, use and processing of products, warranties

1. The Company acts as a distributor of manufacturers who guarantee that the products presented for sale in www.dunigroup.com function correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use.

2. The contractual warranty offered is the one usually granted by the manufacturer. Once the Customer has received the product, he will have, if applicable, the instructions provided by the manufacturer in his box, sufficient for the correct use and installation of the product, and all the information about the warranty. No Customer may request a warranty longer than that stated therein.

3. In the event that the product proves to be defective, The Company and the Client may agree on the following options:

1. 1. That the Company collects the product, assuming the costs and replacing it with a non-defective product.
   2. To have the money refunded to the Customer.

4. The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, wear and tear, installation and use not in accordance with the Manufacturer's instructions. 

5. Products modified or repaired by the Customer or by any other person not authorized by the Manufacturer are excluded from the warranty. The warranty shall not apply to apparent defects and defects in conformity of the product, for which any claim must be made by the Customer in question within 7 days of delivery of the products. The warranty will not cover products damaged by improper use.

13. Customer claims in case of defects and prescription

1. In the event that your shipment is damaged due to transport, you must indicate the anomalies on the carrier's delivery note, sign it and, if possible, photograph it. Claims for this concept that have not been recorded on delivery will not be admitted. Remember not to throw away the packaging of the products until you check that they are in perfect condition, and verify that all the items match those you ordered.

2. The Client undertakes to notify the Company of these defects by email as soon as possible, within 24 hours of delivery. From that moment on, incidents of this type will not be attended to (only parts under warranty).

14. Exclusion of Liability, Limitation of Liability

The Company's liability for breach of the contracts executed under these GTC is limited to direct damage and, therefore, the Company shall not be liable in any case, nor shall it indemnify or compensate for loss of profit and/or consequential and/or indirect damages, whatever their nature (including,  including but not limited to loss of profits, loss of customers or business opportunities), incurred by the Customer or a third party in connection with the supply of the Products. The Company's general liability shall expire within one (1) year from the effective date of delivery.

The Company's total liability is limited, at most, to the specific price of the contract for the sale of Products giving rise to the liability. For this purpose, each supply of Products is considered a separate contract.

In no case shall the Company be liable to the Client or third parties for acts or supplies carried out on the basis of confusing, erroneous, incomplete, untruthful or false or careless information, which has been provided, directly or indirectly, by the Client.

15. Intellectual and Industrial Property

1. The Company holds all rights over the content, design and source code of this website and, in particular, including but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included on the website.

2. Clients and Users are advised that such rights are protected by current international legislation relating to intellectual and industrial property. Likewise, and without prejudice to the foregoing, the content of this Website is also considered a computer program, and therefore, all current Community regulations on the matter are also applicable to it.

3. The total or partial reproduction of this Website, or any of its contents, without the express written permission of the Company is expressly prohibited.

4. Likewise, it is strictly forbidden to copy, reproduce, adapt, modify, distribute, commercialize, publicly communicate or any other action that entails an infringement of current Spanish and/or international regulations on intellectual and industrial property, as well as the use of the contents of the Website without the prior express written authorization of the Company.

5. The Company informs that it does not grant any licence or implicit authorisation on intellectual and industrial property rights, or on any other right or property related, directly or indirectly, to the contents included on the Website.

6. The use of the contents of the web domain is only authorised for information and service purposes, provided that the source is cited or referenced, and the user is solely responsible for their misuse.

16. The place of performance, applicable jurisdiction, applicable law

These Terms and Conditions are governed by the applicable law of the state where delivery is made, Spain or Portugal. To resolve any controversy or conflict arising from these Conditions, the parties submit to the jurisdiction of the courts of the city of Barcelona for deliveries made in Spain, and of the city of Lisbon for deliveries made in Portugal.

Legal statement

The materials on this website (the “Site”) are provided by Duni AB, as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below.

By downloading any materials from this site, you agree to these terms. If you do not agree to them, do not use the site or download any materials from it.

Trademark Information

All names, logos and trademarks are the property of Duni, its affiliates, related companies or its licensors or joint venture partners.

Duni’s trademarks and brand names may be used only in accordance with the use permitted according to this Legal Statement or with the prior permission from Duni.

Any use of Duni’s trademarks in the advertising and promotion of Duni’s products requires proper acknowledgement.

Restricted Use/Single Copy License

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software is the property of Duni or its content suppliers and is protected by Swedish and international copyright laws. Unauthorized use or distribution of any materials at this Site may violate copyright, trademark, and/or other laws and is subject to civil as well as criminal sanctions.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial use that is not expressly permitted by Duni. You may download one copy of the information found on Duni sites on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise by Duni in writing.

You may neither modify, use or transfer the information for any commercial purposes; nor remove any copyright or other proprietary notices from the information. You agree to prevent any unauthorized copying of the materials and to ensure that all employees - if applicable - of your organization adheres to these limitations.

Duni does not grant any expressed or implied right to you under any patents, copyrights, trademarks or trade secret information.

Disclaimer of warranties

The information contained herein is provided “as is” without any expressed or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In case Duni is linking to the webpage of a third party, such linking is for the convenience of users only and Duni will have no liability for the content or accuracy of information contained in such webpage.

In no event shall Duni be liable for any damages whatsoever including, without limitation, damages for loss of profits, business interruption, or loss of information, arising out of the use of or inability to use the information, even if Duni has been advised of the possibility of such damages.

Duni further does not warrant the accuracy or completeness of the information, text, graphics, links or other items that may be contained within this information. Duni may make changes to this content, or to the products described therein, at any time without notice. Duni makes no commitment to update the information or other materials entered in this Site.

User Submissions

Any material, information or other communications you transmit or post to this Site will be considered non-confidential, non-exclusive, royalty-free, irrevocable, fully sub licensable and non-proprietary (“communications”). Duni will have no obligations concerning the communication.

Duni will be free to disclose, copy, distribute, incorporate and/or otherwise use the communications, together with all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes.

In case you submit personal data to this Site or otherwise to Duni, you hereby consent to Duni´s use of such data for the purposes of evaluating your information and market Duni´s products and services, including a right to transfer the data to third countries and post information on Internet. Duni will be responsible under Swedish Law for such processing of personal data and you can contact Duni in case of incorrect data or other issues related to the personal data.

Other

Duni may revise these Terms at any time by updating this posting.

Duni reserves in its sole discretion, the right to (1) change this Legal Statement; (2) monitor and remove postings; and/or (3) discontinue site availability at any time without notice.

If any term, condition, or provision of these Legal Statement is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.