WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of July 10, 2003 on Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case any of them is not applicable:
a) They conform to the description provided by ADAJUSA.
b) They are suitable for the uses to which the products of the same type are ordinarily destined.
c) Are suitable for any special use required by the customer when it has made it known to ADAJUSA. at the time of the conclusion of the contract, provided that it has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by ADAJUSA.
e) ADAJUSA describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by ADAJUSA or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. No liability will be accepted for any lack of conformity that the USER knows about or could not have been unaware of at the time of the conclusion of the contract or which originates in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
ADAJUSA will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. ADAJUSA recognizes the USER's right to repair the product, to its replacement, to a price reduction and to the termination of the contract.
III) Repair and replacement of the products
1. If the product does not conform to the contract, the USER may choose between demanding the repair or replacement of the product, unless one of these options proves impossible or disproportionate. From the moment the USER informs ADAJUSA of the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on ADAJUSA that, in comparison with the other form of remedy, are unreasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the USER, will be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the USER.
This free of charge will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract provided that they are within the first 14 days of receipt. However, after the first 14 days it is the USER who will cover the shipping costs.
b) They will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The suspension period will begin when the USER places the product at the disposal of ADAJUSA and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product,
ADAJUSA will be responsible for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the periods referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII shall be applicable to the substitute product.
e) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of article IV, or the reduction of the price or the termination of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
h) For the articles with "in situ" guarantee offered by the manufacturer, this will only be applicable in the Spanish peninsular territory.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
1.ADAJUSA is liable for any lack of conformity that becomes apparent within a period of one year from delivery.
In the absence of proof to the contrary, it will be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the product.
4. The USER must inform ADAJUSA of the lack of conformity within one month of becoming aware of it.
Unless there is evidence to the contrary, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When it is impossible or excessively burdensome for the USER to contact ADAJUSA due to a lack of conformity of the products with the sales contract, the USER may claim directly against the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer's liability ceases, under the same terms and conditions as those established for ADAJUSA, the producer will be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign. Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.