These General Conditions of Sale (the “Conditions”) apply to the sale of all Promientia products.
Please read these conditions carefully before placing your order with Promientia by placing your order you agree to be bound by these conditions..
- General conditions
The information we receive when a purchase order is made is completely confidential and only Prominentia will have access to the data, which will be subject to our PRIVACY POLICY. - Pre-contract information
These general contracting conditions together, where appropriate, with any specific conditions that may be established, shall expressly regulate the relations that arise between Prominentia, with office at Mestral, 10, 08340 Vilassar de Mar (Barcelona), holder of NIF 47698425J, and the Customers who contract the Products offered through the Website:
https://prominentia.com/
These General Conditions have been drawn up in accordance with the provisions of Spanish law, specifically Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, Law 7/1996 on the Regulation of Retail Trade, Law 59/2003, of 19 December, on electronic signatures and any other legal provisions that may be applicable.
The use and/or acquisition of Prominentia products, the characteristics of which are described on the Prominentia website, hereinafter referred to as the “Products”, implies acceptance as a Client, without reservation of any kind, of each and every one of these General Conditions, as well as the Special Conditions which, where applicable, govern the acquisition.
Prominentia informs you that the procedures for purchasing the Products are those described in these General Conditions, as well as any other specific procedures indicated on the screen while browsing our website, so that the Customer declares that they know and accepts these procedures as necessary to access the Products offered on the website.
Any modification and/or correction of the data provided by the Customers while browsing will be possible and must be made according to the guidelines included on the website.
The Products offered on the website, together with their characteristics and price, will appear on the screen. We try to show the physical characteristics of the Products as accurately as possible, but it should be taken into account that the quality, configuration and resolution of the computer monitor can influence the perception of colours, so there may be some slight difference in colour between the real product and the one reflected on the screen.
While we strive to ensure that the information on our website is complete, on occasion the packaging and materials for the Products may contain additional or different information from that shown on our website. Components may also change. We recommend that you do not stop to read only the information available on our website, but that you also read carefully the labelling, warnings and instructions that accompany the product before use.
Prominentia reserves the right to decide at any time which Products it offers to Customers through its website. Thus, Prominentia may at any time include new products or modify those included in the Website, it being understood, unless otherwise stated, that such Products shall be governed by the provisions of the General Conditions in force at that time. Furthermore, Prominentia reserves the right to cease providing access, at any time and without prior notice, to any of the Products offered on the Website. - Purchase procedure
3.1 Registration
In order to purchase the Products, Prominentia requests that you fill in the forms that appear on screen, specifically: (i) completing the electronic form that appears on the website at all times, following the instructions indicated therein; (ii) clicking on the “ACCEPT PRIVACY POLICY” icon/button; and (iii) receiving the receiving confirmation in your e-mail account.
3.2 Order complete
In order to proceed with the purchase of any of the Products, you must follow the instructions on the screen, filling in the order form provided, which implies the reading and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Special Conditions.
When you place your order, we will send you an email confirming receipt of your order. You can, however, modify your order before the order enters the shipping process. - Transport and delivery
4.1.Cost of transport:the price of transporting the Product to your home depends on the quantity, weight and area of delivery. It will be identified on the website at the time of confirming the purchase of the Product.
For areas outside mainland Spain, customs charges at destination and taxes in the area are not included.
4.2. Prominentia undertakes to deliver the Product you have purchased as soon as possible to the address you have indicated on the order form. In the purchase confirmation e-mail provided for in section 3.2. of these General Conditions, the delivery period shall be indicated.
All our products leave our facilities with their packaging in perfect condition. You should always check that the goods have been delivered in perfect condition and it is recommended that you state “damaged packaging” or similar on the carrier’s delivery note so that you can make a claim later, as otherwise the carrier will agree to receive the product.
Notification of incidents within 24 hours of receipt of order: it is essential that you keep the original packaging and take photographs of how the Product arrived at your home, both of the packaging and of the product. If you inform us of the incident by mail: info@prominentia.com. Within 48 hours of receiving the Product, Prominentia may make a claim against the transport company’s insurance. In this way, once the insurance incident has been resolved, we can send you a new Product and remove the damaged one.
Notification of incidents after 24 hours from receipt of order: it is also essential that you keep the original packaging and take photographs of how the Product arrived at your home, both of the packaging and of the product. If you inform us of the incident by mail: info@prominentia.com after 48 hours following receipt of the Product, Prominentia will not be able to claim, in this case, against the transport company’s insurance, so we can proceed to withdraw the Product for a review of the incident at our facilities. In any case, Prominentia may freely choose not to collect the Product and return the Price to you, or to send the Product to you again and withdraw the damaged one.
4.3. Delivery timeframes: the delivery times of the Products, in working days, except for transport problems beyond the control of Prominentia, are those confirmed in the message confirming receipt of your order.
Prominentia will make its best efforts to ensure that these deadlines are respected, but any delay due to transport problems beyond Prominentia’s control will not result in cancellation of the order or in any compensation.
4.4. Deliveries outside of the EU:When placing an order for delivery to a country or territory outside the European Union, you may have to pay import duties and taxes on arrival at the destination. This is because you will be considered as the importer of the Products, so you must comply with all applicable laws and regulations in your country.
Any additional costs due to the payment of customs and/or tariff duties will be met by you. Prominentia has no control over such expenses and therefore it is not possible to anticipate their amount. Since customs policies vary significantly from country to country, we advise you to contact the relevant customs office for information on import restrictions that apply to certain products. We are not responsible for customs holds. In the event that you do not pay the appropriate import duties, the goods may be held at customs. In this case no returns will be accepted. - Price and payment method:
5.1. Price: The purchase prices in force at the time the order is placed are those shown on the screen. The prices will indicate the Value Added Tax (VAT).
However, purchases made by residents in non-EU countries will be exempt from VAT and subject to payment of any import tax due. The costs of customs clearance and import taxes are not included in the price of the Product or in the shipping price and therefore must be paid at the destination.
In general, any taxes, fees, levies and brokerage fees that are due as a result of the sale of the Product, as well as any other expenses arising from it, will be met by you.
The shipping costs that appear on screen will be on your account and will correspond to the rates set by the transport agency hired at each moment, and will depend on the destination and weight of the shipment.
Prices are shown in EUROS, and will be invoiced and charged in this currency.
5.2. Payment method: when you add the product to the ‘Cart’, the amount of this product with VAT will appear on the screen, or, if the purchase is exempt from this tax, this exemption will be automatically considered from the personal data entered by you, once you have confirmed the order. Payment of the price of the Product purchased and the shipping costs, which will appear on the screen, may be made either by credit or debit card. To proceed with the payment, you must follow each and every one of the instructions that appear on the screen, providing the following information, in the case of payment by credit or debit card: a) type of card; b) name and surname of the holder; c) card number; c) expiry date; d) as well as any other information required on screen.
As an electronic payment system, Prominentia has installed an e-commerce payment gateway that it has contracted with a bank. All the data provided for this purpose is encrypted to guarantee maximum security.
5.3. SSL protocol: The navigation and purchase process on the website is carried out using the SSL protocol, thus providing both the client and Prominentia with the highest standards of confidentiality and security in communications.
This protocol is universally supported by all major browsers and guarantees you (i) the identity of the recipient of your data (no impersonation of the seller), (ii) the confidentiality of the information provided and (iii) the integrity (non manipulation) of the information provided.
Likewise, Prominentia states that under no circumstances does it store the data provided by users through the payment gateway, and that it is only kept while the purchase is being made, and until the withdrawal period has elapsed. In order to provide greater security to credit card owners, a three-digit number has been included on your cards that serves as an identification code to verify the physical presence of the card during Internet transactions. This three-digit number is printed on the back of your card (in the signature area), immediately after the card number. In order to prevent fraudulent transactions with credit cards, these control digits will be requested to validate the operation.
5.4. Invoice:: If you need the invoice must be requested by an email info@prominentia.com and Prominentia will send an invoice for each order in electronic format and sent to the email address you gave us. - Right of withdrawal
6.1. How to do it: you will be able to cancel your order without need for justification within 7 calendar days from the day you receive the Products purchased (or from the last Product, component or part in the case of delivery of a Product composed of multiple components or parts).
To this end, you must inform us of your decision to cancel your order. You should send your request to the following email address:
info@prominentia.com
Prominentia will confirm receipt of the application and details of how to proceed with the return in writing. It will be sufficient to send your communication before the end of the 7-day withdrawal period and return the item in the manner we indicate in writing.
Prominentia will not become the owner of the returned product until it is received at the return address.
6.2. Effects of withdrawal: Prominentia will reimburse the price of the product, all within the period indicated below, subject to the conditions described below:
a) You must return the Products following the instructions we give you in writing within 7 days from the day you informed us of your withdrawal, unless we offer to collect the Products from the location you indicate.
b) If you choose a delivery method other than the cheapest option we offer, Prominentia will not be obliged to reimburse any additional costs arising.
c) Prominentia will verify the condition of the returned Products. If the Product has not been unsealed and retains its original packaging, or if the Product being returned is in its original open packaging, removed from the packaging or unpacked, assembled or used, but is in perfect condition, Prominentia will refund the purchase price of the product within five (5) working days of receipt. In the event that Prominentia offers to collect the Product, in all cases the refund of the purchase price must be made no later than seven (7) calendar days from the date of notification of your decision to withdraw.
d) If, on the other hand, the Products to be returned have been handled in such a way that they have any kind of deterioration that diminishes their value, due to the fact that they have been handled in a way that is unrelated to that necessary to check the nature, characteristics and/or operation of the Products, it will mean that in such cases the exercise of the right of withdrawal will not be admitted.
e) Prominentia will use the same means of payment as you would have used for the initial purchase, unless expressly agreed otherwise. In any case, you shall not bear any surcharge that may arise from such reimbursement. We may withhold the refund until we have received the items returned by you.
f) Remember that you must return all parts of the product, including the assembly kit, and if the order is subject to a promotion in which one of our products is given as a gift, this must also be returned.
Otherwise the right of withdrawal will not be admitted. - After-sales guarantee
In addition to your statutory rights of withdrawal, if you are a customer from the European Union (except the United Kingdom) you will have an after-sales guarantee, of two years from the date of delivery of the Product, for the repair or replacement of products purchased from Prominentia if they are defective or do not conform to our website. Defects caused in the Products by negligence, knocks, improper use or handling, incorrect installation or materials subject to wear and tear outside normal use are not covered by this guarantee.
In the event that the Products have a manufacturing defect, you shall be entitled to demand that Prominentia replace or repair them, unless one of these two options is objectively impossible or disproportionate. You must inform us of the defect you have noticed within two months of the time you notice it. From the moment you inform us of the option you have chosen, we will comply with it. An option will be considered disproportionate if it entails unreasonable costs for Prominentia, taking into account the value of the Product.
The repair or replacement will be free of charge for you and will be carried out within a reasonable period of time.
The reduction in price and the termination of the contract will proceed, at your choice, when the repair or replacement of the Product is not possible or when these have not been carried out within a reasonable period of time or without major inconvenience for the consumer and user. Termination will not take place when the lack of conformity is of minor importance.
The price reduction shall be proportional to the difference between the value the Product would have had at the time of delivery if it had been in conformity with the contract and the value the Product actually delivered had at the time of delivery.
In order to use this guarantee, you must inform Prominentia by mail info@prominentia.com, indicating the following data: reference number of the order, description of the Product, description of the problem with the Product, attaching photographs, in case of visible defects. - Our liability
Prominentia shall not be liable for:- losses which were not attributable to any breach by you;
- pindirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract of sale of the Products was made between them.
Prominentia shall not be liable for any delay or breach of your obligations under these Terms if such delay or breach is attributable to circumstances beyond our reasonable control.
This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to shipment of the Product, HANNUN will not charge you for the Product until the Product has been shipped to you, in which case you may cancel your order at any time prior to such shipment.- Dispute resolution, jurisdiction and applicable law
- Internal conflict resolution mechanism:If the customer has a problem with the purchase procedure, the product received is flawed, or if the customer wants to assert his post-sale warranty rights (see section 7) he can contact our team through our Customer Service department, by calling +34 696 07 09 30 or by sending an email to info@prominentia.com.
- External conflict resolution mechanism: If after having gone through Prominentia’s internal dispute resolution mechanism, you are not satisfied with the solution we have offered you, we provide you with the following link, where you can access and use the European consumer dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?consumer-question3=N&complaintType=1&event=main.complaints.new, in accordance with the provisions of art. 14 of EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters.
Using this link, the consumer can fill in a form (available in all official languages of the EU institutions), and attach any documentation supporting the complaint. - Furthermore, in the event of any legal dispute, it is agreed to submit to the non-exclusive jurisdiction of the courts of the city of Barcelona (Spain).
- Applicable law: In any case, these Terms and Conditions shall be subject to and construed in accordance with Spanish law, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
- Internal conflict resolution mechanism:If the customer has a problem with the purchase procedure, the product received is flawed, or if the customer wants to assert his post-sale warranty rights (see section 7) he can contact our team through our Customer Service department, by calling +34 696 07 09 30 or by sending an email to info@prominentia.com.
- Modification of the Sales Terms
We reserve the right to make changes to our website, our policies and these Conditions of Sale at any time.
You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless a change to those terms and conditions, policies or these Conditions of Sale must be made by law or by requirement of public authorities (in which case, such changes may apply to any orders you have previously placed).
If any of these terms and conditions shall be declared to be invalid, void or for any reason unenforceable, such term or condition shall be considered excluded and such declaration shall not affect the validity and enforceability of the remaining terms and conditions. - Waiver
In the event of a breach by you of these Terms, and despite the fact that Prominentia may decide not to exercise any rights available to it at that time, Prominenrtia may exercise such rights and actions on any other occasion on which you may be in breach of these Terms of Sale.
Our contact details are as follows:
Prominentia
Carrer Mestral, 10
08340 Vilassar de Mar (Barcelona)
Tel. +34 696 07 09 30
e-mail: info@prominentia.com - Language
In the event of any discrepancy with other versions on our website, the Spanish version shall prevail.
