Álvarez Sereix, 12, Alicante
+34 676 459 464

LEGAL CONDITIONS

GENERAL CONTRACTING CONDITIONS

 

  1. IDENTIFICATION OF THE RESPONSIBLE OF THE WEBSITE
  • Headline: HITEC SIMULATORS,SL. (hereinafter, HITEC or the provider)
  • Registered office: C/ La Goleta, 5, 03540, Playa San Juan (Alicante)
  • CIF: B54999370
  • Public Registry: Trade Registry of Alicante in Volume 4029, folio 29, inscription I, Sheet A- 154657
  • Phone:965349509
  • E-mail: comercial@htsimulators.com
  1. OBJECT

The present general conditions (hereinafter, the “General Conditions”), together, where appropriate, with the particular conditions that may be established (hereinafter, the “Particular Conditions”), are intended to expressly regulate the conditions applicable to the hiring processes carried out by users (the “Client”), products and / or services offered by Hitec through its website www.hitecsimulatorspark.com

These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, without prejudice to the fact that Hitec reserves the right to modify, without prior notice, both the General Conditions, if applicable, the Private Parties. as any of the legal texts that are exposed on the Website. In any case, access to the Website after its modification, inclusion and / or substitution implies acceptance of the same by the user.

The Client is subject to the General Conditions in force at each moment of the corresponding contracting, and it is not possible to contract any product and / or service, without prior acceptance of these General Conditions and, where applicable, the conditions individuals that regulate the provision of certain services. The temporary validity of the Conditions, coincides with the time of their exposure, until such time as they are totally or partially modified. The new Conditions will be applicable from the moment they are available to the Client, and are thus fully accessible.

All purchases of Products purchased through the Website, prior identification and authentication, through the username and password provided, will be considered validly made by the Customer, and will be binding. Consequently, the Customer will be exclusively responsible for any purchases of Products through the Website by any third party that makes use of their username and password. The placing of orders from the Website by a minor who falsifies the registration information will be understood to have been carried out under the supervision and authorization of their parents, guardians or legal representatives.

In case of contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed in this last instrument will always prevail over those incompatible terms, and only in respect of those Products subject to said specific conditions.

  1. INTERVENTIONS

The process of electronic contracting through the Website www.hitecsimulatorspark.com, will be carried out between the “Client” and “Hitec”, understood as the “Point of Sale” of Hitec chosen by the Client during the contracting process.

 

They will be considered as “Client” of the Website www.hitecsimulatorspark.com, those consumers, who are natural persons, residents in the peninsular and insular Spanish territory, and have a National Identity Document (DNI) or, as the case may be, legal persons that adequately prove their condition and accept these General Conditions and the Particular Conditions that, if applicable, are applicable. It is expressly forbidden to purchase Products through the Website, by minors, users who do not legally reside in Spain or by users who do not meet the requirements set forth in these General Conditions, or as the case may be, in the Particular.

The “Point of Sale” will be the titular entity of the establishment that the Client has chosen when formalizing his order, and it will be with whom it will be understood celebrated the sale of the Products requested. The corporate data of each of the Points of Sale responsible for the sale will be duly identified during the contracting process.

  1. ACCESS AND REGISTRATION ON THE WEBSITE

Access and consultation of the catalog of products and / or services published on the Website www.hitecsimulatorspark.com is free..

Similarly, in order to start the process of contracting the products and / or services displayed on the Website, it is essential that users register as a user, following the instructions provided below.

4.1 Requirements to register as a user

It is an essential requirement to be able to register as a user to provide, through the form provided by Hitec through the Website, all the required data and identified as mandatory. The registered user assumes that his user account is personal and non-transferable, being able to register on the Website both natural persons and legal entities.

All registered users will have an access password, which in any case will be personal, non-transferable, will have a limited temporary validity and must meet minimum length and security requirements. The user may modify or recover said password at any time, following the procedure set out on the Website. In no case will Hitec know the password, which will remain in encrypted Hitec systems.

By virtue of the foregoing, it is the user’s obligation to immediately notify Hitec of any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to to proceed to its immediate cancellation. Until such events are reported, the provider will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

4.2 Download as a registered user

The legal relationship derived from registering as a Client of the Website has an indefinite duration. Any of the parties may terminate or suspend the present contractual relationship unilaterally at any time and without further cause than its will in this regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The Client may unilaterally exercise the right of termination through the process of cancellation of accounts.

In any case, once the cancellation is made, the user may request a new registration, being the faculty of the provider not to admit said registration in the specific cases specified in the clause called “Rules of Use of the Website” or in case of conflict or controversy raised between the parties, that is to be resolved or that has ended with acknowledgment of fault or negligence of the user and / or damage to the provider, its collaborators and associates or its users, customers or potential customers.

In the same way, Hitec and the Points of Sale reserve the right to cancel the username, and the password, and therefore the access to the Website, of those users who maintain debit or unpaid balances with any Point of Sale.

 

 

  1. ELECTRONIC PRODUCT PROCUREMENT PROCESS

5.1 Information and availability of the products offered

 

All the information related to the products and / or services offered by Hitec for its Online Channel, will be published through the Website www.hitecsimulatorspark.com, indicating the following information regarding each of them:

 

  • Product model
  • Images of the product
  • Product description
  • Price of the product
  • Product discounts (if applicable)
  • Technical specifications of the product
  • Product availability
  • Availability of home delivery
  • Availability of store collection
  • User opinions and ratings
  • Other related and recommended products

Each Point of Sale may, at any time, add new Products to those included in the Website, it being understood, unless otherwise provided, that such new Products shall be governed by the provisions of the General Conditions in force at that time. Likewise, the Point of Sale reserves the right to withdraw or stop offering, at any time, and without prior notice, any Products offered on the Website.

In the event that the Online Channel or the Point of Sale does not have stock of any of the requested products, Hitec, through its Online Channel or Point of Sale, will inform the Customer of said situation.

5.2 Phases of the electronic contracting procedure

Once selected by the user the products and / or services offered by Hitec, the user must follow the phases of the hiring process indicated below:

Phase 1. – Validation of the Shopping Cart: the User, once the selection of the products and / or services that he wishes to hire is completed, must validate his / her order, in which you will be shown the products and / or services selected, the number of units, the price of them, the term.

In the case of selecting the delivery method in store, the user must select the specific store in which he wishes to collect the product. In this case, all orders and purchases made through the Website are subject to the effective availability of stock of the Products once they are picked up at the point of sale indicated when the order is placed or in the when the shipment is prepared for shipment.

Phase 2. – Provide Billing and Shipping Data: The User, once validates his shopping basket, must provide Hitec with the billing and shipping information of the products and / or services, and must expressly accept, by marking the corresponding box, the present Contracting Conditions. If you do not check the acceptance box, the Website will not allow you to continue with the hiring process.

Phase 3.- Select the Payment Method: The User, once he provides the billing information and, where appropriate, the shipping information, he must select the payment method he wishes to use. Currently, Hitec validates the following payment methods: Card and PayPal.

Phase 4.- Payment of the total economic amount: The User, in case he has opted for any of the two means of cash payment (PayPal or Card) will be redirected, automatically by the system to the online payment platforms (POS) of the corresponding banking entities.

Phase 5.- Purchase Confirmation: Hitec will send the Client, within 24 hours from the moment of the effective payment of the purchase by the Customer, an email in which a summary will be provided, with all the characteristics of the sale made.

This email will be considered “Proof of Purchase”, the Client must print it on paper in order to collect the Product or Products acquired at the Point of Sale when the Customer has chosen the withdrawal method of the Product.

Likewise, by accepting these general contracting conditions, the client accepts to receive the invoices derived from the hiring of goods and / or services of Hitec in electronic format. In any case, the client can consult and / or download the invoice in the My Orders area. The order confirmation and the proof of purchase will not be valid as invoice.

Notwithstanding the foregoing, if the customer wishes the invoice in physical format (paper), you must send an email to the following address comercial@htsimulators.com requesting the invoice in physical format, duly identifying and indicating the order number from which the invoice is requested in physical format.

For all purposes, the purchase shall be deemed to have been made at the address of the Point of Sale in which the sale was actually made by the Customer.

  1. ECONOMIC CONDITIONS AND PAYMENT METHODS

6.1 Economic conditions

All products and / or services offered on the Website are associated with the final price of the product, as well as, where applicable, any discounts that may apply to said purchase.

The prices shown on the Website are exclusively applicable to the Products offered through said Channel and during the time they are published, the same products may have different prices in the establishments of the Hitec Point of Sale network.

The prices of the Products are always shown in euros and include VAT, as well as any other tax that was applicable, being the current and legally applicable at that time. In the same way, all the prices shown, do not include the possible postage costs applicable, in case the Customer selects the modality of home delivery, these being identified independently before the purchase is confirmed.

In the event that Hitec or the Point of Sale identify a manifest error in the price of any of the Products published, they will immediately inform the Customer, as well as carry out the corresponding publication of the rectification thereof through the Website. and in the usual means of communication, with the Client having the option to reconfirm, through the “My Account” section, his order at the correct price or, failing that, cancel it.

Hitec and the Points of Sale expressly reserve the right to modify prices at any time, without prior notice. However, in any case, the effective rates indicated on the Website at the time of the corresponding order will be applied.

6.2 Payment Methods

In order to proceed with the payment, the Client must follow each and every one of the instructions shown in the phase of the electronic contracting process, previously described.

All means of payment arranged by Hitec, are subject to checks and authorizations by the issuing entities of the means of payment (card issuers and / or issuers of payment accounts), but if that entity does not authorize payment , it will not be possible to continue with the purchase procedure initiated, the order will automatically be canceled, and the sale or purchase of the Product or Products requested will be understood not to have been made.

The charge of the price of the Products, of the costs of the shipping service -in their case-, as well as of any taxes that result from application, will only be made at the moment of formalizing the order.

To carry out the electronic payment, Hitec and the Points of Sale have installed an electronic commerce payment gateway provided by banking entities authorized for them. All the data provided to Hitec and to the Points of Sale for these purposes, are duly encrypted to guarantee the maximum security and confidentiality of the same, staying in a secure server certified according to the protocol “Secure Socket Layer” (SSL).

In no case will Hitec store the card data provided by the Customers through the payment gateway, and will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed, in order to of being able to return the corresponding economic amounts.

In the same way, the user can pay quickly and safely with their PayPal account, without sharing financial information with Hitec. In case of selecting this payment method, the Client will be redirected to the secure PayPal page, where he must enter his credentials and accept the payment. Once the payment has been confirmed, the Client will be returned to the confirmation page of Hitec, where he can confirm the status of the purchase made.

  1. CONDITIONS FOR COLLECTING AND SENDING THE PRODUCTS

The Products whose purchase has been made through the Hitec Website may be picked up at the Point of Sale establishment that the Customer chooses when placing their order, or may also be sent to the postal address indicated on the order form , not being able to correspond to a post office box or public places, such as public roads, squares, stations, airports or similar.

7.1 Collection at the point of sale

Once an order has been placed for collection at the Point of Sale chosen by the Customer, the Customer may proceed to pick it up within 2 hours of the confirmation thereof. It is possible that for some Products, due to logistics and business hours, this withdrawal period will last until 12 o’clock. In the event that any technical incident should arise, once said circumstance is communicated to the user, the maximum delivery time will be 30 days in any case.

If you have indicated in the order that the Products purchased will be collected at the Point of Sale, they must be removed within a maximum period of seven (7) working days from the date of receipt of the confirmation of the purchase made.

To proceed to collect the Products, the following steps must be followed:

  1. If you want to collect the Products personally,  the Customer must go to the chosen Point of Sale when formalizing the order and identify with the original DNI or Passport in force and a photocopy of it (if you do not have the same the client authorizes it to be made a photocopy of it at the point of sale) and show the Proof of Purchase, and collect the Product (s).
  1. If you want the Products to be removed by a third party other than the Client (“Authorized Person to Withdraw”) the authorized person must show proof of receipt sent by email along with an authorization to collect (“Authorization to Collect”) signed and completed by the Client that contains the complete information of the Client and authorized person to the withdrawal (name, surname, ID number or passport in force and address) the place, date and purpose of the authorization; and a photocopy of the Client’s current ID or passport.

 

It is essential that the Authorized Person identify himself with his original and valid ID or passport and that he provide a photocopy of it (if he does not have it, the client authorizes a photocopy of the identification document at the point of sale).

7.2 Home delivery

In case of request delivery of the order at home, the delivery will be made, in general, within a period of between one and three working days from the order confirmation, at the postal address that has been included in the order data , except for reasons of force majeure. The delivery note will be sent together with the Product or Products.

In order to guarantee the highest quality and satisfaction of our customers, our transport service, installation and commissioning of large appliances is limited to certain areas of the national geography. You can check the availability of the service in your area during the online purchase process, after selecting the product and entering the delivery address.

The transport company will communicate preferably via SMS with you to inform you of the day in which the delivery will be made. If you do not find yourself at the delivery point, a second attempt will be made, and you will also be notified via SMS. In case you can not deliver the order in this second attempt, the transport company will send it to the franchise, where you will have up to 10 days to withdraw it. At all times the transport company will inform you via SMS of the two delivery attempts as well as the remaining period you have to collect it in franchise.

  1. RIGHT OF WITHDRAWAL OF ORDERS

The User has the right to cancel the purchase made through the Website, and therefore, if he is not satisfied, he may return the Product within a maximum period of fourteen (14) calendar days after he has acquired possession of the product. / s or from the formalization of the contract in the case of hiring services.

The right of withdrawal may be exercised through the following channels:

  1. Through the After-sales Service of the establishment of the nearest Hitec Distribution Network, always providing the Proof of Purchase.
  2. Through the Website, by filling out the web form attached to the return request.
  3. Contacting Customer Service, where the steps to follow will be indicated.

The return includes the amount of the purchase and if it existed, the delivery costs. The return was made in the same means of payment with which the product was purchased, discounting the return costs that will be borne by the customer.

The Customer must return the products subject to withdrawal without undue delay and in any case no later than within 14 calendar days from the date on which the cancellation decision is communicated.

The refund of the amount corresponding to the withdrawal will be made within a period of 14 calendar days from the date in which the decision of withdrawal of the contract has been effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received, in case otherwise, the disbursement may be withheld until the receipt of said goods or until the Client credits the return of the goods.

They are excluded from the right of withdrawal:

  1. The provision of services, once the service has been completely executed.
  2. The supply of goods or services provided in accordance with the Client’s specifications or clearly personalized.
  3. The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
  4. The supply of digital content (that is not provided in a material support) when the execution has already begun. The Client expressly knows that once the digital download begins, he will lose the right of withdrawal.
  5. Any other good or service protected in art. 103 of RDL 1/2007, of November 16.

The Client will be responsible for the decrease in the value of the goods resulting from a manipulation of the same, different from that necessary to establish its nature, its characteristics or its operation. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products be returned in their original packaging together with the invoice, in the event that they are returned without said original packaging or with defects the amount to be paid The Customer for the return of the product will be reduced by the amount that corresponds. Before returning the Product, the Customer must ensure that the same is properly protected and sealed so that it does not suffer any damage during transport.

  1. ASSURANCE

When the Product or Products acquired present a lack of conformity because they do not correspond to the offered characteristics, present defects that impede their normal use according to their nature, or not offer the services described for the same, the Client shall have the right to sanitation of the property acquired within a period of two years from the purchase and under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users, without prejudice to the powers of the Point of Sale of check the veracity of the defects, their origin and the time of their appearance.

In any case, the Customer must address or request the collection of the product to the Point of Sale within a maximum period of two months from the verification of the defect, informing of the nature of the problem, the time and the conditions of its appearance.

Likewise, the Client has the right to sanitation of the property following the rules of article 118 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations that guarantee the sale of consumer goods will be applied by the applicable legislation. If the product is defective, Hitec will be responsible whenever it is possible to make the replacement of the product, without any expense for the Client. In the event that for reasons of availability, the replacement of the product could not be made, the full refund of the purchase will be made.

  1. CUSTOMER SERVICE AND AFTER-SALES SERVICE

The Points of Sale have Claims Sheets available to the consumer in the establishment.

Any query, suggestion, complaint or claim relating to the online sale of the Products, can be made through our Customer Service:

  1. E-mail: comercial@htsimulators.com
  2. Telf.: 965349509
  3. C/ La Goleta,3 03540 Playa de San Juan (Alicante)


Telephone service hours: Monday to Sunday from 10:30 a.m. to 10:00 p.m.

 

  1. EXEMPTION FROM RESPONSIBILITIES

The Point of Sale and Hitec can not guarantee the technical continuity of the Website, the absence of failures or interruptions of the service or that the Website will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.

  1. TREATMENT OF PERSONAL DATA

All the information provided during the hiring process will be stored by Hitec Simulators, SL, in its capacity as responsible and manager of the Website, as well as in charge of processing the data of the order on behalf of the Point of Sale, that all effects will be the Responsible of the File with the personal data of the Clients that have actually made the purchase sale.

The data collected will be made available to the Point of Sale of the Hitec Distribution Network chosen by the Customer, of the transport and logistics company responsible for making the delivery of the item purchased through the website www.hitecsimulatorspark.com, of the entity in charge of the financing indicated in these conditions, as well as any other operator involved in the purchase, financing and / or delivery process, for the purposes of compliance with the contract or contracts with the customer and the relationships derived from them. In any case, before communicating the personal data of the Client to any third party, the Client must expressly accept it beforehand.

In the same way, and unless the Client has expressed his express opposition, the user expressly consents to the processing of his personal data to send information of interest, news and offers on the products and services of Hitec through any means, including mail, Email, SMS or similar. To unsubscribe from the advertising communications service, you can do so through www.hitecsimulatorspark.com or request it as provided in the Hitec Privacy Policy.

Likewise, the user can, to exercise your rights, access, rectification, cancellation and opposition, to Hitec simulators, SL with CIF B54999370 and with registered office at C / La Goleta, 3, 03540 PLAYA SAN JUAN (ALICANTE), or by email directed to comercial@htsimulators.com attaching a photocopy of your ID in both cases. The treatment of personal data by Hitec, Points of Sale, as well as any other information requested for access and use of the Website, will be governed by the provisions of the Website’s Privacy Policy www.hitecsimulatorspark.com

 

  1. GENERALITIES

The present conditions have been exposed with due advance, in accordance with current legislation. Likewise, Hitec puts at your disposal the present Purchase Conditions, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

Hitec reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website, its functionalities and / or the contents included in it. You expressly acknowledge and agree that Hitec may at any time interrupt, deactivate and / or cancel access to and / or use of the Website, without Hitec being responsible for it.

In the event that any provision or provisions of these Purchase Conditions are considered null or unenforceable, in whole or in part, by any Court, Court or competent administrative body, such nullity or non-application shall not affect the remaining provisions. In this case, the affected clause or clauses will be replaced by another clause or clauses that have the effects more similar to those of the substituted clauses.

 

  1. APPLICABLE LEGISLATION, RESOLUTION OF DISPUTES AND COMPETENT JURISDICTION

The parties expressly agree that this contract will be governed and interpreted, in all its terms and conditions, in accordance with current Spanish legislation.

The parties expressly submit themselves, for any questions or divergences that may arise due to the interpretation, fulfillment and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the buyer or to the place of fulfillment of the contractual obligation.

In the same way, by virtue of the provisions of Regulation (EU) 524/2013 applicable throughout the European Union, Hitec Simulators, SL makes available to the users of the Website the following link:

Through this link, the users of the Website that can access the European Platform for Online Dispute Resolution (ODR). In the event that the user has had a problem with a purchase or the provision of an online service, you can use this means to submit any claim in connection with such purchase or provision of services, as well as opt for the out-of-court settlement of the conflict aroused.

To submit claims in the use of our services, you can go by mail to the electronic or physical address indicated in the section “Identification”, committing ourselves to seek at all times a friendly solution to the conflict.

Last update: July 4, 2017

All rights reserved. Any copy, distribution and / or reproduction, total or partial, of the contents and / or website of Hitec will require prior written authorization from Hitec.