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Terms and Conditions
 

GENERAL TERMS AND CONDITIONS APPLICABLE TO CONTRACTS AWARDED BY LANDATEL COMUNICACIONES, S.L., with domicile in Carretera de La Coruña, km. 17,800 28231 Las Rozas (Spain), C.I.F B-83170944 and registered at the Commercial Registry of Madrid, Volume 17.382, Book 0, Folio 187, Section 8, Page M-298276, Inscription 1. Electronic address: info@landatel.com.

1. Terms and Definition

a) The present General Terms and Conditions of Contracts shall be those applied, exclusively, to the sales contracts of products and services between LANDATEL COMUNICACIONES, S.L. and its clients, without prejudice to any express and written agreement to the contrary entered by the parties.

b) It is agreed in any case that the client when buying any product or service from LANDATEL COMUNICACIONES, S.L., at the same time agrees with the present General Terms and Conditions of Contracts.

c) To the effects of the present General Conditions, the term “consumers” are those clients who as individuals acquire or agree to acquire, as final users, any product or service from LANDATEL COMUNICACIONES, S.L., as well as non-profit legal entities or companies acting outside a commercial traffic.

2. Preparing the Contract

a) By sending the corresponding order, the client will show to LANDATEL COMUNICACIONES, S.L. his offer to buy any product or service. After reception of the order, LANDATEL COMUNICACIONES, S.L. shall accept the client´s order by sending promptly acknowledgement of receipt. Up to that moment, LANDATEL COMUNICACIONES, S.L. reserves the right to accept or not any order received.

b) The acknowledgement of receipt shall sum up the order, at any rate it shall contain the essential characteristics of the product or service, the identification of LANDATEL COMUNICACIONES, S.L. as the selling company, the address, telephone number, fax, e-mail, price, basic data of delivery (especially, approx. date and place) and applicable expenses, as well as if it is the case, the unavailability of any product.

The acknowledgement of receipt will also allow the client to have access to information about the conditions and ways to exercise the right to return, of withdrawal, as applicable, and to the Customer Service, and, if he so wishes, to cancel the contract.

c) When the client is a consumer, the acknowledgement of receipt will additionally inform about: 

- The total price of goods and services, including taxes or, if price cannot be calculated beforehand within reason due to the nature of the goods or services, the way in which price is determined, as well as, when applicable, all the additional expenses of transport, delivery or mail and any other expenses  that may be calculated beforehand within reason, or if these expenses cannot be calculated beforehand within reason, the fact that these additional expenses  may be necessary to be paid. In the case of a contract of undetermined duration or a contract that includes a subscription, the price will include the total costs for the invoicing period. When these contracts are invoiced according to a fixed rate, total price will also include the total monthly costs. When there is no possible to calculate beforehand within reason the total cost, information will be provided as to the way that a price is determined.

- When the contract is entered by mail, telephone or fax, the cost of these means when said cost is calculated upon a base different from the usual base.

- Of payments, deliveries and execution procedures, the date that  LANDATEL COMUNICACIONES, S.L. undertakes to deliver the goods or the provision of services as well as, when appropriate, the procedure to follow for claims.

- The language or languages in which the contract can be entered, when  the language in which the previous information about the contract was provided is not the same language.

- The term of the contract, when applicable, or, if the contract is of undetermined term or if it is automatically extended, the conditions of cancellation.

- When applicable, the minimum term of consumer undertakings according to the contract.

- Of the existence and conditions of the deposits and other financial warranties that he may have to pay o provide, including those freezing an amount in his credit or debit card.

- Of the existence of warranties for the goods and services and the existence and conditions of aftersales service and the commercial warranties that Landatel provide thereof. 

- When and if the contract had a digital purpose, the various ways to use it and of any other technical limitations and of any relevant operative versatility and compatibility with standard digital devices, hardware and software 

- When LANDATEL COMUNICACIONES, S.L. were member of an alternative dispute resolution mechanism, the possibility to have access thereto, together with the methods to benefit therefrom. 

The acknowledgement of receipt will also include the pertinent consumer information about his right of cancelation, according to the established legal model, to which the Model Form of Cancelation or Termination will be added, as an annex to these General Conditions. When, according to these General Conditions, there should be no right of cancelation, the acknowledgement of receipt would include such information to the consumer or the circumstances which can contribute to the loss of that right when applicable

d) LANDATEL COMUNICACIONES, S.L. will adopt all appropriate technical measures so that the client can in any case print or file the information contained in the acknowledgement receipt.

e) As from that moment, the client can request LANDATEL COMUNICACIONES, S.L. for any information by any means, about the status of his order, provided that the characteristics of the order would allow it.

3. Budgets and Prices

a) Except otherwise herein agreed, the validity of LANDATEL COMUNICACIONES, S.L  written budget estimates shall extend to thirty days as from its date.

b) Once exceeded that period, or in absence of a written estimate, the prices and other costs shall be established by LANDATEL COMUNICACIONES, S.L. on the date that the client files the order.

cThe prices specified on the catalogue and the website, especially in its electronic commerce platform, do not include VAT nor any other tax, except when specifically stated and can vary without prior warning. In case of misprint, LANDATEL COMUNICACIONES, S.L., could cancel the order or look for a negotiation with the client for a special price.

d) The prices specified on the catalogue and the website, especially in its electronic commerce platform, do not include the cost of transport, except when specifically stated.  The client has the option to contract shipment with LANDATEL COMUNICACIONES, S.L., or use his own transport means. LANDATEL COMUNICACIONES, S.L. shall offer that option with or without insurance.

In either case, LANDATEL shall remain free of any responsibility for the replacement of material in case of loss or damage in the transport between our warehouses and the place of delivery determined by the client, except that he were a consumer, in which case the risk of loss or damage of the material shall transfer to the consumer when he or a third party chosen by him, other than the carrier contractor, had gained material possession.

However, even in the case of the client being a consumer, he shall assume the risk of the damage to the material from delivery to the carrier when he, the client, had chosen shipment method or if such method were not among those proposed by LANDATEL.

e) Without any responsibility, LANDATEL COMUNICACIONES, S.L. shall be able to modify their catalogues websites (by addition or elimination of products), as well as prices of any product without any prior notice.

4. Terms of Payment

a) When buying products, total payment shall be made before delivery.

b) When contracting services, entailing or not the supply of products, 75% of payment shall be made before the provision of the service, and the payment of the remaining 25% after the implementation of the service, and in any case, within the thirty days after issuing  the invoice. If after that time, and after a written report of the default, payment had not been made, a legal interest shall be applied with a 50% penalty over the amount due. If, as a result of this default,   LANDATEL COMUNICACIONES, S.L. had to initiate any action aimed at the collection of the debt, or to the recovery of any product, the corresponding costs shall be charged to the client.

c) The time determined by Landatel Comunicaciones to get payment for the total amount of the order is of four days, in the case of orders made and paid within Spain andof seven days in the case of orders made from a country outside of Spain.

If after these periods, Landatel Comunicaciones had not been paid, the order shall be cancelled. If, after cancellation of the order, the client still wanted to buy the material, he would have to issue an order through www.landashop.com.

In any case, it is required that clients issuing orders send receipt of payment before 48 hours by email to comercial@landatel.com or by fax to +34.91.146.1702.

d) In compliance with current legislation,, in case of an order from a country outside the EU where the client chose to collect the merchandise at the Landatel Comunicaciones, S.L. headoffice (be an individual or a courier or a transport company) the client shall be required to pay VAT for the products of the order (even if the shop online www.landashop.com had not charged VAT when preparing the order). Likewise shall be done with orders from Canary Islands.

5. Delivery of Products or Services

a) Whenever possible, according to stocks on hand, the type of goods or services, or other relevant circumstances, LANDATEL COMUNICACIONES, S.L. shall fix a rough estimate date of delivery on the acknowledgement of receipt of the order, which shall never be further than thirty days from the date that the client had issued the order. In consumer contracts, LANDATEL shall fix the date of delivery of the goods or services on the acknowledgement of receipt. Delivery or implementation shall in any case be carried out within the thirty days period.

b) LANDATEL COMUNICACIONES, S.L. shall apply its best efforts, within reason, to deliver within the agreed time, and, in any case, within the thirty days period as mentioned above.

If, in spite of it, the last period of thirty days were exceeded without delivery taking place, the client shall request from LANDATEL COMUNICACIONES, S.L. to make delivery within an additional period of time adequate to the circumstances and he shall have the right to resolve the contract if LANDATEL does not deliver the goods within that additional period of time, and to get  reimbursement of the amount of the price, if the client had already paid it, which amount  LANDATEL COMUNICACIONES, S.L. shall return to the client within a maximum period of thirty days from the date of the request. In consumer contracts, what is provided in the above paragraph shall not apply when LANDATEL had refused to deliver the goods or the time of delivery were of the essence considering all the circumstances that concurred in the contract or when the consumer had informed LANDATEL, before entering the contract, that delivery before a given date or on a given date was essential. In those cases, if LANDATEL does not comply with its obligations to deliver the goods on the date agreed with the consumer, or within the period of thirty days above mentioned,the consumer shall have the right to immediately cancel the contract.

In the cases of consumer contracts through mail, telephone, fax or Internet, if LANDATEL does not carry out the contract due to out of stock of the product or the service were not available, LANDATEL shall inform the consumer of the  unavailability, and then the consumer could recover the amounts paid; alternatively, after prior express information to the consumer, LANDATEL could supply without price increase  a product or service of similar characteristics with the same or higher quality, in which case the consumer could exercise his rights to cancel in the same terms as if it were the product or service initially requested.

c) The place of delivery shall be decided by the client and that shall be recorded on the acknowledgement of receipt.

d) The shipments with customs clearance, when the material arrives at the corresponding addressee customs, Landatel Comunicaciones shall undertake the necessary procedures concerning expenses or taxes required according to the law of each country (including the customs expenses, additional costs and importation taxes, since they are not included in the price of material nor in the shipping costs), which expenses or taxes shall have to be paid on delivery by the recipient of the material. Landatel Comunicaciones S.L. shall not be responsible for any of those obligations, which shall be paid by the addressee. 

Landatel Comunicaciones shall try to provide the necessary and legal documentation to facilitate the reception in the place of destination of the material purchased in www.landashop.com.  

e) In consumer contracts through mail, telephone, fax or Internet, LANDATEL shall facilitate to the consumer the confirmation of the contract on a more lasting document within a reasonable time after entering the contract, at least at delivery of the goods or before the start of the service. That confirmation shall include:

- All applicable information mentioned in clause 2 of these General Conditions, except that LANDATEL had already supplied the consumer information on a hard backing document before entering the contract by the above mentioned means; and

- when applicable, the confirmation of the previous express consumer consent and his knowledge of the waiver of the right to cancel related to digital contents, as provided by clause 9.c) of these General Conditions.

f) Even after acknowledgment of receipt of an order, LANDATEL COMUNICACIONES, S.L. shall not proceed to ship it to insolvent clients, that keep an outstanding account unpaid for products or that in general have any legal action against LANDATEL.

g) LANDATEL COMUNICACIONES S.L. shall not be responsible in any way as a result of a client´s default of the legislation forbidding or controlling or demanding warranties for the exportation to certain countries alien to the EU (embargos); or legislation about export control of certain products, more especially defence material and double use of products and technologies. As information only, here are the following URLs:

http://eeas.europa.eu/non-proliferation-and-disarmament/docs/index_en.htm

http://www.comercio.gob.es/es-ES/comercio-exterior/informacion-sectorial/material-de-defensa-y-de-doble-uso/guia-operador/Paginas/productos-y-tecnologias-exportacion.aspx

 

6. Responsibility derived from the contract

a) In the case of acquisition of products, or of services which do not include supply of products, it is herewith understood that the client has agreed to it once delivery of goods or services takes place, as it may apply.

b) In the case of service contracts entailing the supply of products, it is herewith understood that the client is in agreement after the installation is made by LANDATEL COMUNICACIONES, S.L., according to clause 7 b) of these General Conditions.

c) According to legislation in force, LANDATEL COMUNICACIONES, S.L. shall be obliged to repair the damages caused by unlawful or negligent conduct of its employees. This responsibility shall be limited to the value of the product or service, except that there was a result of death or personal injury, in which case the limitations established in the present General Conditions shall be applicable.

d) The products should be used according to the instructions or handbook of the manufacturer. LANDATEL COMUNICACIONES, S.L. could add to the product documentation or to the information supplied to the client during the purchase procedure, data related to the manufacturer conditions and the client should accept them when applicable.

LANDATEL COMUNICACIONES, S.L. shall not be in any way responsible for any circumstance stemming from the application of information which may be referring to the number of users, connections, actual wave lengths, PIRE power,  or similar questions, as well as any features depending on external factors as meteorological conditions, topography, connection to the mains, peripherals, users equipment, parts, etc., all of them mentioned as mere information, as from data provided by manufacturers of equipment or components, favourable conditions of use, concurrent indexes and usual configuration parameters.

e) LANDATEL COMUNICACIONES, S.L. shall not be responsible in any way to his clients or to third parties as a result of product use ( isolated or in combination with others supplied by the client himself or third parties), be it direct damages or indirect, personal accidents, damages to goods unconnected to the product, losses of profits or consequential damages, tear and wear damages, losses of data, or due to force majeure to be understood as an act of God such as natural or environmental catastrophes, revolts, mutinies, insurrections, strikes or other labour trouble, wars, terrorist attacks,  products or services sabotage, political or government actions,legal limitations or judicial orders.

f) LANDATEL COMUNICACIONES, S.L. shall not be responsible to typing or text contents errors about the products features that may occasionally occur, as well as with prices. These features are subject to changes without previous notice.

Photographs or images entailed in graphic or digital documentation (particularly in websites) are showed only as a guide, without any LANDATEL COMUNICACIONES responsibility for possible inaccuracies of product features. As well as with prices, photographs and images are also subject to changes without previous notice.

g) Except withprior written agreement by  LANDATEL COMUNICACIONES, S.L., the client shall not be able to assign the rights and obligations granted or conferred by these General Conditions, as the case may apply.

7. Preconfiguration and installation Services

a) The preconfiguration service consists in sending equipment configurated according to the parameters and functions requested by the client.This service can only be contracted at the moment of purchase of the equipment and will require the client to fill a form with the data required for a correct execution.

The preconfiguration service does not include manipulation of equipments alien to those acquired when contracting the service.

b) The installation service includes the installation and setting the equipment running, as well as the necessary items for its special functioning.

The client shall sign the service request document before its being carried out therein. This document shall specify the equipments to be installed and the configuration requested.

After the service has been carried out, LANDATEL COMUNICACIONES, S.L.´s technicians will proceed to check together with the client the situation and the functionality of the installation, with both parties signing jointly their approval thereof.

8. Maintenance Contract

LANDATEL COMUNICACIONES, S.L. offers to its clients the possibility of a contract for a global maintenance service which will include telephone support, parts, labour and travelling displacement. The conditions of this contract are contained in its own text therein and the cost will be related to its duration, equipment installed, distance and type of service provided by the equipment.

9. Returns and claims

A) LANDATEL COMUNICACIONES, S.L. offers his clients the possibility to try the equipment and solutions acquired for a period of seven days from the date of delivery. During this period, the client could return the equipment to LANDATEL COMUNICACIONES, S.L., in which case he will also have to request a RMA number with the corresponding form, with shipment and risks costs paid by the client. In this case. LANDATEL COMUNICACIONES, S.L., within thirty days following reception of the product, will return the amount paid by the client. LANDATEL COMUNICACIONES, S.L. shall deduct from the amount of the equipments to reimburse the expenses corresponding to configuration, software and installation, shipping and displacement expenses and of all after sale services used as well as 10% of its value for usage and administrative expenses.

 LANDATEL COMUNICACIONES, S.L. shall only accept returns of equipment within the seven days following its delivery, when they are returned in perfect conditions and with all the elements of original packaging and subject to not being products manufactured according to specifications or particularities suggested by the client.

B) CANCELLATION AND RETURNS MADE BY CONSUMERS

 If the client is a consumer, he will have a period of fourteen days to make a return from the date of reception of the material or from the date of entering the contract in the case of the provision of a service.

In these cases, LANDATEL shall pay back the amounts paid by the consumer, including, if applied, the costs of delivery. Pay back of these amounts shall be made within fourteen days from the date that the consumer had informed LANDATEL COMUNICACIONES, S.L. about his decision to cancel the contract. Notwithstanding the above, if the consumer had expressly selected a way of delivery other than the less expensive ordinary delivery, LANDATEL COMUNICACIONES, S.L. shall not be obliged to reimburse the additional costs involved. Furthermore, except when LANDATEL had volunteered to collect the material, LANDATEL could delay reimbursement until reception of the material or until the consumer had proven its return therein, whichever comes first.

The costs of return of material shall be in all cases, paid by the consumer. This will also apply when the contract had been entered by mail, telephone, fax or internet, and the material, by its very nature, could not be returned normally by mail.

The right to cancel shall not be applicable to contracts referring to:

- The provision of services when the service had been completely executed, when the execution had started, with the express consent of the consumer and his acknowledgment that once the contract has been totally performed by LANDATEL, he shall have waivered his right to cancel it.

 - The supply of goods manufactured according to the consumer specifications or clearly customized.

- The contracts where the consumer had specifically requested LANDATEL COMUNICACIONES, S.L. for a personal visit to perform urgent repairs or maintenance; if, in that visit, LANDATEL provides additional services to those requested by the consumer or supplies different spare parts from those normally used for operations of maintenance or repair, the right to cancel shall apply to those additional services or goods.

- The supply of sound tracks or sealed videos or sealed computer programmes that are unsealed by the consumer after delivery.

- The supply of digital contents which cannot be provided on material support when the execution had already started with the previous express consent by the consumer with his knowledge that as a result he waives his right to cancel.

- Whichever other rights foreseeable by current legislation or that could result applicable.

The consumer can exercise his right to cancel complying and sending to LANDATEL COMUNICACIONES, S.L., by mail or e-mail to comercial@landatel.com, the form of cancellation attached as an Annex to these General Conditions, or by making an unequivocal declaration arguing his decision to cancel the contract. In both cases, if the consumer opt for an e-mail as the means to communicate his cancellation, LANDATEL shall inform promptly the consumer on a material support the acknowledgment of receipt of said cancellation..

C) CLAIMS

LANDATEL COMUNICACIONES, S.L., offer to his clients the possibility to test the acquired equipment or components and to inform about any break down or error in the shipment by sending an e-mail to comercial@landatel.com within a maximum period of 48 hours.

In the case of not receiving his total or partial order within 24 hours it a city or 48 hours if it is a village or a place of difficult access, as from the date of reception of the e-mail confirming the departure of the order (whereby an information code is included for follow up), he should immediately inform Landatel Comunicaciones sending an e-mail to comercial@landatel.com. If Landatel Comunicaciones does not receive his warning within the following 48 hours to the estimated arrival date, Landatel Comunicaciones will not be able to make the claim on time to the insurance company and the possible loss could not be covered.

The present Clause should be interpreted without prejudice to what is provided for contracts entered by consumers in the previous section B)

9bis. Repairs

Without  prejudice to the warranty clauses provided in these General Conditions, the client can request to repair a product showing any damage, according to the following conditions:

- Sending equipments for repairs shall be made with the prior client request of a RMA number through a form that LANDATEL COMUNICACIONES, S.L. provides in its web, or by e-mail or fax. No equipment shall be accepted without the RMA form correctly complied with.

- Shipping the equipment shall be made in the box, envelope or bundle with the RAM number supplied by LANDATEL COMUNICACIONES, S.L. If various equipments were sent in the same bundle, the RMA numbers must appear on the outside of the bundle. Expenses and risks of shipping shall be paid by the client.

- After repair of the equipment, LANDATEL COMUNICACIONES, S.L. will return it to the client, shipping expenses to be paid by the latter. The equipment will be sent back to the client with the same wrapping conditions and packaging elements provided by the client. All those equipments which after technical checking do not require any repairs because their running and functions are correct, shall incur an extra cost between €30+VAT and €60+VAT according to our technical department, which cost shall be paid before return of said equipment.

10. Means of payment and protection of personal data

a) LANDATEL COMUNICACIONES, S.L. offers the following payment options:

- Cash

- Bank transfer

- Credit Card: VISA, American Express or Master Card.

- Paypal.

In the case of bank transfers, a receipt of payment shall be required by fax or e-mail. LANDATEL COMUNICACIONES, S.L. reserves the right to hold on the material until reception of funds from the bank.

 Regular clients opting for deferment of payment, could request it to our Administration department, which will request the pertinent documentation and determine its approval, as the case may be.

b) LANDATEL COMUNICACIONES, S.L. shall not use in any way the clients numbers of a credit card except to settle his payments.

c) The client agrees that LANDATEL COMUNICACIONES, S.L. can use his personal data as provided by him as a result of deals made by virtue of these General Conditions. This handling of data shall strictly comply with applicable legislation as well as with LANDATEL COMUNICACIONES, S.L. Data Protection Policy, which is available to the client in the web page: http://www.landatel.com/.

11. Use of software

a) When, according to the supply of products or services, the use of certain software were required, whether it was the property of LANDATEL COMUNICACIONES, S.L., or of third parties, LANDATEL COMUNICACIONES, S.L., in his own name or in the name of the third parties as title holder of the software, shall provide a copy with nonexclusive use license for an indefinite time, with the price included in the total price of the product or service. The corresponding license in no way shall transfer an ownership right of the software to the client, neither shall he be entitled to allow further use of the software without the written authorization of LANDATEL COMUNICACIONES S.L., or to alter it, or change its configuration or otherwise manipulate it, without the previous written authorization of LANDATEL COMUNICACIONES, S.L.

b) On the software subject to this license, LANDATEL COMUNICACIONES, S.L. reserves all other copy rights and intellectual (including industrial) property as provided by current legislation.

12. Warrantees: application conditions

a) The products manufactured by LANDATEL COMUNICACIONES, S.L. (AirGiga, MikroPoint y Custodius) enjoy a two year warranty according to current legislation. This warranty shall be provided by the product manufacturer. This warranty includes parts and the necessary labour for repairs of the damaged equipment, as well as its configuration if agreed upon the moment of purchase.

The installations provided by LANDATEL COMUNICACIONES, S.L. have a two year warranty, only for those defects directly or indirectly related to faults in the execution of the installation.

b) LANDATEL COMUNICACIONES, S.L. shall not be responsible in any way for the possible faults or defects of products supplied by other manufacturers. It shall be the manufacturer himself who will account with his own warranty for the failings that products may have. The client could verify with this clause his rights and the period covered by the warranty as offered by LANDATEL.

c) Neither the warranty of the equipments, nor the warranty of the installations  include the personal visit to the client´s domicile. In the case of requiring a displacement, the client should request a maintenance contract at the moment of the purchase or, alternatively, subsequent to that, in which case an exclusion period of fifteen days shall be applied in providing this service.

d) Neither the warranty of the equipments, nor the warranty of the installations include the dismantling and subsequent assembly of the equipment or equipments with failures in the place of its running. In the case of requiring the dismantling and subsequent assembly, the client should request a cost estimate, or alternatively to enter a maintenance contract at the moment of the purchase or subsequent to that, in which case an exclusion period of fifteen days shall apply in providing the service.

e) The warranty does not include replacement of equipment, except when contracting this service at the moment of purchase. 

f) The warranty shall not be valid when it is clear that the client had opened or broken the seals of warranties, or that the equipments are showing damages or failures of maintenance, inadequate use or handling, falls, vandalism or similar actions.

g) LANDATEL COMUNICACIONES, S.L. warranties shall not cover exogenous damages, such as environmental disturbances, accidents, damages in shipment, computer attacks (virus, cracking), client´s or third party´s software, deficiencies due to the location of the installation, or disruption of power supply, among other of similar nature; as neither shall cover claims related to performance, useful life or quality of the products.

h) Except by a written agreement to the contrary, LANDATEL COMUNICACIONES, S.L. does not warrant the suitability of the products for the specific uses or performance the client decides or expects from them. Neither warrants the running without occasional dysfunctions.

i) The warranty shall not be effective if the client maintains a situation of default with LANDATEL COMUNICACIONES, S.L., whereby it is strictly necessary to settle the outstanding debt prior to obtain back the warranty coverage.

13. Warranty: procedure for repairs

a) The procedure for repairs as regards the warranty should develop along three levels:

- Level 1. Report of the anomaly through e-mail to soporte@landatel.com. Once the notification has been reviewed by LANDATEL COMUNICACIONES, S.L.´s technical service shall address the client in writing or through a phone call trying to solve the problem without the need to send the equipment.

- Level 2. The client should send the equipment. After the solution of the incident through the channel of level one has run out, the equipment should be sent to LANDATEL COMUNICACIONES, S.L. previous request of the corresponding RAM number (see return of equipments in clause 9). After receipt thereof,  LANDATEL COMUNICACIONES, S.L. technical team will proceed to inspect the equipment and check the possible damage.

- Level 3. Send to manufacturer and return to client. After checking the damage of the equipment and verify the condition of the warranty seals thereof, LANDATEL COMUNICACIONES, S.L. will send the equipment to its manufacturer together with the necessary documentation and description therein in the language designated by the manufacturer. All shipments will be sent together on a monthly basis, therefore it might take several days until the equipment is sent to manufacturer. Once the unit is repaired or replaced, it will be sent to LANDATEL COMUNICACIONES, S.L. and immediately sent to client.

b) LANDATEL COMUNICACIONES, S.L. offers to his clients the possibility to contract a Warranty of Replacement service (see description in clause 14 of these General Conditions) and theretofore avoiding delays in the operating capacity of installations.

c) If during the level 2 inspection a manipulation by the client is detected causing failure or breakdown due to errors of the configuration, LANDATEL COMUNICACIONES, S.L. will invoice the client the amount of €40+VAT for the time spent in checking and solving the failure. Payment of said amount shall be made prior to returning the equipment to the client by LANDATEL COMUNICACIONES, S.L.

d) Shipping expenses shall be borne by the client, except if he is a consumer, in which case they shall be borne by LANDATEL COMUNICACIONES, S.L. Notwithstanding, when the consumer had expressly selected a way of delivery other than the less expensive ordinary delivery, LANDATEL COMUNICACIONES, S.L. shall not be obliged to reimburse the additional costs involved therein.

14. Warranty of Replacement

a) With the object to avoid delays in solving breakdowns and keep a high operating capacity degree of client´s equipment, LANDATEL COMUNICACIONES, S.L. offers the possibility to contract a Replacement Warranty service. This service consists in the immediate substitution of the equipment sent with the corresponding RMA number.

b) Because of this service, LANDATEL COMUNICACIONES, S.L. undertakes to keep a stock of equipments of equal or higher category to those contracted by the client to proceed to its immediate shipment after reception of the broken down equipment.

c) The Replacement Warranty service contract must be entered at the moment of purchase, specifying in the invoice the serial numbers of the equipments included in the contract.

d) The Replacement Warranty can only cover simultaneously  so many equipments as contracted units at the moment of purchase, that is to say, if the client contracts the replacement warranty for one equipment, the client could only send under this model one of the equipments stated in the invoice, if he contracts two, he could send two equipments simultaneously, and so forth.

e) In the case of equipments of less than one month old, LANDATEL COMUNICACIONES, S.L. shall send as replacement a new equipment of equal or higher category. If the equipment is older than one month, LANDATEL COMUNICACIONES, S.L. shall send one unit of equal or higher category which could have been previously used.

f) Having the client contracted the Replacement Warranty service, if the failure of the equipment does not prevent functioning and further more if the equipment performs a critical service, the client could request LANDATEL COMUNICACIONES, S.L. the previous sending of the replacement equipment to minimize the possible alteration. In this case, the client shall place a deposit equivalent to the value of the equipment, which will be reimbursed after reception of the broken down unit.

15. After-Sales Services

LANDATEL COMUNICACIONES, S.L. offers to his clients the following types of after-sales service:

Free of Charge. Through electronic means as provided by LANDATEL COMUNICACIONES, S.L. to clients: web pagechat on line, e-mail.

Paying - Telephone. Through packs of telephone support of one, five or ten calls, or by three-month, six-month or annual contracts.

Paying – Personal attention. Through contracts of technical assistance services  in situ.

16. Customer service

a) For settling any doubt, incident or claims related to orders issued or with products or services purchased, LANDATEL COMUNICACIONES, S.L. is at the full disposal of his clients  in the Customer Services, Carretera de La Coruña, km. 17,800 28231 Las Rozas de Madrid (España), telephone number (+34)91.146.17.00 and e-mail to info@landatel.com.

As regards consumers LANDATEL ´s customer service will provide an identifying code of his claim and a receipt in writing or in other material support ( for example, an a-mail).

b) In the case of a request for products repairs according to a warranty, the procedure will be as provided in clause 13.

c) In the case of other requests, or particularly in claims, client will go in the first place to our Customer Service, which will proceed to deal with it within 10 days from its reception. If our service were not able to provide the client with a solution within that period, the client will be informed about the matter and will establish an additional period of another thirty days, which will be reduced to a total of one month in the case of consumers. If the client is not satisfied with the solution provided by LANDATEL COMUNICACIONES, S.L., he will be fully entitled to take his claim to the solution of conflicts instance as provided by these General Conditions.

d) As a further warranty to his clients, LANDATEL COMUNICACIONES, S.L. will keep a file with all main incidents related to each of the claims received.

17. Contractual Termination

a) Either party can terminate the contract thereof with prior notification in writing to the other party when the following causes concur:

  • upon the filing by the other party of a petition in bankruptcy or insolvency, which would make impossible the payment of debts incurred;
  • the default by the other party of the performance of these General Conditions herein, if after written request to the defaulting party to comply, the default is not cured within thirty days.
  • If the situation of the circumstances of Force Majeure referred to, among others, in clause 6 e) of the present General Conditions thereof, continue for a period over two months, without prejudice that the respective period of the parties to perform their obligations stemming from the contract may be increased by mutual agreement to another further period, with the two months limit as aforementioned.

b)  LANDATEL COMUNICACIONES, S.L. can unilaterally terminate the contract by a prior written notice to the client, if the latter were not paying the price therein within the agreed time.

18. Governing Law and Dispute Resolution

a) Without prejudice to the legal rights recognised to clients who have the condition of consumers, the present General Conditions and its interpretation, as well as any conflict stemming from contracts between  LANDATEL COMUNICACIONES, S.L. and his clients shall be governed by the laws of Spain.

b) With express waiver of his own charter, the parties commit to abide by the Courts of the Autonomous Community of Madrid (Spain).

c) When making an order through this web, the client shall be responsible to comply with legislation applicable in the country of reception of material thereof, and Landatel shall remain harmless of any responsibility therein.

 

ANNEX

Cancellation Form Model

ONLY VALID FOR CONTRACTS WITH CONSUMERS AND USERS

(The consumer should only fill in and send the present form if he wants to cancel the contract)

– To the attention of LANDATEL COMUNICACIONES, S.L., Carretera de La Coruña, km. 17,800 28231 LAS ROZAS DE MADRID, Number of fax…  e-mail: INFO@LANDATEL.COM:

– I/We hereby inform you (*) that I want to cancel/we want to cancel my/our (*) sales contract of the following product/installation of the following service (*)

– Ordered/received the (*)

– Name of consumer or user

-  Domicile of consumer or user

– Consumer´s signature  (only if the form is on paper)

– Date

(*) Delete if not applicable.» 

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