Terms and conditions

GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Conditions for leasing computer and audio-visual equipment (hereinafter, “Conditions”) through the website globalrentingsl.es, property of GLOBAL RENTING HARDWARE & NETWORK, S.L. under the trademark of GLOBAL RENTING, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the USER’s disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by GLOBAL RENTING HARDWARE & NETWORK, S.L. It is the USER’s responsibility to read them periodically, since those in force at the time of placing orders will apply. GLOBAL RENTING HARDWARE & NETWORK, S.L. will archive the electronic document where the purchase is formalised and will have it available to the USER in case he/she requests it.

Contracts shall not be subject to any formalities except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• You have read, understood and comprehend what is stated herein.
• A person with sufficient capacity to enter into contracts.
• Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is GLOBAL RENTING HARDWARE & NETWORK, S.L., with registered office at C/ Julián Camarillo, 47 – 28037 Madrid, NIF B05279336 and customer service telephone number 91 759 62 42.

And on the other hand, the USER, a legal person or professional registered on the website using a username and password, for which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER. The products offered through this website are aimed at professionals and companies, so these conditions are not governed by consumer regulations.

Purpose of the contract

Depending on the type of contract chosen by the USER, the purpose of this contract is:

• Regulate the contractual lease relationship between the PROVIDER and the USER. The contractual lease relationship entails the delivery, maintenance and subsequent return of a specific product in exchange for a price determined and publicly displayed through the website.
• Regulate the rental conditions of the computer products selected by the USER in the leasing mode.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email address info@globalrentingsl.es so that GLOBAL RENTING HARDWARE & NETWORK, S.L. can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account.

For this reason, the USER must freely and voluntarily provide the personal data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, agreeing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force Majeure.
6. Competence.
7. General information about the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, fees and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that payment has been made.

Merchandise shipments will usually be made by EXPRESS MESSENGER (SEUR), according to the destination freely designated by the USER.

Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.

Delivery time will be between 2 and 4 working days, depending on the destination and the payment method chosen. The expected shipping and delivery date will be provided prior to order confirmation.

Failure to execute the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

Delivery will be considered to have been made when the carrier has made the products available to the USER and the USER, or his/her delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract.

The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER’s responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

3. SPECIAL CONDITIONS OF THE RENTING CONTRACT

Included Products. The products available for rent will be those expressly offered in this type of contract through this website.

Contract Duration. The contract will have a minimum duration of 3 days and a maximum of 120 days. The exact duration will be the one selected at the time of contracting by the USER and will be reflected in the invoice. Once the term has ended, the Client may choose:

• Renew the contract.
• Return the products.
• Purchase the products. (The User may purchase the products on a minimum rental period of 36 months at the end of the period by paying an additional monthly fee)

Fees and Payment Methods. The Client agrees to pay the amount specified at the time of contracting.

• Payment will be made by bank transfer, credit card or other agreed method.
• Late payment will generate late payment interest of 4% per month on the amount owed.

Bail.

Each order is associated with a deposit depending on the equipment to be contracted. This deposit is not subject to VAT. The amount of the leased equipment with its corresponding VAT will also appear on this same invoice, as well as the shipping costs and any other contracted service.

Once the rental has been completed and the good condition and operation of the equipment has been verified, the deposit will be returned in the same form of payment as it was given.

If the equipment were to suffer any impact or malfunction of its components due to negligent use, said deposit would be used to cover the repair partially or in full if necessary, sending the User the corresponding invoice for the repair and the return of the remainder of the deposit if applicable.

Delivery and Maintenance of Products

The PROVIDER undertakes to deliver the products to the location indicated by the USER within the agreed period.

The PROVIDER will guarantee the maintenance and repair of the products during the term of the contract, except in cases of damage resulting from improper or negligent use by the USER.

USER Obligations.

The USER agrees to:

1. Make proper use of the products.
2. Immediately inform the PROVIDER of any damage, breakdown or loss.
3. Do not transfer, sublease or assign the products to third parties without written authorization from the PROVIDER.
4. Return the products at the end of the contract in the same condition in which they were delivered, except for normal wear and tear due to use.
5. The PROVIDER is not responsible for data that has not been recovered from the devices once they have been returned. Such data will be deleted in accordance with Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data.

Liability and Insurance

• The USER will be responsible for any loss, damage or deterioration caused by improper or negligent use.

Early Termination of Contract.

The contract may be terminated early in the following cases:

1. For breach of the obligations of the USER or the PROVIDER.
2. By mutual agreement between the parties.
3. For reasons of force majeure duly justified.

In the event of early termination due to non-compliance by the USER, the USER must pay the outstanding fees until the end of the contract, as well as any additional expenses generated.

Ownership of the Products. The PROVIDER will retain ownership of the products subject to leasing at all times. The USER will not acquire ownership rights over them, unless a purchase option is agreed upon at the end of the contract.

4. COMPLAINTS

Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:

Postal address: GLOBAL RENTING HARDWARE & NETWORK, S.L., C/ Julián Camarillo, 47 – 28037 Madrid Phone: 91 759 62 42 E-mail: info@globalrentingsl.es

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the rental.

If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of GLOBAL RENTING HARDWARE & NETWORK, S.L. or to what is stipulated herein will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services attached to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.

Before you rent, you can check all the details of your quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.

Once the order has been placed, prices will remain the same whether or not products are available, and may be replaced by others with equal or better features.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has provided at the time of placing the order. This invoice will be sent in paper format together with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you wish to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 91 759 62 42 or via email at info@globalrentingsl.es.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

Shipping costs will be calculated when saving the basket or quote, as they are calculated by the weight of the products and the delivery address.

10. PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:

• Credit card
• Bank transfer.

The USER may use a discount coupon at the time prior to completing the purchase if he or she has received it from the PROVIDER.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.

11. PURCHASE PROCESS

In the sales section of the website there is a catalogue that can be added to the basket, even with a rental order. These products come from rental companies and have undergone a diagnostic and inspection process.

The warranty for these products is established in Royal Legislative Decree 1/2007, of November 16, for 1 year. However, since the product is used, normal wear and tear or minor defects due to previous use are not considered to be covered by the warranty. In any case, these defects will be reflected in the product description.

In this case, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.

From the basket you can place an order by following the steps below for its correct formalization:

1. – Checking billing data.
2. – Verification of the shipping address.
3. – Selection of payment method.
4. – Place the order and make payment for the order.

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided regarding the status of the order and the approximate shipping and/or delivery date.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly stated. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the PROVIDER’s domicile.