General Terms & Conditions of Sale Updated 07/05/2024
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") govern relations between:
(hereinafter the "Seller" or "We" or "Us")
and
- customers ordering one or more products on the website www.screwfix.eu (hereinafter the "Customer" or "Customers" or "You")
To complement its traditional retail business, the Seller has developed an e-commerce service to sell products through the website www.screwfix.eu (hereinafter the "Website"). To provide this service, the Seller uses logistics platforms.
Customers can obtain the products ordered via home delivery only.
The act of placing an order on the Website implies the Customer's acceptance of these General Terms and Conditions of Sale. For certain products, special terms and conditions may be added to the General Terms and Conditions of Sale. If this is the case, these special terms and conditions are specified in the product data sheet.
By checking "I order with obligation to pay," the Customer acknowledges having read and accepted the General Terms and Conditions of Sale.
The Customer is advised to keep and/or print the General Terms and Conditions of Sale.
1. Scope of Application, Enforceability and Duration of the General Terms and Conditions of Sale
2. Orders
3. Product Specifications and Prices
4. Payment Terms
5. Delivery
6. Retention of Title and Transfer of Risk
7. Right of Withdrawal
8. Guarantees
9. Seller's Customer Services Department
10. Data Protection
11. Liability
12. Applicable Law - Dispute Settlement – Mediation
Appendix - Sample withdrawal form
Appendix A – Terms & Conditions specific to Customers in Austria
Appendix B – Terms & Conditions specific to Customers in Belgium
Appendix C – Terms & Conditions specific to Customers in Netherlands
Appendix D – Terms & Conditions specific to Customers in Poland
Appendix E – Terms & Conditions specific to Customers in Spain
Appendix F - Terms & Conditions specific to Customers in Sweden
1. SCOPE OF APPLICATION, ENFORCEABILITY AND DURATION OF THE GENERAL TERMS AND CONDITIONS OF SALE (If you are in Austria, please refer to Appendix A below; if you are in Poland, please refer to Appendix D below)
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly accepts them. This acceptance will be given for each order. As such, the Customer unreservedly accepts all of the provisions of the General Terms and Conditions of Sale, to the exclusion of any that are not expressly stated.The General Terms and Conditions of Sale are those in force on the date of the Customer placing the order. The General Terms and Conditions of Sale are valid for the period necessary for the delivery of the products purchased.
If the Seller chooses to waive recovery from a breach of any of the clauses of the General Terms and Conditions of Sale, this will not be construed as a waiver of any subsequent recovery right from a future breach of such clause.
Unless there is evidence to the contrary, the data recorded in the information systems of the Seller or its technical service providers constitute evidence of the entire transaction that has taken place between the Seller and the Customer.
The Seller reserves the right to amend the General Terms and Conditions of Sale at any time. These modifications will not affect orders already placed, which remain governed by the version of the General Terms and Conditions of Sale existing at the time of order confirmation. The Customer is therefore advised to read the General Terms and Conditions of Sale carefully before placing each order.
2. ORDERS (If you are in Poland, please refer to Appendix D below)
2.1. Customer Account
Before placing their first order, Customers have to register by creating an account and filling out their details.
Customers identify themselves as either:
- A “Professional” (defined as any individual or legal entity acting for purposes relating to that individual's/entity's trade, business, craft, freelance profession or agricultural activity); or
- A “Consumer” (defined, in accordance with the regulations, as any individual acting for purposes not relating to that individual's trade, business, craft, freelance profession or agricultural activity).
When reference is made to ‘Consumer(s)’ or to ‘Professional(s)’ only (and not to Customers in general) in these General Terms and Conditions of Sale, the right (or obligations) will only be enforceable by you acting either as a Consumer or as a Professional for the purchase of the products.
Customers are responsible for the proper use of their accounts.
You must attest to being of legal age and being able to enter into contracts. You undertake to submit accurate and genuine information and to update this information without delay.
Whenever Customers visit the Website, access their personal data under "My account" or place an order, they will have already been identified when they logged in with their username and password. Customers can make changes to their personal data and notification preferences in "My account."
We will only call Customers unrelated to an existing contractual relationship if the Customer has consented to this or this is allowed by the laws applicable to the Customer.
Any Customers wishing to deactivate their account should send an email or registered letter with acknowledgment of receipt to the Customer Services Department (see Article 9 "Seller's Customer Services Department"). The account will be deactivated within seven days of receipt of this email.
2.2. Customer's Order Confirmation (if you are in Austria, please refer to Appendix A below)
Orders are placed on the Website using a "double-click" process allowing Customers to confirm their order and personal data.Each product has to be added to the basket. A summary of all products in the basket can be displayed by clicking on the "Basket" icon. At this stage, Customers can check, change and delete selected products.
Customers can then confirm the basket by clicking on the "I order with obligation to pay" button. Orders that are not confirmed cannot be processed. Simply adding a product to the basket does not constitute confirmation of the order. After confirming the order, Customers will enter the payment method details and acknowledge their payment obligation, according to the procedures described in Article 4.
After the order is placed and accepted by the Seller, the Customer will immediately receive an order confirmation, which will be sent to the e-mail address provided by the Customer. The Seller advises Customers to keep a record of the order information, either on paper or in a reliable electronic format.
2.3. Seller's Order Confirmation
Each order placed is associated with a unique order number.
The Seller sends an automatic email to the Customer acknowledging receipt of and summarizing the order. This automatic email does not constitute acceptance of the Customer’s offer (see above).
Customers may be asked for additional information for certain orders to comply with specific legal provisions (particularly sales of certain products). In this case, Customers will be sent an email outlining which supporting documents they need to send for their order to be confirmed. The order will not be confirmed until this information has been received and validated. The Seller reserves the right to cancel the order if these supporting documents are not received or the documents received are not compliant.
The Seller also reserves the right not to confirm an order under certain circumstances, for example if payment authorization is refused by officially accredited organizations or there is a payment dispute pending, in the event of an incomplete order, a foreseeable problem concerning the product supply or if a withdrawal or recall procedure has been initiated in relation to one or more of the products ordered. The Seller will inform the Customer of this by email.
Lack of confirmation by the Seller should not be construed as confirmation and acceptance of the order.
3. PRODUCT SPECIFICATIONS AND PRICES
3.1. Product Specifications
Every product on the Website has a data sheet detailing its basic specifications. However, the Customer should read the user manual or any other information included with the item or marked on the item or its packaging (precautions for use, conditions of use, etc.).
At the time of placing an order, the Customer acknowledges having read any special terms and conditions of sale indicated on the product data sheet (name, price, components, weight, quantity, color and specific features of the products, the cost of services and restrictions on certain product categories) and expressly accepts them.
3.2. Product Availability/Validity of Products for Sale
Products for sale and prices are valid as long as they are visible and available (the "Add to basket" button is present). Any product that has become unavailable is indicated as such. However, simply adding an item to the basket does not constitute confirmation of the order. In other words, the product may become unavailable between the point in time at which it is added to the basket and the order is confirmed by the Customer.
Products may also be on sale while stocks last. The stock shown on the Website is regularly updated, unless there are technical issues beyond the Seller's control. If the product is not available, the Seller undertakes to inform the Customer of this as quickly as possible.
3.3. Prices
3.3.1. Product Prices (if you are in Poland, please refer to Appendix D below)
The prices shown are based on the delivery location selected by the Customer and cannot under any circumstances be applied to other pages of the Website. The prices and availability of products may therefore vary by geographic area.
Product prices are shown on the Website in euro (or, for customers in Poland, zloty), inclusive of all taxes, and include any applicable eco-tax in effect at the time of the order.
The prices shown do not include shipping costs, which are borne by the Customer and are based on the delivery method chosen (see Article 3.3.2 "Shipping Costs" below).
Prices are subject to change by the Seller at any time. However, the price billed to the Customer is the price that appears on the Website when the order is confirmed by the Customer.
In the event of an input, printing or calculation error resulting in a price being shown that is significantly lower than the price normally charged, the Customer will be charged the lower price, unless this price is a manifest error, i.e. it bears no relation to the actual value of the item ordered. In this case, the order, even if it has been automatically confirmed by the Seller, will be canceled. The Customer will be informed as soon as possible so that they can, if they wish, re-order at the normal price.
3.3.2. Shipping and Handling Costs
Customers are given an indication of the delivery cost for their item when it is added to the basket. The overall delivery cost for all products in an order is recalculated after the basket is confirmed and before the online payment stage. The overall shipping and handling cost for the order is included in the order summary and on the invoice.
Delivery fees for all orders delivered will appear on the invoice:
- Orders of 75.00EUR and over will qualify for free delivery
- Orders of 74.99EUR and below will attract a delivery charge of 5.00EUR
- Orders of PLN343.50 and over will qualify for free delivery.
- Orders below PLN343.50 will attract the delivery fee of PLN25.00.
Customers acknowledge that they are fully informed of the shipping and handling costs that are added to the price of products.
3.4. Management of Waste-Generating Products
3.4.1. Eco-Tax (if you are in: Austria, please refer to Appendix A; Belgium, please refer to Appendix B; Poland, please refer to Appendix D)
When a new product is purchased, an environmental contribution (“eco-tax”) may be billed to the Customer, in accordance with current regulations. It is used to fund the establishment of a network for the recovery of used products through reuse, recycling or energy recovery. It varies in amount, according to the product and the type of processing required. If regulations so require, the amount is shown on each product data sheet, separate to the price of the product.
3.4.2. Procedure for Returning Certain Products (If you are in: Austria, this article is referred as 3.4.1; Belgium, this article is referred as 3.4.1; Poland, this article is referred as 3.3.3 and also, please refer to Appendix D below)
The Customer cannot dispose of waste from certain products, such as electrical and electronic equipment, with unsorted municipal waste, due to the presence of hazardous substances in these products and/or their potential effects on the environment and human health. The Customer will nevertheless be able to choose between the various existing collection systems, such as municipal collections, recycling centers and social economy practitioners.
In accordance with applicable legislation, in order to improve the collection of products covered by the extended producer responsibility regime, distributors of these products may be required to take back, free of charge, or to arrange to have taken back free of charge on their behalf, used products that the end user is disposing of, within the limit of the quantity and type of product sold or the products it is replacing.
In this context, if the Customer purchases an electrical or electronic domestic product, the Seller or any party appointed by the Seller for this purpose undertakes to take back the Customer's old equipment or arrange to have it taken back, free of charge and within the limit of the quantity and type of equipment sold. The old product will be transferred to the Seller or any party appointed by the Seller for this purpose, which will then make it available to an eco-organization. This eco-organization will be tasked with selectively processing, recovering and destroying waste from collected products, in accordance with current regulations.
The Seller or any party appointed by the Seller for this purpose takes back used products if the Customer contacts Customer Services so that the Seller can arrange for the used item to be taken away free of charge. The Customer must then be present on the day of collection. If the Customer is unavailable, the Seller must be informed by the Customer by telephone as soon as possible and no later than 24 hours before the date arranged. The item will be collected on the sidewalk in front of the Customer's home or at the foot of the building (not upstairs).
The Seller may refuse to take back any used item that, due to contamination or improper handling, presents a risk to the health and safety of the staff responsible for taking it back that cannot be avoided using conventional personal protective equipment or common packaging materials made available by the manufacturers or eco-organizations. In this case, the Customer will have to choose between the various existing collection systems, such as municipal collections, recycling centers and social economy practitioners.
4. PAYMENT TERMS (If you are in: Poland, please refer to Appendix D below)
Customers explicitly acknowledge their payment obligation when confirming the order. In other words, by clicking on the "I confirm my order and pay " button, the Customer acknowledges that placing an order entails payment of the order.
Payment must be made for the products and for the shipping and handling costs when the order is placed on the Website. The payment is debited when the order is taken.
The Customer may make payment:
- By bank card (American Express, Cartes Bancaires, Mastercard, Visa)
- By PayPal: When opting to pay via PayPal, the customer will be automatically directed to their PayPal account. Once the PayPal payment has been confirmed, the Customer will be able to complete the order
- By Google Pay (available only by mobile phone)
- By Apple Pay (available only by mobile phone)
- By Shop Pay
The Seller uses the most reliable secure payment systems: Secure Socket Layer (“SSL”), 3D Secure and SET (for Customers with a bank card reader connected to their computer) protocols or through the WORLDPAY service for payment by bank card.
During the payment transaction, the Customer is automatically connected to the payment processing server centre.
Payment details, which are protected through encryption, do not pass through the Seller’s systems (and are therefore not stored by the Seller).
In the event that the Seller is unable to ship part of the order, the Customer's payment will be reduced, before it is processed for collection, or refunded, by the price of the unavailable product and any increase in shipping costs related to that product.
For Professionals only: in addition to any applicable statutory recovery fees (with a minimum of €40) , overdue sums will automatically result in the application of late payment penalties equal to three times the legal interest rate (and one time the Belgian legal interest rate for Customers in Belgian), due the day after the settlement date. The costs of any disputed recovery procedure will be borne by the Customer.
5. DELIVERY
The products are delivered to the delivery address indicated by the Customer during the order process. The Customer then undertakes to receive the products at the address provided when ordering. Delivery takes place when the Customer, or a third party designated by the Customer, takes physical possession or control of the item(s).
Delivery is understood to take place at the doorstep of the address provided by the Customer (sidewalk in the case of a building, property line in the case of an individual house) and in the presence of the Customer or any person authorized to receive the item(s). Delivery drivers are not required to enter the Customer's home. The Seller reserves the right not to follow up an order from a Customer that is unable to provide proof of their delivery address at the request of the Seller's Customer Services Department or the delivery driver.
The package is delivered to the delivery address provided by the Customer when ordering, by hand, or to the Customer's mailbox.
A tracking number will be sent to the Customer by email. If no one is home on the day of delivery and if the package is too big to fit in the mailbox, a non-delivery notice will be left in the mailbox.
The package will then be redelivered to the delivery address within fourteen (14) days of the date of the non-delivery notice. The Customer may also pick up the package from a post office or from the carrier's premises during the same period.
The order will be returned to the Seller at the end of this period. The Seller will then refund the item(s) within fourteen (14) days of receipt of the return of the package, complete and in its original condition.
5.1.1 Delivery Period
The order confirmation sent by email to the Customer indicates either:
- The delivery timescale, or
- The selected delivery slot (day/time) (if this option was offered to the Customer when placing the order and was confirmed by the Seller)
When all or part of the order is dispatched, the Customer will receive an email or SMS message confirming that the order has been dispatched.
Delivery periods are indicated in working days, i.e. excluding weekends and public holidays in the place of delivery.
Delivery periods run from the day after payment is made.
Certain specific products may cause the delivery date to be changed depending on the carrier. Depending on the availability of products and carriers, the order may be delivered in one or more deliveries, at no extra cost to the Customer.
In the event of a foreseeable extension of the delivery period shown in the order, the Seller undertakes to inform the Customer as soon as possible and by any means, so that the Customer can choose whether to keep or cancel all or part of the order.
If the delivery period is exceeded, for reasons not attributable to the Customer, the Customer may without prejudice to the award of damages:
1. Notify the Seller of the suspension of payment of all or part of the price until the Seller complies
2. Terminate the contract if, having given notice to the Seller to deliver or provide the service within a reasonable additional period, the Seller has not complied within this period. In this case, the Customer should contact the Seller's Customer Services Department (see Article 9 "Seller's Customer Services Department").
The contract is considered terminated upon receipt by the Seller of the letter or written notification informing it of this termination, unless the Seller has complied in the interim.
The Customer may, however, immediately terminate the contract:
1. If the Seller refuses to deliver the order or when it is clear that it will not deliver the order.
2. When the Seller does not fulfill its obligation to deliver the order on the date or at the expiration of the period indicated to the Customer and this date or this period constitutes for the Customer an essential condition of the contract. This essential condition is due to the circumstances surrounding the conclusion of the contract or to an express request by the Customer before the conclusion of the contract.
If the contract is terminated in the above cases, the order concerned will then be fully refunded to the Customer within a maximum period of fourteen (14) days following the date on which the contract was terminated.
5.1.2 Receipt of Items
The Customer agrees to provide identification, if requested by the delivery driver, by means of a valid official document and by communicating, if necessary, the order number notified in the email confirming receipt of the order.
If the Customer is unable to receive the order in person, a third party can be appointed to represent them, with authorization and the order number.
No request for delivery of ordered products can be honoured if the Customer does not comply with the above conditions.
The Customer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery driver.
If a problem is observed (non-confirm delivery or visible defects such as product fault or failure to supply the user manual or installation instructions, damaged warranty strip (adhesive tape), damaged package (opened, knocked, etc.), missing or damaged products, etc.), the Seller advises the Customer not to accept the package or to state any reservations on the delivery note in a clear, precise and comprehensive manner (which item shows what kind of damage, condition of the package, etc.). In particular, it is advisable to avoid any general reference such as "subject to unpacking." It is also important to have the delivery driver co-sign and keep a copy of the document. Failure to comply with the above procedure does not exclude the customer's rights to claim restoration of conformity of the products with the contract in accordance with applicable regulations.
Lastly, in the event of reservations and/or if delivery is refused, the Customer is asked to contact the Seller's Customer Services Department for a follow-up. In order to contact us effectively, please provide your order number.
For Consumers: the absence of reservations made by the Customer upon receipt of the product does not exempt the Seller from providing the Customer with the guarantee of conformity for the item that it owes to the Customer in this case.
An inability to complete the delivery to the Customer due to the latter's actions (failure to collect packages after non-delivery notice, failure to mention specific access conditions when placing the order, etc.) or a reservation on receipt will result in the immediate cancellation and refund of the order.
Any risk of loss or damage of the products is transferred to the Customer when the latter or a third party authorized by it physically takes possession of the item.
6. RETENTION OF TITLE AND TRANSFER OF RISK (If you are in: Poland, please refer to Appendix D below)
It is agreed that the products delivered or handed over and billed to the Customer will remain the property of the Seller until paid for in full. Failure to pay may result in the Seller claiming the products back.
The above provisions do not impede—either from the time the Customer or a third party designated by it physically takes possession of the products, or from handover of the products to the carrier when the Customer has assigned delivery of the products to a carrier other than that proposed by the Seller—the transfer to the Customer of the risks of loss or damage to the products or of damage that they may cause.
7. CONSUMER – RIGHT OF WITHDRAWAL
7.1. Principle (If you are in: Austria, please refer to Appendix A below; Poland, please refer to Appendix D below)
Consumers have fourteen (14) days to exercise their right of withdrawal from contracts entered into online, without having to provide a reason for their decision.In this case, Consumers must notify the Seller of their decision to withdraw, sending it, before expiry of the above-mentioned period, the standard withdrawal form (see Appendix below), or a clear and unambiguous statement expressing their wish to withdraw.
The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the Consumers, or a third party designated thereby, physically takes possession of the products.
7.2. Exceptions
The right of withdrawal cannot be exercised in specific cases of:
- Bespoke or clearly personalized products made to Consumers specifications (for example cuttings (chains, ropes, garden hoses, electric cables, glass, etc.), and generally any item made to measure, i.e. resized and/or personalized for the Consumers.
- Goods likely to deteriorate or expire rapidly.
- Goods which have been opened by the Consumer after delivery and which cannot be returned for reasons of hygiene or health protection (notably PPI (respiratory protection, safety goggles), locks and cylinders, products in the form of paste/powder/liquid/gas, chemicals, batteries).
- Goods or services supplied for which the price depends on financial market fluctuations outside the control of the Seller and liable to occur during the withdrawal period.
- Goods which, after having been delivered and on account of their nature, are mixed inextricably with other products.
7.3. Conditions for Returning Goods (If you are in: Poland, please refer to Appendix D below)
Consumers must return the item(s) subject to the withdrawal to the Seller promptly and, in any event, within fourteen (14) days of the date on which they notify the Seller of their decision to withdraw. This period is deemed to be observed if the Consumers sends back the item(s) prior to the expiration of the fourteen (14) day period.Items must be returned in their original packaging and in good condition, along with any accessories supplied and documentation. The item(s) must be perfectly resalable. In other words, any product that is incomplete or damaged by the Customer due to handling other than that necessary to establish its nature, properties and correct operation will not be refunded.
To make a return, please send an email to eucontact@screwfix.eu and you will be informed of the process.
In the absence of a returns form issued by the Seller, the return of the products will be at the expense of the Customer (arrangement, costs and transport risk).
7.4. Refunds on Goods (If you are in: Poland, please refer to Appendix D below)
If the right of withdrawal is exercised by the Customer, the Seller is obligated to refund the total amount paid by the Customer, including delivery costs, without any unjustified delay and within fourteen (14) days from the date on which it was notified of the Customer’s decision to withdraw. The return costs are borne by the Seller.
However, the Seller may defer the refund until the products have been received or until the Customer has provided proof of dispatch, whichever comes first.
The Seller will issue the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method proposed by the Seller.
An item bought on promotion will be refunded at the price actually paid by the Customer.
To make a return, please send an email to eucontact@screwfix.eu and you will be informed of the process.
8. GUARANTEES
8.1. CONSUMER – Legal Guarantees (If you are in: Austria, please refer to Appendix A below; Belgium, please refer to Appendix B below; Netherlands, please refer to Appendix C below; Poland, please refer to Appendix D below and to the Article as “Warranties”; Spain, please refer to Appendix E below; Sweden, please refer to Appendix F below)
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article 9 “Seller’s Customer Services Department”) to exercise the legal guarantee of conformity, and the legal guarantee against hidden defects mentioned in Articles L. 217-3 to L. 217-17 of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code.
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of two years from the delivery of the products to claim under the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity and not the date of its appearance.
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service for a period exceeding two years, the legal guarantee is applicable to that digital content or digital service throughout the planned supply period. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Seller, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item repaired or replaced within 30 days of their request, without charge and without major inconvenience to them.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if:
1. The Seller refuses to repair or replace the item;
2. The repair or replacement of the item takes longer than a period of 30 days;
3. The repair or replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item;
4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable for a civil fine of a maximum amount of €300,000, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
8.2. Commercial Guarantee (If you are in: Austria, please refer to Appendix A; Poland, please refer to Appendix D, and to article 8.3)
In addition to the legal guarantees owing by the Seller, certain products come with a commercial guarantee granted either by the product manufacturer or by the Seller. When the guarantee is granted by the Seller, the latter specifies this clearly in the product data sheet or product warranty document, including the length of the guarantee period. Where the commercial guarantee is offered by the manufacturer, the Seller will act solely as intermediary to pass on the request to invoke the guarantee and cannot be held responsible for application of the commercial guarantee.
The commercial guarantee takes effect from the date of delivery of the item.
The scope and period of this guarantee differ across products and brands. The Seller therefore advises Customers to carefully read the instructions for use provided with the products, and the exact terms and conditions of any associated guarantees.
Unless otherwise specified on the item, the commercial guarantee applies only in the place of delivery.
Compliance with the stipulations of the guarantee implies that the Customer will honour the financial commitment toward the Seller and will use the item in a normal and continuous fashion, particularly in conformance with the instructions for use and maintenance.
Any limitation on the manufacturer's warranty will equally apply to the application of the Seller's commercial guarantee, which cannot exceed that of the manufacturer.
Should the product cease to work or malfunction, the Seller's commercial guarantee covers the replacement of it.
The Seller shall replace the faulty product with an equivalent item offering equal or better features than the original. The replacement item will be a new or refurbished product. Only the technical properties of the original product are used to determine the choice of replacement product, regardless of the value of the initial product.
Any commercial guarantees are intended to supplement (not substitute) the terms of restoring conformity set out in the legal guarantees.
The following are not covered by the commercial guarantee:
- Accessories and parts for which gradual and progressive wear requires renewal, replacement or regular maintenance, such as filters, power packs, batteries, display products, lamps, spark plugs, tires, cables, blades, knives, belts, chains, brake pads, etc.
- Breakdowns and damage caused by incorrect handling or resulting from misuse, poor or insufficient maintenance or failure to comply with the manufacturer's instructions.
- Damage resulting from negligence, faulty installation or installation that is not compliant with the manufacturer's instructions or carried out by the Customer or by a third party not approved by the Seller.
- Modifications made to the original characteristics of the product.
- Damage resulting from the effects of fire, accident, water damage, oxidation, lightning strike, explosion and, generally, poor care of the product.
- Damage from factors external to the product (foreign bodies, insects, rodents, etc.).
- Blows, impacts, scrapes.
- Incompatibilities between different products, i.e. using a product with a second product where there is no clear indication in the product manual that they can be used together.
9. SELLER'S CUSTOMER SERVICES DEPARTMENT
For any questions, information or complaints, help and contact information can be found here.
You can also contact the Seller's Customer Services Department:
- By writing to: Customer Correspondence [Screwfix.eu], Screwfix Direct Limited, Trade House, Mead Avenue, Yeovil, BA22 8RT, UK
- By email: eucontact@screwfix.eu
10. DATA PROTECTION
As data controller, Screwfix ensures the protection of your personal data.
Our data protection policy, which is available on our website here states how any personal data you provide are processed, in other words, how they are collected, used, shared, retained or deleted. That policy also details your rights in this respect and how to exercise them.
We are committed to complying with GDPR and corresponding national legislation in the jurisdictions of our customers.
11. LIABILITY (If you are in: Austria, please refer to Appendix A; Poland, please refer to Appendix D)
The Website normally is accessible 24 hours a day, barring maintenance or technical issues experienced by the Seller. The Seller cannot in any event be held liable for temporary interruption or modification to the Website.
The Seller may be exempted from all or part of its liability by demonstrating that poor performance of or failure to perform the contract is attributable either to the Customer or to the unforeseeable and insurmountable action of a third party to the contract, or to a case of force majeure (as defined by regulations).
The Seller's liability cannot, for example, be incurred by the following:
- Malfunction of the Internet, electrical breakdown or incident on the server preventing due processing of the order.
- Viruses, computer bugs, anomalies, technical failures.
Customers will take all necessary measures to protect their own data and/or software stored on their IT equipment against any attacks.
The Website may include hyperlinks to other websites, which are subject to their own rules for using the Customer's personal data. Customers are advised to carefully read the rules for using these sites, particularly rules applicable to their personal data. The Seller offers no undertaking regarding these other websites to which Customers may gain access via the Website, particularly concerning their content, operation or access, and the use they make of Customers' personal data.
12. APPLICABLE LAW - DISPUTE SETTLEMENT – MEDIATION (If you are in: Austria, please refer to Appendix A; Belgium, please refer to Appendix B; Poland, please refer to Appendix D; Spain, please refer to Appendix E; Sweden, please refer to Appendix F)
The General Terms and Conditions of Sale are subject to French law.
In the event of a dispute, the Customer can first of all contact the Seller's Customer Services Department in order to seek an amicable solution.
12.1. Recourse to Customer Services (If you are in: Austria, please refer to Appendix A; Poland, please refer to Appendix D; Spain, please refer to Appendix E)
In the event of a disagreement or dispute, the Customer can contact the Seller's Customer Services Department in order to seek an amicable solution.
12.2. Recourse to the Consumer Ombudsman (for Consumers) (If you are in: Netherlands, please refer to Appendix C; Poland, please refer to Appendix D)
If the complaint made to the Customer Services Department does not result in a resolution or if this department does not respond within two (2) months, the Customer (Consumer) may take the dispute with the Seller to AME Conso, the ombudsman for FME (Fédération des Magasins du Bricolage — DIY retailers' association), which will endeavor, independently and impartially, to bring the parties together to reach an amicable solution.
The ombudsman can be contacted at the following address:
AME Conso
197 Boulevard Saint-Germain - 75007 PARIS
France
By telephone: +33 (0)9 53 01 02 69
Via the website: www.mediationconso-ame.com
Alternatively, you may also file a complaint with the local dispute mechanisms in your jurisdiction.
The parties to the contract are free to accept or refuse recourse to mediation and—where mediation is used—to accept or refuse the solution proposed by the ombudsman.
To resolve a dispute following a purchase made on the Website, the Customer (Consumer) can also approach the European Union mediation platform at: www.ec.europa.eu/odr
12.3. Competent Jurisdiction (If you are in: Austria, please refer to Appendix A; Belgium, please refer to Appendix B; Poland, please refer to Appendix D)
Failing amicable settlement between the parties, the dispute will be submitted to the French courts or the competent courts in the jurisdictions.Appendix
[Except if you are in Netherlands]
SAMPLE WITHDRAWAL FORM
(Please complete and return this form
only if you wish to withdraw from the contract.)
For the attention of
Screwfix.eu
Trade House
Mead Avenue
Houndstone Business Park
Yeovil, BA22 8RT
United Kingdom
Email: eucontact@screwfix.eu
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the products (*)/the provision (*) of the services below:
Ordered on_________ (*)/Received on______________ (*):
Name of Consumer(s):
Address of Consumer(s):
Consumer(s) signature(s) (only if this form is provided on paper):
Date:
(*) Delete as applicable.
You have 14 days following receipt of your order to exercise your right of withdrawal. products.
INFORMATION CONCERNING THE EXERCISE OF THE CONSUMER RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from this contract without providing a reason, within fourteen days. The withdrawal period expires fourteen days after the day on which you personally, or a third party other than the carrier and designated by you, physically takes possession of the last item.
To exercise the right of withdrawal, you must notify us at the following address: Screwfix.eu, Trade House, Mead Avenue, Houndstone Business Park, Yeovil, BA22 8RT, United Kingdom, contact email: eucontact@screwfix.eu of your decision to withdraw from this contract by means of a clear and unambiguous statement (for example, letter sent by mail or email).
Please do not send any products to this address as this department can only handle correspondence. You can use this sample withdrawal form but this is not mandatory.
To comply with the withdrawal period, simply send your correspondence regarding the exercise of the right of withdrawal prior the expiration of the withdrawal period.
Effects of withdrawal
If you decide to withdraw from this contract, we will refund all payment received from you, including delivery costs (except for additional costs resulting from the fact that you may have selected a method of delivery other than the cheapest standard delivery option offered by us) promptly and, in any event, within fourteen days from the day on which we were informed of your decision to withdraw from this contract.
We will issue the refund using the same payment method as that used for the initial transaction, unless you expressly agree a different method; in any event, this refund will not incur any costs to you.
We may defer the refund until we have received the products or until you have provided proof of dispatch, whichever comes first.
You must return or send the products to us promptly and, in any event, within fourteen days of informing us of your decision to withdraw from this contract.
Your liability is only incurred with regard to damage to the products resulting from handling other than that necessary to establish the nature, properties and correct operation of said products.
As a reminder:
The right of withdrawal cannot be exercised in certain cases, notably for contracts:
- To supply services that are fully executed before the end of the withdrawal period and for which execution started following the prior, express agreement of the Consumer and the express waiver of the right of withdrawal.
- To supply products made to the Consumer's specifications or products that are clearly personalized.
- To supply products likely to deteriorate or expire rapidly.
- To supply products that have been opened by the Consumer after delivery and cannot be returned for reasons of hygiene or health protection.
- To supply products which, after having been delivered and on account of their nature, are mixed inextricably with other products.
Appendix A – Austria
• Article 1 from the core T&Cs is replaced by the following: 1. SCOPE OF APPLICATION, ENFORCEABILITY AND DURATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly accepts them. This acceptance will be given with each order. In this sense, the Customer unreservedly accepts all of the stipulations in the said conditions, excluding all others.
The General Terms and Conditions of Sale are those in force on the date of the order confirmation by the Customer. The General Terms and Conditions of Sale are valid for the period necessary for the provision of the products and services purchased, until the expiry of their guarantees.
Should the Seller at any given moment choose to waive a breach of any one of the clauses in the General Terms and Conditions of Sale, this will not be construed as a waiver of any subsequent breach of said clauses.
The Seller reserves the right to adapt or modify the General Terms and Conditions of Sale at any time. These modifications will not affect orders already placed, which remain governed by the General Terms and Conditions of Sale in the version existing at the time of order confirmation by the Customer. The Customer is therefore advised to read the General Terms and Conditions of Sale carefully before each new order in order to stay up-to-date with any changes.
• Article 2.2 from the core T&Cs is replaced by the following: 2.2 Customers Order Confirmation
Orders are placed on the Website using a "double-click" process allowing Customers to confirm their order and personal data.Each product has to be added to the basket. A summary of all products in the basket can be displayed by clicking on the "Basket" icon. At this stage, Customers can check, change and delete selected products.
Customers can then confirm the basket by clicking on the "I order with obligation to pay" button. Orders that are not confirmed cannot be processed. Simply adding a product to the basket does not constitute confirmation of the order. After confirming the order, Customers will enter the payment method details and acknowledge their payment obligation, according to the procedures described in Article 4.
Before the Customer clicks on the button labelled “I order with obligation to pay” (or similar), whereby a binding contractual offer is made, the Customer is not yet bound by his order. After the Customer places his order, the Customer will receive a confirmation of receipt from the Seller to the e-mail address he specified in the order process. This confirmation of receipt is generated automatically and does not constitute an acceptance of the Customer’s offer, but only informs the Customer about the receipt of the order. In this confirmation of receipt of the order, the Customer will find an overview of the order.
A binding purchase contract for the ordered products shall only be concluded with the Seller’s acceptance of the Customer's offer made by placing the order. This acceptance takes place either by transmission of a declaration of acceptance or a confirmation of dispatch or by the actual dispatching of the products to the Customer (whichever is earlier).
The Customer shall be bound by the offer made by placing the order for 14 days after placing the order. If the order is not accepted by the Seller within this period, the Customer is no longer bound by the offer.
• Article 7.1 from the core T&Cs is replaced by the following: 7.1 Principle
Consumers have fourteen (14) days to exercise their right of withdrawal from contracts entered into online, without having to provide a reason for their decision.
In this case, Customers (Consumers) must notify the Seller of their decision to withdraw, sending it, before expiry of the above-mentioned period, the standard withdrawal form (see Appendix below), or a clear and unambiguous statement expressing their wish to withdraw. The return costs are borne by the Seller.
The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and indicated by the Customer, physically takes possession of the products.
To meet the withdrawal deadline, it is sufficient for the Customer to their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
• Article 8 from the core T&Cs is replaced by the following: 8. Guarantees
Article 8.1 from the core T&Cs is replaced by the following: 8.1 CONSUMERS – Legal Guarantees
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article“9 "Seller's Customer Services Department") to exercise the legal guarantee of conformity, and the legal guarantee against hidden defects mentioned in the Austrian Civil Code (ABGB) and the Austrian Act on Consumer Guarantees (VGG).
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of two years from the delivery of the products to obtain the activation of the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity and not the date of its appearance.
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service for a period exceeding two years, the legal guarantee is applicable to that digital content or digital service throughout the planned supply period. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Professionals, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item repaired or replaced within 30 days of their request, without charge and without major inconvenience to them.
If a Consumer requests the repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if1. The Professional refuses to repair or replace the item2. The repair or replacement of the item takes longer than a period of 30 days3. The repair or replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Consumers also benefit from the legal guarantee against hidden defects for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
• Article 8.3 from the core T&Cs is replaced by the following: 8.3 Commercial Guarantee
In addition to the legal guarantees owing by the Seller, certain products come with a commercial guarantee granted either by the product manufacturer or by the Seller. When the guarantee is granted by the Seller, the latter specifies this clearly in the product data sheet or product warranty document, including the length of the guarantee period. Where the commercial guarantee is offered by the manufacturer, the Seller will act solely as intermediary to pass on the request to invoke the guarantee and cannot be held responsible for application of the commercial guarantee.
The commercial guarantee takes effect from the date of issue of the item (the date of delivery of the item).
The scope and period of this guarantee differ across products and brands. The Seller therefore advises Customers to carefully read the instructions for use provided with the products, and the exact terms and conditions of any associated guarantees.
Unless otherwise specified on the item, the commercial guarantee applies only within the EU.
Compliance with the stipulations of the guarantee implies that the Customer will honor the financial commitment toward the Seller and will use the item in a normal and continuous fashion, particularly in conformance with the instructions for use and maintenance.
Any limitation on the manufacturer's warranty will equally apply to the application of the Seller's commercial guarantee, which cannot exceed that of the manufacturer.
Should the product break down or malfunction, the Seller's commercial guarantee covers the replacement of the product.
If the costs of repair are higher than the replacement value of the product or if the item cannot be repaired, the Seller may replace the faulty product with an equivalent item offering equal or better features than the original. The replacement item will be a new or refurbished product. Only the technical properties of the original product are used to determine the choice of replacement product, regardless of the value of the initial product.
If a product is repaired by an unauthorized third party, the commercial guarantee for this product will no longer apply.
Any commercial guarantees granted are intended to supplement (not substitute) the terms of the legal guarantee.
The following are not covered by the commercial guarantee:- Accessories and parts for which gradual and progressive wear requires renewal, replacement or regular maintenance, such as filters, power packs, batteries, display products, lamps, spark plugs, tires, cables, blades, knives, belts, chains, brake pads, etc.
- Breakdowns and damage caused by incorrect handling or resulting from misuse, poor or insufficient maintenance or failure to comply with the manufacturer's instructions.
- Damage resulting from negligence, faulty installation or installation that is not compliant with the manufacturer's instructions or carried out by the Customer or by a third party not approved by the Seller.
- Modifications made to the original characteristics of the product.
- Damage resulting from the effects of fire, accident, water damage, oxidation, lightning strike, explosion, accidental damage and, generally, poor care of the product.
- Damage from factors external to the product (foreign bodies, insects, rodents, etc.).
- Blows, impacts, scrapes.
- Incompatibilities between different products, i.e. using a product with a second product where there is no clear indication in the product manual that they can be used together.
• Article 11 from the core T&Cs is replaced by the following: 11. LIABILITY
The Website is accessible 24 hours a day, barring maintenance or technical issues experienced by the Seller. The Seller cannot in any event be held liable for temporary interruption or modification to the Website.
The Seller may be exempted from all or part of its liability by demonstrating that poor performance of or failure to perform the contract is not attributable to the Seller’s fault. This does not limit any liability of the Seller under Product Liability Law.
The Seller's liability cannot, for example, be incurred by the following (unless these are caused by the Seller’s fault or by the fault of a third party attributable to the Seller or lead to Seller’s liability under Product Liability Law):
- Malfunction of the Internet, electrical breakdown or incident on the server preventing due processing of the order.
- Viruses, computer bugs, anomalies, technical failures.
Customers will take all necessary measures to protect their own data and/or software stored on their IT equipment against any attacks.
The Website may include hyperlinks to other websites, which are subject to their own rules for using the Customer's personal data. Customers are advised to carefully read the rules for using these sites, particularly rules applicable to their personal data. The Seller offers no undertaking regarding these other websites to which Customers may gain access via the Website, particularly concerning their content, operation or access, and the use they make of Customers' personal data, unless Seller is aware of illegal activity or information on any such website and does not promptly remove the link.
• Article 12 from the core T&Cs is replaced by the following: 12. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
The General Terms and Conditions of Sale are subject to French law. Irrespective of this, you also enjoy the protection of all the mandatory protective provisions (this includes, in particular, your consumer protection rights) of the legal jurisdiction that would come into force if this choice of applicable law were not relevant (this is usually the jurisdiction of the country in which you live).
In the event of a dispute, the Customer can first of all contact the Seller's Customer Services Department in order to seek an amicable solution.
• Article 12.1 from the core T&Cs is replaced by the following: 12.1 Recourse to Customer Services
In the event of a disagreement or dispute, the Customer can contact the Seller's Customer Services Department in order to seek an amicable solution. Seller will respond to complaint emails within 90 days unless a response is not required or requested by you based on the content of your complaint email or the complaint is manifestly unfounded or excessive.
• Article 12.3 from the core T&Cs is replaced by the following: 12.3 Competent Jurisdiction
Failing amicable settlement between the parties, the dispute will be submitted to the French courts. This does not apply for Customers who are Consumers, for whom the competent courts designated by applicable law remain competent.
Appendix B – Belgium
• 3.4.1 Eco Tax (No provisions applicable)
• 8. GUARANTEES
8.1 CONSUMER – Legal Guarantees
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article 9 “Seller’s Customer Services Department”) to exercise the legal guarantee of conformity, and the legal guarantee against hidden defects.
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of two years from the delivery of the products to obtain the activation of the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity within two months from the day the Consumer discovered the defect. .
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service for a period exceeding two years, the legal guarantee is applicable to that digital content or digital service throughout the planned supply period. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Seller, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item repaired or replaced within a reasonable period , without charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, Consumers benefit from a six-month extension of the initial guarantee or an extension equivalent to the time needed for the repair, whichever is longer.
If a Consumer requests the repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if:
1. The Seller refuses to repair or replace the item;
2. The repair or replacement of the item takes longer than a period of 30 days;
3. The repair or replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item;
4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable for a civil fine of a maximum amount of €300,000, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
• Article 12 from the core T&Cs is replaced by the following: 12. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
The General Terms and Conditions of Sale are subject to French law, subject to any mandatory provisions of the applicable consumer laws of your habitual place of residence (based upon your delivery address) which may prevail.
• Article 12.3 from the core T&Cs is replaced by the following: 12.3 Competent Jurisdiction
Failing amicable settlement between the parties, the dispute will be submitted to the French courts, subject to your right as a Belgian Consumer to bring a claim in the courts where you are domiciled.
Appendix C – Netherlands
• 8. GUARANTEES
8.1 CONSUMER – Legal Guarantees
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article 9 “Seller’s Customer Services Department”) to exercise the legal guarantee of conformity, and the legal guarantee against hidden defects.
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of one year from the delivery of the products to obtain the activation of the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity and not the date of its appearance.
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service for a period exceeding two years, the legal guarantee is applicable to that digital content or digital service throughout the planned supply period. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Seller, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item repaired or replaced within 30 days of their request, without charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, Consumers benefit from a six-month extension of the initial guarantee..
If a Consumer requests the repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if:
1. The Seller refuses to repair or replace the item;
2. The repair or replacement of the item takes longer than a period of 30 days;
3. The repair or replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item;
4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Consumers also benefit from the legal guarantee against hidden defects for a period of one year from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
• Article 12.2 from the core T&Cs is replaced by the following: 12.2 Recourse to the Consumer Ombudsman (for Consumers)
If the complaint made to the Customer Services Department does not result in a resolution or if this department does not respond within two (2) months, the Customer (Consumer) may take the dispute with the Seller to the European Consumer Centre (ECC) which will endeavor, independently and impartially, to bring the parties together to reach an amicable solution.
The ECC can be contacted at the following address:
European Consumer Centre
P.O. Box 487, 3500 AL Utrecht, the Netherlands
By telephone: +31(0)30 232 64 40
By email: info@eccnederland.nl
Via the website: https://www.eccnederland.nl/en/contact-details
The parties to the contract are free to accept or refuse recourse to mediation and—where mediation is used—to accept or refuse the solution proposed by the ECC.
To resolve a dispute following a purchase made on the Website, the Customer (Consumer) can also approach the European Union mediation platform at: www.ec.europa.eu/odr
Appendix D – Poland
• Article 1 from the core T&Cs is replaced by the following: 1. SCOPE OF APPLICATION, ENFORCEABILITY AND DURATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly accepts them. This acceptance will be given with each order. As such, the Customer accepts all provisions of them. The Terms and Conditions for Sale take precedence over any other contractual terms and conditions applied by professional clients (entrepreneurs) in other contracts concluded with the Seller.
The General Terms and Conditions of Sale are those in force on the date of the placing order by the Customer.
Should the Seller at any given moment choose to waive a recovery from breach of any one of the clauses of the General Terms and Conditions of Sale, this will not be construed as a waiver of any subsequent right of recovery arising from a breach of the same clauses in future.
Unless there is evidence to the contrary, the data recorded in the information systems of the Seller or its technical service providers constitute evidence of the entire transaction that has taken place between the Seller and the Customer. In any case, the Customer will receive from the Seller, on a durable medium (e.g. email), confirmation of the conclusion of the contract (placing an order).
The Seller reserves the right to adapt or modify the General Terms and Conditions of Sale for a good cause, in particular for important economic reasons of the Seller, or technical failures, or as a result of an administrative decision or a final and binding court judgement affecting provisions hereof. We shall inform the Customer about each change by e-mail, with the right to delete the account within 14 days. Amendments hereto shall become effective upon expiry of the 14 day period, as referred to in the preceding sentence. Changes hereto resulting from changes in generally applicable law do not require termination notice in the manner described in the preceding sentences, and we shall post information about these changes on the website. These modifications will not affect orders already placed, which remain governed by the General Terms and Conditions of Sale in the version existing at the time of placing order by the Customer. The Customer is therefore advised to read the General Terms and Conditions of Sale carefully before placing each new order in order to stay up-to-date with any changes.]
• Article 2 from the core T&Cs is replaced by the following: 2. ORDERS
Article 2.1 from the core T&Cs is replaced by the following: 2.1 Customer Account
Before placing their first order, Customers have to register by creating an account and filling out their details.
Customers identify themselves as either:
- A “Professional” (defined as any individual / sole trader or legal entity acting for purposes relating to that individual's/entity's trade, business, craft, freelance profession or agricultural activity); or
- A “Consumer” (defined, in accordance with the regulations, as any individual acting for purposes not relating to that individual's trade, business, craft, freelance profession or agricultural activity).
Customers are responsible for the proper use of their accounts.
They must attest to being of legal age (i.e. 18 years or older) and being fully able to enter into contracts (of full legal capacity). They undertake to submit accurate and genuine information and to update this information without delay.
Whenever Customers visit the Website, access their personal data under "My account" or place an order, they will have already been identified when they logged in with their username and password. Customers can make changes to their personal data and notification preferences in "My account."
Any Customers wishing to deactivate their account should send an email or registered letter with acknowledgment of receipt to the Customer Services Department (see Article 9 "Seller's Customer Services Department"). The account will be deactivated no later than within seven days of receipt of this email.
• Article 3.3.1 from the core T&Cs is replaced by the following: 3.3.1 Products Prices
The prices shown are based on the delivery location or collection location selected by the Customer and cannot under any circumstances be applied to other pages of the Website. The prices and availability of products may therefore vary according to geographic area.
Product prices are shown on the Website in euro (or, for Polish customers, Polish zloty), inclusive of all taxes,.
The prices shown do not include shipping costs, which are borne by the Customer and are based on the delivery method chosen (see Article 3.3.2 "Shipping Costs" below).
Prices are subject to change by the Seller at any time. However, the price billed to the Customer is the price that appears on the Website when the order is placed by the Customer.
In the event of an input, printing or calculation error resulting in a price being shown that is significantly lower than the price normally charged, the Customer will be charged the lower price,.
• 3.4.1 Eco Tax (No provisions applicable)
• Article 3.4.2 from the core T&Cs is replaced by the following: 3.3.3 Procedure for Taking Back Certain Products
The Customer cannot dispose of waste from certain products, such as electrical and electronic equipment, with unsorted municipal waste, due to the presence of hazardous substances in these products and/or their potential effects on the environment and human health. The Customer will nevertheless be able to choose between the various existing collection systems, such as municipal collections, recycling centers and social economy practitioners.
In this context, if the Customer purchases an electrical or electronic domestic product, the Seller undertakes to take back the Customer's old equipment or arrange to have it taken back, free of charge and within the limit of the quantity and type of equipment sold. The old product is thus transferred to the Seller, which will then make it available to an eco-organization. This eco-organization will be tasked with selectively processing, recovering and destroying waste from collected products, in accordance with current regulations.
The Seller takes back used products if the Customer contacts Customer Services so that the Seller can arrange for the used item to be taken away free of charge. The Customer must then be present on the day of collection. If the Customer is unavailable, the Seller must be informed by the Customer by telephone as soon as possible and no later than 24 hours before the date arranged. The item will be collected on the sidewalk in front of the Customer's home or at the foot of the building (not upstairs).
The Seller may refuse to take back any used item that, due to contamination or improper handling, presents a risk to the health and safety of the staff responsible for taking it back that cannot be avoided using conventional personal protective equipment or common packaging materials made available by the manufacturers or eco-organizations. In this case, the Customer will have to choose between the various existing collection systems, such as municipal collections, recycling centers and social economy practitioners.
• Article 3.4.3 from the core T&Cs is replaced by the following: 3.3.4 Approvals and Unique Identifiers
• Article 4 from the core T&Cs is replaced by the following: 4. PAYMENT TERMS
Customers explicitly acknowledge their payment obligation when confirming the order. In other words, by clicking on the "I order with obligation to pay " button" button, the Customer acknowledges that placing an order entails payment of the order.
Payment must be made for the products and for the shipping and handling costs when the order is placed on the Website. The payment is debited when the order is taken.
The Customer may make payment:
- By bank card (American Express, Cartes Bancaires, Mastercard, Visa)
- By PayPal: When opting to pay via PayPal, the customer will be automatically directed to their PayPal account. Once the PayPal payment has been confirmed, the Customer will be able to complete the order
- By Google Pay (available only by mobile phone)
- By Apple Pay (available only by mobile phone)
- By Shop Pay
After selecting a payment method, the customer may be redirected to the payment service provider's website. The Seller recommends that customers familiarize themselves with the rules for the provision of services by third-party providers. The Seller uses the most reliable secure payment systems: Secure Socket Layer (“SSL”), 3D Secure and SET (for Customers with a bank card reader connected to their computer) protocols or through the WORLDPAY service for payment by bank card.
During the payment transaction, the Customer is automatically connected to the payment processing server centre.
Bank details, which are protected through encryption, do not pass through the Seller’s systems (and are therefore not stored by the Seller).
In the event that the Seller is unable to ship part of the order, the Customer's payment will be reduced, before it is processed for collection, or refunded, by the price of the unavailable product .
For professional Customers only: in addition to the automatic application of fixed compensation of €40 as a recovery fee, overdue sums will automatically result in the application of late payment penalties equal to interest for delayed payment referred to in the Law on Prevention of Excessive Delay in Commercial Transactions , due the day after the settlement date. The costs of any disputed recovery procedure will be borne by the Customer.
• Article 6 from the core T&Cs is replaced by the following: 6. RETENTION OF TITLE AND TRANSFER OF RISK
For professional customers only: it is agreed that the products delivered or handed over and billed to the Customer will remain the property of the Seller until paid for in full. Failure to pay may result in the Seller claiming the products back.
The above provisions do not impede—either from the time the Customer or a third party designated by it physically takes possession of the products, or from handover of the products to the carrier when the Customer has assigned delivery of the products to a carrier other than that proposed by the Seller—the transfer to the Customer of the risks of loss or damage to the products or of damage that they may cause.
• Article 7.1 from the core T&Cs is replaced by the following: 7.1 Principle
Consumers or sole traders have fourteen (14) days to exercise their right of withdrawal from contracts entered into online, without having to provide a reason for their decision.In this case, Customers (Consumers or sole traders) must notify the Seller of their decision to withdraw, sending it, before expiry of the above-mentioned period, the standard withdrawal form (see Appendix below), or a clear and unambiguous statement expressing their wish to withdraw. The return costs are borne by the Customer.
Receipt of the statement of withdrawal will be confirmed by the Seller by sending an e-mail.
The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the Customer, or a third party designated thereby, physically takes possession of the products.
• Article 7.3 from the core T&Cs is replaced by the following: 7.3 Conditions for Returning Goods
Customers must return the item(s) subject to the withdrawal to the Seller promptly and, in any event, within fourteen (14) days of the date on which they notify the Seller of their decision to withdraw.
We ask for return of products in their original packaging and in good condition, along with any accessories supplied and documentation.
To make a return, the Customer may send it—depending on the item—by mail or via a specialist courier. In this case, the Seller advises the Customer to contact the Seller’s Customer Service Department via the “Contact us” tab to obtain a returns form which will help the Seller to track the request.
In the absence of a returns form issued by the Seller, the return of the products will be at the expense of the Customer (arrangement, costs and transport risk).
• Article 7.4 from the core T&Cs is replaced by the following: 7.4 Refunds on Goods
If the right of withdrawal is exercised by the Customer (Consumer or Sole trader), the Seller is obligated to refund the total amount paid by the Customer, including delivery costs, without any unjustified delay and within fourteen (14) days from the date on which it was notified of the Customer’s decision to withdraw. However, the Seller may defer the refund until the products have been received or until the Customer has provided proof of dispatch, whichever comes first.
The Seller will issue the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method proposed by the Seller.
An item bought on promotion will be refunded at the price actually paid by the Customer.
The Customer acknowledges and agrees to bear all return costs if exercising the right of withdrawal’.
• Article 8 from the core T&Cs is replaced by the following: 8. Warranties
8.1 Statutory Warranty for Consumers and Sole traders
No provision of this paragraph shall affect the statutory right under statutory warranty or the right to withdraw. The Seller undertakes to provide the Customer with a product that conforms to the contract of sale. The product (the good) is in conformity with the contract if, in particular, the following remain in conformity with the contract:1) description, type, quantity, quality, completeness, functionality, and, in the case of products with digital elements, also compatibility, interoperability, and availability of technical support and updates
2) suitability for the specific purpose for which it is needed by you, of which you notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
In addition, a product is in conformity with the contract when:
3) it is suitable for the purpose for which products of this type are normally suitable, taking into account applicable laws, technical standards or good practices,
4) it is present in such quantity and has such characteristics (including durability and safety) as are typical for a product of this kind and which you may reasonably expect, taking into account the nature of the product and our public assurances, in particular those made in advertising or on the label,
5) be delivered with packaging, accessories and instructions that the Consumer can reasonably expect to receive
The Seller shall not be liable for the product’s non-conformity with the contract in terms of products 3) and 4) above, if, at the latest at the time of the conclusion of the sales contract, the Customer was expressly informed that a specific characteristic of the product deviates from the above requirements of conformity with the contract and the Customer expressly and separately accepted the lack of a specific valuable product.
The Seller shall be liable for the lack of conformity of the products with the contract resulting from improper installation of the products, if:
1) it was carried out by the trader or under his responsibility;
2) the improper installation carried out by the Consumer was due to errors in the instructions.
The Seller shall inform the customer of updates, including security features, necessary to keep the products with digital elements in compliance with the contract, and shall provide them to the customer for the period of time:
1) the delivery of the digital content or digital service as specified in the contract under which the delivery is made continuously, or
2) reasonably expected by the customer, taking into account the type of digital content or digital service and the purpose for which it is used, as well as the circumstances and nature of the contract, if the contract provides for delivery of the digital content or digital service on a one-time basis or in parts.
If the product is not in conformity with the contract, the Customer can demand repair or replacement.
The Seller may make a replacement when you request a repair, or may make a repair when you request a replacement, if bringing the product into conformity with the contract in the way the Customer chooses is impossible or would require excessive costs.
The Seller will repair or replace the product as soon as possible and will inform the Customer of the expected time for repair or replacement together with its response to the complaint . The cost of repair or replacement shall be borne by the Seller, including taking back the product at its expense. If repair and replacement are impossible for the Seller or require excessive costs, the Seller may refuse to bring the product into conformity with the contract.
Under your warranty rights, you can make a statement to reduce the price or return the products (withdraw from the contract) when the Seller:
(1) refused to repair or replace the product,
(2) failed to bring the product into conformity with the contract, i.e. failed to repair or replace the product,
(3) despite repair or replacement, the product’s non-conformity with the contract still exists,
(4) the lack of conformity of the product with the contract is so significant that it justifies the use of a price reduction or refund (withdrawal from the contract) immediately, without first requesting repair or replacement of the product,
(5) it is clear from the Seller’s statement or circumstances that the product will not be brought into conformity with the contract within a reasonable time or without undue inconvenience to you.
You may file complaints within 2 years from the date of delivery of the product, unless the shelf life of the product is longer.
If the right to reduce the price is exercised, the Seller has to refund the amount due immediately, no later than within 14 days from the date of receipt of the price reduction statement.
In case of return of the product (withdrawal from the contract) the Customer is obliged to immediately return the product via the carrier that delivered it. The cost of return shall be borne by the Seller.
The Seller will return the price (together with the delivery costs and costs of shipping) to the Customer immediately, no later than within 14 days. The Seller will refund the price using the same method of payment that the Customer used when purchasing the product, unless the Customer expressly agrees to a different method of return that does not incur any costs.
If the price for a non-conforming product has not yet been paid by you, the Customer may withhold payment of the price until the Seller has brought the product into conformity with the contract.
The Seller does not grant guarantee. The above rights result from the Consumer Rights Act (Article 43c et seq.)
2. Statutory Warranty for Professionals
In the event of a defect in the products, professionals (other than sole traders) have the rights provided under Article 556 et seq. of the Civil Code. Under the Terms and Conditions of Sale the Seller's liability for legal defects of the sold products is excluded.
The Seller is liable under statutory warranty for physical defects that existed at the time the danger passed to the customer or arose from a cause inherent in the thing sold at the same time.
The Seller is exempted from liability under the statutory warranty if the Customer knew of the defect at the time of the conclusion of the contract.
The Seller is liable under the statutory warranty if the physical defect is discovered before expiration of one year from the date of delivery of the good to the Customer.
In B2B sales, the Customer loses his statutory warranty rights if he failed to examine the good in the time and manner usual for products of this kind and did not immediately notify the Seller of the defect, and if the defect came to light only later - if he did not notify the Seller.
• Article 8.2 from the core T&Cs is replaced by the following: 8.3 Commercial Guarantee
In addition to the legal guarantees owing by the Seller, certain products come with a commercial guarantee granted either by the product manufacturer or by the Seller. When the guarantee is granted by the Seller, the latter specifies this clearly in the product data sheet or product warranty document, including the length of the guarantee period. Where the commercial guarantee is offered by the manufacturer, the Seller will act solely as intermediary to pass on the request to invoke the guarantee and cannot be held responsible for application of the commercial guarantee.
The commercial guarantee takes effect from the date of issue of the item (the date of delivery of the item).
The scope and period of this guarantee differ across products and brands. The Seller therefore advises Customers to carefully read the instructions for use provided with the products, and the exact terms and conditions of any associated guarantees.
Unless otherwise specified on the item, the commercial guarantee applies only in territory of Poland.
Compliance with the stipulations of the guarantee implies that the Customer will honor the financial commitment toward the Seller and will use the item in a normal and continuous fashion, particularly in conformance with the instructions for use and maintenance.
Any limitation on the manufacturer's warranty will equally apply to the application of the Seller's commercial guarantee, which cannot exceed that of the manufacturer.
Should the product break down or malfunction, the Seller's commercial guarantee covers the replacement of faulty parts, and labour.
If the costs of repair are higher than the replacement value of the product or if the item cannot be repaired, the Seller may replace the faulty product with an equivalent item offering equal or better features than the original. The replacement item will be a new or refurbished product. Only the technical properties of the original product are used to determine the choice of replacement product, regardless of the value of the initial product.
For highly technical repairs, no third party not approved by the Seller or the manufacturer may repair the product (except in cases of force majeure or prolonged shortage on the part of the Seller).
Any commercial guarantees granted are not intended to substitute but to supplement the terms of restoring conformity provided for in the aforementioned legal guarantees.
The following are not covered by the commercial guarantee:
- Accessories and parts for which gradual and progressive wear requires renewal, replacement or regular maintenance, such as filters, power packs, batteries, display products, lamps, spark plugs, tires, cables, blades, knives, belts, chains, brake pads, etc.
- Breakdowns and damage caused by incorrect handling or resulting from misuse, poor or insufficient maintenance or failure to comply with the manufacturer's instructions.
- Damage resulting from negligence, faulty installation or installation that is not compliant with the manufacturer's instructions or carried out by the Customer or by a third party not approved by the Seller.
- Modifications made to the original characteristics of the product.
- Damage resulting from the effects of fire, accident, water damage, oxidation, lightning strike, explosion, accidental damage and, generally, poor care of the product.
- Damage from factors external to the product (foreign bodies, insects, rodents, etc.).
- Blows, impacts, scrapes.
- Incompatibilities between different products, i.e. using a product with a second product where there is no clear indication in the product manual that they can be used together.
• Article 11 from the core T&Cs is replaced by the following: 11. LIABILITY
The Website is accessible 24 hours a day, barring maintenance or technical issues experienced by the Seller. The Seller is not responsible for temporary interruptions in the operation of the website due to the conduct of necessary maintenance work.
To the maximum extent permitted by applicable law, the Seller shall not be held liable for any direct or indirect damage, apart from personal injury, whatever the cause, origin, nature or consequence, arising from the consultation or use of the Website. In particular, Screwfix refuses all responsibility should the Website be unavailable or inaccessible, or for any bugs or any damage resulting from fraudulent acts by third parties (such as intrusion) arising from the Website. Nevertheless, Screwfix will make every reasonable effort to provide the appropriate level of security of the Website.
Customers will take all necessary measures to protect their own data and/or software stored on their IT equipment against any attacks.
The Website may include hyperlinks to other websites, which are subject to their own rules for using the Customer's personal data. Customers are advised to carefully read the rules for using these sites, particularly rules applicable to their personal data. The Seller offers no undertaking regarding these other websites to which Customers may gain access via the Website, particularly concerning their content, operation or access, and the use they make of Customers' personal data.
• Article 12 from the core T&Cs is replaced by the following: 12. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
To the extent permitted by applicable law, the General Terms and Conditions of Sale are subject to French law. This does not affect the rights of Consumers or sole traders under the mandatory provisions of Polish law.
In the event of a dispute, the Customer can first of all contact the Seller's Customer Services Department in order to seek an amicable solution.
• Article 12.1 from the core T&Cs is replaced by the following: 12.1 Recourse to Customer Services
In the event of a disagreement or dispute, the Customer can contact the Seller's Customer Services Department in order to seek an amicable solution. Complaints can be submitted in writing (address: ...) or electronically (e-mail address: ...).If the Customer wishes to file a complaint, he or she should contact the Seller before sending back the product. The Seller shall immediately acknowledge receipt of the complaint by directing a message to the Customers’ e-mail address or in writing.
The Seller is obliged to respond to the complaint within 14 days from the date of its receipt from the Customer. If there is no response within 14-days, it is considered that the complaint submitted by the Customer has been accepted.
In order to file a complaint Customer should provide the order number, contact information, describe the non-conformity of the products with the contract and indicate how the complaint should be handled according to the customer's expectations. We recommend attaching photos showing the product defect(s) / non-conformity.
The Seller informs that the European Commission provides a platform for Consumers to resolve disputes online at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
The Seller does not use other out-of-court methods of resolving disputes with Consumers.
• Article 12.2 from the core T&Cs is replaced by the following: 12.2 Recourse to the Consumer Ombudsman (for Consumers)
If the dispute with the Seller is not resolved, the Consumer may seek the assistance of a county or municipal consumer ombudsman. More information, including contact information for the locally competent consumer ombudsman, can be found on the website of the Office of Competition and Consumer Protection: UOKiK - Konsumenci - Instytucje Konsumenckie - Rzecznicy konsumentów.
• Article 12.3 from the core T&Cs is replaced by the following: 12.3 Competent Jurisdiction
Failing amicable settlement between the parties, the dispute arising between the Seller and Consumer will be submitted to the Polish competent courts.
Disputes arising between the Seller and entrepreneurs (professionals) will be resolved by the competent French courts.
Appendix E – Spain
• Article 2.1 from the core T&Cs is replaced by the following: Article 2.1 Customer Account
Before placing their first order, Customers have to register by creating an account and filling out their details.
Customers identify themselves as either:
- A “P” (defined as any individual or legal entity acting for purposes relating to that individual's/entity's trade, business, craft, freelance profession or agricultural activity); or
- A “Consumer” (defined, in accordance with the regulations, as any individual acting for purposes not relating to that individual's trade, business, craft, freelance profession or agricultural activity).
When reference is made to ‘Consumer(s)’ or to ‘Professional(s)’ only (and not to Customers in general) in these General Terms and Conditions of Sale, the right (or obligations) will only be enforceable by you acting either as a Consumer or as a Professional for the purchase of the products.
Customers are responsible for the proper use of their accounts.
You must attest to being of legal age and being able to enter into contracts. They undertake to submit accurate and genuine information and to update this information without delay.
Whenever Customers visit the Website, access their personal data under "My account" or place an order, they will have already been identified when they logged in with their username and password. Customers can make changes to their personal data and notification preferences in "My account."
Pursuant to current regulations, Customers can sign up free of charge to the “Robinson list”, the cold calls blocking system (https://www.listarobinson.es/register-consumer) to prevent cold calling that is not previously consented.
.
. Regardless of this, we will only call Customers unrelated to an existing contractual relationship if the Customer has consented to this or this is allowed by the laws applicable to the Customer.
Any Customers wishing to deactivate their account should send an email or registered letter with acknowledgment of receipt to the Customer Services Department (see Article 9 "Seller's Customer Services Department"). The account will be deactivated within seven days of receipt of this email.
• Article 8 from the core T&Cs is replaced by the following: 8. GUARANTEES
Article 8.1 from the core T&Cs is replaced by the following: 8.1 Legal Guarantees
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article 9 "Seller's Customer Services Department") to exercise the legal guarantee of conformity, and the legal guarantee against hidden defects mentioned in the Consumer Regulations.
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of three years from the delivery of the products to obtain the activation of the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity and not the date of its appearance.
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service the legal guarantee is two years. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Professionals, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item replaced within a reasonable time after their request, without charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, Consumers benefit from a six-month extension of the initial guarantee.
If a Consumer requests the repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if:
1. The Professional refuses to repair or replace the item;
2. The replacement of the item takes longer than a reasonable period;
3. The replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item;
4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Consumers also benefit from the legal guarantee against hidden defects for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
• Article 12 from the core T&Cs is replaced by the following: 12. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
The General Terms and Conditions of Sale are subject to Spanish law.
In the event of a dispute, the Customer can first of all contact the Seller's Customer Services Department in order to seek an amicable solution.
• Article 12.1 from the core T&Cs is replaced by the following: 12.1 Recourse to Customer Services
If the complaint made to the Customer Services Department does not result in a resolution or if this department does not respond within two (2) months, the Customer (Consumer) can also approach the European Union mediation platform at: www.ec.europa.eu/odr
Appendix F – Sweden
• Article 8 from the core T&Cs is replaced by the following: 8. GUARANTEES
Article 8.1 from the core T&Cs is replaced by the following: 8.1 Legal Guarantees
For tangible products and/or products including digital components, the Customer can, in any case, apply to the Seller (at the address shown in Article 9 "Seller's Customer Services Department") to exercise the legal guarantee of conformity, mentioned in the Swedish Consumer Sales Act (2022:260).
The legal guarantee of conformity does not apply to Professionals. The latter, however, are entitled to the guarantee against hidden defects.
The legal guarantee of conformity is applicable independently of any commercial guarantee granted.
To invoke the legal guarantee of conformity, the Seller informs the Customer how to return the item if it cannot be made compliant at the location where it is currently held.
If the item can be returned by mail without any major inconvenience to the Customer or disproportionate costs in relation to its value, the Customer will mail the item back to the Seller. Items returned by mail must be suitably packaged for such transport. In this case, the return costs will be refunded to the Customer based on the rate paid and on presentation of supporting documents.
If the item has to be returned by courier (not by the standard postal service), the Seller will be directly responsible for the conditions and cost of such transport.
Consumers have a period of three years from the delivery of the products to rely on the legal guarantee of conformity in the event that a lack of conformity becomes evident. During this period, Consumers are only required to establish the existence of a lack of conformity and not the date of its appearance.
Where the contract for the sale of the item provides for the continuous supply of digital content or of a digital service for a period exceeding three years, the legal guarantee is applicable to that digital content or digital service throughout the planned supply period. During this period, Consumers are only required to establish the existence of a lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for Professionals, where applicable, to provide all the updates necessary to maintain the conformity of the item.
The legal guarantee of conformity gives Consumers the right to have the item repaired or replaced within reasonable time after their request, without charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, Consumers benefit from a six-month extension of the initial guarantee.
If a Consumer requests the repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of three years from the date of replacement of the item.
Consumers may obtain a reduction in the purchase price by retaining the item, or may terminate the contract, obtaining a full refund in exchange for the return of the item, if:
1. It is not possible for the Professional to repair or replace the item;
2. The repair or replacement of the item cannot be completed within a reasonable time;
3. The repair or replacement of the item causes a major inconvenience for the Consumer, in particular when the Consumer bears the full costs of the return or collection of the non-conforming item, or bears the costs of installing the repaired or replacement item;
4. The non-conformity of the item persists despite an attempt by the Seller to restore conformity, which ultimately proved unsuccessful.
Consumers are also entitled to a reduction in the price of the item or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, Consumers are not obliged to request the repair or replacement of the item in advance.
Consumers are not entitled to terminate the sale contract if the lack of conformity is minor.
Any period during which the item cannot be used due to repair or replacement will suspend the remaining guarantee period until the repaired item is provided.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable for a civil fine of a maximum amount of €300,000, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the [French] Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund in exchange for the return of the item.
• Article 12 from the core T&Cs is replaced by the following: 12. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
The General Terms and Conditions of Sale are subject to French law.
In the event of a dispute, the Customer can first of all contact the Seller's Customer Services Department in order to seek an amicable solution.