These General Conditions regulate the acquisition of the products offered on the website www.imaginatuluz.com, owned by Imaginatuluz, SL (hereinafter Imaginatuluz ).
The acquisition of any of the products entails the full and unreserved acceptance of each and every one of the Conditions
General that are indicated, without prejudice to the acceptance of the Particular Conditions that may be applicable when acquiring
certain products.
These General Conditions may be modified without prior notification, therefore, it is advisable to read their content carefully before proceeding with the acquisition of any of the products offered.
1. IDENTIFICATION DATA
Imaginatuluz , in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, informs you that:
• Company name: Imaginatuluz S.L.
• Commercial name: Imaginatuluz
• CIF: B06997464
• Registered office: Pol. Aguila Coors nave A, 50180 Utebo (Zaragoza) SPAIN
2. CONTACT DETAILS
To communicate with us, we put at your disposal different means of contact that we detail below:
• Customer Service Telephone: +34 638 499 359
• Through our Customer Service contact form or email atencionalcliente@imaginatuluz.com.
All notifications and communications between users and Imaginatuluz will be considered effective, for all purposes, when they are made through any of the means detailed above.
3. PRODUCTS
The products offered, together with their main characteristics and their price, are described on the website.
Imaginatuluz reserves the right to decide, at any time, the products and / or services offered to Clients. In this way, Imaginatuluz may, at any time, add new products and / or services to those currently offered. Likewise Imaginatuluz reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the products offered.
All this without prejudice to the fact that the acquisition of any of the products can only be done through the subscription or registration of the USER, granting by Imaginatuluz to the interested party a User name and a password, the Which will identify and enable you personally to access the products.
Once inside www.imaginatuluz.com , and to access the contracting of the different products, the User must follow all the instructions indicated in the purchase process, which will mean reading and acceptance of all the general and particular conditions set out in www.imaginatuluz.com.
OBSERVATIONS
The offers presented by Imaginatuluz are valid within the limit of available stocks. Imaginatuluz reserves the right to modify the assortment of its products based on their availability.
4. AVAILABILITY AND SUBSTITUTIONS
PRODUCTS
Imaginatuluz intends to guarantee the availability of all the products that are advertised through www.imaginatuluz.com. However, in the event that any requested product is not available or if it has been sold out, the customer will be informed within 24 hours of placing the order. In case of not having the product in stock at the time of ordering, the user will have the possibility to RESERVE said product, so that it is provided as soon as possible.
If the product is not available, and the consumer having been informed of it, imaginatuluz may supply a product with similar characteristics without an increase in price, in which case, the consumer may accept or reject it, exercising their right of withdrawal and resolution of the contract.
In case of unavailability of all or part of the order, and the rejection of the replacement products by the customer, the refund previously paid will be made within 15 calendar days.
5. PURCHASE AND / OR CONTRACTING PROCESS
To make any purchase at www.imaginatuluz.com, the customer must be of legal age. In addition, it will be necessary for the client to register at www.imaginatuluz.com through a data collection form in which the information necessary for contracting is provided to Imaginatuluz; data that in any case will be truthful, exact and complete about their identity and that the client must expressly consent by accepting the privacy policy of Imaginatuluz.
It is also recommended that the customer print and / or save a copy on a durable medium of the conditions of sale when placing their order, as well as the receipt sent by Imaginatuluz by email.
BILLING
Along with your order, you will receive the corresponding invoice. For this purpose, the client consents that said invoice be sent to him in electronic format.
6. DELIVERY
PRODUCTS
The order will be delivered to the address designated by the client at the time of contracting according to the chosen modality.
The scope of delivery includes the following areas: Spain and Portugal (Peninsula) and the Balearic Islands.
Consult personalized budget to the Canary Islands, Ceuta, Melilla and other destinations in Europe
DELIVERY FORMS AND TIMES
Orders will be delivered to the customer through the courier or parcel companies. The order will be considered delivered when the carrier has delivered the package to the customer, and the customer signs the delivery receipt document. It is up to the customer to immediately verify the status of the merchandise upon receipt and indicate all anomalies on the delivery receipt. There is a maximum period of 24 hours after receipt of the item to claim breakages and damage caused by transport.
For more information about order delivery, see the shipping methods section.
7. PRICES, EXPENSES AND TAXES
The prices of the products that are collected in www.imaginatuluz.com will be expressed in Euros unless otherwise stated and will be guaranteed during the validity of the same and whatever the destination of the order.
PRODUCTS
The final prices of all the products, (and where appropriate, the final prices per unit of measure, when required) together with their characteristics, offers, discounts, etc., are reflected in each of the articles that appear in the catalog of www.imaginatuluz.com.
• The products have VAT included.
• The VAT rate is 21%, except for those companies that are registered in the Registry of Intercommunity Operations.
• Shipping costs: Shipping costs will be borne by the customer.
However, shipping costs may vary thanks to our promotions and special offers. Check the different current offers in our shipping conditions section.
• Return costs: Returns are associated with return and management costs. Consult the general return conditions of our after-sales service to know the rates applied to returns.
• Other additional expenses: In cases where the payment of the products is made against reimbursement, the client will assume the corresponding commission expenses. In cases where the payment of the products is made through Paypal, the client will assume the commission that this platform determines as management expenses.
Product prices may change at any time. In this case, the price to be applied will be the one in force on the date the order is placed. In any case, the final cost will be communicated to the customer in the electronic purchase process before she formalizes her acceptance.
8. FORMS OF PAYMENT
We put at your disposal these forms of payment:
BY CREDIT OR DEBIT CARD
You can make the payment immediately through the SSL secure payment gateway of our Bank. If it is necessary to make any return or cancellation of the order, the amount will be refunded through the same payment card. Both personal and banking data will be protected with all the security measures established by the Organic Law on Data Protection
Personal and Digital Rights Guarantee 3/2018 of December 5, as well as the RGPD 2016/679 of April 27, regarding the protection of natural persons with regard to the processing of personal data and free movement of these data. Imaginatuluz accepts payments with VISA, Verified by VISA, MasterCard and MasterCard
SecureCode . The bank that issues the card must be in Spanish territory. When placing the order, the customer will provide their card details, which will be stored directly in the 4B Gateway during the purchase process. Imaginatuluz does not store information regarding credit cards.
BY BANK TRANSFER
By cash or bank transfer in favor of Imaginatuluz S.L., in the account number indicated in the order confirmation email. The client's name and order number must be indicated at the time of transfer. Orders that are not paid within 7 days of order confirmation will be automatically canceled.
PAYPAL
Payment of the order will be authorized through PayPal, but no money will be withdrawn until PayPal verifies that it is correct.
For this, it will be essential to have a PayPal account.
9. RETURN AND WITHDRAWAL POLICY
According to the regulations, the consumer and user will have the right to DESIST the contract for a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1 / 2007, of November 16, which approves the referred text of the General Law for the Defense of Consumers and Users.
PRODUCTS
The client will have a maximum period of 15 calendar days from the day of receipt of the requested good or product to inform about her desire to withdraw from the contract. The withdrawal implies that Imaginatuluz will proceed to refund the amount already paid by the client within a maximum period of 14 calendar days, "following the procedure indicated by the client in the return form" (see conditions Post-sale service).
During this period, the consumer will inform the entrepreneur of his decision to withdraw from the contract by filling in the form at the end of this document and sending it to the email address of imaginatuluz . Imaginatuluz will communicate to the consumer in a durable medium an acknowledgment of receipt of said withdrawal. To proceed with the return of a product it is essential that it is in perfect condition and with its corresponding original packaging, with all its accessories. Once we receive your request, we will contact the customer to indicate the details of the return. The customer will bear the costs of returning the goods.
OBSERVATIONS
No product handled by the customer in misuse, breakage, etc will be exchanged or paid; otherwise, all warranty will be lost.
In the event of a defective product, the shipping costs will affect Imaginatuluz . In other cases, these will be assumed by the client; These returns are associated with return and management costs. Check the general return conditions of our after-sales service to find out the rates applied to returns. If the cancellation of the order is communicated before it is sent, the customer will be exempt from any cost. In the event of a product replacement, it may not necessarily be the same as the previous one, although in any case an improved version or model, since Led products are subject to continuous improvement in their performance. If the product is in good condition, but the packaging (box, plastic or wrapping) in which the product is found is not in good condition, the return will not be accepted; the same will happen otherwise. Both the collection of the product and its corresponding return will be managed by Imaginatuluz through our courier service.
Consult the After-Sales Conditions.
10. WARRANTY
Products purchased through www.imaginatuluz.com enjoy a 2-year warranty period (extendable in some products) from the moment of delivery, which covers possible manufacturing defects of the product, as well as any breakdown produced during that period.
The user must inform Imaginatuluz of the lack of conformity within two months of being aware of it.
The buyer has a 2-year guarantee (extendable on some products), which will come into effect taking into account the purchase date that is detailed on the sales invoice. Upon request, an extension of the warranty could be assessed or a customized project warranty could be offered, after evaluating the application conditions.
Imaginatuluz is not responsible for damages caused by unprofessional installation, products modified or manipulated by the customer or by any other person not authorized by the manufacturer; as well as improper use, manipulation and / or short circuits, apparent signs of improper treatment. The product to be repaired or replaced must always correspond to the one sent by Imaginatuluz attaching the delivery note and / or invoice. In the event of a product repair, the customer may manage said repair directly, processing it and making the shipment. To do this, you must contact Imaginatuluz and request the necessary instructions, as well as authorization for the return. It is important that returns to technical support are made perfectly packed and protected, without stickers or labels on the original packaging and protections. If the product arrives at Imaginatuluz facilities with damages attributable to poor packaging or protection, the repair may not be covered by the warranty. If the original packaging is not available, the customer must use a sturdy box with a sufficient size to allow the equipment to be inserted freely; It is recommended that the customer introduce sufficient protective material under, over and around the product (bubble wrap or paper or foam bags, etc.), in order to prevent any movement of the product within the packaging.
The customer must indicate on the shipping label the return number provided by Imaginatuluz .
Consumable products, deficiencies caused by improper use or manipulation, connection to the electrical network different from that indicated, incorrect installation or defects derived from any external cause are excluded from the guarantees.
In products of a durable nature, the consumer will have the right to adequate technical service and to the existence of spare parts for a minimum of 5 years from the date the product ceases to be manufactured.
To know the steps that should be followed in the event of problems or breakdowns in a product, you can contact:
• With the Imaginatuluz customer service at the phone number +34 638 499 359 .
To avoid problems with installation or handling of the purchased product, make sure you have followed the installation and operating instructions contained in the user manuals.
If the purchased product still does not work properly, you should immediately contact the manufacturer's customer service and technical assistance services, or, where appropriate, the representative or distributor.
Usually the technical services will require that you provide them with the following information:
• Invoice number.
• Identification of the specific model.
• Serial number.
OBSERVATIONS
The guarantee does not cover damage caused by external factors such as power surges or drops, atmospheric phenomena, fire, water, abnormal use of the product, accidental falls or improper use by individuals or companies not authorized by Imaginatuluz. In the same way, it does not cover wear for hours or the improper use of hours or negligence before or during use, as well as failures caused by improper installation or handling and storage. Claims for natural loss of brightness or degradation of the same are exempt from warranty coverage. Imaginatuluz reserves the right to study each product returned by independent specialists, the warranty being exempt if proven, by the competent authorities the breakage has been caused by the customer, as well as the partial breakage of the product to force the use of the warranty for the return or refund of the product; In these cases, the expenses of the expert opinion will be assumed by the client. Imaginatuluz is not obliged to compensate the client or third parties for the consequences of the use of the product, whether direct or indirect damage, accidents suffered by people, damage to non-product property, loss of profit or loss of profit.
SPECIAL CONDITIONS:
The warranty period is based on a maximum operation of 4,000 hours / year at an ambient temperature of 25ºC and with 10mm of space around the body of the Led products.
This guarantee only covers products applied in the uses for which they were conceived or "normal use" defined as follows:
• The operating conditions are in accordance with the information reflected on the products and their packaging.
• The ambient temperature must never exceed the operating temperature range indicated in the technical sheet.
• The relative humidity in the installation should never exceed 80% RH or the IP category of the product, if applicable.
• The products must operate in a luminaire with correct thermal dissipation avoiding nearby heat sources such as ovens and vapors that modify the ambient temperature.
• The electrical installation in which the product works should be protected by overvoltage protection devices and should not be subjected to voltage fluctuations that exceed 240V.
Products whose working voltage is 220-240V and do not accept a multi-voltage higher than 240V, should never exceed a maximum voltage of 240V (The nominal voltage in Europe is 230V).
Otherwise, the luminaire may suffer damage that is not covered by the warranty.
Consult the After-Sales Conditions.
11. LIABILITY AND DISCLAIMER OF LIABILITY
The consumer and user have the right to repair the product, to replace it, to reduce the price or to terminate the contract, as established in Chapter II Tít. IV Book II of the General Law for the Defense of Consumers and Users.
If the product does not comply with the contract, the consumer may choose between the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. Both repair and replacement of the
product will be free for the consumer, which will be carried out in a reasonable period of time depending on the nature of the products and the purpose for which they were intended. If the repair is completed and the product is delivered, it still does not comply with the contract, the consumer may demand its replacement, the price reduction or the termination of the contract.
Imaginatuluz may suspend, withdraw or partially or totally cancel the products not subject to contracting at any time and without the need for prior notice. The previous forecast will not affect those products that are reserved for registered users or that are subject to prior contracting and that will be governed by their specific conditions.
12. CUSTOMER SERVICE AND CLAIMS
To file any complaint or claim with Imaginatuluz, the client must go to the customer service department either at the phone number +34 638 499 359, or by sending a message in the Customer Service - Contact Us on the website.
According to the Resolution of online disputes in consumer matters of the EU and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with a platform for resolving disputes in line that is available at the following link: https://ec.europa.eu/consumers/odr/.
13. APPLICABLE LEGISLATION
The parties submit, at their discretion, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of Zaragoza. The language used will be Spanish.