1 Purpose and Scope of these Terms
(1) These Terms and Conditions govern the rights and obligations in relation to the use of the services of the provider MICROPYME S.L., CIF: B83162461, Inscribed in the Mercantile Registry of Madrid, Volume 17.354, folio 55, Sheet M-298083, 1st Inscription, with domicile in Paseo de la Castellana, number 100, CP 28046, Madrid (Madrid), Spain (hereinafter, the service provider or Micropyme), and the user in relation to the use of the service, which can generally be accessed through the internet in the websites of https://www.micropyme.com, https://shop.micropyme.com or in other URLs of the service provider.
(2) A user is considered to be any professional, legal or self-employed person who is at least 18 years old, is an entrepreneur or self-employed professional or a business owner and uses the services exclusively for commercial use. Minors are prohibited from registering. In the case of a legal entity, registration must be carried out by a natural person who has unlimited legal capacity and is authorized as a representative.
(3) The service of the provider consists essentially in the granting of the possibility to use the service via the Internet on servers that are within the sphere of influence of the service provider, to which the user, to the extent necessary, receives access and use rights. By using the Software as a Service, the user may enter data and use different functions. Micropyme's services include, but are not limited to, website features and other products and services when you visit or shop at https://shop.micropyme.com, chat, blog, social networking links, and contact form.
(4) A condition for the smooth use of the service is a continuous and reliable internet connection to the service provider's servers. It is up to the customer to establish this connection with the help of his device.
(5) Only the Terms and Conditions of the service provider apply. The service provider does not recognize conflicting or different terms that the user may condition, unless their validity has been explicitly agreed in writing.
(6) If the term "the website of the service provider" is then used, this means the website or websites of the service provider, according to which the service, in the sense of paragraph 1, is generally made accessible by the service provider on the Internet.
In order to contact our company, we inform you that you can do so:
Postal Address: MICROPYME S.L., Ps Castellana nº 100 - Esc. Dcha.2º B 28046 (MADRID)
3 Formalization of the contract
(1) Unless explicitly agreed individually, a contract is only concluded through the correct performance of the service including the purchase of products.
(2) The user is not entitled to enter into a different contract. The service provider is free to refuse any offer by a user to enter into a contract without giving any reason.
(3) By subscribing to the services provided on any of the https://www.micropyme.com and https://shop.micropyme.com websites, you agree to the Subscription Terms ("the Terms") as detailed below, including your consent to process and share your personal data as necessary for MICROPYME S.L. to provide its service to you, and always in compliance with all data protection legislation.
(5) The prerequisite for registration is that the user is legally competent and has the minimum age of 18 years, is entrepreneur or self-employed professional or business owner and uses the services exclusively for commercial use. Minors are prohibited from registering. In the case of a legal entity, registration must be carried out by a natural person who has legal capacity and is authorized as a representative.
(6) If a company uses the services through a third party on behalf of the contracting company and the third party is specified as a contracting party, that company is obliged to inform the third party with an anonymity.
4 The services of the service provider
(1) Services provided by the service provider include:
Sale of ICT consulting, support and maintenance of the software solutions we market and of which we are official partner (pfSense, Netgate, Nagios, Proxmox, Asterisk, Queuemetrics, Wombat dialer, Zimbra, etc ...).
Official distribution of hardware products, software solutions and services from IBM, Lenovo, Nagios, Loway, Symantec, Microsoft, Zimbra, Digium, etc ... (see partners and business partners).
Through our online store, we offer the official sale of Netgate products and services (pfSense security gateway appliances and software subscription services and pfSense support for physical and/or virtual appliances).
(2) The content and scope of the services are governed by the respective contractual agreements, furthermore, in accordance with the functionalities of the service described on the website of the service provider.
(3) The presentation of products in the online shop does not represent a legally binding offer, but an invitation to place an order. The specifications of the services in the catalogues or on the website of the seller do not have the character of a guarantee or guarantee.
(4) All offers are valid "while stocks last" if the products are not marked with something contradictory. Errors and omissions are excepted.
(5) Only the respective user is entitled to use the service. The transfer of the user account to third parties or any other usage option offered by the user to third parties is prohibited and authorizes the service provider to extraordinary termination of the contract.
5 Obligations of Users
(1) The user is obliged to provide truthful information about himself or his company in connection with the use of the service.
(2) When using the service, the user is obliged to comply with applicable laws and to refrain from any activity that affects or puts excessive pressure on the operation of the service or the underlying technical infrastructure.
3) The user is not authorized to transmit his login data to third parties. The user is obliged to treat his login data carefully and to prevent misuse of the login data by third parties.
(4) The user is solely responsible for fulfilling his storage obligations. He shall ensure that his documents and data remain legal, when necessary, and that the tax authorities have the necessary access to them.
6 Notice of Right of Cancellation
(1) The service provider offers its services exclusively to self-employed persons and companies.
(2) For any intended use of the services provided by the service provider, there is no right of cancellation.
7 Duration of the contract
(1) The service begins with the formalization of the contract and is in force until the delivery of the product.
8 Prices and payment conditions.
(1) The prices indicated on the seller's homepage exclude VAT.
The Buyer must be clearly informed of the shipping costs on a separate information page and as part of the ordering process.
9 Shipping Costs and Conditions
The price of the shipment of the product will have a value of 15,00 € (imp.excl) in Peninsula and Balearic Islands.
If the shipment of the product is made to the Canary Islands or any country of the European Union this will have a value of 30.00 € (imp.excl). In the case of the Canary Islands, the final customer will be obliged to pay the corresponding customs fees (taxes and charges to the carrier upon receipt of the material, either in cash or by check, promissory note or any other means accepted by the carrier).
The company in charge of delivering the order will be "Fedex/TnT" or any other transport company.
9.2 NON-COLLECTION OF THE CONSIGNMENT
In the event that a previously paid order is made available to the client and the client does not pick it up, MICROPYME S.L. will try to locate it and facilitate its delivery as soon as possible.
If the order has not been picked up within seven days, the customer must pay the amount of storage that the logistics provider dictates if the period is exceeded. If it is not collected within 15 days, the product will be returned to MICROPYME S.L. and the customer will have to pay the amount of the shipping costs incurred in the return of the goods.
10 Methods of payment
The user will be able to choose between two different payment methods:
- Bank transfer
- Visa , MasterCard or Maestro Credit Card
If the user selects "Bank Transfer" as payment method, once the order has been confirmed, the user must make the transfer to the next account number:
IBAN: ES19 0128 0019 1301 0003 4016
C/ Bravo Murillo, 297 28000 MADRID
It is very important that you indicate in the subject line the order number, your name and surname and that you make the transfer within a maximum of four days since you placed the order.
The order will not be considered confirmed until the corresponding deposit has been verified.
The currency considered valid for payment will be the euro and any commission originated by this payment system will be the responsibility of the user, being exempt from it the Service Provider.
The purchase order will not be considered confirmed and, therefore, will not be processed until the amount of the order is received.
11 Warranty and RMA Management. Return of the product.
All our products have a manufacturer's warranty of 12 months from the date of purchase. 14 days after purchasing the goods, all problems or defects are automatically covered by the manufacturer's warranty.
For warranty processing, the customer is responsible for covering the costs of shipping to Micropyme, and Micropyme will cover the costs of shipping to the customer.
Warranty processing may take 10 to 30 days. Micropyme is not required to provide a replacement unit during that time. You may mail the defective unit to us for repair. The steps are as follows:
- Inform us by email about the problem with the unit.
- Please provide the serial number and invoice number of your product.
- Describe the product and the error / problem in detail and accurately.
- You will then receive an RMA number from Micropyme, SL.
- You can send the defective product to Micropyme, SL with the RMA number by mail. Mail without an RMA number is not accepted for warranty / RMA management and will be returned upon arrival with costs to be borne by the customer.
- Please pack the product with the original packaging and use sufficient protective material to ensure a safe shipment. If possible, use shipping insurance. Keep the shipping number (tracking number) in a safe place in case it is necessary.
- Micropyme, SL will ship your product to the manufacturer and will keep you updated on the status of the repair.
- The repair may take between 10 and 30 calendar days.
- Micropyme, SL will return the repaired product to you by mail as soon as possible.
12 Privacy and customer data
(1) The service provider shall ensure that personal data are collected, stored and processed by users only to the extent necessary for the performance of the contract and permitted by law or as required by law. The service provider shall treat personal data confidentially and in accordance with the provisions of the applicable data protection law and shall not disclose them to third parties, unless this is necessary for the fulfilment of contractual obligations and/or there is a legal obligation to disclose it to third parties.
(2) In order to ensure the auditable processing of data, the creation, modification and deletion of data with information on the user name and date of processing is recorded.
(3) The use of the service may require the service provider to process personal data on behalf of the user. For this, a separate agreement for the processing of personal data is required.
(4) The customer confirms that he is authorized to order Micropyme, SL to process such information and that all instructions given will be legal.
(5) Micropyme, SL will only process the customer's data in accordance with the customer's instructions and not for its own unauthorized use.
(6) Of the contracting parties, the customer shall be the owner of all data provided to Micropyme, SL or the application. The application allows the customer to export records and data held by the application and the customer agrees to export all data before the end of the subscription.
(7) Micropyme, SL shares information for data processing only when necessary to provide services to the customer or when required by any court or regulatory authority and then only to the extent necessary.
(8) Customer agrees that a copy of the bank certificate issued to Customer by Customer's bank may be stored in the MCROPYME SL database and in an external database. The customer also agrees that data retrieved from the customer's bank through a banking source are available and stored in the system.
(9) Micropyme, SL shall maintain the confidentiality of all confidential customer information that it provides to Micropyme, SL, except where such information has passed into the public domain without breach of this clause, or where Micropyme, SL has obtained the information from a third party without a duty of confidentiality where disclosure is required by a regulatory or governmental body or a court of competent jurisdiction and in such case only through the intermediary of a third party, or where Micropyme, SL has obtained the information from a third party without a duty of confidentiality where disclosure is required by a regulatory or governmental body or a court of competent jurisdiction and in such case only through the intermediary of a third party.
(10) Micropyme, SL shall take all technical and organisational security measures necessary to ensure the secure processing of customer data and shall prevent the accidental or unlawful destruction, loss or misuse of system information and to prevent such information from falling into the hands of any unauthorised party or from being misused or treated in a manner contrary to data protection legislation. Micropyme, SL shall comply with its obligations under all applicable data protection legislation as a data processor and shall be guided by the General Data Protection Regulations (RGPD).
(11) In case the user obtains data protection consent statements as part of the use of the service provider's services, it is noted that the user may revoke them at any time.
13 Changes to Services
The service provider periodically adjusts its Internet services, at its own discretion, to technological developments and market needs to meet the intended use in accordance with the product description. This may change the content of the service, such as new or modified functionality and adaptations to new technologies. Since these changes are part of the nature of the software, the user can not derive any rights or claims from this.
The service provider also has the right to offer new paid services and to suspend the provision of free services. In addition, the service provider may add extended payment services to payment services. When changing payment services, the service provider shall pay special attention to the legitimate interests of the user and shall announce the changes to the payment services in due time.
14 Limitation of Liability
(1) Claims for damages for breach of contract and unlawful action can only be made if there is evidence of willful gross negligence on the part of Micropyme, SL and/or its agents. The above disclaimer does not apply to the violation of essential contractual obligations.
(2) Micropyme, SL is not liable for service interruptions due to force majeure, in particular during a drop or overload of the worldwide communications networks. For this reason, the customer cannot claim a reduction of its service obligation.
(3) Micropyme, SL shall not be liable for any damages that the customer may suffer due to the lack of security measures in the transmission of data.
15 Changes to Terms and Conditions
The service provider reserves the right to change these terms and conditions at any time effectively even within existing contractual relationships, provided that this change, taking into account the interests of the service provider, is reasonable for the user; this is particularly the case when the change does not present significant legal or economic disadvantages for the user, e.g. changes in the registration process or changes in contact information.
Any other changes will be notified by the service provider to registered users at least four weeks prior to the planned effective date of the change. Changes will be communicated to the user by email. Unless the user objects within four weeks after receipt of the notification, the agreement of use will continue with the entry into force of the changes with the modified terms and conditions. In the notification of change, the service provider will inform the user of his right of opposition and the consequences of submitting an objection. In case of an objection, the service provider has the right to terminate the contractual relationship with the user at the planned entry into force of the changes.
16 Final Provisions
(1) These terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain and the courts of the Kingdom of Spain shall have exclusive jurisdiction to determine any dispute relating to these terms or their scope.
(2) If the user is a distributor, a legal entity under public law or a special fund under public law, the registered office of the service provider is the exclusive place of jurisdiction for all disputes arising out of the contractual relationship.
(3) Should the individual provisions of these terms and conditions be or cease to be effective, this shall not affect the validity of the remaining provisions.
From 4 September 2018