The enterprise DIGITANIMAL S.L. (from this point forward MANUFACTURER) has developed a system (hardware and software from this point forward PRODUCT), which installed on an animal allows for monitoring the cattle with wireless sensors in order to achieve greater optimization of animal husbandry resources. The PRODUCT is connected with a SOFTWARE that allows for remote control of the PRODUCT.
1. OBJECTIVE OF THE CONTRACT
The present contract has as its objective the purchase of the PRODUCT and obtaining the licence to use the SOFTWARE associated to each unit of the acquired product.
The MANUFACTURER under no circumstances will be responsible for the loss of animals nor of the devices carried by the latter.
2. PROHIBITION OF RESALE
It is expressly prohibited the resale of the PRODUCT acquired from the MANUFACTURER without the consent, express and in writing, of the latter. The unfulfillment of this obligation, from one side, will entail the automatic withdrawal of the licence to use of the SOFTWARE; and, if not, will give the right to the MANUFACTURER to receive a compensation of double the paid price at the purchase.
3. DURATION OF THE CONTRACT, WARRANTY AND RENEWALS
The licence to use the SOFTWARE associated to each unit of the PRODUCT will be attached to the obverse of this document. The aforementioned period will start from the moment of the purchase of the PRODUCT. The licence to use will be automatically considered extended in a tacit way if none of the parties requests its termination. The choice of not extending the product will have to be informed to the other contracting party by means of a prior notice of, at least, one (1) month prior to the expiry date of the latter and by registered fax, with certified copy and acknowledgement of the invoice.
The tacit recreation will automatically yield the collection right in favour of the MANUFACTURER, the price of the renewal of the licences to use the software, in accordance with the type of licence to use, not set up in the present contract. Each unit of PRODUCT is associated with a unit of SOFTWARE.
Except for the foreseen in a different way from the present contract, each notification must be made between the parties as a consequence of the latter a statement will be made by means of regular mail to the persons and directions stated in the present contract.
5. RIGHT OF WITHDRAWAL OR REIMBURSEMENT
The acquisition of the PRODUCT gives the right to desist from the present contract in a period of thirty (30) natural days counted from the day that you or a third party indicated by you, distinct from the haulage, acquired the possession of the goods, without need of any justification.
To apply the right of withdrawal or reimbursement, you should inform through our customer service team by: firstname.lastname@example.org or by phone +34 914126657 (from 9h to 19h from Monday to Friday, Spanish time).
To keep to the due date of the withdrawal, the sending of a statement before the corresponding deadline falls due will suffice.
In case of withdrawal on your behalf, we will return you all the received payments from you, excluded the delivery expenses without any wrongful delay and, in any case, no later than fourteen (14) natural days starting at the date at which we receive the acquired PRODUCT, we will proceed executing the aforementioned refund utilising the same payment method employed by you for the initial transaction, unless you have disposed specifically the contrary; in any case, it will not incur any expense as a consequence of the refund.
You should directly return us or deliver us the PRODUCT at the address Avenida Castilla 1, office 7B, 28830 San Fernando de Henares MADRID, in your care, without any wrongful delay and, in any case, no later than in the period of fifteen (15) natural days from the date you communicate us your decision of the withdrawal of the contract. The deadline will be considered fulfilled if you execute the reimbursement of the goods before having concluded the aforementioned deadline.
You must keep to the following requisites, so that the reimbursement is accepted by the MANUFACTURER:
1. The PRODUCT has to be returned in a perfect state, and without its use having gone beyond the mere verification of the good state and functioning of the latter.
2. The PRODUCT has not suffered any damage for inappropriate use.
3. It is in the same conditions as when delivered: preserving both its original box and all the initial content of the latter.
In the event that the PRODUCT is not received in its original packaging as priorly indicated, we reserve the right to deduct from the total price to return those elements that have not been returned:
1. Box/packaging: €3+VAT 2. Buckle: €2+VAT 3. Counterweight: €4+VAT 4. Lead: €5+VAT
The MANUFACTURER embraces the right to reject any reimbursement, in the event that the priorly explained rules. The orders that have benefited from a special offer or from a gift, should be returned entirely to receive the reimbursement. Once justifiably rejected each refund and notified to the client, the client will have three (3) months to pick up or withdraw his order from the central facilities, bearing the collection costs. If not collected in three (3) months, the MANUFACTURER reserves the right of use from the latter.
6. DUTY OF CONFIDENTIALITY
The client will not make available to third parties, for any use or under no circumstances, the PRODUCT and the software to the associate whose right of use of the licence cedes by virtue of the present agreement. The client is obliged to adopt the necessary measures in order to prevent the divulgation of the facilitated information by the MANUFACTURER and will be responsible for the harm that can appear at other contracting party as a consequence of the breach of this obligation, by itself or by the persons that integrate into his organisation.
7. COLLECTED DATA
All of the gathered device data are of exclusive ownership of the MANUFACTURER, so, without the prejudice to the rigorous compliance of the Organic Law on Protection of Personal Data and without making reference to nor the personal data of any final user nor to its concrete animal husbandry, will be able to have all of them available without any limitation.
8. ACCEPTANCE OF THE CONTRACT
The payment of the present invoice entails the acceptance of the conditions of the contract
The parties agree on all lawsuit, discrepancy, issue or complaint resultant from the realisation, termination or interpretation of the present contract related, directly or indirectly, will be solved definitely by means of arbitration, de jure, by the frame of the Court of Arbitration of Madrid, to which the naming of the arbitrator or arbitrators and the administration of the arbitration is commended. The parties expressly agree to give compliance with the arbitral decision enacted.
Nevertheless, the previous, previously to be subjected to arbitration, the parties agree that they will obtain commercial mediation before the mediator or co-mediators that design the ‘Ilustre Colegio de Abogados de Madrid’ through its department of Mediation (Medialcam). In case that the latter offers the parties a list of physical and legal mediators, both agree to come, in this order, to the one that offers the most approximate to the average of the offered by all of them and, in case of coincidence, to the one that turns out according to a draw realised in a private way by the parties.