General Conditions and Portal Use

I. PURPOSE, OBJECTIVE AND SCOPE OF APPLICATION

These stipulations regulate the contracting of the products and services offered and the advertising aimed at the clients by Leistung S.L.U., a mercantile company operating on the market through different commercial channels, including on the Internet via its website (www.a-secur.com). It provides its clients security systems and any other products that they may add to their line in the future. These General Terms and Conditions also regulate the rights and responsibilities of the parties deriving from transactions entered into between them.

The clauses listed below constitute the framework contract that all clients who access the website www.a-secur.es are obliged to know and accept. For the sole purpose of these general terms and conditions, the expression “client” includes any Internet user who meets the professional conditions specified below (non-consumer) who accesses the website www.a-secur.com, whether directly or through any other site on the Internet.

The services offered by Leistung S.L.U. on this website are regulated by the terms and conditions contained in this contract. Leistung S.L.U. reserves the right to modify these general terms and conditions, in whole or in part, with the new terms and conditions applying from the moment they are published on the site. In any case, said modifications shall not retroactively affect the goods or services contracted previously by the clients.

These General Terms and Conditions bind both parties and are an integral and inseparable part of the purchase contract, taking effect the moment the client places the order, through the contracting mechanisms specified below, all in accordance with art. 1,255 of the Civil Code, which outlines primarily the autonomy of will and pacts between the contracting parties. For all intents and purposes, the client shall be understood to have accepted the conditions and rules of use established herein when they click “I accept the conditions of service and abide by them unconditionally”, at the end of this document.

These General Terms and Conditions are set forth in compliance with Spanish Law, in particular Law 7/98 of 13 April, the General Contracting Conditions Act, Civil Code, Directive 2000/31/EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July, the Information Society and Electronic Commerce Services Act, and all other applicable laws and their executive regulations.

II. IDENTIFICATION AND BUSINESS NAME OF THE OFFERING COMPANY

Leistung S.L.U., with registered address in Avda. da Ponte, 88 – 36318 Vigo, registered in the Company Registry of Pontevedra, Volume 3,362 of the legal entities section, Folio 195, page PO-43759, entry 1, section 6, with Corporate Tax ID No. B36996734, undertaking the activity of wholesale distribution of electronic security systems.

The contact email address is info@a-secur.com

The contact phone number is (+34) 986 169 242

The address for submitting claims is the one indicated as the company’s registered address.

III. LEGAL CONDITIONS FOR PROVIDING THE SERVICE AND LIABILITY

Information clarity and transparency:

Leistung S.L.U., in compliance with art. 10 of Law 34/2002 of 11 July, through its website and these General Terms and Conditions, provides permanent, easy, direct and free electronic access to the comprehensive details of its business (tax and registry details, registered address and address for communications), as well as the exclusive-access client data held by the company.

IV. CLIENT ACCESS CONDITIONS

The client, user of the Leistung S.L.U. website, only has free and unfettered access to the public information contained on it if they have first registered as a professional user, following the instructions given below.

However, Leistung S.L.U. reserves the right to restrict access to information, promotions and special offers to registered clients, in accordance with the commercial policy applicable at any given time.

The website www.a-secur.com only sells professional material, reserving the right to request the pertinent documentation for proper registration, making it possible to differentiate the sales channel.

The public information contained on the website of Leistung S.L.U., referring both to the company Leistung S.L.U. and to the brands, products, logos, etc. of the wholesalers and manufacturers of products and services offered, is protected by the legal provisions on intellectual and industrial property, so the copy, transmission, transfer, expropriation or use by the client is prohibited, except for the advertising purpose of its virtual publication, without the express consent of Leistung S.L.U., of the product manufacturer or trademark and logo owner, in the terms outlined in section XI on Industrial and Intellectual Property Rights.

Client registration:

Prior to formalising the purchase of any of the products offered by Leistung S.L.U., the client must register their details and personal circumstances as necessary to formalise the contract of sale (full name or business name, company or personal tax ID number, address, email address, phone/fax number). Likewise, when formalising the registration, the client must provide a copy of the document that certifies the commercial or professional activity they conduct.

To place orders on the website, each client must provide Leistung S.L.U. with their personal data voluntarily and under their own liability.

In the event that the data provided by any client is fraudulent, Leistung S.L.U. shall lodge the corresponding claims before the applicable authorities.

Once the client registration has been completed, Leistung S.L.U., after analysing the data and documents provided, shall provide (if applicable) a personal access system through a custom login code and password, to facilitate future purchase transactions.

Afterwards, the client can designate their own login and password, as long as they are available or are not assigned to other clients.

The client agrees to ensure the confidentiality of their own login and password details. Leistung S.L.U. shall not be held liable in any way for improper use or negligence by the client in fulfilling their obligation to keep their access details confidential.

V. BIDDING AND ADJUDICATION PROCESS

Product purchasing conditions

Information on the product offered to the client:

Includes the technical specifications, description, warranty period, illustrative photograph (when applicable).

The external appearance of the products shown on the website may vary without prior notice due to updates by the manufacturers. However, the technical configuration and features specified on the product sheet are guaranteed.

Information on the product price:

a)   The prices shown for each product are net prices, without taxes.

b)   Once the products have been added to the shopping cart, it will reflect the unit price by product, the total based on the number of units acquired, delivery and handling fees, any taxes, and the total amount due.

Order acceptance:

Once the order has been formalised, once the order acceptance menu option has been used, client consent is assumed in the validity and effect of the sales contract that binds the parties.

After accepting the order, Leistung S.L.U. will confirm it by email sent to the address provided by the client in the registration details.

Leistung S.L.U.’s commitment in the sale and delivery of the goods offered is subject to stock of the advertised product and availability while supplies last. Therefore, in its commitment to quality and customers service, Leistung S.L.U. attempts to ensure that the advertised products are available at all times. However, in the case of exceptional circumstances, such as an abusive order, multiple interactive orders or others that lead to product supplies running out, the order may be cancelled by virtue of this resolution clause, reimbursing the client for all amounts paid in the event of pre-payment.

Client payment methods:

The following payment methods are provided:

1. Credit card:

Leistung S.L.U. accepts payment by VISA, Verified by VISA, MasterCard, MasterCard SecureCode. When placing the order, the client must provide the card details, which will be stored directly during the purchase process.

2. Deferred payment:

To use this payment method, the following conditions must be met:

a)    Must have made purchases in excess of 3,000.00 euros in the past twelve months.

b)    The deferred payment transaction is subject to approval by the risk insurance company.

Deferred payment shall be made by transfer to any of the Leistung S.L.U. bank accounts listed on the invoice, or by SEPA order against the account indicated by the client.

In the event of non-payment of the SEPA order, the client will be charged with a fee equivalent to 2% of the capital with a minimum of 10 euros, which will be billed by Leistung S.L.U. when the corresponding payment order is rejected.

The maximum payment period is 60 days from the date of the invoice, which the client can download directly from the website.

3. Sofort.

This system can be used to make pre-payments on the purchase.

4. Standard transfer.
These payment methods consist of a bank transfer or cash deposit in the full amount of the order through any of the Leistung, S.L.U. back accounts listed on the purchase invoice. The order number corresponding to the payment must be indicated.

Orders that have not been paid, for any reason, within 15 days of confirmation will be cancelled without prior notice.

Invoice: 
The invoice issued by Leistung S.L.U. can be downloaded by the client by accessing the website www.a-secur.com, although it will also be sent to the client by email to the address indicated for that purpose.

Leistung S.L.U. advises that under no circumstance can the sales invoices issued be modified afterwards, in compliance with current invoicing regulations (Royal Decree 1496/2003 on Invoicing rules, modified by Royal Decree 87/2005). The invoice will be issued to the individual or company that places the order. Subsequent changes cannot be made.

Regardless of the delivery address indicated by the client in each case, the invoices will always include the tax details provided by the client during the registration process. Any modification to the tax details must be reported to Leistung S.L.U.

Product delivery times:

An approximate delivery time is established at between one and seven business days, depending on the destination of the goods.

Delivery location and method:
The order will be delivered to the address designated when contracted by the client. It will only be possible to change the delivery location requested by the client before the order leaves our warehouses.

Important: Ensure that the packages received are in good order externally. If not, make that fact known on the courier’s delivery note and, if necessary, reject the delivery and report it immediately, always within 24 hours, by email to Leistung S.L.U.

In cases of product damage caused during transport (which was not indicated at the moment of delivery or that are not visible externally), report it within seven calendar days after receipt, by email to Leistung S.L.U.

Leistung S.L.U. supplies and sells products within the European Union only. However, in the event of goods deliveries to locations with customs offices, all tariffs and administrative processing fees (Single Administrative Document, etc.) shall be paid by the client.

Delivery of large products:
Large-sized products, such as safes, will be delivered onsite.

VI. PRODUCT WARRANTY

The warranty on the products sold by Leistung S.L.U. is twenty-four months, which may be extended exceptionally for certain products to thirty-six months, whenever Leistung S.L.U. recognises said extension.  The calculation of the warranty period begins from the date the client receives the goods.

In any case, the serial number of the product to be repaired must correspond to the one on file with Leistung S.L.U.

Leistung S.L.U. shall not be responsible for any damage caused by misuse, manipulation or improper installation.

Likewise, the warranty shall not be valid in the event of factors external to normal product use, such as voltage surges or drops, short-circuiting, use of inappropriate accessories or those prohibited by the manufacturer, dropping, water, fire or improper or abusive use by the client or by third parties unauthorised by the manufacturers.

Nor shall Leistung, S.L.U. be held liable for cyberattacks on the equipment sold. To prevent or reduce those attacks, the client agrees to change the original passwords in those systems.

Repairs on products under warranty will be made according to the following conditions:

a) Repairs will be made and/or supervised solely by Leistung S.L.U. technical services.

b) Leistung S.L.U. will not be held liable for repairs or manipulations by unauthorised third parties, and the buyer shall lose all rights regarding the warranty in the event of such manipulations.

c) Products purchased by the client at the vendor’s commercial establishments that need repair must be delivered to and retrieved from said establishment. 

d) Once the product to be repaired has been collected and analysed by the Leistung S.L.U. technical services, if no anomaly is found, the client will be notified and will be responsible for paying all collection and delivery charges. If after six months from said notification the client has not retrieved the equipment from the Leistung S.L.U. facilities, said equipment will be destroyed.

Leistung S.L.U. shall not be held liable before third parties who have not acquired the good directly through Leistung S.L.U. and/or are not listed on the sales invoice.

VII. CLIENT RIGHTS

Confidentiality and security of the client’s personnel details in accordance with the current Spanish legislation on data protection.

Non-distribution, transmission or publication of the client’s data without express consent.

Access, rectification, cancellation and/or opposition to the processing of the client’s personal data in the Leistung S.L.U. database upon request by the client, all in accordance with the provisions of the Personal Data Protection section.

Awareness at all times of the status of the order placed.

Any goods returned by the buyer must take place within thirty calendar days of order confirmation, requesting a return number from Leistung S.L.U. through the email address: info@a-secur.com. Once the return number has been received, the goods must be sent to the following address:  Avda. da Ponte, 88 – 36318 Vigo (Pontevedra), which must be received by Leistung S.L.U. within the period of thirty calendar days indicated above. Delivery fees must be paid by the client making the return.

Once Leistung S.L.U. has received the returned goods, a payment invoice will be issued, and the corresponding economic return will then be made. In no case will the client’s favourable balance apply to future purchases.

Economic returns to the client with deferred payment will be made with the same payment time periods as in the purchase invoice, starting from the date of issue of the payment invoice.

Exceptions to the returns:

Due to their nature, return is excluded on the following products:

• All types of material that is not returned in the same conditions as at delivery. This means that the equipment cannot show any sign of having been manipulated. If the configuration of the equipment has been altered, it must be returned with the original configuration, with any existing recordings deleted. The material must have its original packaging and accessories, which must be in perfect conditions.

• Material or products ordered expressly that are not included in the catalogue published on the website or that are published on the website as project material.

The products offered and others that have been discontinued.

IMPORTANT: To avoid any incidents, be advised that all products must be protected with additional external packaging, just as you have received them, to prevent any damage or manipulation of the original product packaging during transport.

VIII. CLIENT RESPONSIBILITIES

Keep your personal codes with due diligence.

Use the purchasing service offered by Leistung S.L.U. on its website faithfully, without manipulating the content of the website, entering disparaging content or interfering with the computer resources with viruses or other conduct prohibited by Law.

Respect the purchase agreement once the order has been accepted, with the corresponding payment of the agreed prices and refraining from abusive and illegal actions in the contracting process.

Use the information published by Leistung S.L.U. solely for the client, strictly as part of the personal commercial relationship intended.

Do not reproduce, take or use the information published by Leistung S.L.U. in all of its content without the express authorisation of the company.

IX. LEISTUNG S.L.U. RIGHTS

Maintain, modify or suspend the website without prior notice.

Modify the price of the offers.

Reject orders due to lack of stock or failure by the client to pay.

Reject access by the client to the computer tools in the event of noncompliance with these terms and conditions.

Receive the amount due on the purchase from the client once the transaction has been accepted.

Preserve the domain and maintain full ownership of the article until fully paid by the client.

Correct or amend human or computer errors.

X. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The rights related to industrial and intellectual property (including but not limited to: brands, logos, texts, photographs, icons, images, etc., as well as the graphic design, source code and other software elements contained on the website “www.a-secur.com”) are the property of Leistung S.L.U. or of the wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation.

Use, copying, distribution, reproduction, transmission, manipulation or any other use beyond that which is normal and necessary to access the page and use the services offered is prohibited without the express written authorisation of Leistung S.L.U. or, when applicable, the wholesaler or manufacturer of the product which holds the corresponding rights.

Access to the services offered does not represent on behalf of Leistung S.L.U. the waiver, transmission or cession, in whole or in part of the rights deriving from the intellectual and industrial property, nor does it give rights of usage, alteration, exploitation, reproduction, distribution or public communication of the content without the prior express authorisation in writing of the respective holders of said rights, notwithstanding the right to view and obtain a private backup copy of said content, as long as said right is exercised in accordance with the principle of good faith and always maintaining the intellectual and industrial rights of the holder of said rights unaltered, used for non-commercial purposes and solely for the personal information of the client.

Liability deriving from the use of protected materials for the intellectual and industrial property rights of third parties contained on this website illicitly or in contradiction to morals, honour, or privacy and good faith, shall lie solely with the client, exempting Leistung S.L.U. in any case of any liability deriving from said conduct.

XI. EXEMPTION FROM LIABILITY

Leistung S.L.U. shall not be held liable for any interruptions to electrical or telecommunication services that prevent clients from using the services offered.

XII. APPLICABLE LAW AND JURISDICTION

All controversies and issues related to this website or to the activities undertaken on it shall be resolved in accordance with Spanish legislation, to which the parties submit expressly, with the Courts of Vigo being competent in the resolution of all conflicts deriving from or related to its use. The buyer expressly agrees to submit to this jurisdiction.

XIII. PERSONAL DATA PROTECTION

Information:

1. CLIENT INFORMATION:

LEISTUNG SLU, hereinafter the MANAGER, is responsible for processing the client’s personal data and hereby informs the client that the data will be processed in compliance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), and hereby provides the following information related to processing:

Processing purpose: to maintain a commercial relationship with the client. The operations for conducting the handling are:

Sending commercial publicity communications by email, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enable commercial communications. These communications will be conducted by the MANAGER and related to their products and services, or those of their collaborators or providers with which they have reached a promotion agreement. In this case, the third parties will never have access to the personal data.

Conducting statistical surveys.

Processing orders, requests or any type of petition made by the client through any of the contact methods available.

Send website newsletters.

Legal basis for processing: consent of the interested party

Data storage criteria: data will be stored for no longer than necessary to maintain the processing purpose. When they are no longer needed for that purpose, they will be deleted with appropriate security measures to guarantee pseudonymization of the data or complete destruction of the same.

Data communication: the data shall not be communicated to third parties, unless required by law.

Rights of the client: Right to withdraw consent at any time. Right to access, rectification, portability and suppression of the data and limitation or opposition to its treatment. Right to lodge a complaint before the control authority (www.aepd.es) if the handling is deemed to contravene the applicable legislation.

Contact details for exercising rights: LEISTUNG SLU. AV. DA PONTE, 88 - 36318 VIGO (Pontevedra). Email: GDPR@A-SECUR.COM

2. OBLIGATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE CLIENT TO LEISTUNG SLU AV. DA PONTE, 88 - 36318 VIGO (Pontevedra)

By selecting the corresponding check boxes and entering data in the fields marked with an asterisk (*) on the contact form or submitted on downloaded forms, clients expressly, freely and unequivocally accept that their data are necessary in order for the provider to tend to their request. Inclusion of data in all other fields is voluntary. The client guarantees that the personal data provided to the MANAGER are true and agrees to report any changes to the same.

The MANAGER informs and expressly guarantees that the client’s personal data will not be transferred in any case to third parties and that any time personal data are transferred in any way, the client’s express, informed and unequivocal consent will be obtained in advance. All data requested via the website are required, as they are necessary to provide an optimum service to the client. In the event that not all data are provided, there is no guarantee that the information and services provided will be completely suited to your needs.

3. SECURITY MEASURES

Pursuant to the applicable regulations on personal data protection, the MANAGER is in compliance with all provisions of the GDPR for handling the personal data under their responsibility, and specifically with the principles described in article 5 of the GDPR, by which they are handled legally, loyally and transparently with regard to the affected individual, and adequate, pertinent and limited as necessary to the purposes for which they are handled.

The MANAGER guarantees that appropriate technical and organisational policies have been implemented to apply the security measures established in the GDPR to protect the client’s rights and liberties, and that the necessary information to exercise said rights has been provided to them.