GENERAL TERMS AND CONDITIONS OF SALE


Introduction

This contractual document governs the General Terms and Conditions for the purchase of products (hereinafter, “Terms”) through the website www.probyte.com/es , owned by PROCOMP TEAM SL under the trade name PROBYTE, hereinafter referred to as the “PROVIDER”, whose contact details are also listed in the Legal Notice on this website.

These Terms will remain published on the website and available to the USER for reading, storing, and reproducing as confirmation of the contract. They may be modified at any time by PROCOMP TEAM SL. It is the USER’s responsibility to read them periodically, as the Terms in effect at the time the order is placed shall apply. PROCOMP TEAM SL will file the electronic document in which the purchase is formalized and will keep it available to the USER upon request.

Contracts are not subject to any formal requirement except in cases expressly specified in the Civil and Commercial Codes or in other special legislation.

Acceptance of this document implies that the USER:

  1. Has read, understands, and agrees with what is stated herein.
  2. Is a person with sufficient legal capacity to contract.
  3. Accepts all obligations set forth herein.

These conditions have an indefinite period of validity and apply to all contracts made through the PROVIDER's website.

The PROVIDER informs that the trade is responsible and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the conditions, without affecting goods or promotions purchased prior to the modification.

Identity of the contracting parties

On one side, the PROVIDER of the products contracted by the USER is PROCOMP TEAM SL, with registered office at Calle Alejandro Goicoechea y Oriol nº10, Gijón 33211, Asturias - Spain, Tax ID NIF B52519741 and customer service phone number 984 285 109.

On the other side, the USER, registered on the website via an email and password, over which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Object of the contract

This contract aims to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.

The sales contract relationship involves the delivery, in exchange for a determined and publicly displayed price on the website, of a specific product.

Correction of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email web@probyte.com so that PROCOMP TEAM SL corrects them as soon as possible.

The USER can keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.

The USER will select an email and password, committing to use them diligently and not make them available to third parties, as well as to notify the PROVIDER in case of loss, theft, or possible unauthorized access, so that it can proceed with immediate blocking.

Once the user account has been created, it is informed that, according to Article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Jurisdiction.
  7. General offer information.
  8. Price and validity period of the offer.
  9. Shipping costs.
  10. Payment method, fees, and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES


Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS


The PROVIDER will not send any order until payment has been verified.

Shipments of goods will usually be made via COURIER (:carrierList), according to the destination freely designated by the USER.

Shipping will take place once the availability of the merchandise has been confirmed and payment for the order has been verified.

The delivery time will be between 1 and 9 working days, depending on the destination and the chosen payment method. The expected shipping and delivery date will be provided prior to order confirmation.

Failure to execute the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the expected timeframe, the USER will be informed of the lack of availability and that they are entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages being attributable to the PROVIDER.

The PROVIDER will assume no liability when the delivery of the product or service does not take place because the data provided by the USER is false, inaccurate, or incomplete.

The delivery will be considered completed at the moment when the carrier has placed the products at the disposal of the USER and the latter, or their delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order. The USER may, by means of a simple declaration, demand the rectification of said lack of conformity, a reduction in price, or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER fulfills the obligations established in this contract.

It is the responsibility of the USER to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure to follow to perform this download.

3. RIGHT OF WITHDRAWAL


The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it refers to the provision of a service, to exercise the right of withdrawal, regulated in Article 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, pursuant to Article 105 of RDL 1/2007.

The right of withdrawal shall not preserve to the contracts referred to and listed in Article 103 of RDL 1/2007.

All returns must be communicated to the PROVIDER, requesting a return number via email to web@probyte.com, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge a cost of 20% to the USER, informing them previously through the same communication channel used.

Once the USER has received the return number, they shall send the product to the PROVIDER, indicating this number on the shipping letter, with transport costs borne by the USER, to the domicile of PROCOMP TEAM SL, Calle Alejandro Goicoechea y Oriol nº10, Gijón 33211, Asturias - Spain.

4. CLAIMS


Any claim that the USER considers appropriate will be attended to as soon as possible and may be made at the following contact addresses:

Postal: PROCOMP TEAM SL, Calle Alejandro Goicoechea y Oriol nº10, Gijón 33211, Asturias - Spain
Phone: 984 285 109
Email: web@probyte.com

5. FORCE MAJEURE


The parties shall not incur liability for any failure due to force majeure. The fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.

6. COMPETENCE


The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality, and fulfillment of the rest shall not be affected in any way, nor shall they undergo modification in any way.

The USER declares to have read, understood, and accepted these Conditions in their entirety.

7. GENERALITIES OF THE OFFER


All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of PROCOMP TEAM SL or to what is stipulated herein shall have effect, unless there is an express written agreement signed by the PROVIDER; in this case, these particular agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER


The prices indicated regarding each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional and ancillary services to the purchased product.

The prices indicated regarding each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional and ancillary services to the purchased product.

Before making the purchase, all details of the quote can be checked online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the purchase total. Prices may change daily as long as the order is not placed.

Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name provided at the time of placing the order. This invoice can be downloaded in PDF format by accessing the website management panel with the user account. In case of wishing to receive it via email, it must be requested by any of the means that the PROVIDER makes available, informing them that they may revoke said decision at any time.

For any information regarding the order, the USER may contact via the PROVIDER's customer service telephone number 984 285 109 or via email at the address web@probyte.com.

9. SHIPPING COSTS


The prices published in the store do not include shipping or communication costs, nor installation or download costs, or complementary services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated at the time of saving the basket or quote, as they are calculated based on the weight of the products and the delivery address.

View prices

10. PAYMENT METHODS, CHARGES AND DISCOUNTS


The PROVIDER is responsible for the economic transactions and enables the following forms to effect payment of an order:

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entry on secure pages, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER commits not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.

11. PURCHASE PROCESS


Any product from our catalog can be added to the basket. In this, only the items, quantity, price, and total amount will be observed. Once the basket is saved, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.

The baskets have no administrative binding; it is only a section where a quote can be simulated without any commitment by either party.

From the basket, an order can be placed by following the steps below for its correct formalization:

Once the order has been processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the placement of the order.

Orders (purchase requests)

Prior to the order confirmation, information regarding the status of the order and the approximate shipping and/or delivery date will be supplied.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT


If any of these terms and conditions were considered illegal, void, or for any reason unenforceable, this condition shall be considered severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice, or policies that are applicable to them.

When The PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to The PROVIDER.

13. WARRANTIES AND RETURNS


Warranties shall comply with the provisions of the Title regarding "Warranties and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

In addition to the general warranties, we offer our customers a 30-day return period.

14. APPLICABLE LAW AND JURISDICTION


These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation, or where the property is located if it is real estate.