Disclamer and Terms of Use

In accordance with Article 10 of Law 34/2002 passed on 11 July, ruling on Services of Electronic Information and Commerce Companies, the required data is as follows:

Name of the provider: Sociedad Industrial de Maquinaria Andaluza, S.A. (SIMA)

Website: www.simasa.com

Tax ID (C.I.F) N°: A18024919

Business address: Poligono Juncaril, C. Albuñol, P-250 Albolote (Granada), 18220 Spain

Telephone: +34 958490410  E-mail: customer@simasa.com

Registration data: Granada Board of Trade, Volume 493, page 13, sheet GR3696, registration 7.

Purpose


Sociedad Industrial de Maquinaria Andaluza, S.A. (SIMA), hereinafter referred to as the Provider, owner of the website, hereby publishes this document to provide evidence of the intention to comply with the requirements set forth in Law 34/2002 ruling on Services of Electronic Information and Commerce Companies (LSSI-CE), in addition to notifying all users of the website of the terms of use in relation to the same.

Everyone accessing this website accepts the role of user, thereby making a commitment to strictly comply with the provisions set forth herein, without prejudice to any other applicable legal provisions. Accessing this page implies awareness and acceptance of the following terms and conditions of use.

The provider reserves the right to alter any type of information included on the website without having to notify users of the same in advance, publication of the same on the website being regarded as sufficient. We recommend you visit the site on a regular basis in order to remain updated on the alterations effected.

Services, Privacy and Data PRocessing


The Provider uses the website to offer users the opportunity of accessing the range of services provided (referred to hereinafter as the « Services ») via the different sections and/or forms.

When data of a personal nature is required in order to access specific content or services, users should guarantee the accuracy, authenticity and validity of the same. The Provider will automatically process such data according to the nature or purpose of the same, in accordance with the terms set forth in the Privacy section.

Liability


The Provider shall be exempt from all liability arising from the information published on the site, whenever such information has been handled or posted by a third party alien to the same.

The provider´s website may use cookies – a technology which installs a small amount of information on the website user´s computer to enable the same to recognize future visits using this computer. Cookies improve the convenience and use of the website. For example, the information supplied via cookies is used to recognize you as a previous user of the website, as a means of offering you a website with personalised content and information for your use, and to facilitate your experience on the website. You may choose to disable the cookies if your browser so allows, but this may affect the use of the website and your capacity to access specific applications or to conclude certain transactions using the same to perform certain functions regarded as vital to the correct use and viewing of the website. The cookies used on the website are of a temporary nature and serve the sole purpose of making your subsequent visit more effective, and vanish on closing the user session. Under no circumstances whatsoever will cookies be used to collect information of a personal nature.

A method of collecting additional information from your visits to our service, the website pages you visit most or the services you pay most attention to, is by registering you computer´s IP address or protocol. This IP protocol is a number automatically assigned to your system each time you browse. Any web page you access immediately detects the presence of your terminal through your IP address. Your IP address is automatically stored when you access any of our pages. The sole purpose of this function is to draw up statistics on visits to our site in order better understand our service and to enable us to improve on a daily basis.  In accordance with the LSSI (Law on Services of Information Companies) the Provider will file the browsing records for the legal term of one year form the time the regulatory of the aforementioned standard (in accordance with the specifications of the Ministry of Telecommunications).

Third-party websites may be accessed from our website. Given the provider may not always control the content posted on its website by third parties, the former shall not be held liable for any such content.  In any case, the provider hereby undertakes to immediately remove any content which might violate domestic or international law, morality or public order, removing links to the said website and notifying the pertinent authorities of the content in question.

This website has been reviewed and approved to ensure it functions correctly. In principle, it is guaranteed to function correctly 24 hours a day, 365 days a year. However, the Provider does not discard the possibility of the appearance of certain programming errors, or situations of force majeure, natural disasters, strikes or similar circumstances which render access to our site impossible.

Updates and alterations to the website


The Provider reserves the right to update, alter or delete the information contained on the website, and the configuration or presentation of the same, at any time, with no advance notification and any type of liability for doing so.

Intellectual and Industrial Property


The website, including, but not limited to the programming, editing, compilation of the same and other elements required for the same to function, sketches, logos, text and/or graphics are the property of the provider. The entire content of the website is duly protected under the intellectual and industrial property standard, in addition to being registered in the corresponding public records.

Regardless of the purpose for which the same are intended, the total or partial reproduction, use, exploitation, distribution and sale of the same shall require the prior, written authorisation of the provider. Any use which has not been authorised by the provider shall be regarded a severe non-compliance with the author´s intellectual and industrial property rights.

All sketches, logos, text and/or graphics appearing on the site and alien to the provider belong to their respective owners, the latter being liable for any controversy in connection with the same.

All comments in relation to possible failure to comply with intellectual or industrial property rights, in addition to any of the website content, should be sent to the following e-mail address: customer@simasa.com .

Security Measures


We use the security levels in relation to the protection of personal data required under the current legislation, and all technical and organisational means and measures have been implemented in order to prevent the loss, misuse, alteration, unauthorised access and theft of the same. Nevertheless, users should be aware that Internet security measures are not infallible.

Applicable legislation and jurisdiction


In general, relations with users arising from the provision of our activities and services contained on the website shall be subject to Spanish laws and jurisdiction. The users of the site are aware of all the above and accept the same voluntarily.

General Purchase Conditions


The contractual document ruling on the purchase of products via the www.simasa.com website belonging to Sociedad Industrial de Maquinaria Andaluza, S.A (SIMA) (the Provider) is reproduced below. Acceptance of this document presupposes the user:

  1. Has read and fully understood the terms of the same.
  2. Is a person capable of purchasing.
  3. Will comply with all the obligations contained herein.

These conditions shall be valid for an indefinite period of time and shall apply to all purchases made via the provider´s website www.simasa.com

The Provider reserves the right to unilaterally alter the said conditions, whereby goods or promotions acquired prior to the alteration shall not be affected.

Identity of the Parties


On the one side, the provider of the goods purchased by the user, Sociedad Industrial de Maquinaria Andaluza, S.A, holder of tax ID (C.I.F) N° A18024919, based at Poligono Juncaril, CL Albuñol, P 250 Albolote (Granada), 18220 Spain.

And on the other, the user, registered on the website under e-mail address and password, assuming full responsibility for the use and custody of the same, and liable for the veracity of the personal data supplied to the Provider.

Purpose


The purpose of this agreement is to regulate the contractual purchase and sale relationship existing between the provider and the user at the time the latter accepts the corresponding box during the online purchasing process.

The contractual purchase and sale relationship involves the delivery of a specific product or service in exchange for a certain price published on the website.

Purchase Procedure


The purchase procedure shall be conducted in English. In the event a language other than those indicted may be used, the user will be notified of the same prior to commencing the purchase process.

Users are required to create a user account on the website in order to be able to purchase the products offered by the Provider. As such the user should freely and voluntarily supply the personal data needed.

The user will select a user e-mail address and password, undertaking to use the same in a diligent manner and not to supplying the same to third parties, in addition to notifying the provider of the loss or theft of the same or possible access by an unauthorised third party to enable the provider to block the account.

We recommend all passwords contain at least six characters and are not consecutive or repetitive.

Users may not select a user name containing words intended to confuse others in relation to the same being a member of the provider, in addition to offensive and insulting expressions and those in breach of the law or requirements of morality and good customs.

Once the user account has been created, and in accordance with the terms of Article 27 of Law 34/2002 ruling on the Services of Electronic Information and Commerce Companies, the purchase process is broken down into the following steps:

  1. Select the product or products and add them to the shopping basket
  2. Fill in the personal and delivery data
  3. Confirm the delivery address
  4. Confirm the purchase of the product
  5. Select the form of payment

The Provider´s purchasing platform will always send users an e-mail containing all the information in relation to price, transportation, purchase date, and estimated delivery date once the purchase process has been concluded.

Delevery of Orders


Orders will be delivered to the address provided by the user. As such, the provider shall not be held liable for products which are not delivered due to the date supplied by the user being false, inaccurate or incomplete or when products are not delivered due to causes which are not attributable to the delivery firm assigned for the purpose, such as the absence of the addressee.

Without prejudice to the above, the Provider shall adopt the measures required of a diligent trader as a means of ensuring deliveries are made on time or as quickly as possible in order to satisfy both the sender and addressee, and in relation to which the provider will not assume any liability whatsoever.

PRECIO Y PLAZO DE VALIDEZ DE LA OFERTA


The prices illustrated for each product include value added tax (VAT) or other applicable taxes, and are stated in Euros (€) for eurozone member countries, and in pounds (£) for the United Kingdom. These prices, except where expressly otherwise, do not include costs in relation to delivery, handling, packaging, insurance, or any other additional services in connection with the purchased product.

The prices for each product shall be those published on the website and automatically applied to the purchase process during the final stage of the same.  The customer accepts that the financial value of certain products may vary in real time.  In any case, users will always be informed of the above.

All payments made to the Provider will result in the issuance of an invoice made out to the registered user. This invoice will be automatically sent to the e-mail address supplied by the user, and delivered together with the purchased product.

Users may e-mail  customer@simasa.com to request information on their orders.   Messages sent to the provider should always include the product order number included in the e-mail confirming the purchase.

Right of Withdrawal


Users shall have 7 days from the date on which the product is delivered to return the same. All products should be returned in their original packaging and in perfect condition.

We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

Applicable Law and Jurisdiction


The parties, the provider and the user, hereby agree that all which is not expressly defined in these conditions shall be governed and interpreted in accordance with the laws of Spain. Any dispute in connection with this website or the activities included on the same shall be settled in the courts of the city of Granada.

In the event any of the provisions of these General Terms of Use should be declared null and void in accordance with the applicable legislation or as a result of a judicial or administrative order, the remaining provisions shall not be affected and shall remain in force. In such cases, the Provider should amend or replace the said provision with a new and valid provision, which, to the extent possible, achieves the purpose and intent of the original provision.