Ibercool Water Blocks Online Shop General Terms of Services

These General Terms of Services regulate the use of the website www.ibercool.com which Ibercool Water Blocks limited company –from now on Ibercool- is owner. Ibercool is a limited company established in N-IV, km 555, Dos Hermanas (ZC 41703), Seville, Spain; CIF number: B-91963561 and registered in the Seville´s Companies Registry Office, SE-92467, Volume 5490, Page 149, Inscription 1, been its commercial trademark Ibercool Water Blocks. Ibercool declares that the utilization of the services or the purchase of products in www.ibercool.com supposes the acceptance of the following Terms of Services.

1. General

(a) These terms and conditions supersede any prior representations, understandings or agreements between the customer and Ibercool.

(b) The customer is a person of legal age and able to contract.

(c) The customer have read and accepted the general conditions.

These general conditions (from now on "General Terms") regulate the legal relationship that arises from the processes performed by the users/clients (from now on "customers") on the website www.ibercool.com. Customers accept the General Terms from the moment they use or purchase any product. This document can be printed and stored by customers. Ibercool makes available to them the contact details of Ibercool and the e-mail address (support@ibercool.com), so they can ask any questions about the General Terms.

2. The account and representations

The customer declares that all information provided to Ibercool through website www.ibercool.com is true, accurate and sufficient to fulfill the order. Ibercool reserves the right to refuse to serve, remove or edit content, or cancel orders at its own discretion with no previous notice. Ibercool reserves the right to take legal actions against anyone who commit or attempt to commit online fraud on www.ibercool.com. The relationship between the customer and Ibercool must be buyer/potential buyer and seller/potential seller. This Agreement does not create any other relationship, as an agency or company. The customer states that assumes no warranty, commitment or any other obligation in the name of Ibercool.

3. Applicable laws

These General Terms, according to the actual Spanish Legislation, are subject to the Law 7/1988, April 13, about general contractual terms of conditions, to the Law 26/1984, July 19, about the defense of users and customers, to Royal Decree-Law 1906/1999, December 17, which regulates the electronic and phone contracts, to the Organic Law 15/1999, December 13, protection of personal data files, to the Law 7/1996, January 15, about the retailers ordination, and the law 34/2002, July 11, of Society of Information Services and Electronic Commerce.

4. Modification of the General Terms

Ibercool reserves the right to make unannounced changes in the General Terms, may change, add or delete any of the epigraphs contained in this document.

5. Guarantee

Ibercool products are guaranteed against defects in materials or workmanship for a period of 2 years from the date of the delivery to the user. During this period, the product would be repaired or replaced with an equivalent product at our discretion, provided that:

-The product is returned to the agent from whom the customer acquired it.

-The product was purchased by an end user and not used for commercial purposes.

-The product has not been subject to misuse or manipulation.

-The product has not been used for a purpose which is not in accordance with the instructions provided.

This guarantee does not confer more rights than those expressly provided above and does not cover claims for  loss or damage. This guarantee is offered as an extra benefit and does not affect your rights as a consumer. Using aggressive UV additives for coolant void the guarantee. Any over tighten and damage to the product will void the guarantee.

6. Intellectual property rights

Based on the rights of industrial and intellectual property, Ibercool has guaranteed the protection of trademarks, trade names, content, design and all information available on the website.

The user will not be allowed to any form of exploitation of the elements mentioned in the previous section without the consent of Ibercool.

Ibercool IS NOT responsible of the inappropriate use by third parties on the website or the information they diffuse through it.

7. Products

All products supplied or held for sale through the website www.ibercool.com (from now on, “products”) are subject to availability.

All products offered by Ibercool will be provided with as much information as be possible, formed by objective facts and including the views of manufacturers. The statements, recommendations and opinions of others do not constitute a guarantee or warning. Products stock status indicators and images of them present in the website www.ibercool.com will be taken as merely informative and not as an obligation of availability or status. Ibercool reserves the right to withdraw any product from sale without previous notice at any time.

8. Orders and pending orders estimated delivery time

The customer can place orders on the website www.ibercool.com. Such orders are subject to acceptance by Ibercool and in accordance with these General Terms.

The placing of an order or sending an email does not represent acceptance or confirmation from Ibercool of that order. Once Ibercool receive the order, the company will process the customer payment and will check the stock availability of the products in question.

In case of the impossibility to supply such goods, the customer shall be informed within the period of 7 days if the product becomes available. Otherwise, after 7 days Ibercool will repay the amount of the order.

The delivery of the product to the customer supposes the acceptance of the order by Ibercool and the end of the contract between both parts, unless the cancel of the order or if Ibercool notifies the contrary.

If for any reason there are discrepancies in the stock of different products in the order, the delivery of those products that are available will be realized, leaving pending the rest of the order.

Ibercool reserves the right to suspend the supply of goods at any time, without previous notice. Ibercool reserves the right to send replacement products (as close as possible to the original product) if necessary.

Ibercool will try to complete by all available means all those pending orders within estimated time. However, Ibercool won’t be responsible for any loss due to any delay.

9. Prices, terms of payment and bank transfers

- The prices of products and services offered by Ibercool were fixed respect to the market and under cost policies carried out by the organization. Thus assuming two types of prices, those destined to distributors and those destined to the ultimate consumer. Currently Ibercool reserves the right to make any kind of discount on the price by quantity of product, notwithstanding any applicable discount rate will be posted on the website.

- Payment will be made by the means provided in the website. Any act or attempt of fraudulent use of the system will have legal consequences for the responsible user. Payment may be made with either credit card or bank transfer.

10. Shipment and risks

Ibercool reserves the right to dispose of 30 days after the date of order acceptance to reclaim the goods in the manner Ibercool determines.

The risk of loss or damage to the goods will be responsibility of the customer at the moment of delivery or receipt by the same, or any carrier specified by the customer.

Ibercool will realize reasonable efforts to ensure that the products would be delivered to the customer in the dates scheduled. However, Ibercool will never be responsible of any damage caused by the delay or non- delivery of products.

The delivery address specified by the customer and accepted by Ibercool must be valid and physical. All expenditure incurred by the modification of the delivery address once the order is sent will be charged to the customer.

Ibercool reserves the right, at its discretion, to not send an order to certain addresses. In this case, the customer would be notified by email and the company will proceed to refund any amount charged by the order.

Unless the existence of a previous written agreement with Ibercool, the client must not refuse or not receive the delivery of the goods in part or complete. Any risk of loss or damage to the products shall pass, without any prejudice to any other rights held by Ibercool, to the client, and Ibercool reserves the right to take all possible legal action against the customer for breach of contract and claim all expenses incurred by Ibercool caused by such actions.

11. International shipments, Foreign Currencies

International shipments will follow the same procedure as nationals, with the exception that the company will be not responsible for the cost of customs duties, being increased the total cost of the shipments outside the European Union. In respect of shipments within the European Union the customer will only pay the cost of the product and the transportation.

Given the uncertainty, higher transaction costs and lack of transparency that foreign currencies generate, Ibercool reserves the right to charge the customer in euros (official currency of the European Union).

12. Return policy and surcharges

Ibercool return policy is based in accordance with current legislations. The product can be returned for any reason, within 14 calendar days from the reception of the goods by the customer. For this, the following conditions must be satisfied.

Terms of returns for private clients

  • The Return of the following items will not be accepted, as established by Royal Legislative Decree 1/2007, 16 November, in which is approved the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
    1. The supply of goods made according to the consumer's specifications or clearly personalized.
    2. The supply of goods that could deteriorate or expire rapidly.
    3. The supply of sealed goods which are not suitable to be returned for reasons of protection of health or hygiene and which were unsealed after delivery.
    4. The supply of goods that after delivery and given their nature are inseparably mixed with other goods.
  • All merchandise must be returned in its original packaging with all accessories inside, in perfect condition and protected, preventing stickers, seals or adhesive directly onto the surface or the item package. Otherwise Ibercool reserves the right to refuse the return.
  • Once completed and submitted the returning form the customer would receive the necessary instructions to complete de devolution. The customer must send the goods without any delay, not later than 14 days after stating the desire to make the devolution.
  • Shipping costs incurred in the return will be the customer’s responsibility.
  • The customers are free to choose and find the agency that best suits their needs and offer them the most competitive rates.
  • After the reception of the merchandise and once checked, the refund will be processed. Ibercool will refund the payment received from the customer , including the delivery charge except for the additional costs resulted from the choice by the customer of a different mode of delivery (If this choice is more expensive than the cheapest mode offered by Ibercool) . Ibercool will make the amount of the payment no later than 14 calendar days.
  • Until Ibercool have received the goods the company will hold the refund.

13. Cause of force majeure

Ibercool is not responsible for any delay or failure of any of the company obligations outcomes of facts or circumstances beyond the reasonable control, including but not limited to, strikes, lockouts, accidents, war, fire, failure of any communication system, telecommunications or computer system, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply etc.

14. Product Installation

Ibercool products are designed to be installed by an expert user. Please consult a qualified technician for installation. Improper installation of the product may cause irreversible damage to your computer. Ibercool assumes no responsibility, express or implied, of the use of its products or its installation. The customer has the duty of reading the instructions provided in those products that include its, always before to the product installation. Ibercool recommends testing the products away from electronic components at least 24 hours of operation, checking the tightness of the product before the final assembly.

15. Privacy and data protection

By delivering the e-mail address or any other personal data required for the contract of certain services, the Customer gives permission for such addresses to be processed and used to send commercial communications, promotion and publicity of services and products offered by Ibercool. Ibercool make available to the customer the email address privacy@ibercool.com, so that they can revoke their consent.

Ibercool declares that satisfy current data protection legislation, in particular the Law 15 /1999 December 13, Protection of Personal Data and Royal Decree 994/199, 11 June.

16. Exclusion of guarantees, Limitation of Responsibility and Invalidations

The guarantee may be voided by the following causes:

  • Incorrect use, handling or maintenance of the purchased product by the Customer.
  • Burned Components by electrical or current overloads.
  • The use of aggressive additives for UV coolant.
  • Broken or damaged components subjected to impact.
  • Improper repair, modification or extension of a product by the customer.
  • Deterioration, disposal or concealment by the client of Ibercool assurance label.
  • In short, any damaged material or with obvious signs of improper handling will not be accepted.

17. Nullity and inefficacy of the Terms

If any clause in these Terms is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only to the part that is invalid or ineffectual, subsisting any other General Terms in everything else.