GENERAL TERMS AND CONDITIONS OF SALE
https://baterias.com
1. GENERAL INFORMATION
The ownership of the website https://baterias.com (hereinafter, the “Website”) belongs to Kronotech Solutions S.L. (hereinafter, the “Company”), a limited liability company with registered office at C/ Croacia 6 29004 (Málaga), Spain, holding Tax ID (NIF): ES B93669653 and registered with the Commercial Registry of Málaga, Volume 5813, Book 4720, Folio 41, Section 8, Sheet MA-149388, 1st Entry.
Contact details:
Phone: +34 951 870 157
Email: info@baterias.com
The main activity carried out through the Website consists of the marketing and distribution of batteries, accumulators and automotive spare parts, as well as other related products and services (hereinafter, the “Products”).
This document (together with the other policies and legal notices available on the Website, including the Legal Notice, the General Terms of Use, the Privacy Policy and the Cookie Policy) governs the terms applicable to access, browsing and use of the Website, as well as the acquisition of Products or services through it (hereinafter, the “Terms”).
By accessing, browsing and/or using this Website, or by placing an order or request to acquire Products and/or services through it, the user (hereinafter, the “User”) declares to have read and fully accepted these Terms and the other aforementioned policies. If the User does not agree with all or part of them, the User must refrain from using the Website.
Kronotech Solutions S.L. reserves the right to modify and update these Terms at any time, without this affecting orders already confirmed. It will be the sole responsibility of the User to review the Terms in force at each moment of access to and use of the Website, it being understood that those Terms published and accessible at the time the purchase is formalized will apply.
For any query or clarification related to these Terms, the User may contact Kronotech Solutions S.L. through the contact details indicated above, or through the contact form available on the Website.
2. THE USER
Access to, browsing of and use of the Website confers the status of user (hereinafter, the “User”), implying, from that moment on, full, express and unreserved acceptance of all the Terms established herein, as well as any amendments or updates thereto that may be published in the future, without prejudice to the application of the mandatory legal provisions in each case.
The User assumes responsibility for making correct and diligent use of the Website, expressly undertaking to:
- Use the Website solely to make legally valid inquiries or purchases.
- Refrain from placing false, fraudulent or speculative orders. Should such conduct be detected, Kronotech Solutions S.L. reserves the right to cancel the order, close the User's account and report the matter to the competent authorities.
- Provide truthful, up-to-date and lawful identification and contact details (email, postal address, telephone number, etc.), the User being solely responsible for any inaccuracy or falsity thereof and for any damages or losses this may cause to the company or to third parties.
The User declares to be over 18 years of age and to have sufficient legal capacity to enter into purchase agreements through the Website, assuming full responsibility for the transactions carried out on their own behalf or on behalf of third parties, with their consent.
The Website is primarily aimed at Users resident in Spain and the European Union. Kronotech Solutions S.L. does not guarantee that the content of the Website complies in whole or in part with the laws of other countries, nor that the Products can be shipped, installed or used outside Spain or the EU. Any access or use from other territories shall be carried out at the User's sole responsibility, releasing the company from any liability arising from such access.
The User may enter into purchase agreements with baterias.com in any of the languages in which these Terms are available on the Website. However, in the event of a discrepancy in interpretation between different language versions, the Spanish (Castilian) version shall always prevail, unless otherwise required by mandatory provision.
3. PURCHASE OR ACQUISITION PROCESS
Users may purchase products and/or services through the Website by following the purchase procedure established at each time. Said procedure will allow one or several products to be selected and added to the virtual shopping cart, after which the User must complete the requested details and proceed to payment through the enabled means.
During the process, the User will have the possibility to review, modify or correct errors in the data entered before confirming the purchase. Once the process has been completed, no modifications may be made without the express authorization of baterias.com.
After completing the purchase, the User will receive a confirmation email stating that the order request has been correctly received. Subsequently, the User will receive a second email confirming the shipment of the order, where applicable. This information may likewise be available in the User's personal area within the Website.
The User expressly consents that, once the purchase process has been completed, the Website will generate an electronic invoice, which will be sent to the email address provided by the User. The User may request a paper copy at any time, at no additional cost, through the contact means provided in this document.
The User declares to know and accept, at the time of purchase, the specific sale conditions applicable to each product or service, which are shown alongside its description on the Website, including, by way of example: name, price, technical characteristics, components, weight, quantity, color, method of use, warranty conditions and, where applicable, additional costs. The act of purchasing implies full and unreserved acceptance of said specific conditions.
Unless expressly indicated otherwise, baterias.com is not the manufacturer of the products marketed. Consequently, the company assumes no liability for any differences that may exist between the information provided on the Website and that provided directly by the manufacturer on the labeling, instruction manual or product documentation. The User is responsible for carefully reading such information before using or installing the purchased product.
In the event that the information shown on the Website regarding a product proves to be materially incorrect, incomplete or outdated, the User shall be entitled to request the return of the purchased product and the full refund of the amount paid, without this giving rise to a right to any additional compensation.
The availability of products is subject to stock and may vary depending on demand. In the event of unavailability, the provisions of the corresponding clause of these Terms shall apply.
4. AVAILABILITY
All purchase orders placed through the Website are subject to the actual availability of the products at the time the order is prepared, as well as to the absence of causes of force majeure or incidents beyond baterias.com's control that prevent their supply.
In the event of a lack of stock, impossibility of supply or cancellation for any justified reason, baterias.com undertakes to inform the User as promptly as possible and to refund the amounts paid within a maximum period of 14 calendar days, unless the User expressly accepts an alternative solution.
In order to avoid unnecessary delays and ensure continuity of service, baterias.com may, at its discretion, supply a product of equivalent or superior characteristics, provided the same essential functionality is maintained. Should the User be dissatisfied with the replacement product, the User may request its collection at no additional cost, whereupon the full amount paid shall be refunded, without this giving rise to a right to any additional compensation.
Likewise, baterias.com reserves the right to cancel confirmed orders in the following cases:
- Evident typographical or system errors in the prices, descriptions or characteristics published
- Orders which, due to their characteristics, are clearly fraudulent or abusive.
- Technical or logistical incidents that make correct delivery impossible under safe conditions.
In any of the above cases, the liability of baterias.com shall be limited solely and exclusively to the refund of the amounts actually paid by the User, with no additional compensation payable for damages, losses or consequential harm.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in euros (€), and include the taxes legally applicable (VAT or others that may apply within the EU), unless otherwise expressly indicated as required by applicable regulations.
Unless otherwise indicated, the published prices do not include shipping, handling, installation or other additional service costs, which will be calculated and shown to the User before confirmation of the order. The User may, in any case, freely review and select among the available shipping methods.
The Website will not automatically add any additional costs. Only the items expressly and voluntarily selected by the User during the purchase process will be charged.
5.1. Price variations
Prices may be modified at any time. However, such modifications will not affect orders already confirmed by email, unless there is a manifest computer, typographical or technical error in the published price. In such cases, baterias.com reserves the right to cancel the order and fully refund the User the amounts paid, with no additional compensation payable.
5.2. Accepted payment methods
The payment methods available on the Website are:
- Credit or debit card
- PayPal
- Bank transfer
- Bizum
- Cash on delivery (cash at the time of delivery)
All payments are processed through secure, encrypted (SSL) platforms.
5.3. Checks and authorizations
Credit/debit cards are subject to validity checks and authorizations by the issuing entity. In the event of refusal, the order shall be deemed not to have been placed, and baterias.com shall assume no liability for any delays or inability to deliver arising from such circumstance.
In card transactions, a pre-authorization may be carried out on the User's account in order to guarantee the availability of funds. The actual charge will only be made once the order is ready for shipment.
In the case of PayPal, the charge will be made at the time the order is confirmed.
By confirming the purchase, the User declares to be the legitimate holder of the payment method used.
5.4. Bank transfer
Orders paid by bank transfer do not entail a reservation of stock until the full amount has been received and confirmed in the bank account indicated when placing the order, after deducting, where applicable, any fee charged by the issuing or receiving entity.
Product availability will be checked only at the time the full payment is received. Consequently, making the transfer does not guarantee the reservation or subsequent delivery of the selected items if, at that time, there is insufficient stock.
The User is solely responsible for:
- Correctly entering the account number, the order reference and the exact amount.
- Bearing any expense or bank fee arising from the transfer.
In the event of an error in the transfer details, incomplete payment or lack of product availability at the time the payment is confirmed, the order will be automatically cancelled and the amount received will be refunded, with no additional compensation payable. For orders cancelled due to incomplete payment, the company reserves the right to deduct the costs arising from the refund of the amount.
5.5. Cash on delivery
For orders paid by cash on delivery:
- Payment must be made exclusively in cash at the time of delivery.
- The User undertakes to hand over to the carrier the exact amount, the carrier not being obliged to provide change.
- The company may contact the User beforehand to validate the order before it is prepared and shipped.
- Refunds for returns will be made exclusively by bank transfer, within a maximum period of 14 days from receipt of the return, deducting, where applicable, the fees arising from the transfer.
baterias.com expressly reserves the right to refuse future cash-on-delivery orders from Users who have previously failed to comply with their payment or goods-receipt obligations.
6. DELIVERY
6.1. Delivery times
Except in unforeseen or extraordinary circumstances (including, by way of example, stock shortages, logistical incidents, force majeure or product customization), confirmed orders will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from confirmation of the order, unless a different date is expressly communicated and accepted by the User.
Shipments are made only on business days (Monday to Friday, excluding public holidays in the place of dispatch). This may cause variations in the stated delivery times.
6.2. Delays attributable to the company
If baterias.com is unable to meet the delivery date for reasons attributable to the company (excluding transport incidents or external causes), it will contact the User to inform them and offer:
- a new delivery date, or
- cancellation of the order with a full refund of the amount paid.
No additional compensation for delay will be granted except for orders expressly contracted with an express service that are not delivered within the agreed period, in which case only the difference between the express service and the standard service will be refunded.
6.3. Failed delivery
If delivery is not possible due to the User's absence, the order may be deposited at the transport company's local branch or returned to the warehouse. The carrier will leave a notice with instructions for the new delivery.
If 30 days elapse from the time the order is available for delivery without the User having received it for reasons not attributable to baterias.com, the User will be deemed to have withdrawn from the contract. In such case, the amount paid will be refunded, deducting the additional transport, handling and return costs incurred.
6.4. Transfer of risk and ownership
Delivery is deemed to have taken place at the moment the User, or a third party authorized by the User, takes material possession of the products, which shall be evidenced by the signature of the delivery note.
The risks of loss, damage or deterioration of the products shall pass to the User from that moment. Ownership of the products is only acquired once baterias.com has received payment in full, including shipping costs, unless delivery takes place after payment.
6.5. Substitution due to lack of stock
If the product purchased is unavailable, baterias.com may, at its discretion, replace it with another of equivalent or superior technical characteristics and the same dimensions, guaranteeing functionality. If the User does not agree with the replacement, they may request free collection of the product and a full refund of the amount paid, with no right to additional compensation.
6.6. Inspection of goods and claims for transport damage
The User must inspect the goods at the time of delivery and record any visible damage on the carrier's delivery note.
- For parcel shipments, inspection must be carried out at the time of delivery.
- For palletized industrial goods, claims for breakage must be notified within a maximum period of 24 hours of receipt.
Once these time limits have elapsed, no claims for damage attributable to transport will be accepted.
6.7. Taxation
The applicable VAT rate shall be the one in force at any given time, depending on the nature of the product and the place of destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
7.1. Correction of errors
The User is informed that, should errors be detected in the data entered to process their order through the Website, they may correct them using:
- The shopping cart or basket itself, where the User may review and modify the selected products and the data entered before confirming the order,
- Access to their personal customer area, if registered, or
- The contact channels with baterias.com available on the Website (contact form, customer service, or the contact details indicated in the first clause – General Information).
7.2. Error in confirmed orders
Once the order has been confirmed and the confirmation email received, any error in the data provided (for example: delivery address, payment method, billing details) must be reported immediately by the User through the contact means indicated.
baterias.com shall not be liable for damages arising from errors not reported in time or from incorrect data entered by the User. Likewise, any additional cost arising from such errors (for example, reshipments, transport costs, administrative or return-related procedures) may be charged to the User.
7.3. Right to Rectification
In any case, the User has the option of exercising their right to rectification of personal data pursuant to Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights, through the channels indicated in the Website's Privacy Policy.
7.4. Ultimate Responsibility
The ultimate responsibility for checking, reviewing and validating that the data entered during the purchasing process is correct lies exclusively with the User.
8. RETURNS
8.1. Right of Withdrawal
The User, as a consumer and user, has the right to withdraw from the purchase made on the Website within a period of 14 calendar days counted from:
- The material receipt of the goods by the User or by a third party designated by them, other than the carrier.
- In the case of orders composed of several goods delivered separately, from the receipt of the last of them.
- In the case of services, from the date the contract was concluded.
To exercise the right of withdrawal, the User must notify their decision clearly and unequivocally through the contact means available on the Website (including the model form available at https://baterias.com/contactenos). Use of the form is not mandatory.
The refund shall comprise the price of the product. The refund shall be made using the same payment method used for the purchase, within a maximum period of 14 days from the date baterias.com receives the notice, and may be withheld until the products have been received and inspected at our facilities.
Products subject to return must be delivered in perfect condition, unused and uninstalled, complete, in their original packaging and accompanied by all accessories, manuals and instructions.
As a general rule, the User shall bear the direct costs of return (transport, handling and delivery).
However, in cases where baterias.com expressly offers free collection of the product and the User accepts that option (applicable only to items shipped to mainland Spain via standard parcel services), the return costs shall be understood to be the same shipping costs paid on the original order, which shall not be refunded.
Exceptions to withdrawal, among others:
- Products that are personalized or made to the User's specifications.
- Goods that may deteriorate or expire quickly.
- Sealed goods which are not suitable for return due to health or hygiene reasons and were unsealed after delivery.
- Sealed sound or video recordings or sealed computer software which were unsealed after delivery.
- Products that have been installed, connected, used or handled beyond mere opening and inspection.
No refund shall be made if the products are not returned in the same condition in which they were delivered or show damage attributable to the User.
8.2. Return of defective products or shipping error
In the event of a defective product, lack of conformity or shipping error, the User must report it to baterias.com immediately.
An address will be provided to which the product should be sent for inspection. However, baterias.com may offer the option of collecting the product upon payment of a deposit. Said payment will be refunded in full if it is confirmed that the product has a defect covered by the warranty, or will be deducted from the total costs otherwise.
Once the product has been received, it will be examined by the technical service. If it is confirmed that the product has a defect or fault covered by the warranty, the User shall be entitled to replacement of the product with a new, identical, equivalent or superior product.
If, following review, it is determined that the product conforms, the return shall not proceed and the User shall bear the costs arising from transport, review and reshipment.
8.3. Warranties
All products sold on this Website carry the legal warranty of the European Union.
A product shall be deemed conforming if:
- It conforms to the description provided on the Website.
- It is fit for the ordinary purposes of products of the same type.
- It has the quality and performance reasonably to be expected.
Warranty exclusions, among others:
- Damage caused by improper use, incorrect installation or lack of maintenance.
- Normal wear and tear from use.
- Handling, opening or repair by unauthorized third parties.
- In the specific case of batteries, keeping a battery discharged below 12.4V initiates a sulphation process that irreversibly reduces its performance, which does not constitute a manufacturing defect. Batteries received with a voltage below 12V will not be honored under warranty.
9. EXCLUSION OF LIABILITY
Unless the law expressly provides otherwise, baterias.com shall in no case be liable for the following circumstances, whatever their origin or basis:
9.1. Losses not directly attributable to baterias.com
- Any losses or damages that are not attributable to a direct and demonstrable breach of contract by baterias.com.
- Losses of a business nature, including without limitation: loss of profit, loss of revenue or contracts, loss of anticipated savings, loss of data, loss of goodwill or clientele, or unnecessary expenses incurred.
- Any other indirect, consequential, incidental loss, or loss that was not reasonably foreseeable at the time the sales contract was concluded.
9.2. Specific limitations of liability
- Minor differences in product representation: baterias.com takes all necessary measures to ensure that the information, description and images of the products faithfully reflect reality. However, it shall not be liable for slight variations that may be due to screen resolutions, browser settings, technical updates to products, or differences in packaging supplied by manufacturers.
- Transport and logistics: baterias.com delivers products to the carrier with the utmost diligence. Once delivered to the carrier, it shall not be liable for delays, damage, loss or theft attributable to the carrier, particularly in situations of strikes, hold-ups, logistical incidents or other circumstances inherent to the transport sector.
- Technical failures: no liability is assumed for interruptions of the internet service, temporary unavailability of the Website due to maintenance reasons, computer errors, viruses, cyberattacks or any other technical failure that prevents or limits access to, or the proper functioning of, the platform.
- Misuse or wear and tear: baterias.com shall not be held liable for damages, losses or claims arising from improper, negligent or unintended use of the products purchased, nor for natural wear and tear resulting from their ordinary use.
- Incorrect returns: it is the User's sole responsibility to ensure that the correct product is returned, under the conditions established in these Terms and Conditions. baterias.com shall not be liable for erroneous returns made by the User.
9.3. Force majeure
baterias.com shall not be liable for any failure or delay in the performance of its contractual obligations where this results from causes beyond its reasonable control constituting force majeure, including, by way of illustration and not limitation:
- Strikes, lockouts or other industrial action.
- Civil commotion, riots, acts of terrorism, declared or undeclared war, threat of or preparation for war, invasions or uprisings.
- Natural disasters such as fires, explosions, floods, storms, earthquakes, subsidence, epidemics, pandemics or any other contingency of similar severity.
- Impossibility of using public or private transport (trains, aircraft, ships, lorries, etc.).
- Impossibility of using public or private telecommunications networks.
- Acts, regulations, provisions or restrictions imposed by any public or governmental authority.
In such cases, baterias.com's obligations shall be suspended for the duration of the force majeure event, with the performance deadlines being extended by a period equivalent to the duration of such cause.
baterias.com undertakes to take all reasonable and proportionate measures to resume performance of its obligations once the force majeure event has ended.
9.4. Maximum liability
In any event, the maximum liability assumed by baterias.com towards the User shall be strictly limited to the total amount actually paid for the order or product that is the subject of the claim.
Under no circumstances may baterias.com be required to pay additional compensation, punitive damages or indemnities exceeding the direct economic value of the transaction carried out.
10. WRITTEN COMMUNICATIONS AND NOTICES
10.1. Accepted means of communication
The User expressly accepts that most communications, notices and information arising from the contractual relationship with baterias.com will be carried out by electronic means, in particular by e-mail or notices published on the Website.
For legal purposes, the User acknowledges that such electronic means satisfy the legal requirement of communication in writing, producing the same legal effects as a communication on paper, in accordance with the applicable regulations.
10.2. Addresses enabled for notices
The User may send any communication or notice to baterias.com using exclusively the contact details provided in clause one (General Information) or, where applicable, the contact channels made available on the Website.
Unless expressly provided otherwise, any communication addressed to baterias.com shall only be deemed to have been correctly made once it has actually been received and confirmed by the company.
10.3. Notices addressed to the User
baterias.com may send communications and notices to the User at the e-mail address or, failing that, at the postal address provided during the purchase process.
The User shall be responsible for ensuring that the contact details provided are truthful, current and fully operational. The company shall assume no liability whatsoever for the consequences arising from inaccurate or outdated details provided by the User.
10.4. Validity of electronic notices
Unless proven otherwise, it shall be understood that:
- A notice sent by e-mail has been received on the same day it was sent if it was sent before 6:00 p.m.
- If sent after that time, it shall be deemed received on the next business day.
- In the case of notices published on the Website, the User shall be deemed notified on the date of access to their personal account or, in any event, 5 days after publication.
10.5. Language of communications
Communications with the User shall be conducted in Spanish or in the language selected by the User from among those available on the Website at the time the purchase is completed.
10.6. Exclusion of unofficial channels
Any communication made through channels other than those expressly indicated in these Terms and Conditions (such as WhatsApp, social media, SMS text messages or unofficial instant messaging applications) shall not be considered valid for contractual purposes.
baterias.com shall not be obliged to attend to or respond to communications sent through such channels, nor shall it assume any liability for information, promises or commitments that may be conveyed through them, except where expressly and formally confirmed in writing through the official channels established.
11. WAIVER
11.1. The failure by baterias.com to require strict compliance by the User with any of the obligations assumed under these Terms and Conditions, or the failure by baterias.com to exercise any rights or actions that may correspond to it under these Terms or under a contract, shall not under any circumstances constitute a waiver of such rights or actions, nor shall it release the User from compliance with their obligations.
11.2. No waiver by baterias.com of any specific right or action arising from these Terms and Conditions or from a contract shall be valid unless expressly formalised in writing, signed by a duly authorised legal representative and communicated to the User through the notification means provided for in these Terms and Conditions.
11.3. Should such waiver occur, it shall not extend to other rights or actions other than those expressly waived, nor shall it affect the validity of the remaining obligations assumed by the User.
12. PARTIAL INVALIDITY / SEVERABILITY
12.1. If any of these Terms and Conditions were declared null, invalid or unenforceable, in whole or in part, by a final decision of a competent judicial or administrative authority, such nullity shall not affect the validity and enforceability of the remaining Terms and Conditions, which shall remain fully in force and effective.
12.2. In such case, the affected clause or provision shall be replaced by another which, insofar as possible, has an effect equivalent to the economic and legal purpose of the original clause, in compliance with the applicable regulations and guaranteeing the greatest possible degree of protection of the legitimate interests of baterias.com.
12.3. The fact that any provision is deemed invalid, null or unenforceable in one country or jurisdiction shall not affect its validity in other jurisdictions where it is legally enforceable.
13. ENTIRE AGREEMENT
13.1. These Terms and Conditions, together with the Legal Notice, the Privacy Policy, the Cookies Policy and any other documents expressly referred to, constitute the entire and complete agreement between the User and baterias.com in relation to the purchase or acquisition of products and services, and supersede any other prior agreement, arrangement, negotiation or promise, whether verbal or written, between the parties.
13.2. The User and baterias.com acknowledge and accept that the conclusion of the contract has not been based on any representations, statements, undertakings or warranties other than those expressly set out in these Terms and Conditions or in the aforementioned documents.
13.3. Neither party may rely on any representations, statements or promises other than those included in these Terms and Conditions as grounds for claiming rights or actions, except where mandatory applicable legislation so requires.
14. DATA PROTECTION / PRIVACY
14.1. Data controller
The personal data that the User provides during browsing, registration, the purchase process or communication with baterias.com will be processed by Kronotech Solutions S.L. (NIF: ES B93669653), with registered address at C/ Croacia, 6 29004 (Málaga), Spain, in its capacity as Data Controller.
14.2. Purpose of processing
The data may be used for:
- Processing, managing, invoicing and shipping orders placed through the Website.
- Compliance with legal, accounting, tax and warranty obligations.
- Handling queries, incidents or claims from the User.
- Sending commercial communications related to products or services of baterias.com, as well as of companies within the same corporate group or trusted partner companies.
14.3. Legal basis for processing
The processing is based on:
- The performance of the contract of sale or provision of services.
- Compliance with legal obligations (tax, accounting, consumer-related, etc.).
- The express consent of the User in cases where it is necessary (for example, commercial communications).
- The legitimate interest of baterias.com in improving its services, preventing fraud and ensuring the security of the Website.
14.4. Recipients of the data
The data may be disclosed to:
- Financial institutions for the management of collections and payments.
- Courier and logistics companies responsible for the transport and delivery of products.
- Public Administrations in compliance with legal obligations.
- Data processors duly engaged by baterias.com that provide ancillary services (hosting, IT maintenance, management software, etc.).
- Companies belonging to the corporate group of Kronotech Solutions S.L., for administrative, commercial or marketing purposes compatible with those described in this clause.
- Trusted collaborating companies, where the contractual relationship or legitimate interest justifies it, always guaranteeing the application of the legal and contractual measures necessary to safeguard the confidentiality of the data.
Under no circumstances will the data be sold to third parties.
14.5. Data retention
Personal data will be retained for as long as the contractual relationship with the User lasts and, subsequently, for the periods necessary to comply with legal obligations or for as long as liabilities could arise from the relationship maintained. Likewise, in the case of data used for commercial purposes, it may be retained for as long as the User does not request its erasure, restriction or objection to processing, in accordance with the data protection regulations in force.
14.6. Rights of the User
The User may exercise their rights of access, rectification, erasure, objection, restriction of processing and portability at any time by contacting info@baterias.com, providing a copy of their national ID card or equivalent document proving their identity.
14.7. Supervisory authority
In the event of any discrepancy or dispute, the User has the right to lodge a complaint with the Spanish Data Protection Agency (AEPD), without prejudice to their right to apply to the competent supervisory authority in their EU Member State of residence.
14.8. Privacy Policy
The detailed processing of personal data, as well as the use of cookies and similar technologies, is governed by the Privacy Policy and the Cookie Policy available on the Website, which form an integral part of these Terms and Conditions.
15. APPLICABLE LAW AND JURISDICTION
15.1. Access to, browsing and/or use of this Website, as well as the purchase of products through it, shall be governed by and interpreted in accordance with Spanish law and, for matters not provided for therein, by the applicable European Union regulations on consumer affairs and electronic contracting.
15.2. Any controversy, discrepancy or dispute relating to the interpretation, validity or performance of these Terms and Conditions, or of the contracts entered into between the User and baterias.com, shall be submitted to the jurisdiction of the Courts and Tribunals of Málaga (Spain), with the parties expressly waiving any other jurisdiction that may correspond to them.
15.3. Likewise, the consumer User may voluntarily choose to resort to out-of-court dispute resolution mechanisms, such as the European Commission's Online Dispute Resolution Platform, accessible at: https://ec.europa.eu/consumers/odr/.
16. COMPLAINTS AND CLAIMS
16.1. The User may send baterias.com their complaints, claims or suggestions through the contact details indicated in the first clause (General Information). To properly handle such complaints, the User must provide their full identification, order number (where applicable), and a clear and detailed description of the reason for the claim.
16.2. baterias.com will make available to the User, upon request, the official complaint forms provided for by the consumer protection regulations in force. Such forms may be requested through the enabled contact channels or in physical format at the company's registered office.
16.3. The submission of a claim does not, under any circumstances, suspend the User's obligation to pay any outstanding amounts or to comply with the other obligations arising from the contract entered into.
16.4. In the event of a dispute that cannot be resolved amicably, the User, as a consumer, may resort to the out-of-court dispute resolution procedures provided for in Regulation (EU) 524/2013, through the European Online Dispute Resolution Platform (ODR), accessible at the following link: https://ec.europa.eu/consumers/odr/.
16.5. Without prejudice to the foregoing, any claim or dispute shall be resolved in accordance with the provisions of the Applicable Law and Jurisdiction clause of these Terms and Conditions.
17. INTELLECTUAL PROPERTY, DATABASE AND AUTOMATED USE
17.1. The structure, selection and arrangement of the contents of the Website —and in particular the product catalogue, its technical characteristics, availability and prices— constitute a database whose substantial investment in obtaining, verifying and presenting the content corresponds to Kronotech Solutions S.L., protected by the sui generis right of the database maker (articles 133 et seq. of the Consolidated Text of the Intellectual Property Law and Directive 96/9/EC), without prejudice to the other intellectual and industrial property rights over texts, images, logos, design and software.
17.2. Without the prior written authorisation of the owner, the following are expressly prohibited: (i) the extraction and/or reuse of the whole or a substantial part, evaluated quantitatively or qualitatively, of the content of said database; (ii) the repeated and systematic extraction or reuse of non-substantial parts that amounts to acts contrary to normal exploitation of the database or that causes unjustified harm to the legitimate interests of the owner; and (iii) the use of robots, spiders, scrapers, crawlers, price-monitoring software or any automated means to access, index, copy or monitor prices or content, except for search engine crawlers and artificial intelligence assistants that respect the robots.txt file and these Terms and Conditions.
17.3. Unauthorised automated access or extraction may be subject to technical blocking and restriction measures, as well as to any applicable civil and criminal actions, including claims for damages caused and for unjust enrichment arising from the commercial use of the extracted information.
18. LIMITATION OF LIABILITY FOR PROFESSIONAL CUSTOMERS AND CONSUMER RIGHTS
18.1. Professional customers (non-consumers)
In relations with customers acting within the scope of their business or professional activity (who therefore do not have the status of consumers), the total liability of Kronotech Solutions S.L. for any claim arising from the contract shall be limited to the amount actually paid for the order giving rise to the claim. Under no circumstances shall Kronotech Solutions S.L. be liable to such customers for indirect damages, loss of profit, loss of business, loss of data or loss of opportunity. This limitation shall not apply in cases of wilful misconduct or gross negligence, nor in those cases where the law imposes liability that cannot be excluded or limited.
18.2. Safeguarding of consumer rights
No provision of these Terms and Conditions limits or excludes the rights that consumer and user protection regulations recognise on a mandatory basis for Users who have the status of consumers. In the event of any contradiction, such mandatory rights shall prevail.
19. INDEMNITY
19.1. The User shall hold Kronotech Solutions S.L. harmless against any claim, penalty, damage, loss or expense (including legal defence fees) arising from their breach of these Terms and Conditions or of the applicable legislation, from misuse of the Website, from the unauthorised extraction, reproduction or use of its contents, or from infringement of third-party rights.
19.2. This obligation shall not apply to Users who have the status of consumers beyond what is permitted by the mandatory consumer and user protection regulations applicable to them.
20. AMENDMENT OF THE TERMS AND CONDITIONS
20.1. Kronotech Solutions S.L. reserves the right to modify or update these General Terms and Conditions at any time, for legal, technical, operational or commercial reasons. Amendments will be published on this same page and shall take effect from the moment of their publication.
20.2. Orders already placed shall be subject to the Terms and Conditions in force at the time they were formalised, and subsequent amendments shall not have retroactive effect to the detriment of the consumer User.