The warranty of the products offered will comply with the following articles based on Law 23/2003 of July 10 on Guarantees of the Sale of Consumer Goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products conform to the contract as long as they meet all the following requirements, unless due to the circumstances of the case any of them are not applicable:
a) They conform to the description made by Jeen Roelof Rosier.
b) They are suitable for the uses to which products of the same type are ordinarily intended.
c) They are suitable for any special use required by the customer when they have made it known to Jeen Roelof Rosier at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
d) They present the quality and performance usual for a product of the same type that the customer can reasonably expect, given the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by Jeen Roelof Rosier.
e) Jeen Roelof Rosier describes the details, technical characteristics, and photographs of the products provided by the manufacturer, so they are not bound by these public statements.
2. Non-conformity resulting from incorrect installation of the product will be considered non-conformity when the installation is included in the sales contract and has been carried out by Jeen Roelof Rosier or under their responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. Responsibility for non-conformity will not proceed if the USER knew or could not have been unaware of it at the time of the conclusion of the contract or if it originated from materials supplied by the USER.
II) Provider’s Responsibility
Jeen Roelof Rosier will be liable to the USER for any non-conformity that exists at the time of delivery of the product. Jeen Roelof Rosier recognizes the USER’s right to repair the product, replace it, reduce the price, and terminate the contract.
III) Repair and Replacement of Products
1. If the product does not conform to the contract, the USER may choose between requiring its repair or replacement, unless one of these options is impossible or disproportionate.
Once the USER communicates their chosen option to Jeen Roelof Rosier, both parties must adhere to it. This USER decision is without prejudice to the provisions of Article IV below for cases where repair or replacement does not bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on Jeen Roelof Rosier that, compared to the other form of remedy, are unreasonable, considering the value the product would have had if there were no non-conformity, the relevance of the non-conformity, and whether the alternative remedy could be carried out without major inconvenience to the USER, will be considered disproportionate.
IV) Rules for the Repair or Replacement of the Product
Repair and replacement will adhere to the following rules:
a) They will be free of charge for the USER. This includes the necessary costs incurred to remedy the non-conformity of the products with the contract, especially shipping costs, as well as labor and material costs.
b) They will be carried out within a reasonable period and without major inconvenience to the USER, considering the nature of the products and their purpose for the USER.
c) The repair suspends the counting of the deadlines referred to in Article VII. The suspension period will begin when the USER makes the product available to Jeen Roelof Rosier and will end with the delivery of the repaired product to the USER.
For six months after the delivery of the repaired product, Jeen Roelof Rosier will be liable for non-conformities that motivated the repair. It is presumed to be the same non-conformity when defects of the same origin as those initially manifested reappear in the product.
d) The replacement suspends the deadlines referred to in Article VII from the exercise of the option until the delivery of the new product. The replacement product will, in any case, be subject to the second paragraph of Article VII.
e) If, after the repair and delivery of the product, it still does not conform to the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or contract termination under the terms of Article V.
f) If the replacement does not bring the product into conformity with the contract, the USER may demand its repair, within the limits established in paragraph 2 of Article IV, or a price reduction or contract termination under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price Reduction and Contract Termination
Price reduction and contract termination will proceed, at the USER’s choice, when they cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER. Termination will not proceed when the non-conformity is of minor importance.
VI) Criteria for Price Reduction
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it conformed to the contract and the value the product actually delivered had at the time of delivery.
VII) Deadlines
1. Jeen Roelof Rosier is liable for non-conformities that become apparent within two years from the delivery. For second-hand products, Jeen Roelof Rosier and the USER may agree on a shorter period, which cannot be less than one year from delivery.
Unless proven otherwise, it will be presumed that non-conformities that become apparent within six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the non-conformity.
2. Unless proven otherwise, delivery is understood to have taken place on the date stated on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the preceding articles expires three years from the delivery of the product.
4. The USER must inform Jeen Roelof Rosier of the non-conformity within two months of becoming aware of it. Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.
VIII) Action against the Producer
When it is impossible or imposes an excessive burden on the USER to approach Jeen Roelof Rosier for non-conformity of the products with the sales contract, they may claim directly from the producer to obtain the replacement or repair of the product.
As a general rule, and without prejudice to the cessation of the producer’s liability under the same terms and conditions established for Jeen Roelof Rosier, the producer will be liable for non-conformity when it refers to the origin, identity, or suitability of the products, according to their nature and purpose and the regulations governing them.
The producer is understood to be the manufacturer of a product or the importer of it into the European Union territory or any person presenting themselves as such by indicating their name, brand, or other distinctive sign on the product.
Whoever has responded to the USER will have a period of one year to repeat the responsible party for the non-conformity. This period is calculated from the moment the remedy was completed.
Applicable Law and Jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER’s domicile.