General Terms and Conditions

Innovo Technology, All kinds of Electronic components,Bom list service.

1. Definitions
2. Conditions
3. Prices
4. Payment
5. Order security
6. Ordering
7. Delivery
8. Inspection, defects and non-delivery
9. Returns
10. Description
11. Risk and property
12. Warranty
13. Exclusion of Liability
14. Customers, Entrepreneurs or Professionals
15. Legal interpretation

Definitions

“Catalog”: The catalog, in any of its formats, whether paper or electronic.

“Company”: Innovo Technology

“Conditions”: These general conditions.

“Contract”: Any contract concluded between the Company and the Customer for the sale and purchase of Supplies.

“Customer”: The person(s) or company(ies), whose order(s) for Supplies have been accepted by the Company.

“Goods”: any goods supplied or to be supplied by the Company to the Customer.

“Services”: any services rendered or to be rendered by the Company to the Client.

“Supplies”: Any Goods or Services.

“in writing”: Includes electronic communications.

2. Conditions

All orders placed with the Company if accepted by the Company shall be deemed accepted subject to the provisions of these Conditions. These Conditions supersede and cancel any terms and conditions of any negotiations between the Company and the Client and supersede and cancel existing dealings, agreements, dealings and covenants between the Company and the Client and those set forth in the Client’s standard terms and conditions. If there is any conflict between:

I.- The provisions of the Catalog and these Conditions;

II- The terms of the order and these Conditions shall prevail, unless otherwise agreed in writing by a duly authorized representative of the Company with sufficient powers of representation of the Company registered in the Commercial Registry. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation of these Conditions is permitted unless expressly authorized in writing by a duly authorized representative of the Company by means of a power of attorney sufficient to act on behalf of the Company for that purpose duly registered in the Commercial Registry.

3. Pricing

The prices for the Supplies are quoted in Euros, excluding VAT, which shall be added at the time of invoicing. Prices are those shown on the Company’s website, but the Company reserves the right to change its prices without notice at any time. The prices in effect will be those prevailing when an order is accepted.

The total amount shown on the “Payment” screen includes taxes.

Prices are also detailed in the confirmation of receipt of the order, which the user can print or download in case he/she needs to consult it. Innovo Technology recommends to pay the exact amount specifying the reference number.

4. Payment

The only available payment methods appear once you have logged in to our website and reviewed the order you intend to place.

Payments can only be processed if billing information can be verified. If the User uses the credit/debit card payment method, the financial institution will deduct the amount of the purchase as soon as the POS authorizes the operation. If the User uses the bank transfer payment method, Innovo Technology will send the order after receiving the full payment of the amount. The User is advised to make individual transfers per order, including the unique reference number on the order confirmation. The bank transfer may take a few days to become effective in the Innovo Technology system. In the event that 96 hours have elapsed since the User placed the order without Innovo Technology having received the transfer, Innovo Technology will cancel the order.

The Company reserves the right to charge for copies of invoices or credit notes, 1 Euro plus VAT per copy, when the original has been lost or misplaced by the Customer. If legal proceedings are brought against the Client for amounts due to the Company, the Company shall have the right to charge the Client for any and all costs incurred by the Client in connection therewith, including the costs of counsel, solicitor, court fees and travel and any other costs.

Invoices will be sent electronically to the e-mail address provided in the application registration process. It is possible to change this option or request a printed invoice by contacting the administration department at sales@hk-innovo.com. If you require a printed invoice, Innovo Technology reserves the right to charge postage costs.

5. Order security

The entity in charge of processing payments made to Innovo Technology through the Web applies the SSL (Secure Socket Layer) security protocol, one of the most powerful encryption platforms currently available. The credit card data used by the User will be encrypted at the time it is provided and until the transaction has been processed. Innovo Technology will not store this information on any server.

Despite the use of encryption security software, the security of information and payments transmitted over the Internet or by e-mail cannot be guaranteed today. Innovo Technology shall not be liable for damages arising from the use of electronic means of communication, including, but not limited to, damages resulting from a failure or delay in sending electronic communications, interception or manipulation of electronic communications by third parties or through computer programs used for the transmission of electronic communications or viruses.

6. Orders

The User must have an e-mail address in order to place orders correctly. The User must configure his/her browser to accept cookies and pop-up windows (“pop-ups”) so that he/she can make full and proper use of the Web.

In order for the User to place an order correctly through the Web, he/she must complete the following simple steps:

Locate the products that the User wishes to purchase.
Add the selected products to the Web shopping cart.
Identify yourself or create a new and non-transferable account for each User.
Review all the elements of the selected purchase.
Select the method of payment for the purchase.
Formalize the order by clicking on the submit order tab.
The order will be correctly placed when the User receives an online order confirmation.
The User shall be obliged to purchase the products ordered at the moment he/she clicks on the “I confirm my order” tab at the end of the purchase process. By clicking on the “I confirm my order” button, the order requested by the User will be sent to Innovo Technology for processing. As soon as Innovo Technology receives an order from a User, an automatic confirmation of receipt of the order will appear on the Web which will include the order number and the details of the purchase made by the User. The purchase agreement between Innovo Technology and the User is concluded as of that moment.

Innovo Technology will automatically send a copy of the order confirmation to the e-mail address provided by the User.

Innovo Technology advises Users to print or download a copy of the order confirmation sent by Innovo Technology, in case it is necessary to consult it at a later date. Innovo Technology expressly reserves the right not to accept orders from Users or to cancel purchase agreements, even after receipt of the order confirmation.

The minimum amount of an order that a Customer can place is 100 Euros plus VAT.

Once accepted, no order may be cancelled without the prior written agreement of a duly authorized representative of the Company by means of a power of attorney sufficient to act on behalf of the Company for this purpose, duly registered in the Commercial Registry.

7. Delivery

The Company shall use all reasonable efforts to dispatch the Goods ordered within 24 to 48 hours, depending on the time of receipt thereof when the Goods are in stock. These deliveries are usually offered free of freight charges for orders within the peninsula from 100 €.

Canary Islands, Balearic Islands, Ceuta and Melilla: shipping charges are always due, and the customer will negotiate with the carrier directly.

The minimum order is always 100€.

Where the Goods ordered are non-stock items, and the Company is unable to arrange delivery within 24/48 hours, the Company will use all reasonable endeavours to notify delivery times for such Goods, where known, and shall under no circumstances be liable to indemnify the Customer for non-delivery, non-performance, or delivery or performance.

Delivery of the Goods covered by the Supplies shall be deemed to have been made when the Goods are made available at the address specified by the Customer and the provision of the Services covered by the Supplies shall be deemed to have been made at the address specified by the Customer.

8. Inspection, defects and non-delivery

The Customer must imperatively inspect the Supplies as soon as reasonably possible after delivery or, in the case of Services, inspect their due performance, the Company shall not be liable for any defect in the Supplies unless the Company receives notice from the Customer in writing notifying it of its existence stating in detail the defect within 10 calendar days of such date.

The quantity of any shipment of Goods, as stated by the Company on dispatch, shall, unless the Company is guilty of fraud or gross negligence, be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can produce evidence to the contrary. The Company shall not be liable for any failure to deliver the Goods or to perform the Services unless the Company receives notice from the Customer within 10 calendar days of the date on which the Goods should have been delivered or the Services performed in the ordinary course of business. Any liability of the Company for non-delivery or non-performance or because the Goods are reported to be defective on delivery or because the Services are reported to be defective after performance in accordance with the provisions of this Condition 8 shall be limited in the absence of wilful misconduct or gross negligence to the replacement of the Goods, or to the re-performance of the Services within a reasonable time, or to the refund of the price paid in respect of such Supplies.

9. Returns

Prior to the return of any Goods to the Company for any reason, Customer shall contact the Company to obtain a return authorization number (“RMA”). All Goods shall be returned at Customer’s risk and expense and shall not be damaged by Customer and shall be packed in their original packaging. The Customer is responsible for returning the Goods to the Company and for retaining proof of delivery of such return.

The Company operates on a 21-day return basis. To be accepted for return on this basis, Goods must be returned for receipt by the Company within 21 calendar days of shipment. The Customer must return the Goods to the Company at the address notified to the Company in writing, clearly indicating the Customer’s account number, order number and RMA on the outside of the package.

If Goods are returned after 21 calendar days for any reason the Company may not accept or accept such return at its sole and absolute discretion. If the return is accepted by the Company, a return fee of 20% of the value of the material will be charged, with a minimum of 10€.

The Company will also apply this scale when the return is due to a Customer error, even when it is made before 21 days.

Any antistatic Goods or moisture-sensitive components, supplied in sealed packaging, may not be returned if the blister or “easy-open” packaging in which it was shipped has been opened, tampered with or damaged.

10. Description

All specifications, drawings, illustrations, descriptions and specifications of weights, dimensions or capacity and other data, including without limitation, statements regarding compliance with statutory or regulatory standards (collectively “the Descriptions”) whenever they appear (including without limitation in this Catalog, the shipping notes, invoices or packaging) are intended to give a general idea of the Supplies, but do not form part of the Contract. If the Descriptions of any Goods differ from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the adequacy of the Descriptions, but shall rely for such purpose on such information, if any, as may have been furnished to it by its suppliers and shall not be liable either contractually or extra contractually, or on the basis of any statutory, regulatory or otherwise, except for wilful misconduct or gross negligence on its part, for any errors or omissions in such Descriptions, whether caused by the negligence of the Company or otherwise. The Company may make changes to the Supplies as part of an improvement program or to meet legal or regulatory requirements at any time.

11. Risk and property

The risk of damage to or loss of the Goods shall pass to the Customer when the Goods are made available at the address specified by the Customer. Ownership of the Goods, however, shall in no event be transferred to the Customer until the Company has received in full (in cash or cleared funds) all amounts due from the Customer to the Company.

Until ownership passes to Customer, Customer shall care for the Goods as an experienced custodian with the utmost diligence. If payment is not received in full by the due date, or the Customer is dissolved, or a court of law orders its dissolution, or the Customer defaults in any of its obligations to the Company, the Company shall be entitled, without notice, to repossess the Goods and for that purpose to enter any premises in the possession of or owned by the Customer.

This Catalog shall at all times remain the sole and exclusive property of the Company.

12. Warranty

The Company will attempt to transfer to the Customer the benefit of any warranty given by the manufacturer of the Goods.

The Company shall, free of cost to the Customer only repair, or at the Company’s option, replace the Goods or, in the case of Services, re-perform the Services in respect of which it has been proved to the Company’s reasonable satisfaction to be damaged or defective due to defective materials, defective workmanship. This obligation shall not exist:

I. If the defect arises because the Customer has altered or repaired such Goods without the Company’s written consent.

II. If the Customer did not follow the manufacturers’ instructions for the storage, use, installation, use or maintenance of the Goods.

III. If the Customer has failed to notify the Company of any defects in accordance with Condition 8 where the defect would have been reasonably discoverable upon reasonable inspection.

IV. If the Customer fails to notify the Company of the defect within 12 months (or such other period as specified by the Company at the time of acceptance of the order for the Supplies) from the date of dispatch of the Goods or performance of the Services.

Any replacement of Supplies or repair of the Goods made pursuant to this Condition 12 shall be warranted on these terms for that portion of the unexpired warranty period granted on the original Supplies. Any Goods which have been the subject of substitution shall belong to the Company.

13. Exclusion of Liability

The Company does not exclude its liability to the Customer for any reason for which it would be imperatively unlawful for the Company to exclude its liability or attempt to exclude its liability or for intent or gross negligence.

Save as provided in Conditions 8 (inspection, defects on delivery and non-delivery), and 12 (Warranty) and this Condition 13, the Company shall not be liable to the Customer in any way (whether contractually or extra-contractually, including in negligence, breach of any duty under any rule, restitution or otherwise) for any personal injury, direct or indirect damage, consequential loss, including all of the aforesaid three terms, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, and computer non-functioning, depreciation of goodwill, business interruption, increased acquisition costs, increased production costs, loss of opportunity, loss of contracts, and any similar, howsoever caused or resulting from, or in connection with:

Any of the Supplies, or the manufacture, sale, performance or supply or failure to supply or delay in the performance or completion of the Supplies by the Company or by the Company’s employees, agents or subcontractors
Any breach by the Company of any of the express or implied terms of the Agreement.
Any use made or resale or failure to supply any of the Supplies or any product incorporated into any of the Goods or developed using the Supplies.
Any acts or omissions of the Company on the Client’s premises.
Any statement made or not made, or advice given or not given, by or on behalf of the Company.
Any other matter, form in accordance with the Contract.
And the Company excludes, to the fullest extent permitted by, Law, all conditions, warranties and stipulations, express (except those set out in these Conditions) or implied, set out in a rule, by custom or which would or might otherwise subsist in favor of the Customer if this exclusion had not been made.

The Company’s total liability whether in contract, extra-contractual (including negligence), for breach of a statutory duty, for misrepresentation or otherwise, shall be limited to the repair or replacement of the Goods, or in the case of Services, to the re-performance of the Services or, at the Company’s option, to the refund of any sums already paid in respect of the Supplies, except in the case of intent or gross negligence of the Company or any applicable mandatory rule.

Each of the Company’s employees, representatives, administrators, agents and subcontractors may rely on and benefit from the exclusions and restrictions of liability set forth in the provisions set forth in these Conditions.

14. Clients, Entrepreneurs or Professionals

The Company is an entrepreneur who shall only make supplies to entrepreneurs or professionals acting as such subject to these Conditions. The Catalog and any product or professional specifications and brochures prepared by the Company are intended for use by businessmen or professionals and not by consumers. By placing the order, the Customer confirms that he/she wishes to obtain the Supplies for business and/or professional reasons and not as a consumer.

15. Legal interpretation

All Contracts shall be governed by and construed in accordance with Spanish substantive law.

THESE CONDITIONS OF SUPPLY SUPERSEDE ALL AGREEMENTS, EXPRESS OR IMPLIED, ORAL OR WRITTEN.