The Ractem General Terms and Conditions apply to the use of the Ractem website (www.ractem.ie). By accessing the website and/or placing an order, you agree to be bound by the General Terms and Conditions established below.
1. DEFINITIONS
In the present General Terms and Conditions:
1.1. ‘You’ means the organisation or person ordering and/or purchasing products from us.
1.2. ‘We’ or ‘us’ means Ractem Sistemas SLU (hereinafter ‘Ractem’).
1.3. ‘Products’ means the goods that we sell to you.
2. GENERAL PROVISIONS
2.1. These General Terms and Conditions shall apply to all purchases of our products that you make, to the exclusion of all other terms and conditions referred to, provided or used during negotiations or at any other stage, unless we explicitly agree to such terms in writing.
2.2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless we provide explicit written agreement.
3. PLACING AN ORDER
3.1. Your order constitutes a binding offer to conclude a purchase agreement with us for the ordered goods. Orders are only considered accepted once we have confirmed them in writing. Until then, our offer is non-binding. Any verbal or telephone agreements, additions or modifications require our written confirmation to be considered valid.
3.2. The presentation of products on our website does not constitute a legally binding offer nor sale by description, but rather a non-binding online catalogue.
3.3. After entering your personal data and completing the final step of the online ordering process, you submit a binding order for the goods contained in your basket. The purchase agreement is concluded when you receive a confirmation email, which usually arrives immediately after you have placed your order, or upon the delivery of the products, whichever occurs first. If you do not receive a confirmation email and the products have not been delivered after three weeks, you will be free from any obligations arising from the agreement unless the parties have agreed otherwise.
3.4. Quotes we submit in writing are valid for 15 days and only for the recipient of the communication containing the quote. All product information contained therein is approximate and for informative purposes only.
3.5. We reserve the right to cancel the order if we discover that you have provided false information.
4. PRICES AND PAYMENT
4.1. The prices of the products shall be those prices listed on www.ractem.ie, or such other prices as the parties may agree in writing. When making an online purchase via the website, the prices listed therein at the time of purchase shall apply to the exclusion of all others.
4.2. The total cost of the order covers the price for the products, delivery costs, packaging, VAT and any other related costs.
4.3. Assembly and installation costs are not included in the price, and these services are not offered as part of the purchase agreement.
4.4. As a general rule, prices and costs are paid in advance of delivery. Payment can be made via bank transfer, PayPal or bank card.
5. DELIVERY
5.1. Unless otherwise agreed in writing, we shall arrange for the products to be delivered to the address you specify in accordance with our Delivery Policy. You shall be responsible for any arrangements necessary to take delivery of the products.
5.2. The delivery costs indicated in our Delivery Policy will be paid for by you and are applicable to the Republic of Ireland only. For deliveries to other countries and territories, please contact us for more information.
5.3. The date of delivery that we indicate will be an estimate only and will not be binding.
5.4. If we are unable to deliver the products for reasons beyond our control, such as in cases of Force Majeure, we reserve the right to postpone the delivery for the duration of such circumstances. We also reserve the right to partially deliver products or provide services.
5.5. Your order will be delivered kerbside, on a pallet, and will be either boxed or wrapped in black plastic film.
5.6. If you note that a product is delivered with significant damage or there are any missing items, we will provide replacements provided that you have:
- 5.6.1. informed us at info@ractem.ie within 48 hours of receiving the products;
- 5.6.2. have indicated that there are damaged or missing products on your delivery receipt when you sign it.
5.7. If you make any changes to your address after placing your order, it may incur delays and/or additional charges. Additionally, we reserve the right to impose surcharges based on your unloading facilities, the accessibility of the delivery location and/or the dimensions of the packages delivered.
5.8. We will determine the route, delivery method and shipping company used for deliveries.
6. RETURNING PRODUCTS
6.1. If any delivered product fails to meet your expectations, you can return the product with 14 working days, starting from the day you receive the product, provided that you have informed us of your intention to do so in writing via info@ractem.ie beforehand.
6.2. As long as the product is not damaged in any way, is unused and is in its original packaging, the payment for the returned product will be refunded (excluding delivery costs) using the same payment method as was used for its purchase. However, you will be responsible for any loss of value in the product deriving from excessive use after its state, suitability and features have been assessed. If we arrange the exchange, we will cover the costs.
6.3. Where a product has been made with bespoke measurements, you will not be able to return that product or cancel your order once the production process has been initiated.
6.4. If a product has a material defect when you receive it, this must be reported in writing immediately, no later than 5 days after receipt of the goods. Damage caused during transportation must be reported within 48 hours. If the fault is reported within the respective timeframes, we will provide a replacement. If the replacement is not provided within a reasonable timeframe, you may request a price reduction or terminate the purchase agreement.
6.5. As the products are designed for industrial purposes, the specifications of individual products may deviate slightly from those listed (dimensions, colours, weight, etc.). Such small deviations that do not inhibit the functionality of the product are not grounds for returning the products or claiming against the warranty, are not considered defects and are accepted by you. This also applies to products with custom measurements and made-to-measure products.
7. OWNERSHIP
7.1. Ownership of any products you order shall not pass to you until we have received full payment for such products.
8. FIVE-YEAR GUARANTEE
8.1. Our products come with a 5-year warranty. This guarantee covers defects that are not immediately visible and those that derive from the manufacturing process.
8.2. The warranty does not cover damage resulting from incorrect use, assembly or installation on the part of the buyer or third parties, normal wear and tear, faulty or negligent handling, the use of unsuitable materials, improper replacement parts or chemical, electrochemical or electrical damage, unless the fault can be proven to have been caused by our actions or lack thereof.
8.3. We will assume the direct delivery costs for replacement products, but we reserve the right to charge you delivery surcharges based on your unloading facilities, the accessibility of the delivery location and/or the dimensions of the packages delivered.
9. LIABILITY
9.1. To the extent permitted by law, we shall not be held liable for any losses, damages or interruptions resulting from this agreement, our products and/or any services we provide.
9.2. Any risks associated with the products shall become your liability, to the extent permitted by law, the moment the products are received at your premises.
10. DATA PROTECTION
10.1. By using the www.ractem.ie website, you agree to our Privacy Policy.
11. APPLICABLE LEGISLATION AND JURISDICTIONS
11.1. Ractem Sistemas SLU is listed in the Register of Intra-Community Operators and acts in accordance with the legislation of the European Union. Specifically, it follows Council Directives (EU) 2017/2455 and 2019/1995, as well as Commission Implementing Regulations (EU) 2019/2026 and 2020/194.
11.2. The relationship between the parties to these Terms and Conditions will be dictated according to the Spanish legislation currently in force, and all disputes and/or claims will be presented before the courts of Zaragoza.
12. LEGAL VALIDITY
12.1. Should any provision of these Terms and Conditions be found to be invalid, this shall not affect the validity of the remaining provisions or the validity of transactions. The invalid provision shall instead be replaced with a correct provision that better reflects its intended purpose.
12.2. Ractem may modify the Terms and Conditions listed here at any time, by publishing such changes on this page. The validity terms of the listed provisions will begin when they are published and will remain in force until they are replaced with updated and duly published provisions.
12.3. We reserve the right to modify prices, correct errors and change the products we offer.
