Terms and Conditions

 

The parties that are bound through the following conditions are firstly, the User or Customer that carries out transactions through this web site and secondly, DESARROLLO AGRÍCOLA Y MINERO, S.A. with corporate address at Camino de Enmedio nº 120 (50013-Zaragoza) and with Tax Identification Code ESA50053305, recorded in the Commercial Registry of Zaragoza Volume 1.030, Folio 163, Page Z-1663, hereinafter, DAYMSA.

On this web site, Products are offered for sale exclusively to direct users who, by virtue of the Royal Decree Law 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (the “TRLGDCU”), have the consideration of consumers as well as to professionals, hereinafter, the Customers. The products that are acquired through www.daymsa.com will be for the use of the buyer; the resale of the products will not be allowed without the prior written authorization of DAYMSA.

Each purchase operation is governed by the provisions in the Law 7/1998, of 13 April, on General Contracting Conditions , in Law 34/2002 of 11 July, on Information Society Services and E-Commerce, the “TRLGDCU”, and in all other applicable regulations in the area of consumers, retail commerce and distance contracting, as well as by these Conditions. Unless indicated otherwise, the Customer may carry out the purchase operation in the same language in which these Conditions are written.

These Conditions were written by DAYMSA, which is the only contractual counterpart of the Customers and which assumes the obligation to satisfy the orders of Products.

GUARANTEE OF ACQUISITION AND AUTHENTICITY

DAYMSA hereby states that all the products offered on this web site, whose characteristics may be consulted in our catalogue, have been produced and acquired directly and legitimately; the use of any brand of third parties that is registered has, in all cases, received the pertinent authorization/s. Therefore, all our products have the necessary original parts guarantee and can be distributed through DAYMSA.

WHO CAN HAVE ACCESS TO OUR SERVICES

Physical persons of legal age, with sufficient capacity to contract and who have read and accepted the purchase conditions explained on this page may have access to our services.

Through the acceptance of these General Contracting Conditions the Customer declares:

  • That he/she is a person of legal age and with capacity to contract.
  • That he/she has read, understands, and accepts these general contracting conditions.

ACCEPTANCE OF THE CONDITIONS

The Customer, with the shipment of his/her order, accepts unconditionally and agrees to respect these sale conditions in his/her relations with DAYMSA.

The Customer acknowledges that DAYMSA is not connected by sale conditions other than the ones established here, unless otherwise agreed previously and in writing.

TERRITORIAL AREA

DAYMSA commercializes its products through the on-line shop for their shipment only to the countries listed on the Registration page.

REGISTRATION

It is necessary to register in order to make purchases on www.daymsa.com. The data that the Customer provides to us will only be valid for the purchase he/she makes for purposes of invoicing and delivery of the acquired articles.

PRIVACY POLICY

The data collected through the through the data collection and registration forms of the www.daymsa.com web site will be incorporated into a data base of personal character for which the company Desarrollo Agrícola y Minero, S.A. is responsible, who will process the data exclusively with the purpose of providing the services requested, and send him/her commercial communications of its products and services, complying with Organic Law 15/1999 of 13 December on Personal Data Protection and Law 34/2002 of 11 of July on Information Society Services and E-Commerce.

The user may exercise the rights of access, rectification, cancellation and opposition, communicating for this purpose to the corporate address of the company, in writing and duly identifying himself/herself with a copy of National I.D. or other valid Identity Document and indicating the reference Data Protection or by e-mail to the address mail@daymsa.com

The user agrees to maintain the data provided to Desarrollo Agrícola y Minero, S.A. duly updated. The user will be responsible for the damages that Desarrollo Agrícola y Mineros S.A. or third parties may suffer as a result of the lack of veracity, inaccuracy, lack of updating and authenticity of the data provided.

www.daymsa.com may use cookies during the rendering of services of the web site. Cookies are physical files of anonymous information housed in the user’s own terminal. The user has the option of configuring his browser programme to prevent the creation of files or cookies or gives notification of the same.”

COMMUNICATION

For the purposes of these Conditions, and for any communication that is necessary between DAYMSA and the Customer, the latter must address communication to Customer Service by e-mail sending a message to mail@daymsa.com, or else by written communication sent to the following address: Desarrollo Agrícola y Minero, S.A., Customer Service Department, Camino de En medio nº 120, 50013, Zaragoza, Spain.

The Customer accepts expressly for all communications relating to the use of the Shop, and/or the acquisition of goods, the use of e-mail as a valid procedure for the sending of said communications. In all communications reference must be made to the order number.

PURCHASING PROCESS

To make an order in the online shop the Customer must be of legal age and have a valid e-mail address and accept the General Contracting Conditions.

The Customer can enter the on-line shop www.daymsa.com and select the articles he/she wishes to buy, adding them to the shopping cart.

Once the articles are confirmed and the quantity that the Customer wishes to buy, he/she must confirm the order, fill in the Order Form with the necessary data and select the method of payment.

When the Customer makes an Order, DAYMSA will send him/her an Order Notification by e-mail which will include the data of the purchase made (order number, name and surnames, delivery address, articles purchased, Price and total price of the purchase with breakdown of taxes).

On making the order, the Customer is making an offer to DAYMSA to purchase Products that he/she has selected according to these General Conditions.

DAYMSA reserves the right to accept or not accept said offer. Thus, the receipt of the Order Number does not imply its acceptance.

If the Order is accepted, notification will be given by e-mail, issuing an Order Confirmation, and the customer must accept it using the link provided in the text of the e-mail; from this moment, it will be effective.

If DAYMSA cannot accept the Order, it will contact the Customer by e-mail or by other means as soon as possible, to try to rectify the causes that prevent the purchase.

DAYMSA will try to supply the Products numbered in the Order Notification whenever possible. There may be occasions on which it is impossible to supply these Products. In these cases, DAYMSA will contact the Customer by e-mail or by other means, to inform him/her and possibly suggest alternative Products that he/she may wish to buy in substitution.

If the Customer decides to cancel his Order in relation with the Products that cannot be supplied, DAYMSA will refund any amount of Money that the Customer has paid for said Products, as well as the cancellation of the purchases made by credit card or PayPal. The return of these amounts of money will be the limit of liability of DAYMSA to the Customer if it is impossible to supply him/her with the Products requested.

The Customer acknowledges that the contract for purchase and sale of Products is completed when the purchase procedure is completed; likewise, the Customer acknowledges that it is at that time when the Customer has the obligation to pay the final purchase price of the Products acquired, which will include a breakdown of all the applicable taxes and the additional expenses incurred during the purchase process.

PRICES

The prices and fees applicable to the contracting by the Customer of the services will be those that are stated on the web site at the time the Customer accesses the specific service and proceeds to start the contracting process.

All the prices that appear in the DAYMSA on-line shop are stated in Euros and include VAT but not the applicable taxes according to the country from where the Customer makes the purchase. In the orders and invoices the VAT and/or the rest of the taxes of the articles and the shipping expenses will be displayed broken down.

The prices of the Products displayed in the DAYMSA on-line shop may contain typographical errors and show a price other than the correct one. When this occurs, if the Customer has received the Order Confirmation, DAYMSA will immediately contact the Customer in order to issue a new Order Confirmation with the correct price.

CUSTOMS INFORMATION AND PAYMENT OF DUTIES

When you make an order of articles on sale on www.daymsa.com, you may be subject to import duties and taxes, which will be charged at the time the package arrives at its destination. Customs policies vary significantly from country to country. To obtain information about the applicable fees in your country, consult the pertinent customs office.

Additional expenses due to customs dispatch will be at the expense of the buyer. DAYMSA has no control over these expenses and cannot predict their total amount.

The buyer, in the event of not paying the import duties and taxes, authorizes the destruction of the product, with loss of the amounts paid for its purchase.

The agricultural nutrients and plant protectors offered through tienda.daymsa.com comply with Spanish regulations. The user acknowledges that when he/she makes an order from tienda.daymsa.com, he/she is considered the nominal importer, and must therefore comply with all the laws and applicable regulations in the country where he/she is receiving the goods.

SHIPPING POLICY

Neither will orders be accepted nor will Products be delivered to addresses other than those listed on the registration page.

It is absolutely necessary to provide a valid mailing address, complete name and real contact telephone number in order for the transport agency to make the delivery satisfactorily.

Products will not be delivered to post office boxes or public places.

Once the order has been processed and delivered to the carrier DAYMSA will send the Shipping Confirmation to the Customer by e-mail. Likewise, he/she will be provided with a Tracking Number supplied by the agency that can be used to track the situation of the shipment.

In the appropriate time period, the carrier service will contact the Customer to agree on delivery at his/her address. If the Customer is absent at the time the delivery is made, a notification will be left for him/her to contact the carrier again and agree upon another delivery.

Although DAYMSA always prepares its shipments with the maximum diligence, it is possible that the package may arrive in poor condition due to the carrier or inappropriate handling in transport. It is of fundamental importance that the Customer check the condition of the package prior to its receipt, and if he/she detects any type of external damages, ALWAYS indicate this on the carrier’s delivery note (package dented, wet, etc.) before signing it.

The Customer must communicate any type of incident by e-mail to the Customer Service Department in mail@daymsa.com within 24 hours after the receipt of the shipment, to make the pertinent claim.

After this period, DAYMSA will not be liable for any claim for this reason.

TRANSPORT PRICES

Prices are applied according to the Carrier Agency chosen and the delivery zone and weight in kg. of the shipment.

The delivery times are estimated and, although DAYMSA will do everything possible to fulfil its obligations derived from the Contract, it will not be responsible for delays or non-fulfilment if the delay or non-fulfilment is due to force majeure. In case of delay, DAYMSA will fulfil its obligations as soon as is reasonably possible.

METHODS OF PAYMENT

The payment of the price of the goods purchased and of the shipping expenses, which will appear on screen, can be made both by credit or debit VISA card or MASTERCARD or by PAYPAL, in conformity with the methods of payment that all times are indicated on screen.

To make payment, the Customer must select the method of payment and rigorously follow each and every one of the instructions that appear on screen.

As a system of electronic payment, the DAYMSA on-line shop has a built-in payment gateway for secure electronic commerce (virtual POS) of SERVIRED, SUPPLIED BY THE Banco de Sabadell.

All the data provided for these purposes are encrypted to guarantee the maximum security of the same. They are stored in a certified secure server according to the SSL AES 256 protocol.

Remember that DAYMSA will never request information of your identifiers, accounts, cards and passwords by e-mail, or by any other means that is not the payment gateway of the entity Banco Sabadell.

For other options or doubts regarding the method of payment, the Customer can send his/her enquiries by e-mail to mail@daymsa.com

GUARANTEES AND DEFECTIVE PRODUCT

All our products are guaranteed, in the legally established terms, for a period of two years from the date of delivery.

Deficiencies caused by negligence, impacts, and improper use or handling are not included.

In those incidents that justify the use of the guarantee, there will be option for substitution of the article, reduction or refund, on the legally established terms.

The guarantee will lose its value:

  • If any of the data of the same or of the proof of purchase are modified, altered, or substituted.
  • If the product is used without following the steps described in the instruction manual or corresponding technical documentation accompanying the same (if there is any).

The guarantee is personal and will be applicable only to the original buyer. The Customer must report any incident of the Products sending an e-mail to the following e-mail address: mail@daymsa.com. The e-mail must contain the order number provided at the time of purchase, identification of the product and a description of the defect discovered. Once the e-mail has been sent, the Customer will receive a written answer by e-mail and a summary with the information necessary to execute the guarantee or for the correct use of the Product acquired.

This is the only way to obtain the substitution, repair or refund of defective Products or those that are in the Guarantee period.

DAYMSA reserves the right to verify the reality of the defect claimed by the Customer or that the Products do not show signs of sabotage, improper use or damages caused by the Customer. Only after said verification, DAYMDA will proceed to substitute, repair or refund the Product, as applicable.

Substitutions will be carried out within a reasonable period of time after the request, taking into account the availability of substitute Products, as well as the expenses and time periods necessary to carry out the substitutions.

When substitutions are impossible or excessively onerous, the Customer will have the right to the termination of the contract (said termination will carry with it the return of the Product and the full refund of the amounts already paid).

RIGHT OF WITHDRAWAL

The Customer may exercise his/her right of withdrawal from the contract and return the product, without any reason, in a period of seven calendar months, from the date of receipt of the product.

In case of return, the shipping expenses of the order will not be refunded. Likewise, the shipping expenses of the return will be at the expense of the Customer. The Customer is strongly recommended to use a carrier service that allows him/her to control the goods sent to DAYMSA at all times, as DAYMSA will only be responsible for them once they have been received at its installations.

To carry out the return, an e-mail must be sent to mail@daymsa.com including the Order number, name of the Product to be returned and, at the discretion of the Customer, a brief description of the reasons for withdrawal.

Once the e-mail is sent, the Customer will receive by the same means the reply from DAYMSA and a summary with all the necessary information to exercise said right to withdrawal. To carry out the return, the product must be in perfect condition, in its original packing and with the technical specifications included if applicable.

The goods must likewise be delivered to the carrier in perfect condition, packed in a closed and sealed wrapping that covers its original packing. The package must be perfectly identified and marked according to the indications provided by DAYMSA.

Once the goods are received in the DAYMA warehouses, and after checking the condition of the same, its price will be refunded according to the payment method used by the Customer (with the exception of the shipping expenses).

CANCELLATION OF THE PURCHASE

DAYMSA reserves the right to cancel orders or certain Products of an order in any of the following circumstances:

  • Products categorized as unavailable or outside catalogue.
  • Products that cannot be delivered due to problems, whatever these may be.
  • Fraud relating to the credit card.

DAYMSA will inform the Customer regarding the cancellation of any order and will refund all amounts paid for said order within the following 30 calendar days.

The Customer can likewise cancel his/her Order if it has not yet left the installations of DAYMSA. To cancel an Order the Customer must send an e-mail to the following e-mail address mail@daymsa.com always indicating the Order number.

If the Customer has already received the Order Confirmation and therefore, the order is already in transit, the Customer may exercise his/her right to withdrawal once it has been received at his/her address. In this case, the Customer must make the return in the period of seven calendar days from the date of receipt of the shipment. The shipping expenses of the order will not be reimbursed and the shipping expenses of the return will be at the expense of the Customer.

To carry out the return the Customer must send an e-mail to mail@daymsa.com including the Order number, name of the Product to be returned and, at the discretion of the Customer, a brief description of the reasons for withdrawal. Once the e-mail is sent, the Customer will receive by the same means the reply from DAYMSA and a summary with all the necessary information to exercise said right to withdrawal.

ERRONEOUS ORDERS AND SHIPMENTS

In any event, the return of the products that do not correspond to that which is requested in the order, erroneous shipments or defective products (unsolicited goods or goods that do not coincide with the Order Confirmation issued and sent by DAYMSA) will be allowed. DAYMSA will pay the shipping and collection expenses as long as the products have their original packing as long as the Customer has communicated this circumstance in a period of seven calendar days from the date of receipt of the shipment.

DAMAGES, LOSSES AND DELAYS IN SHIPMENTS

DAYMSA agrees to deliver the goods bought by the Customer, to the address of the Buyer indicated for this purpose on the Order Form (Products will not be delivered to post office boxes or public places), in the estimated time period and, in any event, always within thirty (30) calendar days from the date of formulation of the order.

The ownership and the risk of loss of its Products will be transferred to the Customer upon delivery of the Products.

FORCE MAJEURE

DAYMSA will do everything possible to fulfil its obligations derived from the Contract. Nevertheless, it will not be liable for delays or non-fulfilment if the delay or non-fulfilment is due to force majeure. In case of delay, DAYMSA will fulfil its obligations as soon as is reasonably possible.

LIMITATION OF LIABILITY

DAYMSA is exempted from every type of liability in the following cases:

DAYMSA will not be liable for the defects of products acquired by the customers beyond that which is required by the applicable legal regulations.

DAYMSA will not be liable for damages as a result of poor operation of the carrier, especially due to strikes, traffic jams, and in general, any others typical of the sector, resulting in delays, losses, or theft.

DAYMSA will not be liable for those damages that may be caused to the product, losses or theft during transport that has not been communicated within a period of 24 hours and describe don the delivery note of the carrier as previously indicated.

In the event that on the part of DAYMSA the customer cannot be sent a product requested due to a fortuitous cause or of any other type, DAYMSA is exempted from all liability for the damages that this may cause the Customer.

OBLIGATIONS OF DAYMSA

These Conditions detail the obligations and responsibilities of DAYMSA in all their extension with respect to the supply of the Products; there are no guarantees, conditions or other binding terms for DAYMSA except for that which is expressly stated in the Contract.

The maximum total responsibility of DAYMSA, according to the Contract, whether for contractual responsibility, non-contractual responsibility (including negligence) or others, will under no circumstances exceed the amount that the Customer has paid for the Product/s and/or Services in question.

RESERVATION OF RIGHTS

DAYMSA reserves the right to refuse certain purchase requests, prior to their formalization, without any justification.

Likewise, DAYMSA may at any time terminate the contract, due to the existence of pending debts or due to the suspicion or conviction that these conditions will not be fulfilled or have not been fulfilled or when, upon accessing the web site, the Customer disturbs the normal operation of the system, as indicated in the conditions for use of the site.

DAYMSA reserves the right to modify these General Conditions at any time and without advance notice. These modifications will be published on the web site, so that the Customer can know them before using them. For this reason, the Customer must carefully read these General Conditions each time he/she visits the web site. The use of the site and/or the services, once the applicable General Conditions have been modified, will mean that the Customer accepts said conditions.

DAYMSA reserves the right to cancel or suspend the order of a product, duly notifying the Customer and making the pertinent refunds.

VALIDITY OF THESE RULES

These rules are the only ones that govern the relationship between the Customer and DAYMSA, replacing every verbal or written agreement that has previously governed the parties.

The clauses will always be interpreted so that they produce effects. If according to the interpretation of these rules, one or more clauses result in nullity, all others will remain fully in force.

DURATION OF THE PURCHASE CONDITIONS

The duration of the offer and the price of the Products will correspond to the time that they are published on this web site; therefore, DAYMSA reserves the right to modify these General Conditions at any time.

If the General Conditions change, the new conditions will be valid and may be required only with respect to the orders that the Customer sends after said revised conditions are published on this web site. As a result, DAYMSA invites the Customer to revise the most recent version of the sale conditions prior to making an order, and also invites the Customer to print a copy of the same or to store it electronically.

AFTER-SALES SERVICE, INFORMATION AND COMPLAINTS

For any clarification, claim, complaint or information relating to after-sales service, the Customer may contact DAYMSA by sending an e-mail to mail@daymsa.com or sending written communication to the address of DAYMSA indicated in the first clause of these Conditions, to the attention of the Quality Department.

APPLICABLE JURISDICTION

Both parties agree to submit to the laws of Spain for the resolution of all conflicts that may arise through the application, interpretation and fulfilment of these General Conditions and these will be resolved by the Courts of the city of Zaragoza.”