Terms and Conditions

General terms and conditions for the sale of products with Telefónica Tech branding from its online shop

1. CONDITIONS AND ACCEPTANCE

1.1. Object

The General Conditions described below (hereinafter, the "Conditions") regulate the relations between TELEFÓNICA TECH, S.L.U. (hereinafter, "TELEFÓNICA TECH"), with Tax Identification Code nº A-B-78529724, domiciled in C/ Gran Vía 28, C.P. 28013, Madrid, registered in the Mercantile Registry of Madrid, Volume 15735, Folio 213, Page nº M-32558, as the selling party, and the client, as the purchasing party, (hereinafter, the "Client" or the "User") in all matters relating to the purchase of products through the telefonicatechshop.com website (hereinafter, the "Website"), as the selling party, and the client, as the purchasing party, (hereinafter, the "Client" or the "User") in all matters relating to the purchase of products through the telefonicatechshop.com website (hereinafter, the "Website”).

1.2. Acceptance

Acceptance, without reservation, of these Conditions is essential for the purchase of any product with Telefónica Tech branding (hereinafter, the Product) on the Website.

The Client declares, in this sense, to have read, understood and accepted the present General Conditions, which are available at all times on the Web.

The purchase of the Product is also subject to all the notices, regulations of use and instructions made known to the Client by Telefónica Tech by any means, which complete the provisions of these Conditions insofar as they do not oppose them.

2. BASIC ASPECTS OF THE CONTRACT

2.1 Purchase channels

Any of the Products that are available on that date in the Telefónica Tech commercial catalogue of products, which can be found on the Telefónica Tech website, may be purchased.

2.2 Contracting requirements

Products may only be purchased by natural persons of legal age. As for natural persons of legal age and/or legal persons who are not located in Spanish territory, they will have to arrange shipment from somewhere in Spain to their place of residence, at their own expense.

Likewise, it is a requirement of the contract that payment is made using only authorised means of payment, as detailed below. Under no circumstances will orders be accepted for purchases made by minors, or using payment methods that are not expressly authorised, or when fraud or identity theft are involved.

The User also understands and accepts that some Products or payment methods may only be available to those who meet certain additional requirements, including, but not limited to, seniority as a Client, means of payment, type of service, procurement channel, etc. The User will be informed of these requirements or circumstances in each case prior to purchasing or during the purchasing process.

2.3 Terms of delivery

We ship by courier service through our trusted distributor.

The delivery period for each Product purchased by the Client on the Website may vary depending on the location and will always be indicated at the time of purchase.

Delivery will be made within 1 to 2 working days when the delivery address is on the Peninsula, and within 1 to 5 working days when the delivery address is on the Canary Islands or the Balearic Islands.

In the event that a model is not available at a specific time or is discontinued, Telefónica Tech will notify the Client as soon as possible, and in this case, the Client may decide between receiving a product with similar characteristics and price, waiting for the product to become available again, with Telefónica Tech having indicated the maximum period in which it will be available, or deciding to terminate the contract. If the Client chooses to terminate the contract, Telefónica Tech will proceed to refund the amounts paid by the Client.

Likewise, if at the time of delivery the Client is not at the address provided, a notice will be left and a new delivery date will be arranged. If the Client does not respond or Telefónica Tech determines in any other way that delivery is not possible for reasons beyond its control, it will immediately proceed to cancel the order, as well as to refund to the Client the amounts paid by the Client in relation to the purchase of the Product.

2.4 After sales service

The Client may consult on the Website the appropriate channels of communication for the management of any incident or repair request that may be made to Telefónica Tech, by completing the form at the following link and sending it by email to telefonicatechshop@telefonica.com. Once the information corresponding to the Product has been completed, the associated expenses for transport costs and/or the costs of rejecting the quote will be indicated.

If the Client requests the repair, the latter will communicate the corresponding quote and, if the Client accepts it in writing, the repair of the fault will be carried out and the amount will be invoiced the following month, regardless of the determined price.

3. CLIENT OBLIGATIONS

3.1. Pricing, invoicing and payment

Telefónica Tech will apply and the Client will be obliged to pay the price corresponding to the Product purchased in force at any given time, as well as, where applicable, the corresponding shipping costs.

Both the specific price of the product or service and, where applicable, the shipping costs, will be available prior to the formalisation of the contract. Likewise, complete information on the corresponding product or service will be provided prior to the purchasing process.

All prices indicated are final. They include the tax corresponding to the delivery address: Peninsula and Balearic Islands (VAT), Ceuta and Melilla (IPSI) and Canary Islands (IGIC).

3.2. Payment and invoicing

Invoicing for the Products purchased shall be made in advance. The invoice will be issued in accordance with the provisions of this clause and may be consulted by the Client at any time with their order number in the private area of the website.

Payment of the invoiced amount shall be made by credit card or financed, depending on availability. In the event that it is possible to use the financed purchase option, the conditions will be determined in the contracting process and will be contracted directly with the financier, for which reason the Client must accept their specific terms and conditions, with financing being a different contract and not covered by what is specified in these conditions.

The invoice is sent on paper to the address indicated by the Client, and the electronic invoice can also be downloaded from the user's private area.

4. COMMITMENTS AND OBLIGATIONS

4.1. Client Obligations

• The Client undertakes to use both the sales platform and the products and services purchased through it diligently and in accordance with the law, morality, generally accepted good customs and public order, as well as in accordance with these Conditions and, in particular, to refrain from using the goods purchased for purposes other than those expressly permitted in these Conditions.

• In line with the above, the Client also undertakes to use any products or services purchased in accordance with the functionalities defined in the Conditions corresponding to each product or service.

• The Client undertakes not to use the products and services purchased in a manner or with effects contrary to the law, morality and generally accepted good customs or public order.

• The Client undertakes to inform Telefónica Tech of any incidents that prevent them from enjoying the product or service purchased.

• In the case of physical devices, the Client undertakes not to physically open the equipment or modify or introduce physical elements into it. Nor may the Client make modifications to the parameters of this equipment that would imply a change in the characteristics of its homologation.

• The Client will be liable to Telefónica Tech for any use other than the functionalities or features included in the service or product purchased in accordance with its conditions, and which may cause damage or harm to Telefónica Tech or third parties and, in particular, any use of the Telefónica Tech services that involves a resale or commercialisation of said products or services.

4.2. Telefónica Tech's obligations

• Telefónica Tech undertakes to make the purchased products or services available to the Client or to inform the Client of their impossibility as soon as it becomes aware of the circumstances that will make their delivery or provision impossible. In the latter cases, the Client will have the right to cancel the purchase and Telefónica Tech will not charge the Client any amount for said Product.

• Telefónica Tech undertakes to keep up to date the information on the products and services, as well as their prices and delivery costs.

• Telefónica Tech shall not be liable for any loss of the products or services that are not attributable to Telefónica Tech or for any business losses, including lost profits. Telefónica Tech shall also not be liable for any delay or failure to perform its obligations under these Conditions if such delay or failure is attributable to circumstances beyond Telefónica Tech's control or force majeure.

• Telefónica Tech reserves the right to suspend or definitively interrupt the services regulated in these General Conditions.

5. WITHDRAWAL

5.1. Legal right of withdrawal

The Client may cancel their purchase, without any reason whatsoever and without penalty, within a maximum period of 14 calendar days from receipt of the product or from the conclusion of the contract in the case of the provision of services. In order to exercise this right, the Client must notify Telefónica Tech, in an unequivocal manner, of their desire to withdraw from the contract before the end of this period. By way of example, but not exclusively, this can be done through one of the following channels:

- Send a written request to the following e-mail address .

It shall be the User's responsibility to prove that the notice of withdrawal has been validly given within the relevant period.

For notification, the Client may use the model withdrawal form available at this link, although its use is not obligatory.

In any case, you may also consult the specific conditions that may be included in the offer, promotion, advertising or contract for your specific service/purchase.

The right of withdrawal applies equally to new and pre-owned equipment.

5.2. Consequences of withdrawal

• In the event that you withdraw, we will refund all payments made by you (price of the product plus shipping costs, if any) no later than 14 calendar days from the date on which you unequivocally inform us of your wish to withdraw. For this purpose, we will use the same means of payment used for the initial transaction, unless you have expressly agreed otherwise.

• If you contract services that start to be provided during the withdrawal period, in the event of withdrawal, you will pay Telefónica Tech an amount proportional to the part of the service already provided at the time you inform us of your withdrawal, as well as, where applicable, the amount corresponding to the installation carried out or other expenses incurred by Telefónica Tech established in the withdrawn contract.

• In the event that you withdraw from a contract and the price to be paid has been totally or partially financed by means of a credit (either by Telefónica Tech or by a third party after agreement with Telefónica Tech), such withdrawal will imply the cancellation of the credit without penalty.

• If a Product has been delivered to you, you must return it, without undue delay and in any event within 14 calendar days from the date on which you inform us of your decision to withdraw. We will contact you for this purpose. The costs of such return shall be free of charge, unless otherwise stated.

• In order to proceed with the delivery of the devices or goods, please note the following:

- The equipment must be returned together with all the accessories delivered.

- The client must compensate Telefónica Tech for any possible damage to any of the components previously inventoried by Telefónica Tech and received by the client or for the return in packaging other than the original packaging.

- The client will be responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6. LEGAL GUARANTEE OF CONFORMITY

In the case of the purchase of new products on the Web, the Client has a three-year after-sales guarantee from the time of delivery, with Telefónica Tech being responsible for any lack of conformity of the product that may arise during this period.

The guarantee of the Products purchased through the Telefónica Tech website may be requested by completing the form at the following link and sending it by email to telefonicatechshop@telefonica.com. Once the information corresponding to the Product has been completed, the associated expenses for transport costs will be indicated.

Unless expressly stated otherwise in the corresponding warranty document, the warranty does not cover any failure, damage or breakdown resulting from improper installation, use or handling of the product, use for any purpose other than that for which it is intended or in any manner other than that indicated in the user manual, or due to force majeure or acts of God beyond the control of Telefónica Tech and/or the manufacturer, and in general, any other exclusions detailed in the warranty document that is delivered together with the Product.

The repair of faults excluded from the commercial guarantee due to misuse or inappropriate treatment, manipulations by persons outside the channels authorised by Telefónica Tech and those due to fortuitous events or force majeure, as well as damage caused by fault or negligence of the Client or third parties, will not be covered by the guarantee.

In the event that Telefónica Tech detects that a fault is due to one of the above causes, Telefónica Tech reserves the right to invoice the cost of the product to the Client.

7. CONFORMITY WITH THE GOODS COVERED BY THE CONTRACT

The Client has the right to have the goods covered by this contract conform to the description, type, quantity, quality, safety and possess the functionalities established in the Contract, as well as to obtain the corresponding update.

In the event that any goods do not comply with these requirements, the Client shall have the right to require Telefónica Tech to bring them into conformity, opting for their repair or replacement, unless Telefónica Tech can provide an alternative corrective measure that does not entail greater inconvenience for the Client. In any case, if the repair requires the delivery or removal of goods that are in the possession of the Client, the latter must place them at the disposal of Telefónica Tech following the instructions that are given for this purpose.

In the event that such bringing into conformity is impossible or involves disproportionate costs, as well as in those cases in which the repair has not been carried out within a reasonable period of time, the Client will have the right to request Telefónica Tech, by means of an express declaration, a reduction in the price of the Service by means of a discount on the invoice and proportional to the period of time during which the goods have not been in conformity, or the termination of the Contract, unless it is of minor importance.

8. MODIFICATION OF THE TERMS AND CONDITIONS

Telefónica Tech may modify and keep these Conditions up to date for the following reasons: variations in the technical characteristics of the equipment or networks, technological changes that affect the Service, variations in the economic conditions existing at the time of contracting the Service and market evolution.

The Conditions applicable to each contract will be those in force at the time the contract was signed. Therefore, you will always be able to find the date of the last modification of these Conditions.

9. PROTECTION OF PERSONAL DATA

Telefónica Tech informs that the data of its Clients and Users will be treated in accordance with the General Data Protection Regulation and the provisions of Telefónica Tech's Privacy Policy, the basic information of which is contained in this clause. The full content of the same can be consulted at the following link: https://telefonicatechshop.com/en/l/privacy.

In accordance with European personal data protection regulations and by virtue of the provisions of our Privacy Policy, the following Telefónica Group company is responsible for the processing of the Client's personal data: Telefónica Tech, S.L.U.

At Telefónica Tech we will process the Client's data in order to provide the Service/order, as well as for other purposes which, as a Client of Telefónica Tech, you allow or authorise us to do so in the terms set out in the Privacy Policy.

The personal data necessary for the execution of the purchase contract that the Client provides in the act of contracting, together with those obtained during the purchase-sale, as well as through the Client service and marketing channels, will be processed by Telefónica Tech as the Responsible Party and in compliance with all the guarantees included in the applicable regulations.

In addition to the processing included in the Privacy Policy, when accepting the present terms and conditions of purchase, it will be necessary to specifically process client data, contracted services, invoicing, the processing of which is necessary, in execution of the contract, for the provision of the Service.

On the other hand, for the correct provision of any of the purposes set out in the Privacy Policy, Telefónica Tech may entrust the processing of your personal data to trusted suppliers. An updated list of the categories of these suppliers, as well as of those who carry out international data transfers in the exercise of their functions, can be found at https://telefonicatechshop.com/l/privacy.

Telefónica Tech also guarantees the adoption of the necessary measures to ensure the confidential treatment of said data and informs you of the possibility of exercising your rights of access, rectification, erasure, objection, data portability, and your right to restrict processing, by sending a letter with the reference Exercise of Rights to the e-mail address gdpr-comms.tech@telefonica.com.

10. PROPER USE OF THE SERVICE

The Client undertakes to make reasonable use of the functionalities and features of the service for the sale of products and services. The Client will be liable to Telefónica Tech for any use other than the above that may cause damage or harm to Telefónica Tech or third parties and, in particular, for any use of Telefónica Tech's services that involves the resale or commercialisation of said services.

11. COMMUNICATIONS

Telefónica Tech may send its communications to the Client by post, e-mail, SMS or public disclosure of the same by any means of distribution. Similarly, the Client may send its communications to Telefónica Tech by e-mail, addressed to the Client service mailbox at . The Service Conditions, including the economic conditions, in accordance with current legislation, may be modified by Telefónica Tech at any time for legal, technical, operational, economic, service or market reasons. Said contractual modifications and, if applicable, the definitive closure of the Service, must be communicated to the affected Clients one month in advance. If the Client does not agree with the aforementioned contractual modifications, he/she may terminate the contract without penalty or remain in the service, in which case it will be understood that he/she accepts the modifications. The updated version of these Conditions will be included on the website: telefonicatechshop.com. The declaration of any of these conditions as void, invalid or ineffective shall not affect the validity or effectiveness of the other conditions, which shall remain binding on the parties.

12. CLAIMS

Regardless of other legal actions provided by law, complaints about the operation of the services, rates, billing, quality or any other issue that may arise in relation to the provision of the service, may be addressed to Telefónica Tech, through telefonicatechshop@telefonica.com, within a period of one month from the moment the fact or cause for the complaint becomes known, without prejudice to those cases in which the current regulations establish other periods for this purpose. In certain circumstances, and for a better resolution of the complaint, Telefónica Tech may offer the client the possibility of presenting the complaint in writing. At the same time as the complaint is made, the Client will be provided with the reference number of the complaint and may also request a document that accredits the presentation and content of the complaint. Once the complaint has been made, if the client has not received a satisfactory response from Telefónica Tech, within a period of one month, he/she may submit his/her complaint to the corresponding Arbitration Board.

13. LEGAL JURISDICTION

In the event that the Client has any incident or doubt in relation to the Service, the Client may contact Telefónica Tech for the resolution of said matter at telefonicatechshop@telefonica.com, for commercial attention and technical assistance. Spanish legislation will be applicable to these Conditions. In the event of any dispute regarding the interpretation or execution of the matter, the Client may refer any disputes arising from or related to the service to the Courts and Tribunals that are competent at any given time, in accordance with the provisions of the legislation in force.

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If they relate to electronic transactions with consumers, or to data protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, which is accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.

In addition, we remind you that you can access the European Union's online dispute resolution platform by following this link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Last updated: 15 September 2022