This document will regulate the general terms and conditions for contracting products with Ralco Europa S.L., particularly through the website www.ralcoeuropa.eu, owned by Ralco Europa S.L. These terms and conditions regulate commercial transactions only with businessmen and professionals under the terms provided in article 4 of Spanish Royal Legislative Decree 1/2007, of 16 November (hereinafter LGDCU and the ‘client’, respectively), excluding consumers or users under the terms provided in article 3 LGDCU.
Acceptance of this document implies that as a client you have read and understood what is indicated here, that you are a person with the capacity to contract, and that you assume the obligations set forth herein. This document will have an indefinite period of validity and will be applicable to all product purchases made through the website www.ralcoeuropa.eu and other non-face-to-face means such as email, telephone or fax.
Ralco Europa S.L. reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, www.ralcoeuropa.eu will notify by publishing an announcement on the website, without this affecting the products or services that were purchased prior to the modification of the conditions.
By accepting the conditions, the client is bound by these terms, which together with the Privacy Policy govern the commercial relationship between the parties. If you do not agree with any part of the terms, you will not be able to purchase any of the products offered.
The object of the contract is the sale of goods, in particular spare parts for refrigeration compressors and/or other items related to refrigeration, industrial refrigeration and air conditioning.
In accordance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following information is provided to the client:
The Customer Area of www.ralcoeuropa.eu is the only place on the website where customers can access product prices and availability, and place online orders. Access to this Customer Area is controlled at the discretion of Ralco Europa S.L., who may grant or remove access to different customers at their discretion. As a general rule, only companies that are already customers of Ralco Europa, i.e. that have already made a purchase previously, will be considered for access to the Customer Area. Therefore, being a customer of Ralco Europa S.L. does not guarantee or entitle you to access the Customer Area of www.ralcoeuropa.eu.
Access to the Customer Area first requires the identification of the customer company using its tax identification number, as stored by Ralco Europa S.L. in its database, and a password that will be provided by Ralco Europa S.L. Clients can request this access password from Ralco Europa S.L. by email. Next, the identification of the person who is accessing is required by means of their name and contact email. This email must be previously validated using an activation code before entering the Client Area, since it will be used to place orders and/or quotes online.
The access code to the Client Area can be used by several people from the client company. Each person must truthfully identify themselves during the registration process.
The access code to the Customer Area is strictly confidential, and its disclosure to third parties is strictly prohibited.
The online contracting procedure can be carried out through the Customer Area of www.ralcoeuropa.eu in several languages, currently in Spanish-Castilian, English, French, Portuguese, German, Danish, Turkish and Arabic. However, the contractual documents that Ralco Europa will receive, i.e. online orders and/or quotes as such in PDF format, are only available in Spanish-Castilian and English.
The contract is concluded through the online shopping cart system as follows:
The products intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to open the “shopping cart” and make changes there at any time.
After clicking on the “Process Order” (or similar) section, the order details will be displayed in summary form, including the customer’s company details, the information of the person making the request (name and email), and the delivery address – which can be changed at that time. In addition, the customer can choose whether a quote is required, so that Ralco Europa S.L. can confirm prices and availability of the selected items, or whether it is a firm order. Once the “Send” (or similar) button is clicked, and a confirmation pop-up window is affirmatively accepted, an email will be sent with the generated PDF document containing the selected items (quote or order, only available in Spanish-Castilian or English) to Ralco Europa S.L. and to the customer’s email.
The prices shown in the Customer Area do not include VAT, or other taxes or costs, under the Ex Works incoterm. This is because the tax information of the clients, whether they must pay VAT or not and in what amount, is not incorporated as such on the website. This information, as well as the final price with taxes, will be provided by the Ralco Europa S.L. team once the online sales order is confirmed. The client will be able to access this document in PDF format, whether it is a quotation or a firm order, once it is generated by Ralco Europa S.L., in the Sales History section in the Customer Area.
All prices and payments to Ralco Europa S.L. are in euros €. Any other currency shown on the website is for informational purposes only.
The prices shown on the website will be considered valid and binding, unless there are typographical or computer errors. If any such error occurs, beyond the control of Ralco Europa S.L., it will be corrected immediately and the customer will be notified, who will have the right to cancel the purchase at no cost to him/her. If, once Ralco Europa S.L. has contacted the customer, and no response is received from him/her, the order will be considered cancelled and the amounts paid will be fully refunded.
Likewise, the prices shown on the website will not be considered valid and binding if in the "Process Order" confirmation screen, as well as in the subsequent generated PDF document, it is explicitly stated that the price must be verified by Ralco Europa S.L. staff. In such case, the customer will receive a quote with confirmed prices and availability, which the customer may accept to confirm the order, preferably by email, or reject it at no cost.
The costs arising from payment transactions, whether of bank or similar origin, will be borne by the customer.
If the previously agreed payment period is exceeded, or in the event of late payment, Ralco Europa S.L. will charge interest at a rate of 8 percentage points above the base interest rate of the European Central Bank, unless higher interest rates have been previously agreed. In addition, Ralco Europa S.L. will be entitled to charge an additional late payment amount of €50 to cover additional costs. Ralco Europa S.L. reserves the right to claim other damages, in particular additional costs related to exchange rate fluctuations and hedging. In addition, Ralco Europa S.L. is authorized to decide whether, in the event of a possible delay in payment by the customer, we require immediate payment of the remaining purchase price and whether we condition the other supplies of this contract or other contracts on a prior security deposit, or a partial or total advance payment for supply.
The photographs shown on the website are for identification purposes. The final products delivered may differ slightly from those shown in the photographs without affecting their functionality or validity. If the customer considers that the delivered product differs substantially from that shown in the photographs on the website, they may file a claim with Ralco Europa S.L. as explained in the complaints section.
Customers with access to the Customer Area have general information about the availability of products in our warehouses. Due to the large number of products we offer, in the order of tens of thousands, many of them are not in stock and can only be provided upon firm order.
The stocks shown on the website are for guidance only and are in no way contractual. Once the Ralco Europa S.L. team processes your purchase order, the customer will receive information about the availability and/or delivery time of the parts requested. With this information, the customer has the right to modify the initial order or cancel it completely if they so wish.
Ralco Europa S.L. undertakes to offer its customers realistic delivery times based on the normal and expected work of its suppliers and manufacturers, as well as the means of transport commonly used. Likewise, Ralco Europa S.L. undertakes to notify customers as soon as possible if significant delays arise to the delivery time initially given. However, Ralco Europa S.L. is not responsible for any costs or financial penalties that may arise from failure to comply with the delivery time initially, or subsequently, given.
The prices shown in the Customer Area do not include transport. It is the customer's responsibility to arrange for the collection and transport of the purchased products from our offices at c/ Almirall Pròixida 14-16 Bajos, Barcelona (Spain), as well as all associated costs. However, the customer may request Ralco Europa S.L. to delegate the organisation of transport in the order request. In such case, the associated costs will be included in the sales order. The transport used will be selected by the company, not by the customer; we currently work mainly with Mail Boxes Etc. The customer has the right to reject the transport conditions offered by Ralco Europa S.L., and organise the collection and transport themselves, but they do not have the right to renegotiate them.
Acceptance of an order by Ralco Europa S.L. does not imply that the company agrees to take charge of its transport; the final responsibility lies with the client.
Ralco Europa S.L. can send orders to any country in the world, in accordance with current legislation, and undertakes to provide the necessary documentation to facilitate the import and customs process, which is the responsibility of the client. All costs of the import process and customs clearance to third countries shall be borne by the customer.
Orders received after 3:00 PM CET (Central European Time) or modifications to existing orders may not be processed until the following business day. Clients are responsible for placing orders early if same-day processing and/or shipping is desired.
Furthermore, if the delivery deadline is not met due to force majeure, such as a result of a mobilisation, war, riot, natural disaster, interruption of communication channels or similar events, such as a strike or lockout, the corresponding delivery deadline shall be automatically extended for the duration of the force majeure.
The same shall apply if such incidents affect suppliers of Ralco Europa S.L. or if other unforeseeable circumstances occur that are not attributable to Ralco Europa S.L. In this case, Ralco Europa S.L. Ralco Europa S.L. reserves the right to cancel such supplies in part or in full without any obligation to compensate the customer.
The risk of shipment, including the risk of seizure of the goods, will be transferred to the customer in all transactions, including shipments without freight or with freight paid, at the time the goods are handed over to a transport agent or carrier, but at the latest at the time the goods leave our warehouse. Ralco Europa S.L. will only provide insurance for the goods if requested by the customer, who must bear the costs.
Within the online purchasing process at www.ralcoeuropa.eu there is no form of immediate payment because it is a business website between entrepreneurs and professionals (art. 4 LGDCU), and not with consumers or users (art. 3 LGDCU). Since all companies with access to the Customer Area are already clients of Ralco Europa S.L., the payment method for this client will have been previously established. This payment method will be considered the default for orders placed through the website.
Payment conditions must be negotiated in advance, typically by email or telephone, but in no case will they exceed the period of 60 calendar days established by law (11/2013 of July 26). For special orders, Ralco Europa S.L. reserves the right to modify the previously agreed payment conditions; for example, in large orders, partial payment may be required in advance.
Clients with access to the Customer Area will be able to download in PDF format the invoices issued by Ralco Europa S.L. to their company, and obtain other information such as payment due dates. In the event that the client does not have access, invoices will be sent to him/her by email or by regular mail as previously notified.
For information purposes, the usual payment conditions for new clients, and therefore not using the Customer Area of www.ralcoeuropa.eu, is the advance payment of 100% of the order by bank transfer.
Ralco Europa S.L. collects and pays exclusively with CaixaBank and Banco de Sabadell, both with branches in Barcelona. The client can verify both bank accounts in the following bank ownership certificates, both digitally signed.
Bank Ownership Certificates - only for clients with access to the Client Area
If a customer fraudulently receives payment information different from that initially agreed and indicated here, particularly if it is a bank other than the two previously indicated, he/she is obliged to contact Ralco Europa S.L. by telephone or by email at ralco@ralcoeuropa.com to confirm said change, since it is possibly an attempt at identity theft (commonly known as phishing and/or spoofing).
To minimize cases of identity theft, particularly through modifications of PDF documents initially created by Ralco Europa S.L., we are implementing the use of digital certificates in PDF documents. The PDF documents that the customer downloads from the Customer Area of this website are signed with a digital certificate from Ralco Europa S.L. For more information about the use of digital certificates to verify the integrity of our PDF documents, please read the following Security documentation.
Ralco Europa S.L. is not responsible for any costs if a customer is the victim of a phishing attack using our information, such as articles, descriptions, prices, logos, or commercial documents in general, and the customer pays to a bank account other than those indicated here at CaixaBank or Banco de Sabadell.
If a customer places an order through the Customer Area of www.ralcoeuropa.eu, it will be considered a firm order, without the need for further confirmation, if: (1) all prices shown on the website and in the generated PDF document, as well as the discounts applied, are correct; (2) all ordered material is available in stock and ready for delivery; (3) Ralco Europa S.L. is not required to take care of transport, and the transport to be arranged by the customer is indicated in the order or has already been mentioned previously. In any other case, Ralco Europa S.L. will contact the customer with any missing information, for example, the delivery time of the unavailable material or the cost of transport. The customer has the right to modify or cancel the initial order taking into account the new information. Finally, if the customer agrees with the conditions offered, he must confirm the order, preferably by email, for processing.
The customer understands that Ralco Europa S.L. is a supplier of alternative spare parts, totally independent and different from the original compressor manufacturers (OEM). Consequently, the customer acknowledges that the products supplied by Ralco Europa S.L. will be totally or mostly non-original.
All brand names, models, original codes, descriptions, illustrations, exploded views, etc. related to the original OEM producers are used on this website and in our commercial documentation merely for the purposes of identifying our products.
At the time of receiving the order, the customer has the obligation to verify whether the delivered goods comply with what was requested in order to make any claim.
If the goods are damaged or in poor condition due to transport at the time the buyer receives them, it is mandatory for the buyer to indicate the appropriate exception on the carrier's delivery note, in order to be able to make any claim or replacement of the aforementioned goods.
The customer will have the right to make a claim to Ralco Europa S.L. for defects in the quantity and quality of the products received, provided that they notify Ralco Europa S.L. in writing within 30 calendar days from the date of delivery (correction of hidden defects, art. 342 of the Spanish Commercial Code).
Once Ralco Europa S.L. receives written communication of the claim regarding the customer's order, it will evaluate whether there is an attributable defect using the information received, such as photographs, videos, etc. In the event that Ralco Europa S.L. detects any defect attributable to Ralco Europa S.L., it will expressly notify the customer of the acceptance of the requested return and will proceed, at the discretion of Ralco Europa S.L. after consulting with the customer, to refund the purchase amount or replace the defective products in their entirety. The return shipping costs will be borne by Ralco Europa S.L. only if the return has been accepted by us and if the customer has made it through the indicated transport agency.
If the customer does not immediately give Ralco Europa S.L. the opportunity to verify the defect and, in particular, if he does not provide visual or other evidence of the defects of the product subject to the claim, as well as evidence that such product has actually been sold by Ralco Europa S.L., the client will lose any right to claim for material defects.
Claims for spare parts that have already been used in a repair, and where the compressor has worked correctly for a reasonable time, are very difficult to process due to the multiple causes of compressor failure, many of them unrelated to the quality of the spare parts – such as the cleanliness of the installation – to which Ralco Europa S.L. does not have access nor information. In any case, at Ralco Europa S.L. we are committed to addressing all of our customers' complaints, to consider the evidence presented, and in the event that Ralco Europa S.L. accepts that a product has not met the expected quality, it will proceed to its material or economic replacement. No claims of any kind will be considered 6 months after delivery of the product.
Claims for defects will not be accepted if the defect is due to failure to comply with the operating, maintenance and installation instructions, improper or inadequate use or storage, faulty or negligent handling or assembly, normal wear and tear or manipulation of the product supplied by the customer or a third party.
Excluded are any costs incurred by the customer to remedy a defect without complying with the legal requirements for this. Ralco Europa S.L. will not be liable for costs incurred by a possible transfer of the goods to a place other than the customer's registered office or branch, unless this is in accordance with contractual usage. Any other claims, including damages for defects or consequences arising from them, are excluded.
The customer may return the goods within 30 days after prior written agreement with Ralco Europa S.L. Without this written authorization, Ralco Europa S.L. shall have the right not to accept returns sent cash on delivery and not authorized. The goods must be returned in perfect condition and in their original packaging, intact and fully functional. If the return is not due to a fault or error by Ralco Europa S.L., a processing fee of €30 may be charged.
In principle, products that Ralco Europa S.L. that has been explicitly ordered for a special order cannot be returned.
When the product delivered does not correspond to the one ordered, due to an error attributable to the company, the customer must notify the company by email or telephone as soon as possible; Ralco Europa S.L. will be responsible for the organization of the transport and the costs of the product sent by mistake and delivery of the one corresponding to the order placed.
Ownership of all material supplied will not be transferred to the customer until the full price has been paid under the agreed conditions, with Ralco Europa S.L. reserving ownership of the goods sold, with the customer being the custodian of the goods until the agreed price has been paid in full.
All commercial information transmitted to the customer, including quotes, orders and invoices, will be considered confidential and their disclosure to third parties outside the customer's company is expressly prohibited. Likewise, all information accessible within the Customer Area of www.ralcoeuropa.eu will be considered confidential, unless it is also accessible outside the Customer Area.
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
Ralco Europa S.L. does not assume any responsibility for any inaccuracy or omission or for the consequences arising from the use of the material or content included on the website, and more specifically the company is exonerated from all responsibility for any risk or loss that may occur as a direct or indirect consequence of the use of any material or content that appears on the website.
The language of the general contracting conditions and which governs what is agreed in these conditions is Spanish – Castilian as provided here. Any translation made to them and, in case of discrepancy, the Spanish-Castilian language will be applicable for its resolution and interpretation.
The competent jurisdiction will be that of the registered office of Ralco Europa S.L., the parties expressly submitting to the applicable Courts and Tribunals to resolve any disputes that may arise in the interpretation and/or execution of this contract.
The contractual relations between the parties are governed by the common law of Spanish Laws.
If any of the clauses of these general conditions were invalid or void, this circumstance will not affect the validity of the remaining clauses. The invalid clause will be replaced by the Parties by a valid regulation that, to the extent legally possible, is as close economically as possible to the content of the replaced clause and, failing that, by the Law.