GENERAL TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

1.1 Identification of the website owner

In accordance with the provisions of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), the owner of this website is:

ClimaMania Sales Spain, S.L.
Tax ID (NIF): B66040577
Registered office: C/ Electrónica, 14 (Pol. Ind. La Ferreria), 08110 Montcada i Reixac - Barcelona (Spain)
Registered with the Commercial Registry of Barcelona, volume 43778, page 220, sheet B-438052.

Contact details:
Telephone: +34 93 328 24 21
Email: climamania@climamania.com
Website: www.climamania.com

1.2 Purpose and scope

These General Terms and Conditions of Sale (hereinafter the “General Conditions”) govern the contractual relationship between ClimaMania Sales Spain, S.L. (hereinafter “ClimaMania”) and any natural or legal person making a purchase through the website www.climamania.com (hereinafter the “User” or “Customer”).

These General Conditions shall apply to all purchases of products made through the Website, whether by private consumers or by professionals or companies, unless specific conditions have been agreed in writing between the parties.

1.3 Acceptance of the conditions

Placing an order through the Website implies the User’s full and unreserved acceptance of these General Terms and Conditions of Sale, as well as of the other legal policies published on the website.

The User declares that they have read, understood and accepted these General Conditions before placing their order.

If the User does not agree with these conditions, they must refrain from making any purchase through the Website.

1.4 Precedence of the conditions

These General Conditions constitute the sole contractual framework applicable to sales made through the Website and replace any other general or specific conditions, unless otherwise expressly agreed in writing between the Customer and ClimaMania.

In the case of professional customers, any general purchase conditions proposed by the customer shall not apply unless expressly accepted in writing by ClimaMania.

1.5 Amendment of the conditions

ClimaMania reserves the right to amend these General Conditions at any time in order to adapt them to legislative changes, case law developments or changes in the company’s business activity.

The conditions applicable to each purchase shall be those in force at the time the order is placed.

Any amendments published on the Website shall not have retroactive effect and shall not affect orders already placed before their publication.

1.6 Use of the website

Access to and use of the Website grants the status of User and implies the commitment to use the website in accordance with applicable law, good faith, public policy and these General Conditions.

The User undertakes not to use the Website for unlawful or fraudulent purposes or in any way that may cause harm to ClimaMania or to third parties.

2. HOW TO PLACE AN ORDER

2.1 Methods of placing orders

Customers may place orders with ClimaMania through any of the following methods:

a) Order through the website

Directly through the website www.climamania.com, available 24 hours a day, every day of the year. The purchase process is carried out by following the steps indicated on the Website, where the User may select the products, enter their billing and delivery details, choose the payment method and confirm the order.

Before completing the purchase process, the User will have access to an order summary where they may review the selected products, the applicable prices, any delivery costs and the corresponding taxes.

The User’s confirmation of the order implies acceptance of these General Terms and Conditions of Sale.

b) Order by email

The customer may place an order by sending an email to climamania@climamania.com or through the contact form available in the “Contact” section of the website.

In this case, the order must include at least the following information:

• Customer identification (name or company name).
• Billing and delivery address.
• Contact details.
• Requested products.
• Chosen payment method.

ClimaMania will confirm receipt and acceptance of the order by email.

2.2 Order confirmation

The receipt of an order does not automatically imply its acceptance by ClimaMania. The sales contract shall only be deemed concluded when ClimaMania expressly confirms acceptance of the order or proceeds with its dispatch.

ClimaMania reserves the right to reject or cancel orders in the following cases:

• Manifest errors in the price or description of the product.
• Lack of product availability.
• Reasonable indications of fraud in the transaction.
• Breach of these General Conditions.

If an already paid order is cancelled, the amounts paid by the customer shall be refunded in full using the same payment method used for the purchase, unless otherwise agreed between the parties.

3. PRODUCT INFORMATION

3.1 General information about the products

ClimaMania pays particular attention to the information relating to the essential characteristics of the products offered on the Website. Such information is provided by means of technical descriptions, specifications, documentation and photographs supplied by manufacturers, distributors or collaborators, as well as information prepared by the ClimaMania team itself.

All published information is provided within the limits of available technical means and with the aim of offering the customer a description of the products that is as complete and up to date as possible.

However, the information shown on the Website may contain typographical errors, transcription errors, pricing errors or variations arising from updates made by manufacturers, and therefore such information is for guidance only and does not constitute a binding contractual term.

Customers are advised always to check the technical characteristics of the product in the user and installation manuals accompanying it, or in the manufacturer’s official technical data sheets, which are in many cases available for download.

3.2 Product photographs and images

The images, photographs, illustrations and graphic representations of products published on the Website are for illustrative purposes only and are intended to facilitate product identification.

Due to the existence of different versions, production series, technical configurations or variations introduced by manufacturers, the final product may present aesthetic or presentation differences compared with the images shown on the website, without this implying any lack of conformity of the product.

Accordingly, the images published on the Website are not contractual.

3.3 Manufacturer variations

Manufacturers may modify at any time the technical characteristics, design, components or packaging of products without prior notice. Such changes may apply to the products supplied, provided they do not affect the essential functionality of the product.

ClimaMania shall not be liable for changes introduced by manufacturers when these occur after the publication of the information on the Website.

3.4 Accessories included in promotions or bundles

Accessories included in promotions, bundles or product sets offered on the Website may belong either to the manufacturer’s original brand or to compatible brands, provided they comply with the relevant quality and compatibility standards.

In all cases, the accessories supplied shall be fully compatible with the main product for which they have been designed.

4. PRICES

4.1 Currency and applicable prices

All sale prices indicated on the Website are shown in euros (€).

Unless expressly stated otherwise, the prices published on the website include the Value Added Tax (VAT) applicable in Spain and delivery costs for shipments within mainland Spain.

Excluded from this condition are deliveries to the Balearic Islands, the Canary Islands, Ceuta and Melilla, as well as any other destination outside mainland Spain, in which case the applicable transport costs, taxes or customs duties will be indicated during the purchase process or by prior quotation.

4.2 Applicable fees and taxes

In cases where certain products are subject to specific fees, levies or taxes established by the applicable regulations, such amounts shall be included in the final product price or duly indicated in the product description.

4.3 International transactions and currency conversion

ClimaMania shall not be liable for any differences that may arise between the estimated order amount in the customer’s local currency and the final amount invoiced in euros, as a result of exchange rates applied by the customer’s banking institutions or payment platforms.

4.4 Price changes

ClimaMania reserves the right to change at any time the prices of products published on the Website.

However, products shall be invoiced on the basis of the prices in force at the time the customer places the order.

4.5 Pricing errors

If a manifest pricing error is detected in the price of a product published on the Website, ClimaMania will inform the customer as soon as possible and offer them the possibility of confirming the order at the correct price or cancelling it.

If the order is cancelled, any amounts paid by the customer shall be refunded in full.

5. PRODUCT AVAILABILITY

5.1 Stock availability

All orders placed through the Website are subject to product availability in stock.

During the purchase process, the Website will inform the customer of the estimated delivery time for the requested products. This time is calculated on the basis of the stock available in ClimaMania’s warehouses and the supply commitments communicated by manufacturers or suppliers.

5.2 Unavailability

If, after the order has been placed, any of the requested products are unavailable or it is not possible to meet the initially indicated delivery time, ClimaMania will inform the customer as soon as possible by email.

That communication will indicate the new estimated delivery time or, where appropriate, the available alternatives.

5.3 Partial deliveries

If any of the products included in the order are not available at the time of preparation of the order, ClimaMania may dispatch the available products and send the remaining products in a later shipment once they become available.

In such cases, ClimaMania shall bear the additional delivery costs arising from the second shipment.

5.4 Product substitution

In cases where the requested product is unavailable or its supply is not possible for reasons beyond ClimaMania’s control, the customer may be offered a product with equivalent characteristics, quality and price.

The customer may accept or reject such substitution. If they do not accept it, ClimaMania will refund all or part of the amount corresponding to the unavailable product, as appropriate.

5.5 Informational nature of delivery times

The delivery times indicated on the Website are estimates and are provided for information purposes only, based on the information available at the time of purchase.

Unless a specific delivery time has been expressly agreed in writing, the indicated times shall not be contractual.

6. SHIPPING AND DELIVERY CONDITIONS

6.1 Geographical scope of deliveries

Unless otherwise expressly agreed between buyer and seller, products purchased from ClimaMania shall be sent to any point in mainland Spain with shipping costs included and with kerbside delivery, in accordance with the conditions described in section 6.2.

For deliveries to the Balearic Islands, the Canary Islands, Ceuta, Melilla or other destinations outside mainland Spain, transport costs, as well as any applicable taxes, levies or customs duties, shall be calculated according to the weight, volume and destination of the goods and shall be communicated to the customer before the order is finalised.

If the customer wishes to receive their order in a geographical area not included in the Website form, they must first request a transport quotation by sending an email to climamania@climamania.com indicating the information necessary for the preparation of the quotation. ClimaMania shall inform the customer of the amount of the additional delivery costs and any taxes or customs duties within a maximum period of 24 working hours from receipt of the request.

6.2 Delivery address

Orders shall be sent to the delivery address indicated by the customer during the purchase process, unless the customer specifies a different address in the observations or comments section of the order.

The customer is responsible for correctly providing all the information necessary for delivery of the order. ClimaMania shall not be liable for delays or incidents resulting from incomplete, inaccurate or incorrect addresses provided by the customer.

Changes of address communicated once the order has been dispatched may give rise to additional transport costs, which shall be charged to the customer.

6.3 Dispatch and delivery times

Unless otherwise expressly agreed between buyer and seller, or unless otherwise stated on the Website, the usual dispatch time for orders shall be between 2 and 5 working days.

Deliveries shall be made through one of the transport agencies with which ClimaMania operates.

Where the product is shown as available on the Website and the order is placed before 13:00, the order may be dispatched on the same working day, provided there is actual availability in stock.

If the product is not immediately available in our warehouse, the delivery time may increase by approximately 48 additional hours or by the time necessary to receive the product from the supplier.

6.4 Delays in delivery

ClimaMania makes all reasonable efforts to meet the delivery times indicated on the Website. However, such times may be affected by circumstances beyond the company’s control, such as logistical incidents, supplier delays, acts of third parties (manufacturers, carriers or customers), adverse weather conditions, transport strikes or force majeure events.

In these exceptional cases, ClimaMania shall not be liable for delays arising from causes beyond its control.

6.5 Transport incidents and investigation periods

If the customer does not receive their order, in whole or in part, within the estimated time, ClimaMania shall initiate a joint investigation with the relevant transport company.

Such investigation may take up to a maximum period of 30 working days from the date the shipment left the warehouse.

Once that period has ended, and if the loss or incident concerning the shipment is confirmed, the customer may choose between reshipment of the order or reimbursement of the corresponding amount.

6.6 Verification of the condition of the shipment upon delivery

It is essential that the customer checks upon delivery that the packaging is in perfect external condition and that the packages delivered correspond to the order placed.

Visible damage shall be understood as any anomaly observable at the time of delivery, including but not limited to:

• Damaged or dented packaging.
• Opened, tampered with or non-original seals.
• Missing packaging elements.
• Deformed packages or packages showing obvious signs of impact.
• Any other circumstance indicating possible damage or tampering during transport.

If the customer detects any of these circumstances, they must expressly state this on the carrier’s delivery note before signing receipt of the shipment, clearly describing the incident detected.

Signing the delivery note without recording any incident shall imply acceptance of the goods as compliant as regards their external condition.

6.7 Claims for transport damage

In the event of visible damage to the packaging or the packages, it shall be essential that the customer has recorded the incident on the carrier’s delivery document.

If no incident is recorded on the delivery note, the goods shall be deemed to have been delivered in perfect external condition, and no subsequent claims relating to damage caused by knocks, handling or incidents during transport may be accepted.

6.8 Retention of the original packaging

The customer must keep the product’s complete original packaging until they have verified the correct condition of the contents of the parcel.

If internal damage is detected after opening the parcel, it shall be essential to provide photographs of both the damaged product and the original packaging in which it was received, including images allowing the external condition of the packaging and the protective elements used during transport to be verified.

Failure to retain the original packaging may prevent the correct handling of the incident with the transport insurer.

6.9 Notification of incidents within the deadline

All shipments made by ClimaMania are covered by the relevant transport insurance, provided that incidents are reported within the established deadlines.

The customer must report any incident related to transport within the following maximum periods:

• Within a maximum of 24 hours from receipt of the order if the packaging shows visible damage.
• Within a maximum of 48 hours from receipt if, despite there being no visible damage to the packaging, internal damage is detected after opening the parcel.

The notification must be made by email to customer service, providing the documentation necessary to process the incident (photographs of the packaging, the product and the order number).

Once these deadlines have passed, the transport insurance will deem that the goods were delivered correctly and it will no longer be possible to process claims relating to transport damage.

6.10 Payment verification and security measures

For security reasons and fraud prevention, ClimaMania may carry out additional checks on orders paid by bank card or other electronic means.

In certain cases, especially for high-value orders, ClimaMania may request additional documentation from the person placing the order in order to verify the buyer’s identity or title to the delivery address.

Such documentation may include a copy of an identity document or proof of title to the address, which must be sent by email to climamania@climamania.com.

6.11 Payment confirmation

ClimaMania shall not dispatch any order until it has verified receipt of the corresponding payment, whether in full or in part, depending on the payment method chosen by the customer.

The preparation and delivery times shall begin to run from the effective confirmation of payment by ClimaMania.

These measures are intended to protect both customers and ClimaMania against possible fraud or misuse of payment methods.

6.12 Transport conditions

6.12.1 Delivery method

Unless expressly stated otherwise, delivery of the goods shall be made kerbside.

6.12.2 Delivery timeslots

If the customer requests delivery at a specific time, ClimaMania shall pass that request on to the transport company. However, compliance with specific timeslots is not guaranteed, as this is conventional transport with pre-established routes.

6.12.3 Unloading of bulky goods

For deliveries of bulky or heavy items, delivery vehicles usually only have the driver.

For this reason, it shall be the customer’s responsibility to have the necessary means available to unload the goods at the place of delivery.

6.12.4 Accessibility of the delivery location

The transport service is limited to locations accessible to standard delivery lorries.

Delivery is not guaranteed on unpaved roads or tracks, nor on accesses with a width of less than five metres or where there are access difficulties for transport vehicles.

6.12.5 Special delivery services

If the customer requires special delivery conditions other than those indicated above, they must contact ClimaMania in advance to assess the feasibility of the service and any additional cost that this may involve.

7. TAX EXEMPTION IN INTRA-COMMUNITY TRANSACTIONS

7.1 Intra-Community transactions exempt from VAT

In accordance with the tax legislation in force in the European Union, it is possible to carry out intra-Community transactions exempt from VAT where the buyer is a company or professional established in a Member State of the European Union other than Spain.

For this exemption to apply, the following requirements must, among others, be met:

• The buyer must be identified as an intra-Community operator and be registered in the Register of Intra-Community Operators (ROI).
• The buyer must have a valid intra-Community VAT identification number (VAT Number).
• The final destination of the goods must be outside Spanish territory.
• All formal and substantive requirements established by the applicable tax legislation must be met.

7.2 Validation of the intra-Community VAT number

During the purchase process, the Website includes a validation system for intra-Community VAT numbers (VAT Number). Once that number has been correctly entered, the system may automatically apply the VAT exemption when its validity has been verified.

However, the automatic validation carried out by the system does not constitute definitive acceptance of the tax exemption.

7.3 Verification and acceptance of the transaction

ClimaMania reserves the right to verify the validity of the intra-Community VAT number provided by the customer and to check that all legal requirements necessary to apply the tax exemption are met.

If, after carrying out the appropriate checks, it is determined that the legal requirements for applying the VAT exemption are not met, ClimaMania may reject the intra-Community transaction or invoice the order with the corresponding VAT.

Likewise, ClimaMania may request additional documentation from the customer to prove their status as an intra-Community operator or the actual destination of the goods where necessary under the applicable tax legislation.

8. PAYMENT METHODS

8.1 Available payment methods

ClimaMania offers its customers the following payment methods for orders placed through the Website:

• Payment by credit or debit card (Visa, Visa Electron or Mastercard).
• Payment by bank transfer.
• Instalment payment through partner finance providers (Cetelem or Sequra).
• Payment via the PayPal platform.
• Payment by Bizum.

The customer must select the desired payment method during the purchase process.

8.2 Limitations of payment methods

Some payment methods may be subject to certain operational or amount limitations:

• Payment by credit or debit card is available only for amounts below €3,000.
• Instalment payment is subject to prior approval by the relevant financial institution (Cetelem or Sequra).
• Payment by PayPal is available only for amounts below €1,500.
• ClimaMania reserves the right to modify at any time the available payment methods or the limitations applicable to each of them.

8.3 Payment by bank card

If payment by bank card is chosen, the amount corresponding to the order shall be charged at the time of order confirmation, provided that prior authorisation has been obtained from the card issuer.

If the banking institution does not authorise the transaction, the order shall be automatically cancelled and the customer shall be informed accordingly.

8.4 Payment security

In order to guarantee the security and confidentiality of electronic transactions, the Website uses encryption systems by means of the SSL (Secure Socket Layer) security protocol or equivalent technologies, which protect the transmission of data between the customer and the server.

This system ensures the authenticity of the website, the integrity of the transmitted data and the confidentiality of the exchanged information.

The customer may verify that they are in a secure environment by checking that the browser address begins with “https://” and that a padlock symbol appears in the browser’s address bar.

8.5 Payment by bank transfer

If payment by bank transfer is selected, the order shall be considered confirmed once the corresponding full amount has been received in ClimaMania’s bank account.

The preparation and dispatch of the order shall not begin until payment has been received and verified.

If the corresponding transfer has not been received within a reasonable period after the order has been placed, ClimaMania may cancel the order.

9. HANDLING OF DIGITAL MEDIA

9.1 Data contained on digital media

If the User sends ClimaMania any digital media containing information or data, such as memory cards, hard drives, storage units or other similar devices, ClimaMania does not guarantee the preservation, recovery or return of the data contained on such media.

10. RETURNS

10.1 Return request

To request the return of a product, the customer must first contact ClimaMania by sending an email to climamania@climamania.com, indicating the order number and the reason for the return.

ClimaMania will indicate to the customer the procedure to be followed for the correct processing of the return.

10.2 Right of withdrawal applicable only to consumers

In accordance with the legislation in force regarding the protection of consumers and users, only customers who legally qualify as consumers or private users are entitled to the right of withdrawal.

If the customer has the status of consumer or user under the applicable legislation, they shall have a period of fourteen (14) calendar days from receipt of the product to return a product with which they are not satisfied, without needing to justify their decision.

For the purposes of these conditions, the customer shall be considered to be acting as a professional where the purchase is made in the name of a company, business, legal entity, self-employed person or professional, it being understood that the product has been acquired within the scope of their economic or professional activity.

In such cases, the statutory right of withdrawal shall not apply, without prejudice to ClimaMania voluntarily accepting a return under the conditions it may determine in each case.

10.3 Product conditions for return

In order to exercise the right of withdrawal, the product must be returned in perfect condition, without having been installed, used or handled beyond the mere opening of the packaging to check its condition and operation.

The product must be returned with all its accessories, documentation, manuals and original packaging.

The return of products without their original packaging or in a condition other than that in which they were delivered may imply a depreciation of the product’s value. Such depreciation shall be assessed by ClimaMania’s technicians according to the condition of the returned product and may amount to up to one hundred per cent (100%) of its value.

10.4 Return costs

Where the return results from an error attributable to ClimaMania, a defective product or an incorrect shipment, the return shall involve no cost for the customer and the full amount paid shall be refunded or the product replaced.

Where the reason for the return is not attributable to ClimaMania, for example where the customer decides to return the product for personal reasons, the amount of the product shall be refunded, deducting, where appropriate, the transport costs incurred if the customer requests that collection of the product be carried out using transport arranged by ClimaMania.

It is recommended that the customer return the product using a transport service insured for the value of the product, as ClimaMania shall not be liable for losses, damage or incidents that may occur during the return transport.

10.5 Non-conforming products

If the product shows a lack of conformity evidenced by the relevant note on the carrier’s delivery note or by the documentation provided by the customer, the customer may choose between repair or replacement of the product, unless one of those options is impossible or disproportionate.

Where return of the product is appropriate for this reason, transport costs shall be borne by ClimaMania.

10.6 Procedure for exercising the right of withdrawal

To exercise the right of withdrawal and request the return of the product, the customer may send ClimaMania the withdrawal form available on the Website or send an express communication by email stating their wish to withdraw from the contract.

10.7 Exceptions to the right of withdrawal

It shall not be possible to exercise the right of withdrawal, and returns shall not be accepted, in the following cases:

• Where the product is not in perfect condition.
• Where the original packaging has not been kept or is damaged.
• Where the product has been installed, used or handled in such a way as to prevent its subsequent resale.
• Where the product is not returned complete, including accessories, parts, manuals or any accompanying documentation.
• Where the products are customised or manufactured to the customer’s specific order.
• Where more than fourteen (14) calendar days have elapsed since the date of receipt of the product.

11. WARRANTIES AND AFTER-SALES SERVICE

The warranty for products sold by ClimaMania Sales Spain, S.L. (hereinafter “ClimaMania”) is governed by the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users, as in force following the amendment introduced by Royal Decree-Law 7/2021, as well as by the Civil Code and any other regulations that may apply.

11.1 Statutory warranty for consumer sales

Where the buyer has the status of consumer or user, the goods shall benefit from a statutory conformity warranty for three (3) years from the date of delivery.

The seller shall be liable for any lack of conformity existing at the time of delivery of the goods.

During the first two (2) years after delivery, any lack of conformity shall be presumed to have already existed at that time, unless proven otherwise. After that period, it shall be for the consumer to prove that the lack of conformity existed at the time of delivery.

In the event of lack of conformity, the consumer may choose between repair or replacement of the goods, unless one of those options is impossible or disproportionate under the terms laid down by law.

An option shall be considered disproportionate where it imposes costs on the seller that are unreasonable in comparison with the alternative, taking into account the value of the goods without the defect, the significance of the lack of conformity and whether the alternative remedy could be provided without major inconvenience to the consumer.

Where repair or replacement is not possible or is not carried out within a reasonable period, the consumer may demand a reduction in price or termination of the contract, unless the lack of conformity is of minor importance.

The consumer may not require replacement where the lack of conformity can be remedied by repair and replacement would be disproportionate.

11.2 Suspension and recommencement of the warranty period

The warranty period shall be suspended for the time during which the product remains under repair.

If the product is replaced with a new one, the replacement goods shall benefit from a new full warranty period of three (3) years from the date of delivery of the replacement product.

In the event of repair, the repaired or replaced parts shall benefit from a minimum warranty of one (1) year from delivery to the consumer, in accordance with article 120 of Royal Legislative Decree 1/2007.

11.3 Obligation to notify

The consumer must inform the seller of the lack of conformity within a period of two (2) months from the date on which they became aware of it.

Failure to comply with this obligation shall not result in loss of the right to the warranty, but the consumer shall be liable for any actual loss or damage caused by the delay in notification.

11.4 Warranty in sales to professionals

Where the buyer does not have the status of consumer or user, the statutory three-year warranty shall not apply.

In such cases, the contractual relationship shall be governed by what has been agreed between the parties and, failing that, by the provisions of the Commercial Code and the Civil Code, especially in relation to liability for hidden defects.

11.5 Manufacturer’s commercial warranty

In addition to the statutory warranty, manufacturers may offer additional commercial warranties, the duration and scope of which shall depend exclusively on the conditions established by each manufacturer.

ClimaMania supplies new products sourced from official distribution channels and covered by the relevant manufacturer’s official warranty.

As a general rule, the manufacturer’s commercial warranty is provided through the official network of Technical Services within Spanish territory, in accordance with the conditions laid down by each brand.

To enforce the warranty, it shall be essential to present the purchase invoice issued by ClimaMania.

11.6 Territorial limitation of warranty service

The manufacturer’s commercial warranty is provided within Spanish territory, unless the manufacturer itself expressly establishes coverage in other countries.

If the product is outside Spanish territory and the Official Technical Service in the destination country does not undertake the repair under warranty, the buyer must make the product available to ClimaMania within Spanish territory for processing.

Unless otherwise expressly agreed, costs arising from international transport shall not be covered by the warranty.

This clause governs exclusively the operational processing mechanism and does not limit any mandatory rights that the consumer may have under the applicable regulations.

11.7 Warranty for installations carried out by ClimaMania

Where the installation has been carried out and invoiced by ClimaMania, the company shall be liable for the proper performance of the service in accordance with the regulations applicable to the provision of services.

In the absence of a specific agreement, liability for defects resulting from improper execution shall be governed by the provisions of the Civil Code relating to contracts for works, the general liability period being three (3) years from completion of the works for defects directly attributable to the execution.

Repairs carried out on installations shall benefit from a minimum warranty of six (6) months on the intervention carried out, unless the applicable sector-specific regulation establishes a longer period.

11.8 Installations carried out by third parties

Where the installation has been carried out and invoiced by a third party, the warranty shall correspond exclusively to the company that invoiced those works.

ClimaMania shall not be liable for items not invoiced by it, especially as regards labour or materials used in installations carried out by third parties.

11.9 Warranty for out-of-warranty repairs

Repairs carried out outside the statutory warranty period and invoiced to the customer shall be covered by the statutory warranty applicable to the provision of services, in accordance with the Civil Code, the minimum warranty period on the intervention carried out being six (6) months.

11.10 Warranty exclusions

The warranty shall not be valid in the following cases:

• Damage resulting from misuse, improper handling or inadequate maintenance.
• Incorrect installations or installations not carried out by a certified professional where required by regulations.
• Power surges or voltage drops, or other external electrical factors.
• Use of accessories not approved by the manufacturer.
• Impacts, falls, fire, water or other external factors unrelated to the product.
• Interventions carried out by unauthorised technical services.

In all cases, the serial number of the product must correspond to the one recorded in ClimaMania’s files.

11.11 Technical Service

If repair is required, it is recommended to contact only Official Technical Services recognised and authorised by the manufacturers.

12. DISPUTES AND LIABILITY

12.1 Applicable law

These General Conditions shall be governed by and interpreted in accordance with Spanish law.

12.2 Dispute resolution and competent jurisdiction

In the event of conflict or dispute arising from the interpretation or performance of these General Conditions, the parties shall submit to the courts and tribunals having jurisdiction under the applicable law.

Where the customer has the status of consumer or user, the competent courts and tribunals shall be those corresponding to the consumer’s place of residence.

In the case of customers acting as companies, professionals or self-employed persons within the scope of their economic or professional activity, the parties expressly agree to submit to the courts and tribunals of Barcelona, expressly waiving any other jurisdiction to which they might otherwise be entitled.

12.3 Out-of-court dispute resolution

ClimaMania is affiliated to the out-of-court dispute resolution system of Confianza Online, in accordance with its Code of Ethics.

In the event of disputes relating to electronic contracting, online advertising, data protection or protection of minors, the user may resort to the out-of-court dispute resolution system of Confianza Online available at the following address: www.confianzaonline.es

Likewise, in compliance with the provisions of European regulations on online dispute resolution in consumer matters, customers may access the European Commission’s online dispute resolution platform through the following link: https://ec.europa.eu/consumers/odr

12.4 Force majeure

ClimaMania shall not be liable for any failure or delay in the performance of any of its obligations where such failure results from force majeure events or circumstances beyond its reasonable control.

Force majeure shall include, among others, labour disputes, strikes, transport disruptions, natural disasters, administrative restrictions, failures in telecommunications networks or any other unforeseeable or unavoidable circumstance preventing the performance of contractual obligations.

12.5 Proper use of products

ClimaMania shall not be liable for any damage or loss arising from incorrect, negligent or manufacturer-inconsistent use of the products purchased through the Website.

The customer is responsible for using the products in accordance with the instructions for use, installation and maintenance provided by the manufacturer.

12.6 Limitation of liability in professional use

Although certain products marketed by ClimaMania may be technically compatible with professional use, the Website is mainly aimed at sales to consumers.

Accordingly, ClimaMania shall not assume liability for indirect damage, loss of business, loss of profits or any loss arising from the use of the products in professional or business activities.

13. COMMENTS, REVIEWS AND COMMUNICATIONS

13.1 Publication of user reviews

The Website may allow users to publish reviews, ratings or comments about products or services offered by ClimaMania.

Published reviews must be based on genuine purchasing or product-use experiences and must at all times comply with the applicable legislation, the rules of good faith and the basic standards of respect and coexistence.

13.2 Content moderation

ClimaMania reserves the right to review, moderate, publish or reject comments and reviews received before or after publication.

Comments containing, among others, the following shall not be accepted:

• Offensive expressions, insults or derogatory statements.
• Defamatory content or content infringing the honour or reputation of persons or companies.
• Discriminatory, xenophobic or racist comments, or comments infringing fundamental rights.
• Advertising, promotions or links to third parties unrelated to the product.
• False, misleading or manifestly incorrect information.
• Content unrelated to the product or service being reviewed.

ClimaMania may remove or not publish comments that do not comply with these rules.

13.3 Liability for published reviews

The reviews published by users reflect exclusively the opinion of their authors and do not necessarily represent the opinion of ClimaMania.

The user shall be solely responsible for the content of the comments or reviews they publish on the Website.

ClimaMania shall not be liable for any loss or damage that may arise from content published by users.

14. PROTECTION OF PERSONAL DATA

14.1 Data controller

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR), as well as Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), users are informed that the personal data provided through the Website shall be processed by:

ClimaMania Sales Spain, S.L.
Tax ID (NIF): B66040577
Registered office: C/ Electrónica, 14 (Pol. Ind. La Ferreria), 08110 Montcada i Reixac - Barcelona (Spain)
Contact email: climamania@climamania.com

ClimaMania is the controller of the personal data collected through the website.

14.2 Purpose of data processing

The personal data provided by users shall be processed for the following purposes:

• Managing user registration on the Website.
• Processing and managing orders placed through the website.
• Managing invoicing, product delivery and warranties associated with the purchase.
• Handling enquiries, requests or communications made by users.
• Sending commercial communications relating to products, offers or promotions of ClimaMania where the user has given their consent.

14.3 Data necessary for contracting

In order to place an order through the Website, the user must provide certain personal data necessary for managing the purchase, such as:

• Full name or company name.
• DNI/NIF or tax identification number.
• Billing and delivery address.
• Email address.
• Contact telephone number.

Failure to provide these data, or the provision of incorrect data, may prevent the correct processing of the order or lead to its cancellation.

The user undertakes to provide truthful, up-to-date and complete information.

14.4 Disclosure of data to third parties

Personal data may be disclosed to third parties where necessary for the proper provision of the service, including, among others:

• Transport and logistics companies responsible for delivering orders.
• Financial institutions or payment platforms necessary for processing payment for orders.
• Technology service providers related to the operation of the Website.

In all cases, such disclosures shall only be made where necessary for the performance of the contract or compliance with legal obligations.

14.5 International data transfers

If certain technology providers used by ClimaMania are located outside the European Economic Area, international data transfers shall be carried out with the appropriate safeguards provided for in the applicable data protection regulations.

14.6 User rights

Users may exercise at any time the rights recognised by data protection legislation, including:

• The right of access to their personal data.
• The right to rectify inaccurate or incomplete data.
• The right to erasure of their data where it is no longer necessary for the purpose for which it was collected.
• The right to restriction of processing.
• The right to object to the processing of their data.
• The right to data portability.

To exercise these rights, the user may send a request together with a copy of a document proving their identity to the email address climamania@climamania.com.

Likewise, the user shall have the right to lodge a complaint with the Spanish Data Protection Agency if they consider that the processing of their personal data does not comply with the applicable regulations.

14.7 Data security

ClimaMania has adopted the technical and organisational measures necessary to guarantee the security of personal data and to prevent its loss, alteration, unauthorised processing or access, in accordance with the applicable regulations.

However, the user acknowledges that Internet security measures are not absolutely invulnerable.

14.8 Commercial communications

Where the user has given their consent, ClimaMania may send commercial communications by electronic means relating to products, promotions, offers or news related to its business activity.

The user may withdraw their consent to receive commercial communications at any time by using the unsubscribe link included in each communication or by sending an email to climamania@climamania.com.

ClimaMania shall not transfer its customers’ personal data to third parties for commercial purposes without the user’s express consent.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

15.1 Ownership of rights

All contents of the website www.climamania.com, including by way of example but not limitation texts, images, photographs, graphics, logos, icons, trademarks, trade names, graphic design, navigation structure, source code, software and other elements making up the Website, are the property of ClimaMania Sales Spain, S.L. or, where applicable, of the manufacturing companies, wholesalers or suppliers of the products offered.

All such contents are protected by the regulations in force on intellectual and industrial property, both in Spain and internationally.

15.2 Authorised use of content

Access to the Website only allows the user personal, non-commercial use of the website’s contents.

Any use, reproduction, distribution, public communication, transformation, manipulation, copying or exploitation of the Website’s contents without the prior express written authorisation of ClimaMania or, where applicable, the holder of the relevant rights, is prohibited.

15.3 Restrictions on use

Access to the Website and use of the services offered on it shall not in any case imply waiver, transfer, licence or total or partial assignment of intellectual and industrial property rights by ClimaMania or by third-party rights holders.

The user may only view the contents of the Website and make private copies of them provided that such reproduction is for personal, non-commercial use and that all notices relating to intellectual and industrial property rights remain intact.

15.4 User responsibility

The user shall be solely responsible for any improper use they may make of the Website’s contents.

ClimaMania shall not be liable for any loss or damage that may arise from unlawful use of materials protected by third-party intellectual or industrial property rights, nor for contents that may infringe morality, honour, privacy or any other third-party right.

The user undertakes at all times to respect the intellectual and industrial property rights associated with the Website and the contents included on it.

16. CONSIDERATIONS REGARDING EQUIPMENT USING FLUORINATED GASES

16.1 Obligation of installation by certified professionals

In accordance with the regulations in force regarding fluorinated gases, in particular Royal Decree 115/2017 of 17 February on the marketing and handling of fluorinated gases and equipment based thereon, equipment containing fluorinated greenhouse gases, such as air conditioning systems or heat pumps, must be installed exclusively by companies or professionals holding the relevant authorising certification.

Accordingly, installation of this type of equipment by non-certified persons is prohibited by the applicable legislation.

16.2 Obligations of the buyer where the equipment is purchased without installation

If the customer purchases equipment using fluorinated gases without simultaneously contracting the installation service, it shall be the buyer’s responsibility to ensure that the installation of the equipment is carried out by a duly certified company or professional in accordance with the applicable regulations.

Likewise, the buyer must complete and send to ClimaMania the supporting documentation corresponding to the installation by a certified company.

16.3 Submission of mandatory documentation

The customer must complete and send to ClimaMania the corresponding duly signed documentation within a maximum period of one (1) year from the date of purchase of the product.

Such documentation may be downloaded from the following link: www.climamania.com/doc/RD115_2017.pdf

16.4 Buyer’s responsibility

Responsibility for compliance with the legal obligations relating to the installation of equipment using fluorinated gases rests exclusively with the buyer where the equipment has been purchased without an installation service.

ClimaMania shall not be liable for installations carried out by third parties nor for non-compliance with legal obligations arising from the handling or installation of this type of equipment where such actions have not been carried out directly by ClimaMania or by installation companies engaged by it.

17. REGISTRATION OF THERMAL INSTALLATIONS (RITE – RITSIC)

17.1 Compliance with the Regulation on Thermal Installations in Buildings (RITE)

Air conditioning, heating and other thermal installations must at all times comply with the applicable regulations in force, in particular the Regulation on Thermal Installations in Buildings (RITE).

The installation of this type of equipment must be carried out by authorised installation companies duly certified in accordance with the regulations in force.

17.2 Registration of the installation

For certain thermal installations, particularly those with a capacity of 5 kW or more, the regulations require registration of the installation in the relevant autonomous regional register.

17.3 Responsibility of the installation owner

Registration of the installation is the responsibility of the installation owner, who must carry out the relevant procedure by means of the responsible declaration provided for in the applicable regulations.

17.4 Limitation of ClimaMania’s liability

ClimaMania shall not be liable for non-compliance with the legal obligations related to the registration of thermal installations where that procedure is the responsibility of the installation owner.

ANNEX – MODEL WITHDRAWAL FORM

(Please complete and send this form only if you wish to withdraw from the contract)

For the attention of:
ClimaMania Sales Spain, S.L.
C/ Electrónica, 14 (Pol. Ind. La Ferreria)
08110 Montcada i Reixac – Barcelona (Spain)
Email: climamania@climamania.com

I/We hereby give notice (*) that I/we withdraw (*) from my/our (*) contract of sale of the following goods:

________________________________________
________________________________________
________________________________________
________________________________________

Order number:
________________________________________

Date of order:
________________________________________

Date of receipt of the order:
________________________________________

Name of consumer(s):
________________________________________

Address of consumer(s):
________________________________________
________________________________________
________________________________________
________________________________________

Signature of consumer(s)

________________________________________

Date:
________________________________________

(*) Delete as appropriate.

Note:
The exercise of the right of withdrawal applies only to private consumers. The product must be returned in perfect condition, without having been installed or used, and with its complete original packaging, in accordance with the general terms and conditions of sale.