General Terms and Conditions of Sale of Dayra Group

General Terms and Conditions of Sale of Dayra Group ( Vending Integral Solana SL ) 

Last updated 20/01/2024

Table of Subjects

1. Preamble

2. Definitions 

3. Conclusion of the Contract of Sale between the Buyer and the Seller

3.1. Placing an Order

3.2. Cancellation of the Order

3.3. Order Confirmation

4. Price - Payment 

4.1. Price 

4.2. Payment 

4.3. Payment of the Order in installments with Younited

5. Shipping

5.1. Shipping method and costs

5.2. Carriers 

5.3. Delivery Information 

5.4. Transfer of risks 

5.5. Reservations 

6. Client's right of withdrawal

7. Refund

8. Disputes - Challenges - Mediation - Online Dispute Resolution

8.1. Handling of complaints 

8.2. Mediation 

8.3. Online Dispute Resolution Platform 

9. Warranties

9.1. Legal guarantee of conformity 

9.2. Guarantee of hidden defects 

9.3. Application of guarantees 

10. Seller Reviews 

11. Personal data 

11.1. General

11.2. References to cookies

12. Governing Law 

13. Modification of these T&Cs 

14. Customer Service 

15. Partial nullity

1. Preamble

The company VENDING INTEGRAL SOLANA SL ("Sociedad Limitada"), with registered office at Calle Ezequiel Solana 116 – Local, 28017 Madrid, Spain, registered in the Registry of Commerce and Companies of Madrid Sheet M524179 Volume 29112 Folio 140, NIF B86291093 EUID ES28065.081144523, with intra-community VAT number ESB86291093 and e-mail: gestion@dayra.com, makes available to Users the e-Commerce "xxxxx",  (hereinafter referred to as "DAYRA GROUP"). 

DAYRA GROUP is responsible for hosting the Marketplace and also as a Seller of a selection of Products. However, DAYRA GROUP is not the only Seller of Products purchased through its Service. The Seller, whose name is indicated in the Product Sheet of each Product, is the Buyer's co-contractor for the purchase of such Products. As a consequence, DAYRA GROUP is not responsible for the Products sold by another Seller through the Marketplace, which the Client expressly accepts and acknowledges. Therefore, if the Products are not sold by DAYRA GROUP on the Website, they cannot be returned or exchanged.

These General Terms and Conditions of Sale ("GTCS") apply in addition to the General Terms and Conditions of Use for Buyers ("Buyers' UGC") and the General Terms and Conditions of Use for Sellers ("Sellers"), which define the same terms in capital letters as those used in these GTCS. These GTC apply to all sales of Products between the Seller and the Buyer made through the Service. They are intended to govern the relationships between Sellers and Buyers of Products, with the exception of those established between Buyers and DAYRA GROUP or between Sellers and DAYRA GROUP. The relationship between the Buyers and the DAYRA GROUP is governed by the Buyers' T&Cs. The relationship between the Sellers and the DAYRA GROUP is governed by the Seller T&Cs. Within the framework of the Pixtrade Buyback Service offered by DAYRA GROUP, the relations between Individuals and Buyers, are governed by the General Terms and Conditions of the Buyback Service ("GTC"). These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply. In addition, with regard to Customers, the Customer T&Cs and, with regard to Sellers, the T&Cs Vendeurs, which define the capitalized terms used in these T&Cs.

DAYRA GROUP is not the sole Seller of Products purchased through the Service; the Seller, whose name is indicated in the Product Sheet of each Product, is the Buyer's co-contractor for the purchase of such Products. Consequently, the Products may not be repurchased or exchanged by DAYRA GROUP if the Product is not sold by DAYRA GROUP on the Website.

The Client acknowledges that, prior to the confirmation of the order and the conclusion of the contract, it has been communicated, in a clear and comprehensible manner, in an appropriate and accessible format, of these GTC and, if the Client is a consumer, of all the information referred to in the provisions provided for this purpose in Royal Legislative Decree 1/2007,  of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, the "Royal Legislative Decree 1/2007").

For the purposes of these GCS, a consumer is understood to be any natural or legal person who acquires products from the professional and who is considered a consumer and user in Royal Legislative Decree 1/2007, i.e. persons who act for a purpose unrelated to their commercial, business, trade or profession. 

2. Definitions

Terms and expressions used with the first capital letter in these General Terms and Conditions of Sale have the following meanings:

Buyer(s) or Customer(s)

means any natural person(s) of legal age, as well as any legal person(s) who purchase Products from Sellers on the Platform.

T&Cs or General Terms and Conditions of Sale

designates these general terms and conditions of sale that govern the relations between Sellers and Buyers on the Platform.

UGC Buyers

designates the General Terms and Conditions of Use for Buyers that govern the relations between DAYRA GROUP and the Buyers.

UGC Vendors

designates the General Terms and Conditions of Use for Sellers that govern the relationship between DAYRA GROUP and the Sellers

CGR

means the General Terms and Conditions of the Buyback Service that govern the relations between Individuals and Repurchasers on the Platform.

Contract

means the Contract of Sale that binds the Seller to the Buyer.

Order

designates the Product(s) selected and confirmed by the Buyer on the Platform.

Personal data(s)

designates any information relating to an identified or identifiable natural person; An identifiable natural person is any person whose identity can be determined, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, an online identifier or one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

Product Sheet

means the file that presents all the characteristics relating to the Product and the information relating to the identity of the Seller in the Marketplace.

Marketplace

means the platform through which DAYRA GROUP offers its Services.

Part(s)

designates, individually, the Seller or the Buyer or, jointly, the Seller and the Buyer.

Pixcare

designates the brand that designates the warranty extension service offered by DAYRA GROUP on its Platform.

Platform or Website

designates the website accessible, in particular, at the www.DAYRA.com address and the corresponding applications, as well as, in general, any website that DAYRA GROUP may exploit in the future.

Product(s)

designates the products sold on the Platform by the Sellers.

Data Controller

designates the controller of Personal Data within the meaning of Article 4 (7) of the GDPR

GDPR or Regulation or Regulation  

refers to European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Service

refers to the service offered by DAYRA GROUP on the Platform and its complementary services presented in all the contractual documentation accessible on the Website.

Vendor(s)

designates any professional(s) who offers Products for sale to Buyers on the Platform.

3. Conclusion of the Contract of Sale between the Buyer and the Seller

3.1 Placing an Order

The Products are presented in a Product Sheet on the Website with a description that allows the Buyer to know the essential characteristics, price and delivery time of the Product.

The Buyer selects the Product(s) he/she wishes to purchase and confirms his/her choice of Product(s).

Placing any Order for a Product on the Website entails the Buyer's full, complete and unreserved acceptance of these GTCS.

The Buyer receives an e-mail confirming the registration of their Order.

The Seller is informed by DAYRA GROUP that one or more of the Products he has placed online has been the subject of an Order.

The Seller agrees to confirm the Buyer's Order(s) within 2 business days based on the information received provided herein.

3.2 Cancellation of the Order

In the absence of confirmation of the Order within the period indicated above, the Contract concluded between the Buyer and the Seller is automatically cancelled and each of the Parties is released from its obligations. In particular, the Buyer is guaranteed that no charge will be made to its bank account.

Offers of Seller's Products are valid as long as they appear on the Website, within the limit of available stock. In general, in the event of exceptional unavailability of a Product after the Order has been placed by the Buyer, the Seller will inform the Buyer of this via the messaging tool made available within the framework of the Service, the Order will be automatically cancelled and the Buyer is guaranteed that no charge will be made to its bank account.

Similarly, in the event that the same Product has been the subject of an Order by several Buyers at the same time, and depending on the availability of such Product (few units available, single, second-hand), it will be sold only to the first Buyer who has registered his Order. Other Buyers will be informed of the cancellation of their Order and their bank accounts will not be charged.

In any event, such cancellation shall only affect the Contract relating to the sale of the unavailable Product(s).

3.3 Order Confirmation

Once the Order has been confirmed by the Seller, an e-mail will be sent to the Buyer to confirm and recapitulate the Order and the GTCS, and the Seller undertakes to deliver the Products within the stipulated time and the Buyer's bank account will be debited for the amount of the Order.

In the event of confirmation of all or part of the Buyer's Order, such Products will be shipped by the Seller in accordance with the modalities set out in clause 3.

The Buyer must promptly confirm in My Account the correct receipt of each Product ordered. Otherwise, the Product will be deemed to have been received within 21 days from the date your bank account is debited.

This clause shall apply without prejudice to the provisions on guarantees provided for in Royal Legislative Decree 1/2007, since the Buyer may, at any time, contact the Seller and make any request or claim in relation to the Products ordered using the messaging tool made available within the framework of the Service.

The Buyer is invited to assess the Seller's performance in accordance with the procedures set out in clause 7.

4. Price - Payment - Installment

4.1 Price

The Seller sets the purchase price of the Product.

The Product Sheet mentions the price, expressed in euros (€), which includes the taxes applicable on the date of consultation of the Products on the Website, but which does not include delivery costs, which are added before the Order is validated in accordance with the scale specified in clause 5 of these GTC or the scale indicated by the Seller in the Product Sheet.

The fact that the Buyer validates his/her Order constitutes a full, complete and firm acceptance of the Contract of Sale and obliges him/her to pay the indicated price, which the Buyer expressly accepts and acknowledges.

4.2 Payment

Payment for purchases made through the Service may be made using the payment methods indicated in the Payment Methods section to DAYRA GROUP, which collects the corresponding amount in the name and on behalf of the Seller.

The Buyer agrees to provide the bank information that collects the payment for the service.

5. Shipping

5.1 Shipping method and costs

The following delivery methods are proposed to the Buyer in accordance with the conditions defined below:

?  Normal Delivery

?  Tracked delivery

?  Delivery against signature

The delivery costs of the Products are calculated automatically depending on the company used and the distance and country of destination. The costs will be displayed automatically and the customer will be able to make a selection of the company that is most convenient for them. 

- Commercial campaigns 

Within the framework of specific commercial campaigns in specific periods, DAYRA GROUP may propose free delivery and free return for the Customer in relation to a category of Products selected on its Website. The Products included in the corresponding promotion are identified in the Product Sheet.

5.2 Carriers

• GLS Spain
• Assigns
• Urvaam
• TXT
• Vonzu
• Transaher
• Inpost Spain
• Hal courier
• Via Express
• Sending
• Redur
• Post office
• MRW
• Envialia
• Express Post Office
• Nacex
• UPS
• TNT
• Seur
• DHL

The Seller undertakes to ship the ordered Product(s) to the Buyer within 2 business days from the date of confirmation of the Order; the Seller undertakes to ship the Products within the stipulated timeframe.

In a category of selected Products and Sellers, DAYRA GROUP guarantees delivery within 48 hours or the time indicated when placing the order; the Products that benefit from this mode of delivery are identified in the Product Sheet.

- Commercial campaigns

Within the framework of certain commercial campaigns, DAYRA GROUP guarantees the delivery of the Products sent by DAYRA GROUP to the Customer before the end of the specified period.

For example, as part of its "Garantie sous le sapin" ("Guarantee under the Christmas tree") program, DAYRA GROUP guarantees delivery of Products shipped by DAYRA GROUP by December 24 for any Order placed before 12:00 noon on December 18.

5.3 Delivery Information

The Products are delivered to the address indicated by the Buyer in the My Account space and are shipped in accordance with the conditions selected at the time of placing the Order. The Buyer declares and acknowledges that he/she is responsible for the information he/she communicates to DAYRA GROUP and undertakes to provide accurate and truthful information in order to receive the Products purchased at the time of placing his/her Order.

5.4 Transfer of risks

The Products travel at the Seller's own risk. From the moment the Buyer takes physical possession of the Products ordered, the risks of loss or damage to the Products pass to the Buyer.

5.5 Reservations

Upon receipt of the ordered Product(s), the Buyer must notify the Seller, with the help of the My Account interface made available within the framework of the Service and by any other means, of any reservations regarding the delivered Product (e.g. damaged package, already opened...).

The Buyer must provide a photograph of the Product that is the subject of the reservation to justify their request.

The Seller shall inform DAYRA GROUP as soon as possible of the shipment of each Order (if the Buyer's Order has been dispatched in several shipments, the Seller shall indicate to DAYRA GROUP which part of the Order has been shipped) via its Seller Account. In the absence of such information, DAYRA GROUP may cancel the transaction in question.

6. Client's right of withdrawal

In accordance with Royal Legislative Decree 1/2007, in the context of a purchase made from a professional Seller, the Buyer has a period of fourteen (14) calendar days from the delivery of the Product(s) ordered to exercise their right of withdrawal against said Seller, without the need to justify reasons or pay any penalty.

In the event of exercising the right of withdrawal within this period, only the price of the Product(s) purchased and the shipping costs will be refunded, while the return costs will be borne by the Buyer.

The Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) in a packaging identical to that used at the time of shipment that allows them to be put on sale again. Otherwise, the Product will be returned to the Buyer and any refund will be rejected.

To ensure optimised handling, returns must also be accompanied by proof of purchase, a copy of the invoice or the delivery note.

For refurbished products, it is mandatory to return the Product without any lock code, iCloud, Google or Samsung account. Otherwise, no refund can be made.

In accordance with the provisions established for this purpose in Royal Legislative Decree 1/2007, the right of withdrawal may not be exercised in the event of:

- Sealed sound recordings, videos or computer programs that have been unsealed after delivery;

- Supply of goods that have already been unsealed by the Customer after delivery that are not suitable for return for reasons of hygiene or health protection;

- Products that have been customised at the Buyer's request.

The Buyer exercises his/her right of withdrawal directly with the Seller:

- by means of the standard withdrawal form annexed to these GTCS, which must be sent to the Seller at the address indicated by the Seller via the My Account interface made available within the framework of the Service; or. 

- by any means, and in particular by sending an e-mail expressing the Buyer's wish to withdraw from the purchase without any ambiguity and mentioning the Order in question, as well as the number to which the withdrawal refers, with the help of the messaging tool made available to them within the framework of the Service.

Once the withdrawal form or statement has been sent to the Seller, the Buyer must resend the relevant Product(s) to the Seller within a reasonable time and no later than fourteen (14) days after the Seller is notified of the Buyer's decision to withdraw from its purchase.

The Buyer forwards the Product(s) to the address provided by the Seller via the My Account interface made available within the framework of the Service.

- Commercial campaigns 

As part of your marketing campaigns for a certain period, for the purpose of obtaining a refund, the return periods for the Products are extended.

7. Refund

DAYRA GROUP will refund returned Products under the following conditions:

- DAYRA GROUP will proceed to reimburse the sums paid (including delivery costs) no later than fourteen (14) days from the date on which the right of withdrawal has been exercised before the Seller and DAYRA GROUP has been informed of it, by the same payment method used when placing the Order;

- The refund date may be postponed until the Product is retrieved or until the Buyer has simultaneously communicated to the Seller and DAYRA GROUP proof of shipment of the Product (whichever is earlier).

No cash on delivery shipments will be accepted, for any reason.

8. Disputes - Challenges - Mediation - Online Dispute Resolution

8.1 Handling of complaints

At any time, the Buyer has the possibility to contact the Seller and make any request or complaint regarding the Products ordered via the My Account interface made available within the framework of the Service, in particular for the exercise of applicable and current guarantees.

A button is made available to any Buyer that allows them to report in My Account, within 180 days, any complaint in relation to the Products ordered (e.g. product not received, etc.).

After this period, the Buyer retains the possibility to contact the Seller and make any request or complaint regarding the Products ordered using the My Account interface made available within the framework of the Service.

Disputes are resolved directly between the Buyer and the Seller, if applicable, with the help of the My Account interface provided within the framework of the Service.

The Buyer and the Seller shall make every effort and endeavour to achieve the amicable resolution of the dispute within a framework of mutual respect.

However, in the event that the Seller has not resolved the dispute between it and the Buyer within 8 working days from receipt of the complaint, DAYRA GROUP reserves the right, after prior notice to the Seller, to proceed with the refund of the Product to the Customer. The amount of such reimbursement will then be deducted from the sums payable by DAYRA GROUP to the Seller in respect of the Products sold by the Seller through the Service.

Depending on the case, the dispute declared will result either in the reshipment of the ordered Product or in the refund.

8.2 Mediation

The Buyer may use a mediation service for consumer disputes related to a purchase made through the Service.

8.3 Online Dispute Resolution Platform

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, which facilitates out-of-court online dispute resolution between consumers and professionals in the European Union.

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/ 

9. Warranties

In accordance with the legal provisions in force relating to the conformity of the goods to the Contract or to hidden defects or defects, Products that are defective (where the defect is not attributable to the Buyer) or that do not correspond to the Order will be refunded or exchanged, at the Buyer's option.

9.1. Legal guarantee of conformity

The Products are guaranteed against any defects in conformity. The Sellers are responsible for defects in the conformity of the Products under the conditions set out in Royal Legislative Decree 1/2007.

Within the framework of the legal guarantee of conformity:

-The Products are guaranteed for a period of three (3) years from delivery against any manufacturing, design or material defect or non-conformity. The Buyer has a period of three (3) years from the delivery of the goods to act against the Seller;

- In the event of non-conformity of a Product, the Client has a period of five (5) years, from the manifestation of the lack of conformity, to exercise their right and claim compliance with the warranty;

- During the warranty period and if the Product does not conform, the Customer has the right to bring it into conformity by choosing between repair or replacement;

-The Buyer is exempt from providing proof of the lack of conformity of the Product during the two (2) years after the delivery of the goods.

The statutory guarantee of conformity applies regardless of any commercial guarantee that may exist.

9.2. Warranty against hidden defects or defects

The Products are guaranteed against any hidden defects or defects. Sellers are liable for hidden defects or defects of the thing sold under the conditions provided for in articles 1484 et seq. of the Spanish Civil Code.

The Buyer may decide to apply the warranty against the Seller for the hidden defects of the thing sold in such a case, he may choose between the termination of the sale or a reduction of the sale price.

9.3. Application of guarantees

In order to benefit from a guarantee, the Products must be returned to the Seller in the condition in which they were received with all the elements (accessories, instructions, etc.) in a packaging that allows them to be transported in good condition.

Within this framework, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced fee, and the return costs will be borne by the Seller

The refund will be made by crediting the means of payment used when placing the Order.

No cash on delivery shipments will be accepted, for any reason. These guarantees are without prejudice to the right of withdrawal provided for in clause 5 of these GTCS.

10. Seller Evaluation

DAYRA GROUP provides Buyers with various means that allow them to assess the performance of the Sellers after confirmation of receipt of the Products sold. Such transparency allows Buyers to select Products from Sellers who are more diligent with respect to the GTC.

The rating is carried out according to evaluation criteria and through the attribution of one or more stars by the Buyers. DAYRA GROUP does not carry out any control of the reviews made by the Buyers, which it simply stores on the Website. However, it may be obliged to delete, without prior notice, any review whose content has been flagged as unlawful or contrary to good morals. Any visitor to the Website will be able to see the reviews made by the Buyer, as well as their pseudonym.

In this context, the Buyer declares and acknowledges that it only issues opinions based on its buying experience with said Seller and that it does not have libelous, defamatory or contrary to good morals.

11. Personal Data - Cookies

11.1 General

DAYRA GROUP undertakes to respect its legal obligations regarding the protection of personal data, in particular the obligations set out in the General Data Protection Regulation and the Organic Law on the Protection of Personal Data and the Guarantee of Digital Rights

In addition to the privacy policy accessible on the Website, the Buyers' and Sellers' T&Cs are informed that DAYRA GROUP processes all the data collected within the framework of the Service at the time of placing Orders for the purpose of processing such Orders.

Buyers' information and data related to delivery are transmitted by DAYRA GROUP to Sellers solely to enable them to ship the Products ordered and, where applicable, to enable them to respond to their legal or regulatory obligations. Under no circumstances may they be used for other purposes

In the event of any difficulty in the processing of such data, the Buyer and the Seller may contact the DAYRA GROUP directly, subject to the conditions laid down, as the case may be, in the Privacy Policy, the Buyers' T&Cs or the Seller T&Cs.

Each Seller only has access to the personal data provided by the Buyers of their Products to DAYRA GROUP when placing their Order.

Sellers undertake to ensure the security of the personal data they hold for the purposes of placing and tracking Orders. For more information on the protection of personal data, please refer to ourPrivacy Policy

11.2 References to cookies

i. General - Information - Retention period

In order to allow all Sellers and Buyers to make optimal use of the Services, as well as to better function the various interfaces and applications, the Publisher may place a cookie on the Seller's computer device, provided that it has the express acceptance of the Seller. This cookie makes it possible to store information relating to browsing on the Website (date, page, time), as well as the personal data that Internet users may have entered during their visit (searches, username, e-mail, password). This cookie is stored on the Seller's and the Buyer's computer device for a variable period of up to thirteen months and may be used by the publisher on the occasion of a subsequent visit by the Seller and the Buyer to the Website.

ii. Right to object to the placement of cookies

The Seller and the Buyer have the possibility to block, modify the retention period or delete the cookie through their browser interface (usually in: tools or options / privacy or confidentiality). In this case, navigation on the Website will not be optimised. If the systematic disabling of cookies in the Seller's or Buyer's browser prevents them from using certain services or functions provided by the Publisher, such malfunction shall in no way constitute a detriment to the Seller or the Buyer, who may not claim any compensation for such circumstance.

iii. Deletion of cookies

The Seller or the Buyer may delete the cookies previously present on their computer by going to the menu of their browser provided for this purpose (normally, tools or options / privacy or confidentiality). In such a case, the Seller or Buyer must re-enter all information relating to them.

12. Applicable Law and Competent Jurisdiction

These T&Cs are subject to Spanish law.

Any dispute relating to its interpretation and/or compliance will be subject to the competence of the competent Spanish Courts and Tribunals in accordance with the conditions of common law.

13. Modification of these T&Cs

DAYRA GROUP reserves the right to make changes to these T&Cs. Each new version shall be brought to the attention of Buyers and Sellers by any means and shall constitute an automatic addendum to these GTCS.

14. Customer Service

In the event of a complaint by the Client in relation to these GTCS, the Client may contact the customer service using the form accessible on the Website.

For any complaint by e-mail to the following address:ecommerce@dayra.group, DAYRA GROUP's customer service is available from Monday to Friday from 10:00 a.m. to 6:00 p.m. and responds to the Customer within 72 hours.

Phone : +34 xxxxx

15. Partial nullity

If one or more provisions of these GTC are held to be invalid or are declared invalid pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.

Annex 1 - Withdrawal form

(Fill in and submit this form only if you wish to withdraw from your Order/Purchase)

Attn: [Seller's Name](*)...................................................- Service .................................................

Seller's address(*) ........................................................

(e-mail from the Seller ....................................................).

I/We(**) hereby notify you/we(**) hereby my/our(**) withdrawal from the Contract relating to the sale of the following goods/(*):

Ordered on ............................................ / Received on .......................................................................... (*)

Order No. ..........................................................................

Name of Buyer(s): ..........................................................................

Address of Buyer(s):..........................................................................

Signature of the Buyer(s) (only in case of notification of this paper form):

Date:..........................................................................

(*) In order to optimize the return, we advise you to confirm this information with the Seller via the courier tool made available within the framework of the Service.

(**) Strike out any mention that is not appropriate.