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The website, airtales.es, is a domain owned by AIRTALES CORP SL with NIF B02978625 and registered office at Calle Carpinteros, N. 25, 41520 El Viso del Alcor (SEVILLE) Spain. Registry data. Volume 6980, Book 0, Folio 21, Section 8, Sheet SE128445, Registration or annotation: 1 / Date: (01.25.21).

For any question related to our Legal Warranty, you can contact us to hola@airtales.es or +34 645 472 928.

The products of TALESTECH CORP SL and all the products that you acquire through our sales channels are covered by a two-year legal guarantee against lack of conformity by virtue of the provisions of the General Law for the Defense of the Consumers and Users (Royal Legislative Decree 1/2007). The text of the relevant articles of the General Law for the Defense of Consumers and Users is transcribed at the bottom of this page.

In accordance with articles 114-124 of the aforementioned General Law for the Defense of Consumers and Users, consumers have, among others, the right to obtain from the seller, and if the legal conditions, the manufacturer, the repair or free replacement of those products that show a lack of conformity during the 24 months after delivery, provided that the lack of conformity existed at the time of delivery of the product. Unless proven otherwise, any lack of conformity that appears within 6 months after delivery of the product is presumed to already exist at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of lack of conformity.

Only consumers can benefit from the legal guarantee. Consumers are natural or legal persons who have acquired a product for a use not related to a commercial, business or professional activity. Therefore, the product or products described in an invoice in which the N.I.F. of a company or a professional in order to claim / deduct the applicable VAT are not entitled to benefit from the legal guarantee.

In accordance with the General Law for the Defense of Consumers and Users, a consumer can claim from the seller of a product and, if the conditions established by law are met, from the manufacturer, the rights derived from the legal guarantee for the lack of conformity existing at the time of delivery of the product and that are manifested within a period of 24 months from the delivery of the same. Unless proven otherwise, it shall be presumed that any lack of conformity manifested within the 6 months following delivery of the product already existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of lack of conformity.

Consumers can benefit from the legal guarantee as long as they can prove the purchase of the product (for example, by invoice or purchase receipt). Therefore, it is very important to always keep the receipt related to the corresponding purchase.

What is a lack of conformity?

According to article 116 of the General Law for the Defense of Consumers and Users, a product has a lack of conformity if said product:

  • It is not suitable for the uses to which products of the same type are ordinarily destined.
  • It does not conform to the description given by the seller and does not possess the qualities of the product that the seller has presented to the consumer in the form of a sample or model.
  • It does not present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller. , the producer or his representative, in particular in advertising or labeling.
  • It is not suitable for any special use required by the consumer when it has been made known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
What can a consumer do in the event of a lack of conformity in a product purchased in the TALESTECH CORP SL (AIRTALES) online store?

When a consumer becomes aware of a lack of conformity in a product purchased through the online store of TALESTECH CORP SL (AIRTALES), he can contact the Customer Service at the telephone number indicated at the end of this document. The contact details of Tales are also indicated in the following link: https://airtales.es/contact-airtales/?lang=en

The Customer Service will help the consumer to check if the conditions set forth in the General Law for the Defense of Consumers and Users are met. If the matter cannot be resolved by phone or if the product requires a technical diagnosis to determine if there is a lack of conformity, the consumer will be sent to a delivery point that will send the product to our Technical Service.

If it is determined that the conditions provided by the General Law for the Defense of Consumers and Users are met, the consumer will have the right to obtain from Such the repair or free replacement of the non-compliant product, unless the form of correction requested by the consumer is objectively impossible or disproportionate compared to the other, taking into account the value of the product, the nature of the lack of conformity and the possibility of implementing an alternative form of remedy without major inconvenience to the consumer.

If the repair or replacement of the product is impossible, does not eliminate the lack of conformity thereof, or has not been carried out in a reasonable time or without major inconveniences for the consumer, then the consumer will have the right to terminate the purchase contract and obtain the full refund of the purchase price satisfied (against the return of the product).

Note: the procedure described above is only applicable when a product is purchased in the TALESTECH CORP SL online store (AIRTALES – through the Internet or by phone) or in a TALESTECH CORP SL store (AIRTALES) by a consumer in Spain.

What can a consumers do in the event of a lack of conformity of a product that has not been purchased in the TALESTECH CORP SL (AIRTALES) online store or in an AIRTALES store?

Consumers who have purchased AIRTALES products in Spain, but not through the TALESTECH CORP SL (AIRTALES) online store or in a Tales Store, can contact the seller from whom they purchased the product to claim their legal rights in accordance with the General Law for the Defense of Consumers and Users.

In the event that it is impossible or represents an excessive burden for the consumer to claim directly from the seller, the consumer can direct their request for repair or replacement to AIRTALES, by contacting the Customer Service at the telephone number +34 695236545 which is also indicated at the end of this note. AIRTALES contact information is also indicated in the following link: Customer Service. Customer Service will follow the procedure indicated in the previous section.

When the consumer is referred to a TALESTECH CORP SL (AIRTALES) store to obtain a diagnosis of the problem of a Tales product, the consumer will be given a receipt that will identify both him and the product, and that can be used to contact the TALESTECH CORP SL (AIRTALES) store and verify the situation of the intervention.

In the event that the diagnosis determines that the product has a lack of conformity (that is, that the conditions set forth in the General Law for the Defense of Consumers and Users are met), the consumer will be informed of the estimated repair time.

If the diagnosis determines that the conditions provided in the General Law for the Defense of Consumers and Users are not met (for example, that the defect has been caused by an incorrect use of the product), the TALESTECH CORP SL (AIRTALES) store will will contact the consumer to inform him of the nature of the defect and the estimated cost of its repair. These costs will be borne in full by the consumer. Likewise, in certain cases, the consumer may be asked to pay the cost corresponding to the diagnosis carried out when no lack of conformity has been detected. The consumer will be informed of the corresponding cost when delivering the product so that the problem can be diagnosed.

When the legal warranty is not applicable, the TALESTECH CORP SL (AIRTALES) store will ask the consumer for approval of the budget to carry out the repair before starting the repair.

Tales Customer Service phone number: +34 695236545.

 

FULL TEXT OF ARTICLES 114-124 OF THE GENERAL LAW FOR THE DEFENSE OF CONSUMERS AND USERS
Article 114. General principles

The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application
  1. Included in the scope of this title are contracts for the sale of products and contracts for the supply of products to be produced or manufactured.
  2. The provisions of this title will not apply to products acquired through judicial sale, to water or gas, when they are not packaged for sale in limited volume or specified quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction to which consumers and users can attend personally.
Article 116. Conformity of the products with the contract
  1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
  2. They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
  3. They are suitable for the uses to which products of the same type are ordinarily destined.
  4. They are suitable for any special use required by the consumer and user when they have made the seller aware of it at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
  5. Present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller will not be bound by such public statements if he demonstrates that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to buy. the product.
  6. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when faulty installation is due to an error in the installation instructions.
  7. There will be no liability for lack of conformity that the consumer and user knew about or could not have justifiably ignored at the time of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions

The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.

 

CHAPTER II
Responsibility of the seller and rights of the consumer and user
Article 118. Responsibility of the seller and rights of the consumer and user

The consumer and user have the right to repair the product, to replace it, to reduce the price or to terminate the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product
  1. If the product does not comply with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate the chosen option to the seller, both parties will have to abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
  2. The form of remediation that, compared to the other, imposes on the seller costs that are not reasonable, will be considered disproportionate, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the form alternative sanitation could be carried out without major inconveniences for the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be considerably higher than the costs for the other form of remediation.
Article 120. Legal regime for the repair or replacement of the product

Repair and replacement will conform to the following rules:

  1. They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
  2. They must be carried out within a reasonable time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
  3. The reparation suspends the computation of the periods referred to in article 123. The suspension period will begin from when the consumer and user make the product available to the seller and will conclude with the delivery to the consumer and user of the product already repaired. During the six months after delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
  4. If the repair is completed and the product is delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in This chapter.
  5. The replacement suspends the terms referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, shall apply to the substitute product.
  6. If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
  7. The consumer and user may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.

 

CHAPTER III
Exercise of rights by the consumer and user
Article 123. Deadlines
  1. The seller is liable for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after the product was delivered, be it new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with nature of the product or the nature of the lack of conformity.

 


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