Warehouse wanted
ATTENTION:
This is an English translation from the Spanish original.
Only the SPANISH ORIGINAL VERSION applies.
COOKIES POLICY
In order to facilitate browsing the website, tonik24 trading, SL (hereinafter, TONIK24), with NIF: B76325869 and registered office at C/ Los Geranios, 3 - Los Patios - 35100 San Bartolomé de Tirajana (Las Palmas), as owner of the domain traso24.com and its subdomains, informs you that they use cookies or other data storage and recovery devices of similar functionality (hereinafter, "cookies").
In this regard, and with the aim of guaranteeing the user all the information necessary for correct browsing, the following information text is made available to the user on what cookies are, what type of cookies are used in the Web Environment, who uses these cookies and how they can be configured or disabled.
What is a Cookie?
Cookies are files sent from a web server that obtain information from users' devices, for example, about their preferences and browsing patterns.
Cookies are essential for the functioning of the Internet, as they offer technical solutions that allow the user to browse the different websites; they cannot damage the user's equipment/device and can be used to identify and resolve possible errors in the functioning of the Web Environment. They may also be used for advertising or analytical purposes.
1. USE OF COOKIES
Specifically, TONIK24 uses its own cookies generated directly by this domain and third-party cookies generated from other websites outside TONIK24, belonging to third party companies, for the specific purposes described below. If in the future TONIK24 were to use other cookies for the purpose of providing more and better services, the user will be informed of this.
2. STORAGE PERIODS
The cookies used by TONIK24 will be kept on your device for the time necessary for the purpose for which they were installed, and for a maximum of 2 years, unless you decide to delete them through the configuration options of your browser (see section 4 of this policy). The specific duration of each cookie is shown throughout this cookie policy.
3. INTERNATIONAL TRANSFERS
Some of the personal data obtained through third party cookies will be subject to international transfers, in which case TONIK24 respectively guarantees that the necessary guarantees will be adopted to protect the confidentiality, integrity and availability of the same. For more information on the international transfers made by each third party, please access their privacy policies shown in this cookie policy.
4. HOW TO ACCEPT, REJECT, BLOCK OR DELETE COOKIES
You can block or delete Cookies through your browser's configuration tools, or you can set your browser to warn you when a server wants to save a Cookie:
a) If you use Microsoft Internet Explorer, you will find the option in the menu Tools > Internet Options > Privacy > Settings. To find out more visit:
http://windows.microsoft.com/es-es/windows-vista/block-or-allow-Cookies http://windows.microsoft.com/es-es/windows7/how-to-manage-Cookies-in-internet-explorer-9
b) If you use Firefox, you will find the option in the menu Tools > Options > Privacy > Cookies. To find out more visit:
http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-Cookies-que-los-sitios-we
c) If you use Chrome, in the section Options > Advanced options > Privacy. Find out more:
https://support.google.com/accounts/answer/61416?hl=es
d) If you use Opera, in the Security and Privacy option, you can configure the browser. To find out more visit:
http://help.opera.com/Windows/11.50/es-ES/cookies.html
e) If you use Safari you will find the option in the Preferences/Privacy menu. More information can be found at
http://support.apple.com/kb/HT1677?viewlocale=es_ES
5. PAYPAL
We offer the option of processing the payment process via the payment service provider PayPal (PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). This is in line with our legitimate interest in offering an efficient and secure payment method. In this context, we pass on the following data to PayPal, insofar as it is necessary for the fulfilment of the contract.
First name
Last name
Address
E-mail address
Telephone number
The processing of the data provided under this section is not required by law or contract. We cannot process a payment via PayPal without the transmission of your personal data. You have the option of choosing a different payment method.
PayPal carries out a credit check for various services such as payment by direct debit in order to ensure your willingness and ability to pay. This corresponds to the legitimate interest of PayPal and serves the execution of the contract. For this purpose, your data (name, address and date of birth, bank account details) are passed on to credit agencies. We have no influence on this process and only receive the result of whether the payment has been made or rejected or a check is pending.
You can find more information about objection and removal options vis-à-vis PayPal at: https://www.paypal.com/en/webapps/mpp/ua/privacy-full.
Your data will be stored until payment processing is completed. This includes the period required for processing refunds, claims management and fraud prevention. We have a statutory retention period of 10 years for the following documents: Billing documents, delivery notes, orders.
6. USER RIGHTS AND ADDITIONAL INFORMATION
You can obtain more information on the processing of your data by TONIK24, as well as on how to exercise your rights in TONIK24's Privacy Policy. You can also contact:
TONIK24 on email:
Last update: December 2023
ATTENTION:
This is an English translation from the Spanish original.
Only the SPANISH ORIGINAL VERSION applies.
LEGAL NOTICE
Read carefully
Please read this document carefully. This is the Legal Notice governing access, browsing and use of the website at the URL www.traso24.com and its subdomains (hereinafter collectively referred to as "the Portal").
Accessing, browsing and using the Portal implies express and unconditional acceptance of all the terms and conditions of this Legal Notice, which shall have the same validity and effect as a written and signed contract.
Its observance and compliance is required of any person accessing, browsing or using the Portal. If you do not agree with the above conditions, do not access, browse or use the Portal.
1. IDENTIFICATION
Owner: tonik24 trading S.L. (hereinafter, "TONIK24")
TAX ID: B76325869
Registered Office: C/ Los Geranios, 3 - Los Patios - 35100 San Bartolomé de Tirajana (Las Palmas)
Registered in the Mercantile Register of San Bartolomé de Tirajana (Las Palmas) on 31 August 2018, Volume 2201, Folio 41, Page GC-54611, 1st Inscription.
The telephone number of our Consumer Service is +34 644 80 70 80
Contact email: oficina {AT} tonik24.com
2. PURPOSE AND SCOPE OF APPLICATION
This Legal Notice regulates access, browsing and use of the Portal, without prejudice to the fact that TONIK24 reserves the right to modify the presentation, configuration and content of the Portal, as well as the conditions required for its access or use. Changes to the terms of this legal notice will be published in the same form in which it appears or by any means of communication to users. Access to and use of the Portal after the entry into force of the modifications or amendments implies their acceptance.
However, access to certain content and the use of certain services may be subject to specific conditions, which will be clearly indicated in each case. These specific conditions may replace, supplement or, where appropriate, amend the provisions of this Legal Notice. In the event of contradictions, the specific conditions shall always and in all cases prevail.
3. Access and registration on the portal
By accessing and using the Portal, the User accepts this Legal Notice in its entirety and undertakes to comply with it in full, as well as any instructions or recommendations that, where appropriate, are given through the Portal.
Access to the Portal is free of charge.
The use of certain services and/or functionalities offered through the Portal requires prior registration with the creation of an online account, called Digital Account.
For more information about the Digital Account, please see the privacy policy here and the terms of use of the Digital Account and registration here.
Through the Digital Account you can do the following:
4. Purchase through the TONIK24 Digital Account:
Once the user has registered through the digital account, the user must provide the following information to register as a new TONIK24 customer:
-company name,
COMPANY NAME, -CIF/NIF,
-tax address,
-Business contact details.
Due to the wholesale nature of TONIK24, obtaining a TONIK24 Digital Account requires the presentation of documents proving the professionalism of the applicant. All documents required for the application will be indicated by TONIK24 during the registration process. Once the registration and verification process is completed, the customer will receive access to the email address of his digital account and must confirm the process.
As soon as the process is confirmed, you will be informed of the next steps.
Please note that the activation of the portal as a customer of TONIK24 depends on the submission of the documents required by TONIK24.
5. Portal rights
Access, browsing and use of the Portal by the User in no case implies the waiver, transmission, licence or total or partial transfer by TONIK24 of the aforementioned rights. By accessing the Portal, the User acquires the right to use the contents and/or services of the Portal during the use of the same and for the sole purpose of enjoying the services of the Service in accordance with this legal notice.
References to registered trademarks or trade names or other distinctive signs, whether owned by TONIK24 or third parties, implicitly prohibit their use without the consent of TONIK24 or their legitimate owners. Access, browsing or use of the portal or its contents does not at any time, unless expressly stated to the contrary, confer any right on the user over the distinctive signs contained therein.
All intellectual and industrial property rights over the contents of the Portal are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, totally or partially, for public or commercial purposes, the contents contained therein, whatever the means and form in which it is carried out, without the prior, express and written authorisation of TONIK24 or, where appropriate, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or alter the copyright notices or other notices identifying the holders of the rights to the contents of the Portal or to the software and its components, as well as the technical protection devices, digital fingerprints or any protection mechanisms or information incorporated therein.
The services offered or the information provided through the portal may not be used for commercial or advertising purposes without the prior consent of TONIK24.
In any case, the user undertakes not to use the portal for illegal or prohibited purposes.
6. Rights over the content and information disseminated by the User
In the event that the User sends information of any kind to TONIK24 through any of the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property right, trade secret or other rights of third parties and that said information is not confidential or harmful to third parties, assuming otherwise all possible responsibilities.
The user acknowledges that he/she assumes responsibility and exempts TONIK24 from any communication made by him/her personally, in his/her name or on his/her behalf. This liability extends, without limitation, to the accuracy, legality, originality and ownership of such communications.
In the event that the User becomes aware of the existence of illicit, illegal or unlawful content that may involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify TONIK24 so that it can take the appropriate measures.
7. LINKS
In the event that the portal has links to other web pages by means of various buttons, links, banners, embedded contents, etc., TONIK24 informs you that these links are managed directly by third parties. TONIK24 informs you that these links are managed directly by third parties. TONIK24 has neither the power nor the human or technical means to know in advance, control or authorise all the information, contents, products or services offered by other platforms to which links may be established from the Portal.
Consequently, TONIK24 cannot assume any type of responsibility for any aspect relating to the platform or web page to which a link may be established from the Portal, including, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or its contents, in general.
In this sense, if the user becomes aware that the activities carried out through these third party websites are illegal or contrary to morality and/or public order, he/she must immediately inform TONIK24 so that the access link to these websites can be deactivated.
In any case, the establishment of a link from the Portal to another external website does not imply that there is any type of relationship, collaboration or dependence between TONIK24 and the person responsible for the external website.
8. Rules of use
Access to or use of the Portal for illegal or unauthorised purposes, with or without economic purpose, is not permitted and the User is solely responsible for the consequences. Without the following list being of an absolute or restrictive nature, the following in particular are prohibited:
1) Using the Portal in a way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
2) Using the Portal to transmit, install or publish viruses, malicious codes or other harmful programs or files;
3) Use the Portal in a way that constitutes an infringement of the rights of TONIK24 or of a third party;
4) Use the Portal to transmit or publish any defamatory, libellous, slanderous, racist, vulgar, libellous, pornographic, obscene, threatening or harassing material to any other person;
5) Use the Portal illegally, against good faith, morality and public order;
6) Accessing or interacting with the Portal under a false identity, impersonating a third party, using a profile or any other act that may cause confusion as to the identity of the origin of a message;
7) Unauthorised access to any part of the Portal, to other systems or networks connected to the Portal, to any TONIK24 server by hacking or forgery, password mining or any other illicit means;
8) Violate or attempt to violate the security or authentication measures of the Portal or any network connected to the same, or the security or protection measures inherent to the contents hosted on the Portal;
9) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Portal or in the systems or networks of TONIK24, as well as in the systems and networks connected to the Portal;
10) Entering obviously false data, whether the user is aware of it or not.
The breach of any of the above obligations by the User may give rise to TONIK24, in the exercise of its rights and obligations, adopting the appropriate measures protected by law and blocking the use of the Portal by the offending User, without the possibility of compensation for the damages caused.
9. responsibilities and guarantees
TONIK24 cannot guarantee the reliability, usefulness or accuracy of all the information contained in the Portal, nor the usefulness or accuracy of the documentation made available through the Portal.
Consequently, TONIK24 does not guarantee or accept responsibility for: (i) the continuity of the contents, services and/or functionalities of the Portal; (ii) the absence of errors in said contents; (iii) the absence of viruses or other harmful components in the Portal or in the server that supplies it; (iv) the inviolability of the Portal or the impossibility of breaching the security measures adopted for the same; (v) the lack of usefulness or performance of the contents of the Portal; and (vi) the damage or harm caused to oneself or to third parties by infringing the conditions, rules and instructions established by TONIK24, or by infringing the security systems.
Nevertheless, TONIK24 declares that, within its possibilities and the state of the art, it has adopted all the necessary measures to guarantee the correct functioning of the portal and to minimise system errors, both from a technical point of view and in terms of the contents published, as well as to avoid the existence and transmission of viruses and other harmful components to the users' computer systems.
TONIK24 does not guarantee the legality, reliability and usefulness of the contents transmitted or provided by third parties through the portal. In the event that the user becomes aware of the existence of illegal or illicit content or content that may infringe the rights of third parties, he/she must immediately notify the provider so that the latter may adopt the appropriate measures.
In this sense, TONIK24 is not obliged to control the contents transmitted or supplied by third parties, except in cases where this is required by the applicable legislation or when required by a competent judicial or administrative authority.
10. Suspension of the Portal
TONIK24 reserves the right to suspend, modify, limit or interrupt temporarily or definitively the access, browsing, use, hosting or downloading of contents or the use of the services and/or functionalities of the Portal, with or without prior notice to users who infringe any of the provisions listed in this legal notice, without the user having the possibility of claiming compensation for this reason.
11. Confidentiality and data protection
All personal data obtained through the use of the portal will be processed in accordance with the provisions of the TONIK24 Privacy Policy and the Cookie Policy.
Furthermore, the processing of personal data collected and processed in the digital account is carried out in accordance with the provisions of the relevant privacy policy.
12. General
Likewise, TONIK24 may terminate, suspend or interrupt, at any time and without prior notice, the use and, where appropriate, access to the contents of the Portal, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents mentioned above in this legal notice shall remain in force.
If a court or a competent administrative authority considers any of the provisions of this Legal Notice to be invalid or unenforceable in whole or in part, the invalidity or unenforceability of the remaining provisions of this Legal Notice shall not be affected.
TONIK24's failure to exercise or enforce any right or provision of this Legal Notice shall not constitute a waiver thereof.
13. Applicable legal provisions and competent jurisdiction.
The applicable regulations determine the laws that govern the relations between TONIK24 and the users of the Portal and the jurisdiction that should be aware of these relations. Nevertheless, when these regulations foresee the possibility of the parties submitting themselves to a specific jurisdiction for all litigation arising from or related to the Portal, the Spanish legislation in force at the time of the events will be applied. Likewise, TONIK24 and the users, expressly waiving any other jurisdiction that may correspond to them, submit to the courts and tribunals of the city of Las Palmas de Gran Canaria (Spain).
If you wish to make a complaint about the use of our services, please contact us through the channels mentioned in point 1.
Last updated: December 2023
Copyright © TONIK24 TRADING S.L. All rights reserved.
ATTENTION:
This is an English translation from the Spanish original.
Only the SPANISH ORIGINAL VERSION applies.
PRIVACY POLICY
1. Who is responsible for the processing of personal data?
TONIK24 TRADING, S.L. (hereinafter "TONIK24").
Headquarters: C/ Los Geranios, 3 - Los Patios - 35100 San Bartolomé de Tirajana (Las Palmas)
TAX IDENTIFICATION NUMBER: B76325869
Registered with the Trade Register of San Bartolomé de Tirajana (Las Palmas) on 31 August 2018, Volume 2201, Folio 41, Page GC-54611, first entry.
To regulate your questions and rights as a data subject, you can contact the Data Protection Officer of TONIK24 (hereinafter "DPO") by email:
2. For what purposes and for what legitimate reasons do we process your data?
The user's personal data are processed autonomously and manually and/or automatically for the following specific purposes:
The registration as a user in the digital account (hereinafter "digital account") and the management of user accounts. The processing of data for this purpose is carried out in the context of the performance of the contractual relationship to which you are a party. Answering questions and doubts raised by users in connection with the digital account services. The processing of data for this purpose is legitimised in the context of the implementation of the pre-contractual and, where applicable, contractual relationship in which you are involved. If expressly authorised, in order to create a commercial profile of the user and carry out commercial actions tailored to it (browsing data, access habits, traffic) in accordance with the cookie policy. The processing of your data for this purpose is legitimised by the consent given by you through the configuration of cookies. Creation of statistical reports on the commercial profiles of users, carried out in accordance with the access habits and activities of users on the digital account, in accordance with the cookie policy. The processing of your data for this purpose is legitimised by the consent given by you through the configuration of the cookies. Compliance with the obligations established by law. To monitor the exercise of the protection rights by the user.
The consents obtained for the above purposes are independent of each other, so that the user can revoke one or more of them without affecting the others.
3. What categories of data do we process?
The following categories of data are processed by data controllers:
Identifying data: Surname, first name, postal address, email address, postcode, telephone number, city, etc.
Professional data: Occupation, position, etc.
Traffic and location data.
Business data: tax identification number, company name and trade name.
The personal data requested are generally mandatory, except in cases where it is expressly stated otherwise, so that their refusal makes it impossible to fulfil the above purposes. Therefore, if the user does not provide them, it will not be possible to register him/her on the website or to process his/her request.
In the event that the interested party provides data from third parties, he declares that he has their consent and undertakes to provide them with the information contained in this clause, releasing the correspondents from any liability in this regard. However, controllers may carry out checks to confirm this fact by carrying out the appropriate due diligence in accordance with the data protection regulations.
PAYPAL
We offer the option of processing the payment process via the payment service provider PayPal (PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). This is in line with our legitimate interest in offering an efficient and secure payment method. In this context, we pass on the following data to PayPal, insofar as it is necessary for the fulfilment of the contract.
First name
Last name
Address
E-mail address
Telephone number
The processing of the data provided under this section is not required by law or contract. We cannot process a payment via PayPal without the transmission of your personal data. You have the option of choosing a different payment method.
PayPal carries out a credit check for various services such as payment by direct debit in order to ensure your willingness and ability to pay. This corresponds to the legitimate interest of PayPal and serves the execution of the contract. For this purpose, your data (name, address and date of birth, bank account details) are passed on to credit agencies. We have no influence on this process and only receive the result of whether the payment has been made or rejected or a check is pending.
You can find more information about objection and removal options vis-à-vis PayPal at: https://www.paypal.com/en/webapps/mpp/ua/privacy-full.
Your data will be stored until payment processing is completed. This includes the period required for processing refunds, claims management and fraud prevention. We have a statutory retention period of 10 years for the following documents: Billing documents, delivery notes, orders.
4. Who are the recipients of the data?
Your personal data may be disclosed by the controllers to:
National Police Authorities and other competent authorities and administrations, in accordance with the provisions of the law. Service providers who carry out the data processing described in the Privacy Policy in accordance with applicable data protection legislation. These providers will not process your data for their own purposes of which they have not been previously informed by the data controllers. Companies belonging to the TONIK24 Group, for the provision of administrative services, system support, as well as for the execution of the corresponding reports between them.
The service providers are used to fulfil the purposes stated in this policy. In this context, we point out that we ensure that these service providers process personal data in accordance with European data protection law in order to guarantee a high level of protection through corresponding contractual regulations, even if personal data is transferred to a country in which a different level of data protection exists and for which there is no adequacy decision by the EU Commission. Please note that no further transfer of personal data to other recipients will take place unless required by law. For more information on the adequate safeguards in relation to international data transfers or a copy of these safeguards, please contact the Data Protection Officer designated by the Joint Controllers by email at
6. How long will we keep your personal data?
Your personal data will be kept for different lengths of time depending on the purpose for which it is processed:
In the case of processing your data to manage your registration as a user on the Platform, your data will be kept for the period during which you have the status of a registered user (until you withdraw your consent) and also thereafter until the expiry of the limitation period for any legal action that may arise from the registration. In the case of processing of your data to respond to enquiries and doubts expressed through the website, your data will be processed for the duration of the enquiry and also thereafter until the expiry of the limitation period for any legal action. In the event that your personal data is processed to analyse user behaviour on the Platform in accordance with the Cookie Policy, your data will be processed by cookies for a period of one year from the date of collection. If your data is processed to comply with obligations laid down by law, your data will be processed for the periods laid down by law in relation to those obligations. If your data is processed to fulfil data protection rights exercised by you, your data will be processed for the duration of the processing of the exercise of the right in question and also thereafter until the expiry of the limitation period for any legal action that may arise from the exercise of the right in question.
7. What rights do you have when your data are processed?
The data subject has the right to:
Revoke the consents given. Access their personal data. Correct inaccurate or incomplete data. Request the erasure of their data if, among other things, the data is no longer necessary for the purposes for which it was collected. Request from the controllers the restriction of the processing of the data if one of the conditions provided for in the data protection rules is met. In certain circumstances and on grounds relating to their particular situation, data subjects may object to the processing of their data. Controllers shall stop processing the data unless there are compelling legitimate grounds for doing so or in order to assert or defend claims. They may contact a human being to express their point of view and, where appropriate, to challenge automated decisions made by controllers. to request portability of their data. To know the essential aspects of the agreement between TONIK24, which regulates the functions and responsibilities of each entity in relation to the processing of users' personal data and their relations with them, as well as the procedures and mechanisms for exercising the rights of the parties concerned.
Likewise, you may file a complaint with the Spanish Data Protection Authority if the data subject considers that the data controllers have violated the rights recognised in the applicable data protection legislation. As the data controller, you may send a written request to the postal address C/los Geranios, 3, enclosing a photocopy of a document confirming your identity, in order to exercise the above rights at any time and free of charge. Without prejudice to the foregoing, the data subject may contact the Data Protection Officer, designated among those responsible, and request this in writing by email to the address
8. Where does the data come from if it does not come from the data subject?
In addition to the information you provide us directly (e.g. via forms, etc.), we receive information about your browsing habits if you consent to this.
If the data transferred relates to natural persons other than the data subject, the data subject must declare that he or she has been informed about and has given prior consent to the processing of his or her data for the purposes set out in these clauses. In the specific case of the involvement of professionals and invitations from industry colleagues and/or employees, it undertakes to have the necessary legitimacy and to obtain their express consent.
9. What security measures do we take to protect your data?
The data controllers will treat the data with absolute confidentiality at all times and will comply with the mandatory obligation of secrecy in accordance with the regulations in force, taking the necessary technical and organisational measures to this end to ensure the security of your data and prevent its alteration, loss, unauthorised processing or access, taking into account the state of the art, the nature of the data stored and the risks to which it is exposed.
10. Changes to the privacy policy
The controllers reserve the right to amend this privacy policy in order to adapt it to any new legislation. In such cases, the changes will be announced on the platform in good time before they are implemented.
Last update: 21.12.2023
ATTENTION:
This is an English translation from the Spanish original.
Only the SPANISH ORIGINAL VERSION applies.
General Terms and Conditions of Business, Delivery and Payment of tonik24 trading SL
Deliveries and services (hereinafter: Deliveries) of tonik24 trading SL (hereinafter: TONIK24) shall be performed on the basis of the following terms and conditions, unless TONIK24 and the Customer agree otherwise in writing in individual cases:
Conclusion of the Contract
1. The general terms and conditions of the customer shall apply to TONIK24 only to the extent that TONIK24 has expressly accepted them in writing.
2. All offers made by TONIK24 are non-binding. TONIK24 shall be entitled to accept the Customer's orders within two weeks after receipt by TONIK24.
3. Subsidiary and additional agreements, quality specifications of the Products, guarantees of quality or durability and other agreements made before, during or after the conclusion of a supply contract shall only be valid if they are made in writing.
Scope and subject matter of the Supply
1. If the object of the Supply consists of software, TONIK24 may, insofar as is feasible and reasonable for the Customer, choose to effect the Supply in the following manner: by sending it by e-mail or by referring the Customer to a download service via the Internet.
2. If the installation and use of the software supplied is dependent on the possession of a licence key, TONIK24 shall also deliver a licence key enabling the operability of the software supplied to the agreed extent. Section 1 above shall apply accordingly to the delivery of such a licence key.
3. If the subject matter of the delivery consists of accompanying material for the Software (e.g. user manual, data sheets, etc.), TONIK24 shall, at its choice, deliver the accompanying material in printed form, as content accessible via the Internet or in accordance with section 1 above.
4. TONIK24 reserves the right to make changes to the agreed delivery items, in particular in the course of new developments, until delivery to the Customer, provided that the agreed performance data and quality specifications are achieved.
5. All deliveries shall be ex works (EXW) in accordance with Incoterms 2020.
6. Partial deliveries are admissible insofar as they are reasonable for the Customer.
7. Items delivered for test and demonstration purposes shall remain the property of TONIK24. The customer shall be obliged to take care of proper and secure storage against access by third parties and may use the goods beyond the purpose of testing and demonstration only on the basis of a separate agreement with TONIK24.
Delivery dates and delays
1. Delivery dates shall not be binding unless they are expressly agreed in writing to be binding. In the case of binding delivery dates, TONIK24 shall only be in default if the delivery is overdue, the Customer has unsuccessfully granted TONIK24 a reasonable period of grace in writing and TONIK24 is responsible for the delay.
2. Compliance with binding delivery dates by TONIK24 shall be subject to punctual fulfilment of all acts of cooperation by the Customer and compliance with the agreed payment terms and other obligations of the Customer. If these requirements are not met in time, binding delivery dates shall be postponed accordingly.
3. If delivery deadlines are not met due to force majeure, such as mobilisations, war, pandemics, riots or similar events, such as strikes or lockouts, the delivery deadlines shall be postponed accordingly for the duration of the aforementioned delivery hindrances.
4. In the event of slight negligence, the customer's claim for damages due to the delay in delivery is excluded, otherwise limited to the amount of the foreseeable damage, however, to a maximum of 5% of the value of the delivery affected by the delay. The customer shall only be entitled to withdraw from the contract within the scope of the statutory provisions if TONIK24 is responsible for the delay in delivery. At the request of TONIK24, the customer shall declare within a reasonable period of time whether he withdraws from the contract due to the delay in delivery or insists on delivery. The above limitations of liability shall not apply in the event of intent or gross negligence on the part of TONIK24.
5. A change in the burden of proof to the detriment of the customer is not related to the above provisions.
Prices, terms of payment and retention of title
1. The agreed prices shall be ex works, excluding packaging, plus the applicable statutory value added tax.
2. Deliveries shall be against prepayment (by credit card, if applicable, Paypal) or cash on delivery as indicated/available in the shop.
3. All deliveries shall be made under reservation of title until all payment obligations of the customer in respect of the delivery in question have been fulfilled in full. Notwithstanding the aforementioned retention of title, the customer is not authorised to resell the delivery items in the course of his business. The customer hereby assigns to TONIK24 all claims arising from such sales transaction in the amount of the price agreed with TONIK24 for the delivery items on account of performance. TONIK24 may disclose this assignment at any time in order to secure its claims for payment. At TONIK24's request, the Customer shall inform TONIK24 of the name and address of its customers concerned and the nature and extent of its claims against them. In the event of attachment, seizure or other dispositions or interventions by third parties, the Customer shall immediately notify TONIK24.
4. The Customer shall only be entitled to set off claims that are undisputed or have become res judicata. The Customer may only exercise the right of retention for counter-claims based on the same delivery contract.
Rights to the Software and its additional material
1. In return for payment of the agreed licence fee, TONIK24 grants the Customer a non-exclusive and non-transferable right in accordance with clauses 11 and 12. to install and use the Software for internal purposes together with the accompanying material and the licence key. The rights are granted either (i) to software created by TONIK24 itself and/or offered under this trademark (TONIK24 Software); or (ii) to software that is not TONIK24 software (Third Party Software).
2. A TONIK24 system is the totality of software components which are technically or logically linked to each other and which, as such, are managed within an administration instance. Each TONIK24 system contains one or more end-user organisations (company, authority, association). The various TONIK24 software products and modules that can be installed on a TONIK24 system contain installation and user licences. Each of these licences is issued specifically for the end-user organisation that has purchased the software. Unless otherwise stated, the licence is valid only for members of that organisation.
3. If the customer has purchased a domain licence, the software may only be installed on this single server that resolves to this domain name. A domain licence cannot be operated on more than one server.
4. When ordering, the customer has indicated the domain on which he wants to install the software. The licence key is only valid for the domain name (www.) indicated by the customer in the order process.
5. If the customer wishes to use the software on multiple servers under multiple domain names, he must purchase an individual licence for each domain name.
6. The names and trademarks used for the software, as well as the industrial property rights and copyrights existing in the software and the accompanying material, shall remain the exclusive property of the manufacturer TONIK24 trading SL and/or its licensors, unless otherwise stipulated in these General Terms and Conditions.
7. The software and the licence key shall remain the property of TONIK24 trading SL. Furthermore, the software, the licence key and the accompanying material (user manual, data sheet, etc.) may not be modified, edited, disassembled, decompiled, reconstructed, redesigned or used in any way other than as intended.
8. The Customer may permanently sell or give away the most current version of the Software to third parties, provided that (i) the Software is provided together with the accompanying materials; and (ii) the third party purchaser agrees to the continued application by the Customer of licence terms whose terms of use and confidentiality are at least as restrictive as the related terms in these Terms and Conditions; and (iii) the third party purchaser agrees to obtain a new TONIK24 licence key from TONIK24 at TONIK24's expense. In the event of a transfer, the Customer shall transfer to the third party acquirer all (backup) copies of the Software, the License Key or the accompanying material or destroy the non-transferred copies. As a result of the transfer, the right of the transferred Customer to use the Software, the Licence Key and/or the enclosed material shall expire.
9. The Customer may provide third parties with the latest version of the software, including accompanying material, for a limited period of time, provided that (i) this is not done by way of rental for acquisition purposes (e.g. lease, ASP service); and (ii) the third party agrees to licence terms and conditions with the Customer that are at least as restrictive as the relevant provisions of these Terms and Conditions; and (iii) the third party is willing to obtain a new licence key from TONIK24 at its expense; and (iv) the Customer transfers to the third party all copies of the Software and accompanying material, including backup copies, or destroys any untransferred copies. The Customer shall have no right to use the Software during the period in which the Software is transferred to the third party. The transfer of the delivered software to third parties for a limited period of time for acquisition purposes (e.g. leasing, ASP service) shall require the prior written consent of the manufacturer TONIK24 trading SL.
10. The rights of use of the software, accompanying material and licence key shall terminate with immediate effect if the customer exceeds his rights of use in accordance with this section or infringes the above provisions.
Material defects
TONIK24 shall be liable for material defects exclusively in accordance with the following clauses.
1. The Customer shall inspect the delivered Products immediately upon receipt for completeness, conformity with the delivery documents and defects, as is customary in the trade. If no written complaint is made within 5 days from the date of the delivery note, the object of delivery shall be deemed to have been delivered correctly and in its entirety, unless it is a defect that could not be recognised in a customary inspection. If the deliverable is a computer program, the inspection shall require the installation and use of the program, unless this is not customary in the industry.
2. TONIK24 warrants that the Products are free from material defects and are suitable for the use intended in the individual Supply Agreement. If the object of delivery consists of software, TONIK24 warrants that the software does not deviate materially from the performance data and specifications of the published data sheet for the software (e.g. www.TONIK24.com or TRANSOLUTION24.com or TRASO24.com).
3. Deliveries that show a material defect within the period of limitation shall, at TONIK24's option, be repaired, replaced or supplied again free of charge, provided that the cause of the defect already existed at the time of delivery. TONIK24 shall also be entitled to fulfil its obligation of subsequent performance in the event of material defects in the Software on the part of TONIK24.
a. provide an updated version of the Software, or
b. provide remedies, provided that this is reasonable for the Customer in each individual case and the agreed performance data and quality specifications for the Software are met. If the supplementary performance fails, the Customer may terminate the contract or reduce the remuneration. In the event of termination of the contract, the Customer shall, at the request of TONIK24, destroy the original data carriers, including the accompanying written material provided.
4. Claims for material defects shall become time-barred 12 months after delivery. This shall not apply if longer periods are prescribed by law and in cases of injury to life, body or health, in the event of intentional or grossly negligent breach of duty on the part of TONIK24 and in the event of fraudulent concealment of a material defect. The statutory provisions on suspension of expiry, suspension and resumption of periods shall remain unaffected.
5. The customer shall immediately notify TONIK24 in writing of any material defects.
6. In particular, no claims for material defects shall exist in the following cases
- in the case of insignificant deviation from the agreed quality, or
- only an insignificant impairment of usability, or
- if written notification of the material defect has not been given or has been delayed, or
- if the material defect of the software material is not reproducible or cannot be indicated on the basis of the overall results by the machine, or
- if the delivery of the software is part of a service provided by TONIK24 (maintenance service), insofar as such software is essentially comparable to the software to be maintained.
7. The customer shall immediately notify TONIK24 in writing of any material defects.
8. In particular, claims for material defects shall not exist a. in case of insignificant deviation from the agreed quality, or b. only insignificant impairment of usability, or c. if the written notification of the material defect has not been made or has been delayed, or d. if the material defect of the software has not been made or has been delayed, or d. if the material defect of the software has not been made or has been delayed, or e. if the material defect of the software has not been made. if the material defect in the software is not reproducible or cannot be indicated on the basis of the results generated by the machine, or e. if the delivery of the software is part of a service provided by TONIK24 (maintenance service), insofar as such software is essentially comparable to the software to be maintained.
9. Claims for damages and reimbursement of expenses are limited to the purchase price of the respective goods or product. Further claims for damages are excluded.
Defects of title
TONIK24 shall be liable for defects of title exclusively in accordance with the following clauses.
1. TONIK24 shall deliver the Products in such a way that they can be used at the time of delivery free of industrial property rights and copyrights of third parties existing at the agreed place of delivery (hereinafter: the Property Rights).
2. To the extent reasonable for the Customer in each individual case, TONIK24 shall be entitled, in the event of an alleged infringement of the Property Rights, to provide the Customer, within a reasonable period of time, with a delivery item in exchange for the infringing delivery item which does not infringe the Property Rights and which has essentially the performance data and characteristics described in the data sheet attached to the infringing software.
3. Claims for defects of title become time-barred 12 months after delivery.
4. Any liability of TONIK24 for defects of title shall be excluded if and insofar as the infringement is not caused by the Deliverable itself, but by the application or use thereof, unless such application is expressly provided for in the accompanying written material. Any liability of TONIK24 shall be excluded if the Customer fails to notify TONIK24 in writing without undue delay after becoming aware of a possible infringement of IPR.
5. Claims for damages and reimbursement of expenses are limited to the purchase price of the respective goods or product. Further claims for damages are excluded.
Further claims for damages
1. Claims for damages and reimbursement of expenses by the customer (hereinafter referred to as claims for damages), irrespective of the legal grounds, in particular for breach of obligations arising from the delivery contract and tort, are excluded. In particular, claims for damages for loss of stored data are excluded if the damage would not have occurred in the event of a reasonable and adequate data backup.
2. This shall not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, or breach of a condition that goes to the root of the contract. However, a claim for damages for breach of essential contractual obligations shall be limited to foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, body or health. The above provisions do not imply a shift in the burden of proof to the detriment of the customer.
3. Insofar as the customer is entitled to claims for damages hereunder, these shall become time-barred upon expiry of the limitation period applicable to claims for material defects in accordance with the clause "Defects of title". In the case of claims for damages under the Product Liability Act, the statutory limitation provisions shall apply.
Other conditions
1. Supply contracts with the customer and their conclusion shall be governed by the laws of Spain, in particular the laws of the Canary Islands, Gran Canaria, Las Palmas. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The exclusive place of jurisdiction for disputes arising out of or in connection with these contracts is Las Palmas de Gran Canaria.
2. Should any provision of this contract be or become invalid, this shall not affect the validity of this contract, unless adherence to it would constitute an unreasonable hardship for one of the parties. The parties shall replace the invalid provision with one that comes as close as possible to the intention of the parties at the time of conclusion of the contract.
Digital content
Digital content is content, such as software, video as well as audio content, e-books or apps, files, if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers, such as CDs or BlueRays).
The provisions of these General Terms and Conditions shall apply accordingly to the sale of digital content.
The provisions of these General Terms and Conditions shall apply mutatis mutandis to the sale of physical data carriers that serve exclusively as carriers of digital content.
The digital content is made available to the customer in the form of an option to download it.
The digital content is sent to the customer by means of an e-mail to the e-mail address provided.
The seller is entitled to subsequently adapt and change digital content, provided that this is necessary for the seller (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons that make it necessary to adapt content) and is reasonable for the customer and the contractual use of the products and the contractual balance are not impaired.
For the use of the digital content, access to the Internet as well as common and usual display options that are reasonable for the customer (e.g. a browser or PDF display software) are assumed. The Seller assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Customer (this applies in particular to the Customer's access to the Internet).
Digital Services
Digital services exist if they enable the customer, the creation, processing or storage of data in digital form or access to such data or enable the sharing of data uploaded or created in digital form by the customer or other users of the relevant service or other interactions with this data.
The provisions of these General Terms and Conditions shall apply to digital services accordingly.
Sale of license keys
These General Terms and Conditions apply accordingly to the sale of license keys.
When purchasing license keys, the customer is granted the rights to use the respective product, for example software or content, which are evident from the product description.
The ordered license keys will be sent to the customer at the specified e-mail address.
Unless stated in the product description, the license key may only be used after payment of the fee.
Cancellation policy and cancellation form for consumers
A consumer within the meaning of this cancellation policy is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (tonik24 trading SL, C/los Geranios, 3 --Los Patios, 35100 San Bartolomé de Tirajana (Las Palmas) Gran Canaria, Spain, e-mail address: traso [AT] tonik24.com, telephone number: +34 644807080) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Exclusion or premature expiration of the right of revocation
The right of withdrawal expires prematurely when we have started the execution of the contract (e.g. for digital products). The right of withdrawal expires with the start of the execution.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To
tonik24 trading SL, C/los Geranios, 3 --Los Patios, 35100 San Bartolomé de Tirajana (Las Palmas) Gran Canaria, Spain, e-mail address: traso [AT] tonik24.com
Herewith I/we (*) revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/provision of the following service (*)
______________________________________________________
______________________________________________________
Ordered on (*) ____________ / received on (*) _________________
_______________________________________________________
Name of the consumer(s)
_______________________________________________________
Address of the consumer(s)
_______________________________________________________
Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete where not applicable
Last updated: 21.12.2023