Refund policy
RETURNS AND REFUNDS POLICY
1. Scope
At GasspringsEU we sell both standard products and products manufactured, configured or adapted specifically according to the technical specifications provided or confirmed by our customers.
This Returns and Refunds Policy sets out the conditions applicable to returns, withdrawals, incidents, customised products and refunds.
Where the customer is legally a consumer or user, these conditions apply without prejudice to the mandatory rights granted by Spanish and European Union consumer protection law.
In transactions with companies, professionals or traders acting within the scope of their business or professional activity, the statutory right of withdrawal provided for consumers does not apply, unless GasspringsEU expressly agrees otherwise.
2. Right of withdrawal for standard products
Consumers who make a distance purchase have 14 calendar days from receipt of the product to notify their decision to withdraw from the purchase, without having to give any reason, in the cases where this right applies by law.
To exercise the right of withdrawal, the customer must notify us within that period at:
The notification must allow the order to be sufficiently identified and must clearly state the customer's decision to withdraw from the purchase.
This right applies only to products for which the law recognises the right of withdrawal and, in particular, to standard products that have not been made or personalised according to the customer's specifications.
3. Deadline for an authorised return
Once the customer has validly notified their decision to withdraw, or GasspringsEU has expressly authorised a return, the product must be sent or made available to GasspringsEU without undue delay and, where a consumer is exercising the statutory right of withdrawal, no later than 14 calendar days after the date on which they notified their decision to withdraw.
The deadline will be deemed to have been met if the customer can prove that the product was sent before those 14 calendar days expired.
Unless GasspringsEU expressly provides other instructions, returns must be sent to:
GasspringsEU
C/ Azorín 5
46210 Picanya (Valencia)
Spain
Where a return is purely commercial or exceptional and does not arise from the exercise of a statutory right of withdrawal, GasspringsEU may set out in the return authorisation the specific period during which that authorisation remains valid.
If that period expires without the product having been sent, the commercial or exceptional authorisation may lapse and a new authorisation will have to be requested, the acceptance of which will be at GasspringsEU's discretion.
Where a consumer is exercising the statutory right of withdrawal, the periods and rights established by the applicable law will apply in all cases.
Products must not be sent without first notifying GasspringsEU of the return.
4. Return costs
Where the return arises from the exercise of the right of withdrawal in respect of a standard product and there is no error, defect or lack of conformity attributable to GasspringsEU, the direct cost of returning the product will be borne by the customer, provided that the customer has been duly informed of this.
The customer may use any carrier they wish, although we recommend a service that provides proof of shipment and tracking.
Where the return is the result of an error by GasspringsEU or of a lack of conformity legally attributable to the company, the costs necessary to bring the product into conformity will be borne by GasspringsEU in accordance with the applicable law.
5. Customised, configured or made-to-measure products
Pursuant to Article 103(c) of Spanish Royal Legislative Decree 1/2007, goods made to the consumer's specifications or clearly personalised are excluded from the right of withdrawal.
Consequently, gas springs or other products that have been manufactured, configured or modified specifically according to any of the following cannot be returned by exercising the right of withdrawal:
- Measurements provided or confirmed by the customer.
- Extended or compressed length.
- Stroke.
- A specific force or pressure (N).
- End fittings.
- Threads.
- References.
- Specific configurations.
- Drawings or samples.
- Any other individual technical specification requested or confirmed by the customer.
This exclusion does not affect the rights that apply by law where there is a defect or lack of conformity attributable to GasspringsEU.
6. Order confirmation and technical specifications
By confirming the order, the customer acknowledges that they have reviewed and accept the technical specifications stated in the order, quotation, email, technical documentation or any other means used to confirm the requested configuration.
Before confirming the order, the customer must check in particular:
- Measurements.
- Extended and compressed length.
- Stroke.
- Force (N).
- End fittings.
- Threads.
- References.
- Compatibility.
- Quantity.
- Any other characteristic that is decisive for their application.
GasspringsEU will manufacture or configure the product according to the information provided and confirmed.
Therefore, in the case of a customised product, withdrawal will not be available on the grounds of incompatibility or failure to fit resulting from incorrect data, measurements, references, force or specifications provided or confirmed by the customer.
Once manufacture or customisation of the product has begun, the order cannot be cancelled, unless GasspringsEU expressly and exceptionally agrees or where required by law.
7. Technical advice
GasspringsEU may provide technical advice to help the customer identify the product best suited to their needs.
This advice is based on the information available and, in particular, on the photographs, samples, drawings, references, measurements, explanations and other data provided by the customer.
The customer must cooperate by providing truthful, complete and technically sufficient information and must review the proposed specifications before confirming the order.
GasspringsEU's advice cannot guarantee compatibility where it depends on technical circumstances unknown to the company or on incorrect, incomplete or insufficient information provided by the customer.
The above is without prejudice to any liability that may legally attach to GasspringsEU for its own actions.
8. Discontinued and obsolete models and equivalent products
Where a manufacturer has discontinued or stopped producing a particular reference, GasspringsEU may propose a technically equivalent or compatible solution.
That alternative may differ from the original product in aspects such as design, manufacturer, finish, colour, appearance, thread length or other characteristics that are not essential to its use.
Where the customer has been informed of these differences in advance and has expressly confirmed the proposed solution, that confirmation constitutes acceptance of the notified characteristics of the alternative, without prejudice to the product having to meet the specifications and functionality expressly agreed.
9. Returned products received damaged, used or deteriorated
All returned products will be inspected once received at GasspringsEU's premises.
When exercising the right of withdrawal, the consumer will be liable for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics and functioning, as provided in Article 108 of Spanish Royal Legislative Decree 1/2007.
Therefore, if the product shows signs of:
- Use beyond what is necessary to check its characteristics or functioning.
- Installation or fitting that has caused deterioration.
- Knocks, scratches or damage occurring after delivery.
- Modifications or tampering.
- Missing parts or accessories.
- Damage caused by inadequate packaging during the return.
GasspringsEU will document the condition in which it was received and may take into account the objective diminished value when determining the amount to be refunded, within the limits permitted by the applicable law.
Opening the packaging or reasonably checking the product will not, in itself, result in loss of the right of withdrawal.
10. Products received after the return deadline
Where a commercial or exceptional return reaches GasspringsEU after the period set in the corresponding authorisation has expired, and the customer cannot prove that it was sent within that period, GasspringsEU may reject the return.
In that case, the customer will be informed that the product remains at their disposal and will be offered the option of arranging for it to be returned to the address they indicate.
Where the missed deadline or late return is attributable to the customer, the cost of the new shipment will be borne by the customer.
GasspringsEU will not automatically destroy or dispose of the product merely because it was received late.
Where a consumer is exercising the statutory right of withdrawal, the applicable law will apply and, in particular, the statutory period of 14 calendar days from notification of withdrawal for sending the product.
11. Errors or lack of conformity attributable to GasspringsEU
Where it is established that the product supplied does not correspond to the agreed specifications due to a manufacturing, configuration, preparation or shipping error attributable to GasspringsEU, the remedies provided for by the relevant law will apply.
Where the buyer is legally a consumer, the remedies to bring the product into conformity will be free of charge and may include, as appropriate and within the limits established by law, repair, replacement, a price reduction or termination of the contract.
12. Damage and incidents detected on receipt
We recommend that the customer inspect the order immediately upon receipt.
If the parcel shows knocks, breakage, punctures or obvious signs of having been damaged in transit, we recommend noting this on the carrier's proof of delivery whenever possible and keeping photographs of the packaging.
We also ask that any visible incident be reported to GasspringsEU as soon as possible and preferably within 48 hours of receipt, together with photographs of the packaging, shipping label and product.
The purpose of this notification period is to facilitate the investigation of and claim against the carrier; it does not waive or limit any mandatory rights that consumers have by law.
13. Shipping incidents
GasspringsEU ships its orders through independent, specialist delivery companies.
In the event of a delay, damage, loss or allegedly incorrect delivery, GasspringsEU will actively cooperate with the customer and, where appropriate, open an investigation with the carrier.
A report of alleged non-delivery will not in itself establish that the parcel has been lost, nor will it automatically constitute an acknowledgement of liability; the circumstances of the delivery will first be checked.
To this end, the following may be examined, among other things:
- Proof of delivery or delivery note.
- Signature on receipt.
- Identification provided on delivery.
- Date and time.
- Delivery geolocation, where available.
- Delivery photographs.
- Communications from the carrier.
- Any other objective evidence relating to the delivery.
Where there is a dispute about a delivery shown as completed, GasspringsEU will ask the carrier to investigate and will cooperate with the customer to establish the facts before adopting the solution required by law.
In sales to consumers, the above is without prejudice to the mandatory rules on the transfer of risk set out in Article 66 ter of Spanish Royal Legislative Decree 1/2007.
An incident caused solely by incorrect delivery details provided by the customer, an unjustified refusal to accept the order or other circumstances directly attributable to the recipient will not be attributable to GasspringsEU, without prejudice to whatever may apply in each case.
14. Refunds
Once the returned product has been received, GasspringsEU will check its condition and the circumstances of the return.
In cases of statutory withdrawal, GasspringsEU will issue the refund within the periods and under the conditions established by the applicable law.
Unless GasspringsEU has offered to collect the goods itself, it may withhold the refund until it has received the product or until the consumer has supplied sufficient evidence of having sent it back, whichever is earlier.
The refund will be made using the same payment method used for the purchase, unless otherwise expressly agreed where permitted by law.
In the event of withdrawal, GasspringsEU will not be required to refund any additional costs arising from the customer having expressly chosen a delivery method more expensive than the least expensive standard delivery offered.
15. Limitation of technical liability
GasspringsEU's liability is limited to fulfilling the obligations it has assumed in relation to the supply of the product and to the liabilities that may be legally required of it.
GasspringsEU will not be liable for any damage, cost or loss arising solely from:
- Incorrect installation.
- Use contrary to the product's technical specifications.
- Modifications made by the customer or third parties.
- Use in applications for which the product is not technically suitable.
- Incorrect data, measurements or specifications provided by the customer.
- Failure to follow the relevant technical or safety instructions.
In transactions between businesses or professionals, and to the fullest extent permitted by the applicable law, GasspringsEU will not be liable for indirect loss, loss of production, loss of business, loss of profits or loss of earnings arising from circumstances that are not directly attributable to a breach of contract by GasspringsEU.
Nothing in this policy excludes or limits any liability that cannot be excluded or limited by law.
16. Exceptional returns
GasspringsEU may, solely for commercial reasons and as a gesture of goodwill, exceptionally accept a return that is not mandatory under this policy or the applicable law.
The exceptional acceptance of a return will not amount to an amendment of this policy, an acknowledgement of liability or a precedent applicable to earlier or later orders.
The conditions, deadline, shipping costs and other requirements for these returns will be those expressly communicated by GasspringsEU when authorising each return.
17. Contact
To request a return or report any incident relating to an order:
GasspringsEU
C/ Azorín 5
46210 Picanya (Valencia)
Spain
Email: sales@gasspringseu.es