These terms and conditions of sale (rental) apply to the rental and sale of products offered by "www.almuco.es" and apply to customers who have previously accepted these conditions.
The company you are buying or renting the tool from is:
Company Name: "Alquiler de Multiequipos de Construcción S.L.", (hereinafter “ALMUCO”).
NIF: B93.700771
Tax address: Camino Selene Nave 7, 29651, Mijas, Málaga, Spain
Mercantile Registry of Malaga Volume 5861-1 Folio 223, 1st Entry with sheet MA-151872
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. By using the www.almuco.es website, you agree to these terms of use. If you do not agree to these terms, do not use the Almuco website. Almuco reserves the right, at its sole discretion, to change, modify, add, or delete portions of these terms at any time. Visitors should periodically check these terms for changes. Continued use of the Almuco.es website after changes to these terms are posted will constitute acceptance of those changes.
SCOPE OF APPLICATION
These rental/sale terms and conditions apply to sales and rentals made by "ALMUCO" in Spain.
INFORMATION AND CONTENTS
"ALMUCO" manages this website, as well as the information and materials it contains. By accessing and/or browsing this website, as a user, you accept these terms of sale and use of the store.
RESTRICTIONS ON USE
The contents of this website, as well as the copyright and intellectual property rights therein, belong to "ALMUCO" or its content providers. You are hereby authorized to access this website as a user and to print a copy of the contents accessed during your visit. Any other use of this website and its contents, including modification, publication, transmission, creation of derivative works, incorporation into other websites, or reproduction of the website or its contents (whether by means of links, frames, or any other method) is prohibited unless prior written consent is obtained from "ALMUCO". All rights reserved.
TRADEMARKS
“ALMUCO”, its logo, and any other product and service marks used on this website are the property of “ALMUCO” or third parties. No “ALMUCO” product or service marks may be used without the prior written consent of “ALMUCO”. Any unauthorized use of these marks is prohibited.
The fact that you can access this website does not imply that you are granted any rights of any kind to use "ALMUCO" trademarks, nor does it grant you any licenses or rights, implicit or of any other nature, in relation to copyrights, patents, trademarks and/or service marks related to this website.
MODIFICATIONS TO THE CONDITIONS
"ALMUCO" reserves the right to modify, prevent, or restrict access to the contents of this website, in whole or in part, at any time and without prior notice.
FALSE ORDERS
Each order is linked to a specific IP address, which can be used to take legal action against those who place fraudulent orders for materials, with no intention of collecting or paying for them. In these situations, we will pursue criminal proceedings, in accordance with established legal provisions, and in collaboration with law enforcement agencies, appropriate measures will be taken to eliminate these fraudulent orders.
All administrative, legal, and solicitor fees will be charged to the client.
ORDERS
Our products require the buyer or the person renting the tool to be at least 18 years old. The buyer confirms that he or she meets this requirement by visiting www.almuco.es and registering to complete the purchase.
All orders are subject to acceptance by ALMUCO, who will communicate acceptance of the order as soon as reasonably possible, either electronically or by any other means. The customer must specify a delivery address and a contact telephone number (for the courier) in their orders.
“ALMUCO" reserves the right to cancel any accepted order that is found to contain any material error in relation to the order, price or any other conditions published on the website www.almuco.es that are related to the customer's order, or in the event that a subsequent verification of the customer's credit conditions so advises. In the case of payments by card or PayPal, if the order has already been charged to the same and the order is cancelled, ALMUCO will proceed to make a credit to the account of the card used immediately (provided that the merchandise has not left the warehouse).
The customer may cancel or modify an order within the processing time, that is, as long as the merchandise has not left our warehouses.
Circumstances may arise that make it impossible for ALMUCO to meet the planned delivery deadline. Therefore, all dates communicated by ALMUCO for the delivery and supply of products are approximate, and ALMUCO cannot guarantee that delivery will actually take place at the previously agreed time, unless ALMUCO has explicitly confirmed such delivery dates as binding.
ALMUCO will make every reasonable effort to meet the delivery date. Orders will be delivered according to the timeframes indicated in these rental conditions.
CUSTOMER DATA
You are responsible for:
Provide true, accurate, current, and complete information about your personal identity, as requested in the registration area of the ALMUCO website.
Maintain such data and make immediate updates to ensure its accuracy, currency and completeness.
Furthermore, you are responsible for the security and safekeeping of the password assigned to you. "ALMUCO" assumes no responsibility for unauthorized use of passwords.
RENTAL AND SALE POLICY
The customer must select the required machinery and accessories through the almuco.es website, define the rental period, and specify the type of transportation to transport the machinery to the specified destination. Once all of this has been defined, they will be directed to an external payment gateway where they will be asked for their payment card details or their account password for a secure external payment gateway.
This operation will automatically send ALMUCO.ES an electronic notification to process the request. Within the next 12 business hours, you will receive an electronic notification from ALMUCO to confirm the availability of the requested machinery and clarify any details that may be missing to properly execute the requested services.
If you need to extend the rental period, this process must be completed 24 hours before the end of the initial period. To extend the period, you must contact info@almuco.es to check availability and then make the payment.
CONSUMABLES POLICY
Tools are equipped with consumables that may be necessary for their use. If you have them or prefer to purchase them yourself, don't worry, only those used will be charged. Upon arrival at our facilities, they will be counted, and any consumed items will be deducted from the deposit. The price and quantity of these consumables will be detailed in a quote attached to the tool. If any anomaly is detected in the quantity, it must be reported upon arrival of the tool by email to info@almuco.es. If for any reason the customer mistakenly does not send these consumables with the return of the tool, they can always send them at their own expense to the address ALQUILER DE MULTIEQUIPOS DE CONSTRUCCION SL. Camino Selene nave 7, 29651, Mijas, Málaga - Spain indicating the date and order number. Payment will be made using the same method used for payment. Unused consumables must be in their original, unopened packaging, if available, or must be undamaged. Return shipments must be packaged in the same manner as they were shipped to prevent damage during transit.
PRICES
All prices are VAT FREE, except for the “deposit” item which is VAT exempt.
We sell products with 21% VAT.
ALMUCO reserves the right to unilaterally modify prices without prior notice.
The customer will pay, as included in the price, sales, use, consumption, goods, service, VAT or equivalent taxes, unless the customer has provided ALMUCO with an exemption certificate valid in the country of delivery.
SERVICE RESPONSIBILITY
All responsibility for compliance with this contract will fall on the account holder who makes the request for the service..
It is strictly prohibited to re-rent this tool to third parties, and the person who contracts the service from ALMUCO will be responsible for this use.
The following will be borne by the RENTER:
Expenses and supplies not included independently and derived from the leasing of the machinery and/or tools subject to this contract.
Transportation of the rented equipment and/or tools, as well as loading and unloading costs, if the transportation is under your responsibility.
Defects or damage to the leased machinery and/or tools, provided that these are attributable to the lessee due to misuse or negligent maintenance or upkeep during the term of the contract.
Expenses for punctures, tire replacement, consumables, etc.
Taxes and legal fees arising from the use of the equipment (waste management, electricity tax, etc.)
Any penalties that may arise from improper use of the leased machines or from non-compliance with current regulations during the duration of this contract.
Any other expense incurred during the term of this contract and not corresponding to the rental price or the expenses necessary for the normal maintenance of the machines and/or tools covered by this contract.
ALMUCO may require a guarantee or deposit upon delivery of the machines and/or equipment. The deposit will be used for additional charges (e.g., overtime, damage charges, etc.).
RETURN POLICY FOR GOODS AND DEPOSIT
RETURN OF GOODS DURING WAREHOUSE OPENING HOURS
You must return the item to the location selected on the website, as indicated in the Rental Agreement, and on the date and time specified in the Agreement.
The Rental Period will end when you return the item to a representative at the designated location. We will not issue any refunds if you return the item before the date and time agreed in the Rental Agreement.
Once the machines and/or materials covered by this contract have been returned and their condition verified, an invoice will be issued, including the rental period expenses. Any expenses or damages incurred as a result of any damages or supplies not included in the rental price and those listed in the previous clauses will also be included. The resulting amount will be refunded within 72 hours using the payment method used to contract the service.
In all cases, after checking that the machinery is in perfect condition, the deposit will be refunded the following business day. If any of the machines are damaged, the amount deducted from the deposit will be assessed, and the remaining amount will be refunded.
DELAYED RETURN OF TOOL
If the item is not returned on the date indicated in the Rental Agreement and after a period of 24 hours has elapsed without hearing from you, ALMUCO may consider the item to have been misappropriated and inform the competent local authorities.
Please note that the rental period will end when all tools included in the order are returned to a representative of the manufacturer at the designated location, or when full payment is made for the tools in new condition according to the manufacturer's official price list.
If the tools have not been returned, a new rental period will be generated, starting at the end of the initial period and ending upon delivery of the tools at the point designated in the order. Any increase in the period must be notified by the "LESSEE" to the email info@almuco.es and approved by ALMUCO. If this increase has not been notified by the "LESSEE" and authorized by ALMUCO, it will be penalized by applying the price of the first day of rental of each tool in the order (Defined on the website www.almuco.es as the first day of rental for each tool) to each of the days of the second rental period until delivery of all the items rented in the order or, alternatively, payment of the full cost of the tools in new condition is made according to the official manufacturer's rate.
We must remember that the rental period will continue to be generated until the contract ends with the delivery of all items included in the order or, alternatively, the full amount of these items is paid according to the manufacturer's official rate and all expenses incurred for claims, collection management, and losses caused by this unilateral increase in the period.
In such case, ALMUCO will have the right to claim all damages caused to ALMUCO, including, where applicable, the value of the property, as well as all fines, penalties or sanctions imposed on the leased property as a result of requests made by public administrations for the purpose of identifying the offender or to clarify other circumstances related to possible infractions or crimes.
ALMUCO will also have the right to initiate legal proceedings to demand the immediate return of the goods. In such cases, the additional contractual protections and other services will have no effect.
SHIPPING AND PICKUP POLICY
Shipping costs are calculated based on the location's postal code and the weight of the merchandise.
For home delivery services, telephone availability is required constantly to accommodate the delivery/return of the merchandise at the requested time. The same protocol applies to product returns.
See the following link for shipping costs: shipping conditions.
SERVICE CANCELLATION POLICY
The user has the right to cancel the service and receive a refund of the reservation amount under the following terms and conditions:
Cancellations must be notified in writing by sending an email to info@almuco.es. Cancellations made by any other means are not accepted. Such cancellation must be made before the merchandise is shipped. This email must include all reservation details, including full name, ID or tax identification number, and reserved products.
In the case of products for sale, returns will not be accepted if they are used or if the packaging is broken, if present.
For cancellations received before the tools are shipped, the full reservation amount will be refunded. After this period, the right to a refund will be lost.
REPLACEMENT POLICY
If the requested machinery is not available, the customer will be notified within 24 hours and offered any available options, with the corresponding price changes. In this case, the customer can choose the machinery offered or a full refund.
CANCELLATION POLICY
ALMUCO reserves the right to cancel the delivery of the requested machinery. In these cases, all payments received will be fully refunded, with no other compensation option.
OBLIGATIONS OF THE TOOL LESSOR (ALMUCO)
Deliver the machinery and/or tools covered by this contract in perfect condition and working order. The leased goods will be delivered to the location indicated by the lessee, in perfect condition, with documentation proving compliance with the administrative, technical, and safety requirements required for their correct use, as established by law. The leased goods will be used at the location indicated by the lessee. Any charges arising from the use of the leased goods outside the delivery address will be borne by the lessee. The delivery and collection notes will be signed by the lessee or by the person collecting the machinery on their behalf, stating their name and ID number. The lessee's acceptance of the delivery note constitutes acceptance of the correct condition of the leased goods.
Comply with the lessee company's security plan when, due to the delivery, removal, maintenance, or repair of the leased machinery and/or tools, it must access the construction site or work center where the leased machinery and/or tools will be or are being used.
Repair and maintain the machines covered by this contract when the breakdowns are of a technical nature and are caused by wear and tear from normal use of the machine, in accordance with the manufacturer's instructions. In the event of prolonged downtime, the machine must be replaced with another of equal or superior characteristics.
OBLIGATIONS OF THE LESSEE OF THE TOOLS
The lessee shall be liable for any events arising from the use of the leased machinery and/or tools that are not attributable to the lessor due to the breach of its obligations under this contract and shall pay the full value of the leased machinery and/or tools in the event of misplacement, loss or abandonment, accident, or theft.
The lessee must return the leased property in perfect condition and clean. If this is not the case, the costs incurred will be billed to the lessee. Any leased property not returned will be billed to the lessee at the replacement price.
You will be responsible for damages and breakdowns caused by misuse and negligent use or by poor training or lack of operator qualifications.
Ensure the training and qualification of the operator assigned to use or operate the machines covered by this contract.
Provide the operator(s) in charge of operating the leased machines with all the information provided by the lessor regarding their use, operation, and safety.
Understand the characteristics of the location and environment where the leased machine will be used, taking all necessary measures in accordance with current legislation on both occupational risk prevention and the environment, and always verifying the condition of the machines daily.
Pay the rents covered by this contract, as well as the expenses arising from the use and enjoyment thereof.
Urgently notify the lessor in writing of any damage to the machines and/or tools covered by this contract.
Authorize access to the workplace where the machines and/or tools subject to this contract are delivered, maintained, repaired or removed to the persons designated by the lessor, and must inform them of the workplace safety plan and the measures that said persons must adopt to prevent the risks to which they may be exposed during their stay at said center, and must coordinate the preventive measures with the rest of the activities they carry out at the center.
Commit to ensuring that the use of the machinery covered by this contract is reserved for personnel trained and qualified for both its use and maintenance throughout the entire lease period.
Communicate double or triple shifts to the lessor to monitor the maintenance and upkeep of the machinery.
THEFT
In the event of theft, both parties freely agree to compensation for damages to be paid by the lessee to the lessor in the amount of 100% of the value of the tool or machinery in new condition according to the price set by the official supplier of said tool.
In the event of a theft, the lessee must file a police report or a Civil Guard report. Rent will continue to be charged until ALMUCO receives the report, regardless of when the report was filed or the theft occurred.
In the event of the machine disappearance due to theft (either because this is established in the report filed with the police or Civil Guard, or because this is established by the company's expert after the incident report), misuse, vandalism, etc., the customer will pay the replacement value for the machine.
HOURS OF USE:
Unless otherwise agreed, the rental price will be set per day, for a maximum of 8 hours of use per day. Working hours in excess of 8 hours per day will be charged as an additional fee, at the rate of 1/8 of the daily rate for each excess hour. If less than 8 hours are worked per day, billing will be per day. Saturdays, Sundays, and holidays will not be billed unless they are worked. Except for rentals starting on Friday and ending on Monday before 9:00 a.m., where one and a half days' rent will be charged; if the rental is returned after that time, each additional day will be counted as one more day.
PAYMENT METHODS
A) CREDIT/DEBIT CARD
ALMUCO accepts: MasterCard, Visa credit, and Visa debit cards through the REDSYS secure payment gateway.
The total amount of your purchase or rental, including shipping costs and VAT, will be charged to your credit card upon completion of the order process. An order acceptance confirmation will be sent afterward. If you cancel your order before the product has been shipped, we will refund the charge.
Paying by credit/debit card guarantees a simple and secure payment method. Your data will not be recorded in any database; instead, it will be encrypted directly to the Bank's Virtual POS, using SSL technology (a cryptographic protocol used to establish a secure connection between your computer and our bank's Virtual POS). Therefore, your card details are safe and only the bank knows them.
This merchant agrees not to allow any transaction that is illegal, or that is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
In addition, the following activities are also explicitly prohibited:
"Sale of alcoholic beverages to minors under 18 years of age"
B) PAYPAL
You can pay for your order through PayPal. This is a very secure platform for online purchases and payments. Payment is made upon checkout through a secure PayPal page. You don't need a PayPal account; you can even use your credit card through the PayPal payment gateway.
Payment by PAYPAL will have a minimum surcharge of €1.50
ARBITRATION
This contract is of a private nature and shall be governed by the provisions of these clauses. The parties agree to amicably resolve any disagreement that may arise during the performance of this contract. Should an amicable resolution not be possible and litigation arise, the parties signing this contract, whose identification details are included herein and are reproduced herein, agree, waiving any other jurisdiction, to submit all conflicts, disputes, and disagreements arising from this contract, whether in its fulfillment, interpretation, or execution, to the Jurisprudence of Fuengirola.