Terms of Service
The following are the conditions of electronic and remote contracting of the Air Guardian service, the acceptance of which, by marking the corresponding checkbox, implies that you have read and understand what is stated in this document, that you are a person of legal age, with sufficient capacity to contract on your behalf, or on behalf of the natural or legal person you represent, and assume the obligations derived from your actions through the website https://airguardian.es/ (hereinafter, the Site Web) or the Air Guardian Application and that you accept the content of these conditions.
Certain contracts may be subject to particular conditions, which, depending on the case, will replace, complete or modify theseIn case of contradiction, the provisions of the particular conditions previously made available to you for reading and, where appropriate, acceptance will prevail.
The contracting of products and/or services carried out by natural or legal persons, whether private or public, acting directly or through another person on their behalf or following their instructions, with a purpose related to their commercial, business, or trade activity. or profession will not be subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (hereinafter, TRLGDCYU), by not having the service contractors the consideration of consumer or user.
In accordance with the foregoing, the contracting carried out by any other natural or legal person that is not included in those mentioned in the previous paragraph, will be governed by the provisions of the aforementioned TRLGDCYU.
1Parties:you are a party as a client, as a natural or legal person interested in contracting the products and/or services offered on the Website or in the Air Guardian Application by ZATACA SYSTEMS, SL, with address at c/La Vendimia, 6, 03320, Torrellano (Alicante), registered in the Mercantile Registry of Alicante, volume 3871, folio 122, section 8, page A145729 and with NIF:B54870548Hereinafter, AIR GUARDIAN.
You can contact ZATACA SYSTEMS directly and effectively at the email address:email@example.com or by phone 900.866.271.
2Purpose:the delivery and/or provision of Air Guardian products and/or services offered on the Website or in the Air Guardian Application is the object of these contracting conditions, against the payment of the publicly exposed priceThe Air Guardian service consists of the delivery of the Air Guardian Device and the service consisting of a license to use the Air Guardian Application by subscription under the terms established herein.
2.1Air Guardian Device:The Air Guardian Device is an intelligent instrument that monitors the air quality of an enclosed space, making measurements of CO2, and temperature.
- 5V DC power supplyCharging mode:DC5V 1A
- Typical consumption <1.3W/h.
- Peak consumption <2W/h.
- Air quality sensor with NDIR technology
- Detection range from 400ppm to 2000ppm
- Accuracy + 50 ppm + 5% reading value.
- Temperature sensorMeasuring range:10 ~ 50ºC
- Sensor preheating for 3 to 4 minutes
- CO2 detection sensitivity:1ppm
- Working humidity 0 to 90% RH (non-condensing)
- IEEE 802.11 b/g/n 2.4 Ghz Wi-Fi connection with WEP and WPA/WPA2 authentication support
- High contrast LCD screen.
- Color:Ice White
- Size 120mmx90mmx90mm
- Package weight:400 gr.
- NDIR temperature and CO2 sensors.
- It has a multipurpose functionality, the CO2 meter is small and easy to carry.
- The device connects to the Wifi network to communicate data and be visible wherever it is.
- Includes a function, with an intelligent alarm system, using status alert LEDs based on the condensation of the measured CO2Depending on the amount of CO2, the color of the light will change.
- It has a screen for real-time monitoring.
- The detection of carbon dioxide is carried out constantly and in real time, it includes a weighted auto calibrator of levels.
- Maximum connectivity with other devices or services thanks to a powerful application programming interface (API).
2.2Air Guardian Application:ZATACA SYSTEMS is the legitimate owner of all the exploitation rights of the Air Guardian Application (hereinafter, the Application or the APP, interchangeably), consisting of software designed to be installed on your mobile device for the purpose of to be able to control the operation of your Air Guardian Device/s, even remotely.
To this end, it is necessary that you download the APP on your mobile device and proceed to its configuration and link with your Air Guardian Device, entering the code that will appear on the screen of your Air Guardian Device and indicating a name for the place where it will be located.
You can add all the Air Guardian devices you purchase to the APP.
Through the APP you can:
- Manage your Air Guardian Device/s
- Obtain visual information of the CO2 levels in the device
- Consult the history of CO2 measurements of the last 7 days
-Link all your Air Guardian Devices to your account
- API for automatic ventilation control (up to 48 requests per day and meter)
2.3Contracting Air Guardian products/services:
2.3.1Air Guardian Device purchase process:you can access the products offered on the Website through its different sections or through the home pageIf you want to purchase an Air Guardian Device, you can press or click on it, accessing the description of the product and its characteristics.
You must select the product options that, if applicable, are provided and add it to the cart, as long as it is available, and finalize the order.
You will be able to see a breakdown of the price including VAT, shipping costs, and any eventual additional expenses, before placing the order and making the payment.
To finalize the order, you must identify yourself and provide the requested data (identify yourself with your customer codes, in case you already have your customer account; proceed to register as a new customer to obtain your customer account or make the purchase as"guest ”), being essential to complete those fields that the system will indicate as necessary to process the order.
In case you have a discount promotional code, you can use it by stating it in the corresponding fieldDiscount coupons will not be cumulative.
You must select the shipping method (if there are shipping options) and the payment method.
Once the contracting conditions have been read, if you agree with them, you can proceed to their acceptance by marking the box provided for this purpose and pressing the corresponding button to place the order and pay.
After completing the entire process satisfactorily, we will confirm the purchase by email to the address you have provided, indicating the details of the order placed, the amount of the purchase and all the expenses associated with it.
2.3.2License to use the APP:with the purchase of your Air Guardian device, ZATACA SYSTEMS grants you a non-exclusive and temporary license to use the Application, which in no case will imply the sale of it, or any of the rights that ZATACA SYSTEMS holds over this, so you are only authorized to install the APP on your mobile device and its link with your Air Guardian Device, for its use in accordance with the provisions of these terms and conditions, but in no case to resell, transfer to third parties, lease the software or use it contrary to the purposes set forth herein, it being absolutely forbidden to manipulate and/or modify the software.
Downloading the APP on your mobile device is free.
This license will be in the form of a free subscription while the application is still active.
Through the APP itself you can request the cancellation of the subscription at any timeIn the event of cancellation of the subscription, you will be able to continue using your Air Guardian Device, but without the functionalities of the APP, which means that the measurements made can only be viewed on the Air Guardian Device.
At any later time you can reactivate the subscription to the APP through it.
It may happen that we put at your disposal new functionalities of the APP, but that they are paid, for the period and for the price that we indicateIn that case, the provision of these services will be subject to payment of the price for the contracted period.The cancellation of the subscription may also be requested at any time and you will be able to continue using these new functionalities until the end of the contracted period.In no case will the amount of the subscription in progress be refunded, but the following periods will no longer be charged.After the contracted period in progress, having previously requested the cancellation of the subscription, you will no longer have access to these functionalities.
2.4Other conditions specific to the Air Guardian Application (APP):
2.4.1Access and use of the APP:to access the service satisfactorily, you must have a device (smartphone or Tablet) with an Android operating system with a version higher than 4.4 or iOS with a version higher than 10.0and an adequate Internet connectionThe connection between device and mobile is only possible via 2.4 Wi-Fi network (it does not work with 5G).
We will not be responsible in the event that you do not have a compatible device or have downloaded a version of the Application incompatible with your device or your lack of Internet connection.
2.4.2Contents:ZATACA SYSTEMS provides you through the APP access to content, information and data in relation to the service (hereinafter, the Contents).
ZATACA SYSTEMS reserves the right to modify at any time the presentation, configuration and location of the APP, as well as the corresponding conditions of access and use.
The Contents provided through the Application may be subject to updates.
2.4.3Limitations on the use of the APP:the use of the APP is aimed at users who have at least one Air Guardian DeviceThe service will be denied if at least one Air Guardian Device associated with the Application is not identified.
You agree to make proper and lawful use of the APP in accordance with the provisions of these conditions and in the applicable legislation, refraining in any case from:making fraudulent use of the APP; access or attempt to access restricted resources of the APP; use the APP for illegal purposes or effects, contrary to what is established herein, harmful to the rights and interests of third parties or that in any way may damage, disable, overburden or impede the normal use or enjoyment of the APP; cause damage to the systems of ZATACA SYSTEMS, its suppliers or third parties; try to access, use and/or manipulate the data of ZATACA SYSTEMS, its suppliers or third parties, being expressly prohibited the use of screen scraping techniques, web scraping or any other programming technique or of any other nature that allows the extraction of information or data hosted, stored or accessible in the APP; reproduce, copy, distribute, transform or modify the Contents, allow access to third parties through any form of public communication, unless you have the authorization of ZATACA SYSTEMS; Obtain or attempt to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose.
ZATACA SYSTEMS will not be in any way responsible for any use contrary to the Law, morals, good customs and public order that you could make of the APP, nor for any damages that may arise from it.
Notwithstanding the foregoing, ZATACA SYSTEMS will inform the competent authorities of any inappropriate use of the APP as soon as it becomes aware of it.
ZATACA SYSTEMS reserves the right to suspend access to the service or cancel it due to non-compliance with these contracting conditions, without prejudice to the right of ZATACA SYSTEMS to claim compensation for damages that may correspond to it. by reason of such breach.
2.5Availability and delivery of Air Guardian DevicesShipping costsDelivery times:
2.5.1Availability and delivery of orders Air Guardian Devices will be available for shipment to any territory except the Canary Islands, Ceuta and Melilla.
Orders will be delivered within 15 days from the order placement date.
In the event of non-performance of the contract on our part, due to the fact that the Air Guardian Device is not available within the indicated periods, we will inform you of this lack of availability as soon as possible and you will recover, without any undue delay, the sums that you have paid in virtue of it.
Orders will be delivered to the delivery address you have designatedIn no case will orders be delivered to post office boxesWe cannot assume any responsibility if the delivery of the product does not take place due to the fact that the data you have provided us is false, inaccurate or incomplete, or when the delivery cannot be made for reasons attributable only to you, beyond our control or control. designated shipping company, such as the absence of the recipient.
In case you are absent at the time of delivery, the transport company will leave a notice indicating how to proceed to establish a new delivery.
If it is not possible to leave the aforementioned notice, the transport company will contact you by phoneIf these efforts are unsuccessful, we will contact you to resolve the incident.
2.5.2Shipping costs:Air Guardian Device shipping rates are as detailed belowIn any case, it will be broken down to the amount corresponding to shipping costs before finalizing the purchase.
|Territory||Amount of shipping costs|
|Spanish peninsular territory||Gratuitous|
|Member States of the European Union||Gratuitous|
|Territories outside the European Union||€ 49.00|
It is noted that there is no delivery service on weekends.
Orders placed after 5:00 p.m., on weekends or on local holidays in Torrellano (Alicante) or national holidays in Spain, will be understood to be made on the immediately following business day.
CUSTOMS INFORMATION: If you are going to place an order for products on the Website so that we can make the delivery in a territory not belonging to the European Union , you could be obliged to pay import duties and taxes, which will be collected at the time of the the package reaches its destination.
Any additional amount due to customs clearance will be borne by your accountZATACA SYSTEMS has no control over such amountsCustoms policies vary significantly from one country to another, so for more information, we ask you to consult the corresponding customs office.
In addition, when you place an order through the Website from a territory not belonging to the European Union, formally the law considers you as an importer, and you must therefore comply with all applicable laws and regulations in the country where you receive the product.We also warn you that international shipments are subject to inspection and opening by the customs authorities.
2.6Contract language:the contracting of the products and services of the Website can be carried out only in Spanish and English.
2.7Copy of the conditions linked to the hiring:we will not keep a copy of these conditions linked to your hiring, so we recommend that you keep a copy of them each timeHowever, we will send you a link with the purchase confirmation email or within 24 hours at most, a link so that you can download the conditions that you have accepted on a durable medium.
2.8Technical means to correct errors:we do not have the technical means to identify and correct errors in the introduction of your data, but we detect if any field is pending completion and we do not allow you to continue with the hiring process.
However, if you think that during the process you have made an error, you should contact us as soon as possible to correct it through the telephone and/or email indicated above or through your client account, identifying yourself with your username and password.
We will not be responsible for the fact that you have not rectified your data before the order has left our facilities, without prejudice to the fact that if there is a problem with the delivery, we or the corresponding transport company will contact you to try to correct the incidence.
a) Registration as a customer: if you wish, you can create a customer account so that you do not have to fill in the form with all the data each time you go to make a purchase, having the possibility of accessing a control panel called"MY ACCOUNT".
The registration procedure is very simpleYou must complete the form with the following information:
- Email address
In addition, you must choose a password that together with your email will be the access codes to your client account.
During any purchase, it will be necessary for you to provide:
- Full address, country, city and postal code
- Tax Identification Number - Email
In case the registration was successful, we will send you a confirmation email.
Once registered, you will have access to your client account, providing the system with your username (which will be the email address provided at the time of registration) and your password (which will be the one you have chosen at the time of registration).
With your client account, we put at your disposal a control panel where you can:
- Edit, complete and/or modify your personal data
- Modify the shipping and/or billing addresses.
- Change your access password.
- View the history of your orders
- View the invoices for payment of your canceled orders.
If you wish to delete your customer account, please contact us at the email address indicated above.
Recover password: if you have forgotten your password, you must click on the link provided to recover the password and by providing us with the e-mail address with which you registered, we will send you an email with instructions to create a new password.
b) Guest Client: if you do not wish to register for a client account, you can provide us with your data as a"guest client"Every time you make a purchase, it will be necessary for you to provide us again with the information we requestTo this end, you must complete the form with the following information:
- Full address, country, city and postal code
- Tax identification number
Said data will be used to deliver the product and/or provide the contracted service.
User responsibility:you will be responsible for ensuring that the data you provide us is true, accurate, complete and updated.
You must be diligent when managing your access codes, being also responsible for the choice, loss, theft or unauthorized use of your username and/or password and the consequences that may arise from this.The access codes are personal and non-transferable.
You are obliged to notify us immediately of the loss of your access codes (e-mail and/or password), regardless of the cause, as well as any danger or impairment of your confidentiality, responding, otherwise, for any damage or damage caused by verified accesses through these passwords.
If you detect an error in the data that you have entered in the form, you can and should proceed to correct it through your client account, or by contacting us by phone or email.
In case you request a change of destination address of your order, if it has already left our facilities, you will have to assume the cost of shipping to the initially indicated address, as well as to the new address, as it would be two transport services differentiated that logistics companies affect us.
We reserve the right to verify the personal data provided and to adopt the measures we deem appropriate to guarantee compliance with these conditions.
3.1Payment by credit/debit card:only payment by debit/credit card is acceptedIf you use a credit/debit card to make your purchase you are guaranteeing that you have full authorization to do soThe card will be charged in real time through the virtual POS of the bank, once the correctness of your data has been verifiedWe will not store any of the card detailsAt the time of processing the order, the card data will be transmitted encrypted and in an absolutely secure way, with the exclusive purpose of making the payment to the financial institution of the amount corresponding to the order placed.
The cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we cannot consider the purchase contract formalized.
3.2Payment through the PayPal gateway:to be able to pay with this system, you must have a PayPal user accountPayment through this means is subject to the terms and conditions of use of PayPal.
4Prices and billing:
4.1Prices:the prices of the products and/or services will be those published on the Website, which will include VATat the applicable rate that may correspond, and must be fully satisfied at the time of ordering.
4.2Billing:you expressly consent to the issuance of the invoice in electronic formatYou can revoke this consent by sending an email to that effect requesting the remission of the paper invoice.
5Guarantee:we guarantee that we will deliver the product/s and provide the service/s in accordance with the contract, that is, that they conform to the description made and possess the qualities of the product and/or service that we have presented to you. and we will respond to you regarding any lack of conformity that exists at the time of product delivery or service provision.
We will respond to the lack of conformity of the Air Guardian Device (s) that are manifested within two years from delivery.
For orders made without holding the status of consumer and/or user, we will be obliged to correct the hidden defects that the thing sold (the Air Guardian Device/s) has in accordance with the provisions of the Commercial Code and in the article 1,484 and ssof the Civil Code, within a period of six months from delivery.
6Return of the defective Air Guardian Device:in the event that the Air Guardian Device does not comply with the contract, because it is damaged or defective, you can contact us through the contact form, email or by phone, providing the data of the product/s purchased, and indicating what the detected defect consists of, the date on which the order was placed and the delivery date, as well as name, surname and emailWe will contact you to tell you how to proceed.
In the event that any product is defective, we will proceed, as appropriate, with the repair, replacement, price reduction or termination of the contract, steps that will be free of charge for you.
7Complaint forms:ZATACA SYSTEMS has complaint forms available to its customers at its facilitiesIn any case, you can go to the municipal or regional body of your locality for its digital downloadEven if you do not have the official form, you can file your claim in any format and before any competent municipal or regional administrationIt is enough to prepare a letter stating the data related to the claimant and the claimed, the facts and what is requestedIn the claim you must state:
- Name, address, ID, email and telephone number of the claimant.
- Trade name, company name, address, NIF, email and telephone number of the company against which the claim is made.
- Brief and clear description of the facts that are the subject of the claim.
- What you request with the claim.
8Claim procedure:in the case of lack of conformity, in the event of an error, defect or deterioration attributable to ZATACA SYSTEMS, you can contact us by email or by calling the aforementioned telephone number, within two months from when you became aware of such incident, indicating your data, purchase reference number and the anomaly or defect detectedFailure to comply with this period does not imply the loss of the corresponding right to sanitation, but you will be responsible for the damages or losses caused by the delay in communication.
9European online dispute resolution platform:we inform you that if you are a consumer residing in the European Union, Norway, Iceland or Liechtenstein, you have the possibility of going to the ODR platform (Online Dispute Resolution - Online Dispute Resolution) through the following link:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through this platform, consumers residing in the European Union, Norway, Iceland or Liechtenstein are allowed to try to resolve their conflicts with European companies through an electronic form available in all the languages of the European Union, for all matters related to electronic commerce or services of services on the network, in accordance with the provisions of Regulation 524/2013 of the European Parliament and of the Council of May 21, 2013 and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution in the field of consumption.
10Right of withdrawal:
10.1What is it and how to exercise the right of withdrawal ?:If you are considered a consumer or user, you have the right to withdraw from the contract made within a period of 14 calendar days from the date of delivery of the contracted product, without the need to any justificationTo exercise the right of withdrawal, you must notify your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, or email)You can use, if you wish, the withdrawal form model that appears below, although its use is not mandatory:
Model withdrawal form according to the annex of the TRLGDCYU (you can copy and paste the following form in an email and complete your data if you wish to withdraw from the contract)
For the attention of ZATACA SYSTEMS, SL, with address at c/La vendimie, 6, 03320, Torrellano (Alicante)Contact email:firstname.lastname@example.orgI hereby inform you/we inform you that I withdraw/we withdraw from the purchase contract of the following product/s/service/s _______________ [identify product], whose contract was made on ___/___/20__, and was received with date ___/___/20__
Name and surname of the CUSTOMER/S:________________________________ Address of the CUSTOMER/S:________________________________________ Date of communication of withdrawal:___/___/20__
Regarding the subscription to the APP, you have three months to withdraw from it, counting from the date of installation and connection to the Air Guardian Device.
In case you cancel the APP subscription and later reactivate it, you will have 14 days to withdraw, as long as you have not made use of it, because the moment you start the execution of the digital content supply, you lose your right of withdrawal in accordance with the provisions of article 103, m) of the TRLGDCYU, giving your express consent to this end with the acceptance of these contracting conditions.
10.2Consequences of withdrawal:In case you decide to withdraw from the contract on time, we will refund all the payments you have made on the occasion of it, including delivery costs (with the exception of additional costs resulting from the choice on your part delivery method other than the less expensive mode of ordinary delivery that we offer you), without any undue delay and, in any case, at the latest, within 14 calendar days from the date on which you notify us your decision to desistWe will proceed to reimburse the amounts paid using the same means of payment that you used for the initial transaction.
We will retain the refund until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
In the event of exercising the right of withdrawal, you must return or deliver the goods directly to us, without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw. of the contractThe term will be considered fulfilled if you return the goods before said term has expired.
You must assume the direct cost of returning the goods in case of withdrawal. You will only be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the same.
elevenApplicable legislation and competent jurisdiction:These contracting conditions will be governed by Spanish legislation, although this does not prevent you from invoking the protection offered by the mandatory provisions of the Law of your habitual residence in the event that you hold the status of consumer or user.
The courts and tribunals of Elche (Alicante) will be competent for the resolution of conflicts, waiving any other jurisdiction, unless you hold the status of consumer and/or user, in which case the courts and tribunals of your domicile will be competent.
LAST UPDATED:January 22, 2021