Terms and Conditions
These terms and conditions apply to the online.gamrentals.com website and shall apply to all transactions executed by means of this website, property of GAM España Servicios de Maquinaria, S.L.U. (hereinafter GAM), tax identification number (NIF) B-33382433.
All business transactions shall therefore be subject to Spanish law, and are understood to be executed at the registered address of GAM:
En consecuencia, todas las operaciones comerciales estarán sometidas a legislación española, y se entenderán efectuadas en el domicilio de GAM:
Polígono Industrial Las Castellanas, s/n
Parc. 35, Ctra. NII/Inta
28830 de San Fernando de Henares (Madrid)
Users wishing to execute purchase transactions or take part in auctions shall be duly registered in the system, and may be individuals or corporate bodies.
The registration shall comprise a username and a password. Registration shall not be required for viewing stock either for direct sale or by auction, but shall be required for executing business transactions.
The system includes a mechanism for recovering forgotten or lost passwords, but users shall be responsible for keeping their login data secure and GAM is not responsible at any time for any consequences resulting from passwords being lost or forgotten.
Different user types shall be established according to the specific information required by GAM from users to complete business transactions (such as additional conditions, CIF and NIF tax identification details, credit information, powers of attorney, etc.).
Under no circumstances shall GAM be responsible for users being unable/lacking the authority to complete business transactions on the website, nor for false statements made by users either during the registration process or any other operations.
By registering on the website, users acknowledge and accept that:
- They have read these General Terms and Conditions of Use.
- They understand these General Terms and Conditions of Use, how auctions operate, payment methods and direct purchases of machinery, spare parts and other products as set out in this document.
- They fully ACCEPT these General Terms and Conditions of Use applied to use of online.gamrentals.com and the services offered by GAM.
The online services we offer to registered website users are set out below:
- Purchase of machinery through an “e-auction” process if users have registered their intention to bid at each auction beforehand and paid the deposit in the amount of 1,000 € to be able to carry out the bid.
- Direct purchase of machinery, spare parts and other products.
These General Terms and Conditions of Use refer to use of the website online.gamrentals.com and to the following services: e-auctions and direct purchasing.
GAM owns online.gamrentals.com and is a company registered in Spain. It is managed and operated pursuant to applicable Spanish legislation.
These General Terms and Conditions of Use are written in Spanish. If these General Terms and Conditions of Use are translated into another language, the Spanish text is the version which shall prevail.
These General Terms and Conditions of Use, along with the specific additional terms and conditions for each online service referred to in this document and which can be found in the “Specific Conditions of Sale” for each online service, are a FULL AGREEMENT / CONTRACT between GAM and registered users in this regard. Nothing in this clause shall restrict or exclude liability for fraudulent statements. In the event of any conflict between these General Terms and Conditions of Use and the specific Terms and Conditions in the “Specific Conditions of Sale” for each auction/sale, the terms of the “Specific Conditions of Sale” shall prevail.
At no detriment to adopting any other alternative, GAM shall be entitled at any time and at its sole discretion to rescind access to this website and the functions for which users have registered, without giving prior notice, for any reason and without limitation of any type.
Customers may choose between the following sales models: online auction or direct sale.
Through the PURCHASE section, users may access direct purchase of goods (machinery and spare parts) offered in different categories.
These goods shall be offered at a single price, which shall be stated along with the description of the goods.
If there are specific conditions, these shall be stated in the description of each product.
In the relevant section of the website, any user of the website – not only registered users – may follow auction processes, although only duly registered users who have paid the deposit indicated by amount may participate in the bids. € 1,000. Unless special conditions are specified, auctions shall be regulated by the provisions stipulated herein.
Persons under 18 years old and persons not entitled to sign legally binding contracts may not take part in e-auctions.
All registered users can take part in e-auctions. To do so, in addition to correctly filling in the registration form and/or logging on, they shall accept the specific terms and conditions for participating in the auction.
GAM shall indicate online a starting price and (optionally) a reserve price which the item is expected to reach, and the date and time when the bidding period ends (duration of online auction). This information shall be a binding offer for sale of the item. The offer shall go to the bidder who had placed the highest bid by the end of the online auction and, naturally, for an amount higher than the specified reserve price.
Users shall make a binding offer by accepting the online offer through placing a bid. Acceptance must state a purchase price which is higher than the current offer shown on the online screen.
GAM will request a prior deposit of € 1,000 to all users / buyers who wish to participate in the electronic auction.
The bonds can be made by credit card or by bank transfer.
The bonds made by bank transfer must be made at least two working days before the last day of the auction.
If you are the successful bidder of one or more teams, the bid deposit will be applied to the purchases made.
If you make your deposit by bank transfer or credit card and finally do not win any equipment, the deposit will be returned in the same currency and in the same format in which GAM has received it within a maximum period of 15 days.
GAM reserves the right to consider the auction sale process completed and closed if the reserve price is not reached. The reserve price shall not be displayed to users, but indication shall be given of whether the bids made are above or below this price.
Products offered at auction may not be offered for direct sale at the same time as they are being offered at auction.
When a user places the highest and winning bid at an auction, they shall be notified via the website and also via an email stating the terms of the transaction. Alternatively, they may be notified by telephone.
The Company reserves the right to notify bidders by email whenever a higher bid is placed by another user, although the Company is not obliged to do so. However, GAM shall not notify users of bids which do not affect their offer.
All offers made are biding upon the bidders, so that the user who makes the highest bid, will be decisively accepted, and the winner be awarded the object of the auction, will consequently become the owner of that good, and will have three (3) working days to make the corresponding transfer.
GAM reserves the right to reject or cancel bids, whether winning or otherwise, that it considers (a) have not been made in good faith, (b) are intended to manipulate the listing process or (c) are forbidden by any applicable law or regulation.
GAM reserves the right to withdraw, postpone or cancel any listing, or any sale resulting from a listing, at its sole discretion with or without prior notice. GAM shall not be liable to users for the outcome of any withdrawal, postponement or cancellation.
The commissions set for future buyers of equipment at auction is 8% on the sale price. GAM reserves the right to modify the percentage of commission in each auction and equipment, indicating it expressly from the beginning of the auction.
Most of the goods offered at auction are used goods. If any of them is new or unused, this shall be indicated in the main information on the item shown on the website.
The general description and technical features of each item appearing on the website are for information purposes only. GAM has done its utmost to ensure that these descriptions are as correct and reliable as possible, but we do not guarantee the accuracy of such information and buyers must accept such descriptions at their own risk. Before taking part in an auction or making a purchase, all buyers are advised to inspect in situ the lots they are interested in to check for themselves the accuracy of the information given on the website and the condition of the machinery they wish to bid for. All goods are sold with any defects and faults they may have, given that they are used goods, and buyers accept the consequences involved, without any possibility of complaint.
Buyers are expressly informed that any of the items, accessories, elements, machinery or equipment we auction may not necessarily be approved under current EC (European Community) legislation, or may not meet the applicable regulations on prevention of occupational hazards when in operation. As per these General Terms and Conditions of Use, GAM España Servicios de Maquinaria, S.L.U., is expressly exempt from any liability in this respect. All users are recommended to ensure, at their own risk, that their intended use of the goods purchased does not contravene the aforementioned regulations.
In the event of a third party claiming ownership or possession of any or all of the machinery in an auction before it has been taken off the premises, GAM reserves the right to cancel the successful bid or to permit the item’s withdrawal from the auction as deemed appropriate, without the buyer or buyer/ successful bidder being entitled to make any claims to GAM on this basis.
The buyer acknowledges that any software or intellectual property rights to a piece of machinery may either not belong to the owner of the aforementioned machinery or may not be transferred by the owner, and that neither the owner nor GAM authorizes the buyer/successful bidder to use such software or intellectual property rights. Similarly, the buyer/successful bidder is solely liable for any use made of such software or intellectual property rights.
If you are already a registered user of our online store, all you need to do is enter your email address and password (set up during registration) to make a purchase.
But if you do not yet have a user account, you will need to create one.
To do this, you must register as a user in the option “login/register” which can be found on the top right-hand side of the website screen. Fill in your details on the registration form and request registration. You will then receive an email at the address you gave, confirming that you have successfully registered as a user.
Once you have registered, you can begin making purchases by following the instructions given on the website.
Una vez registrado se podrá comenzar a realizar compras según las instrucciones especificadas en la web.
- By credit card, using the BBVA payment gateway
- By bank transfer.
- Bank transfer: as payment reference, enter order number and customer name. Your order will be sent or prepared for collection once the payment or transfer to the bank account given on our website has been confirmed.
- Credit card: you can make immediate payment via the bank’s own secure payment gateway using a bank card. Once the procedure is complete, the payment will automatically be shown as paid and we will process your order immediately for dispatch or collection, as appropriate.
Users must pay all applicable taxes, duties, VAT and registration fees, unless the seller specifies otherwise. For European Union purchasers of goods or intracommunity supplies (within the EU), VAT at 0% may be applied on condition that the buyer provides the seller with the required documentation indicated by the seller or on behalf of the seller (for example, documentation relating to international transport of goods, Bill of Lading, export documents, etc.). These documents must be forwarded by the buyer to GAM for the attention of the seller within five (5) working days of equipment being delivered.
Unless otherwise indicated, it is assumed that machinery shall be collected by the buyer from the seller’s premises at the location given in the product file, and that the buyer shall bear all costs: registration, freight and carriage.
If the buyer wishes the purchase to be shipped to them, conditions of shipping shall need to be negotiated and accepted outside this online platform.
Notwithstanding the points in the paragraph above, the buyer is responsible for all cargo, shipment and other costs relating to transport of the equipment from the stated location to final destination. These costs include costs of dismantling, special handling, cargo, carriage and the permits necessary to move the equipment.
The buyer undertakes to collect the equipment within eight (8) working days of completion of purchase agreement. Breach of the aforementioned deadline will lead to the relocation and/or subsequent storage of the item, for which the buyer shall bear the costs. If the buyer does not collect the equipment within sixty (60) days, the equipment may be considered abandoned and be removed in the manner decided by GAM, at its sole discretion.
For spare parts, if shipment costs are included in the price, this shall be expressly stated in the catalogue.
Any administrative costs arising from sale and purchase transactions shall be borne by the buyer, GAM being entirely exempt from bearing any costs arising from transactions, notwithstanding any for which they may be legally obliged.
The operation of this website, particularly for the purpose of business, is governed by Spanish law. Any dispute shall be expressly submitted to the courts of the city of Madrid.
By registering as a user and bidding for or directly purchasing goods, users fully accept these Terms and Conditions.
If users do not accept these conditions, they must withdraw from the purchase process.
All the new products available at this store are included in the applicable Spanish Law of Guarantees, having 2 years of guarantee in case of manufacturing defects for new items and final customers.
All used products which are placed in direct selling, as well as in the online auction, are included in the existing Spanish Law of Guarantees for final customers.
In case the used products and/or the buyers do not comply the sections within the Spanish Law of Guarantees, GAM España Servicios de Maquinaria will not provide any guarantee in the used items.
Before participate in our auction or making a purchase, we strongly recommend the buyers to examine the desired equipment in situ in order to check personally the accuracy of the information shown in the website as well as the machine conditions they are interested to bid in. All the goods are sold with the imperfections they have already had since they are used goods and the buyer will assume the implied conditions, with no reclamation contemplated.
Our Company accepts no liability for damage caused by improper use of items purchased, or caused by general wear and tear.
Customers have 15 working days to exercise their right to cancel. This period is for cancellation and notification of intention to return goods. After this period has elapsed without any notification being made, no refund shall be made on any item. Before this period elapses, the amount paid for the product shall be refunded provided that it is returned in the same presentation (packaging, labelling and in perfect condition) as delivered by our company. Customers shall, however, bear the cost of returning the item.
No item damaged by improper customer use shall be replaced Users must follow manufacturer instructions correctly and observe the minimum safety measures. Similarly, no item shall be replaced if it is not returned in its original packaging with all the accompanying accessories, manuals, documentation and invoice in perfect condition. Please keep the original packaging while the product is under warranty.
Customers shall always bear the costs of returning products. Only if the return is due to manufacturing defects or product defects shall our Company bear the shipping costs of new material.
In such a case, customers shall be responsible for returning the product to the GAM offices where the goods were purchased.
If the return is due to causes beyond the control of GAM, the expenses of same shall be borne by the buyer.
In the event of defective product, the seller shall, as appropriate, repair, replace, reduce the price or cancel the contract, at no cost to the consumer and user.
Before returning any product, users shall contact GAM by email stating the reason for the return and providing a contact telephone number. GAM Customer Services Department shall contact the user to arrange how the aforementioned return shall be effected, if this is the option chosen.