GENERAL CONDITIONS OF SALE
The present general conditions of sale (hereinafter the “General Conditions”) shall apply to any purchase made by a web surfer / natural person (hereinafter, the “CLIENT”) on the website https://www.patilandia.com (hereinafter, the “WEBSITE”) to Jose Luis Perez Campos, SELF-employed ENTREPRENEUR, , with, with social address in street conchases , 47 - CP: 36980 - O GROVE - PONTEVEDRA, spain and with TAX id number 76868211a, phone Number Spanish: 680161675, email: firstname.lastname@example.org, (hereinafter, the “SELLER”).
Any order placed on the WEB SITE implies necessarily the acceptance without reservation by the CUSTOMER of these general conditions.
Article 1. Definitions
- "CLIENT " : refers to the co-contracting party of the SELLER, which guarantees the quality of consumer as defined by the law and jurisprudence of spain. For these purposes, expressly provides that the CLIENT is acting outside of any usual activity or business. A ce titre, il est expressément prévu ce CLIENT agit en dehors de toute activité habituelle ou commerciale.
- "DELIVERY " : refers to the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated in the order.
- "PRODUCT " : refers to the set of products available on the WEB SITE.
- "TERRITORY " : it makes reference to SPAIN.
- CANARY ISLANDS : ALL SHIPMENTS TO THE CANARY ISLANDS WILL HAVE A FEW SHIPPING AND SPECIAL TREATMENT, CONSULT THEM BEFORE YOU MAKE THE PURCHASE OR MAY CANCEL THE SAME.
Article 2. Object
The CLIENT is clearly informed and acknowledges that the WEBSITE is directed to consumers and that professionals should contact the commercial service of the SELLER to be able to benefit from specific contractual conditions.
If the CLIENT do not agree to these terms and conditions, please refrain from continuing to use our WEBSITE.
Article 3. Acceptance of the general terms and conditions
The present General Conditions are inserted in the bottom of each page of the WEB SITE by means of a link and must be consulted before placing the order. Customers are invited to read, download and print the General terms and Conditions and keep a copy.
The SELLER advises the CLIENT to read the General Conditions at the time of placing a new order, being the latest version of the same applicable to every one of them.
By clicking on the first button to place the order and on the second to confirm the same, the CLIENT acknowledges to have read, understood and accepted the General Conditions without limitation or conditions.
Article 4. Purchasing products on the WEB SITE.
The information that the CLIENT provided to the SELLER at the time of execution of the order must be complete, accurate and up to date. The SELLER reserves the right to request the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
The SELLER will endeavor to present as clearly as possible the main features of the PRODUCTS (on the file information available on the WEBSITE) and the compulsory information that the CLIENT should receive under the applicable law.
The CUSTOMER agrees to carefully read this information before you make an order on the WEB SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEB SITE, especially in terms of the problems that you have in relationship with its suppliers.
Unless otherwise expressly stated in the WEB SITE, all PRODUCTS sold by the SELLER are new and comply with the european legislation in force and to standards applicable in Spain.
Orders for PRODUCTS are made directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (however, depending on the browser used by the Client, these may vary slightly).
The CUSTOMER must select the PRODUCT(s) of your choice, by clicking on the PRODUCT(s) chosen(s) and selecting the characteristics and the quantities desired. Once the PRODUCT has been selected, the PRODUCT will be saved in the shopping basket of the CUSTOMER. This last can then add as many additional PRODUCTS you want.
Once PRODUCTS have been selected and saved in your shopping basket, the CUSTOMER must click on the basket and verify that the contents of your order is correct. If the CLIENT has not yet done so will then be invited to login or register.
Once the CUSTOMER has validated the content of the basket and that has been identified/registered, you will receive a online form completed and automatically summarizing price, applicable fees and, if applicable, delivery costs.
It invites the CUSTOMER to verify the contents of your order (including quantity, characteristics and references of the PRODUCTS ordered, billing address, the payment method and the price) before validating its content.
The CLIENT can then proceed to the payment of the PRODUCTS by following the instructions provided on the WEB SITE and provide all the necessary information for the billing and the DELIVERY of the PRODUCTS. With respect to PRODUCTS with different options available, their specific references appear when the correct options have been selected. Orders placed must understand all the information necessary for the proper treatment of the order.
The CUSTOMER must also select the mode of delivery chosen.
Once you have completed all the stages described above, it will appear in the WEB SITE in order to manifest acknowledgement of receipt of the CUSTOMER order. A copy of the acknowledgement of receipt of the order will be automatically addressed to the CLIENT by email, provided the email address supplied on the form is correct.
The SELLER does not send confirmation of order by postal mail or electronically.
Through the order, the CUSTOMER must provide the information necessary for billing (the sign (*) indicate mandatory fields that must be populated for the CUSTOMER's order is dealt with by the SELLER).
The CLIENT must also clearly indicate all the information relating to the ORDER, in particular the exact address of DELIVERY, as well as any code possible access to the DELIVERY address.
Neither the receipt of order the CUSTOMER has made online, or the acknowledgement of receipt of the order the SELLER sends to the CUSTOMER by e-mail are invoice any. Whatever the mode or order of payment used, the CUSTOMER will receive the original invoice at the time of the DELIVERY of the PRODUCTS inside the package.
The order date is the date on which the SELLER accuses the online reception of the same. The time mentioned in the WEB SITE does not start to count until that date.
For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices indicated in euros, including taxes, as well as the delivery costs are applicable (depending on the package weight, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
Prices include in particular the value added tax (VAT) with the rate applicable on the date of the order. Any modification of the fee may be borne the PRODUCTS from the date of entry into force of the same.
The applicable VAT rate shall be expressed as a percentage of the value of the PRODUCT sold.
The prices of the suppliers of the SELLER are liable to be modified. Accordingly, the price indicated on the WEBSITE may change. These can also be modified in the case of offers or special sales.
The applicable prices shall be those indicated on the WEBSITE at the date of execution of the order by the CUSTOMER.
The SELLER shall apply a management of stocks “just in time”. In consequence, according to the case, the availability of PRODUCTS depends on their existence in the stock of the SELLER.
The SELLER agrees to comply with the orders received with the reservation that the GOODS are available.
The unavailability of a PRODUCT will be, in principle, indicated on the PRODUCT page in question. CUSTOMERS may also be informed of the replacement of the PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform without delay the CUSTOMER, if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Send all the PRODUCTS together, from the moment in which the PRODUCTS are not stockados are again available.
Proceed to a sent a partial of the PRODUCTS available at that time, and send the rest of the order when the others are, with express reference to the costs of transport additional which could arise.
Propose an alternative PRODUCT quality and equivalent price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, you will get the refund of all sums paid for such PRODUCTS within thirty (30) days after your payment.
Article 6. Right of withdrawal
Article 7. Payment
The CUSTOMER can pay its PRODUCTS online on the WEBSITE by following the means offered by the VENDOR.
The CUSTOMER warrants to the SELLER that it possesses all authorizations required for the means of payment chosen.
The SELLER shall take all necessary measures to ensure the security and confidentiality of data transmitted online in the box on the online payment on the WEBSITE.
It is accurate that all of the information concerning the payment made is transmitted to the bank WEB SITE and are not addressed in the WEB SITE.
In case of single payment by credit card, the CUSTOMER's account will be debited at the time of the order of the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER without delay at the time that the first packet is sent. If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, the reimbursement shall be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank rejects the debit of a credit card or other means of payment, the CUSTOMER must contact the Customer Service from the SELLER with the purpose of to pay the order by any other means of valid payment.
In the event that, for whatever reason, opposition, refusal or other transmission of the flow of money owed by the CUSTOMER is impossible, the order will be cancelled and the sale automatically rescinded.
Article 8. Test and file.
The SELLER agrees to archive the information with the aim of ensuring a follow-up of the operations and make a copy of the contract on demand of the CUSTOMER.
In the event of a dispute, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and ensures the integrity of the transaction.
Article 9. Transmission of the property.
The foregoing provisions are not an obstacle to the transmission CUSTOMER, at the time of the receipt by itself or by a third party designated by him other than the carrier, risk of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damages that might result.
Article 10. Delivery
Article 11. Packaging
Article 12. Warranties.
In this framework, the SELLER is capable of responding to the defects of conformity existing at the time of delivery and the faults of conformity resulting from packaging, assembly instructions or installation when this is put in charge or has been made under your responsibility.
The action resulting from lack of conformity lapses after two (2) years from the delivery of the PRODUCT.
In case of lack of conformity, the CLIENT may request, at its option, the replacement(if the item is unused ) or repair of the PRODUCT ( IF IS USED). In any case, on the assumption that the cost of the CUSTOMER's choice is manifestly disproportionate with respect to the other option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with the refund, without attending to the option chosen by the CUSTOMER.
In the event that replacement or repair are impossible, the SELLER is obliged to return the price of the PRODUCT after 30 days from the receipt of the returned PRODUCT and in exchange for the renvío of the PRODUCT by the CUSTOMER to the following address street conchases , 47 - cp : 36980 - O GROVE - PONTEVEDRA
The CLIENT is excused from providing proof of the existence of a defect of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is pointed out that this legal guarantee of conformity applies regardless of the commercial warranty granted, in your case, about the PRODUCTS.
This guarantee allows the CUSTOMER, who can demonstrate the existence of a hidden defect, choose between the refund of the PRODUCT price if it is returned or the refund of part of the price if this is not replaced.
In the event that replacement or repair would be impossible, the SELLER is obliged to return the price of the PRODUCT in a period of thirty (30) days after the receipt of the returned PRODUCT and in exchange for the renvío of the PRODUCT by the CUSTOMER to the following address street conchases , 47.
The action resulting from hidden defects must be brought by the CUSTOMER within a period of two (2) years from the discovery of the defect.
Article 13. Responsibility.
The SELLER shall not be liable, or considered in breach of the General Conditions, for any delay or non-fulfillment, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.
It is also needed that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Accordingly, we exclude, to the extent permitted in Law, from all responsibility linked to the information that they are published. The hyperlinks to these websites are given merely for illustrative purposes and do not imply any guarantee as to their content.
Article 14. Personal data
The SELLER, with domicile in street conchases, 47 - cp : 36980 - O GROVE - PONTEVEDRA
The data that we have of You are those who have provided us initially and those generated during the relationship and interactions.
The data collected by the VENDOR will be used in order to treat your orders placed through the WEB SITE, manage the CUSTOMER's account, analyze orders and send you emails with promotional purposes, newsletters, promotional offers and/or information about products and services similar to those purchased, unless the CLIENT does not wish to receive such communications on the part of the SELLER.
CUSTOMERS can refuse to receive promotional e-mails at any time by accessing your account or by clicking on the hyperlink intended for such purposes under each offer received by e-mail, or by sending an e-mail to the Data Protection officer.
The treatment of the personal data of the CUSTOMER related with the maintenance of its relationship with SELLER as a client, is entitled to be necessary to comply with the contractual obligations arising from such relationship.
The treatment of the CUSTOMER's personal data to send you promotional information about products and services of the SELLER are similar to those that were initially contracted with the CLIENT, responds to a legitimate interest of the SELLER and is authorised by the regulations in force.
Data may be communicated, in whole or in part, borrowers of services of the SELLER involved in the order. For commercial purposes, the SELLER may transfer to its employees the names and coordinates of its CUSTOMERS, under the condition that these have given their prior agreement at the time of your registration on the WEB-SITE. The SELLER will ask CUSTOMERS specifically whether they want their personal data to be disclosed. CUSTOMERS will be able to change your mind at any time by contacting the SELLER. The SELLER may also ask their CUSTOMERS if they wish to receive commercial information from their co-workers.
The SELLER has engaged the services of technology providers located in countries that do not have legislation equivalent to the eu (“Third Countries”). These providers have signed with the SELLER the contract of confidentiality and treatment of data required by the regulations for providers located in Third Countries, applying the guarantees and safeguards necessary to preserve the privacy of the CLIENT. In particular, the [reference to appropriate safeguards or appropriate, i.e. Privacy Shield, etc]
Personal data is kept as long as the CLIENT maintains the relationship with the SELLER and, after the termination of such relationship for any cause, during the legal periods of limitation that apply. In this course, we will treat the sole purpose to prove the compliance of the legal or contractual obligations of the SELLER. Completed 12 such periods of limitation, the CUSTOMER data will be deleted or, alternatively, anonymised.
In accordance with Regulation (EU) 2016/679 on the Protection of Personal Data, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion, portability, and/or limitation of these personal data. Furthermore, the CLIENT shall also have the right to withdraw your consent at any time for the treatments that are based on consent, without prejudice to the lawfulness of the processing based on consent before its withdrawal. You may exercise these rights by sending an e-mail to the address: email@example.com, or by sending an email to street conchases , 47. It is specified that the CLIENT must be able to justify your identity, either by scanning an identity card, or by sending the SELLER a photocopy of the same.
Likewise, if the CLIENT considers that the treatment of your personal data violates the rules or your privacy rights, you may file a complaint:
- Before the Spanish Agency of Data Protection, through its electronic office, or its mailing address.
You can allow, block or delete cookies installed on your equipment by configuring the browser options installed on your computer, in case that does not allow the installation of cookies in your browser you may not be able to access any of the sections of our website.
Article 15. Claims
Article 16. The intellectual property
These elements are the exclusive property of the SELLER. Any person that edits a web page and want to create a direct hyperlink towards the WEB SITE must request the authorization to the SELLER in writing.
This authorization SELLER shall in no event be agreed in a definitive way. This hyperlink must be deleted at the request of the SELLER. The hyperlinks to the WEBSITE that use techniques such as the approach (framing) or the insertion of hypertexts (in-line linking) are strictly prohibited.
Article 17. Validity of the General terms and Conditions
Any such modification or decision not authorised in any case to the CUSTOMERS to disregard the present General Conditions.
All the conditions not expressly dealt with in the present will be regulated according to the usages of the trade sector of the individuals.
Article 18. Modifications of the General Conditions
The General Conditions shall be dated accurately and may be amended and updated by the SELLER at all times. The General Conditions applicable shall be those in force at the time of order.
The amendments introduced in the General Conditions shall not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
IN CASE OF DISPUTE, ONLY THE SPANISH COURTS WILL BE COMPETENT.
Also, prior to any recourse to arbitration or in court, will prevail, the negotiation between the parties in a spirit of loyalty and good faith to reach an amicable agreement to resolve any dispute relating to this agreement, including concerning its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt stating the elements of the conflict. If, at the expiration of a period of fifteen (15) days, the parties fail to understand each other, the differences will be subject to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited to exercise any and all legal actions against each other for the conflict to be negotiated. As an exception, the parties will be authorized to go to the jurisdiction of the precautionary measures or the implementation of a procedure does not entail for the parties a waiver of any clause of agreement, unless the will stated otherwise.
THE POLICY OF WITHDRAWAL
The Customer has in principle the right to redirect or return the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay, and no later than fourteen (14) days subsequent to the communication of its notification of withdrawal, unless the SELLER intends to recover the same PRODUCT.
The withdrawal period expires after fourteen (14) calendar days after the day on which CUSTOMER or a third party other than the carrier and designated by the CUSTOMER, takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered multiple PRODUCTS in a single ORDER resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in multiple batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the customer, take possession of the last PRODUCT delivered.
If the CUSTOMER's order takes several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the customer, take possession of the last PRODUCT delivered.
Notification of the right of withdrawal.
To exercise your right of withdrawal, the CUSTOMER must notify his decision to withdraw by means of a declaration made in an unequivocal manner (for example, by letter sent by mail, fax or e-mail) to: street conchases , 47 or firstname.lastname@example.org
To this effect, you can use also the following form :
Phone number of SELLER :
Fax number of the SELLER :
E-mail address of the SELLER :
I notify hereby my withdrawal from the contract about the sale of the PRODUCT following :
PRODUCT reference :
No. of the bill :
No. of the certificate request :
- Order the [____________]/Received the [________________]
- Means of payment used :
- Name of the CLIENT and in case of the beneficiary of the order :
- Address of the CLIENT :
- Delivery address :
- Signature of the CLIENT (except in the case of transmission by e-mail)
To the right of withdrawal is respected, the CUSTOMER will have to transmit your communication concerning your exercise of the right of withdrawal before the expiration of the term.
In case of withdrawal by the CUSTOMER in the article WITHOUT USE, the SELLER undertakes to reimburse all sums paid, EXCEPT the costs of delivery (with the exception of additional costs, arising in his case ( THE CLIENT will PAY for THE SHIPPING AND COLLECTION GENERATED IN THE CORRESPONDING ARTICLE ), without excessive delay and, in any event, no later than the following fourteen (14) calendar days from the day on which the SELLER was informed of the willingness of the CLIENT to desist.
The SELLER will proceed with the refund using the same means of payment that you used for the initial transmission, unless the CUSTOMER or SELLER may agree expressly a different media, in any case, this refund will not entail any cost to the CUSTOMER( with the EXCEPTION OF THE ALREADY MENTIONED TRANSPORT EXPENSES FOR DELIVERY AND COLLECTION) if and when the article is returned unused AND WITH ALL ORIGINAL ITEMS.
The SELLER may defer the refund until the reception of the good or up to the CLIENT to show proof of having issued the fine, the date retained will be the first of these two.
Modalities of return
The CUSTOMER shall, without excessive delay and, in any event, no later than within fourteen (14) days after communication of its decision to withdraw from this contract, to transfer the good to: street conchases , 47 CP: 36980 - O GROVE - PONTEVEDRA -
This term is understood to be respected if the CUSTOMER sends the PRODUCT prior to the expiration of the fourteen (14) days.
The CUSTOMER will bear the direct costs of forwarding, variable depending on the weight of the item purchased.
State of the well returned
The PRODUCT should be returned following the instructions of the SELLER and including all the accessories shipped. ( ORIGINAL PACKAGING, ACCESSORIES AND ORIGINAL PRODUCT IN PERFECT CONDITION)
The responsibility of the CUSTOMER are not applicable, except for the depreciation of the asset (used and with marks that prevent resell the item ) . In other words, the CUSTOMER has the possibility to return the PRODUCT but in any case the article is accepted in poor condition, or used. In the case of to be in poor condition, worn or with obvious signs of use the seller reserves the right to make a PARTIAL refund OF the TOTAL AMOUNT minus the damage.
The PRODUCTS are packaged in accordance with the standards of transport in force, in order to ensure a maximum protection during DELIVERY. The CUSTOMER must respect the same rules on the return of the same. In this sense, the CUSTOMER can return the PRODUCT that does not suits in their original packaging and in good condition, ready for remarketing.
Exclusion of right of withdrawal
The right of withdrawal is excluded in the following cases :
- Items that have been used by the customer and with visible signs of use.
- Supply of goods or services whose price depends on fluctuations in the financial market.
- The supply of goods made according to customer specifications or clearly personalized.
- Supply of well susceptible to deteriorate or expire rapidly.
- Supply of recordings of audio or video tapes, programs or sealed, have been unsealed after delivery.
- Newspapers or magazines (except subscription contract).
- Provision of service accommodation with purposes different to the residential, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date of implementation-specific.
- Supply of goods which by their nature require to be combined with other products.
- Supply of goods sealed, which can not be forwarded for reasons of protection
- Supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on the fluctuation of the market and oblivious to the influence made by the SELLER.
- Supply of a content number is not supplied form de-materialized if the performance has begun with the prior agreement of the consumer, which has likewise recognized that you will lose your right of withdrawal.
- Contracts at public auctions.