XX : Company name
XXX : Street, number, City (County), ZIP Code, Country
XXXX: VAT Number
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
These General Terms and Conditions shall expressly govern the relationships that arise between XX, XXX, with Tax Registration Number XXXX (hereafter, "XX") and the third parties (hereafter, "Users") who register as users and /or purchase products through the official XX website online store (http:// XXX.XXXXXX.XX ", (hereafter the "Store").
2. USER’S DUTIES
2.1 The User agrees to use the Store to purchase the Products and to use each of the services of the Store diligently under the law, morality, public order and provisions hereof. He must also prevent himself from using the said Products or services in any way that may prevent, damage or deteriorate the normal operation and use of the Store on the part of the Users or that may harm or cause damage to XX goods and rights as well as to those corresponding to its suppliers, Users or, in general, any third party.
3. PRODUCTS AND PRICES
3.1 XX reserves the right to decide, at all times, the Products that are offered to the Users through the Store. In particular, XX may at any time add new Products to the ones offered or included in the Store, understanding that unless otherwise provided, such new Products shall be governed by the provisions of these General Terms and Conditions. Also, XX reserves the right to stop providing or facilitating the access and use at any time and without prior notice of any of the different types of Products that are offered in the Store.
3.2 The Products included in the Store shall match, as truly as the website display technology allows, the Products effectively offered. The characteristics of the Products and their prices are displayed in the Store. The prices given in the Store are in Euros and do not include VAT, unless otherwise provided.
4. PRODUCT PROCEDURE AND WAY OF PAYMENT
4.1 Within a maximum term of twenty-four (24) hours, XX shall send an e-mail to the User confirming the purchase. This e-mail shall give a purchase reference code and shall give detail of the characteristics of the Product, its price, shipping & handling costs and those corresponding to the several options regarding the payment thereof to XX
4.2 The User who purchases a Product through the Store must make the payment using the payment options specifically detailed in the Store.
4.3 XX shall file the electronic documents formalising the contract and shall send a copy to the User once the purchase has been made. The contract shall be drawn up in Spanish/Catalan/English.
4.4 The confirmation of the order sent by XX is not valid a invoice, but it’s simply a purchase receipt. XX shall send the invoice with the Product to which it refers.
5. WAIVER RIGHT
5.1 The User has the right to waive the purchase, for which he may contact XX at the following e-mail address: XX@XX.XX and waive the purchase within a period of no more than seven (7) working days as of the Product reception. The Product should be sent together with the fully completed return form and a fully completed copy of the delivery note or of the invoice thereof. XX shall pay the Product direct return cost, which should be performed in accordance to the instructions that XX gives to the User in reply to his waiver notification. The User must return the Product within the maximum term of seven (7) days after XX indicates the User to do so.
5.2 The waiver involves the refund of paid monies. In order to do this, the customer must state the number and holder of the credit card to which XX should make the refund on the returns form. The term for this refund shall be the one stated by Law.
5.3 The waiver right may not be exercised if the Product is not returned in its original packaging and when the Product is not in perfect conditions.
6. CUSTOMER CARE SERVICE
6.1 For any defect, claim or exercise of his rights, the User may send an e-mail to the following address: XX@XX.XX.
7. HOME DELIVERY SERVICE
7.1 The geographical area of sales through the Store is exclusively for the European Union, meaning that the delivery service shall only be rendered within this area. Products bought through the Store shall be sent to the delivery address stated by the User once payment has been verified. The maximum delivery term is of thirty (30) days such as stated by Law.
7.2 The XX delivery service is performed in collaboration with a number of logistics operators of acknowledged prestige. Orders shall not be sent to Post Office Boxes, hotels or other non-permanent addresses.
7.3 The shipping & handling cost is not included in the price of the Products. At the time of purchase of the Product, the User shall be informed of the exact shipping & handling costs.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all elements of the Store and of each of the Products, the information and materials contained therein, the trademarks, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to the said Products are protected by intellectual and industrial property rights belonging to XX or to third parties, and that in regards to these industrial and intellectual property rights the General Terms and Conditions do not give him any other rights than those specifically covered thereof.
8.2 Unless authorised by XX or, as the case may be, by the third-party holders of the corresponding rights, or except if allowed by law, the User shall not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available, or allow access to the public through any way of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he has access through the use of the Store solely for his own needs, agreeing not to perform whether directly or indirectly, any commercial use of the materials, elements and information obtained thereof.
8.3 The User must prevent himself from avoiding or handling any technical devices established in the Store by XX or by third parties.
9. DATA PROTECTION
9.1 In compliance with the Personal Data Protection Act 15/99, we are informing you that your personal details and other information provided by means of the registration form and from the transactions made, shall be included and kept on a file belonging to XX until you request it to be cancelled. The treatment thereof shall be used for the performance and execution of the sale, the personalised care of the products and services that you purchase and the improvement thereof as well as the promotion of proprietary products and services and those of third companies related to XX
In the same way, we are informing you that your details shall be made available to the ZZZZZZZ companies for the stated purposes / XXX which shall treat these data with the utmost confidentiality, being the sole and exclusive recipient thereof, and which shall not make any assignments or communications to third parties other than those stated by current regulations.
9.2 The User may, at any time, exercise the rights of access, rectification, opposition or cancellation by addressing XX, XXX or by means of e-mail addressed to XX@XX.XX, to which a copy of his ID. Number shall be attached thereto.
9.3. Replies marked with an * on the registration form are mandatory. Failure to answer the said questions shall prevent the purchase of the selected products from being completed.
10.1 XX shall provide personal passwords to the user who signs in on the website. These passwords shall be used to have access to the services provided by the Website. The user must keep the passwords under his exclusive liability in the strictest and most absolute confidentiality, therefore being liable for the damages or consequences of any kind that arise from the breach or disclosure of the password. For security reasons, the user may change the telematic access passwords to the services related to the Website at any time. The User agrees to immediately inform XX of any unauthorised use of his password and of any access to the said password by unauthorised third parties.
11.2 Should the User not want a cookie to be installed on his hard drive, he should configure his Internet browser in such a way that it does not accept the said cookies. In the same way, the User may freely destroy the cookies. In the event the User decides to disable the cookies, the quality and speed of the service may diminish and he may even lose access to some of the services offered in the Store.
12. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by Spanish legislation. Any dispute arising from the interpretation or execution that may occur in relation to the validity, interpretation, fulfilment or termination of this contract shall be submitted to the Jurisdiction of the Courts of the City of XXXXX, and the User shall waive his jurisdiction as long as the applicable law allows the said waiver.