GENERAL PURCHASE CONDITIONS
These General Contracting Conditions (hereinafter General Conditions) will regulate the commercial relationship that arises between Torrelsa, S.A.U. and the user or costumer for the contracting made through the forms that Torrelsa, S.A.U. puts at your disposal at www.tienda.torrelsa.com.
Contracting through the websites of Torrelsa, S.A.U. will imply the express acceptance, by the costumer or user of the pages, of these conditions, as well as the conditions of use established for the user's navigation through the pages owned by Torrelsa, S.A.U. These conditions will apply without prejudice to the application of the legal regulations on the matter that are applicable to each case.
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, to Law 26/1984, of July 19, General for the Defense of Consumers and Users, at Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7 / 1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
Torrelsa, S.A.U. reserves the right to make the modifications it deems appropriate, without prior notice, in the General Conditions. Said modifications may be made, through their websites, by any form admissible by law and shall be binding during the time they are published on the web and until they are validly modified by subsequent ones. However, Torrelsa, S.A.U. reserves the right to apply, in certain cases, Particular Contracting Conditions in preference to these General Conditions when deemed appropriate, announcing them in a timely manner.
INFORMATION PRIOR TO CONTRACTING
Torrelsa, S.A.U. informs that the purchase procedure through its page www.tienda.torrelsa.com and is detailed in the section called Terms and Conditions.
Likewise, Torrelsa, S.A.U. informs that the user can access the conditions of use by clicking on the Terms and Conditions section.
By contracting with Torrelsa, S.A.U .. through its websites, the user or costumer expressly declares to know, understand and accept said conditions of use and general contracting conditions. In the same way, the user declares to be of legal age and to have the legal capacity and to act necessary to access the websites of Torrelsa, S.A.U. and purchasing through them. The user is responsible for treating confidentially and responsibly the identity and password obtained in the registration as a costumer, not being able to assign them to another.
OPERATION OF THE PURCHASE
1.SCOPE OF APPLICATION
2.ADHESION TO THE CONDITIONS OF SALE
3.PRICES, OFFERS AND BUDGETS
4.SALES SYSTEM, PURCHASE ORDER AND ORDER CONFIRMATION
5. PAYMENT FORMS
6.RESERVATION OF TITLE
7. PRODUCT DELIVERY
8.RIGHT OF WITHDRAWAL
12 FORCE MAJEURE
15.PROTECTION OF PERSONAL DATA
18 PLACE OF EXECUTION OF THE CONTRACT
1.SCOPE OF APPLICATION
These Contract Conditions (hereinafter the "Conditions of Sale") regulate the online sale of products or services offered by Torrelsa, S.A.U. with registered office at Carretera Nacional 230 km. 4,840 25196 Lleida through the website www.tienda.torrelsa.com and put up for sale through the technical means incorporated therein for this purpose and complete as soon as they are not opposed by the agreements established in the corresponding electronic purchase order ( hereinafter the "Purchase Order").
This agreement does not apply to purchases of Products or Services through a reseller or distributor nor is it a resale or distribution agreement.
2. ADHERENCE TO THE CONDITIONS OF SALE
The completion and sending of the corresponding Purchase Order expresses full and unreserved adherence to each and every one of these Conditions of Sale as indicated in the Purchase Order itself.
3. PRICES, OFFERS AND BUDGETS
The products offered on the website www.tienda.torrelsa.com and their prices will be available for purchase while it is in the catalog of products viewed through the website.
Budgets or economic offers are only valid in writing and during the period indicated therein. If no term is indicated, it will be 15 days (even for Third Party products).
4. SALES SYSTEM, PURCHASE ORDER AND ORDER CONFIRMATION
Orders will only be sent to Torrelsa by telematic means (telephone and internet) through the Purchase Order form that is provided, duly completed, providing each and every one of the data requested as mandatory.
Once a Purchase Order has been received, Torrelsa will immediately send a confirmation of the sale contract made (hereinafter "Confirmation") to the email address indicated in the Purchase Order. You must verify the Order Confirmation and immediately notify us in writing of any error, if any, or the provisions of the Order Confirmation will be applicable to it.
In the event that at the time of receipt of a Purchase Order there were no available stocks of the product or products requested, Torrelsa will contact the customer to notify them, offering them the possibility of acquiring a similar product whenever possible.
5. FORMS OF PAYMENT
The price of the products will be paid by credit card or bank transfer.
5.1.1. The credit card payment service is directly provided by the credit institution. The cards accepted are VISA, MASTERCARD or AMERICAN EXPRESS. In order to increase security in purchases made through the Internet and protect the parties involved in the purchase from possible fraudulent actions, VISA, MASTERCARD or AMERICAN EXPRESS have agreed to offer secure commerce for purchases made through the Internet .
Torrelsa excludes all responsibility in relation to the confidentiality and security of the information and data provided by the Costumer when paying for their electronic purchases by credit card, insofar as the treatment of said information and data is not exclusively under control of Torrelsa.
5.1.2. In the case of payment by bank transfer, the customer must use the IBAN: ES55 0182 2344 0502 0151 3902 to complete the purchase process. After the transfer, you must send an email to email@example.com confirming the payment. The order will only be considered after a good collection of the value.
5.2. Expenses and taxes
The expenses of conditioning, packaging and shipping of the products purchased, as well as, where appropriate, VAT and other applicable taxes, are the responsibility of the Customer who will proceed to pay them together with the price and in the same way chosen to make effective payment of the price.
5.3. Shipping costs
Torrelsa offers shipping costs for purchases of a value equal to or greater than 50 EUR (VAT included).
For purchases of less than 50 EUR there is a fixed cost of shipping costs of:
(VALUES COM VAT INCLUDED :)
CATALONIA - EUR 10.90
SPAIN PENINSULA - 12.90 EUR
5.4. Guarantees on payment
Torrelsa reserves the right to demand that the Costumer provide the appropriate payment guarantees before sending the Confirmation and following up on the order received, taking into account the risks to which it is foreseeably exposed, such as, for example, incidents with occasion of other previous payments or the existence of financial reports that advise it.
6. RESERVATION OF TITLE
Torrelsa expressly reserves the property of the Product until full payment of the price, expenses and applicable taxes.
Torrelsa may suspend delivery or Service until full payment of the order.
7. DELIVERY OF PRODUCTS
7.1. Delivery term
The delivery time of the Products will be 48 business hours, the average term, from the moment the full price, expenses and applicable taxes are charged.
Torrelsa can deliver in parts. The lack of stock is sufficient cause to interrupt the calculation of the delivery period, as long as it is reliably communicated to the costumer before the end of said period.
7.2. Risk Transfer
Delivery is made by making the Product available by Torrelsa or by a third party on behalf of Torrelsa at the address indicated by the Customer in the Purchase Order. The Customer will assume all risks of deterioration, impairment, damage and loss of the Products from the moment the Products have been made available to her in accordance with this clause.
7.3. Responsibility for delivery
Torrelsa will be released from the fulfillment of its delivery obligations foreseen in the delivery period and declines all responsibility in this regard in the following cases:
7.3.1.) Total or partial non-payment by the Costumer accompanying the Purchase Order.
7.3.2. Omission or inaccuracy of the information that, in accordance with section 4, must be provided by the Customer in the Purchase Order at the time of placing the order.
7.4. Place of delivery
The delivery service is guaranteed in the Spanish territory, excluding the islands.
7.5. The customer has the possibility of picking up their order at two offices in Torrelsa without associated transportation cost.
7.5.1. Pick up at Torrelsa Lleida - Ctra. N-230 Km. 4.84. 25196 Lleida.
Telephone: 973 236 775. Workshop hours: 8:00 a.m. to 1:30 p.m. and from 3:30 p.m. to 6:00 p.m.
7.5.2. Pick up at Torrelsa Barcelona - Pol. Ind. Via Trajana, 50 – 56 C/ Jaume Brossa, 53 - 08020 Barcelona. Telephone: 933 208 058. Workshop hours: 8:00 a.m. to 1:30 p.m. and 3:30 p.m. to 6:00 p.m.
8. RIGHT OF WITHDRAWAL
8.1. Form and term of exercise
The Costumer may freely withdraw from the sale contract within a period of seven business days from the day of receipt of the product, or longer if it had been offered.
The date of the receipt certifying the delivery of the product serves for the purposes of computing the aforementioned seven-day period.
The exercise of the right of withdrawal will not be subject to any formality, it is sufficient that it be accredited in any way admitted by Law.
However, trying to provide the Costumer with the right of withdrawal, the Costumer may use the Withdrawal Communication provided by Torrelsa together with the Confirmation and send it by certified mail before the end of the seven-day period referred to above. For these purposes, the Notice of Withdrawal must be sent to the address that appears therein together with the Product in new condition and in its original packaging or, failing that, duly packed by its own means; Also attaching the original of the invoice that Torrelsa would have issued to the Costumer at the time.
The exercise of the right of withdrawal by the Costumer will not imply the imposition of any penalty.
The Customer must bear the direct cost of returning the product, so returns postage due will be rejected.
The risks of loss, deterioration, impairment or damage to the Product to which the withdrawal refers, are borne by the customer until delivery to Torrelsa.
To exercise the right of withdrawal, you must send an e-mail to the address firstname.lastname@example.org indicating your intention to return the product. Once your communication has been received, we will indicate the delivery address of the product to be returned.
8.2. Refund of the amount in case of withdrawal
Torrelsa will return to the Costumer the amount paid for the Product within a maximum period of thirty days after receipt of the Product by Torrelsa, in exercise of the right of withdrawal, as long as the Product was received by Torrelsa under the conditions established in the previous clause. In the event that the returned Products have any damage, the Costumer must indemnify Torrelsa the amount corresponding to such damage, Torrelsa deducting said amount from the amount that he would have to return to the Costumer as a result of the withdrawal.
8.3. Exceptions to the right of withdrawal
As an exception, the right of withdrawal will not apply in the following cases:
8.3. A) Contracts for the supply of goods made according to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire quickly.
8.3. B) Contracts for the supply of goods whose price is subject to fluctuations in financial market coefficients that the seller cannot control.
In addition, if the Costumer is not a Consumer, as established by the Spanish Law on Consumers and Users, the Costumer expressly waives their right of withdrawal.
Torrelsa offers you a 15-day trial period and guarantees the quality of the product it covers, under the legally established terms, for a period of two years from the delivery date.
Deficiencies caused by negligence, blows, improper use or manipulation, unsuitable voltage, incorrect installation not carried out by the authorized Technical Service when appropriate, or materials subject to wear and tear due to normal use are not included. In case of voluntary return of the product in good condition, the shipping costs will be borne by the customer.
In those incidents that justify the use of the guarantee, it will be decided to repair, replace the item, discount or return, in the legally established terms.
The guarantee will lose its value:
- If both the identification number and the guaranteed device are manipulated or repaired without the knowledge of the Technical Service.
To use the guarantee, contact us by e-mail at the following address: email@example.com.
The Services will be provided by Torrelsa or a Service Provider. Response times are approximate and may vary depending on location or accessibility to the Product. The Service may be provided via telephone or the Internet when appropriate. Torrelsa is the owner of any Product replaced or the components that are the object of repair and may charge the Customer if he does not return them when required. Repairs to Third Party Products will be made under the manufacturer's or licensor's warranty. Replacement Parts not critical to the Product's function may not be replaced within the term of the Service Offer.
Torrelsa reserves the right to replace the product with another identical or similar characteristics of equal or greater value, provided that the repair is not possible or economically viable.
Torrelsa will not return the amount of the product for reasons other than the withdrawal.
Neither party will be liable for breaches or delays in its obligations. if the lack of execution or delay resulted or was the consequence of a fortuitous event or force majeure.
12. FORCE MAJEURE
Torrelsa does not accept responsibility for delays (delivery or service included) caused by circumstances beyond its reasonable control and will have the right to an extension for its execution; Examples of these circumstances, but not limited to, include strikes, logistics, supply or manufacturing problems, exchange rate fluctuations, government action, and natural disasters. If the case lasted more than 2 months, this agreement could be terminated by any party, without the right to compensation.
Either party can terminate this contract if the other:
13.1) materially or persistently breaches this agreement and does not remedy such breach within 30 days after the written request to that effect; or
13.2) is declared insolvent or cannot pay its debts by the due date.
14. OBLIGATIONS OF THE COSTUMER
The Costumer will respond for:
Your own choice of the Product and its suitability for a purpose or purpose.
Your telephone and mail expenses, where appropriate, to contact Torrelsa.
Its specification in products and the instructions given by it.
15. PROTECTION OF PERSONAL DATA
Torrelsa has adopted and arranged all the necessary technical and organizational measures. that guarantee the security of personal data, and thus avoid its alteration, loss, treatment or unauthorized access. However, the Costumer is aware that Torrelsa cannot guarantee absolute security on them. as any security measure on the Internet is relatively fragile, so Torrelsa is not responsible for any damage and / or loss and / or benefits not obtained by the user or any other third party that is harmed in that sense.
16.1. How to do them All communication between the Costumer and Torrelsa related to a specific order may be done either by phone or email. In the latter case, the messages will be considered valid and binding, provided that the email appears to belong to the counterpart.
For the purposes of communications, customer service, incidents and others, Torrelsa designates the following email address: firstname.lastname@example.org.
17. CUSTOMER SERVICE
To express any opinion, suggestion or doubt, users can contact the Customer Service of the Torrelsa online store:
- By email to the address email@example.com.
- By telephone, from Spain, by calling the number 973 236 775. In the latter case, the Customer Service hours of the online store will be from Monday to Friday from 9:00 am. at 6:00 p.m.
18. PLACE OF EXECUTION OF THE CONTRACT
The contracts entered into through www.tienda.torrelsa.com will be presumed to be held at the Torrelsa address: Carretera Nacional 230 km. 4,840 25196 Lleida.
These General Conditions of Sale are governed by Spanish legislation and any conflict or discrepancy in the interpretation or application of the same, will be submitted to the Courts and Tribunals that, where appropriate, provide the applicable legal regulations in matters of competent jurisdiction, in which, in the case of end consumers, the place of fulfillment of the obligation or the consumer's domicile is served.
In the event that the Costumer is a company, both parties will submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Lleida.