GENERAL CONDITIONS OF CONTRACT
1. GENERAL INFORMATION
The ownership of this website, www.autocazantes.com, (hereinafter Website) holds it: Alfonso Bonet Baiget, provided with NIF 00379422Z and whose contact details are the email address: email@example.com.
This document (as well as any other documents mentioned herein) governs the conditions governing the use of this Website and the purchase or purchase of products and/or services therein (hereinafter, Terms).
For the purposes of these Terms it is understood that the activity that www.autocazantes.com carried out through the Website includes the marketing of products and services related to recreational nautical.
In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice, the Cookies Policy and the Privacy and Data Protection Policy of www.autocazantes.com.
By using this Website or by making and/or requesting the purchase of a product and/or service through it the User consents to be bound by these Terms and the aforementioned, so if you do not agree with all of this, you should not use this Website.
It is also reported that these Terms may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website as those that are in force at the time the purchase of products and/ or services are requested.
For all questions that the User may have in relation to the Terms, he or she may contact the owner using the contact details provided above or, where applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually, as User or jointly as Users), so that, from the beginning of the navigation on the Website, all the Conditions established herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
– Use this Website only for legally valid inquiries and purchases or acquisitions.
– Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and reported to the relevant authorities.
– Provide truthful and lawful contact details, e.g. email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is mainly intended for Users residing in the European Union. Www.autocazantes.com does not ensure that the Website complies with the laws of other countries, either in whole or in part. The holder declines any liability that may arise from such access, nor does it insure shipments or provision of services outside the European Union.
The User may, at his/her option, formalize with www.autocazantes.com the contract to buy the sale of the products and/or services desired in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and forms established. They must follow the procedure of purchase and / or online purchase of www.autocazantes.com, during which several products and / or services can be selected and added to the cart, basket or final space of purchase and finally click on the corresponding link.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that www.autocazantes.com has received his/her purchase order or request and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by email when your purchase is being sent. Where applicable, this information may also be made available to the User through his/her personal connection space to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, where applicable, through your personal space connecting to the Website. Likewise, the User may, if he/she wishes, obtain a copy of his/her paper invoice, requesting it from www.autocazantes.com using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and displayed next to the presentation or, where applicable, image of it on its website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of the services; and acknowledges that the placing of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, www.autocazantes.com is not the manufacturer of products sold or that may be marketed on the Website. While www.autocazantes.com makes great efforts to make the information displayed on the Website correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that displayed on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
All purchase orders received by www.autocazantes.com through the Website are subject to the availability of the products and/or to the fact or cause of force majeure (clause nine of these Terms) affect the provision thereof and/or the provision of the services. If there are difficulties in the supply of products or no products remain in stock, www.autocazantes.com undertakes to contact the User and refund any amount that may have been paid in respect of amount. This shall also apply in cases where the provision of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website in Euros indicate in each case whether they include taxes, especially with regard to VAT.
Shipping costs are indicated on the product pages as shown on the Website. Thus, www.autocazantes.com performs delivery and/or shipping services through courier services.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods can be: Credit or Debit Card, Bank Transfer or PayPal.
Credit cards will be subject to checks and authorizations by the bank issuing them, if that entity does not authorize payment, www.autocazantes.com will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once www.autocazantes.com receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in form and, where appropriate, place established is sent to the User.
In any case, by clicking on the corresponding link the User confirms that the payment method used is his or that, if applicable, he/she is the rightful holder of the gift card or the credit card.
Purchase or purchase orders in which the User selects as payment method the bank transfer will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by www.autocazantes.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, www.autocazantes.com will not be able to validate the order, which will be voided.
Where the physical delivery of the contracted good is appropriate, deliveries shall be made within the scope of the following territory: European Union.
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the related products on each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, that is attributable to you, www.autocazantes.com cannot meet the delivery date, it will contact the User to inform him/her of this circumstance and, the latter may choose to go ahead with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order in the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to make it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she must contact www.autocazantes.com to agree on the delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to www.autocazantes.com it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned to him, except for the additional expenses resulting from the User's own choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Terms, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when www.autocazantes.com receives full payment of all amounts due in connection with the purchase or purchase made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount paid for www.autocazantes.com.
In accordance with the provisions of Law 37/1992, of December 28, value added tax (VAT), purchase orders for delivery and/or service shall be understood as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time depending on the particular article concerned.
7. TECHNICAL MEANS TO CORRECT ERRORS
It is made known to the User that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he/she may modify them by contacting www.autocazantes.com through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be re-addressed by the User through his/her personal connection space to the Website.
In any case, the User, before clicking on the corresponding link, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise his right of rectification in accordance with the provisions of Organic Law 15/1999, of December 13, protection of Personal Data.
In cases where the User purchases products on or through the Owner's Website, a number of rights assist him or her, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore assists him/her from the right to withdraw from such purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days on the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods acquired on the website of www.autocazantes.com or in the event that the goods that make up his order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by the User. , other than the carrier, acquired material possession of the last of those goods which made up the same purchase order.
In order to exercise this right of withdrawal, the User must notify his/her decision to www.autocazantes.com. You can do this through the contact spaces enabled on the Website.
The User, regardless of the means of his/her decision, must clearly and unequivocally state that it is his/her intention to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication which unequivocally expresses the decision to withdraw is sent before the expiry of the corresponding deadline.
In case of withdrawal, www.autocazantes.com will reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which www.autocazantes.com is informed of the decision to withdraw by the User.
Www.autocazantes.com will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional costs to the User. However, www.autocazantes.com may withhold such refund until the products or items of the purchase have been received, or until the User provides proof of the return thereof, depending on which condition is met first.
The User may return or send the products to www.autocazantes.com at the address indicated and must do so without undue delay and, in any case, no later than 14 calendar days from the date on which www.autocazantes.com was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transportation, delivery) of the goods, if any are incurred. In addition, it shall 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 goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case with: customized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without its packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense is the provision of a service that the User may contract on this Website, since this same Law states that the right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that he is aware that he is aware that , once the contract has been fully executed by www.autocazantes.com, you will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
In addition, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of defective products or shipping error.
These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact www.autocazantes.com immediately and let him know the existing non-conformity (defect/error) by the same means or using the contact details that appear on the Website.
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund is appropriate or, where appropriate, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including the delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User will always be, as a consumer and user.
The User, as a consumer and user, has guarantees about the products that he can purchase through this Website, in the terms legally established for each type of product, responding www.autocazantes.com, therefore, for the lack of conformity of the same that manifests itself within two years of the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by www.autocazantes.com and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. Where this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics provided that they derive from the type of material with which they have been manufactured, and that will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufacture by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of such products. To do this, the User must have retained all the information in relation to the warranty of the products.
Unless otherwise provided by law, www.autocazantes.com will not accept any liability for the following losses, regardless of their origin:
– Any losses that were not attributable to any non-compliance on your part.
– Business losses (including loss of profit, revenue, contracts, savings
data, loss of goodwill or unnecessary expenses incurred).
– Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the two parties was concluded.
Likewise, www.autocazantes.com also limits its liability in respect of the following cases:
– www.autocazantes.com applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this kind.
– www.autocazantes.com shall act with the utmost diligence in order to make available to the undertaking responsible for the transport of the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road restrains, and in general any other sector, resulting in delays, losses or theft of the product.
– Technical failures that, for incidental or other reasons, prevent the normal functioning of the service through the Internet. Unavailability of the Website for maintenance or other reasons, which prevents the availability of the service. Www.autocazantes.com puts all means at its disposal for the purpose of carrying out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for reasons that are not attributable to it, fortuitous case or force majeure.
– www.autocazantes.com shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. At the same time, www.autocazantes.com will also not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
– In general, www.autocazantes.com shall not be liable for any non-compliance or delay in the fulfilment of any of the obligations assumed, where it is due to events beyond our reasonable control, that is, due to force majeure, and this may include, but is not exhaustive:
– Strikes, lockouts or other claims.
– Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
– Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
– Impossibility to use trains, ships, aircraft, motor transport or other means of transport, public or private.
– Impossibility to use public or private telecommunications systems. o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and www.autocazantes.com will have an extension in time to fulfil them for a period of time equal to the duration of the cause of force majeure.
Www.autocazantes.com will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with www.autocazantes.com are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notice, information and other communications that www.autocazantes.com sent electronically comply with the legal requirements to be in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with www.autocazantes.com through the contact spaces of the Website.
Likewise, unless otherwise provided, www.autocazantes.com may contact and/or notify the User in their email or at the postal address provided.
No waiver of www.autocazantes.com to a specific legal right or action or failure to www.autocazantes.com the User's strict compliance with any of its obligations shall imply, nor a waiver of other rights or actions arising from a contract or the Terms, nor will the User waive compliance with its obligations.
No waiver of www.autocazantes.com any of these Terms or the rights or actions arising out of a contract shall take effect, unless expressly stated to be a waiver and formalized and communicated to the User in writing.
If any of these Terms are declared null and void by final decision given by the competent authority, the remaining clauses shall remain in force, without being affected by such declaration of invalidity.
13. FULL AGREEMENT
These Terms and any documents expressly referenced herein constitute the entire agreement between the User and www.autocazantes.com in relation to the object of sale and supersede any prior agreements, agreements or promises agreed orally or in writing by the same parties.
The User and www.autocazantes.com acknowledge that they have consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except as expressly mentioned in these Terms.
14. Data protection
The information or personal data that the User provides to www.autocazantes.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.
15. Applicable law and jurisdiction
The access, navigation and / or use of this Website and the contracts of purchase of products through it will be governed by Spanish legislation.
Any dispute, problem or disagreement arising out of or relating to the access, navigation and/or use of the Website, or the interpretation and execution of these Terms, or the sales contracts between www.autocazantes.com and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTs AND COMPLAINTS
The User may www.autocazantes.com reach www.autocazantes.com their complaints, complaints or any other comments that they wish to make through the contact details that appear on the Website.
In addition, www.autocazantes.com has official complaint sheets available to consumers and users, and that consumers and users can request from www.autocazantes.com at any time.
In addition, if a dispute between www.autocazantes.com and the User emanates from the conclusion of this purchase agreement, the User as a consumer may request an out-of-court dispute settlement, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in matters of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/.