CONDITIONS OF PURCHASE

Introduction.

This document contains the Conditions that regulate the purchase of our products and the contract that binds us to both of us – You and us – (hereinafter the “Conditions”). These Conditions establish the rights and obligations of all users (hereinafter “You” / “your”) and those of Sons and nephews of Pedro Sánchez, sl. (Hereinafter “we” / “our” / “the Seller”) in relation to the products we offer through our Online Store application (hereinafter collectively referred to as the “Products of Sons and Nephews of Pedro Sánchez, SL”). Please read these Conditions and our Privacy Policy carefully before using our Online Store application or authorize any payment and place the order. By using our Online Store application or placing an order through it, you consent to be bound by these Terms and our Privacy Policy, so, if you are not in accordance with all the Conditions and the Privacy Policy , you should not place any order. These Conditions may be modified at any time by the Seller, without notice, so you must read them before making each order in order to know the provisions in force.

If you have any questions related to these Purchase Conditions or the Privacy Policy you can contact us through the email address correo@caballodeoros.com.

Use of our Online Store application.

These Conditions are the only conditions applicable to the use of our Online Store application, and replace any other, unless express prior written consent of the Seller. These Conditions are important both for you and for us since they have been designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company. You declare that, when placing your order, you have read and accept without reservation these Conditions. You agree that:

You can only make use of the Online Store application to make legally valid inquiries or orders.
You can not make any speculative, false or fraudulent request. If we have reasonable grounds to consider that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
You are also obliged to provide us with certainty and correct your email address, postal address, telephone and / or other contact information and consent that we may use this information to contact you if necessary.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through our Online Store application, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

Availability of the service

The present information and the details contained in our Online Store application do not constitute an offer of sale, but rather an invitation to do business. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.

To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us (the “Contract”) will be formalized only when we send you the Shipping Confirmation.

Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been the subject of an order until we confirm the shipment of the same in an independent Shipping Confirmation.

Availability of products

All product orders are subject to their availability and, in this sense, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide information about quality substitute products and equal or greater value that You can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount that you may have paid.

Refusal to process an order.

We reserve the right to withdraw any Product from our Online Store application at any time and / or to remove or modify any material or content thereof. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the order confirmation, in these cases, we will contact you as soon as possible informing you of the circumstances that prevent the processing of the order and / or alternative solutions.

We will not be liable to you or to any third party for the fact of withdrawing any product from our Online Store application, regardless of whether said product has been sold or not, remove or modify any material or content from our Online Store application, or for refusing to process an order once we have sent the order confirmation.

Right to cancel the purchase. Returns

If for any reason you are not satisfied with your order, you have a period of 15 calendar days, from the date of delivery of the order, to return it (according to article 44 of Law 7/1996, of January 15 of Ordination of Retail Commerce modified by Law 47/2002, of December 19). It will be understood that you have known the right of withdrawal from the acceptance of these General Conditions and placing the order.

You can test the merchandise to determine its nature, its characteristics or its operation as it would in a commercial establishment.

It is very important that you return the exchange or return products in perfect condition and in their original packaging. The return of those products that are not in the same conditions in which they were received will not be accepted. In case the products are damaged due to improper packaging, we will not accept the return. Once we receive the goods in our warehouses and verify that all the above conditions are met, the Seller will accept the return of the product and proceed to the payment of the amount through the corresponding payment method.

You will receive the refund of the amount within a maximum period of 15 days from the reception in our warehouse of the exchange or return product. Keep in mind that your bank may not show you the amount of the refund on your balance until the following month. In the case of orders made by cash on delivery, the surcharge associated with this payment method will not be refunded. If the customer has made a purchase by cash on delivery and rejects the goods at the time of delivery, the Seller may demand all preparation, shipping and return costs generated by the order.

In the case of defective products or erroneous shipments, all costs of return shall be borne by the Seller.

This provision does not affect the rights recognized to the consumer by current legislation.

Delivery.

Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, we will try to send the order of the related product (s) in the Shipment Confirmation before the delivery date shown in the Shipment Confirmation or , if no delivery date is specified, within 2 to 5 working days from the date of the Confirmation of shipment.

If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Delivery times may be altered in periods of sales.

For the purposes of these Conditions, it will be understood that the “delivery” has taken place or that the product (s) have been “delivered” at the moment of signing the receipt thereof at the agreed delivery address.

The Seller reserves the right to vary the type of shipment and the company for which it is made, provided that it does not cause a manifest damage to the customer. In no case will be sent to postal sections.

For shipments to all of Spain, the following conditions will apply:

Shipping costs vary depending on the country of destination. To know exactly the costs, go to the order summary screen. During certain periods of promotion the shipping costs may be free.
Delivery from Monday to Friday on weekdays.
Impossibility of delivery.

If at the first delivery attempt, the recipient is absent at the address indicated, a second delivery attempt will be made on the next business day. If after a second attempt it is not possible to make the delivery, Sons and nephews of Pedro Sánchez, s.l. carrier will notify us of the indicence to proceed with its resolution. If you do not receive your order within the deadline or if it is impossible to pick it up, please contact our Customer Service.

Transmission of risk and property.

The risks of the Products will be at your charge from the moment of delivery. You will acquire the ownership of the products when we receive the full payment of all the amounts owed in relation to them, including the shipping costs, or at the time of delivery (according to the definition contained in clause 8), if this took place at a later time.

Prices.

The price of the products will be the one stipulated at all times in our Online Store application, except in case of manifest error. Although we try to make sure that all the prices listed in the application are correct, errors can occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.

We will not be obliged to supply the product (s) at the wrong lower price if the error in the price is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price.

The prices of our Online Shop application include VAT or tax that can replace you, but exclude shipping costs, which will be added to the total amount due and will be communicated to you before you formalize your purchase.

Prices may change at any time, but (except as stated above) the possible changes will not affect the orders with respect to which we have already sent a Confirmation of Shipment.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment.

Value Added Tax.

In accordance with current regulations, any purchase made through our Online Store application will be subject to Value Added Tax (VAT), or any other tax that may replace it.

Responsibility and exoneration of responsibility.

Our responsibility in relation to any Product purchased in our Online Store application will be strictly limited to the purchase price of said Product. Nothing in these Conditions of Purchase excludes or limits in any way our liability:

In case of personal injury caused by our negligence;
In case of fraud or fraudulent falsehood; or
In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of the losses or losses. major damages, which occur in any way, and are caused by civil wrong (including negligence), breach of contract or others, even if they could have been foreseen.

Due to the open nature of our Online Store application and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this application. All descriptions of products, information and materials contained in this Online Store application are provided “in the state in which they are found” and without express, implied or derived warranties in any other way. To the extent possible, as permitted by law, we exclude all warranties by safeguarding those warranties that can not be legitimately excluded from consumers.

The provisions of this clause shall not affect your rights recognized by law as a consumer, nor your right to withdraw the Contract.

Notifications

The notifications that you send us should preferably be sent through our email correo@caballodeoros.com. In accordance with the provisions of these Conditions and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.

Assignment of rights and obligations.

The Contract between you and us is binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for You, without having obtained our prior written consent.

We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived therefrom on our behalf or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights you have as a consumer recognized by law or annul, reduce or limit in any other way the warranties, both express and implied, that we could have given you.

Events beyond our control.

We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control (“Force Majeure”). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include, but is not limited to, the following:

Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligation of compliance under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill our obligation during that period. We will use all reasonable means to end the Cause of Force Majeure or to find a solution through which we can fulfill our obligations under the Contract despite the Cause of Force Majeure.

Resignation.

If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Conditions, or if we fail to exercise any of the rights or resources that we are entitled to exercise or To interpose by virtue of said Contract or these Conditions, such fact shall not constitute a waiver of said rights or remedies nor shall it exempt you from complying with such obligations.

The waivers we make to demand compliance will not constitute a waiver on our part to demand further compliance. No waiver by us of any of these Conditions will take effect, unless expressly stipulated that it is a waiver and communicated to you in writing in accordance with the provisions of the section of Notifications above.

Divisibility.

If any of these Conditions or any provision of a Contract were considered invalid, illegal or unenforceable to any extent by the competent authority, will be separated from the remaining conditions and provisions that will remain valid to the extent permitted by law.

Integrity of the contract.

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the object of the Contract and supersede any other agreement, agreement or previous promise agreed between you and us verbally or by written.

You and we acknowledge having agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that may be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except as expressly provided. mentioned in these Conditions.

Our right to modify these conditions.

We have the right to review and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of government agencies we should make changes to those policies, Conditions or Privacy Policy, in which case, the possible changes will also affect the orders that you had previously made.

Applicable legislation and jurisdiction.

Contracts for the purchase of products through our site will be governed by Spanish legislation. Any dispute that arises or relates to such contracts will be subject to the exclusive jurisdiction of the courts of the city of Alicante. Nothing in this clause will affect the rights that are recognized by current legislation.

Comments and suggestions.

Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions through our email correo@caballodeoros.com or contact the number: +34 927 46 00 00