This document contains the conditions concerning the website, as the owner when interacting with the user and their data, as well as in its operation, or the purchase and sale process, or the return policy or user rights.
The use of this page constitutes a consent regarding these conditions by which the user is bound to them, so we ask that if you do not agree with the Terms and Conditions detailed below, do not use this web page. These conditions may be modified, and it is your responsibility to read them and be aware of them at the time of their validity, as they will be those that are applicable and not others that have been modified.
2. DATA OF THE HOLDER
This website is operated under the ownership of AZULEJOS BORJA, S.L., with N.I.F. nº B12007910 and with registered office at Ctra. Onda, 24 Alcora - (Castellón).
3. PERSONAL DATA AND VISITS TO THIS WEBSITE
4. USE OF THE WEBSITE
By using this website and / or placing orders through it, you agree to:
Make use of this website only to make legally valid inquiries or orders.
Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
Provide your email address, postal address and / or other contact information truthfully and accurately. You also agree that we may use such information to contact you. Likewise, it will be necessary for you to provide us with all the necessary information or otherwise we will not be able to place your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter contracts.
5. GEOGRAPHICAL SCOPE
The products and services that can be offered through our website are only available for purchase and shipment in the national territory of Spain and Portugal, without prejudice to what is established for this in the seventh clause of these conditions.
6. THE CONTRACT
The contract is understood to be valid when you enter your data on the web to purchase the product and proceed to pay.
For the order to be effective, you must follow the procedure indicated on the web, and once the product is selected, click on "add to cart". When you finish your order, you must click on "finish purchase", which will direct you to the collection of data for your billing and shipping, and thus get your order to take effect. Then you will receive an email with the receipt and confirmation of your order.
Only those products listed in the Shipping Confirmation will be the object of the Contract.
7. AVAILABILITY OF THE PRODUCTS
Orders for the various articles and products on our website are subject to their availability. Therefore, if there are no products available for supply in stock, we reserve the right to provide you with information on products of similar or higher quality and value to the one you have ordered and that is available for you to purchase. If you do not wish any of the alternative orders that we offer you, any amount that you have paid will be refunded.
Following article 111 of Substitution of the good or service contracted remotely of the General Law for User and Consumer Defense, if the order is not in stock, the owner of the website may deliver a similar product without price increase. or superior characteristics. That said, if the consumer does not agree to have the order replaced by another under such conditions, they will have this right to withdraw and terminate the contract under the same conditions as if it were the order initially requested and that was not available.
In the event of unjustified delays by the owner of the website regarding the return of the sums paid by the consumer in the event of withdrawal or resolution, the consumer may claim to be paid double the amount owed, in accordance with the Article 110 of the General Law for the Defense of Consumers and Users.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it unless the purchase has already been made. 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.
Without prejudice to the provisions regarding the availability of the goods in the eighth clause, and unless extraordinary circumstances occur, it will be endeavored to send the related products requested after the Confirmation of Shipment within a period of 15 days in the peninsula and Portugal.
If the delivery date cannot be met for any reason, you will be informed of this and will be given the option to make the delivery on a new date, as well as the possibility that you must cancel the order with a full refund of the price paid, always bearing in mind that no deliveries are made during holidays or weekends. Thus, the delivery will be considered completed when the receipt is signed at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
In the event of impossibility in the delivery of your order, having tried it twice, it would have been impossible to carry it out, this party may understand that you want to withdraw from the contract, and we can resolve it. In the event of resolution and because of this, the price paid for the products that have been requested and could not be delivered will be returned, in a period as soon as possible or that ranges from 3 to 14 days from the date of delivery. receive the return.
11. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks assumed in the delivery of the product will be run by the buyer from the moment they are delivered. The ownership of the same will be acquired by the purchasing party when the owner of the website receives the full payment corresponding to all orders as well as related expenses, such as shipping costs. The property may also be understood to be transferred at the time of delivery, explained in clause 9, if it takes place at a time after payment.
12. PRICE AND PAYMENT
In case of error in any of the products that the client has ordered with respect to those that appear on the website, they will be informed as soon as possible, and an attempt will be made to find a solution. The prices indicated in our products on the website include all VAT, except shipping costs, which are added to the final price.
The owner reserves the right to change prices at any time, but they will never affect orders already made by clients to whom a Shipping Confirmation has already been sent.
Once you have made your purchases, all the items you want to buy will have been added to your cart and the next step will be to process the order and make the payment. To do it:
Click the "Go to cart" button at the top of the page if you want to review the items or "checkout" if you want to make the purchase directly.
Fill in or check the billing information, payment method, shipping method and click the "place order" button, accepting the terms and conditions of the contract.
You will be redirected to the payment gateway, enter your card details. You can make the payment with Visa, Visa Electron or Mastercard, Maestro cards
Click "Accept", you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.
Delivery / return points. The owner of the website will proceed to deliver the order at the address indicated by the Customer during the purchase period.
If you want to make a return, you must access your customer area once the order is in the "delivered" state, request the return and the point where you want to return it. When the status that appears is "Pending approval" it means that you can now take the perfectly sealed package to the selected store, remember that no damaged product will be collected. You can request that your delivery note be stamped as proof of delivery of the package. This service of transportation return costs should be covered by you. The refund of the amount of the product / s will be made through the card that made the payment once we receive the package at our address. The amount will never be refunded in the store, nor can an exchange be made for another item.
For more information on shipping and return costs, you can go to: Shipping costs.
13. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be in the territory of application of Spanish VAT. The applicable VAT rate will be always the one legally in force depending on the specific article in question and as appropriate according to the law of said tax.
Non-intracommunity international sales, the price without VAT will be applied to the price of the products, without prejudice to the fact that the buyer must face customs fees in their country for products from the European Union when picking up the order in the corresponding delivery point.
14. SHIPPING COSTS
All shipping costs will have a cost of € 200 for orders of an amount less than € 1,000, € 100 for orders whose amount ranges between € 1,000 and € 2,000, and free if the order exceeds € 2,000 in amount with independence, either peninsular territory or Portugal.
15. EXCHANGE / RETURN POLICY
Right of Withdrawal
In accordance with article 71 of the General Law for the Defense of Consumers and Users, the buyer will have a period of 14 calendar days to withdraw from the contract without having to justify it. To do this, you must contact us at the email: firstname.lastname@example.org
Consequences of Withdrawal
If you exercise your right of withdrawal within the established period of 7 days after receiving the goods, the payments paid, excluding shipping, will be returned to you.
The reimbursement of these amounts will be carried out using the same means of payment that you have used to make the initial purchase. The steps taken to carry out the reimbursement will not entail additional cost for you; however, we reserve the right to retain the reimbursement until the moment in which the goods that you have received are returned to us or you can even prove that it has been taken. carry out said refund effectively.
You must return the items by requesting on our website the return through the carrier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the items before the deadline has expired.
Likewise, you will be responsible for the damage or decrease in the value of the goods that may have suffered due to handling other than that necessary due to the nature of the good, its characteristics, its use or operation.
Contractual right of withdrawal. Returns & Exchanges.
You have 7 calendar days to change or return from the date of receipt.
CHANGES WILL BE MADE BY RETURNING THE ITEM AND MAKING A NEW PURCHASE THAT WILL BE COMPENSATED ACCORDING TO THE AMOUNT OF THE RETURNED ITEM
Contact us at the email: email@example.com indicating the data of the item you wish to return or exchange.
You will only have the right to return with refund of the amounts paid exclusively for those products that are in the same conditions in which they were when it was sent, in such a way that no refund can be made in any way when the item to be returned has suffered any damage. Returns, to be made, must always be accompanied with the product, by the purchase receipt that you received at the time the item was delivered.
You can make returns through a carrier that we will send to your home.
The return of your order will entail only transportation cost for you. Please note that we will not accept returns postage due.
After examining the item, we will inform you if you are entitled to a refund of the amounts claimed. The refund will be made as soon as possible, and in any case, before 14 days from the date you communicated your intention to withdraw. However, we can withhold the reimbursement until we have received the goods, or until you have submitted a proof of return of the goods, depending on which condition is met 1st. The refund will always be by the same means of payment that you used for the purchase
You must return the package perfectly sealed, we will not accept any return of any open package, or damaged products. The refund of the amount of the product will be made through the card that made the payment once we receive the package at our address.
If you have any questions, you can contact us through our email firstname.lastname@example.org or by calling 964 361000
16. RETURNS FOR LACK OF CONFORMITY OF THE PRODUCT WITH THE CONTRACT
When it is assumed that the item purchased, at the time of delivery, does not correspond to what was purchased at the time after completing the online purchase process, you can contact the owner of the website through of our email email@example.com, making known in the same email the discrepancy between the product received with the one with its original purchase, or damages that it has at the time of delivery. You can also do it by calling 964361000
You can return the product by delivering it to your home a courier that we will send.
We will proceed to carefully examine the returned product and we will inform you by e-mail, if it is possible to replace it with the chosen item, otherwise we will inform you according to what is detailed in the PRODUCT AVAILABILITY Clause.
We will proceed to reimburse those amounts paid for items that are returned for damages or defects, when they exist and are not attributable to the buyer, including shipping costs and the return will be made in the same way in which the purchase took place.
17. WARRANTY AND CLAIM RESOLUTION
In accordance with Royal Legislative Decree 1/2007 of November 16, durable goods are granted a legal guarantee of 2 years from the date on which the delivery becomes effective. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
For any claim regarding changes, checks or returns, proof of purchase must be presented, so we recommend that you keep it.
Unless proven otherwise, it will be understood that the products are in accordance with the contract if all the requirements expressed below are met:
• They conform to the description made by the seller and have the same qualities that the seller has shown on the web to the consumer and user in the form of a sample or model.
• Are suitable for the uses to which products of the same type are ordinarily used.
• They present the usual quality and benefits of a product of the same type that the consumer and user can expect, taking into consideration the nature of the product.
Damages and deficiencies caused by negligence and improper use shall be understood as not included.
In the event of incidents that justify the use of the guarantee, it will be decided to repair, replace the product, reduce future purchases for damage, or return, in the legally established terms.
If you want to make use of the guarantee, you should contact us by sending an email to the address firstname.lastname@example.org or by calling 964 36 1000
18. LIABILITY AND DISCLAIMER OF LIABILITY
The owner will have a limited liability to the purchase price of the articles on our website, except for what is provided in these Conditions.
Notwithstanding the foregoing, our liability will not be excluded or limited in any of these cases:
• In the event of death or personal injury caused by the negligence of this party.
• In case of fraud or misrepresentation.
• In any event in which it is illegal or unlawful for us to exclude, limit or attempt to
exclude or limit our liability.
Without prejudice to the provisions of the previous paragraph and to the extent that it is legally permitted, and unless otherwise provided in these Conditions, this party will not accept any responsibility for the following losses, regardless of their origin:
• loss of income or sales.
• loss of business.
• lost profits or loss of contracts
• loss of anticipated savings.
• data loss.
• loss of management time or office hours.
Likewise, we do not assume responsibility, given the open nature of the website, for possible errors in the storage and transmission of digital information that may occur, nor can we guarantee the accuracy and security of the information transmitted or obtained through the web, unless otherwise stated in it. In this way, all the products and their descriptions, information, and materials that appear on the website, are given as true, and without express or implied guarantees about them. Therefore, we will not be subject to any guarantee, if the law allows it, except those that this does not legitimately allow to exclude from consumers and users, thus, this clause does not affect the legal rights recognized to clients, such as consumers and users, or their right to withdraw from the contract.
19. INTELLECTUAL PROPERTY
The client accepts, consents and acknowledges that all registered trademarks and other current property rights and subject to copyright, on the goods and articles or web content that appear on the website, are owned by us or by whom we grant a license to use. Therefore, the client or user of our website or our products may only use said products and content in a way that this party expressly authorizes or when a license is granted to do so. The foregoing will be without prejudice to the fact that you can use the web page if it is necessary to copy the information about your order or contract data, if it does not have a commercial purpose whose purpose is to obtain profit from the user, selling designs or materials whose intellectual property belongs to this party.
20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
Unauthorized access to our website, the servers on which it is located or any other, as well as computers or databases related to the website is prohibited. By accepting these conditions, you agree not to commit attacks of any kind, either by blocking service and access, against our website. Likewise, you will not be able to make improper use of our page, except for the one for which this website exists. Similarly, you should not introduce viruses, Trojans or any other program or computer material harmful to our website, servers, computers, or to the security of our data.
Failure to comply with the provisions of the preceding paragraph carries penalties typified in the penal code. In accordance with this, the corresponding authorities will be notified of any known infraction of this nature, either for prosecution and criminal sanction, or to identify the attacker. Likewise, anyone who fails to comply with the provisions of the preceding paragraph will be automatically excluded from using our website.
As has been established in previous clauses, we are not responsible for damages or losses resulting from computer attacks with the aim of blocking it and preventing its operation and services, either through viruses, Trojans, or any other program or material that damages or damages your computer or computer equipment and that consequently prevents the use of our website or access to its purchase services or that causes loss of information.
21. LINKS FROM OUR WEBSITE
The links to other web pages that our web page contains are only for the purpose of information, so that we do not have any control over the content of said web links. Thus, we will not be responsible for any damage or loss arising from the use of these links.
22. WRITTEN COMMUNICATIONS
The use of our website constitutes an acceptance on your part that most of the communications or information that we send you, are in writing, in accordance with the applicable current legislation. The communications that we establish with you or that we send you, will be made by email, as well as by notices on the web. By accepting these terms and conditions, you agree to use said means for communications and acknowledge that all the information, contract or notifications sent to you by email will follow current legislation regarding the requirement that they be in writing, without prejudice to the provisions of other laws and without affecting the rights of consumers and users recognized by law.
In accordance with the provisions of the previous clause and unless otherwise stated, we may send you communications either by e-mail or to the postal address that you have provided us when you placed your order. Notifications will be considered correct when they are made to the postal or email address that you have provided us or by registered letter with acknowledgment of receipt that has not been returned to us.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract, insofar as it is binding both for the client and for us, our successors, assignees and assignees, may not be transmitted, encumbered, assigned or transferred in any other way or any of the rights and obligations derived from it, in favor of the client or for himself, without our express consent. However, it may be transmitted, assigned, encumbered or subcontracted or transferred in any other way by us, in our favor or for us, at any time the contract is in force. These transmissions, assignments or encumbrances, will not affect the rights that you may have as a consumer recognized by law or cancel, reduce or limit in any way the express or implied guarantees that we have been able to deliver.
25. EVENTS BEYOND OUR CONTROL
This party will not be responsible for possible delays or non-compliance with any of the obligations that we acquire through a contract and whose cause for non-compliance is due to force majeure.
Force majeure will include among its causes any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
• Strikes, lockouts or other industrial action.
• Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents in maritime or river transport, postal or any other type of transport.
In the cases and situations derived from force majeure cases, it will be understood that the obligations of this part derived from the contracts will be suspended while the situation of force majeure and its causes persist, thus having longer periods to fulfill our obligations regarding to what has been agreed, at least, of equal duration to that of the force majeure situation. Despite this, we will use all reasonable means at our disposal to end the force majeure situation and to be able to resume and fulfill our obligations to the client as soon as possible.
In accordance with this clause, the client accepts that our lack of requirement for the fulfillment of any or all of the obligations assumed by the client in accordance with the provisions of a contract signed by the client, or of these conditions or lack on our part of the exercise of rights or actions that may correspond to this party by virtue of the contract, these Conditions, or current legislation, in no case will it imply our tacit waiver or limitation of the exercise of the rights or actions whose exercise corresponds to us and to which we are entitled. , nor does it exonerate the client from complying with said obligations. Thus, no waiver by this party of a specific right or action will imply a waiver of them, nor will it take effect, unless it is expressly established and formalized as a waiver and said waiver is communicated to the client in writing and in accordance with the Clauses 21 and 22 of these Conditions, referring to notifications.
27. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
28. ENTIRE AGREEMENT
This clause of Terms and Conditions, as well as any document which expressly refers to them, are binding for the client as well as for this part and they prevail over all pacts or agreements or previous promises agreed between this part and the client, whether it had been in writing or verbally. In the same way, both the contracting party and us, declare that consequently we have consented to the conclusion of the contract without relying on any statement or promise made by the parties or that could be inferred from any statement or writing during the negotiation process in which the parties have intervened before agreeing to said contract, except in everything that is mentioned in these Conditions. Neither party may exercise any action regarding uncertain statements made by the other party, made verbally or in writing, prior to the contract, except in cases where such uncertain statement had been made fraudulently. The other party will only have action in cases of breach of contract reflected in these clauses of Conditions.
29. OUR RIGHT TO MODIFY THESE CONDITIONS
30. APPLICABLE LEGISLATION AND JURISDICTION
The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile