GENERAL CONTRACT CONDITIONS

This section establishes the contracting and acquisition of the products offered through the https site.://spall.es (hereinafter “the web”), property of the PTD Spall entity, S.L. with CIF: B66298142 (hereinafter “the businessman”).

By accepting this contract, the consumer and/or user (hereinafter “the client”) accept the following:

1.- What is a person with sufficient capacity to hire. The businessman only sells to people of legal age in accordance with Spanish legislation (article 315 of the civil code).

2.- What have you read?, understands and accepts without reservation and each of the points of these general conditions.

3.- That assumes all the obligations established in this regard.

4.- That you will use this website solely and exclusively to place legally valid orders.. If it could reasonably be considered that a false or fraudulent order has been made, We will be authorized to cancel it and inform the competent authorities, in your case.

5.- That the client will provide his postal address, Email address, telephone and/or other contact information truthfully and accurately for the correct management of orders, and keep said data updated; If not, we will not be able to process your request.

The businessman does not process data corresponding to minors.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website.. Browsing the online store as well as purchasing any of the products offered therein, They imply acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contracting and use. These purchase conditions will be available to the customer at all times on the page for reading and printing and must be accepted by the customer before completing the purchase process by marking the corresponding check-box..

The employer reserves the right to modify the contractual offer, constituted by these general conditions and the list of products and their prices at any time, although these modifications will not be made with the contracts already made by the consumer and/or user previously.. For all this, It is recommended that you read it before purchasing any product offered..

1. IDENTITIES OF THE PARTIES

On one side, PTD Spall, S.L., https website owner://spall.es, with CIF: B66298142, as a supplier of the products contracted by the consumer and/or user, with registered office at C/Ireland, 24, 08303-Mataró (Barcelona) (Spain). Mail address

email orders@spall.es and telephone +34 93 536 36 01.
Besides, the client, whose purpose is to be a consumer and/or user of the same and contract the products of the web.

2. COMMUNICATION AND CONTACT

For communications purposes, The businessman makes the following means available to the client:

Email: pedidos@spall.es

Telephone: +34 93 536 36 01

Postal address: C/ Ireland, 24, 08303-Mataró (Barcelona) (Spain)

Contact and user service form through the website itself https://spall.es.

The communications made between the client and the businessman by these means will be considered effective and valid for all purposes..

3. RESPONSIBILITY

The client's

The client undertakes to make lawful use of the website and the products provided therein., respecting current legislation and refraining from harming the rights and interests of third parties and the employer.

Access and use of the website by minors is prohibited without the consent of their parents., The businessman is not responsible for the veracity and accuracy of the data filled in by the client and therefore cannot verify their age.. In the event that a minor uses this page and places an order, It will be understood that he has done so under the supervision of his parents or guardians..

The client is responsible for the veracity of the data provided to the website and is therefore responsible for any consequences that may be caused by providing false or erroneous data on this website.. It is the client's obligation to keep them updated.

The client undertakes not to carry out actions contrary to the law, the moral, public order. In addition, undertakes not to develop actions that could prevent, damage or deteriorate the normal functioning of the services or that could injure or cause damage to the property and rights of the businessman, its suppliers and users in general.

The client agrees not to enter, store or distribute through the store page any program, data, virus, code or any other electronic or physical device that is likely to cause damage to the website, in any of the services, or on any of the equipment, entrepreneur systems or networks, of any other user, from the businessman's suppliers or in general from any third party.

It is the client's obligation to diligently save the “username” and “password” provided during the registration process., in your case, assuming responsibility for any damages that may arise from improper use thereof.. The username and password are personal and non-transferable..

The client must respect and accept the general contracting conditions, and the legal and privacy notices established on this website.

Failure to comply with the above, may lead to the withdrawal or cancellation of the products and services offered by the entrepreneur without prior notice and without giving the right to any compensation., as well as, at the initiation of legal actions to which the employer has the right to resort.

From the businessman

The employer undertakes to respect the obligations established in these general contracting conditions..

The businessman uses a secure server to guarantee the privacy of data transmitted by clients using the SSL protocol. The client can verify that web browsing is secure if the padlock symbol appears and the URL begins with https.

In relation to the existence of reviews, comments, ratings or forums, The businessman undertakes to adopt appropriate and pertinent measures to guarantee the veracity and reliability of said comments or reviews from clients or users, thus avoiding fraudulent assessments., misleading or interested.

In the event that the businessman does not provide the consumer or user with information about the right of withdrawal, as established in article 97.1.j), the withdrawal period will end twelve months after the expiration date of the initial withdrawal period, determined in accordance with article 104.

Finally, in the event that the businessman produces and markets his own products, must guarantee the existence of repair parts and technical service during 10 years.

For any information or to resolve doubts, The client will have the form established for this purpose on the website itself or by telephone +34 935363601, or via email to the email address info@spall.es, indicating the order number or establishing your query.

4. LANGUAGE

The language in which the relationship with the client is perfected will be the Spanish language and communication with clients and users will be carried out in said language..

5. OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the existing relationship between the businessman and the client., at the time he gives his consent during the contracting process by accepting the corresponding box.

The contractual sales relationship involves the delivery of one or more contracted products in exchange for a specific price., in order to both provide information about the products offered, how to allow their acquisition through the portal.

Orders placed on the Internet through the website entail contractual data between the customer and the store that will be confirmed and compiled by both parties before shipping or carrying out any activity related to the purchased product.. The client declares that he knows and accepts these general conditions of sale., before confirming your orders. Confirmation of an order implies, therefore, acceptance of these general conditions.

Unless proven otherwise, The data recorded by the store constitutes proof of the set of transactions carried out between the businessman and his clients..

6. RECRUITMENT PROCEDURE

To be able to purchase the products offered through the website, the client can access through his account (option: Are you already a customer?), if you had previously registered, by entering your email and password provided during the registration process, or place your order without being registered. In any case, The client must provide the information necessary for the contract, data that will be true in any case, accurate and complete information about their identity and of which the client will consent to their treatment by accepting the privacy policy of the businessman. Refusal to provide the mandatory qualified data will mean the non-provision or impossibility of accessing the service for which they were requested..

To proceed with the purchase of products, the customer must add the desired product to the cart, according to the indications indicated on the screen, by completing the order form provided and validating it. The steps to follow will be:

1º Select the dishes on the website and click on “Add to cart”.

2º The selected products and the total price will appear in the cart (Shipping costs and tax breakdown will be calculated at checkout).

3º By clicking on “Finish purchase”, The delivery address will be requested if you are not a registered user or, to be, if you have not logged in to the website previously (through option: Calculate shipping).

4º Clicking on "Calculate shipping", The customer will be informed of the shipping costs associated with the acquisition of the products before completing the purchase and order validation process..

The validation of the order by the client expressly implies knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract., for which you will have to mark the corresponding check-box.

7. ELECTRONIC BILL

The client will have the right to receive the invoice in paper.

However, The store offers you the possibility of receiving the invoice in electronic format by sending it to the email address indicated by the customer or by downloading it from your private area enabled on the website.. To do so, you must give your express consent through communication addressed to: pedidos@stall.es

Once registered in the electronic invoice service, the customer will no longer receive the regular printed invoice. The client may withdraw at any time and return to the ordinary paper billing regime., through communication directed to the store.

8. PRODUCTS OFFERED

The products included in the store will correspond as closely as possible to the products offered. The employer reserves the right to decide, in every moment, the products offered to customers, being able to decide, whenever, add products to those currently offered or stop offering, without prior notice, any of the products offered.

Since it is electronic commerce, stock is updated online, so it could happen that, possibly, stock runs out during the purchasing process, not being able to continue with the started sale. In the event of a stock problem or specific unavailability of an item, The businessman will contact the client to inform him and give him a new delivery time or, if it is not possible to serve you said product, proceed with its cancellation or you will be offered a product with similar characteristics that has the same or even higher quality without implying an increase in price. Nevertheless, There may be a delay in the delivery of the products for reasons beyond the control of the businessman..

The main characteristics of each product are described in their corresponding sheets or sections. (characteristics, precio, offers, discounts, etc.).

9. PRICE AND PERIOD OF VALIDITY OF THE PRODUCTS

The price of each product is reflected in the current catalog and on our website. Offers or discounts will be duly marked and identified as such, conveniently indicating the previous price and the current price of the offer.

Prices will be expressed in Euro currency (€) and include VAT and/or any other applicable taxes, unless otherwise indicated. Prices will be governed by our current rate, except typographical error, The employer reserves the right to modify them without prior notice.. The businessman undertakes not to allow any transaction that is illegal., or is considered fraudulent and reserves the right to cancel or reject any order from a customer with whom it has a dispute regarding the payment of a previous order..

VAT tax rates may vary depending on the destination country and the currency applied.

The price per unit of measurement will be indicated in:

a) All products that must carry an indication of the quantity to whose magnitude must refer.

b) Products sold by units or pieces, In this case, one is used as a reference for the unit..

“Price per unit of measurement” is understood as the final price, including VAT and all other applicable taxes, for a kilogram, a liter, one meter, one square meter or one cubic meter of the product or one unit of products, taking into account that only one unit of measurement can be used for each product category.

The client accepts that the economic valuation of some of the products may vary in real time.. Due, The price to be applied will be the one in force on the date of placing the order.. Nevertheless, Said final price will be communicated to the client in the electronic purchase process in advance and before he proceeds to formalize his acceptance of the purchase..

At the prices indicated on the products, unless expressly stated otherwise, shipping costs are not included, shipping insurance or any other additional services and annexes to the purchased service.

The client will be able to check and calculate the total price of the service with the exact breakdowns before proceeding to formalize the payment in the purchase process enabled on the website..

10. METHODS AND FORMS OF PAYMENT

The entrepreneur uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all this in order to prevent unauthorized access to data. To achieve these ends, The client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

Any contracting process or process that involves the introduction of personal data (name, Bank data, addresses) They will always be transmitted through a secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.

The customer may pay the amount of their order by choosing any of the following payment methods:

• Payment by credit or debit card

It is done through the banking entity that has high security systems and accepts the main credit and debit cards.: Visa, Mastercard, 4B, Maestro, Servired, Euro 6000, etc. This payment method does not entail any additional cost for the client..

When you select “card payment” the screen will appear indicating the reference of your order and the total amount to pay. On this encrypted screen you must enter your card details, that will only be known by your bank. Payment immediately accepted, The businessman receives it and we begin the preparation of his order. The businessman will be the only one who will have proof that he has made the payment.

The order confirmation sent by the businessman is not an invoice but rather a proof of purchase.

• Direct bank transfer

When choosing the payment option and completing the purchase process, an account number is indicated to which the transfer can be made.. Besides, The customer will receive an email with the order confirmation where an order code and the account number in which they must make the deposit appear.. The concept will indicate the order number or the name and surname of the client.. Once the transfer is made, The shipment will be made after checking the same, Therefore, we recommend sending proof of payment to info@stall.es, to expedite shipping.

Transfer payments must be formalized within a maximum period of 72 hours after placing the order. This deadline has passed, the order is canceled. When the order is finished, The bank account where the payment must be made will appear in the order confirmation email..

• Paypal

11. SHIPPING COSTS

Shipping costs may vary depending on the location to which it is sent and the amount of the basket.. The customer will be able to check the breakdown of the order and shipping costs at any time on their screen as well as on the purchase invoice..

Shipping costs may vary depending on the location to which it is sent and the amount of the purchase.. These calculations will be carried out automatically by the shopping cart without the need for intervention by the customer..

12. PRODUCT DELIVERY TIMES

13. RIGHT OF WITHDRAWAL

The client (based on your status as a consumer and/or user) will have a period of 14 calendar days counted from the date of receipt of the product for its return without having to indicate the reason and without incurring any cost, that is to say, counting from the moment in which the client or a third party indicated by him, other than the carrier, acquired material possession of the assets. In the event that in the same order the customer had purchased multiple products that had been delivered separately, The withdrawal period will expire at 14 calendar days from the day on which the client or a third party indicated by him, other than the carrier, received the last of those products, except in the case of contracts concluded in the context of unsolicited visits by the entrepreneur to the consumer's home, or excursions organized by the businessman with the purpose of promoting or selling goods or services, In this case the withdrawal period will be 30 natural days.

To exercise the right of withdrawal, You must notify the businessman of your decision to withdraw from the purchase and sale contract through an unequivocal statement., by sending an email to orders@spall.es or calling +34 935363601 indicating the reason for the return. The businessman will immediately communicate to the customer the acknowledgment of receipt of said withdrawal and will indicate the procedure for sending the product back.. This right will also be considered validly exercised through the return of the products received.. You can use the model withdrawal form below, although it is not mandatory.

Withdrawal form template:
– For the attention of PTD Spall, S.L., Ireland Street, 34, 08303-Mataró (Barcelona) (Spain),

pedidos@spall.es.
– I hereby inform you that I withdraw from my contract of sale of the following good [____] – Received on [____]
– Consumer and user name [____]
– Address of the consumer and user [____]
– Signature of the consumer and user (only if this form is submitted on paper)
– Communication date [____]

To meet the withdrawal period, It is enough for the communication regarding the exercise of this right by the consumer and/or user to be sent before the corresponding period expires..

Consequences of withdrawal:

In case of withdrawal by the client, the businessman will return all payments received, including delivery costs (with the exception of additional expenses resulting from your choice of a delivery method other than the least expensive ordinary delivery method offered by the businessman.) without any undue delay and, in any case, later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

The businessman will proceed to make said refund using the same payment method used by the client for the initial transaction., unless the client has agreed otherwise; in any case, You will not incur any costs as a result of the refund. The businessman may withhold the reimbursement until he has received the goods., or until the customer has presented proof of their return, depending on which condition is met first.

The client must return or deliver the goods directly to the businessman., without any undue delay and, in any case, no later than the period of 14 calendar days from the date on which you communicated your decision to withdraw from the purchase and sale contract. The deadline will be considered met if the customer returns the goods before said deadline has expired..

It is expressly reported that the customer will have to pay the shipping costs for returning the goods when they exercise their right of withdrawal..

The client will be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, the characteristics and operation of the goods, that is to say, that the item must not have been used beyond opening it for testing or suffered any damage.

Article 103 of the Royal Legislative Decree 1/2007, of 16 of November, which approves the consolidated text of the General Law for the Defense of Consumers and Users, establishes exceptions to the consumer's right of withdrawal:

a) The provision of services, once the service has been fully executed, and if the contract imposes a payment obligation on the consumer or user, when the execution has started, with prior express consent of the consumer and user and with their recognition that they are aware that, once the employer has fully executed the contract, you will have lost your right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.

c) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.

f) The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed upon at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.

h) Contracts in which the consumer and user have specifically requested the businessman to visit them to carry out urgent repair or maintenance operations; and, on that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, The right of withdrawal must apply to said additional services or goods..

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) Daily press supply, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded through public auctions.

l) The provision of accommodation services for purposes other than housing, transportation of goods, rent a car, food or services related to leisure activities, whether the contracts provide for a specific performance date or period.

m) The provision of digital content that is not provided on a physical medium when performance has begun and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

1.o The consumer or user has given prior consent to start the execution during the period of the right of withdrawal.

2.or The consumer or user has expressed knowledge that, consequently, you lose your right of withdrawal; y

3.o The entrepreneur has provided confirmation in accordance with article 98.7 or to section 99.2.”

14. CANCELLATION OF ORDERS:

If the cancellation occurs before the merchandise leaves our store, The customer will have no additional cost and the order will be canceled immediately.. If the merchandise had already left for its destination, The customer will be responsible for the return shipping costs..

15. APPLICABLE GUARANTEES

The contractual guarantee offered is the one established in the Royal Legislative Decree 1/2007, of 16 of November, which approves the consolidated text of the General Law for the Defense of Consumers and Users. In the case of a contract for the sale of goods or the supply of digital content or services provided in a single act or in a series of individual acts, The entrepreneur will be responsible for any lack of conformity that exists at the time of delivery or supply and manifests within a period of three years from delivery in the case of goods or two years in the case of digital content or services., without prejudice to the provisions of the article 115 ter, apart 2, letters a) y b).

The businessman will respond to the consumer or user for any lack of conformity that exists at the time of delivery of the good., digital content or service, the consumer or user may, by a simple statement, require the employer to remedy said lack of conformity, price reduction or termination of contract. In any of these cases, the consumer or user may demand, besides, compensation for damages, we proceed.

The consumer or user will have the right to suspend payment of any pending part of the price of the good or the digital content or service acquired until the businessman complies with the obligations established in this title.. When, as a result of a violation of third party rights, in particular intellectual property rights, the use of goods or digital content or services is prevented or limited, The consumer or user may also demand, in the event of lack of conformity, the corrective measures previously indicated, unless a law establishes in those cases the termination or nullity of the contract.

If the good does not comply with the contract, to bring it into compliance, The consumer or user will have the right to choose between repair or replacement, unless one of these two options is impossible or, compared to the other corrective measure, entails disproportionate costs for the employer. If the digital content or services do not comply with the contract, The consumer or user will have the right to demand that they be brought into compliance. The entrepreneur may refuse to bring the goods or digital content or services into compliance when it is impossible or involves disproportionate costs., taking into account all the circumstances.

Corrective measures to bring into compliance will be free of charge for the consumer or user., They must be carried out within a reasonable period from the moment in which the entrepreneur has been informed by the consumer or user of the lack of conformity and

They must be carried out without major inconveniences for the consumer or user..

When the repair or replacement of the good is appropriate, The consumer or user will make it available to the businessman and this, in your case, will recover the replaced good at its expense in the way that generates the least inconvenience for the consumer or user depending on the type of good.. When a repair requires the removal of goods that have been installed in a manner consistent with their nature and purpose before the lack of conformity or, when they are replaced, The obligation to repair or replace them will include the removal of non-conforming ones and the installation of the replaced or repaired goods., or the assumption of the costs of such withdrawal and installation on account of the employer. The consumer or user will not be responsible for any payment for the normal use of the replaced goods during the period prior to their replacement..

In the event that the return is motivated by defects in the merchandise or error in shipping, you must call +34 935363601 or write an email to orders@spall.es to notify us of this fact and have us change the product at no shipping cost to you.. If upon receiving the package you notice that it is damaged due to transportation, You must indicate it on the delivery note that the carrier gives you and contact by phone +34 935363601 or in the email orders@spall.es, in the 24 hours following receipt, so that the employer can make the timely claim. If you prefer to cancel the order, The amount of the value of the product plus shipping costs will be paid. No return costs will be paid for these reasons..

16. FORCE MAJEURE

None of the contracting parties will have any responsibility for any type of failure due to a major cause or non-compliance with these conditions due to unforeseen or unforeseen circumstances., like random acts, guerra, terrorism, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or lack of transportation facilities, made out of fuel, of energy, of labor or materials. The completion of the contract will be postponed until the termination of the force majeure situation.

17. COMPLAINT FORMS

In the direction Camí de Ca La Madrona, 30, 08304-Mataró (Barcelona) (Spain), the client has complaint forms at his disposal, in accordance with the competent regulations on this matter. Notwithstanding the above, The client may in any case, request the sending of the same through the contact form established for this purpose on the website or to the email address ventas@spall.es, the customer service form.

18. JURISDICTION AND APPLICABLE LAW

These General Conditions are governed by Spanish law. The parties submit, your choice, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the domicile of the user and/or consumer. In the case of a sale carried out by a natural or legal person acting within the framework of their business activity, commercial, trade or profession, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Mataró (Barcelona, Spain).

19. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM

We inform you that in the event of any problem that may arise from the contracted service or product sold, you can use the European online dispute resolution platform

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES.