This document herein sets out the Contract General Terms and Conditions for the website www.botigaobach.com, the object of which is the buy-sale of products from Sebitus SL (hereinafter referred to as the Owners), with Tax Identification Number B-25800947 and registered address at Carrer Major , 14 - 25794 Organyà (Lleida) by those individuals or legal entities (hereinafter referred to as the contracting parties) that express a desire to purchase the products that are made available on the website www.botigaobach.com by the request sent by electronic means, in particular, by Internet via this website owned by the Owners.
These contract General Terms and Conditions are displayed, on an ongoing basis, on the website botigaobach.com, owned by the Owners, all users being able to save them, print them and, therefore, be previously informed of the conditions under which the procurement of the products (hereinafter referred to as the product) will be made.
Likewise, these General Terms and Conditions are repeated together with a summary of the specific request– specific product(s) contracted, cost with an indication of taxes, if applicable, etc. – for their express acceptance by the contracting parties – by clicking “I have read and I accept the terms and conditions” – each time a specific request is made via the webpage.
It is not technically possible for the contracting parties to finalise a request without having accepted these General Terms and Conditions. In order for the contracting parties to give their acceptance and, therefore, make the request, they must have a user account on botigaobach.com, at the time the Conditions are accepted, as well as when each order is made. When the contracting parties place an order for the first time, they will be asked to complete a form with the information required to manage the account that is created.
The contracting parties, upon accepting these terms and conditions give their express consent, without reservations, so that the Owners can carry out the necessary charging operations for the purchase of the product(s) contracted, expressly authorising Sebitus SL to make the charges by the methods of payments that they have selected and entered from the secure area activated for this purpose, in accordance with the payment services regulations.
These General Terms and Conditions, together with the specific request made by Internet by the contracting parties, also called “Specific Conditions” – make up the content of the contract between the Owners and the contracting parties that state that they have sufficient capacity to enter into the contract and have read, understood and accepted these terms and conditions. The Owners, at the time the procurement is made, in a period not exceeding twenty-four hours, will send confirmation of the order made to the email address linked to the account of the contracting parties.
The General Terms and Conditions shall be made available to the contracting parties on an ongoing basis on the website. Any subsequent modification to these General Terms and Conditions shall be clearly displayed in a place of easy access on the website botigaobach.com. All documentation mentioned above may be printed and saved by the contracting parties and can be requested at any time from the Customer Service Team by email sent to firstname.lastname@example.org; or by calling telephone number +34 973 383 424. Any request for information, or claim deemed necessary, may be made to the Customer Service Team by the means stated in the previous paragraph. The service shall acknowledge receipt of the claim filed by providing the appropriate proof of receipt – with the corresponding identification code – to the email address that must be provided to the Customer Service Team by the Client to process the claim.
By means of this contract the Owners undertake to deliver the product that has been requested via the website botigaobach.com to the contracting parties in exchange for a specific price and in accordance with the conditions established in this document. The availability of the products offered via the website may vary depending on the time of year; therefore the contracting parties must verify the availability of each product prior to making the purchase. In the event that there is no stock of a product at the time the order is made and this information has not been updated on the webpage, the Owners shall immediately contact the contracting parties to recommend a similar product or reimburse them the corresponding amount.
To be able to process an order through the website it shall be necessary to make a purchase of at least 20 euros, taxes included. The number of units that may be included in one order is limited to 70 units per order.
The Owners undertake to deliver the product in perfect condition to the address of the contracting parties stated in the order form which states the specific conditions that are attached to these General Terms and Conditions. The Owners shall not be held liable for the errors caused in the delivery when the information entered by the contracting parties in the order form does not reflect the reality or if information has been omitted.
Unless the parties agree otherwise, the Owners shall deliver the product through the transmission of its material possession or control to the contracting parties, with no undue delay and in compliance with the delivery periods stated on the website, which under no circumstances shall exceed thirty calendar days, counting from the date on which the contract is made.
The products that are offered on the website are subject to stock levels. In the event that the product requested by the contracting parties cannot be supplied as it is not available, the contracting parties shall be informed of this lack of availability before the purchase is finalised, in the product description itself and, in all cases, by email once the purchase request has been received. If not informed of this circumstance and the contracting parties have purchased a product that is no longer in stock, the amount paid shall be reimbursed without undue delay.
Under no circumstances shall the Owners be held liable in relation to:
3.2.1. The errors or delays in access by the contracting parties when entering their data in the order form, the length, impossibility of the order confirmation or any anomaly that may arise when these incidences are as a result of problems on the Internet network, in cases of unforeseen circumstances or force majeure and any other unforeseeable risk beyond the good faith of the Owners. In any case the Owners undertake to resolve the problems which may arise and offer all the necessary support to the contracting parties to find a quick and satisfactory solution to the problem.
3.2.2. The errors or harm caused by the inefficient use of the product or use in bad faith by the contracting parties.
3.2.3. The inoperability of the email address provided by the contracting parties for the order confirmation to be sent.
3.2.4. The Owners are fully responsible for the product quality, accepting the products be returned provided that these are defective or they do not reach the contracting parties in the correct condition. The contracting parties must make a claim for the return through the website in the part dedicated to this for an effective tracking of the incident to be carried out. In this case the Owners shall bear the costs incurred as a consequence of the return provided that the contracting parties communicate this fact, within a period of fourteen days counting from the delivery date and provided that the product has not been used or altered in any way. The Owners shall be exempt from all responsibility in relation to the possible breakages or defects of the product caused after the delivery. Likewise, the Owners shall not be held liable in relation to those products that have already been consumed or used, with no type of incident being filed by the contracting parties in making a claim.
The contracting parties, before signing the delivery note of the order, must check that the product has been delivered in perfect condition. If acceptance is given at the time the delivery is made, it shall be understood by both parties that the product was delivered correctly and that therefore, the possible damage was caused after the delivery.
3.2.5.- The contracting parties expressly waive their right to make a claim for any contractual or extra contractual responsibility for possible damages or losses deriving from the circumstances mentioned above in this clause. In any case, the responsibility of the Owners, if compliance with the stipulations of this agreement are not met in accordance with the terms of these General Terms and Conditions, shall be limited to the reimbursement of the amount that may have been paid by the contracting parties, and always following the prior return of the product in question by the contracting parties.
3.2.6.- The product contracted has a guarantee of conformity established by Law. If the product does not conform to the contract, the contracting parties may choose between demanding the reparation or substitution of the product or, if applicable, a discount to the price, or termination of the contract, under the legally established terms.
The contracting parties undertake to pay the amount for the product requested in the amount and method established in these Conditions.
Payment for the product requested by the contracting parties shall be the amount detailed on the website and the one which appears in the specific request of the contracting parties at the time (except in the event of a typographical error or clear mistake). The requests represent the specific conditions of the order. The product price that appears on the website is always shown in euros with taxes included.
In the event there is an error with the price of the product requested by the contracting parties, the Owners shall inform them as soon as possible and they will be given the opportunity to reconfirm the order at the correct price or cancel it. In the event that contact cannot be made with the contracting parties, the order shall be considered as cancelled and the amounts paid shall be fully reimbursed, without the right to any compensation.
The complete end price shall include: the taxes and fees, the amount of the increases or discounts which are applicable to the offer and additional costs – for example, those related to transport, methods of payment, etc.- that shall be recovered from the contracting parties, which shall be expressly accepted by the contracting parties.
Under no circumstances shall the contracting parties be billed charges that exceed the cost borne by the Owners for the use of certain methods of payment.
The Owners shall issue the corresponding invoice for the product contracted detailing all the concepts included. The contracting parties expressly agree to the invoice being sent electronically to the email address provided when processing the order. At any time the Contracting Parties may communicate their wish to receive the invoices in paper form, through written communication addressed to the Customer Service Team.
4.1.2. Methods of payment
The contracting parties must pay the amount corresponding to the product contracted through one of the payment methods/procedures available on the website. The additional costs related to the method of payment chosen must be paid and confirmed separately under the terms stated on the website.
The contracting parties who have the status as consumer, may withdraw from the contract made on botigaobach.com within a period of fourteen natural days without the need for justification, counting from the delivery date of the last products included in the contract, expect if it relates to a contract for periodical delivery of products over a specific period, in which case, the withdrawal period shall commence from the delivery date of the first good.
The procurement of the following products shall not be subject to withdrawal: products that by their nature cannot be returned due to the fact that they spoil or expire quickly (eg. fresh produce), or those that, having been sealed, have been unsealed after the delivery and are therefore not suitable for return for health and safety reasons.
To exercise the right of withdrawal, the contracting parties must send notification of their decision to withdraw from the contract by means of a clear declaration to: Sebitus SL, at Carrer Major, 14 - 25794 Organyà (Lleida), or to email@example.com, stating that they withdraw from the contract, providing the following information: order reference, date of receipt, name and surname of the contracting parties and their address. Likewise they can use the example form set out in the regulations in force on consumer and user protection. In the event the withdrawal is submitted on paper it must be duly signed by the contracting parties. To comply with the period, it shall suffice that the notification is sent before the period expires.
In the event of withdrawal by the contracting parties, the Owners shall return all payments received, including, if applicable, the delivery charges (unless additional costs are applicable as a result of a different, more expensive, method of payment being chosen by the parties than the least costly option of ordinary delivery provided by the Owners), with no undue delay. This reimbursement shall be made by using the same payment method used for the initial transaction, unless express agreement has been made to the contrary. In any case, no costs shall be incurred as a result of the reimbursement. The Owners may retain the reimbursement until the products have been received or until proof of return for these has been provided.
The contracting parties must directly return or deliver the products to the Owners: Sebitus SL, Carrer Major , 14 - 25794 Organyà (Lleida), with no undue delay and, in any case, no later than a period of fourteen calendar days counting from the date on which communication of the decision to withdraw from the contract is given. The period shall be considered complied with if the products are returned before this period has elapsed.
The contracting parties must assume the direct cost of returning the products. It is calculated that this cost should approximately amount to, as a maximum, the same amount paid for the products to be delivered.
The contracting parties are responsible for a decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functionality of the products.
In any case, the contracting parties shall be responsible for the following:
The contracting parties assume all of the risks of deterioration, impairment, damages and loss of the product from the moment from which it has been placed in their possession by the third parties, who, on behalf of the Owners, deliver the product requested.
The contracting parties undertake to check the good condition of the product before the third parties who, on behalf of the Owners, deliver the product requested. This check shall be carried out prior to the acknowledgement of receipt being signed.