TERMS AND CONDITIONS
A. GENERAL INFORMATION
The ownership of this website, capdeball.com (hereinafter website) is held by: Cap de Ball S.L., provided with C.I.F .: B-55533350 and registered in the Commercial Registry; And the contact details are: c / Adrià de Utrecht, 1 – Tortosa – capdeball@capdeball.com.
This document (as well as all the other documents mentioned here) regulates the conditions governing the use of this Website (capdeball.com.) And the purchase or acquisition of products and / or services therein (in hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that capdeball.com develops through the Website includes:
The reservation and payment of the products.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of use, including, the cookie policy, and the privacy and data protection of capdeball.com.
By using this website or by making and / or requesting the purchase of a product and / or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, whereby if he does not agree with all this, you do not have to use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting each time they access, browse and / or use the Website, since those that are in force at the time the purchase of products and / or services is requested.
For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
B. THE USER
Access, navigation and use of the Website, confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), by which, from the beginning of browsing the website, all are accepted. the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User assumes her responsibility for a correct use of the Website. This responsibility will extend to:
Use this website only for legally valid inquiries and purchases or acquisitions.
Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities would be informed.
Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and general conditions of use). A link must be added on the corresponding page.
The user declares to be over 18 years of age and have the legal capacity to accept contracts through this Website.
The website is mainly aimed at Users residing in Spain. Capdeball.com ensures that the website complies with the laws of other countries, in whole or in part. Capdeball.com declines any responsibility that may derive from this access, nor does it guarantee shipments or the provision of services outside of Spain.
The User may formalize, at his choice, with capdeball.com the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
C. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They will have to follow the online purchase and / or acquisition procedure of capdeball.com, during which various products and / or services can be selected and added to the final shopping cart or space and, finally, click on: “PAYMENT WITH CARD “or” PAYMENT WITH BIZUM “.
Likewise, the User will have to fill in and / or check the information that is requested at each step, but, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that capdeball.com has received their order or purchase request and / or service provision, that is, the order confirmation. And, if this is the case, you will also be informed by email when your purchase is confirmed. If this is the case, this information could also be made available to the User through their personal connection space to the Website.
The User can obtain their invoice, requesting it by email to capdeball@capdeball.com
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, if applicable, image of this on their website. Website, indicating, by way of example, but not exhaustively, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions made to the website could be filed and kept in the computerized records of capdeball.com to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security. and the current laws and regulations that apply in this regard, and particularly in accordance with the LOPDGDD and the rights that Users are entitled to in accordance with the privacy policy of this website (Legal Notice and general conditions of use).
D. AVAILABILITY
All purchase orders received by capdeball.com intermediating the website are subject to the availability of the products and / or the fact that no circumstance or force majeure (clause H of these Conditions) affects the supply of the same and / or or to the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, capdeball.com undertakes to contact the User and refund any amount that may have been paid as an amount. This is also applicable in cases in which the provision of a service would be unfeasible.
E. PRICES AND PAYMENT
The prices displayed on the Website are final, in euros (€) and include taxes, except that by legal requirement, especially regarding VAT, a different matter is indicated and applied.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card or Bizum.
Credit cards will be subject to checks and authorizations by the issuing bank, if the entity does not authorize payment, capdeball.com will not be responsible for any delay or failure to deliver and may not formalize any contract with the User .
In any case, by clicking on “MAKE PAYMENT WITH A CARD” or “MAKE A PAYMENT WITHsBIZUM”, the User confirms that the payment method used is his or that, if it is chosen, he is the legitimate holder of the gift card or the subscription card.
F. TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that in the event that he detects that an error has occurred when entering the necessary data to process the purchase request on the Website, he may modify them by contacting capdeball.com through the spaces provided contact enabled on the Website, and, if necessary, through those enabled to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be amended by the User through their personal connection space to the Website.
In any case, the User, before clicking “MAKE PAYMENT BY CARD” or “MAKE PAYMENT BY BIZUM”, has access in the “basket” space where their purchase requests are written down and can make modifications.
In the same way, the User is referred to consult the Legal Notice and General Conditions of Use to request more information on how to exercise their right of rectification according to what is established by Organic Law 15/1999, of December 13, on data protection of personal character.
G. RETURNS
In cases where the User purchases products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from this purchase according to Law 3/2014, of March 27 (https://www.boe.es/boe_catalan /days/2014/03/28/pdfs/boe-a-2014-3329-c.pdf). Although, as an exception, there will be no right of abandonment (among others) in products that can spoil quickly, are sealed and are not suitable for return for health or hygiene reasons or that have been unsealed afterwards. Of the delivery.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this website, in the legally established terms for each type of product.
In this sense, it is understood that the products are in accordance with the contract provided that: they comply with the description made by capdeball.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 from it.
H. DISCLAIMER OF LIABILITY
Except for legal provisions to the contrary, capdeball.com will not accept any responsibility for the following losses, regardless of their origin:
● capdeball.com applies all measures concerning providing a faithful display of the product to the website, but is not responsible for the smallest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used or others of this nature.
● Technical errors that, due to fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the servei.capdeball.com have all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of services or products However, it is exempt from liability for causes that are not attributable to it, fortuitous event or rather greater.
● In general, capdeball.com will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force higher.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and capdeball.com will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure.
capdeball.com will use all reasonable means to find a solution that allows us to fulfill our obligations and the cause of force majeure.
I. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this website, the User agrees that the majority of communications with capdeball.com are electronic (email or notices published on the website).
For contractual purposes, the User * consenteix to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that capdeball.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The user can send notifications and / or communicate with capdeball.com through the contact details provided in these Conditions and, if necessary, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, capdeball.com may contact and / or notify the User by email at the postal address provided.
J. DISCLAIMER
No waiver of capdeball.com to a specific right or legal action or the lack of requirement by capdeball.com of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor does it exempt the User from the performance of his obligations.
No waiver of capdeball.com to any of these Conditions or to the rights or actions derived from a contract takes effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
K. NULLITY
If any of these Conditions are declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by this declaration of nullity.
L. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and capdeball.com in relation to the object of sale and they replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.
The User and capdeball.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
M. DATA PROTECTION
The information or personal data that the User provides to capdeball.com in the course of a transaction on the Website, will be treated in accordance with that established by 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 this information and data and declares that all the information or data provided is true.
N. APPLICABLE LAW AND JURISDICTION
For the resolution of all controversies or issues related to this website or the activities carried out on it, Spanish legislation will apply, to which the parties expressly submit, they feel competent to resolve all disputes arising or related to its use the Courts and Tribunals closest to TORTOSA.
O. COMPLAINTS AND CLAIMS
The user can send their complaints, claims or any other comments they wish to make to capdeball.com through the contact details provided at the beginning of these Conditions (General Information).
In addition, capdeball.com has official complaint forms available to consumers and users, and that they can request from capdeball.com at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the formalization of this purchase contract between capdeball.com and the User, the User as a consumer can request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and Council of May 21, 2013, on the resolution of online consumer disputes. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
