GENERAL CONTRACTING CONDITIONS OF FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS)
1- OBLIGATIONS PRIOR TO THE START OF THE HIRING PROCEDURE
By means of this document (together with all the documents mentioned therein) the conditions governing the purchase of products and services on the website of the PRIVATE PRESIDENT AMAT ROUMENS FOUNDATION (TEIXIDORS) are established hereinafter, the ”Terms and Terms".
We ask you to read carefully all the “Terms and Conditions” referenced in this document, accessible through the links provided for this purpose and in the footer of all sections of the FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) website www.teixidors.com and shop.teixidors.com (hereinafter, the Web.)
All the "Terms and Conditions" could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that are applicable to you.
2.- IDENTIFICATION OF THE CONTRACTING PARTIES
These General Contracting Conditions for the products and services offered on the FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) Website are subscribed, on the one hand,
By FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) registered in the register of foundations of the Generalitat of Catalonia number 199 and legal address at C/ Campiones Olimpiques, 36 08225 de Terrassa, Barcelona, Spain.
And, on the other hand, by the Client of the final service / product (the Client) whose personal data are those that he has provided on the Website and, especially, through the form that FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) has made it available to you through the website registration, an essential requirement to be able to make any purchase.
Client is understood to be any natural or legal person who acquires, uses or enjoys any of the products or services offered by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) or through the intermediation of the Website or who registers as a Client of the Website.
By entering the Client directly all the data included in the forms contained in this Website, the Client:
(i) Accept the obligation to provide truthful, accurate and complete information about your identity and legitimacy;
(ii) He accepts and understands that the responsibility for the authenticity, accuracy, validity and veracity of the data falls directly and exclusively on himself, since FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) has no obligation to verify and does not verify the identity of the Client;
(iii) You acknowledge that you are of legal age and that you have the legal capacity and to act necessary in order to subscribe the products and/or services offered by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) or through the intermediation of FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) on the website;
(iv) Understand and accept that they are necessary for the provision of the services or for the supply of the products contracted or subscribed through the Website
In the event that the Client provides any false, inaccurate or incomplete data or if FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) has reasonable grounds to doubt their veracity, accuracy and integrity, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) may Deny access and/or present or future use of the Website or any of its contents, products and/or services.
3.- OBJECT OF THE CONTRACT
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) is a web portal whose activity consists of selling a wide variety of textile products to its Clients; shawls, scarves, plaids, bed blankets, cushion covers, rugs, among others.
The purpose of the contract is to regulate the commercial relations that arise between FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS), and the Clients who subscribe or contract the products and/or services offered by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) through the Site Web or similar platforms.
3.1.- TERMS AND CONDITIONS
The Terms and Conditions have been prepared by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) in accordance with the applicable regulations, in particular, in accordance with the provisions of Organic Law 15/1999, of December 13, on Data Protection of Personal Nature, Royal Decree 1720/2007, of December 21, which approves the Regulation of Security Measures for Automated Files containing Personal Data, Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Law 7/1996, of January 15, on the Regulation of Retail Trade and Law 3/2014, of March 27, which modifies the revised text of the Law General for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.
The contracting of any of the services and/or products offered by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) or through the intermediation of FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) on the Website means the acceptance of the Terms and Conditions without reservations by the Client.
3.3.- PRODUCTS AND SERVICES
The products and services that are currently offered from the Web are grouped into:
Sale of textile products; plaids, blankets, cushions, shawls and scarves, among others, after Customer registration at www.teixidors.com and shop.teixidors.com
Customer Service in order to provide technical support in the processes of the Website.
Notwithstanding the above relationship, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) informs that the products and/or services offered on the Website are detailed more extensively on the home page and in each section within the Website.
We have made an effort to display the colours and images of our products, in the store, with the highest possible colour accuracy. We cannot guarantee that your computer monitor will display colours accurately.
4.- AVAILABILITY OF THE PRODUCTS
All product orders are subject to availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) reserves the right to provide you with information about substitute products of equal or higher quality and value than you. you can order. If you do not wish to place an order for these substitute products, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will proceed to refund the amount paid using the payment gateway through which the Client made the payment.
Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and be subject to return or exchange according to our return policy only.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
5.- REFUSAL TO PROCESS AN ORDER
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) reserves the right to withdraw any product from the Web at any time and to remove or modify any material or content on it. FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) undertakes to do everything possible to always process all orders, but there may be exceptional circumstances that make it necessary to reject the processing of an order after having sent the Confirmation, for which we reserve the right to do so at any time, at our discretion.
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will not be responsible to you or to any third party for the fact of removing any product from the Web, regardless of whether said product has been sold or not, removing or modifying any material or content of the Web, or for refusing to process an order once we have sent you the Confirmation.
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change or cancel an order, we may attempt to notify you by contacting us via email and/or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
6.- PRICE OF MARKETED PRODUCTS AND VAT
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) indicates next to the description of each of the products, the price of the same expressed in euros.
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without prior notice.
The prices that appear next to the product description are in any case final prices and therefore include the Value Added Tax (VAT).
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 located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
The prices of the products are included next to the product sheet so they are publicly accessible (it is not necessary to be registered as a Client for consultation).
7.- BILLING AND PAYMENT
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will send the Client an email in which all the information related to the order made by the Client will be collected, including the total price and the postal address provided by the Client where the delivery will be made once this has made the corresponding payment. The payment of the price will be made through the payment platforms integrated in FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) and always under the secure SSL protocol. In any case, and in order to prove the identification, the Client must confirm that the web address of the page from which the payment is made begins with "https://."
The available payment gateways are the following: SERVIRED (VISA-MASTERCARD)
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will have the purchase as effective once it has received the corresponding confirmation from the aforementioned bank. If the purchase process is interrupted for any reason or if the amount paid does not reach the corresponding amount (including management expenses and bank commissions), FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will suspend the process informing the Client.
In the "My Account" section, the Customer will be able to view all the products purchased up to that moment; as well as, download a copy of the purchase invoices generated.
8.- CONTRACTING PROCESS
According to article 23 of Law 34/2002, of July 11, on services of the information society and electronic commerce, contracts concluded electronically such as this one, will be fully effective and are provided for by the legal system, provided that consent and other requirements for its validity concur.
These Contract Conditions are available to all FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) Clients, free of charge.
Access to the contracting process is completely free, with no additional associated costs, apart from those of the Client having an Internet connection.
Each and every one of the products offered are duly described in the product sheet that will always be available to Clients, not including those issues that were not expressly indicated in it.
It will be considered that the purchase is perfected as soon as the Client presses the button "Confirm / Pay / OK" of the corresponding payment gateway chosen by her, it being understood that the monitoring of all phases of the electronic contracting procedure and the inclusion of all the requested data implies, together with the final express acceptance of these conditions, a clear and direct indication of the final Client's willingness to accept these general contracting conditions.
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) as a provider of services of the Information Society, will store the electronic document in which this contract is formalized. Said electronic document, as well as the purchase invoice that is generated, will be accessible to the Client from the "My Account" area.
The language in which the contracting procedure will be processed and in which this contract is formalized will be, unless otherwise indicated, English.
9.- DELIVERY OF THE PRODUCT: ITS PROCEDURE
Without prejudice to what is established in clause 4 and 5 regarding the availability of the products and unless extraordinary circumstances occur, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) undertakes to do everything possible to prepare and send the order to the Client in the address indicated by this within a period of 4 working days from the moment your payment has been received.
If there has been a stock break, holidays or any circumstance for which the order should be delayed for a sufficiently reasonable period beyond 4 working days, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will contact the Client to inform him of this extreme situation.
Once the Customer has placed the order, they will receive an email with a summary of the order, another email confirming that their payment has been received correctly and another email when the order has left our workshop.
10.- IMPOSSIBILITY OR DIFFICULTIES OF DELIVERY
From the moment the order is ready for delivery, it is the Customer's responsibility to worry and do everything possible to be able to receive it.
We advise providing a preferred delivery time at the time of placing the order or directly notify FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) promptly if you detect any anomaly in the shipment.
In the case of shipments via DHL-TIPSA-UPS-SANER-MBE-NACEX, the carrier will make 2 delivery attempts. If a third delivery attempt is necessary, it will be borne by the Customer.
If the order is returned by the transport agency, the Customer must pay the shipping costs again if they want the order to be resent.
For the "store pickup" option, the Customer has a period of 30 days from the date of receipt of payment to pick it up.
11.- RIGHT OF WITHDRAWAL
In any case, to exercise the right of withdrawal, it is essential to do so by sending the form designated for this purpose.
On the merits of the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Clients and other complementary laws, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) informs Clients: The Client may exercise their right of withdrawal within a maximum period of 14 working days from the moment of receipt of the product.
Regarding the withdrawal process, the Client must meet the following conditions:
(i) The end customer must inform FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) of their willingness to exercise their right of withdrawal through the form designated for this purpose.
(ii) The Client is obliged to send the packaged product, with its corresponding seal intact and without signs of having been tampered with or opened, directly to the address that will be provided once the request has been sent through the form indicated above.
In accordance with the applicable legislation, the costs of returning the product and those arising from the exercise of the right of withdrawal will be exclusively borne by the Customer. So the reimbursed amount will be reduced by the return costs. In the event that the Client has not paid shipping costs due to having accepted a promotion (such as: free shipping costs on orders over €X), FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will deduct the effective cost of the Shipping.
(iii) In the event that FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) detects any kind of manipulation or damage, the product in question will again be sent to the Client by postal delivery against reimbursement, the latter assuming the corresponding shipping costs.
To exercise the right of withdrawal, it is essential that the Customer send the product to the address indicated in the downloadable form in the form and condition in which it was purchased without having been used and in its original packaging, so that any deterioration during transport is impossible, therefore the customer assumes all damages that may occur in it and the responsibilities that may arise from it.
If you are shipping an item over €50, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your return.
Regarding products that require their opening in order to know their correct condition, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) require the specific product to be in perfect condition with all its elements, accessories and packaging, or will be unable to proceed with returns that violate any of these requirements.
Once your return is received and inspected, we will send an email to notify you that we have received your return. We will also notify you of the approval or rejection of your refund.
(iv) Once the withdrawal request has been processed, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will pay the Customer the amount paid by the latter (without including in any case the shipping and management costs incurred) within a maximum period of 7 days from the moment of receipt of the purchased product. The payment of the referred amount to the Client will be made through the channel used by the specific Client in their initial payment.
In accordance with the provisions of article 45 of Royal Decree Law 1/2007, it will not be possible to exercise the right of withdrawal in those cases in which products purchased have been made according to the consumer's specifications or are clearly personalized, or that, due to their nature, cannot be returned.
Additional non-returnable products: Gift cards
(v) If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of the return. Once we receive the item, a gift certificate will be sent to you.
If the item was not marked as a gift when it was purchased, or the gift was sent to the buyer for delivery later, we will issue a refund to the buyer and they will know of your return.
In any case, to exercise the right of withdrawal, it is essential to do so by sending the form designated for this purpose.
The products offered by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) are original of the brand, with manufacturer's guarantee and without any defect; all of them having the legally established guarantee periods. The client must inform FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) of the lack of conformity within two months of becoming aware of said situation.
In the event that the specific product purchased has any kind of damage, the Customer may immediately contact the customer service of FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS), to indicate the procedure for returning the product. Upon receipt of said product by FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS), after verification of possible defects, it will proceed to refund all the economic amounts paid.
The return of the products will in no case imply a direct cost for the customer.
13.- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, participation in contests) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, either online, by email, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or use in any way the comments that you have submitted to us. We have and will not have any obligation to (1) keep any comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We can, but have no obligation, to monitor, edit or remove content that we consider to be illegitimate, offensive, threatening, libellous, defamatory, pornographic, obscene or objectionable or violates the intellectual property of either party or the Terms of Service.
You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or property rights. Also, you agree that your comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malware that could, in any way, affect the operation of the Service or any related website. You may not use a false email address, use another identity that is not legitimate, or deceive third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and do not assume any obligation with respect to comments posted by you or any third party.
14.- ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, transit time and the availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We do not undertake any obligation to update, correct or clarify information in the Service or on any related website, including, without limitation, pricing information, except where required by law. No updated specification or update date applied to the Service or to any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as established in the Terms of Service, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to carry out or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or of third parties; (e) to harass, abuse, insult, damage, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other sites or the Internet. We reserve the right to suspend use of the Service or any related website for violating any of the prohibited uses items.
16.- CUSTOMER SERVICE
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) makes available to users customer service, available 5 days a week, from Monday to Friday, in order to answer the complaints and questions raised in relation to the purchase of products offered.
The contact channels made available are:
- By phone: +34 937 831 199
- Email: email@example.com
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) is obliged to ensure that the content, data or information regarding the products offered on its website, be reliable, truthful and exact, being responsible for the prices and characteristics announced. However, it will not be held responsible for any information that has been entered, displayed or modified by third parties outside the provider.
All the images inserted in our platform are not contractual, so depending on the manufacturers and colour they may vary, although we always ensure that the descriptions of the products are as accurate as possible to reality.
The parties will be liable for the infringements that they may have incurred personally, leaving the opposing party harmless against any error, fault or negligence not attributable to it, and for any damage that may arise from said infringements or errors attributable to the other contracting party.
The parties undertake to comply with their legal and contractual obligations generated by virtue of this contract. If a party does not fulfil any of its obligations, or intends to impede the fulfilment by the other party of theirs, the right of the other party to claim compensation for damages caused, both for consequential damages, and for profit will be generated according to current legislation
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will not be responsible in case of unavailability of the product or impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or data provided by the Client. However, in such cases, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) will immediately contact the Client in order to find the best solution to the case.
Provided that the cases to which reference has been made are beyond the control and due diligence of the owner, there will be no compensation from FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) to the Client for lost profits, damages or losses.
18.- PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were 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.
19.- PRIVACY AND COOKIES CONDITIONS
20.- MODIFICATION OF THE GENERAL CONDITIONS OF USE, OF THE CONTRACTING CONDITIONS, OF THE PRIVACY AND COOKIES POLICY.
FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) reserves the right to modify at any time and without prior notice the entire set of conditions, terms, privacy and cookie policies to adapt them to new legislation or jurisprudence as well as modifications or practices of the industry, and the User must periodically consult these conditions, terms and policies in order to verify or make sure of the existence of modifications or changes to them, taking as reference the date of the last update.
21.- APPLICABLE LAW AND COMPETENT JURISDICTION.
Current regulations will determine the laws that should govern and the jurisdiction that must know of the relationships between FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) and the Clients. However, in those cases in which said current regulations provide for the possibility for the parties to submit to a specific jurisdiction, FUNDACIÓ PRIVADA PRESIDENT AMAT ROUMENS (TEIXIDORS) and the users, expressly waiving any other jurisdiction that may correspond to them, submit to to Spanish legislation and to the Courts and Tribunals of Terrassa, Barcelona, Spain.
You can submit claims by going to the electronic or physical address indicated in the "customer service" section. We are committed to seeking an amicable solution to the conflict.