These general conditions govern the purchase of products offered through the website www.soliserena.cat owned by Eduard Pla Mestras, with NIF 45829731T, domiciled at C/ Provincial 151, 17244 Cassà de la Selva; trade name “Sol i Serena Productes” and email: info@soliserena.cat, phone +34 668526984; hereinafter “THE COMPANY”.
In this document, we will refer to the “CLIENT,” who is the natural person who purchases the product offered through the website and “THE COMPANY,” which is us.
The products are purchased directly from THE COMPANY, who acts as a direct seller, therefore, the sales contract for the products is made between the CLIENT and THE COMPANY.
The CLIENT must read and accept these General Conditions and the information on the products they wish to purchase before proceeding with the purchase. This acceptance will be expressly made by clicking the box “I have read and accept the terms and conditions” that will appear during the purchase process. By doing so, the CLIENT confirms that they are of legal age and have the legal capacity to purchase the products offered by THE COMPANY.
At the moment of formalizing the purchase, it will be understood as perfected by law and from this instant the prices and conditions will have a contractual nature, so they can only be modified by the express agreement of the contracting parties.
The electronic document in which the contract is formalized will be archived by THE COMPANY for one year, and the CLIENT may obtain a copy during this period.
1.- CLIENT’S OBLIGATIONS
The CLIENT agrees for all purposes to use the website and, if applicable, to purchase the products offered by THE COMPANY in accordance with the law and what is established in these general conditions, being absolutely prohibited the access to the web and the purchase of its products by minors.
THE COMPANY reserves the right to remove from the website any comments or opinions from CLIENTS that are contrary to current legislation, especially in cases that violate the fundamental rights and freedoms of individuals.
2.- PRICE LIST
All prices shown in the list of our products include taxes. In the final purchase summary, the final price of the same appears, indicating the amount corresponding to the applicable taxes.
The prices shown on www.soliserena.cat may be reviewed and modified if conditions require it at any time.
3.- PURCHASE PROCEDURE AND PAYMENT METHODS FOR PRODUCTS
The CLIENT will select on the website the products they wish to purchase and the quantity or number of units.
The CLIENT must register on the website form to process the order, and during the purchase process, they must expressly accept these Contract Conditions. The CLIENT will be shown a summary of the products they wish to purchase and their price, allowing the CLIENT to make any changes they deem appropriate before choosing the payment method.
- a) Payment by bank card
The CLIENT must enter the credit card details with which they will make the payment and accept the payment.
The virtual POS is a device prepared to work in a completely secure manner within the internet sales operation. All transactions carried out through the Virtual POS will have all the guarantees of security, confidentiality, and integrity for the participating agents: cardholders, their issuing entities, and our commerce.
The transactions will be carried out in real-time, so the operation authorization is communicated to the trade and the CLIENT at the moment. Subsequently, the amount is credited to the trade’s account. This system incorporates the latest e-commerce protocols developed by VISA and MasterCard, which are 3D Secure (Verified by Visa) and SPA / UCAF. These protocols allow identifying the buyer who uses their card as a payment method in a virtual store.
This merchant agrees not to allow any transaction that is illegal or is considered by credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or influence them negatively. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not fully compliant with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. Additionally, the following activities are also explicitly prohibited:
“Sale of alcoholic beverages to minors under 18 years”.
THE COMPANY will send an email to the CLIENT justifying the receipt and confirmation of the purchase made within twenty-four (24) hours following receipt of the order formalization. The contract will not be considered perfected until THE COMPANY receives the payment of the product prices.
If the CLIENT wants an invoice, they can request it by email from THE COMPANY.
The CLIENT will be responsible for the veracity of the personal data provided to THE COMPANY, and in particular, they are responsible for the credit or debit cards they use being their property and having sufficient funds to cover the cost of the products they wish to purchase. THE COMPANY reserves the right to cancel the sale in case of non-payment, return of payment, denied card, or false data, or in case the card data cannot be verified. Likewise, the CLIENT must notify THE COMPANY via email of any undue or fraudulent charge on the card used for purchases on the website as soon as they become aware, so that THE COMPANY can act accordingly.
4.- SHIPPING AND DELIVERY TIME OF PRODUCTS
Shipments will NOT be made to the Canary Islands, Ceuta, Melilla, or PO boxes.
Orders will be delivered by the carrier within approximately 5 business days in standard shipping.
During vacation periods, duly announced on the website, no shipments will be made. Orders received will be sent on the first business day.
Rates:
The prices applied for transport when making the purchase are added at the end of the order.
5.- WARRANTY
CLIENTS of www.soliserena.cat benefit from the warranty given by the different producers of each of the items.
6.- RIGHT OF WITHDRAWAL
In accordance with Articles 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the CLIENT who has the status of consumer or customer in accordance with the definition established in Article 3 of the Royal Legislative Decree, may withdraw from the purchase made for any reason, within 14 calendar days from the receipt of the product. However, this right is not applicable when the products purchased have been unsealed, or they are products that may deteriorate or expire quickly, all in accordance with Art. 103. d) and e) of the aforementioned General Law for the Defense of Consumers and Users.
To exercise the right of withdrawal, the CLIENT must notify us of their decision to withdraw from the contract through an unequivocal statement that they can send us by postal mail or email, to the addresses listed at the beginning of these general conditions.
If desired, you can use the following form:
Withdrawal form
(Only fill out and send this form if you wish to withdraw from the contract)
– To the attention of www.soliserena.cat, C/ Provincial, 151, 17244 Cassà de la Selva; email info@soliserena.cat
– I hereby inform you that I withdraw from my contract of sale of the following good: _______________________________________________________________________
– Order No. _______________________, placed on: ____________________
– Name and surname: __________________________________________________________
– Address: ____________________________________________________________________
– Signature (only if this form is presented on paper)
– Date: _____________________
THE COMPANY only accepts returns that meet the following conditions:
- The product and packaging must be in perfect condition.
- The shipment must be made with the same box in which the order was received. If it cannot be done with the original box, the CLIENT must return it in a box that guarantees the protection of the content so that it arrives at THE COMPANY in good condition, otherwise THE COMPANY reserves the right to reject the return.
- A copy of the invoice/delivery note must be included inside the package, indicating the returned products.
The product must be returned to THE COMPANY at its address listed at the beginning of these general conditions. The return shipping costs will be borne by the CLIENT, who can freely choose the company they prefer for the transport of the item and, if desired, can calculate this cost here:
- http://www.correos.es/ss/Satellite/site/pagina-calculador_tarifas/sidioma=es_ES
- http://www.seur.com/es/particulares/tarifas/envio-online/
- https://www.gls-spain.es/es/calculador-envio/
- https://www.genei.es/ (rate comparator)
Once the product is received and verified that it is in perfect condition, the refund of the amount will be processed, which will be made within a maximum period of 14 calendar days from the date the CLIENT communicated the intention to withdraw and using the same payment method that the CLIENT chose
at the time of placing the order. Until the returned items are received, THE COMPANY may withhold the refund.
7.- RETURNS
If at the time of delivery it is visibly and clearly apparent, without the need to manipulate the shipping packages or the product itself, that a product has defects caused by damage during transport or it is visibly apparent in the same way, an error in the received goods, the CLIENT must notify THE COMPANY, at its email address listed at the beginning of these general conditions, within 24 hours following receipt of the order, to request the return of the affected product or products and thereby the replacement with a new one or the refund of the price paid for the same.
The above is without prejudice to the provisions of the mandatory legislation on consumer protection.
8.- CUSTOMER SERVICE
For any communication, incident, or claim, the CLIENT can send a communication to THE COMPANY at its email address.
9.- NULLITY OF THE CLAUSES
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that clause or the part of it that is null or ineffective, subsisting the rest of the general conditions.
10.- NOTIFICATIONS
Any notification or requirement that the parties must make in relation to the contracting of products or with these General Conditions must be made in writing and will be considered duly made if sent to the email address that each party may indicate to the other for these purposes.
11.- APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions will be governed and interpreted in accordance with the Laws of Spain.
Any dispute that arises in the application or interpretation of these conditions, as well as the existing contracts between the parties, will be resolved in the courts of the city of Girona, Spain, which will have exclusive jurisdiction over any other jurisdiction, except that the client is a consumer or user, in which case the General Law for the Defense of Consumers and Users will apply.
12.- INFORMATION ON DISPUTE RESOLUTION
Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
THE COMPANY reserves the right to make changes at any time on our website, as well as in these General Conditions. Changes to essential elements will not affect contracts already stipulated unless the CLIENT has expressly accepted the modified conditions.