General contracting conditions – Products

Introduction

This contractual document shall govern the General contracting conditions for products (henceforth, “Conditions”) through the website https://www.shoppingriu.com, owned by ASOC. SANTA EULÀRIA EMPRESARIAL under the trade name SHOPPING RIU, henceforth the PROVIDER, whose contact data is also listed in the Legal Notice of this Website.

These conditions will remain published on the website available to the USER in order to reproduce them and save them as confirmation of the contract, they can be modified at any point by ASOC. SANTA EULÀRIA EMPRESARIAL. It is the responsibility of the USER to read them regularly, as those which are in force at the time of making the order shall apply. ASOC. SANTA EULÀRIA EMPRESARIAL will file the electronic document where the purchase is formalised and will make it available to the USER if the latter requests it.

The contract will not be subject to any formality except for the cases expressly outlined in the Civil and Commercial Codes and in this or in other special laws.

Acceptance of this document implies that the USER:

• Has read and understood what is outlined here.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations outlined here.

These conditions will have an indefinite validity period and will apply to all the contracting carried out through the website of the PROVIDER.

The PROVIDER states that the business is responsible and aware of the legislation in force in the countries to which it sends products, and it reserves the rights to unilaterally change the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the products contracted by the USER is ASOC. SANTA EULÀRIA EMPRESARIAL, with business address at Club Náutico – Puerto Deportivo, no number, – 07840 Santa Eulalia des Riu (Balearic Islands), Tax Identification Number G57428385 and customer service telephone number 971330555.

And on the other, the USER, registered on the website through a username and password, for whose use and safekeeping they have full responsibility, and they are responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual purchase relationship created between the PROVIDER and the USER at the point when the latter accepts the corresponding checkbox during the online contracting process.

The contractual purchase relationship entails the delivery, in exchange for a specific price that is publicly indicated on the website, of a specific product.

Rectification of data
When the USER identifies errors in data published on the website or in documents generated through the contractual relationship, they can report them to the email address info@shoppingriu.com so that ASOC SANTA EULARIA EMPRESARIA can correct them as soon as possible.

The USER can keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or be an emancipated minor and register through the website through the creation of a user account. To this end, the USER must freely and voluntarily provide the personal data requested from them, which will be processed in compliance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data and outlined in the Legal Notice and in the Privacy Policy of this website.

The USER shall select a username and password, they undertake to use them diligently and to not disclose them to third parties, and to also inform the PROVIDER of the loss or theft of them or of possible access by an unauthorised third party, in order for the PROVIDER to immediately block their account.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information society services and electronic commerce (LSSICE), the contracting procedure will adhere to the following steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. General conditions of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, costs and discounts.
11. Shopping process
12. Separation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSESUnless expressly stipulated in writing, making an order from the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any orders until it has confirmed that payment has been made.
Goods will normally be shipped through EXPRESS COURIER SERVICE (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely chosen by the USER.

Shipping will be carried out once the availability of the goods has been confirmed and payment for the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination and payment method selected. The scheduled shipping and delivery dates will be supplied prior to confirmation of the order.

Lack of implementation of the distance contract

If it is not possible to implement the contract because the product or service contracted is not available in the scheduled time, the USER will be informed of the lack of availability and that they will be entitled to cancel the order and receive the refund of the total amount paid at no extra cost, and without this resulting in any liability for damages attributable to the PROVIDER.

In the event of an unjustified delay by the PROVIDER with regard to the refund of the total amount, the USER can claim the payment of double the amount owed, without prejudice to their right to indemnification for the damages suffered that exceed that amount.

The PROVIDER shall not assume any liability when the delivery of the product or service is not carried out because the data provided by the USER is false, inaccurate or incomplete.

Delivery will be considered to have been made at the point that the carrier has provided the products to the USER, and the latter or a person designated by them, has signed the delivery receipt document.
The PROVIDER will be liable to the USER for any nonconformity at the time of delivery of the order, and through a simple declaration the USER can request the rectification of this nonconformity, a price reduction or the termination of the contract. In any of these cases the USER can also request compensation for damages, if applicable.

The USER will have the right to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER meets the obligations established in this contract.
The USER is responsible for checking the products upon receipt and outlining all reservations and claims that may be justified in the delivery receipt document.

If the contracting does not entail the physical delivery of any product, but rather the activation of a download on a website, the PROVIDER will provide information beforehand to the USER regarding the procedure to follow to carry out the download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://www.shoppingriu.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days starting on the date of receipt of the product or following the conclusion of the sales contract if it was the provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty to provide information and documentation about the right of withdrawal, the period for exercising it will end twelve months after the expiry date of the initial withdrawal period (article 103 of Royal Decree-Law 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other implementing laws).
The right of withdrawal will not apply (art. 103 Royal Decree-Law 1/2007, of 16 November) to contracts that refer to:
a) The provision of services, once the service has been completely implemented, when the implementation has begun, with the express prior consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been completely implemented by the trader, they will have lost their right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the trader cannot control and that may occur during the withdrawal period.
c) The supply of goods made to the consumer and user´s specifications or clearly personalised.
d) The supply of goods which are liable to deteriorate or expire rapidly.
e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons which have been unsealed following delivery.
f) The supply of goods which after their delivery and bearing in mind their nature has been inseparably mixed with other goods.
g) The supply of alcoholic beverages, whose price has been agreed upon at the time of the conclusion of the sales contract that cannot be delivered within 30 days, and whose actual value is dependent on fluctuations in the market that the trader cannot control.
h) Contracts where the consumer and user has specifically asked the trader to visit them to carry out urgent repair and maintenance operations; if, during that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the replacement parts that must be used to carry out maintenance and repair operations, the right of withdrawal must be applied to those additional services and goods.
i) The supply of sealed sound or video recordings or sealed computer programmes that have been unsealed by the consumer and user after delivery.
j) The supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The supply of accommodation services for purposes other than serving as housing, the transport of goods, vehicle rental, food or services relating to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content that is not provided in a material format when the implementation has begun with the prior express consent of the consumer and user with their knowledge that consequently they lose their right to withdrawal.
The PROVIDER must be informed of any return, with a request for a return number using the form provided for that purpose or via an email sent to info@shoppingriu.com, indicating the corresponding invoice or order number.
If the return is not carried out with the original delivery packaging, the PROVIDER can charge the USER a cost of €….., informing them in advance about it through the same channel of communication used.
Once the USER has received the return number, they should send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs paid by them, to the address of ASOC. SANTA EULÀRIA EMPRESARIAL, Club Náutico – Puerto Deportivo, no number, – 07840 Santa Eulària des Riu (Balearic Islands)

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be handled as quickly as possible, and it can be made via the following contact addresses:

Post: ASOC. SANTA EULÀRIA EMPRESARIAL, Club Náutico – Puerto Deportivo, no number, – 07840 Santa Eulària des Riu (Balearic Islands)
Tel: 971330555
Email: info@shoppingriu.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to legal courts, through the intervention of a third party, known as the Dispute resolution body, which acts as an intermediary between both parties. This body is neutral and will talk with both parties in order to reach an agreement, it can ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not be held liable for any breach caused by force majeure. The fulfilment of the obligation will be delayed until the end of the force majeure situation.

6. COMPETENCE

The USER cannot assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

If any stipulation in these conditions is considered null or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, and nor will they undergo any modifications.

The USER states that they have read, understood and accept these Conditions in their entirety.

7. GENERAL CONDITIONS OF THE OFFER

All sales and deliveries made by the PROVIDER are understood to be subject to these Conditions.

Any modification, alteration or agreement contrary to the Commercial Proposal of ASOC SANTA EULARIA EMPRESARIAL or what is stipulated here, will not have effect, unless expressly agreed in a written document signed by the PROVIDER, in this case, these specific agreements will prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices outlined relating to each product or service include Value Added Tax (VAT) and other taxes that may apply. These prices, unless expressly stated otherwise, do not include costs for shipping or communication, handling or any other additional services linked to the product purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change on a daily basis while the order has not been made.
Once the order has been made, prices will remain fixed regardless of whether there is product availability or not.

All payments made to the PROVIDER result in the issuance of an invoice in the name of the registered USER or the business name indicated by them at the time of making the order. This invoice will be sent in paper format along with the product purchased. It will be possible to download the invoice in PDF format by accessing the management panel on the website with the user account. If you wish to receive it via email, you must request it via any of the means that the PROVIDER offers you, you are informed that you can revoke this decision at any time.

For any information about the order, the USER can get in contact through the customer service telephone number of the PROVIDER (Telephone1) or via email at the address info@shoppingriu.com.

9. TRANSPORT COSTS

The prices published on the store do not include shipping or communication costs, or installation or downloading, or supplementary services, unless otherwise expressly agreed in writing.

The amounts will be calculated at the time of saving the basket or quote, as they are calculated according to the weight of the products and the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is in charge of the financial transactions and provides the following methods for payment of orders:

• Credit card
• Pay Pal

The USER can use a discount voucher before completing the purchase if they have received one from the PROVIDER.

Security measures

The website uses the information security techniques generally accepted in the industry, such as SSL, entering data on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. In order to achieve these ends, the user/client accepts the provider obtaining data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transactions that are considered illegal by credit card brands or the acquiring bank, and that may have or which have the potential to damage their good faith or have a negative impact on them.

In accordance with the regimes of credit card brands, the sale or offer of a product or service that does not comply with all the laws applicable to the buyer, issuing bank, trader or cardholder is prohibited.

11. PURCHASE PROCESS

CAny product in our catalogue can be added to the basket. The basket will only show the items, the quantity, price and total amount. Once the basket has been saved, charges and discounts will be calculated according to the payment and delivery data entered.

The baskets are not binding on an administrative level; it is simply a section where it is possible to simulate a quote without any commitment from either party.

From the basket it is possible to make an order by following the steps below to correctly place it:

1. – Check the invoice data.
2. – Check the delivery address.
3. – Select the payment method.
4. – Make the order (purchase).

Having processed the order, the system instantly sends an email to the management department of the PROVIDER and another to the email of the USER confirming that the order has been made.

Orders (purchase requests)

Before confirmation of the order, information will be provided about the status of the order and the approximate shipping and/or delivery date.

12. SEPARATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or inapplicable for any reason, this condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.

The PROVIDER can, without prior notice, suspend or terminate the access of the USUARIO to services and training, fully or partially, when the USER does not comply with the obligations established in this contract or any legal provision, licence, regulation, directive, code of practice or policies that apply to them.

When the PROVIDER exercises any of its rights or powers covered by this Clause, this exercise shall not impair or affect the exercise of any other right, power or means that may be available to the PROVIDER.

13. GUARANTEES AND RETURNS

The guarantee of the products offered will be in accordance with the following articles based on Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other implementing laws:

Article 114. General principles.
The seller is obliged to deliver the consumer and user products that conform with the contract, and is liable to them for any nonconformity at the point of the delivery of the product.

Article 115. Scope of application.
The scope of application of this heading includes the sale contracts of products and the supply contracts of products that are produced or manufactured.

The provisions of this heading will not apply to products purchased through court sales, to water or gas, when they are not put up for sale in a limited volume or set quantity, and to electricity. Nor will they apply to second-hand products purchased at an administrative auction that consumers and users can attend in person.

Article 116. Conformity of products with the contract.
Unless there is proof to the contrary, it will be considered that products are conformant with the contract whenever they meet all the requirements outlined below, unless due to the circumstances of the case any of them are not applicable:

a) They comply with the description provided by the seller and have the attributes of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are fit for the purposes for which goods of the same description are ordinarily used.
c) They are suitable for any special use requested by the consumer and user when they have informed the seller of it at the time of executing the contract, provided that the seller has accepted that the product is suitable for that use.
d) They show the quality and performance which are normal in goods of the same type and which the consumer and user can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made about them by the seller, the producer or representative, particularly in advertising or on labelling. The seller shall not be bound by these public statements if they show that they were not and could not reasonably have been, aware of the statement in question, that by the time of conclusion of the contract the statement had been corrected or that the statement could not have influenced the decision to buy the product.

The nonconformity resulting from the incorrect installation of a product will be compared to the nonconformity of the product when installation is included in the sale or supply contract regulated in article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation was due to an error in the installation instructions.

There will be no liability for nonconformities that the consumer and user was aware of or that they could not have reasonably been unaware of at the time of the conclusion of the contract or that originate from materials supplied by the consumer and user.

Article 117. Incompatibility of actions.
The exercise of the actions included under this heading will be incompatible with the exercise of actions resulting from the compensation for hidden flaws in the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to compensation for the damages resulting from the nonconformity.

Article 118. Responsibility of the seller and rights of the consumer and user.
The consumer and user has the right to the repair of the product, its replacement, a price reduction or the termination of the contract, in accordance with the provisions of this heading.

Article 119. Repair and replacement of the product.
If the product does not conform with the contract, the consumer and user can choose between the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the point when the consumer and user informs the seller of the chosen option, both parties will have to adhere to it. This decision by the consumer and user is without prejudice to the provisions of the following article for cases where the repair or replacement do not manage to make the product conformant with the contract.

The form of compensation which compared to the other imposes unreasonable costs on the seller will be considered disproportionate, taking into account the value that the product would have without the nonconformity, the importance of the nonconformity and if the form of alternative compensation could be provided without significant inconvenience to the consumer and user.

In order to determine if the costs are not reasonable, the costs of one form of compensation must be considerably higher than the costs corresponding to the other form of compensation.

Article 120. Legal regime for the repair or replacement of the product.
The repair and replacement will comply with the following rules:

a) They will be free for the consumer and user. Being free will include the costs needed to rectify the nonconformity of the products with the contract, especially shipping costs, as well as costs relating to labour and materials.
b) They must be carried out within a reasonable time and without significant inconvenience for the consumer and user, bearing in mind the nature of the products and their purpose for the consumer and user.
c) The repair suspends the counting of the time periods referred to in article 123. The suspension period will begin from the time that the consumer and user makes the product available to the seller and will conclude with the delivery to the consumer and user of the repaired product. During the six months following delivery of the repaired product, the seller will be liable for the nonconformities that were the reason for the repair, with the assumption that it is the same nonconformity when defects of the same origin as those that were initially apparent reoccur.
f) If following the repair and delivery of the product, it still does not conform with the contract, the consumer and user can request the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the agreement in the terms outlined in this chapter.
e) The replacement suspends the time period referred to in article 123 from the point that the consumer and user exercises the option up until delivery of the new product. Article 123.1, second paragraph, will apply, in all cases, to the substitute product.
f) If the replacement does not manage to make the product conform to the contract, the consumer and user can request the repair of the product, unless this option is disproportionate, the price reduction or the termination of the agreement in the terms outlined in this chapter.
g) The consumer and user cannot request a replacement in the case of non-consumable products, or with second-hand products.

Article 121. Price reduction and termination of the contract.
The price reduction and termination of the contract will be implemented, at the request of the consumer and user, when they were unable to request the repair or replacement and in cases where they were not carried out in a reasonable period or without significant inconvenience to the consumer and user. Termination will not be implemented when the lack of conformity is of little importance.

NOTE according to art. 108.2: The USER is informed that they will only be responsible for the reduced value of the goods resulting from handling of the goods other than that required their nature, characteristics or functioning. Under no circumstance will they be responsible for the reduction in the value of goods if the trader has not informed them of their right of withdrawal in accordance with article 97.1.i).

Article 122. Criteria for a price reduction.
The price reduction will be proportionate to the difference between the value of the product at the time of the delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.

Article 123. Time frame.
The seller is liable for nonconformities that become apparent within a period of two years following delivery. For second-hand products, the seller and the consumer can agree a shorter period, which can be no less than a year following delivery.

Unless there is proof to the contrary, it will be presumed that nonconformities that become apparent within the six months following delivery of the product, whether it is new or second-hand, already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the nonconformity.

Unless there is proof to the contrary, delivery is considered to have been carried out on the day listed on the invoice or purchase receipt, on the corresponding delivery receipt if it was later.

The seller is obliged to give the consumer or user who is exercising their right to a repair or replacement, documentary evidence of delivery of the product, listing the delivery date and the nonconformity that is the cause of exercising the right.
Likewise, along with the repaired or substitute product, the seller will give the consumer or user documentary evidence of the delivery listing its date and, where applicable, the repair carried out.

The action to demand compliance with the provisions of chapter II of this heading will expire three years following delivery of the product.

The consumer and user must inform the seller of the nonconformity within a period of two months from when they became aware of it. The breach of this period will not result in the corresponding right to compensation, however the consumer and user is responsible for the damages actually caused due to the delay in the communication.
Unless there is proof to the contrary, it will be considered that communication from the consumer and user has taken place within the specified time.

Article 124. Action against the producer.
When it is impossible or an excessive burden for the consumer and user to make a claim to the seller for the nonconformity of the products with the contract they can make a claim directly from the producer in order to obtain the replacement or repair of the product.

Generally, and without prejudice to the responsibility of the producer ceasing, for the purposes of this heading, in the same timeframe and conditions as those established for the seller, the producer will be held liable for the nonconformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules regulating them.

Whoever has been held liable to the consumer and user will have a period of one year to claim from the party responsible for the nonconformity. This period begins from the time when the compensation was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish legislation for matters that are not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions will be subject to the courts of the domicile of the USER, the place of the fulfilment of the obligation or the place where the good is located if it is a property.