TERMS OF SALE
The following terms and conditions as well as the other related regulations adopted by Pensfrombcn, SL and established in accordance with the provisions of this document (together, the "Conditions of Sale") will apply to all sales of INOXCROM® products that you (the "Client" or "you") order Pensfrombcn, SL, a company incorporated under the laws of Spain and domiciled at Carrer Pallars, No. 85, floor 6 door 4, 08018 Barcelona, Spain with identification number Tax B67423954, ("Pensfrombcn" or hereinafter, "our" or "we"), online through the INOXCROM® website with domain name "www.inoxcrom.es" (the "Site").
These Conditions of Sale will be applied exclusively for purchases made through the Site.
Pensfrombcn may modify these Conditions of Sale at any time at its sole discretion. The Sales Conditions applicable to orders placed through the Site will be those in force at the time the order is placed by the Client. By accepting the conditions in the order confirmation section that appears on the Site before sending the order to Pensfrombcn, the Customer expresses the acknowledgment and full acceptance of these Conditions of Sale.
If the Client does not accept the provisions of these Conditions of Sale, he will not be able to order the INOXCROM® products from Pensfrombcn through the Site.
2. PURCHASE REQUIREMENTS
Only individuals who are of legal age (18 years) and have legal capacity to enter into contracts can place orders. If the Client is a minor or, where appropriate, cannot legally formalize a contract, it must be one of their parents or legal guardian who makes the request on their behalf. The orders that are made in breach of the indicated provision as well as the related contracts that are formalized from such orders will be void. By placing an order through the Site, the Customer declares and guarantees that he is a bona fide end customer and that he will not deliver, sell or, where appropriate, distribute the Products or buy the Products for commercial purposes or other commercial benefit. If Pensfrombcn believes, in its sole discretion, that an order does not comply with the provisions of these Terms and Conditions, Pensfrombcn may reject the order or suspend its delivery.
3. NATURE OF THE ORDERS
The exhibition of the Products on the Site does not constitute an offer, but only an invitation for the Client to present an offer to Pensfrombcn. When placing an order, the Client presents an offer to Pensfrombcn for the purchase of the selected Product or Products. Subsequently, Pensfrombcn will process the offer in accordance with the clauses set out below, especially clauses 6, 8 and 10 of this document. The purchase contract will only be concluded if Pensfrombcn expresses its acceptance by sending a written Order Confirmation (see clause 11).
4. AVAILABILITY AND QUANTITY OF PRODUCTS
All orders made through the Site are subject to its availability and acceptance by Pensfrombcn according to its free commercial decision.
Pensfrombcn reserves the right to modify the range of Products presented on the Site and, in particular, may limit at any time the number of Products that a Client may order in a single purchase session.
The Products pages included in the Site offer the Client information about the Products that are presented for sale at that time. Please note that only Products that include the "Add to cart" button are available for sale through the Site. Pensfrombcn reserves the right to modify at any time the range of articles offered on its product pages. The Customer also has the possibility to call the Customer Service Center at 0034 93 250 04 56 where they will be provided with more information on the availability and characteristics of the Product and will be helped to make the purchase.
5. PERSONAL INFORMATION
In order to make an order through the Site, the Client must provide valid and updated personal information, such as his full name, Tax ID or DNI, telephone number and email address. As well as the delivery address of the Product.
The orders that the Customer makes through the Site will be processed as follows. After selecting the Product, you must click the "Add to cart" button to place the Product in the Customer's shopping cart. The Customer can continue to buy other Products and add them to their shopping cart (subject to availability and quantity limits). The Customer can also delete one or more Products that they have selected by clicking on the "Delete" icon next to the corresponding Product in the shopping cart.
The Client must provide the personal information that is indicated, such as delivery address, billing address and details of the payment method. The Client guarantees that all the personal information provided to Pensfrombcn is truthful and correct. For security and fraud control reasons, Pensfrombcn or its third-party providers may collect additional information that is necessary in this regard.
Regardless of what is provided in this document, Pensfrombcn reserves the right to reject, cancel or cancel orders at any time. By way of example, Pensfrombcn may reject, cancel or cancel an order from the Client if there is an outstanding unresolved conflict regarding the payment of a previous order or if Pensfrombcn suspects that the Client has carried out fraudulent activities or, where appropriate, has violated the provisions of these Conditions of Sale.
7. PRICES, TAXES AND SHIPPING COSTS
All prices shown on the Products pages included on the Site are in euros (VAT included) and do not include shipping costs and other applicable taxes, unless otherwise specified.
Pensfrombcn reserves the right to modify shipping prices and costs at any time without prior notice. Pensfrombcn will apply and comply with the price of the Product and the shipping costs shown on the Site, as detailed at all times by Pensfrombcn in the Order Confirmation.
Actual shipping charges and applicable VAT will be specified in the order before the Customer is asked to confirm the order. The shipping costs (if applicable) are detailed in the delivery policy that is included later in this document.
8. REVIEW AND CONFIRMATION OF THE CLIENT
The order procedure included in the INOXCROM® Site allows you to check and modify the errors of the order before sending it to Pensfrombcn. The Client must carefully review all the data before placing the order, including, by way of example, the data of each sale, specified on the Site.
After completely reviewing the purchase offer, the Client must check the box next to the text ”I agree to the terms of service and accept them without reservation. “To express your agreement to be bound by these Conditions of Sale, then you must click on the" Place order "button on the Site to place the order.
When placing an order through the Site, the Client presents an offer to Pensfrombcn for the purchase of the Products included in the Client's shopping basket.
9. MEANS OF PAYMENT
Pensfrombcn accepts the following payment methods: Visa, MasterCard and other credit cards with a billing address in Spain.
Payment card holders are subject to validation and authorization controls by the card issuing entity. If the issuing entity of the payment card does not authorize the payment to Pensfrombcn, the Client must contact the issuing entity of his card to solve the problem. In this case, Pensfrombcn will not be responsible for delays or non-delivery that occur.
Pensfrombcn applies measures —including administrative, technical and physical measures— to protect the Client's personal information against loss, theft and improper use, as well as against unauthorized disclosure, modification, destruction or access. Pensfrombcn uses an SSL (Secure Sockets Layer) encryption system on all web pages where personal information is collected. Unfortunately, sending information online is not 100% secure.
The payments of the products purchased are without financing to the Client by Pensfrombcn.
If the payment is made by Visa, MasterCard or Paypal credit card, the charge to the client will be made in accordance with the rules that such organizations follow.
10. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER
After placing an order through the Site, the Customer will receive by email an Order Acknowledgment in which the order details are specified. This Order Acknowledgment will include the order reference number assigned by Pensfrombcn. It is important that the Customer keep this order reference number in case they should make any queries related to it in the future. The Acknowledgment of Receipt of the Order does not mean acceptance of the order. After sending the Order Acknowledgment, Pensfrombcn will carry out the usual security and anti-fraud controls, then processing the order.
11. CONFIRMATION OF THE ORDER BY Pensfrombcn
At the time of sending the Products ordered by the Client and once the security and fraud controls by Pensfrombcn have been carried out, Pensfrombcn will send the Client a written Order Confirmation by email. The Order Confirmation represents the acceptance of the order by Pensfrombcn and constitutes a binding sale contract.
12. DELIVERY POLICY
Pensfrombcn only delivers to addresses in Spain, including the Canary Islands. Pensfrombcn does not send to PO boxes, hotels, to addresses of public or military institutions.
Pensfrombcn will add the shipping costs to the price of the Products. Shipping costs will be applied according to the purchase value of the order as indicated in the following table.
During certain promotional periods, delivery may be offered free of charge.
When calculating the delivery time of the package, the time necessary for the approval of the Order, verification of the address and processing of the Order must be taken into account. Once the Order has been processed and is ready for shipment, Pensfrombcn will send the Order Confirmation by email to the Customer.
Pensfrombcn will use all reasonable means at its disposal to guarantee the estimated delivery times from the date of acceptance of the order:
Shipping cost for the Customer depending upon courier selection:
|Less than 60 €||3,95 €||5,95 €||9,95 €||from 9,95 €|
|More than 60 €||0 €||3,95 €||5,95 €||from 5,95 €|
|More than 75 €||0 €||0 €||3,95 €||from 3,95 €|
|More than 100 €||0 €||0 €||0 €||0 €|
Estimated delivery time: 3-4 days
* Saturdays and Sundays and national, provincial or local holidays in Barcelona and / or at the place of delivery of the Order, will not be considered business days for the purposes of calculating the estimated delivery time.
Pensfrombcn insures all purchases during the time they are in transit until they are delivered to the Client. Upon delivery, Pensfrombcn requires the signature of a person of legal age to confirm acceptance of each Product delivered, after which time the risk and responsibility for the Products purchased are transferred to the Customer. If the Client specifies a recipient for the shipment that is not the Client himself (for example, if it is a gift to a third party), in this case the Client understands and accepts that the signature proof of the recipient in question (or at the address of corresponding delivery) will be sufficient proof of the delivery and fulfillment of the sales contract by Pensfrombcn, transferring the risk and responsibility to the recipient in the same way as if the Product had been delivered to the Customer.
When you order from the Site, you, as a Customer, will receive the corresponding invoice by email. The Client also has the possibility of receiving the invoice by ordinary mail at the billing address by requesting it by phone at 0034 93 250 04 56, subject to their proper identification.
14. RETURN POLICY AND CUSTOMER CANCELLATION RIGHTS
The Customer may return the Products as long as they present a manufacturing defect or do not conform to the description specified on the Site.
The period to make it effective will be 7 business days from the date of receipt of the Product. To do this, you must contact us by calling 0034 93 250 04 56. The Product must be returned with the complete original packaging and without the Product having been tampered with.
14.1. Nonconforming product
At all times Pensfrombcn strives to ensure that all the Products strictly comply with the quality criteria and that they have passed all the controls, both technical and aesthetic.
If, despite this, the Customer receives a Product that appears to be defective or does not conform to the description specified on the Site ("Non-Conforming Product"), the Customer may return it to Pensfrombcn following the aforementioned return procedure. Once received, Pensfrombcn may classify the Product as a defective Product. Please note that Products deteriorated as a result of wear will not be considered defective.
If Pensfrombcn considers that the Product is a Non-Conforming Product, the Client may request Pensfrombcn to proceed as follows:
1 Replace it with an identical Product (subject to availability);
2 Repair the Product (if the repair is economically viable); or
3 Refund the full price of the Product to the Customer. This refund of the price must take place within a maximum period of 30 calendar days from the request made by the Client in this regard.
Pensfrombcn may also (but will not be obliged to) offer to replace the Non-Conforming Product with another Product of equivalent or higher value (in the latter case subject to payment of the price difference by the Customer). The indicated substitution will be made in accordance with the substitution rules established in these Sales Conditions.
If the Client does not agree with Pensfrombcn's decision on whether the Product is a defective Product or not, Pensfrombcn may (but will not be obliged to) carry out an additional independent inspection and verification. The Customer must pay the cost of the inspection in the event that the inspector concludes that the Product is not defective. However, this circumstance will not affect the Client's legal rights
15. MISCELLANEOUS PROVISIONS
15.1 Entire Agreement
These Terms of Sale (as modified at any time), including the policies referred to in this document, constitute the entire agreement between the Client and Pensfrombcn on the purchase of Products by the Client through the Site and replace any other agreements, pacts, commitments or proposals, oral or written,
that exist between the Client and Pensfrombcn in relation to the indicated purchase. The agreements or oral statements made by the parties will not serve to modify the interpretation of the Conditions of Sale.
15.2 Independence of the clauses
In the event that a Court declares for whatever reason that a provision of these Conditions of Sale is null or partially inapplicable, the provision in question will be null or inapplicable only to the extent indicated, not affected by the validity and applicability of the other provisions of these Conditions of Sale.
15.3 Jurisdiction and applicable law
The provisions of these Conditions of Sale shall be governed by the provisions of the laws of Spain. Likewise, the contract for the purchase of the Products and the conflicts or claims arising out of or related to it will be governed by the provisions of the laws of Spain. Except as provided by Law, if it attributes jurisdiction to the Courts and Tribunals of the Client's habitual domicile, the Client and Pensfrombcn accept that the Courts of the city of Barcelona (Spain) have exclusive jurisdiction.