GENERAL PURCHASE CONDITIONS
Update date: March 2023
1. GENERAL FEATURES
These General Purchase Conditions, (“General conditions") constitute the regulatory framework for the purchase of different products and services (hereinafter, the "Products”) offered by GRUPARSA DIGITAL, S.L. ("DIGITAL GROUP") to its clients through this Website: www.banoidea.com (hereinafter, the "Website”).
The person who makes a purchase through the Website (hereinafter, the “Client"), accepts and expressly submits to these General Conditions, as well as the Conditions of Use of our Website and the Privacy Policy, which, together, will form the applicable agreement between GRUPARSA DIGITAL and the Client (hereinafter , he "Agreement"). Therefore, it is necessary that you read these General Conditions carefully before placing an order for Products online through the Website.
The Client acknowledges having sufficient legal capacity to be contractually bound.
2. CLIENT PREREQUISITES FOR CONTRACT
Only Customers who are over 18 years of age may register on the platform and purchase products. GRUPARSA DIGITAL reserves the right to deny the registration or purchase of products or to immediately terminate the Agreement with a Client if the Client does not comply with this requirement.
3. PRODUCT DESCRIPTION AND AVAILABILITY
GRUPARSA DIGITAL, through this Website, offers its Clients the possibility of acquiring different types of Products for the bathroom and home whose main characteristics will be specified on the Website for each Product.
All Products that appear in the catalog of Products for sale on the Website are subject to availability. Therefore, it is possible that some of the Products that appear herein are no longer available for sale, although, to the extent possible, the lack of availability will be indicated on the Website itself.
In cases where, once the purchase has been made, there is no availability of the Product purchased by the Client, they will be duly informed of this, offering them a Product with similar or superior characteristics, price and quality to the one purchased. The Customer can decide whether or not to accept the alternative Product and, if not, will inform them of the procedures and deadlines for refunding the amounts paid.
The Client understands and accepts that the photographs and descriptions that appear of the Products are included for information purposes only, so it is possible that they may differ in color, or some other type of minor variation in relation to the original Product.
GRUPARSA DIGITAL reserves the right to replace, modify, expand or reduce the catalog of services and products offered through this Website.
4. PURCHASING PROCESS
The process for purchasing Products on the Website will generally consist of the following steps:
- Through the Website, the Client must choose and select the Product(s) they wish to purchase.
- During the purchase process, GRUPARSA DIGITAL will indicate the steps to follow to complete the purchase.
- There are two ways to purchase through the Website:
- As a registered user: when the Customer has already created a user account through the account creation form on the Website and completed their data related to the shipping address, they may log in to their account by entering the username and password that they entered in the form. chose at the time of registration. To complete the registration, certain personal data will be requested from you, which will be processed in accordance with the Privacy Policy
Through your account you can manage the information we have and modify or update your data.
- Like invited: when the Client does not want to create a user account. In this case, you will be asked for a series of personal identifying data related to the shipping address where you want to receive your product(s). Such personal data will be processed in accordance with the Privacy Policy.
- Before proceeding to pay for the purchase, you can check the details of the order and the final price will be calculated. Likewise, you can access these General Conditions, which must be accepted to complete the purchase.
- Once the General Conditions are accepted, the mechanisms will be provided so that payment can be made based on the chosen payment method.
- Once payment has been made, GRUPARSA DIGITAL, S.L. will proceed to manage the preparation of the order and its delivery. The Customer will receive in their email a confirmation of the purchase made and all the payment details and instructions to track the order until delivery.
The purchase will not be deemed to have been made, in any case, until full payment of the indicated price has been made.
By entering their data, the Client guarantees that all information provided is true, complete, accurate, exhaustive and up-to-date; In the event that GRUPARSA DIGITAL has doubts about the veracity of the information provided by the Client, it may immediately suspend or close your account, at its discretion and without prior notice.
The Client will be responsible for keeping the access credentials (Client and password) securely and confidentially, without allowing third parties to use their account; without obtaining your own financial benefits from the use of your account or its disclosure to third parties. Likewise, you must notify GRUPARSA DIGITAL through the contact email address of any incident related to the security of the account and/or password.
The Client must keep their information and contact details updated. All transactions carried out before the personal data is updated will be based on the information provided up to that point. GRUPARSA DIGITAL is not responsible for losses, delays, expenses or damages due to its lack of authenticity or updating.
GRUPARSA DIGITAL will not be responsible for damages caused by the improper use by the registered Client of their access credentials or information provided to GRUPARSA DIGITAL.
5. FORM AND CONDITIONS OF PAYMENT
The price of the Products will be that indicated at all times on the Website. The price that will be applied to the Products will be the price in force at the time the actual purchase is made.
GRUPARSA DIGITAL reserves the right to modify prices at any time, as well as to apply, modify, limit or terminate any discount, which will be carried out in accordance with the rules and limits established by applicable law, where applicable.
The products and services offered on this Website may be subject to Value Added Tax or another similar tax, which ARE INCLUDED in the price, unless otherwise stated.
Shipping/transportation costs ARE NOT INCLUDED in the price of the Products. Before proceeding with the confirmation and payment of the order, you will be informed of the final purchase price, which will include applicable taxes, transportation costs and other expenses that, if applicable, may apply.
In this sense, payments will always be prior to shipping the order, so GRUPARSA DIGITAL would reserve the right not to ship the order until the moment it has received payment for it, as well as the right to temporarily suspend or definitively cancel the preparation or shipping of an order in the event of any incident in its payment.
5.1. Payment methods
The payment methods accepted by GRUPARSA DIGITAL will be indicated on the Website itself, and the Client may choose the one that best suits them. The Website will direct the Client to a secure platform so that the Client can make the payment. In any case, you will be informed of the steps to follow to complete the purchase.
GRUPARSA DIGITAL may make payment platforms and/or tools provided by third parties available to the Client for payment management.
In any case, GRUPARSA DIGITAL is not aware of the data relating to your credit card. All payment systems available to the client are completely secure.
5.2. Promotional offers
GRUPARSA DIGITAL may make periodic discounts and promotional offers available to Clients (the “Promotion/s"). These Promotions will have their own particular conditions and validity period, which will be duly informed to the Client. Customers undertake to check the particular conditions and validity periods of each Promotion before making the purchase.
Likewise, the Client acknowledges having been informed and accepts that some Promotions will only be available to new Clients.
5.3. Invoices
For environmental reasons, the invoice will be sent to the customer by email and will also be available by accessing the customer account on banoidea.com.
If you wish to request a paper invoice, please contact us at online@banoidea.com, by phone or WhatsApp.
The Client is responsible for confirming receipt of the notifications and for informing us of any modification to their data, leaving GRUPARSA DIGITAL exonerated from any liability arising from this circumstance.
6. DELIVERY
The products offered by GRUPARSA DIGITAL are available for distribution in mainland Spain, the Balearic Islands and most countries in the European Union.
Orders will be delivered to the address indicated by the Customer at the time of purchase. The Client may select from the different shipping methods that are made available to him/her before making the purchase, according to the delivery area indicated.
In cases in which the volume or weight of the order exceeds what is considered parcel (greater than 35kg in total), delivery will be made to the door of the building, instead of the door of the home.
GRUPARSA DIGITAL has several delivery times that the Client can see on each product page. In many cases, as these are products in stock, we offer delivery within 24-48 hours, but in the case of products made to order, this period may be longer.
At the time of purchase, GRUPARSA DIGITAL establishes an estimated delivery date. In the event that the purchase cannot be delivered within the established period, GRUPARSA DIGITAL will contact the Client. However, if the Customer needs to know if the order will arrive on time, they can contact our team and we will try to give them a more specific date.
Notwithstanding the above, the indicated delivery times will be approximate and in no case binding on GRUPARSA DIGITAL. The delivery date will depend on the availability of the Product and the shipping area and may be affected by unforeseen circumstances or circumstances beyond the control of GRUPARSA DIGITAL, due to difficulties in making delivery or other causes attributable to the carrier. Delivery time may be longer during the summer or Christmas period due to the holiday closures of some manufacturers.
Sometimes, when it comes to orders containing items from different manufacturers, they may be sent in different deliveries. In this case, the Client will always be notified by email or telephone.
Orders placed through this Website will be sent through a courier company and will be delivered, in general, on business days (Monday to Friday).
In the event that it is not possible to deliver an order due to the absence of the Customer at the address provided, the transport company will contact the Customer directly to arrange a new delivery.
When the impossibility of delivery is due to the provision of an incorrect address, the cost of reshipping the order will be borne by the Client.
7. RIGHT OF WITHDRAWAL AND REFUND POLICY
The right of withdrawal is the right of the consumer and user to cancel the contract entered into, thus notifying the other contracting party within a period of 14 calendar days from receipt of the purchased products or, in the case of services, from the purchase, without the need to justify your decision and without penalty of any kind.
Therefore, the Client has the right to withdraw from this contract within a period of 14 calendar days from receipt of the Products by the Client himself or by a third party authorized by the Client without the need for justification.
However, in the case of products made in accordance with the Client's specifications or that have been clearly personalized, the Client will not be able to exercise the right of withdrawal, corresponding to the case of exclusion included in article 103.c of the Royal Legislative Decree 1/ 2007, of November 16, which approves the consolidated text of the General for the Defense of Consumers and Clients and other complementary laws. Therefore, the Client will not be able to request a refund of the amounts paid.
The right of withdrawal will not be applicable to contracts that refer to: c. The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
In the event of exercising the right of withdrawal on all Products, GRUPARSA DIGITAL will reimburse the Client for the payments received, including shipping costs without any undue delay and, in any case, no later than 14 calendar days from the date on which the that we be informed of your decision to withdraw from this contract. Exceptions from reimbursement are those additional expenses resulting from the Customer's choice of a shipping method other than the least expensive ordinary delivery method offered on the Website.
In the event that the right of withdrawal applies to only some of the Products in an order, GRUPARSA DIGITAL will reimburse the Customer only the price of the Products, without shipping costs.
THE DIRECT COSTS OF RETURNING THE PRODUCTS WILL BE borne by the CUSTOMER.
GRUPARSA DIGITAL will proceed with the refund using the same payment method used for the initial purchase, unless the consumer has expressly provided otherwise. The Client will not incur any penalty as a result of the refund.
Except in the event that GRUPARSA DIGITAL is responsible for collecting the Products for their return, GRUPARSA DIGITAL reserves the right to withhold the refund, depending on which condition is met first:
- until you have received the Products; either
- until the Customer has provided proof of the return of the Products.
GRUPARSA DIGITAL does not offer the option to exchange returned products; The Customer must return the product following the explained instructions and purchase a new one through the normal purchasing procedure.
The Client will be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
5.1. How to exercise the right of withdrawal
To exercise the right of withdrawal, the Client must express their decision during the indicated period of 14 calendar days from receipt of the Products, sending a communication through the following means:
- Email: online@banoidea.com
- Postal address: Calle de las Utopías 18, 11130, Chiclana de la Frontera, Cádiz (Spain)
You can use the model withdrawal form below, although its use is not mandatory:
Withdrawal form template
For the attention of:
GRUPARSA DIGITAL, S.L. ("DIGITAL GROUP”),
Calle de las Utopías 18, 11130, Chiclana de la Frontera, Cádiz (Spain)
I hereby inform you that I exercise my right of withdrawal in relation to the following Product:
Product description:
Order No. / Reference:
Customer name:
Date:
Client's signature:
8. RETURNS FOR DAMAGE DURING TRANSPORTATION
The following conditions for returning our products do not apply in the case of exercising the right of withdrawal.
In accordance with consumer and user protection regulations, the risk of deterioration or loss of the product is transferred to the consumer when delivery is made. Notwithstanding the above, in the event that one of our products has suffered damage in transport or its package has deteriorated during transport, the Customer can contact us within 48 hours of receipt.
The customer must contact us by email at online@banoidea.com or by phone (+34 956 53 25 73), sending photographs of the damaged product and packaging, as well as a delivery note or invoice and order number.
In accordance with the above, a file will be opened that will be managed by GRUPARSA DIGITAL and it will be verified, prior to acceptance, that it is a damage suffered without the fault or negligence of the Client.
This clause is understood without prejudice to the rights of withdrawal and legal guarantee that the consumer has.
9. LEGAL GUARANTEE
All Products are subject to the legal guarantee of three years from the date of delivery of the Products against lack of conformity, in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, by which approves the consolidated text of the General for the Defense of Consumers and Clients and other complementary laws.
The goods that GRUPARSA DIGITAL delivers or supplies to the Client will be considered in accordance with the contract when they meet the subjective and objective requirements established in the aforementioned regulations.
For the purposes of the legal guarantee, delivery will be deemed to have been made on the day that appears on the corresponding invoice or delivery note, whichever is later.
If the good does not comply with the contract, to bring it into compliance, the Customer will have the right to choose between repair or replacement, unless one of these two options is impossible or, in comparison with the other corrective measure, involves costs. disproportionate for GRUPARSA DIGITAL, taking into account all the circumstances, as well as whether the alternative corrective measure could be provided without major inconvenience for the Client.
Corrective measures for bringing into compliance will be free of charge for the Client, will be carried out within a reasonable period of time and will be carried out without major inconvenience for the Client.
To exercise the guarantee, prior presentation of the purchase invoice or document proving the date of purchase is required.
10. INTELLECTUAL PROPERTY
GRUPARSA DIGITAL is the owner of all intellectual or industrial property rights, or has sufficient authorization, on the Website and all its contents, including, without limitation, brands, source and object code, designs, interfaces, texts, images , videos or any other material, as well as the architecture, presentation, layout and classification of the contents of the Website.
11. DATA PROTECTION
Any personal data that Customers provide during the purchase through the Website will be treated in accordance with our Privacy Policy and, in the case of acceptance of cookies, the Cookies policy.
12. NOTIFICATIONS
All communication between the Client and GRUPARSA DIGITAL will be carried out through email to the contact addresses indicated by GRUPARSA DIGITAL on the Website for the pertinent purposes, or by any means that leaves proof of its receipt to the people and addresses. indicated:
Postal address: Calle de las Utopías 18, 11130, Chiclana de la Frontera, Cádiz (Spain)
Contact email: online@banoidea.com
13. MODIFICATIONS
GRUPARSA DIGITAL reserves the right to modify, at any time and without prior notice, these General Conditions.
These modifications will come into force on the date of their publication on the Website or, where applicable, on the date indicated.
GRUPARSA DIGITAL, to the extent possible, will try to notify any changes, although the Client accepts the obligation to review these General Conditions periodically to be aware of said modifications and, in any case, before making purchases through the Website .
14. MISCELLANY
If any clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, the Agreement subsisting in all the rest, having such provision, or the part thereof that is affected, for not being put in place.
The headings of the various clauses are for informational purposes only, and will not affect, qualify or expand the interpretation of this Agreement.
The fact that GRUPARSA DIGITAL does not require the Client to comply with one of the conditions that would have contravened this Agreement will not imply the future waiver of the application of that clause, whose compliance may be required at any time.
The Client acknowledges having read, understood and agrees to these Conditions, and therefore affirms that they are sufficient to exclude the error in the consent of this Agreement and, therefore, accepts them fully and expressly.
15. INCIDENTS
In the event that the Client detects any defect or error in the Website or Products that appear on it, they can contact GRUPARSA DIGITAL, indicating the defects/errors detected and attaching graphic proof where they can be seen so that GRUPARSA DIGITAL, can take the appropriate actions.
In this sense, GRUPARSA DIGITAL does not guarantee that the availability of the Website will be continuous and uninterrupted, since problems may occur in the Internet network, breakdowns in computer devices or other circumstances beyond the control of GRUPARSA DIGITAL. Therefore, the Client agrees to bear these circumstances within reasonable limits and expressly renounces claiming from GRUPARSA DIGITAL any contractual or extra-contractual liability for possible failures, errors and use of the Website.
16. LANGUAGE, APPLICABLE LAW AND JURISDICTION
This Agreement may be made available to Customer in multiple languages. However, in case of doubt or contradiction between the different versions, the Spanish version published on the Website will prevail at all times.
This Contract and its execution is subject to Spanish legislation.
If any dispute arises regarding the interpretation or application of these contractual conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim. However, in the event that the discrepancy or claim is not resolved, the Parties will submit to the courts or tribunals of the Client's domicile.
Likewise, the European Commission offers a platform for alternative dispute resolution, which any consumer can access at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
17. CONTACT
In case of doubts, queries or to make any claim, the Client may contact GRUPARSA DIGITAL at any time through the following means:
- Postal address: Calle de las Utopías 18, 11130, Chiclana de la Frontera, Cádiz (Spain)
- Contact email: online@banoidea.com