GENERAL TERMS OF SALE
Update date: March 2023
1. GENERAL ASPECTS
These General Conditions of Purchase (“General Conditions”) constitute the regulatory framework for the purchase of the different products and services (hereinafter, the “Products”) offered by GRUPARSA DIGITAL, S.L. (“GRUPARSA DIGITAL”) to its customers through this Website: www.banoidea.com (hereinafter, the “Website”).
The person making a purchase through the Website (hereinafter, the “Customer”) expressly accepts and submits to these General Conditions, as well as to the Terms of Use of our Website and the Privacy Policy, which together will form the applicable agreement between GRUPARSA DIGITAL and the Customer (hereinafter, the “Agreement”). Therefore, it is necessary to carefully read these General Conditions before placing an online order for Products through the Website.
The Customer acknowledges having sufficient legal capacity to contractually bind themselves.
2. CUSTOMER'S PRIOR REQUIREMENTS FOR CONTRACTING
Only Customers who are over 18 years old may register on the platform and purchase products. GRUPARSA DIGITAL reserves the right to deny registration or product purchase or to immediately terminate the Agreement with a Customer if they do not meet this requirement.
3. DESCRIPTION AND AVAILABILITY OF PRODUCTS
GRUPARSA DIGITAL, through this Website, offers its Customers the possibility to purchase different types of bathroom and home Products whose main characteristics will be specified on the Website for each Product.
All Products listed in the Product catalog for sale on the Website are subject to availability. Therefore, it is possible that some of the Products shown may no longer be available for sale, although, as far as possible, the lack of availability will be indicated on the Website itself.
In cases where, once the purchase has been made, the Product acquired by the Customer is not available, they will be duly informed, offering a Product with similar or superior characteristics, price, and quality to the one purchased. The Customer may decide whether or not to accept the alternative Product and, if not, will be informed of the procedures and deadlines for refunding the amounts paid.
The Client understands and accepts that the photographs and descriptions of the Products are included for informational purposes only, so they may differ in color or have some other minor variation compared 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. PURCHASE 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 buy.
- During the purchase process, GRUPARSA DIGITAL will guide you through the steps to complete the purchase.
- There are two ways to purchase through the Website:
- As a Registered User: when the Client has already created a user account through the account creation form on the Website and completed their shipping address details, they can log into their account by entering the username and password they chose at registration. To complete the registration, certain personal data will be requested, 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.
- As a guest: when the Client does not want to create a user account. In this case, a series of personal identification data and shipping address details where they want to receive their product(s) will be requested. Such personal data will be processed in accordance with the Privacy Policy.
- Before proceeding with the payment of the purchase, you can check the order details 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 have been accepted, the mechanisms will be provided to make the payment according to 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 Client will receive a confirmation of the purchase and all payment details and instructions to track the order until delivery in their email.
The purchase will not be considered completed under any circumstances until full payment of the indicated price has been made.
By entering their data, the Client guarantees that all the information provided is true, complete, accurate, thorough, and up-to-date; if GRUPARSA DIGITAL has doubts about the truthfulness of the information provided by the Client, it may suspend or immediately close their account, at its discretion and without prior notice.
The Customer will be responsible for securely and confidentially keeping the access credentials (Username and password), not allowing third parties to use their account; not obtaining economic benefits from the use of their account or its disclosure to third parties. Likewise, they must notify GRUPARSA DIGITAL through the contact email address of any incident related to the security of the account and/or password.
The Customer must keep their information and contact details updated. All transactions carried out before the update of personal data will be based on the information provided up to that moment. GRUPARSA DIGITAL is not responsible for losses, delays, expenses, or damages due to lack of authenticity or update.
GRUPARSA DIGITAL will not be responsible for damages caused by the misuse by the registered Customer of their access credentials or information provided to GRUPARSA DIGITAL.
5. PAYMENT METHOD AND CONDITIONS
The price of the Products will be the one indicated at each moment on the Website. The price applied to the Products will be the current price 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 end any discount, which will be carried out in accordance with the rules and limits established by applicable law, if any.
The products and services offered on this Website may be subject to Value Added Tax or another similar tax, which IS INCLUDED in the price, unless otherwise stated.
Shipping/transport costs ARE NOT INCLUDED in the price of the Products. Before proceeding to confirm and pay for the order, the final purchase price will be indicated, which will include applicable taxes, transport costs, and other expenses that may apply.
In this regard, payments will always be prior to the shipment of the order, so GRUPARSA DIGITAL reserves the right not to ship the order until it has received payment for it, as well as the right to temporarily suspend or definitively cancel the preparation or shipment of an order in case of any issue with its payment.
5.1. Payment Methods
The payment methods accepted by GRUPARSA DIGITAL will be indicated on the Website itself, allowing the Customer to choose the one that suits them best. The Website will direct the Customer to a secure platform so that the Customer can make the payment. In any case, the steps to follow to complete the purchase will be informed.
GRUPARSA DIGITAL may provide the Customer with payment platforms and/or tools provided by third parties for payment management.
In any case, GRUPARSA DIGITAL has no knowledge of your credit card data. All payment systems available to the customer are completely secure.
5.2. Promotional offers
GRUPARSA DIGITAL may offer Customers periodic discounts and promotional offers (the “Promotion/s”). These Promotions will have their own specific conditions and validity period, which will be duly communicated to the Customer. Customers agree to check the specific conditions and validity periods of each Promotion before making a purchase.
Likewise, the Customer acknowledges having been informed and accepts that some Promotions will only be available to new Customers.
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 via online@banoidea.com, by phone or WhatsApp.
The Customer is responsible for confirming receipt of notifications and informing us of any changes to their data, with GRUPARSA DIGITAL being exempt from any liability arising from this circumstance.
5.3. Prices and Content
In case of any error, whether computer or human, in the price or description of any product, GRUPARSA DIGITAL may cancel the order and refund the amount paid by the customer, provided that it is a significant difference in the price or product description that any informed consumer could identify as erroneous before making the purchase. GRUPARSA DIGITAL commits to making such cancellation as soon as possible and providing the necessary explanations if the Customer requests it.
6. DELIVERY
The products offered by GRUPARSA DIGITAL are available for distribution in mainland Spain, the Balearic Islands, and most countries of the European Union.
Orders will be delivered to the address provided by the Customer at the time of purchase. The Customer can select from the different shipping options available before making the purchase, according to the delivery area indicated.
In cases where the volume or weight of the order exceeds what is considered parcel delivery (over 35kg in total), delivery will be made at the building's entrance, instead of the home door.
GRUPARSA DIGITAL has several delivery times that the Customer can see on each product page. In many cases, for products in stock, we offer delivery within 24-48 hours, but for made-to-order products, this period may be extended.
At the time of purchase, GRUPARSA DIGITAL sets an estimated delivery date. If the purchase cannot be delivered within the established period, GRUPARSA DIGITAL will contact the Customer. However, if the Customer needs to know whether the order will arrive on time, they can contact our team and we will try to provide a more specific date.
Nevertheless, the above delivery times are approximate and in no case binding for GRUPARSA DIGITAL. The delivery date will depend on the Product's availability and the shipping area and may be affected by unforeseen circumstances or beyond GRUPARSA DIGITAL's control, due to difficulties in making the delivery or other causes attributable to the carrier. Delivery times may be extended during the summer or Christmas period due to some manufacturers' holiday closures.
Occasionally, when orders contain items from different manufacturers, they may be sent in separate deliveries. In such cases, the Customer will always be notified by email or phone.
Orders placed through this Website will be shipped via a courier company and will generally be delivered on business days (Monday to Friday).
If it is not possible to deliver an order due to the Customer's absence at the provided address, 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 Customer.
7. RIGHT OF WITHDRAWAL AND REFUND POLICY
The right of withdrawal is the consumer's and user's ability to cancel the concluded contract, notifying the other contracting party within 14 calendar days from the receipt of the purchased products or, in the case of services, from the purchase, without needing to justify their decision and without any penalty.
Therefore, the Customer has the right to withdraw from this contract within 14 calendar days from the receipt of the Products by the Customer themselves or by a third party authorized by them without any need for justification.
However, in the case of products made according to the Customer's specifications or that have been clearly personalized, the Customer may not exercise the right of withdrawal, corresponding to the exclusion case set forth in article 103.c 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. Therefore, the Customer may not request a refund of the amounts paid.
The right of withdrawal will not apply to contracts relating to: c. The supply of goods made according to the consumer's and user's specifications or clearly personalized.
If the right of withdrawal is exercised on all the Products, GRUPARSA DIGITAL will refund the Customer the payments received, including shipping costs without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this contract. Additional costs resulting from the Customer's choice of a delivery method other than the least expensive ordinary delivery offered on the Website are excluded from the refund.
If the right of withdrawal is exercised on only some of the Products in an order, GRUPARSA DIGITAL will refund the Customer only the price of the Products, excluding 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 indicated otherwise. The Customer will not incur any penalty as a result of the refund.
Except in cases where GRUPARSA DIGITAL takes charge of collecting the Products for their return, GRUPARSA DIGITAL reserves the right to withhold the refund, depending on which condition is met first:
- until the Products have been received; or
- 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 purchase procedure.
The Customer will be responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
5.1. How to exercise the right of withdrawal
To exercise the right of withdrawal, the Customer must express their decision within the indicated period of 14 calendar days from the 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 may use the withdrawal form model below, although its use is not mandatory:
Withdrawal form template
Attention to:
GRUPARSA DIGITAL, S.L. (“GRUPARSA DIGITAL”),
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:
Customer Signature:
8. RETURNS FOR DAMAGE DURING TRANSPORT
The following return conditions for 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 damage or loss of the product transfers to the consumer when delivery is made effective. However, if one of our products has been damaged during transport or its package has been deteriorated during transport, the Customer may 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 the 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 the damage was suffered without fault or negligence of the Customer.
This clause is understood without prejudice to the rights of withdrawal and legal warranty that the consumer has.
9. LEGAL WARRANTY
All Products are subject to the three-year legal warranty from the date of delivery of the Products against non-conformities, in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Clients and other complementary laws.
The goods that GRUPARSA DIGITAL delivers or supplies to the Customer shall be considered in accordance with the contract when they meet the subjective and objective requirements established in the cited regulations.
For the purposes of the legal warranty, delivery shall be understood as made on the date shown on the corresponding invoice or delivery note, whichever is later.
If the good is not in conformity with the contract, to bring it into conformity, the Client will have the right to choose between repair or replacement, unless one of these two options is impossible or, compared to the other corrective measure, involves disproportionate costs for GRUPARSA DIGITAL, taking into account all circumstances, as well as whether the alternative corrective measure could be provided without major inconvenience to the Client.
Corrective measures to bring the product into conformity will be free of charge for the Client, will be carried out within a reasonable period, and will be performed without major inconvenience to the Client.
To exercise the warranty, prior presentation of the purchase invoice or document proving the purchase date is required.
10. INTELLECTUAL PROPERTY
GRUPARSA DIGITAL owns all intellectual or industrial property rights, or has sufficient authorization, over the Website and all its contents, including, without limitation, trademarks, source and object code, designs, interfaces, texts, images, videos or any other material, as well as the architecture, presentation, layout, and classification of the Website contents.
11. DATA PROTECTION
Any personal data provided by Clients during purchase through the Website will be processed in accordance with our Privacy Policy and, in case of cookie acceptance, the Cookie Policy.
12. NOTIFICATIONS
All communication between the Client and GRUPARSA DIGITAL will be carried out via email to the contact addresses indicated by GRUPARSA DIGITAL on the Website for relevant purposes, or by any means that provides proof of receipt to the persons 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 these General Conditions at any time and without prior notice.
Such modifications will take effect on the date of their publication on the Website or, where appropriate, on the date indicated.
GRUPARSA DIGITAL, as far as possible, will try to notify any changes, although the Client accepts the obligation to review these General Conditions periodically to be aware of such modifications and, in any case, before making purchases through the Website.
14. MISCELLANEOUS
If any clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, with the Agreement remaining in all other respects, considering such provision, or the part of it affected, as not included.
The headings of the different clauses are for informational purposes only and shall 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 it has breached in this Agreement shall not imply a future waiver of the application of that clause, whose compliance may be demanded at any time.
The Client acknowledges having read, understood, and agreed to these Terms, affirming that they are sufficient to exclude error in the consent of this Agreement and, therefore, accepts them fully and expressly.
15. INCIDENTS
If the Client detects any defect or error on the Website or Products appearing on it, they may contact GRUPARSA DIGITAL, indicating the detected defects/errors and attaching graphic evidence where they can be seen so that GRUPARSA DIGITAL can take the appropriate actions.
In this regard, GRUPARSA DIGITAL does not guarantee that the availability of the Website will be continuous and uninterrupted, as problems may occur on the Internet network, failures 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 waives any contractual or non-contractual liability claims against GRUPARSA DIGITAL for possible failures, errors, and use of the Website.
16. LANGUAGE, APPLICABLE LAW AND JURISDICTION
This Agreement may be made available to the Client in several languages. However, in case of doubt or contradiction between the different versions, the Spanish version published on the Website shall prevail at all times.
This Agreement and its execution are subject to Spanish law.
If any dispute arises regarding the interpretation or application of these contractual terms, the parties will negotiate in good faith to try to resolve such discrepancy or claim. However, if 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, inquiries or to make any claim, the Client may contact GRUPARSA DIGITAL at any time through the following channels:
- Postal address: Calle de las Utopías 18, 11130, Chiclana de la Frontera, Cádiz (Spain)
- Contact email: online@banoidea.com