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GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter, the "General Conditions") will apply to any purchase made by an Internet user / natural person (hereinafter, the "CLIENT") on the website https://www.clasicaslegendarias.com/shop/es/ (hereinafter, the "WEBSITE") to Clásicas Legendarias S.L. (hereinafter, "CLASICAS LEGENDARIAS") natural person, registered in the Mercantile Registry Valencia, Volume 9599, Book 6881, Folio 43, Section 8, Sheet V152916, Insc. 1ª, with registered office at Avenida Lepanto, S/N 46640 Mogente–Valencia and C.I.F. B98516685. You can contact CLASICAS LEGENDARIAS at:
- Phone: +34 962257142
- email: info@clasicaslegendarias.com
IMPORTANT
Any order placed on the WEBSITE necessarily implies the unreserved acceptance by the CLIENT of these general conditions.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
- « CLIENT » : refers to the co-contractor of CLASICAS LEGENDARIAS, which guarantees to have the quality of consumer as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CLIENT acts outside of any usual or commercial activity.
- « SELLER » refers to CLASICAS LEGENDARIAS, supplier of the PRODUCTS contracted by the CLIENT.
- « DELIVERY » : refers to the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated in the order.
- « PRODUCTS » : refers to the set of products available on the WEBSITE.
- « TERRITORY » : refers to SPAIN.
Article 2. Object
These General Conditions regulate the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must contact the COMMERCIAL SERVICE of the SELLER in order to benefit from specific contractual conditions.
If the CLIENT does not accept these terms and conditions, please refrain from continuing to use our WEBSITE.
Article 3. Acceptance of the general conditions
The CLIENT undertakes to carefully read these General Conditions and accepts them, before proceeding to the payment of the order of the PRODUCTS made on the WEBSITE.
These General Conditions are inserted at the bottom of each page of the WEBSITE by means of a link and must be consulted before the order can be placed. The CLIENT is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions at the time of placing a new order, the latest version of which is applicable to each of them.
By clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products on the WEBSITE.
In order to purchase any PRODUCT, the CUSTOMER must be over 18 years of age and have sufficient legal capacity or, if he is a minor, be able to justify the permission of his legal representatives. The CLIENT is invited to provide the necessary information to identify him, completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check on the WEBSITE the status of his order. The tracking of the DELIVERY can, where appropriate, be carried out online through the services of certain carriers. The CUSTOMER may also contact the SELLER's commercial service at any time by email at the address info@clasicaslegendarias.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER at the time of placing the order must be complete, accurate and up-to-date. The SELLER reserves the right to request the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of the PRODUCTS
The SELLER will strive to present as clear as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CLIENT must receive under the applicable law.
The CLIENT undertakes to carefully read this information before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and the rules applicable in Spain.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).
5.2.1. Selection of PRODUCTS and purchase options.
The CLIENT must select the PRODUCT(s) of his choice, clicking on the chosen PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CUSTOMER's shopping cart. The latter may then add as many additional PRODUCTS as it wishes.
5.2.2. Orders
Once the PRODUCTS have been selected and stored in their basket, the CUSTOMER must click on the basket and verify that the content of their order is correct. If the CLIENT has not already done so, then he will be invited to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will appear automatically completed and recapitulating the price, the applicable fees and, where appropriate, the delivery costs.
The CUSTOMER is invited to verify the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions provided on the WEBSITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different options available, their specific references appear when the correct options have been selected. The orders placed must include all the information necessary for the proper treatment of the order.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the stages described above have been completed, one will appear on the WEBSITE in order to express acknowledgment of receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CUSTOMER by email, provided that the email address communicated in the form is correct.
The SELLER will not send any order confirmation by post or telematic mail.
5.2.4. Invoicing
Through the order, the CUSTOMER must provide the necessary information for invoicing (the sign (*) will indicate the mandatory fields that must be filled in so that the CUSTOMER's order is processed by the SELLER).
The CUSTOMER must also clearly indicate all the information related to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address.
Neither the order receipt that the CLIENT has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CLIENT by email constitute any invoice. Whatever the mode of order or payment used, the CUSTOMER will receive the original of the invoice at the time of DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The date of the order is the date on which the SELLER accuses the online receipt of the same. The deadlines indicated on the WEBSITE do not begin to count until that date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices indicated in euros, taxes included, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) with the rate applicable on the date of the order. Any modification of the fee may be passed on to the PRODUCTS counting from the date of entry into force of the same.
The applicable RATE OF VAT shall be expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers may be modified. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.
The applicable prices will be those indicated on the WEBSITE at the date of placing the order by the CUSTOMER.
5.5. Availability of PRODUCTS.
The SELLER will apply a "just in time" stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the stocks of the SELLER's physical warehouse.
The SELLER undertakes to fulfill the orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT shall, in principle, be indicated on the page of the PRODUCT in question. Otherwise, the CUSTOMERS may also be informed of the new replacement of the PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay, if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Send all products together, from the moment in which the unstocked PRODUCTS are again available.
Proceed to a partial shipment of the PRODUCTS available at that time, and send the rest of the order when the others are, with express mention regarding the additional transport costs that could be derived.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums disbursed for said PRODUCTS within thirty (30) days after payment.
Article 6. Right of withdrawal
The modalities of the right of withdrawal are provided for in the "withdrawal policy", available in Annex 1 to these General Conditions and accessible under each page of the WEBSITE via hyperlink.
Article 7. Payment
7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the WEBSITE following the means proposed by the SELLER.
The CLIENT guarantees the SELLER that he has all the authorizations required for the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment box on the WEBSITE.
It is specified that all the information related to the payment made is transmitted to the bank of the WEBSITE and is not treated on the WEBSITE.
7.2. Date of payment
In case of one-time payment by credit card, the CUSTOMER's account will be debited at the time of ordering the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delay at the time the first package is sent. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Delays or refusal of payment.
If the bank rejects the debit of a credit card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CUSTOMER is impossible, the order will be canceled and the sale automatically rescinded.
Article 8. Test and archive.
Any contract concluded by the CUSTOMER corresponding to an order exceeding € 120 (taxes included) will be filed by the SELLER for a period of 5 years.
The SELLER agrees to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.
In the event of a dispute, the SELLER shall have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until the moment of full payment by the CUSTOMER.
The above provisions are not an obstacle to the transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that may entail.
Article 10. Delivery
The delivery methods of the PRODUCTS are those provided for in the "delivery policy" contemplated in Annex 2 of these General Conditions and accessible under each page of the WEBSITE via hyperlink.
Article 11. Packing
The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CUSTOMERS undertake to respect the same rules when returning the PRODUCTS in accordance with the conditions set out in Annex 1 – Withdrawal Policy.
Article 12. Guarantees.
12.1. Guarantee of conformity.
The SELLER undertakes to deliver a PRODUCT in conformity, that is, its own to the expected use consisting of a similar good, corresponding to the description provided on the WEBSITE. This conformity also implies that the PRODUCT presents the qualities that a buyer can legitimately expect with respect to the public statements made by the SELLER, including promotion and labeling.
In this context, the SELLER is liable to respond to defects in conformity existing at the time of delivery and lack of conformity resulting from the packaging, assembly instructions or installation when this is put in charge or has been carried out under its responsibility.
The action that arises for lack of conformity prescribes two (2) years from the delivery of the PRODUCT.
In case of lack of conformity, the CLIENT may request, at his choice, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the CUSTOMER's choice is manifestly disproportionate to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to the refund, without attending to the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 days from receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address c / rio tormes s / n.
The CLIENT is exempt from providing proof of the existence of a defect of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee consented, if any, on the PRODUCTS.
12.2. Guarantee for hidden defects
The SELLER undertakes to guarantee the hidden defects of the PRODUCT sold that may become defective for the use for which it should be intended, or that reduce it in such a way that the CLIENT would not have acquired it or would have paid a lower price, if he had known it.
This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between the refund of the price of the PRODUCT if it is returned or the refund of part of the price if it is not refunded.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) days after receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address c / rio tormes s / n.
The action resulting from hidden defects must be filed by the CLIENT within a period of two (2) years from the discovery of the defect.
Article 13. Responsibility.
The responsibility of the SELLER may not in any case be established in case of non-execution or poor execution of the contractual obligations attributable to the CLIENT, when carrying out his order.
The SELLER may not be liable, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.
Article 14. Personal data
In all matters relating to the personal data collected by the WEBSITE, please refer to our Privacy Policy.
Article 15. Claims
The SELLER makes available to the CUSTOMER a "Telephone Service to the Customer" with the following number: 962257142 (normal rate telephone). Any written claim of the CLIENT must be transmitted to the following address: Avenida Lepanto, S/N 46640 Mogente – Valencia.
Article 16. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of the competent court invalidating one or more clauses of these General Conditions may not affect the validity of the rest of them.
Such modification or decision does not authorize in any case the CLIENTS to ignore these General Conditions.
All conditions not expressly treated herein will be regulated in accordance with the uses of the private trade sector.
Article 17. Modifications to the General Conditions
These General Conditions apply to all purchases made online on the WEBSITE, provided that the WEBSITE is available.
The General Conditions will be dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions will be those that are in force at the time of the order.
The modifications made to the General Conditions will not be applicable to the PRODUCTS already purchased.
Article 18. Jurisdiction and applicable law
THESE GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN CUSTOMER AND SELLER ARE GOVERNED BY SPANISH LAW.
IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.
Likewise, prior to any remedy of arbitration or in court, the negotiation between the parties in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any conflict relating to this contract, including regarding its validity, shall prevail.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences will be submitted to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the dispute under negotiation. As an exception, the parties will be authorized to go to the jurisdiction of the precautionary measures or the implementation of a procedure does not entail by the parties the waiver of any clause of amicable agreement, unless expressly otherwise expressed.
ANNEX 1
WITHDRAWAL POLICY
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire in fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the customer, take possession of the last PRODUCT delivered.
If the CUSTOMER's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire in fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the customer, takes possession of the last PRODUCT delivered.
Notification of the right of withdrawal.
To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw by means of a declaration made unequivocally (for example, by letter sent by mail, fax or email) to: Avenida Lepanto, S/N 46640 Mogente – Valencia or info@clasicaslegendarias.com
For this purpose, you may also use the following form:
WITHDRAWAL FORM
To the attention of [*] (*coordinates of the SELLER)
SELLER's phone number: 962257142
SELLER's email address: info@clasicaslegendarias.com
I hereby notify you of my withdrawal from the contract concerning the sale of the following PRODUCT:
PRODUCT Reference:
Invoice number:
Order certificate number:
- Ordered on [_______________________________________________________________________________________
- Means of payment used:
- Name of the CLIENT and, where appropriate, of the beneficiary of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of the CLIENT (except in case of transmission by mail)
- Date
In order for the right of withdrawal to be respected, the CLIENT must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.
EFFECTS OF WITHDRAWAL
In case of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse him for all the sums paid, including delivery costs (with the exception of additional expenses, originated where appropriate, by the CUSTOMER's choice of a mode of transport different from the standard proposed by the SELLER) without excessive delays and, in any case, at the latest in the following fourteen (14) calendar days from the day on which the SELLER was informed of the CLIENT's willingness to desist.
The SELLER will proceed to the refund using the same means of payment as the one used for the initial transmission, unless the CLIENT expressly agrees to a different means, in any case, this refund will not entail any cost for the CLIENT.
The SELLER may defer the refund until receipt of the good or until the CUSTOMER shows proof of having dispatched the good, the date retained will be the first of these two.
RETURN MODALITIES
The CLIENT must, without excessive delay and, in any case, at the latest within fourteen (14) days following the communication of his decision to withdraw from this contract, forward the good to: Avenida Lepanto, S / N 46640 Mogente – Valencia
This period is understood to be respected if the CLIENT sends the PRODUCT before the expiration of fourteen (14) days.
RETURN COSTS
The SELLER will be responsible for the direct costs of reshipment.
Condition of the returned property
The PRODUCT must be returned following the instructions of the SELLER and including all accessories delivered.
The responsibility of the CLIENT does not proceed except for the depreciation of the good resulting from other manipulations than those derived from a normal use of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but will not be able to oppose his responsibility if it comes from manipulations other than those ordinary in the use of the same.
PACKING
The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENT must respect the same rules as the return of the same. In this sense, the CLIENT may return the PRODUCT that does not suit him in its original packaging and in good condition, ready for remarketing.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations in the financial market.
Supply of goods made according to customer specifications or clearly customized.
Supply of goods that may deteriorate or expire quickly.
Provision of audio or video recordings or sealed programs that have been sealed after delivery.
Newspapers or magazines (except subscription contract).
Provision of accommodation service for purposes other than residential, transport of goods, car rental, catering or services linked to leisure activities if the offer provides for a specific execution date.
Supply of goods that by their nature require to be combined with other products.
Supply of sealed goods that cannot be forwarded for protection reasons
Supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on the fluctuation of the market and beyond the influence made by the SELLER.
Supply of a content number not supplied in a dematerialized form if the execution has begun with the prior agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal.
Contracts formalized in public auctions.
ANNEX 2
DELIVERY POLICY
DELIVERY AREA
The PRODUCTS can only be delivered in the TERRITORY. It is impossible to place an order whose delivery address is located outside it.
The PRODUCTS will be shipped to the delivery address(es) that the CUSTOMER will indicate in the order procedure.
SHIPPING TIME
The deadline to prepare an order and establish the invoice of all those products that are in stock in the physical facilities of the VENDEDO is mentioned on the WEBSITE. These deadlines will be understood without counting weekends and holidays.
An email will be automatically sent to the CUSTOMER at the time of sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.
DELIVERY TIME AND COSTS
In the course of the order process, the SELLER will indicate to the CUSTOMER the deadlines and possible shipping formulas for the PRODUCTS purchased.
Shipping costs will be calculated according to the mode of delivery.
The amount of these costs will be due by the CUSTOMER in payment other than that of the PRODUCTS purchased.
Details of delivery times and costs will be detailed on the WEBSITE.
DELIVERY METHODS
The package will be delivered to the CLIENT after signing and presentation of their identity document.
In case of absence, the CLIENT will be notified, so that in this way he can pick up the PRODUCT at the nearest post office.
DELIVERY ISSUES
The CUSTOMER will be informed of the delivery date set at the time of the choice of the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made no later than thirty (30) days. In the absence of delivery, the CUSTOMER must require the SELLER to deliver within a reasonable time and if he cannot terminate the contract.
The SELLER will refund, without undue delay from the date of receipt of the letter of withdrawal, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CUSTOMER for the purchase of the PRODUCTS.
The SELLER will be responsible for the delivery of the PRODUCT to the CUSTOMER. It should be remembered that the CLIENT has a period of three (3) days to notify the carrier of the breakdowns or partial losses found by the delivery.