1. GENERAL CONDITIONS OF CONTRACT
1.1 These General Conditions shall govern the business relations between INTERNET RETAIL COMPANY, SL. (hereinafter "INRETAIL") and the Clients who, through the INRETAIL website www.inretail.shop (hereinafter the "Website"), acquire the products that INRETAIL offers specifically for sale online.
1.2 These General Conditions have been prepared in accordance with the following Spanish regulations: Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce; Law 7/1998 on General Contracting Conditions and the Civil Code. The relationship between INRETAIL and the Client will be governed by Spanish law. In the event that the Client is a foreigner and does not have his domicile in Spanish territory, the application of the United Nations Convention on the International Sale of Goods (CISG), as well as any other rule of uniform law of supranational scope, is expressly excluded. The application of theSpanish conflict of law rules, in particular the rules of referral, is also expressly excluded.
1.3 INRETAIL may unilaterally modify, at any time it considers appropriate, the configuration and content of these General Conditions, respecting the rules of mandatory application. Nevertheless, the General Conditions applicable to a given transaction will be those in force at the time of its formalization.
1.4 The terms and conditions applicable to the purchase of Products offered for sale to the public by INRETAIL through its Website will be all those described in these General Conditions and detailed on the Website throughout the online purchase process. By using the Website, the Clients declare that they know and accept the different procedures necessary to access the different Products offered on the Website, as well as declare that they know and accept the obligations that they assume by formalising the purchase of the same.
2. IDENTIFICATION OF THE SELLER AND CUSTOMERS
2.1 The identification data of INRETAIL are as follows: Company name: INTERNET RETAIL COMPANY, S.L.; Tax Identification Number: B-12046926; Registered office: C/ Benlloch, Pol. Industrial Vía Europa, 4, 12550, Almazora (Castellón); E-mail address: firstname.lastname@example.org; Telephone number / fax: +34 964626515/+34 **; Registry information: Registered in the Mercantile Registry of Castellón in Volume 221, Book 103, Page 133, Sheet 1412.
3. PRODUCTS OFFERED
3.1 INRETAIL will publish, together with the image of each of the Products sold through the Website, the specific characteristics of each of them and the applicable sales price.
3.2 INRETAIL guarantees that the price of the Products will be the one in force on the day of the formalization of the purchase regardless of the day the order is delivered.
3.3 In case of applicable offers on the price of the Products, these will be indicated together with the initial price with a different typography that allows the Client to clearly identify the final price of the Product. In any case, the temporary period of validity of the offer will be indicated.
3.4 INRETAIL may, unilaterally and at any time, offer new Products for sale on the Website, as well as suspend or cancel, temporarily or indefinitely, any of the Products offered.
3.5 The prices established on the Website for each Product will be added to the taxes applicable to each specific operation and will be informed prior to the client's purchase request. INRETAIL undertakes to keep the prices updated in accordance with the tax applicable at any given time.
3.6 The price of each Product that will be informed to the client before his purchase request will include the shipping costs of the selected products.
4.1 The Products offered through this website are only available for shipment or collection in the Spanish and French territory.
5. PURCHASE SYSTEM
5.1 To place an order, the Client must select from the INRETAIL website the Products he wishes to purchase by creating a virtual shopping list and before placing the order he must have followed the steps below:
5.1.1 Read and understand the description of the products as it appears on this website. In case of doubt, the Customer should contact INRETAIL through the Customer Service contact phone number.
5.1.2 Read and understand the essential and technical characteristics of the products, which are available in the product information and technical information sections of the website. Among them, any statement regarding technical standards and performance relevant to the use you want to make of the product.
5.1.3 Consult on the website the indicated price of the products and possible promotions that may be applicable, being able to visualize and know the final price including VAT or tax that may be applicable, as well as the price of the transport service selected and if applicable the assembly price. The Client is informed beforehand and expressly acknowledges and accepts that the price of the Products appearing on the INRETAIL website may vary over time.
5.2 Once the Client has selected all the Products he wishes to buy, he must choose to have the Products delivered to his home by the transport service.
5.3 In order to place an order, the Client must have previously registered by filling in their details on a form. The Client is obliged to verify the data provided on the form, as well as the accuracy of the Products and services chosen, and must go back to the website to correct the data entered or any of the order details, if they are not accurate.
5.4 In case of conformity, the Client must make the payment by clicking on the "Pay Now" button. After payment, INRETAIL will immediately inform you by email of the confirmation of your order and will send you your Purchase Order together with these General Sales Conditions.
5.5 This website shows confirmation windows of the data provided which eventually do not allow to continue with the purchase if the data entered are not in the correct format. In any case, before making the payment, the Customer will be able to view the selected products and the details of his order on the website so that, if necessary, he can modify the data of his order. If an error is detected after the payment process has been completed, the Customer Service Department should be contacted at the following telephone number or e-mail address: +34 964 79 00 26 / email@example.com
5.6 EIf the order is actually placed, INRETAIL will file the document in which the contract is concluded. Likewise, it will send the general conditions of contract and the withdrawal document together with the order to the e-mail address that the Client has designated for this purpose, so that the Client will have the possibility to retrieve and save the general conditions of purchase.
6.1 INRETAIL will display on its website updated information on the availability and stock of products. Even so, it is possible that a product whose availability has been confirmed may have been sold out during the ordering process, so, in this case, INRETAIL will inform the Client of this situation by email and/or telephone, and will offer him/her the following alternatives:
A) The delivery of the product in a period longer than the one initially indicated, with the Client's agreement to this solution, without any additional cost.
B) The return of the price charged within a maximum of three working days, from the time the Customer indicates that this is the chosen alternative, by the same payment system used at the time of payment of the order. The amount to be returned will include the cost of the product delivery service that the Customer would have paid.
7. INVOICE AND PAYMENT
7.1 The Customer may use VISA and Mastercard, credit or debit cards as a means of payment. In order to do so, the Customer must enter the details of the card chosen for payment during the order payment process. INRETAIL has contracted with third party companies that guarantee the security of transactions on the website. All the data provided for this purpose are encrypted to guarantee maximum security and are hosted on a secure server certified according to the SSL protocol.
7.2 INRETAIL is not responsible for the lack of veracity of the data included by the Client at the time of placing the order, nor especially for the damage generated to third parties by the Client's illegitimate use of means of payment. It is not possible to pay for the purchase of the products or the service in any other way than that foreseen. In the case that the NIF indicated by the buyer is wrong or false, if such a defect cannot be corrected before the order is processed by INRETAIL, the order will be automatically cancelled and INRETAIL will proceed to refund the Client the amounts paid by him, after deducting the amounts that have been derived from such operation by way of commissions and bank charges.
7.3 The Client will receive an invoice in paper format without additional charge and will be able to request, if he wishes, the sending of the corresponding invoice in electronic format. The invoice will be sent to the e-mail address duly indicated by the Customer.
7.4 In accordance with Royal Decree 1619/2012 of 30 November approving the regulations governing invoicing obligations:
7.4.1. Invoices must be issued at the time of the operation
7.4.2. By way of derogation from the preceding paragraph, where the recipient of the transaction is a trader or professional acting in that capacity, invoices shall be issued before the 16th day of the month following that in which the chargeable event for the transaction occurred.
7.4.3. In the case of supplies of goods to traders or entrepreneurs established in another Member State of the European Union, invoices shall be issued before the 16th day of the month following that in which dispatch or transport of the goods to the purchaser begins.
8. TERMS AND DELIVERY CONDITIONS
8.1 Unless there are unforeseen or extraordinary circumstances, we will send you the order listed in each Shipping Confirmation within the time limit indicated on the website according to the Product selected.
8.2 No home deliveries will be made on Saturdays, Sundays or public holidays. It will be understood that "delivery" has taken place or that the order has been "delivered" at the moment in which the Client or a third party indicated by the Client takes material possession of the Products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
8.3 Delivery and unloading conditions - Our transport partners will contact you in advance to confirm the delivery date. Deliveries will always be made at street level, on the ground floor with easy access, without any obstacles or unevenness.
If you are in a special delivery situation, such as deliveries at a special time, in a loading or unloading area, in a shopping centre, on the floor, or in any other circumstance different from ordinary deliveries, please indicate this on the purchase form and inform our sales agent before sending the order.
Special deliveries to floors other than the ground floor will have an extra cost of 60 / hour.
8.4 All our products leave our factory in perfect condition and packed in a wooden box that guarantees correct reception. In addition, all our shipments are subject to transport insurance which, in the event of any incident occurring during the journey, the company will be responsible for any possible damage. To do this, we need the customer to check the package immediately at reception and in the event of any suspicion of damage (damaged, broken box) write "DO NOT CONFORM WITH THE RECEPTION" on the delivery note and take photos of the box and send them immediately to firstname.lastname@example.org, otherwise the transport company will not be responsible for the corresponding compensation.
9. MANUFACTURING DEFECT
9.1 As Inretail furniture is made to measure according to each customer's specifications, product returns are not accepted unless there is a manufacturing defect. Returns will only be accepted in the event of a manufacturing defect, in which case the provisions of Articles 1.484 to 1.491 of the Civil Code shall apply. In this case, please contact Inretail, sending an email to email@example.com indicating the following information: - Definition of the defect - Photographs - Shipping label
9.2 If it is a manufacturing defect, INRETAIL will evaluate the claim as soon as possible, and proceed to reimburse, replace, or repair the product, depending on the problem (for example if one of the parts on the counter does not fit because of a manufacturing error, the correct part will be sent back to the customer at no cost). If the defect is the result of an error on the part of the customer (confirmation of an inadequate design proposal, measurement error etc) no refund will be accepted. If the customer chooses the self-assembly option, INRETAIL will not be responsible for the product once it has been assembled and/or installed, so we recommend that you check all the parts before assembling the furniture according to the exploded drawings and follow the assembly instructions provided by INRETAIL at all times.
9.3 There shall be no liability for any lack of conformity which the customer was aware of or could not reasonably have been unaware of at the time of conclusion of the contract or which arises from materials supplied by the consumer and customer. This does not include defects caused by negligence, impact, improper use or handling, unsuitable voltage, incorrect installation by unauthorised personnel or materials subject to wear and tear through normal use. Non-conformity resulting from incorrect installation of the product will be equated to non-conformity of the product when the installation is included in the sales contract and has been carried out by the seller or under his responsibility, or by the customer when the defective installation is due to an error in the installation instructions.
9.4 The Client must inform INRETAIL of the existence of the above-mentioned lack of conformity within SIX MONTHS (6) of the purchase of the Product.
9.5 If the existence of a lack of conformity in the Product is confirmed, INRETAIL will carry out the replacement of the Product without any cost for the Client, within a reasonable period which will not be more than fifteen (15) days after the collection of the Product by INRETAIL. If the replacement of the Product is not possible, the Client can choose between (i) requesting a reduction in the price of the Product in proportion to the lack of conformity of the Product or (ii) terminating the Contract. However, the termination will not take place when the lack of conformity of the Product is of little importance, in accordance with the applicable regulations.
10.1 For any communication that is necessary between INRETAIL and the Users, the latter should contact INRETAIL by sending an e-mail to firstname.lastname@example.org. In turn, INRETAIL will contact the Clients through the e-mail address they have indicated in the corresponding form when making the purchase.
11. APPLICABLE LEGISLATION AND JURISDICTION.
11.1 This contract will be governed by the Spanish legislation that is applicable in the matters that are not provided for in this contract in terms of interpretation, validity and execution. The conflicts that may arise from the application of these rules will be submitted to the jurisdiction of the Courts of Castellón, Spain.