GENERAL SALES CONDITIONS
These general conditions of sale (hereinafter, the "General Conditions") shall apply to any purchase made by an Internet user / individual (hereinafter, the "CUSTOMER") on the website https://www.telecajas.com (hereinafter, the "WEBSITE") to TELECAJAS A DOMICILIO, S.L., SOCIEDAD LIMITADA, registered in the commercial register SEVILLA, with the number SEVILLA Commercial Register in volume 2.686 Folio 1, Page SE-33.062, inscription 1a, with registered office in CELULOSA, 83 B41915521 and with NIF number B41915521, Spanish telephone number: 665532358, (hereinafter, the "VENDOR").
Any order placed on the WEBSITE necessarily implies unreserved acceptance by the CUSTOMER of these general conditions.
Article 1. Definitions
- "CUSTOMER " the CUSTOMER: refers to the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity. A ce titre, il est expressément prévu que ce CLIENT agit en dehors de toute activité habituelle ou commerciale.
- "DELIVERY " means the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated in the order.
- "PRODUCTS " : refers to all the products available on the WEBSITE.
- " TERRITORY " refers to SPAIN.
Article 2. Object
The CLIENT is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department 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 terms and conditions
The present General Conditions are inserted at the bottom of each page of the WEBSITE by means of a link and must be consulted before being able to place an order. 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, being the latest version of the same applicable to each of them.
By clicking on the first button to place the order and on the second button to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products on the WEBSITE.
The information provided by the CUSTOMER to the SELLER at the time of placing the order must be complete, accurate and up to date. The VENDOR reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, its eligibility and the information provided.
Article 5. Orders
The SELLER shall endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE.
The VENDOR reserves the right to modify the selection of PRODUCTS available on the WEBSITE, in particular in the event of problems with its suppliers.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the regulations applicable in Spain.
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).
The CUSTOMER must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) chosen and selecting the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be saved in the CUSTOMER's shopping cart. The latter will then be able to add as many additional PRODUCTS as he/she wishes.
Once the PRODUCTS have been selected and saved in the basket, the CUSTOMER must click on the basket and verify that the content of his order is correct. If the CUSTOMER has not yet done so, he/she will then be invited to identify him/herself or to register.
Once the CUSTOMER has validated the contents of the basket and has logged in/registered, an automatically completed online form will appear with a summary of the price, applicable fees and, if applicable, delivery charges.
The CUSTOMER is invited to verify the content of his order (including the quantity, the 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 pay for the PRODUCTS by following the instructions provided on the WEBSITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS with different options available, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the order to be processed correctly.
The CUSTOMER must also select the chosen delivery method.
Once all the steps described above have been completed, a confirmation of receipt of the CUSTOMER's order will appear on the WEBSITE. A copy of the acknowledgement of receipt of the order will be automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated in the form is correct.
The SELLER will not send any order confirmation by postal or telematic mail.
Through the order, the CUSTOMER must provide the necessary information for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the VENDOR).
The CUSTOMER shall also clearly indicate all information relating 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 CUSTOMER has placed online, nor the acknowledgement of receipt of the order that the VENDOR sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice at the time of DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to run until that date.
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).
The prices include in particular the value added tax (VAT) at the rate applicable on the date of the order. Any change in the rate may be passed on to the PRODUCTS as from the date on which it becomes effective.
The applicable VAT rate shall be expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. They may also be modified in the event of special offers or sales.
The applicable prices shall be those indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
The SELLER shall apply a "just in time" stock management. Consequently, depending on the case, the availability of the PRODUCTS will depend on their existence in the SELLER's stocks.
The SELLER undertakes to fulfill 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. CUSTOMERS may also be informed of the restocking of the PRODUCT by the VENDOR.
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:
Ship all PRODUCTS together, as soon as the out-of-stock PRODUCTS are available again.
Proceed to a partial shipment of the PRODUCTS available at that moment, and send the rest of the order when the others are available, with express mention of the additional transport costs that may arise.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for such PRODUCTS within thirty (30) days after payment.
Article 6. Right of withdrawal
Article 7. Payment
The CUSTOMER can pay for his PRODUCTS online on the WEBSITE by following the means proposed by the VENDOR.
The CLIENT guarantees to the VENDOR that he/she has all the required authorizations for the chosen means of payment.
The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online in the context of the online payment on the WEBSITE.
It is specified that all information relating to the payment made is transmitted to the WEBSITE's bank and is not processed on the WEBSITE.
In case of single payment by credit card, the CUSTOMER's account will be debited at the time of the order of the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account without delay at the time the first package is shipped. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a credit card or other means of payment, the CUSTOMER shall 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, refusal or other, the transmission of the cash flow due by the CUSTOMER is impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving.
The SELLER agrees to file 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 CUSTOMER.
In case of dispute, the SELLER shall have the possibility to prove that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of Ownership.
The above provisions are not an obstacle to the transmission to the CUSTOMER, at the time of receipt by himself or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS which are the subject of the reservation of title, as well as the risks of damage which they may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees.
In this context, the SELLER is liable for defects of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation when this is carried out under its responsibility.
The action arising from lack of conformity shall be barred after two (2) years from the delivery of the PRODUCT.
In case of non-conformity, the CUSTOMER may request, at its 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 VENDOR may proceed to reimburse the CUSTOMER, regardless of the option chosen by the CUSTOMER.
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 AV ASTRONOMIA SN TORRE 2 LOCAL 26, B41915521.
The CUSTOMER is exempted 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 warranty of conformity applies independently of the commercial warranty, if any, on the PRODUCTS.
This warranty allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the PRODUCT if it is returned or reimbursement of part of the price if it is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address AV ASTRONOMIA SN TORRE 2 LOCAL 26, B41915521.
The resulting action for hidden defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect.
Article 13. Liability.
The SELLER may not be held liable, or considered in breach of the General Conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure or an act of God as defined by the jurisprudence of the Spanish Courts.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability related to the information published therein. Hyperlinks to these websites are provided for information purposes only and do not imply any guarantee as to their content.
Article 14. Personal data
The SELLER, with address at […].
The information we have about you is the information you have provided us initially and the information generated during the relationship and interactions.
The data collected by the VENDOR will be used for the purpose of processing your orders placed through the WEBSITE, managing the CLIENT's account, analyzing your orders and, sending you mailings for promotional purposes, newsletters, promotional offers and/or information on products and services similar to those purchased, unless the CLIENT does not wish to receive such communications from the VENDOR.
CUSTOMERS may object to receiving promotional e-mails at any time by logging into their account or by clicking on the hyperlink provided for this purpose under each offer received by e-mail, or by sending an e-mail to the Data Protection Officer.
The processing of the CUSTOMER's personal data related to the maintenance of his relationship with the VENDOR as a customer, is legitimized by the following results necessary to fulfill the contractual obligations derived from this relationship.
The processing of the CUSTOMER's personal data for the sending of promotional information about products and services of the VENDOR similar to those that were initially contracted with the CUSTOMER, responds to a legitimate interest of the VENDOR and is authorized by the regulations in force.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order. For commercial purposes, the SELLER may transfer the names and coordinates of its CUSTOMERS to its partners, provided that the CUSTOMERS have given their prior agreement at the time of their registration on the WEBSITE. The VENDOR will specifically ask the CUSTOMERS if they want their personal data to be disclosed. The CUSTOMERS may change their mind at any time by contacting the SELLER. The VENDOR may also ask its CUSTOMERS if they wish to receive commercial information from its partners.
The SELLER has contracted the services of technological suppliers located in countries that do not have regulations equivalent to the European one ("Third Countries"). These suppliers have signed with the SELLER the confidentiality and data processing contracts required by the regulations for suppliers located in Third Countries, applying the necessary guarantees and safeguards to preserve the privacy of the CUSTOMER. In particular, the [referencia a las garantías adecuadas o apropiadas, i.e. Privacy Shield, etc.]
The personal data will be kept as long as the CUSTOMER maintains the relationship with the VENDOR and, after the termination of such relationship for any reason, during the applicable legal statute of limitations. In this case, they will be processed for the sole purpose of accrediting compliance with the legal or contractual obligations of the SELLER. At the end of such limitation periods, the CUSTOMER's data will be deleted or, alternatively, anonymized.
In accordance with Regulation (EU) 2016/679 on the Protection of Personal Data, the CLIENT benefits from a right of access, rectification, opposition (on legitimate grounds) and the deletion, portability, and/or limitation of this personal data. Likewise, the CLIENT will also have the right to withdraw his consent at any time for processing based on consent, without affecting the lawfulness of the processing based on consent prior to its withdrawal. You may exercise these rights by sending a message from our fcontact form, or by sending a letter to AV ASTRONOMIA SN TORRE 2 LOCAL 26, B41915521. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity card, or by sending a photocopy of it to the VENDOR.
Likewise, if the CUSTOMER considers that the processing of his/her personal data violates the regulations or his/her privacy rights, he/she may file a complaint:
- Before the Spanish Data Protection Agency, through its electronic headquarters, or its postal address.
This WEBSITE uses its own cookies and third-party cookies.
You can allow, block or delete cookies installed on your computer by configuring the browser options installed on your computer, if you do not allow the installation of cookies on your browser you may not be able to access some sections of our website.
Article 15. Complaints
Article 16. Intellectual property
These elements are the exclusive property of the SELLER. Any person who edits a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the VENDOR in writing.
This authorization by the SELLER shall in no case be agreed upon definitively. This hyperlink shall be deleted at the VENDOR's request. Hyperlinks to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Conditions
Such modification or decision does not authorize in any case the CUSTOMERS to disregard the present General Conditions.
All conditions not expressly addressed herein shall be governed in accordance with the customs of the retail trade sector.
Article 18. Modifications to the General Conditions
The General Conditions shall be dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions shall be those in force at the time of the order.
The modifications made to the General Conditions shall not apply to PRODUCTS already purchased.
Jurisdiction and applicable law
IN CASE OF LITIGATION, ONLY THE SPANISH COURTS SHALL HAVE JURISDICTION.
Likewise, prior to any recourse to arbitration or in court, negotiation between the parties shall prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any dispute relating to this contract, including its validity.
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 dispute. If at the end of a period of fifteen (15) days, the parties are unable to reach an understanding, the differences shall be submitted to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited from bringing any legal action against each other for the dispute under negotiation. As an exception, the parties shall be authorized to resort to the jurisdiction of injunctive relief or the initiation of a procedure does not entail the waiver by the parties of any amicable settlement clause, unless they expressly wish otherwise.
ANNEX 1 WITHDRAWAL POLICY
The Customer has as a matter of principle the right to return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of its notice to withdraw, unless the SELLER proposes to take back the PRODUCT itself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes possession of the PRODUCT.
In case the CUSTOMER has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire in fourteen (14) calendar days following the day on which the CUSTOMER, or a third party other than the carrier and designated by the customer, takes possession of the last PRODUCT delivered.
If the CUSTOMER's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) calendar days after the day on which the CUSTOMER, 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 its right of withdrawal, the CUSTOMER must notify its decision to withdraw by means of a statement made in an unequivocal manner (e.g. by letter sent by mail, fax or e-mail) to: AV ASTRONOMIA SN TORRE 2 LOCAL 26, B41915521 or from thecontact form
The following form may also be used for this purpose:
VENDOR'S telephone number
VENDOR'S fax number
VENDOR's e-mail address
I hereby notify you of my withdrawal from the contract concerning the sale of the following PRODUCT
Order certificate no. :
- Ordered on [____________]/Recibido el [________________]
- Payment method used :
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- CUSTOMER'S ADDRESS :
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by mail)
For the right of withdrawal to be respected, the CUSTOMER must transmit its communication concerning the exercise of the right of withdrawal before the expiration of the deadline.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the CUSTOMER for all sums paid, including delivery costs (with the exception of additional costs, if any, arising from the CUSTOMER's choice of a mode of transport other than the standard one proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) calendar days after the day on which the SELLER was informed of the CUSTOMER's wish to withdraw.
The SELLER shall proceed to the reimbursement 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 reimbursement shall not entail any cost for the CLIENT.
The SELLER may defer reimbursement until receipt of the good or until the CUSTOMER shows proof of having shipped the good, the retained date will be the earlier of these two.
The CUSTOMER shall, without undue delay and, in any case, at the latest within fourteen (14) days following the communication of its decision to withdraw from this contract, resend the good to: AV ASTRONOMIA SN TORRE 2 LOCAL 26, B41915521
This term is understood to be respected if the CUSTOMER sends the PRODUCT before the expiration of the fourteen (14) days.
The SELLER shall bear the direct cost of reshipping.
Condition of returned goods
The PRODUCT must be returned according to the instructions of the SELLER and including all the accessories delivered.
The responsibility of the CUSTOMER does not proceed except for the depreciation of the good resulting from manipulations other than those deriving from a normal use of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but cannot be held liable if it is the result of manipulations other than ordinary use of the PRODUCT.
The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CUSTOMER must respect the same rules for the return of the same. In this sense, the CUSTOMER 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:
- Provision of goods or services whose price depends on the fluctuations of the financial market.
- Supply of goods made to customer specifications or clearly customized.
- Supply of goods likely to deteriorate or expire rapidly.
- Provision of audio or video recordings or sealed programs that have been unsealed after delivery.
- Newspapers or magazines (except subscription contract).
- Provision of accommodation services for purposes other than residential, transportation of goods, car rental, catering or services related 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 reshipped for security reasons
- Supply of alcoholic beverages whose price has been agreed upon 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 is beyond the influence of the SELLER.
- Supply of a number of contents not supplied in dematerialized form if the performance 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.
The PRODUCTS can only be delivered in the TERRITORY and it is impossible to place an order with a delivery address outside the TERRITORY.
The PRODUCTS will be shipped to the delivery address(es) indicated by the CUSTOMER in the order procedure.
The deadline for preparing an order and establishing the invoice, prior to the shipment of the PRODUCTS in stock is mentioned on the WEBSITE. These deadlines shall be understood excluding weekends and holidays.
An email will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address given at the time of sending the form is correct.
Delivery time and costs
During the ordering process, the SELLER will indicate to the CUSTOMER the possible delivery times and delivery methods for the PRODUCTS purchased.
Shipping costs will be calculated according to the mode of delivery.
The amount of these costs shall be due by the CUSTOMER in payment distinct from the amount of the PRODUCTS purchased.
Details of delivery times and costs will be detailed on the WEBSITE.
The package will be delivered to the CUSTOMER upon signature and presentation of his/her identity document.
In case of absence, the CUSTOMER will be notified in order to allow him/her to pick up the PRODUCT at the nearest post office.
The CUSTOMER will be informed of the delivery date set at the time of the choice of carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries shall be made no later than thirty (30) days. In the absence of delivery, the CUSTOMER shall require the SELLER to deliver the goods within a reasonable period of time, failing which the CUSTOMER may terminate the contract.
The SELLER shall reimburse, without undue delay from the date of receipt of the letter of termination, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same means of payment used by the CUSTOMER for the purchase of the PRODUCTS.
The SELLER shall be responsible for the delivery of the PRODUCT to the CUSTOMER. It should be remembered that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss found during delivery.