The Company may, at any time and without prior notice, modify these General Conditions. It is therefore an essential requirement that, prior to making each purchase, the Customer reads and accepts these Conditions. Any purchase of articles made through the Site presupposes the reading, knowledge, full and unreserved acceptance and validity of each and every one of the General Conditions, which will be considered as automatically incorporated into the contract to be signed, without the need for a written transcription of the contract. These General Conditions constitute a binding legal agreement between the Client and the Company and are subject to modification and updating.
In general, the relations between the Company and the Users of its telematic services, present on the web, are subject to Spanish legislation and jurisdiction.
The Conditions applicable to the order of an article by a Client are those in force on the day the order is placed.
The information (name, definition, reproduction of the articles and detailed description: properties, characteristics and composition…) relating to all the articles appearing on the Site are arranged without prejudice to the greatest care and accuracy. The faithful reproduction of the images and colours of the products displayed may not, however, accurately reflect the reality of the specific characteristics due to the Internet browser or screen used; these are only indicative and have no contractual value.
To make a purchase it is necessary to be registered by proceeding to the registration of the personal data requested, entering a user name and password, which are personal and non-transferable. To place an order the Customer must be of legal age and possess legal capacity.
The Customer undertakes that the information and personal data that he/she communicates to the Customer Service Department or on the Site as part of the order will be complete, accurate and up to date, in accordance with these general conditions. Failing this, the Company reserves the right to cancel the order immediately.
The reception of orders is subject to the strict respect of the procedures described below, specified by a succession of screens indicating the successive phases that the Customer must imperatively respect in order to process his order.
CONFIRMATION OF THE ORDER
The Company will send by e-mail the confirmation of the order with the data related to your purchase. The e-mails will be totally valid between the parties, in the same way as the automatic registration systems used on the Site. In addition, the Company will keep the data relating to any order for a period of 4 years and will make them available to the Client.
CANCELLATION OF THE ORDER
The Company reserves the right to refuse an order which has been placed by a Client with whom there is a dispute concerning the non-payment of a previous order. If the Company finds that the order does not meet the requirements of these General Conditions, it shall inform the Client by telephone or by e-mail as soon as possible.
In the event that the Client does not proceed to remedy the defects in its order, the Company reserves the right to cancel the order.
The Company reserves the right to cancel any outstanding orders by bank transfer within two days of the date of purchase.
The Company shall not be liable for: – The interruptions or delays recorded by the Customer Service or on the Site, due to the execution of maintenance work, technical breakdowns, cases of force majeure or due to third parties or any circumstance beyond their control. – The inability of the Client or the Company to contact the Customer Service and/or access the Site momentarily, due to circumstances beyond their control, such as computer breakdowns, interruptions to the telephone network, the Internet network or failures in the client’s Internet reception equipment.
GUARANTEE OF AUTHENTICITY
Eulàlia Restauradora undertakes to sell only authentic products. The articles on sale are second-hand articles, in which the Company acts as an intermediary between the Client and the seller, and therefore the Client is informed that these articles have not been directly purchased by the Company. However, the Company guarantees that the items have been analysed, checked and authenticated in full by a team of experts, having at all times made use of its competence and experience in the sector.
The Client is informed that, in order to place the order, the Company collects the following personal data of the Client, which are incorporated into an automated file owned by the Company: name and surname(s), user name and password of the account the Client has on the Site, e-mail address, DNI/NIE/passport number, address of the client’s residence, delivery address and means of payment. By making a purchase through the Site or the Customer Service, the Customer gives his consent and is informed that the data provided will be incorporated into the aforementioned automated file of the Company. These data are collected for the purpose of managing the delivery of the products purchased by the Customer as well as to obtain the customer profile for a better development of their products and services.
This information is necessary for the processing of the order and its execution. The provision of the personal information requested from the Client for the processing of an order is obligatory, so the refusal to provide it will make it impossible for the Client to become a client of the Company.
In accordance with Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such information, and with Organic Law 15/1999 of 13 December on the protection of personal data and its implementing regulations, we hereby inform you that the personal data provided by you via e-mail, information or subscription forms, or the contracting processes will be included in a file for automated processing, with the aim of providing and offering our products and services and controlling the company’s accounting management.
The customer may exercise, with respect to the data collected in the manner provided, the rights recognized in Law 15/1999, of December 13, Protection of Personal Data, access, rectification, opposition and cancellation at any time, if appropriate, and the revocation of consent for the transfer of their data. To exercise this right just send an email [email protected]
The Company undertakes, when using the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to keep them and to adopt all measures to avoid their alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999 of 11 July.
The data collected are stored under the confidentiality and security measures legally established and will not be transferred to persons or entities outside our company, except for the exceptions set out in the Act or that is necessary for the provision of our services.
The prices of each of the articles will be the one stipulated at each moment on our website, except in the case of a manifest error. Although we make every effort to ensure that all prices displayed on the Site are correct, errors may occur. If The Company detects an error in any of the items you have purchased, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any monies paid will be refunded in full. The Company is not obliged to supply any item to you at the incorrect lower price (even if we have sent you a purchase confirmation) if the error in price is obvious and could reasonably be recognised as an incorrect price.
The purchase of second-hand items is exempt from VAT. The Customer Service Department will send by email and attach a copy in the order a proof of purchase with the written confirmation of the price paid and the shipping costs at your expense.
The delivery of the articles will be made to the delivery address indicated when the order is placed. Under no circumstances will delivery be made to hotels or post office boxes.
Once the payment of the amount of the order has been registered, the delivery of the articles will be made to the delivery address indicated by the Client, within a maximum period of 15 days following the date of the order for the entire national territory.
RETURN OF THE ARTICLES
The Customer may resolve the provisions of the order placed within two (2) working days of receipt of the articles. To this end, he has the right to return the articles delivered within this period, in their original packaging, in the same state in which they were delivered (with accessories, cover, guarantee, etc. if any). To exercise the right of withdrawal, it is compulsory to contact the Customer Service Department within this period, request the return of the item(s) and confirm the address of the collection address. It is the Client’s responsibility to keep any evidence of this return, which means that the articles will be sent by the transport company agreed by the Company, which will be responsible for making the collection.
The transport costs arising from the purchase (delivery and return of the article) shall be borne by the Client in all cases.
If the Client so wishes, the Company may provide him with a voucher equivalent to the sum of his order. In this case, no refund of the price paid for the returned articles will be made. Items returned that are incomplete, damaged, spoiled, or that do not correspond to the one delivered to the Client or that do not have the inviolable label will not be refunded to the Client and will not in any case give rise to a voucher for an amount equivalent to the initial order.
The present Conditions shall be governed by the provisions of the regulations in force regarding applicable legislation and competent jurisdiction. However, for cases in which the regulations provide for the possibility of the parties submitting to a jurisdiction, with express waiver of any other jurisdiction that may correspond to them, they shall submit any disputes and/or litigation to the knowledge of the Courts and Tribunals of the city of Barcelona (Spain).
RIGHT OF RETURN OF ARTICLES ONLINE (right of withdrawal)
Subject to EU distance selling law, online buyers have the right to return certain products for any reason if they contact the seller within 14 days. This 14-day period begins at the time a customer receives a product, not from the time of purchase. During this period, buyers can change their mind and return the products without giving a reason. Sellers must clearly inform buyers that they have 14 days to contact them if they want to initiate a return. If not clearly indicated, this return period will be automatically extended to one year.
This regulation does not apply to personalised products, digital items, certain perishable products or products that cannot be reused for hygiene reasons and that have been removed from their packaging after delivery.
Rules for refunds
In accordance with current legislation, if a buyer correctly exercises his right of return, the Company will issue a refund within 14 days of receiving the returned item or proof that the item has been sent back. In the EU, the refund issued by the seller in case of a return will include the shipping costs of the initial delivery to the buyer.
When a package is sent to another country, it may be subject to import taxes, duties or fees imposed by the destination country. These fees are often difficult to predict and will always be paid by the buyer.
Please note that there may be import and customs duties, and that unexpected delays may occur due to customs. EulaliaRestauradora is not responsible for these charges or delays.