Version 1.0 / 2020
This document establishes the general conditions of the contractual relationship that aims to purchase and sell products offered from this website, and which is owned and operated by BLUE TOWER, SL (hereinafter, "CUSTO BARCELONA"), residing at Carrer Lo Gaiter de Llobregat, 145-147, 08820 El Prat de Llobregat (Barcelona), listed in the Companies Register of Barcelona, Volume 30306, Folio 97, Sheet B172024 1st inscription with tax identification code: B-61517496, and the natural and / or legal persons (hereinafter, "CUSTOMER") expressing their desire to purchase the products through the request made via the Internet through this website. All the rights that the current Laws recognise to consumers and to which reference may be made herein will apply exclusively to customers who are considered consumers and who act for a purpose other than their commercial, business, trade and profession.
These user requests constitute the particular conditions to which these general conditions are associated, which the CUSTOMER must accept electronically prior to purchasing the product. The CUSTOMER is informed of these conditions through this same website, so that they can read, print, file and accept them. These general conditions and the request for specific products made by the CUSTOMER imply formalisation of the contract of sale between CUSTO BARCELONA and the CUSTOMER, who claims to have read, understood and accepted these conditions. The CUSTOMER can always consult these general conditions on the website.
ONE.- PURPOSE OF THE CONTRACT.-
Through these General Conditions, CUSTO BARCELONA undertakes to deliver to CUSTOMER the products requested via the website in exchange for a certain price.
By purchasing the products available on this website, the CUSTOMER declares that:
to) He/she is a person of legal age and with the capacity to enter into contracts.
b) He/she has read, understood and accepts these General Contract Conditions.
TWO. -MODIFICATION OF THE GENERAL CONDITIONS.-
CUSTO BARCELONA reserves the right to modify these General Conditions at any time, without the need to previously notify the CUSTOMER who, in any case, is responsible for reviewing them as a prerequisite to the purchase of any product available on this website. In any case, the General Conditions indicated on the website at the time the CUSTOMER purchased the corresponding products.
THREE.- RIGHTS AND OBLIGATIONS OF CUSTO BARCELONA
3.1. Product delivery.-CUSTO BARCELONA undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER on the order form, which contains the specific conditions that are attached to these General Conditions. CUSTO BARCELONA will not be responsible for any errors made in delivery when the data entered by the CUSTOMER on the order form is incorrect or has been omitted. The approximate delivery time for each product is indicated on its data sheet, and will in no case exceed the deadline of fifteen days. CUSTO BARCELONA will not be responsible for delays in delivery caused exclusively by causes attributable to the transport agency, or unforeseeable and uncontrollable factors for which it does not have a duty to bear.
In the event of unavailability of the requested product, CUSTO BARCELONA will inform the CUSTOMER of this fact and the expected delay will be communicated by email or by telephone to the number provided by the CUSTOMER. In this case, CUSTO BARCELONA, may give the CUSTOMER the option to cancel his/her order or purchase an alternative item that may have been offered. Where no response is received, it will be understood that the CUSTOMER wishes to wait for the given period. Where it is impossible to supply the requested product, either due to lack of supply from the suppliers of CUSTO BARCELONA or for any other reason, the CUSTOMER will also be informed of this fact and the order will be cancelled without any penalty, committing CUSTO BARCELONA to the full refund of the amount of the purchase within a maximum period of 15 days,
3.2. Responsibility of CUSTO BARCELONA. In no case will it be responsible for:
3.2.1. Errors, delays in access by the CUSTOMER when entering his/her data on the order form, the slowness or impossibility of receipt by recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure, and any other unforeseeable contingencies beyond the good faith of the company. In any caseCUSTO BARCELONA undertakes to solve any problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution to the incident.
3.2.2. Errors or damages produced by an inefficient use of the service and in bad faith by the CUSTOMER.
3.2.3. The non-operability or problems in the email address provided by the CUSTOMER for sending of the order confirmation.
3.3.1. CUSTO BARCELONA guarantees that all the Products available for sale on the website comply with the international and Community standards applicable to product safety.
3.3.2. The warranty that applies to the Product when it is delivered to the CUSTOMER lasts for 2 years, provided the Product is used by the CUSTOMER under normal conditions of use, such as those described on the Product data sheet and in the catalogues posted and available to the CUSTOMER. In no case is it guaranteed that the Product supplied is suitable to respond to a particular problem of the end user.
3.3.3 CUSTO BARCELONA is not compelled to compensate the CUSTOMER or third parties for the consequences of the use of the Product, whether this be direct or indirect damage, accidents suffered by people, damage to non-Product property, loss of profit, damage due to wear, or a loss of data recorded by the end user.
3.3.4. Shipping costs to the warehouse for faulty products within the warranty period are paid by the CUSTOMER, with CUSTO BARCELONA being responsible for returning the product to the CUSTOMER’s address.
4. Right of withdrawal:
CUSTO BARCELONA recognises the CUSTOMER’s right of withdrawal under the terms and deadlines set forth in Royal Legislative Decree 1/2007 of November 16. In this case, CUSTO BARCELONA will reimburse the CUSTOMER the amount paid as the price and applicable taxes as well as any shipping expenses, to the account number indicated by the CUSTOMER. The CUSTOMER has a period of 14 days to exercise the right as of delivery of the Product, this date being considered, unless proven otherwise, the one indicated on the delivery document signed by him/her. In order to exercise this right, the CUSTOMER must send an email to firstname.lastname@example.org , with the completed WITHDRAWAL FORM, and must notify CUSTO BARCELONA within the established deadlines, as well as returning the corresponding Product. In any case, the CUSTOMER will be responsible for the direct costs of returning the aforementioned product, as well as any damage to it produced as a result of its return.
The right of withdrawal recognised in this clause is understood without prejudice to the exceptions to the same set forth by law. By way of example, this right may not be exercised in relation to goods that, due to their nature, cannot be returned (for example intimate clothing) or may wear, expressly including products that have been personalised at the consumer's request.
FOUR.- RIGHTS AND OBLIGATIONS OF THE CUSTOMER.-
4.1. Payment.- The CUSTOMER agrees to pay in advance the amount for the Product actually requested in the following amount and manner:
4.1.1. Amount.- Remuneration for the Product actually requested by the CUSTOMER will be that indicated on the website and as appearing in the CUSTOMER's specific request at all times; requests that constitute the specific conditions of the particular order. The prices of the products that appear on the website include VAT.
The relevant shipping costs must be added to the price that appears on the website for each of the products offered. CUSTO BARCELONA, must always inform the CUSTOMER of the shipping costs before the purchase is made and in the confirmation email for said purpose.
4.1.2. Payment methods.- The CUSTOMER must pay the amount corresponding to his/her order by:
- Credit card: entering his/her data in the virtual POS on the website. By accepting this means of payment, the CUSTOMER confirms that he/she is authorised to use the card used for this purpose, as the cardholder. Card payments are subject to the provisions of Law 19/2018 of November 23 on payment services and other urgent measures in financial matters, especially regarding payment orders and the conditions for their revocation.
4.2. Responsibility of the CUSTOMER.- In any case, the following will be the responsibility of the CUSTOMER:
4.2.1. The CUSTOMER assumes all risks of wear, impairment, damage and loss of the Products from the moment they have been made available to him/her by the third party who, on behalf of CUSTO BARCELONA, delivers the requested products.
4.2.2. The CUSTOMER undertakes to check the correct condition of the Product before the third party that, on behalf of CUSTO BARCELONA, delivers the requested Product, indicating at that same moment any anomaly that may be detected in the packaging.
If, once the content has been reviewed, the CUSTOMER detects any incident such as knocks, breakage or any damage caused in shipping, he/she undertakes to notify CUSTO BARCELONA within a period of no more than 24 hours after receiving the product.
5.1.- CUSTO BARCELONA will in no case be liable for:
5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational.
5.1.2.- Any type of damage that the CUSTOMER or third parties may cause on the website.
5.2.- CUSTO BARCELONA reserves the right to suspend access without prior notice in a discretionary manner and of a final or temporary nature until the assurance of effective responsibility for any damages that may occur. Likewise, CUSTO BARCELONA will collaborate with and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
SIX.- COPYRIGHT AND TRADEMARK RIGHTS.-
CUSTO BARCELONA informs that the website content, programming and design are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly forbidden except with the express consent of CUSTO BARCELONA. The brands of the products that CUSTO BARCELONA sells through the website belong to their legitimate owners. CUSTO BARCELONA can establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included, may request at any time the elimination of the referred references.
SEVEN.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. To determine the place of the sale to which these General Conditions are subject, the provisions of Article 29 of Law 34/2002 of 11 July on services of the information society and e-commerce shall apply. Where the CUSTOMER is not considered a consumer, any relational conflict with the interpreting or execution of these General Conditions will be submitted to the jurisdiction of the Courts of the city of El Prat de Llobregat.
EIGHT.- NULLITY OF CLAUSES.-
Where any clause of these General Conditions is declared void, the other clauses will remain in force and will be interpreted considering the will of the parties and the purpose of these conditions. CUSTO BARCELONA may not exercise any of the rights and powers conferred in this document, which will under no circumstances imply their waiver unless expressly acknowledged by CUSTO BARCELONA.
NINE.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE LITIGATIONS.-
Notwithstanding the above clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/adr/. CUSTOMERS with the status of consumers may submit their claims through the online dispute resolution platform.