GENERAL CONDITIONS OF SALE
Any order made in the WEBSITE necessarily implies the acceptance without reservation by the CLIENTE of these general conditions.
Article 1. Definitions
- « CLIENTE »: refers to the co-contractor of the VENDEDOR, which guarantees the quality of the consumer as defined by Spanish law and jurisprudence. For this purpose, it is expressly envisaged that the CLIENTE acts outside any usual or commercial activity.
- « ENTREGA »: refers to the first delivery of the PRODUCTS ordered by the CLIENTE to the delivery address indicated in the order.
- « PRODUCT »: refers to the set of products available in the WEBSITE.
- « TERRITORY »: refers to SPAIN.
- CANARIAN : ALL SHIPPING SHIPPINGS WILL MAKE SPECIAL SHIPPING AND WORKING GASTS, CONSULATE THE SAME BEFORE WE REALIZE THE BUY OR WE CAN CHANGE THE SAME.
Article 2. Object
The CLIENTE is clearly informed and recognizes that the WEBSITE addresses consumers and that professionals must contact the commercial service of the VENDEDOR in order to benefit from specific contractual conditions.
If the CLIENTE does not accept these terms and conditions, please refrain from using our WEBSITE.
Article 3. Acceptance of general conditions
The present General Conditions are inserted at the bottom of each page of the WEBSITE through a link and must be consulted before the order can be made. The CLIENTE is invited to read carefully, download and print the General Conditions and keep a copy.
The VENDEDOR advises the CLIENTE to read the General Conditions at the time of making a new order, being the latest version of the same applicable to each of them.
Clicking on the first button to place the order and on the second to confirm the order, the CLIENTE acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products in the WEBSITE.
The information that the CLIENTE provides to the VENDEDOR at the time of the order must be complete, accurate and updated. The VENDEDOR reserves the right to request the CLIENTE to confirm, by any appropriate means, its identity, its eligibility and the information communicated.
Article 5. Orders
The VENDEDOR will strive to present as clear as possible the main characteristics of the PRODUCTS, although it reserves the right and here communicates, that the characteristics of the products may suffer slight variations, type of tone in the color, number of engines, which do not affect the operation and are due to the choice of one or another manufacturer
The CLIENT undertakes to read these information carefully before placing an order in the WEBSITE.
The VENDEDOR reserves the right to modify the selection of PRODUCTS available in the WEBSITE, especially depending on the problems it has regarding its suppliers.
With the exception of an express contrary indication in the WEBSITE, all the PRODUCTS sold by the VENDEDOR are new and in conformity with the European legislation in force and with the rules applicable in Spain.
PRODUCTS orders are made directly in the WEBSITE. To place an order, the CLIENTE must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).
The CLIENT must select the PRODUCTO(s) of your choice, clicking on the chosen PRODUCTO(s) and choosing the desired characteristics and quantities. Once the PRODUCTO has been selected, the PRODUCTO will be kept in the CLIENT shopping basket. The latter may then add as many additional PRODUCTS as you wish.
Once the PRODUCTS have been selected and saved in your cart, the CLIENT must click on the basket and verify that the content of your order is correct. If the CLIENT has not yet done so, you will be invited to identify or register.
Once the CLIENTE has validated the contents of the basket and has been identified/registered, an online form will appear automatically completed and the price, applicable rates and, where applicable, delivery costs.
The CLIENTE is invited to verify the contents of your order (including the quantity, characteristics and references of the requested PRODUCTS, the invoice address, the payment method and the price) before validating its content.
The CLIENT can then proceed to the payment of the PRODUCTS in accordance with the instructions provided in the WEBSITE and provide all the information necessary for the invoice and ENTREGA of the PRODUCTS. Regarding PRODUCTS with different options available, your specific references appear when the correct options have been selected. Orders must include all information necessary for the proper treatment of the order.
The CLIENT must also select the chosen delivery mode.
After all the stages described above, one will appear in the WEBSITE in order to express receipt of the CLIENT order. A copy of the order receipt acknowledgment will be automatically addressed to the CLIENTE by e-mail, provided that the email address communicated on the form is correct.
The VENDEDOR will not send any confirmation of order by postal or telematic mail.
Through the order, the CLIENTE shall give the necessary information for the billing (the sign (*) will indicate the required fields to be filled in so that the CLIENTE order is treated by the VENDEDOR).
The CLIENT should also clearly indicate all information concerning the PEDIDO, in particular the exact direction of the ENTREGA, as well as any possible code of access to the ENTREGA direction.
Neither the order safeguard that the CLIENTE has made online, nor the receipt of the order that the VENDEDOR sends to the CLIENTE by e-mail constitute any invoice. Whatever the order or payment mode used, the CLIENTE will receive the original of the invoice at the time of the BETWEEN PRODUCTS, inside the package.
The date of the order is the date on which the VENDEDOR accuses the online receipt of the same. The deadlines set in the WEBSITE do not begin to count until that date.
For all PRODUCTS, the CLIENTE will find in the WEBSITE the prices indicated in euros, taxes included, as well as the applicable delivery costs (in accordance with the weight of the package, without packaging and gifts, the address of ENTREGA and the carrier or chosen mode of transport).
Prices include in particular the added value tax (VAT) with the applicable rate at the date of the order. Any modification of the rate may be effected by PRODUCTS from the date of entry into force of the same.
The applicable type of VAT will be expressed in percentage on the value of the sold PRODUCTO.
VENDEDOR supplier prices are likely to be modified. Consequently, the price indicated in the WEBSITE can change. These may also be modified in the case of special offers or sales.
The applicable prices will be the ones indicated in the WEBSITE at the date of order realization by the CLIENTE.
The VENDEDOR will apply a stock management “just in time”. Therefore, according to the case, the availability of PRODUCTS will depend on its existence in the stocks of the VENDEDOR.
The VENDEDOR undertakes to comply with the orders received with the reservation that the PRODUCTS are available.
The inavailability of a PRODUCT will be included in principle on the PRODUCT page in question. CLIENTS may also be informed of the replacement of the PRODUCTO by the VENDEDOR.
In any case, if the inavailability has not been indicated at the time of the order, the VENDEDOR undertakes to inform the CLIENT without delay, if the PRODUCTO is indisposable.
The VENDEDOR can, at the request of the CLIENT:
Send all PRODUCTS together, from the time the unstocked PRODUCTS are again available.
Proceed a partial shipment of the DATA available at that time, and send the rest of the order when the others are, with express reference to the costs of additional transports that might arise.
Propose an alternative product of equivalent quality and price, accepted by the CLIENTE.
If the CLIENTE decides to cancel its indisposable PRODUCTS order, you will receive the refund of all the amounts disbursed by such PRODUCTS in thirty (30) days after payment.
Article 6. Right to withdrawal
Article 7. Payment
The CLIENT can pay its online PRODUCTS in the WEBSITE following the means proposed by the VENDEDOR.
The CLIENT guarantees the VENDEDOR that has all the authorizations required for the chosen payment medium.
The VENDEDOR will take all necessary measures to ensure the safety and confidentiality of the data transmitted online in the online payment box in the WEBSITE.
It is necessary that all information regarding the payment made is transmitted to the bank of the WEBSITE and are not treated in the WEBSITE.
In case of single payment by credit card, the CLIENTE account will be debited at the time of the order of the PRODUCTS in the WEBSITE.
In case of partial ENTREGA, the total amount will be debited from the CLIENTE account without delay at the time the first package is sent. If the CLIENT decides to cancel its request for indisposable PRODUCTS, the refund shall be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
If the bank rejects the debit of a credit card or other means of payment, the CLIENT shall contact the Customer Service of the VENDEDOR in order to pay the order for any other valid payment means.
In the event that, for the reason that it is, opposition, rejection or another, the transmission of the flow of money due by the CLIENTE is impossible, the order will be canceled and the sale automatically terminated.
Article 8. Test and file.
The VENDEDOR agrees to file the information in order to ensure a follow-up of the operations and to make a copy of the contract on demand from the CLIENTE.
In case of litigation, the VENDEDOR will have the possibility of demonstrating that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of the property.
The above provisions are no obstacle to transmission to the CLIENTE, at the time of receipt by itself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are subject to the property reservation, as well as the risks of damage that may entail.
Article 10. Delivery
Article 11. Packing
Article 12. Guarantees.
In this context, the VENDEDOR is capable of responding to defects in accordance with the time of delivery and the faults of conformity resulting from the packaging, the assembly instructions or the installation when it is placed or has been carried out under its responsibility.
The action resulting from lack of conformity precludes the two (2) years from the delivery of the PRODUCTO.
In the event of a lack of conformity, the CLIENTE may request, at its choice, the replacement (if the article is without the USA) or the repair of the PRODUCT (if USED). In any case, in the event that the cost of choosing the CLIENT is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCTO or the importance of the defect, the VENDEDOR may proceed to refund, without attending to the option chosen by the CLIENT.
In the event that the replacement or repair is impossible, the VENDEDOR is committed to restoring the price of the PRODUCTO after 30 days from the receipt of the PRODUCTO returned and in exchange for the forwarding of the PRODUCTO by the CLIENTE to the next street Zagan
The CLIENT is exempt from providing proof of the existence of defect in accordance with the PRODUCTO during the six (6) months following the delivery of the good.
This legal guarantee in accordance is required to apply independently of the consented trade guarantee, if any, on the PRODUCTS.
This guarantee allows the CLIENTE, which can prove the existence of a hidden vice, to choose between the refund of the price of the PRODUCTO if it is restored or the refund of part of the price if it is not restored.
In the event that the replacement or repair were impossible, the VENDEDOR is committed to restoring the price of the PRODUCTO in a period of thirty (30) days after the receipt of the PRODUCTO returned and in exchange for the forwarding of the PRODUCTO by the CLIENTE to the following direction Calle Zagan no 1 28694 Chapineria.
The action resulting from hidden vices must be filed by the CLIENTE within two (2) years of discovery of vice.
Article 13. Responsibility.
The VENDEDOR may not be liable, or considered as a breach of the General Conditions, for any delay or inexecution, when the case of delay or non-execution is linked to a case of force majeure or a case of fortuitousness as defined by the jurisprudence of the Spanish Courts.
It is also necessary that the VENDEDOR does not control the websites that are directly or indirectly linked to the WEBSITE. Accordingly, it is excluded, to the extent permitted in law, from any responsibility related to the information published therein. Hyperlinks to these web pages are granted merely indicative and do not imply any guarantee of their content.
Article 14. Personal data
The VENDEDOR collects in the WEBSITE personal data from its CLIENTS, even through cookies. CLIENTS can disable cookies by following the instructions given by their browsers. More information is provided on our cookie policy in Article 15 of the present General Conditions of Sale.
El VENDEDOR, con domicilio en calle Zagan 1, chapineria, Madrid.
The data available to you are the ones that have initially provided us and those that are generated during the relationship and interactions.
The data collected by the VENDEDOR will be used in order to treat your orders made through the WEBSITE, manage the CLIENT account, analyze your orders and, send you emails for promotional purposes, newsletters, promotional offers and/or information about products and services similar to those purchased, except if the CLIENTED does not wish to receive such communications from the VENDEDOR.
CLIENTS may object to receiving promotional emails at all times by accessing your account or clicking on the expected hyperlink for such purposes under each offer received by email, or by sending an email to the Data Protection Delegate.
The processing of the personal data of the CLIENTE related to the maintenance of its relationship with the VENDEDOR as a client is legitimated as it is necessary to comply with the contractual obligations arising from that relationship.
The processing of the personal data of the CLIENTE for the sending of promotional information on products and services of the VENDEDOR similar to those that were initially contracted with the CLIENTE, responds to a legitimate interest of the VENDEDOR and is authorized by the current regulations.
The data can be communicated, totally or in part, to the VENDEDOR service providers involved in the order. For commercial purposes, the VENDEDOR may transfer to its collaborators the names and coordinates of its CLIENTS, provided that they have given their prior agreement at the time of their registration in the WEBSITE. The VENDEDOR will specifically ask the CLIENTS if they want their personal data to be disclosed. CLIENTS can change their minds at all times by contacting the VENDEDOR. The VENDEDOR may also ask its CLIENTS if they wish to receive commercial information from their collaborators.
The VENDEDOR has contracted the services of technology suppliers located in countries that do not have European equivalent regulations (“Third Countries”). These suppliers have signed with the VENDEDOR the contracts of confidentiality and data processing required by the regulations for suppliers located in Third Countries, applying the guarantees and safeguards necessary to preserve the privacy of the CLIENTE. In particular, the [referencia a las garantías adecuadas o apropiadas, i.e. Privacy Shield, etc.]
Personal data will be kept as long as the CLIENT maintains the relationship with the VENDEDOR and, after the completion of such a relationship for any cause, during the legal limitation periods that are applicable. In this case, they will be treated only for the purposes of accrediting compliance with the legal or contractual obligations of the VENDEDOR. After 12 such limitation periods, the CLIENTE data will be deleted or, alternatively, anonymized.
In accordance with the Regulation (EU) 2016/679 on the Protection of Personal Data, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and the deletion, portability, and/or limitation of these personal data. In addition, the CLIENTE shall also have the right to withdraw its consent at any time for treatments based on consent, without affecting the legality of the treatment based on the consent prior to its withdrawal. You can exercise these rights by sending an email to the address: info@patilandia.com, or sending an e-mail through acorn 1 It is necessary that the CLIENTE must be able to justify its identity, either scanned an identity card, or sending to the VENDEDOR a photocopy of it.
Also, if the CLIENTE considers that the processing of your personal data violates the rules or your privacy rights, it may file a claim:
- Before the Spanish Data Protection Agency, through its electronic headquarters, or its postal address.
Article 15. Cookies policy.
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, in case you do not allow the installation of cookies in your browser you may not be able to access any of the sections of our website.
Article 15. Claims
Article 16. Intellectual property
These elements are the exclusive property of the VENDEDOR. Any person who edits a website and wishes to create a direct hyperlink to the WEBSITE must request authorization from the VENDEDOR in writing.
This authorization of the VENDEDOR shall in no case be definitively agreed. This hyperlink must be removed at the request of the VENDEDOR. Hyperlinks made the WEBSITE using techniques such as the approach (framing) or the insertion of hypertexts (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Such a modification or decision does not in any case authorize the CLIENTES to disregard these General Conditions.
All conditions not expressly dealt with in these shall be regulated in accordance with the uses of the private sector.
Article 18. Amendments to the General Conditions
The General Conditions shall be accurately dated and may be modified and updated by the VENDEDOR at all times. The applicable General Conditions shall be those in force at the time of the order.
The modifications provided in the General Conditions shall not apply to the already purchased PRODUCTS.
Article 19. Competence and applicable law
IN LITIGIO CASE, ONLY THE SPANISH TRIBUNALS ARE COMPETENT.
In addition, prior to any arbitration or court appeal, negotiation between the parties in a spirit of loyalty and good faith will prevail in order to reach a friendly agreement to resolve any conflict relating to this contract, including its validity.
The party wishing to launch the negotiation process shall inform the other party by certified letter with acknowledgement indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties cannot be understood, the differences shall be subject to the jurisdiction set out below.
During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict under negotiation. As an exception, the parties shall be authorized to apply to the jurisdiction of the precautionary measures or the commencement of a procedure by the parties does not imply the waiver of any clause of amicable agreement, except express contrary will.
5 - The website specific to the holders of the card that it is responsible for the transactions.
VISA or MASTERCARD Credit Card
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We guarantee that each of the transactions made in PATILAND it's 100% safe. All transactions involving the transmission of personal or banking data are carried out using a secure environment. PATILAND uses a server based on SSL standard security technology (Secure Socked Layer). All the information you transmit to us travels encrypted through the network. (If you want to know more, visit our section Insurance).
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In addition, the data on your credit card are not recorded in any database, but they go directly to the Bank's TPV (Terminal Point of Sale).
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In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated into our paybridge the secure payment system called CES (Sure Electronic Commerce). Thus, if you are holder of a “securized” card you will always be able to make payments with VISA or MASTERCARD card in our store.
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In case your card is not attached to this payment system, PATILAND you will only admit the payment with VISA or MASTERCARD credit card to customers with antiquity and reliability shown above.
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In both cases, when paying with VISA or MASTERCARD card, the following data will always be requested: the card number, the expiration date, and a Validation Code that matches the last three figures of the printed issue in italics on the back of your VISA or MASTERCARD card, offering, in this way, more guarantees about the security of the transaction.
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Important : Credit card fraud is a crime, and PATILAND he will bring legal action against anyone who makes a fraudulent transaction in our online store.
ANNEX 1
The Customer has, in principle, the right to forward or return the PRODUCT to the VENDEDOR or to a person designated by the latter, without excessive delay, and no later than fourteen (14) days after the communication of his notification of withdrawal, unless the VENDEDOR intends to recover the same PRODUCT.
Breakdown time
The withdrawal period expires on the fourteenth (14) calendar days after the day CLIENTE, or a third party other than the carrier and designated by the CLIENT, takes possession of the PRODUCTO.
In case the CLIENTE has ordered several PRODUCTS in a single PEDIDO giving rise to several ENTREGAS (or in case of a single PRODUCTO order delivered in several lots), the withdrawal period will expire in fourteen (14) calendar days after the day when the CLIENT, or a third party other than the carrier and designated by the customer, take possession of the last PRODUCTO.
If the CLIENT order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire in fourteen (14) calendar days after the day the CLIENTE, or a third party other than the carrier and designated by the customer, takes possession of the last PRODUCTO delivered.
Notification of the right of withdrawal.
In order to exercise its right of withdrawal, the CLIENTE shall notify its decision to withdraw through a statement made unequivocally (e.g. by letter sent by mail, fax or email) to: Zagan 1, CP: 28694 Chapinería info@patilandia.com
To this end, you may also use the following form:
VENDEDOR telephone number:
VENDEDOR fax number:
VENDEDOR e-mail address:
I hereby notify you of my withdrawal from the contract concerning the sale of the following PRODUCTO:
PRODUCT Reference:
No invoice :
Not the order certificate :
- Order the [____________]/Received the [________________]
- Average payment used :
- Name of the CLIENTE and in your case of the beneficiary of the order :
- Address of the CLIENTE :
- Delivery address :
- CLIENTE firm (except in case of mail transmission)
- Date
In order for the right of withdrawal to be respected, the CLIENTE shall transmit its communication concerning the exercise of the right of withdrawal prior to the expiration of the period.
In the event of withdrawal by the CLIENT in article WITHOUT USE, the VENDEDOR undertakes to reimburse the totality of the amounts paid, to EXCEPTION of the expenses of delivery (with the exception of the supplementary expenses, originated in its case (the CLIENT shall abstain from the GASTES OF INVESTMENT and RECOGED in the article CRESPONDIENT).
The VENDEDOR will proceed to refund using the same means of payment as that used for the initial transmission, except that the CLIENT or VENDEDOR expressly agrees a different means, in any case, this refund will not entail any cost to the CLIENT( To EXCEPTION OF THE LEAST AND RECOGNIZED YAs long as the item has been returned USE WITH ALL ORIGINAL ELEMENTS.
The VENDEDOR may defer the refund until the receipt of the good or until the CLIENT shows proof of having issued the good, the retained date will be the first of these two.
Return modalities
The CLIENTE shall, without excessive delay and, in any case, no later than the 14th (14) days after the communication of its decision to withdraw from this contract, contact us by phone 727745683 to forward the good to: Travesía de zagan 1, C.P 28694 CHAPINERIA, MADRID
This period is deemed to be respected if the CUSTOMER sends the PRODUCT before the expiration of fourteen (14) days.
Refund costs
The CUSTOMER will be responsible for the direct shipping costs, which vary depending on the weight of the purchased item
Status of the returned item
The PRODUCTO must be restored following the VENDEDOR slogans and including all the accessories delivered. ( ORIGINAL, ACCESSORIES AND ORIGINAL PRODUCT IN STATE PERFECT)
The responsibility of the CLIENTE is not saved by the depreciation of the good (used and with brands that prevent reselling the article). In other words, the CLIENTE provides for the possibility of returning the PRODUCTO but in no case the article is accepted in poor condition or used. In the event of being in poor condition, used or with obvious signs of use the seller reserves the right to make a PARCIAL return of the TOTAL IMPORTE discounting the effects.
Packaging
PRODUCTS are packed in accordance with the current transport regulations, in order to ensure maximum protection during the INTERGER. The CLIENT shall respect the same rules the return of the same. In this sense, the CLIENTE may return the PRODUCTO that does not suit you in its packaging of origin and in good condition, ready for re-marketing.
Exclusion of the right of withdrawal
The right to withdrawal is excluded in the following cases:
- Articles that have been used by the customer and with visible signs of use.
- Supply of goods or services whose price depends on fluctuations in the financial market.
- Supply of goods made to customer specifications or clearly personalized.
- Supply of goods that are susceptible to deterioration or rapid expiration.
- Provision of audio recordings or sealed videos or programs that have been unlocked 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 linked to leisure activities if the offer provides for a specific execution date.
- Supply of goods that by their nature require being combined with other products.
- Supply of sealed goods that cannot be forwarded for protection 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 market fluctuations and is beyond the influence of the SELLER.
- Supply of a number of content not provided in a dematerialized manner if the execution has begun with prior consumer agreement, which has equally recognized that it will lose its right of withdrawal.
- Contracts formalized in public auctions.