The purpose of these General Contracting Conditions is to regulate the contractual relationship between CASA CAPÓ, S.A. (hereinafter "the company/entity") and you (hereinafter "the client/user"), related to the contracting and/or purchase of products and/or articles made through the web page www.casacapo.com (hereinafter "the web page"), domain owned by CASA CAPÓ, S.A., a legally constituted company, with registered office at CALLE FONERS, Nº 33 07006 PALMA DE MALLORCA, BALEARES, with CIF/NIF number A07621808 and registered in the Mercantile Register of the BALEARIC ISLANDS in Volume 1086, Folio 40, Page 13384, Book, Section 8.
I. INFORMATION PRIOR TO CONTRACTING.
If you are under 18 years of age, you may not purchase and/or contract any of the products on the website www.casacapo.com. To purchase and / or hire any product and / or article of the website, you must be of legal age.
We recommend reading these general conditions of contracting at the time prior to the completion of the purchase, as their acceptance is a prior and indispensable step for the contracting. Prior to the start of the contracting procedure, the company/entity makes these general conditions available to you so that they can be stored and reproduced by you.
We inform you that an electronic file of the present general contracting conditions is produced, which will be accessible to you at all times. All information provided during the contracting process will be stored by the company, and you, prior to contracting and during the purchase process, will be able to access, file and print these general terms and conditions for consultation.
We inform you in advance of those procedures that you must follow to accept these general conditions of contracting. The procedures to contract the products offered are those described in these general conditions, as well as the specific ones that are indicated on the website during navigation, so that you as a customer / user declares to know and accept these procedures as necessary to purchase and / or hire the products offered on the website.
The contracting of our products may be formalized at your choice in any of the languages available on the website. However, the language in which these general contracting conditions are formalized is Spanish.
The company/entity during the contracting procedure provides you with adequate technical means to identify and correct errors. Any modification or correction of the data provided by you during the navigation must be made according to the indications included on the website. This website displays confirmation windows of the data provided, which may not allow you to continue with the purchase or contract if the data entered are not in the correct format. In any case, before making the payment you will be able to visualize in the web page the selected products and the detail of your order so that, if necessary, you can modify the data of your order. If you detect an error after the completion of the payment process, you should contact customer service by telephone: 971469561 or by e-mail: firstname.lastname@example.org.
By providing your personal data, you give your express consent to the processing of this personal data for the purpose of purchasing and/or contracting the products on the website.
The on-line purchase and/or contracting of the products offered by the company/entity through this website is subject to the provisions of these General Terms and Conditions of Contract.
The acquisition and/or contracting of any of the products of the company/entity through the web page requires the acceptance of each and every one of the general contracting conditions and/or of the particular conditions applicable to the products acquired and/or contracted.
These General Conditions are subject to the provisions of Law 34/2002, on information society services and electronic commerce; Law 7/1998 on General Contracting Conditions; Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, and any complementary laws that may be applicable.
If you have any questions, please contact us at the following e-mail address: email@example.com.
II. SELLER'S INFORMATION.
This website is operated by:
CASA CAPÓ, S.A.
Address: CALLE FONERS, Nº 33 07006 PALMA DE MALLORCA, BALEARES.
CASA CAPÓ, S.A. sells the products and/or articles offered through the page www.casacapo.com.
The company/entity has its registered office and/or establishment at CALLE FONERS, Nº 33 07006 PALMA DE MALLORCA, BALEARES.
CASA CAPÓ, S.A. is the owner of the domain and of the web page www.casacapo.com.
III. SUBJECT MATTER OF THE TERMS AND CONDITIONS OF CONTRACT.
The purpose of these contracting conditions is to regulate the conditions of sale of the products and/or articles offered by the company/entity on this website. These conditions regulate the contractual relationship of purchase and / or contracting generated between the company / entity and you at the time you accept the appropriate box during the purchase process and / or on-line contracting.
The characteristics of the products purchased and/or contracted are reflected on the website.
The contracting on your part of any of the products and/or articles through the page www.casacapo. com entails the acceptance and subjection to the present General Conditions of contracting and to the particular conditions that in its case are applied to the acquisition and/or contracting of each one of the products and/or articles.
The prices applicable to the products and/or articles purchased and/or contracted by you are those indicated on the website on the date of the contract and/or purchase. VAT is included in the price
All technical means and requirements necessary to access the website and the products and/or articles offered therein shall be at the sole expense of the user.
Once you access the website, to proceed with the purchase and contracting of the different products or articles, you must follow all the indications and instructions contained in the website, filling in the required contracting conditions and other forms established for each product, which will imply the reading and acceptance of these General Conditions of Contract, as well as, if applicable, of the particular conditions that may be applicable.
IV. CONTRACTING PROCEDURE.
The contracting of the products and/or items must be done through the specific selection of the desired product and/or products through the purchase selection tools found on the website. Once the purchase request has been selected and verified, you must expressly accept the contracting conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you read these General Terms and Conditions of Business carefully, and print on paper or save the document in electronic format.
To contract any of the products on the website, you must register your personal and/or professional data. In some cases you will have to configure a username and password that will allow you to access areas that require this prior identification. When you register your personal data on our website, or you contract one of our products, your personal and/or professional data are incorporated into our database, and will be used exclusively to process the sale of the contracted product during the selected period and to send you information about offers similar to those purchased that may be of interest to you. At any time you may modify your customer registration data (address, contact telephone number, email address, etc.).
1.- To initiate the contracting and/or acquisition of a product from the web page, you must follow the instructions on the page and select the product and/or article that you are interested in acquiring or contracting.
You will be able to view and control the product and/or products selected by following the purchase and/or contracting instructions on the website. At the moment of the selection of the product and/or article on the web page you will be able to visualize the characteristics of the product and the price of the same one. We will also specify whether or not VAT is included in the final price of the product or article selected, and the contracting conditions, including information regarding shipping costs. VAT is included in the price.
Once the selection of products and/or articles has been completed, you must proceed to payment. Before confirming the payment we will inform you again of the price of the products and / or items you have selected, specifying whether or not VAT is included in the final price of the product or item selected, the conditions of employment, including information on the delivery date of the product and / or products selected, and also we will also indicate whether or not there are shipping costs, specifying the amount thereof. In any case, you will be informed of the shipping costs of the product and / or products you have purchased in the event that these are not included in the final purchase price of the product or article selected.
You will also receive information regarding the possibility of applying discounts. At this point you will be able to continue shopping or make the payment and/or contracting.
2.- In order to make the purchase and payment of the product you must fill in a form with the requested data. The data that are mandatory to proceed with the purchase and payment will be marked with an asterisk. You will have to determine the details of the shipment specifying a delivery address.
You may also request, by checking the appropriate box, to receive newsletters and offers from the company/entity. And confirm the billing address.
3.- The form of payment accepted by the company/entity is:
4.- For the company/entity the security of its clients is fundamental [...]. Therefore, in order to protect the transmission of confidential information, the website has a data encryption protocol through an SSL Security Certificate. SSL encryption technology protects economic transactions and the flow of data (name, address, credit card number, etc.), allowing transactions to be carried out securely. For payment with Visa and Mastercard credit cards, the customer must have CES (Secure Electronic Commerce) payment activated. You can distinguish if the Secure Electronic Commerce protocol is activated by the VISA "Verified by VISA" and Mastercard "Mastercard Secure Code" logos. In all transactions the system performs a validation with the issuing bank of the card being paid with, asking for a key / PIN / signature / security code that the customer must have, and that together with the card number, expiration date and the 3 digits on the back guarantee the security of the transaction. We call this key / PIN / signature / security code the CES Security Code or CES Secure E-Commerce Code. The customer's credit card data will be absolutely confidential (neither the company/entity nor third parties will have access to it).
In the event that payment by card is denied, the product contracting will be automatically cancelled, informing the customer of the cancellation by electronic means.
5.- Finally, you must confirm the contracting and/or purchase of the selected products and/or articles.
V. PRODUCTS AND/OR ARTICLES.
The product and/or article is offered on the website with a description as accurate as possible of its characteristics. In addition, this description includes information regarding after-sales services for the product or service contracted, if any, and the conditions of after-sales services. In any case, the commercial guarantees of the product or service, and the conditions of these, are informed.
VI. PRICE AND AVAILABILITY OF PRODUCTS AND/OR ITEMS.
The prices applicable to each of the products are published on the website and indicated on each product. The prices of the products are shown in Euros.
Prior to your acceptance of the contracting and/or purchase operation, the prices of each of the products selected and/or contracted will be clearly specified, as well as the costs that will be applicable to the operation and the promotions or discounts that, if applicable, may be applicable.
The company/entity reserves the right to modify its prices at any time. In case of modification of the selling price, the products will be invoiced according to the price in force at the time of registration of the contract and/or purchase.
Any payment made to the company/entity will entail the issuance of an invoice in your name.
For any information about the product contracted and/or purchased, you should send an e-mail to firstname.lastname@example.org, indicating your customer/user data in the subject line of the message.
VII. DELIVERY TIMES AND SHIPPING COSTS.
Delivery times will be provided at the time of formalizing the contract, and will depend on the selected shipping method. The company/entity will not be responsible for delays that occur for reasons beyond its control, or in those cases in which there is force majeure.
Shipping costs are included in the final price of the product and/or article selected at the time of purchase and/or contracting.
The offers are duly marked. The products and/or articles offered on the website will be available until any modification related to the product, which will be notified one week in advance.
IX. RIGHT OF WITHDRAWAL
The customer/user as a contracting party acquires the status of consumer and user, and in accordance with art. 68 of RD 1/2007 of 16 November, has the power or right of withdrawal and has a period of 14 days to do so. In accordance with art.71 of RD 1/2007, being the object of this contract the acquisition of a product, the period of days to exercise the right of withdrawal will begin to compute from the date of receipt of the product.
To exercise the right of withdrawal the customer may use any of these means:
a) By telephone at the number 971469561.
b) By mail to the address CALLE FONERS, Nº 33, using the withdrawal form that the customer can download here, and that can also be sent by e-mail to email@example.com. In this case the customer must put in the subject DISCONTINUANCE FORM.
WITHDRAWAL FORM (You must complete and send this form only if you wish to withdraw from the contract)
FOR THE ATTENTION OF: CASA CAPÓ, S.A. with NIF/CIF: A07621808, address at: CALLE FONERS, Nº 33 07006 PALMA DE MALLORCA, BALEARES, Tfno: 971469561, Email: firstname.lastname@example.org
I hereby inform you that I am withdrawing from my contract of sale of the following good(s) with reference no.
Pertaining to order no:
With date of purchase
Name of buyer(s)
Address of purchaser(s)
If the shipping address is different from the buyer's address, the following information must be filled in:
Signature of consumer(s)
The customer shall have a period of 14 calendar days from receipt of the good, or from the formalization of the purchase if it is a service, to terminate the contract. The customer shall communicate to the company/entity, within the stipulated period and by any means permitted by law, its desire to exercise the right to terminate the contract.
The returned order must be delivered together with the delivery note and, if applicable, the invoice issued by the company/entity. The return costs shall be borne by the customer.
The customer may return any item purchased from the company/entity as long as the product is in perfect condition, retains its original packaging and any manuals, accessories or promotional gifts included.
Under no circumstances will exchanges or returns be accepted for custom-made items and confirmed special orders.
Return shipping costs are to be borne by the user, except in the case of defective or incorrect products.
To request the return of the products, the customer can use any of these means:
a) By telephone at the number 971469561.
b) By e-mail to the address email@example.com, using the return form that the customer can download here, which can also be sent by e-mail to the address firstname.lastname@example.org. In this case the customer must put RETURN FORM in the subject line.
For any claim or query you can contact the company/entity by phone 971469561 or email email@example.com.
The customer/user can return the product in any of the physical stores of the company/entity in the national territory.
If you are a professional or businessman, in no case shall be applicable to this contract the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users. In any case, if you are a professional or businessman, the clause relating to the right of withdrawal and / or return shall not apply to this contract.
XII. CONCLUSION OF THE CONTRACT.
Contracts shall be deemed concluded and shall produce all the effects provided by law when consent and other requirements necessary for its validity, and shall be governed by the provisions of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce (LSSI), art. 23 and 24, in the Civil Code, the Commercial Code and other applicable civil or commercial rules. If you are a consumer, this contract shall be deemed to have been concluded in the place where you have your habitual residence. If you are a professional or entrepreneur, this contract shall be deemed to have been concluded at the location of the registered office and/or place of business of the company/entity.
The company/entity reserves the right to modify or replace these contracting conditions if there are new economic, commercial, regulatory and/or extraordinary circumstances that affect the sale of the product and/or provision of the service and/or aspects related to them that justify the modification of these conditions. Unilateral modifications of the present conditions for justified reasons will in no case affect the contracting conditions of those products, services or promotions that have been contracted prior to any modification.
XIV. LIABILITY REGIME.
The company/entity shall not be liable for any problems arising from lack of access or problems inherent to Internet connectivity or electricity networks when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, although foreseeable, the company/entity has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.
The company/entity shall in no case be liable for the delay in the performance of its obligations or for the non-performance of the same, if this non-performance is due to force majeure, in accordance with the provisions of article 1.105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. The agreed delivery periods shall be extended by at least the period of time for which the cause of force majeure has lasted. If the cause of force majeure lasts longer than three (3) months, either party may terminate these terms and conditions.
XV. PROTECTION OF INTELLECTUAL PROPERTY.
CASA CAPÓ, S.A. is the owner of the domain and the web page www.casacapo.com. The trademark is duly registered in the name of CASA CAPÓ, S.A. . Likewise, the web page www.casacapo.com including but not limited to its programming, edition, compilation, designs, logos, text and/or graphics, are the property of CASA CAPÓ, S.A. and is protected by national and international regulations on intellectual and industrial property. Therefore, the holder of the rights expressly prohibits the use or reproduction, partial or total (by any physical or electronic means), by third parties, unless there is an agreement or written authorization in this sense.
The access by the user to the web page does not grant him any property right over the same CASA CAPÓ, S.A. will exercise the legal actions legally foreseen against those who, knowingly and without authorization, carry out any of the acts detailed above.
XVI. APPLICABLE LAW AND JURISDICTION.
These general conditions shall be governed and interpreted in accordance with Spanish law in all matters not expressly established. The parties submit to the jurisdiction of the competent Courts and Tribunals for any issues that may arise or actions arising from the provision of the web service and its services and content, and the interpretation, application, enforcement or breach of the provisions of these general conditions. In the event that the user is a consumer, the corresponding Courts and Tribunals will be competent according to the provisions of the current consumer regulations.
XVII. PERSONAL DATA.
In accordance with the provisions of the General Data Protection Regulation RGPD EU 679/2016 and the Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, you are provided with the following information on the processing of your personal data: Responsible: CASA CAPÓ, S.A. NIF/CIF: A07621808 ADDRESS: CALLE FONERS, Nº 33, CP: 07006 PALMA DE MALLORCA, TELEPHONE 971469561, EMAIL: firstname.lastname@example.org. DATA PROTECTION DELEGATE: CONTACT: / http://www. protecmir.com / EMAIL: email@example.com.
PURPOSE: At CASA CAPÓ, S.A. we process the information you provide us with the purpose of selling the contracted products, invoicing them and managing the sending of information and commercial prospecting. In order to be able to offer you services according to your interests, we will elaborate a commercial profile based on the information provided. No automated decisions will be made on the basis of this profile. The personal data provided will be kept, as long as the commercial relationship is maintained and its deletion is not requested, for a period of 5 years from the last contracting and/or purchase made by you. In any case, your personal data will be kept for as long as they are useful for the indicated purpose, and, in any case, for the legal periods and for the time necessary to meet possible liabilities arising from the processing.
LEGITIMACY: The processing of your personal data is based on the performance of a contract to which the data subject is a party or for the implementation at his request of pre-contractual measures, and in any case you have given your consent to process your personal data for one or more specific purposes, in accordance with the provisions of the RGPD EU 679/2016 (ART. 6.1.A. B) and the Organic Law 3/2018 of December 5, (LOPDPGDDD). It is applicable the Law of Information Society Services 34/2002, articles 20 and 21, for sending commercial offers through telecommunications. The prospective offer of products and services is based on the consent that is requested without in any case the withdrawal of this consent conditions the contract for the purchase of product and / or service. There is an obligation to provide personal data, otherwise the service cannot be provided and/or the product cannot be sold and/or the requested offer cannot be provided. There is an obligation to provide consent in order to be able to make prospective offers and send you commercial information.
RECIPIENTS: The data will not be communicated to any third party outside the Entity, unless legally required. However, we inform you that third party providers may have access to your personal data, as data processors, in the framework of the provision of a service for the Entity responsible for the processing. In addition to the above, the Entity may make assignments or communications of personal data to meet its obligations to the Public Administrations in cases where this is required in accordance with current legislation. There are no plans to transfer data to third countries.
RIGHTS: Interested parties have the right to obtain access to their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. Likewise, and for reasons related to their particular situation, data subjects may object to the processing of their data in which case their personal information will no longer be processed for those purposes for which they have expressed their opposition. Where technically possible, the data subject may request the portability of his or her data to another Data Controller. To exercise these rights, in accordance with the legislation in force, the interested parties may contact CASA CAPÓ, S.A. by post, enclosing a copy of a document proving their identity (DNI), at CALLE FONERS, Nº 33, CP: 07006 PALMA DE MALLORCA or by email to firstname.lastname@example.org. You have the right to file a Claim before the Control Authority: Spanish Data Protection Agency (www.agpd.es). Origin of the Personal Data: the interested party.