GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, www.L I T.com, (hereinafter Website) is held by: Antonio Domingos Borracheiro Lopez., Provided with NIF: 31857683S and whose contact details are:
C / Rosa, 30
03130 Santa Pola (Alicante)
Contact phone: +34 642 29 19 30 / +351 934 618 402
Contact email: email@example.com
This document (as well as any other document mentioned here) regulates the conditions governing the use of this Website (www.L I T.es) and the purchase or acquisition of products and / or services therein (in hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that L I T carries out through the Website includes:
Sale and distribution of furniture and decoration products for home, office and business.
Sale and distribution of professional folding tents for domestic or professional use.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the time the purchase of products and / or services is requested.
2. THE USER:
Access, navigation and use of the Website, confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which reason they are accepted, from the time the navigation on the Website is started, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities would be informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users residing in Spain. L I T does not guarantee that the Website complies with the laws of other countries, either totally or partially. L I T declines any responsibility that may derive from such access, nor does it guarantee shipments or the provision of services outside of Spain.
3. PURCHASE OR ACQUISITION PROCESS:
Users can buy on the Website through the established means and forms. They must follow the online purchase and / or acquisition procedure of www.L I T.com, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Confirm purchase".
Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that L I T has received their order or purchase request and / or service provision, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.
Once the purchase procedure has concluded, the User agrees that the Website generates an electronic invoice that will be sent to the User through email. Likewise, the User can, if they so wish, obtain a copy of their paper invoice, requesting it from L I T using the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / o cost of benefits; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, L I T is not the manufacturer of the products sold or that could be marketed on the Website. Although L I T makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or the materials and / or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.
All purchase orders received by L I T through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects their supply and / or provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, L I T undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in the cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT:
The prices displayed on the Website are final, in Euros (€) and do not include taxes, unless, by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, Bank transfer and through Bizum,
L I T uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, L I T will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.
Once L I T receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, established place is sent to the User.
If the means of payment is Paypal, the charge will be made at the time that L I T sends a confirmation of the purchase order or purchase of products and / or services to the User. In any case, by clicking on "Confirm purchase" the User confirms that the payment method used is his.
Purchase or acquisition orders in which the User selects as a means of payment by bank transfer, will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by L I T for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, L I T will not be able to validate the order, which will be canceled.
For the cash on delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and continue until Confirm purchase to pass the purchase order. From that moment, L I T reserves the right to contact the User in order to validate the purchase order with him. After this, the order will be prepared and made available for the management of your shipment.
Payment will be made at the time of delivery of the order to the carrier's dealer. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the carrier's dealer, who will not be able to provide change.
For the refund of the amount in the orders paid by cash on delivery, L I T reserves the right of 20 calendar days after the return is requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount to the returned order. The refund of the amount of the orders paid by the cash on delivery will be made only by transfer.
L I T reserves the right to suspend payment by cash on delivery to those Users who have not fulfilled the necessary requirements in past orders.
In the cases in which it is appropriate to carry out the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, attributable to it, L I T could not meet the delivery date, it will contact the User to inform them of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact L I T to arrange the delivery on another day.
In the event that 30 days elapse after your order is available for delivery, and it has not been delivered for a reason not attributable to L I T, L I T will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method different from the least expensive method of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 20 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that the products may derive will be borne by the User from the time of delivery. The User acquires ownership of the products when L I T receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount paid by L I T.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In orders to the Canary Islands, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories. The User must take into account that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be on their part.
7. TECHNICAL MEANS TO CORRECT ERRORS:
The user is informed that if he detects an error when entering the necessary data to process his purchase request on the website, he can modify them by contacting L I T through the enabled contact spaces. on the website and, where appropriate, through those authorized to contact customer service and / or using the contact information provided in the first clause (General information).
In any case, the user, before clicking on "Confirm purchase", has access to the space, cart or basket where their purchase orders are noted and can make changes.
In cases where the User purchases products on or through the owner's website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The user, as a consumer and user, makes a purchase on the website and, therefore, the right to withdraw from the purchase within 14 days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods purchased on the L I T website or in the case of the goods that make up his order. is delivered separately, within 14 calendar days of the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order or, in the case of a service contract, 14 calendar days from the date of conclusion of the contract.
To exercise this withdrawal right, the User must notify L I T of his decision. You can do this, when appropriate, through the contact spaces activated on the website or through:
with Roses 30 -03130 Santa Pola - Alicante
Phone in. Customer: (+34) -642291930 - (+ 351) 934618402
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the withdrawal decision is sent before the corresponding period expires.
In the event of a withdrawal, L I T will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the cheapest way offered on the Site) without any undue delay and , in any case, no later than 14 calendar days from the date on which L I T is informed of the decision to withdraw by the User.
L I T will refund the User using the same payment method he used to carry out the initial purchase transaction. This refund will not generate any additional costs for the user. However, L I T may withhold said refund until they receive the products or items from the purchase or until the User presents proof of return, depending on the condition that is met first.
The user can return or send the products to L I T at:
with Roses 30 -03130 Santa Pola - Alicante
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which L I T was informed of the decision to withdraw.
The User acknowledges that he must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, you will be responsible for decreasing the value of products resulting from handling that is not necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as established in article 103 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. As an example, and not exhaustively, this would be the case for: personalized products; products that can deteriorate or expire quickly; Music CDs / DVDs music or video without its packaging, as it is sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to Users will not be present when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by L I T, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, for products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact L I T immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or, where appropriate, the replacement thereof .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, it will always be the rights recognized in the current legislation at all times for the User, as a consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, responding L I T, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products comply with the contract provided that: they comply with the description made by L I T and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a brand or manufacturing product on the Website by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.
9. DISCLAIMER OF LIABILITY:
Unless otherwise provided by law, L I T will not accept any liability for the following losses, regardless of their origin:
- any losses that were not attributable to any default on your part;
- business losses (including loss of earnings, revenue, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, L I T also limits its liability in the following cases:
- L I T applies all measures related to the faithful display of the product on the website, however, it is not responsible for the minimal differences or inaccuracies that may exist due to the lack of screen resolution or browser problems used. or others of this nature.
- L I T will act with the utmost diligence to make available to the company responsible for transporting the product that is subject to the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially for causes such as strikes, roadblocks and, in general, any other specific to the sector, resulting in product delays, losses or thefts.
- Technical failures that, due to random or other causes, prevent the normal operation of the service over the Internet. Lack of availability of the site due to maintenance or other reasons, which prevents the service. L I T puts all means at its disposal to carry out the process of buying, paying and sending / delivering products, however, it is exempt from responsibility for causes not attributable to him, acts of God or force majeure.
- L I T will not be responsible for the misuse and / or wear of the products that were used by the User. At the same time, L I T will not be responsible for an incorrect return made by the User. It is the user's responsibility to return the correct product.
- In general, L I T will not be responsible for any breach or delay in fulfilling any of the obligations assumed, due to events that are beyond its reasonable control, that is, force majeure, and this may include, by way of example , but not exhaustive:
Strikes, blockades or other protest measures.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Accordingly, the obligations will be suspended for as long as the force majeure continues, and L I T will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. L I T will use all reasonable means to find a solution that allows it to fulfill its obligations, despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES:
By using this site, the user agrees that most communications with L I T are electronic (e-mail or notices published on the site).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that L I T sends electronically comply with the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with L I T through the contact details provided in these Conditions and, when appropriate, through the contact spaces on the Site.
Likewise, unless otherwise stipulated, L I T may contact and / or notify the User by email or postal address provided.
No waiver of L I T to a specific right or legal action or the lack of requirement by L I T of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfillment of his obligations.
No waiver by L I T to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT:
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and L I T in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by them. parts.
The User and L I T acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION:
15. APPLICABLE LEGISLATION AND JURISDICTION:
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between L I T and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS:
The User can send L I T their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, L I T has official complaint forms available to consumers and users, and that they can request from L I T at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between L I T and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: April 22, 2020