Terms and conditions

“SALE GENERAL CONDITIONS OF POOLFUNSTORE, ON-LINE SHOP OF BRYCUS HOME & GARDEN SL”

This document establishes the General Conditions of contractual relationship of the purchase of products from the website www.poolfunstore.com owned by BRYCUS HOME & GARDEN SL (hereinafter SUPPLIER OF THE SERVICE), Atrium Atica, Vía Dos Castillas 33. Complejo Emp. Atica Edif. 4. 28224 Pozuelo de Alarcón, Madrid. These General Conditions attached to the applications of products made by THE CONTRACTOR involve the formalization of the contract of sale between THE SUPPLIER OF THE SERVICE ant THE CONTRACTOR, who claims to have read, understood and accepted the General Conditions.

 

Through the General Conditions THE SUPPLIER OF THE SERVICE is committed to delivering products THE CONTRACTOR has requested through the website www.poolfunstore.com in exchange for a fixed price. Through the purchase of products available on this website, THE CONTRACTOR declares:

The General Conditions are subjected to the Law 1/1998, dated on the 13th of April, about General Conditions of Contracting; Law 26/1984, dated on the 19th of July, about General for the Defense of Consumers and Users; to Royal Decree 1906/1999, dated on the 13th of December, about Protection of Personal Data; the Law 7/1996, dated on the 15th of January, about Regulation of the Retail Trade; the Law 34/2002, dated on the 11th of July, about Services Information Society and Electronic Commerce, and Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods.

 

THE SUPPLIER OF THE SERVICE reserves the right to these General Conditions at any time, without the need to communicate it to THE CONTACTOR, which is responsible for the review as a prerequisite to the puchase of any products available through this website. In any case, the General Conditions exposed on the web will be considered as valid and applicable when the CONTRACTOR acquires the products.

 

4.1. Delivery of the product.THE SUPPLIER OF THE SERVICE is committed to delivering the product in perfect conditions to the direction that THE CONTRACTOR specifies on the order form of the Particular Conditions attached to the General Conditions. THE SUPPLIER OF THE SERVICE shall not be responsible for errors caused during the delivery if the data entered by THE CONTRACTOR on the order form is incorrect or have been omitted. Generally, the goods offered in the shop are available and the approximate delivery time for each product will be indicated in the e-mail confirmation of purchase.

4.2. Responsibility of THE SUPPLIER OF THE SERVICE. Under any circumstances, THE SUPPLIER OF THE SERVICE will be responsible for:

4.2.1. Any errors or delays caused by THE CONTRACTOR when entering their data to the order form, the slowness or inability of receiving confirmation of the adresses of the order or any anomalies that may arise when these incidents are due to problems on the Internet, to causes of fortuitous event or force majeure or any other unpredictable cause not belonging to THE SUPPLIER OF THE SERVICE. Otherwise, THE SUPPLIER OF THE SERVICE is committed to solving problems that might arise and to provide all necessary support to THE CONTRACTOR for reaching a quick and satisfactory resolution of the incident.

4.2.2. Any errors or damages caused by an inefficient use of the service and bad intention from THE CONTRACTOR.

4.2.3. Any problems or non-operating email address provided by the CONTRACTOR for the delivery of the order confirmation.

4.2.4. Right to cancel: You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us - For the attention of the Sales Manager Jesús González Jardinitis, Atrium Attica Road Complex Dos Castillas 33. Emp. 4. Bldg Attica 28224 Pozuelo de Alarcón (Madrid), phone: +34 918 314 064null, +34 918 314 064, email: Info@poolfunstore.com - of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The model cancellation form, as well as the corresponding product must be sent to the following address:

- For the attention of the Sales Manager Jesús González Jardinitis, Atrium Attica Road Complex Dos Castillas 33. Emp. 4. Bldg Attica 28224 Pozuelo de Alarcón (Madrid), phone: +34 918 314 064null, +34 918 314 064, email: Info@poolfunstore.com

I / We[*] hereby give notice that I / We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*],

 

Ordered on [*] / received on [*], Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper).

Date

[*] Delete as appropriate.

Please note that if the product is not returned in its original packaging, the product will suffer a depreciation.

4.2.5. Warranties: THE SUPPLIER OF THE SERVICE must deliver the product in perfect conditions, being exempt from any liability in relation to possible breakdowns or defects in the packages of the product produced after its delivery. In this case, THE CONTRACTOR renounces expressly to claim any contractual or extracontractual responsability for any damage or injury.

THE SUPPLIER OF THE SERVICE responds, according to Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods, to the agreement when delivering the product, with the General Conditions, as well as the card of each product, that appears on the website at the time of acquisition, or the card given to THE CONTRACTOR. THE CONTRACTOR, prior to signing the delivering order should check that the product is delivered in perfect conditions. If THE CONTRACTOR gives his apporval at the time of delivery, both parties will assume that the product is in conformity with the General Conditions as well as according to the General Conditions and its corresponding card.

4.2.6. Deadlines: THE SUPPLIER OF THE SERVICE responds during a period of two years, after the delivery of the product, of any lack of conformity expressed at the time of delivering of the product, according to the General Conditions and its corresponding card. In any case, THE CONTRACTOR has a period of two months to inform THE SUPPLIER OF THE SERVICE of the lack of conformity of the product, from the time when this would have been detected.

In the event that the lack of conformity had been detected after 6 months from the delivery of the product, it will be THE CONTRACTOR who will have to prove that the lack of confomity existed at the time of that delivery. In this case, THE SUPPLIER OF THE SERVICE will make reasonable actions so that THE CONTRACTOR can contact the manufacturer of the product in order to find the best solution in each case, being THE SUPPLIER OF THE SERVICE exempt from obtaining any concrete results.

4.2.7. If the product does not fulfill the General Conditions or the corresponding card, as long as it complies with the requirements set out here, THE CONTRACTOR will be able to:

- Demand the repair or replacement of the product, according to the rules established on the Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods.

- Demand a reduction on the price or the termination of the contract when the repairs or replacement of the product would not be possible. But under no circumstances will the contract be resolved when the lack of conformity is of negligible importance.

 

5.1. Payment. THE CONTRACTOR agrees to pay upfront for the product requested in the amount and form as follows:

5.1.1. Amount. The price of the product requested by THE CONTRACTOR is specified on the website and on the particular request of THE CONTRACTOR at every time. These requests will constitute the conditions of the order given. The prices of the products listed on the website will always appear with taxes included.

To prices listed on the website, transport charges have to be added. The prices are not charged by THE SUPPLIER OF THE SERVICE, but they are assigned by the official state postal service or by private messaging companies. THE SUPPLIER OF THE SERVICE will not generate any benefit to these fees, which agrees to comunicate the overall cost of both, the product and the transport charges, previously to THE CONTRACTOR before confirming the purchase and to the email adress provided.

5.1.2. Payment options. THE CONTRACTOR will have to pay the amount corresponding to the product purchased through bank transfer, credit card or paypal .

5.2. Responsibility of THE CONTRACTOR. In any event, THE CONTRACTOR is responsible to:

5.2.1. Assume all risks of deterioration, damage and loss of products from the time when the products have been delivered by the third party who, on behalf of THE SUPPLIER OF THE SERVICE, making the delivery.

5.2.2. Check the condition of the package in front of the third party who, on behalf of THE SUPPLIER OF THE SERVICE, makes the delivery of the required product, indicating on the delivery note any anomaly detected on the packaging. If, after reviewing the product, THE CONTRACTOR detect any incident such as an impact, breakage or any damages caused during shipment, THE CONTRACTOR undertakes to communicate it to THE SUPPLIER OF THE SERVICE in the shortest time possible.

 

6.1. Information to THE CONTRACTOR about the existence of a file and application form for the consent for the processing of the data. In connection with the personal data provided by THE CONTRACTOR to any forms that are on the website, THE SUPPLIER OF THE SERVICE adheres strictly to the current regulation established on the Law 15/1999 about the Protection of personal data, and other norms that this develops, and reports to THE CONTRACTOR that these data will be included in a file for their automation. THE CONTRACTOR consents this automation by accepting the General Conditions.

6.2. Aims of treatment: THE SUPPLIER OF THE SERVICE collects certain personal information that is introduced by THE CONTRACTOR into the form to formalize the purchase of products. THE SUPPLIER OF THE SERVICE inform THE CONTRACTOR that the data will be managed automatically. THE SUPPLIER OF THE SERVICE will make use of the data for billing and shipping the product. In any case, the data collected and processed by THE SUPPLIER OF THE SERVICE will not be used for any other purpose but the specified above.

If you sign up to our newsletter, we may use your e- mail address to send you information about our products and services. At any stage you can ask us to stop using your personal data for direct marketing purposes. You can opt out of receiving any marketing communications from us by clicking the Unsubscribe link at the bottom of the e-mail.

6.3. Compulsory introduction of the data: The fields in which it appears a red box in the forms are those that require an obligatory response. In case that they will not be covered, it would be impossible to send the query or to perform the specific command.

6.4. Rights of acces, rectification, cancellation and opposition: THE CONTRACTOR that enters his personal information to the various forms, will have the full right to exercise his or her rights of access, rectification, cancellation and opposition at any time requesting it to (include) or by mail at info@poolfunstore.com or at Jardinitis S.L. C/ Pujades 68, 2n - 2a, 08005 Barcelona including both copies of the ID card or other identification card, of the owner of the data. THE SUPPLIER OF THE SERVICE reiterates that undertakes the respect and absolute confidentiality in the collection and procedure of the CONTRACTOR’s personal data, and states their commitment not to transfering the data to third parties under any circumstances, without the prior consent of holders.

6.5. Security: THE SUPPLIER OF THE SERVICE ensures total confidentiality and privacy of personal data collected. For this reason, security measures have been taken to prevent the alteration, loss, treatment or unauthorized acces to the data, and ensure thus their integrity and security, specially those provided in the Royal Decree 994/1999, dated on the 11th of June, about Regulation of Security Measures of the Files Containing Personal Data. THE SUPPLIER OF THE SERVICE shall not be responsible in case of incidents that might arise concerning the personal data when they are derived from an attack or unauthorized access to the systems so that it would be impossible to detect by the security measures implemented or when it results from a lack of diligence of THE CONTRACTOR in relation to the guard or custody of their passwords or their own personal data.

6.6. Veracity of the data: THE CONTRACTOR will be responsible for the accuracy of their data, committing itself not to introduce false data and to modify them if it would be necessary.

 

7.1. THE SUPPLIER OF THE SERVICE in any case will be responsible for:

7.1.1. The errors or incidents that may occur in the papers or incomplete transmissions so that there is no guarantee that the services of the website are constantly operating.

7.1.2. The production of any type of damage that THE CONTRACTOR or third parties could lead to the website.

7.2. THE SUPPLIER OF THE SERVICE reserves the right to suspend the access to the website without notice and discretion, permanent or temporary, to assure the effective responsibility for damage that might occur. Similarly, THE SUPPLIER OF THE SERVICE will work and notify the competent authority such incidents at the time it becomes aware that the damages constitute any kind of illegal activity.

 

THE SUPPLIER OF THE SERVICE reports that the website www.poolfunstore.com, - its contents, programming and design – is fully protected by copyright, and is expressly prohibited any reproduction, communication, distribution and transformation of the referred elements protected unless express written consent of THE SUPPLIER OF THE SERVICE.

 

The General Conditions are governed by the Spanish law. To resolve any dispute or conflict arising out of the General Conditions, THE SUPPLIER OF THE SERVICE submits the criteria for determining competence established in the applicable legislation on consumers and users.

 

In case that any clause of these General Conditions might be declared invalid, the other clauses will remain valid and will be taken into account the will of the parties and the aim of these General Conditions. THE SUPPLIER OF THE SERVICE may not exercise any of the rights and powers conferred in this document, this does not mean, in any case, the resignation of the rights and powers except for expressed recognition by THE SUPPLIER OF THE SERVICE.