GENERAL CONDITIONS OF CONTRACT
These General Conditions establish, together with the other terms and conditions, the legal framework that shall govern the contracting of products through the website www.abbacino.es. This Website belongs to the Organisation SEYMA IMPORTACIO S.L.U , a legally established company, with registered address at C/ BELLAVISTA, 23 07520 PETRA, BALEARES, tax code B07713324, and entered on the Companies Registry of the ILLES BALEARS in Volume 1907, Folio 183, Sheet 19925, Section 8.
I.- PRE-CONTRACTING INFORMATION
If you are under 18 years of age, you may not purchase any products on the www.abbacino.es website. To purchase any product and/or article on the website, you must be 18 or over.
We recommend that you read these general terms and conditions prior to making a purchase, as their acceptance is a prior and essential step in the purchasing process. Prior to the start of the purchasing procedure, the company/entity makes these general terms and conditions available to you so that you may save and reproduce them.
We inform you that an electronic archive of these general terms and conditions of business will be produced and accessible to you at all times. All information provided during the purchasing process will be stored by the company and prior to procurement and during the purchasing process, you will be able to access, file and print these general terms and conditions for consultation purposes.
We inform you beforehand of the procedures that you must follow to accept these general terms and conditions. The procedures for purchasing the products offered are those described in these general terms and conditions, as well as the specific ones indicated on the website while browsing, so that you as the client/user declare that you know and accept these procedures as necessary for acquiring and/or purchasing the products offered on the website.
Our products may be purchased in the language of your choice of those available on the website. However, the language in which these general contract conditions are formalised is Spanish.
During the purchasing procedure, the company/entity provides you with the appropriate technical means to identify and correct errors. Any modification or correction of the data provided by you while browsing must be carried out in accordance with the indications provided on the website. This website displays windows for confirmation 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. Before making a payment, you will be able to view the products selected on the website and the details of your order so that, if necessary, you may change these details. If you detect an error after completing the payment process, you should contact customer service at: 971561033 or at the email address: [email protected].
By providing your personal data, you give your express consent to processing this personal data for the purpose of purchasing the products on the website.
The online purchase of the products offered by the company/entity through this website is subject to the provisions of these General Contract Conditions.
The purchase of any of the products of the company/entity through the website requires the acceptance of each and every one of the general contract conditions and/or the specific conditions applicable to the products purchased.
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 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and any complementary laws that may be applicable.
If you have any queries, please contact us at the following email address: [email protected].
II.- DETAILS OF SELLER.
This website is operated by:
SEYMA IMPORTACIO S.L.U
CIF/NIF (Corporate tax ID).B07713324
Address: C/ BELLAVISTA, 23 07520 PETRA, BALEARES.
SEYMA IMPORTACIO S.L.U sells the products and/or articles offered through the website www.abbacino.es.
The company/entity has its registered address and/or premises at C/ BELLAVISTA, 23 07520 PETRA, BALEARES.
SEYMA IMPORTACIO S.L.U is the owner of the domain and the website www.abbacino.es.
III.- PURPOSE OF THE CONTRACT CONDITIONS.
The purpose of these contract 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 for purchasing arising between the company/entity and yourself at the moment you check the corresponding box during the online purchase process.
The characteristics of the products purchased are reflected on the website.
The purchasing on your part of any of the products and/or articles through the websitewww.abbacino.es entails the acceptance and subjection to these General Contract Conditions and to the particular conditions that may apply to the purchase of each of the products and/or articles.
The prices applicable to the products and/or articles purchased by you are those indicated on the website on the date of purchase. VAT is included.
All the technical means and requirements needed to access the website and the products and/or articles offered therein shall be the sole responsibility of the user.
Once you have accessed the website, in order to proceed with the purchase of the different products or articles, you must follow all the indications and instructions on the website, completing for these purposes the required contract conditions and other forms established for each product/service/hotel and/or tourist accommodation service, which requires reading and accepting these General Contract Conditions, as well as, where applicable, particular conditions that may be applicable.
IV. PURCHASE PROCEDURE.
If you are under 18 years of age you cannot purchase the products from www.abbacino.es. To purchase any product from SEYMA IMPORTACIO S.L.U you must be of legal age.
Products must be contracted by specifically selecting the desired product or products, using the purchase selection tools installed on the Website. Once the purchase has been selected and the request verified, you will have explicitly accepted in full each and every one of the conditions of contract contained on the Company’s Website, and which implies the purchase of the products requested.
From the moment of acceptance, the User is granted the status of Customer of the Company/Organisation.
Any product or service offered subsequently by the Company/Organisation shall be subject to a new contract.
Customers are advised to read these General Conditions carefully, and either print them out or save the document in electronic format.
To contract any of the products on the Website www.abbacino.es, the User must register his or her personal and/or professional details and choose a password to access areas requiring prior log-in.
Once your data is registered on our server, or you contract our services, your personal and professional details, address and chosen method of payment are added to our database, which is used solely to process the sale of the product contracted for the selected period and to send information on offers and information that may be of interest to you during the period contracted. At any time, you can modify your Customer registration data (address, contact telephone number, email address, etc.) or request a reminder if you have forgotten your password.
Once the Customer account has been created, you are informed that, in accordance with article 27 of Act 34/2002 governing Information Society and Electronic Commerce Services, the contract procedure will consist of the following steps:
1.- To initiate the contract and/or acquisition on the Website www.abbacino.es, the User must select any of the products shown on the website.
The User can view and control the product or products selected by following the purchase and/or contract instructions on the Website. The Website will show the objects selected, the price and any Specific Conditions.
Once the products have been selected, the User must proceed to the payment and/or contract. The User will be shown the products selected, their quantity, their prices, the VAT amount, the total purchase price and whether any transport costs are included. If transport costs are not included, the User will be informed of the transport and/or delivery cost for the product and/or products selected. Users may also apply any discounts available to them. At this point the User may continue shopping or proceed to the payment and/or contract.
2. To make the payment, the User must be registered on the Website. To do so, a form must be completed with the information requested. Any information that is necessary to proceed to the purchase will be marked with an asterisk.
The User can check the appropriate box to ask to receive news and offers from SEYMA IMPORTACIO S.L.U. The same applies to confirming the delivery and billing address.
3. The next step will be to determine the delivery details. This is done by specifying a delivery address.
4. The payment method accepted by the Vendor is:
· Master Card
5.-For SEYMA IMPORTACIO S.L.U the security of its clients is essential […]. Therefore, in order to protect the transmission of confidential information, the Web server of www.abbacino.es has a data encryption protocol using algorithms of up to 128 bits, through an SSL Security Certificate (Secure Sockets Layer). SSL encryption technology protects economic transactions and the flow of data (name, address, credit card number, etc.), allowing operations to be carried out securely.
For payment with credit cards of Visa and Mastercard, the client must have activated the payment through CES (Comercio Electrónico Seguro = Secure Electronic Commerce). Communication between the client and the payment entity will also be done through a secure server with SSL encryption. The client's credit card data will be absolutely confidential (: neither SEYMA IMPORTACIO S.L.Unor third parties may have access to them).
6.- Finally, the User must confirm the contract.
In all cases the Vendor’s contract platform will inform the User once the purchase and/or contract procedure has been completed.
The product is offered on the Website with an accurate as possible description of its characteristics.
V. PRICE AND AVAILABILITY OF PRODUCTS.
The prices applicable to each of the products are those published on www.abbacino.es, indicated below each product. Prices are shown in euros.
Before the Buyer accepts the contract and/or acquisition operation, the prices are clearly specified for each of the products selected and/or contracted and/or costs that will be applicable to the operation and any promotions or discounts that may apply.
The Vendor reserves the right to modify the prices at any time. In the event of the sale price being modified, the products will be invoiced according to the price indicated during the contract and/or acquisition registration process.
Any payments made to the Vendor will entail an invoice being issued in the name of the User and/or Customer. For any information about the product contracted, a service will be available to the User via email at the address [email protected]. In all cases, this must be indicated in the subject of the email or in the Customer’s details.
VI. DELIVERY OF PRODUCTS AND TRANSPORT COSTS
The products acquired are sent to the delivery address indicated by the Customer within approximately 2 to 3 working days for shipments in Spain and Portugal, and 2 to 4 working days for shipments to the rest of the European Union for deliveries for products in stock. If stock is not available, the Company and/or Organisation will inform the Customer of this situation as quickly as possible. The Company/Organisation will not be held liable for any delays that may occur for reasons beyond its control or due to force majeure.
Delivery costs are included in the end price when carrying out the purchase and/or contract.
Shipments to Spain/Portugal:
Standard Shipping (GLS)
- For shipments less than 45 euros in Spain/Portugal, the shipping costs will be 5 euros.
- For shipments over 45 euros in Spain/Portugal, shipping costs will be free of charge.
Parcelshop Delivery (GLS)
- For shipments less than 45 euros in Spain/Portugal, the shipping costs will be 5euros.
- For shipments over 45 euros in Spain/Portugal, shipping costs will be free of charge.
Shipments outside of Spain/Portugal:
- For shipments less than 60 euros outside of Spain/Portugal, shipping costs will be 10 euros.
- For shipments over 60 euros outside of Spain/Portugal, shipping costs will be free of charge.
VII. VALIDITY OF THE OFFER.
Offers are duly indicated as such. The products offered on the Website will be available until any modification relating to the product is made, notice of which will be given one week in advance.
VIII. RIGHT OF WITHDRAWAL
The Contracting Party acquires the status of consumer and User, and in accordance with article 68 of Royal Decree 1/2007, is entitled to or has the right to withdraw within a period of 14 DAYS.
In accordance with article 71 of Royal Decree 1/2007, because this contract pertains to the acquisition of a product, the period of days in which to exercise the right of withdrawal will begin on the date on which the product is received.
To exercise the right of withdrawal, the Customer may use any of the following methods:
a) By telephone at the number 971561033.
b) By email at the address C/ BELLAVISTA, 23. Using the withdrawal form that the Customer must download here, and which can be sent to the email address [email protected].
In this case the Customer must state WITHDRAWAL FORM as the subject of the email.
WITHDRAWAL FORM (You should only complete and send this form if you wish to withdraw from the contract).
FOR THE ATTENTION OF: SEYMA IMPORTACIO S.L.U, with personal/company tax code: B07713324, address at: C/ BELLAVISTA, 27 07520 PETRA, BALEARES, Tel. no.: 971561033, Email: [email protected]
I hereby inform you that I withdraw from my sales contract for the following item or items, with reference no. reference no. Relating to order no.:
with purchase date Name of Buyer(s)
Address of Buyer(s)
Signature of consumer(s) Date Signature of the professional(s) Date
The customer will enjoy a calendar period of from receipt of the goods, or from confirmation of the purchase in the case of a service, to terminate the contract. Within the established period and via any channel accepted by law, the customer must notify the company/entity of their wish to exercise their right to terminate the contract.
The returned order must be delivered together with the delivery note and, where applicable, the invoice issued by the company/entity. The customer must pay any costs incurred when returning the order.
The customer is entitled to return any item they may have purchased from the company/entity provided that the product is in perfect condition, in the original packaging and accompanied by the corresponding manuals, accessories or promotional gifts, where applicable.
Under no circumstances will the exchange or return of custom-made items or confirmed special commissions be accepted.
The user must pay the cost of returning the item unless the product is defective or otherwise incorrect.
To request the return of the products, the customer can use any of the following means:
a) By telephone on the number. 971561033.
b) By email to the address [email protected], using the return form the customer can download here, and which can also be sent by email to the address [email protected]. In this case, the customer should use the subject line "RETURN FORM".
For any complaint or query, you can contact the company/entity by telephone on 971561033 or by email at [email protected].
The customer/user may return the product to any of the shops of the company/entity in Spain.
If you are a professional or business owner, none of the provisions of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the Spanish General Law on the Defence of Consumers and Users, will apply to this contracting process. If you are a professional or business owner, the clause governing the right of withdrawal and/or refund will not apply to this contracting process under any circumstances.
XI. ENTERING INTO THE CONTRACT
Contracts shall be deemed entered into and produce all the effects provided for by law when consent and the other requirements necessary for their validity are met, and shall be governed by the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), art. 23 and 24, the Civil Code, the Commercial Code and other applicable civil or mercantile regulations. If you are a consumer, it will be understood that this contract is entered into at the place where you have your primary residence. If you are a professional or business owner, it will be understood that this contract is entered into at the location of the registered address and/or premises of the company/entity.
The company/entity reserves the right to amend or replace these contracting terms and conditions in the event of new economic, commercial or regulatory circumstances and/or extraordinary circumstances that affect the sale of the product and/or provision of the service and/or aspects related thereto that justify any such amendment to these terms and conditions. Any unilateral amendments to these terms and conditions on justifiable grounds will not, under any circumstances whatsoever, affect the contracting terms and conditions governing those products, services or promotions that may have been accepted prior to such amendments.
XIII. LIABILITY REGIME
The company/entity will not be liable for problems due to lack of access or problems inherent to Internet connectivity or electricity networks when the causes are beyond its control or could not have been foreseen by the parties, or that, if foreseeable, the company/entity makes all reasonable efforts to avoid them or they are considered acts of god or force majeure.
The company/entity accepts no liability whatsoever for any delay to the performance of its obligations or failure to perform the same in the event that such non-compliance stems from a situation of force majeure, in accordance with the provisions of Article 1,105 of the Spanish Civil Code. Such circumstances will be communicated to the other party as soon as possible. The agreed delivery times will be extended for at least the period of time during which the situation of force majeure existed. If the situation of force majeure persists for more than three (3) months, either of the parties may terminate these contracting terms and conditions.
XIV. PROTECTION OF INTELLECTUAL PROPERTY
SEYMA IMPORTACIO S.L.U is the owner of the domain and the website www.abbacino.es. The trademark is duly registered in the name of SEYMA IMPORTACIO S.L.U. Likewise, the website www.abbacino.es including, but not limited to, programming, editing, compilation, designs, logos, text and / or graphics, is the property of SEYMA IMPORTACIO S.L.U , and is protected by national and international intellectual and industrial property law. 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 authorisation to this effect.
Access by the user to the website does not grant the user any ownership rights over the same. SEYMA IMPORTACIO S.L.U shall take legal action as provided by law against those who knowingly and without authorisation carry out any of the aforementioned acts.
XV. APPLICABLE LAW AND JURISDICTION.
These general conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. The parties submit to the jurisdiction of the competent Courts and Tribunals for any questions that may arise or actions that may be brought as a result of the provision of the website service and its services and contents, and regarding the interpretation, application, fulfilment or non-fulfilment of the provisions of these general conditions. If the user is considered to be a consumer, the competent Courts and Tribunals will be those provided for in the provisions of current legislation governing consumer protection.
XVI. PERSONAL DATA
In accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 and Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights, you are provided with the following information on how your personal data is processed: RESPONSIBLE / MANAGER: SEYMA IMPORTACIO S.L.U Fiscal ID code: B07713324 Address: C/ BELLAVISTA, 23, CP: 07520 PETRA Telephone: 971561033 Email address: [email protected]. DATA PROTECTION OFFICER: CONTACT: / http://www.protecmir.com / E-MAIL: [email protected]. PURPOSE: At SEYMA IMPORTACIO S.L.U, we process the information that you provide with the purpose of selling the products contracted, invoicing for said products and managing the sending of marketing information and surveys. We will develop a commercial profile based on the information provided in order to be able to offer you our services in accordance with your interests. No automated decisions will be made based on this profile. The personal data provided will be retained for the duration of the commercial relationship and as long as no request has been received to delete the same by the interested party, for a duration of 5 years from the last time you contract and/or purchase anything. In any event, your personal data will be retained while they remain useful for the purpose indicated, and in any event for the legally established periods and for the time needed to address any possible liabilities resulting from said processing. LEGAL BASIS: Personal data processing is based on the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into the contract, and in any event you have given your consent for your personal information to be processed for one or more specific purposes, in accordance with the provisions of the GDPR EU 679/2016 (ART. 6.1. A. B) and Organic Law 3/2018 of 5 December (Data Protection and Guarantee of Digital Rights: LOPDPGDD). Articles 20 and 21 of the Information Society Services Act 34/2002, for the use of telecommunications to send commercial offers, shall apply. While the prospective offer of products and services is based on the consent you are requested to provide, the withdrawal of this consent will not condition the contract for the purchase of any product and/or service under any circumstances. The personal data must be provided, otherwise the service requested and/or the product sold and/or the requested offer cannot be provided. Consent must be provided in order to be able to make prospective offers and send you commercial information. RECIPIENTS: No personal data will be shared with any third party not connected to the company, unless it is a legal requirement to do so. However, you are informed that third-party providers may have access to your personal data, as data processors, within the framework of the provision of a service for the Data Controller company. In addition to the above, the company may share or communicate personal data in order to meet its obligations with public administrations when required to do so by law. No data is expected to be transferred to third countries. RIGHTS: Interested parties have the right to obtain access to their personal information, as well as to request that any inaccurate data be rectified or, where appropriate, to request the removal of said data when, among other reasons, the information is no longer needed for the purposes for which it was obtained. In certain circumstances, interested parties may request that the processing of their data be limited, in which case we will only retain it for the purpose of filing or defending complaints. Additionally, and for purposes related to their particular situation, interested parties may oppose the processing of their data, in which case their personal information will no longer be processed for those purposes to which they have stated their opposition. When technically possible, the interested party may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, the parties concerned may write to SEYMA IMPORTACIO S.L.U at C/ BELLAVISTA, 23, CP: 07520 PETRA, enclosing a copy of a document accrediting their identity (national identity document), or email [email protected]. You have the right to file a complaint with the Regulatory Authority: The Spanish Agency for Data Protection (www.agpd.es). Origin of personal data: the data subject.