OBJECT AND GENERALITIES
Through its site www.torrevella.com, THE COMPANY provides information about its products and offers the possibility of their acquisition. Due to the content and purpose of the Website, people who want to benefit from its services must have the status of "Client", which they acquire by completing the registration form and following the steps that THE COMPANY subsequently communicates via email. The condition of Client implies adherence to the Conditions of Use, the version published at the time the Website is accessed.
In any case, there are pages of the Website accessible to natural or legal persons that do not register or initiate a product purchase (hereinafter, "Users"). In this sense, the Users who access these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, insofar as this may be applicable to them.
THE COMPANY wants to let its Clients and Users know that it is aimed exclusively at an audience over 16 years of age and that the territory in which it accepts and distributes orders is the Peninsula and the Balearic Islands (hereinafter, the "Territory"). THE COMPANY does not ship orders abroad (except Portugal) or, for the moment, to the Canary Islands, Ceuta and Melilla. If a user is interested in receiving an article outside the territory of the Peninsula and the Balearic Islands, they should contact THE COMPANY through the form or by sending an email to firstname.lastname@example.org, we will study their request and inform them about it.
CONTACT: For any type of doubt, query or suggestion, you can send us your comments by email to: email@example.com
The descriptions of the products displayed on the Website are made based on the information provided by the suppliers of Torrevella Explotation Agrícola SL. However, the information given on each product, as well as the photographs or videos relating to them and the names trademarks, trademarks or distinctive signs of any kind contained on the COMPANY's website are displayed at www.torrevella.com for guidance.
All the prices of the products that are indicated through the website include VAT and other taxes that may correspond. However, these prices do not include the costs corresponding to the shipment of the products, which are detailed separately and must be accepted by the Customer.
THE COMPANY informs the Client that the number of units available is kept up-to-date with the stocks in warehouse and the availability by our suppliers. In no case will THE COMPANY intentionally put more units on sale than it has or the supplier has reserved for it.
THE COMPANY will do everything possible to please all its Clients in the demand for the products. However, on occasions, and due to causes difficult to control by THE COMPANY such as human errors or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order made by THE COMPANY to satisfy the orders of the Clients.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If, as a result of this cancellation, the customer wants to return the delivered product, they must follow the provisions of the Return section.
The Customer agrees to pay at the time the order is placed. To the initial price that appears on the website for each of the products offered, the corresponding rates will be added to the relevant shipping costs. In any case, these rates will be previously communicated to the Client before formalizing the purchase itself.
The ticket or proof of purchase corresponding to the purchase order will be available and can be viewed at www.torrevella.com in the "My account", "Orders" section.
The Client must pay the amount corresponding to his order by means of payment by credit or debit card (Visa, Mastercard, Visa Electron and / or other similar cards). The card with which the payment is made must have a Spanish bank or savings bank as the issuing financial institution. Card payment is made through PayPal with its security protocols.
The Client must notify THE COMPANY of any undue or fraudulent charge on the card used for purchases, by email or by telephone, in the shortest time possible so that THE COMPANY can carry out the appropriate procedures.
Once the order is formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, THE COMPANY will always send an email to the CUSTOMER confirming the details of the purchase made.
CANCELLATION OF ORDERS
THE COMPANY will accept order cancellations when requested before it is sent. To make the cancellation you must request it through the form "Customer Service" or by sending an e-mail to firstname.lastname@example.org.
DEADLINES, PLACE OF DELIVERY AND LOSS
I. Product delivery
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the Client in the order form, and which in any case must be within the Territory. In order to optimize delivery, we thank the Customer for indicating an address where the order can be delivered within normal business hours.
THE COMPANY will not be responsible for errors caused in delivery when the delivery address entered by the Customer in the order form does not conform to reality or has been omitted.
THE COMPANY informs the Client that it is possible for the same order to be divided into several deliveries.
II. Delivery term
Shipments will be made through a courier company. The order placed by you will be delivered to you within a maximum period of 10 working days after we have confirmed the order. Although the usual delivery time of THE COMPANY usually ranges between 3 and 6 days, from the completion of the order.
These deadlines are means, and therefore an estimate. Therefore, it is possible that they vary for logistical reasons or force majeure. In cases of delays in deliveries, THE COMPANY will inform its clients as soon as it becomes aware of them.
Each delivery is considered made from the moment in which the transport company makes the product available to the Customer, which is materialized through the control system used by the transport company.
In the case of delays in the delivery of orders attributable to THE COMPANY, the Customer may cancel their order in accordance with the procedure described in Section «11. Return". Delays in delivery will not be considered those cases in which the order has been made available to the Customer by the transport company within the agreed period and could not be delivered for reasons attributable to the Customer.
III. Shipping costs
For Spain (peninsula) and Portugal the shipping cost will be according to the rates negotiated with the carrier and indicated in the order placed.
Once the order leaves our warehouses, an e-mail will be sent notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any order to post office boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and its address.
IV. Delivery Data, Deliveries not made and Loss
If at the time of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, to carry out a series of follow-up actions, aimed at guaranteeing that the delivery occurs.
If after 7 business days after the delivery of the order, the delivery has not been arranged, the Client must contact THE COMPANY. In the event that the Client does not proceed in this way, after 10 business days from the delivery of the order, it will be returned to our warehouses and the Client will be responsible for the shipping costs and return to origin of the merchandise, as well as possible associated management fees.
If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually vary between one and three weeks.
V. Diligence in delivery
The Client must check the good condition of the package before the carrier that, on behalf of THE COMPANY, delivers the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If, later, once the product has been reviewed, the Client detects any incident such as blow, breakage, signs of having been opened or any damage caused to it by the shipment, the Client undertakes to notify THE COMPANY via email within the shortest period of time. possible time, before the next 24 hours from delivery. From that moment on, incidents of this type will not be dealt with (only parts under warranty).
I. Return procedure
All products purchased from THE COMPANY may be returned and reimbursed, provided that the Client communicates to THE COMPANY his intention to return the purchased product / s within a maximum period of 7 calendar days from the delivery date and that the rest of the conditions established in this section are met.
THE COMPANY will only accept returns that meet the following requirements:
- The product must be in the same state in which it was delivered and must retain its original packaging and labeling.
- The shipment must be made using the same box in which it was received to protect the product. In the event that it cannot be done with the box with which it was delivered, the Client must return it in a protective box so that the product reaches the COMPANY's warehouse with the maximum possible guarantees.
- A copy of the delivery note must be included in the package, where the returned products and the reason for the return are also marked.
In order to facilitate the return process for Clients and to be able to correctly monitor it, THE COMPANY establishes the only return procedure established by THE COMPANY. If the reason for the return is attributable to THE COMPANY (the product is defective, not the one you ordered, etc.), the amount of the return will be refunded. If the reason is another (the products were served correctly but they are not to your liking), the cost of the return costs will be paid by the customer.
To proceed with a return, the following steps must be followed:
- Inform within 7 calendar days of receipt that the product wants to be returned. The information can be made via email to email@example.com or through the customer service form.
- THE COMPANY will inform the customer of the address to which the product must be sent.
- The customer must send it through a courier company of their choice. The return must be paid by the customer.
- Inform the courier company used, date and time of the return.
II. Refunds to the CLIENT
Returning the products will result in a refund equal to the cost of the returned products less the cost of the return service.
Only in the event that the delivered product is defective or incorrect, THE COMPANY will also reimburse the Customer for the corresponding shipping costs.
Returns and partial cancellations will result in partial refunds.
THE COMPANY will manage the return order under the same system that was used for payment within a period of 3 days from the confirmation of arrival at the warehouse of the returned order. The application of the refund on the Customer's account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
GUARANTEE OF PRODUCTS PURCHASED
THE COMPANY acts as a distributor of manufacturers who guarantee that the products that are presented for sale on www.torrevella.com work correctly and do not present defects or hidden defects that may make them dangerous or unsuitable for normal use.
The contractual guarantee offered is the one usually granted by the manufacturer. Once the Customer has received the product, they will have the instructions provided by the manufacturer in its box, sufficient for the correct use and installation of the product and all the information about the warranty. No Client may request a broader guarantee than that indicated there.
THE COMPANY will not be obliged to collect the damaged product and the Customer must contact the Manufacturer's After-Sales Service. In this sense, THE COMPANY will carry out the actions aimed at providing Customers who request it with the contact details of said service and will provide them with enough information to present the pertinent claims.
The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, installation and use not in accordance with the manufacturer's instructions.
Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the guarantee. The guarantee will not be applicable to apparent defects and product conformity defects, for which any claim must be made by the Customer in question within 7 days of delivery of the products. The warranty will not cover products damaged by improper use.
It is expressly indicated that the inflatables do not have a guarantee since the manufacturer does not provide it due to the different factors that can affect their correct operation (punctures, sun exposure, scratches ...).
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all the rights to the content, design and source code of this website and, especially, with an enunciative but not limiting nature, to the photographs, images, texts, logos, designs, trademarks, trade names and data that are include on the Web.
Clients and Users are advised that such rights are protected by current Spanish and international legislation on intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all current Spanish and European Community regulations on the matter also apply.
The total or partial reproduction of this Website, or of any of its contents, without the express written permission of THE COMPANY is expressly prohibited.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that entails an infringement of current Spanish regulations and / or international regulations in the field of intellectual and / or industrial property, as well as the use of the contents of the Web if it is not with the express prior written authorization of THE COMPANY.
THE COMPANY informs that it does not grant any implicit license or authorization on intellectual and / or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Web.
The use of the contents of the web domain is only authorized for informational and service purposes, provided that the source is cited or referred to, the user being solely responsible for the misuse of the same.
ACCESS AND STAY ON THE WEB. OUR CONTENTS
Clients and Users are fully responsible for their conduct, when accessing information on the Web, while browsing it, as well as after having accessed it.
As a consequence of the foregoing, Clients and Users are solely responsible to THE COMPANY and third parties for:
- The consequences that may arise from the use, for illicit or contrary purposes or effects of this document, of any content on the Web, prepared or not by THE COMPANY, published or not under its name officially.
- As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent the normal enjoyment by Other users.
THE COMPANY reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients and Users who do wrong use of the contents and / or breach any of the conditions that appear in this document.
THE COMPANY informs that it does not guarantee:
- That access to the Web and / or the linked Web sites is uninterrupted or error-free.
- That the content or software that Clients and Users access through the Web or the linked Websites does not contain any errors, computer viruses or other elements in the contents that may cause alterations in their system or in electronic documents and files stored on your computer system or cause other damage.
- The use of the information or content of this website or link websites that Clients and Users could make for their personal purposes.
The information contained in this website must be considered by Clients and Users as informative and guiding, both in relation to its purpose and its effects, which is why:
THE COMPANY does not guarantee the accuracy of the information contained in this Website and therefore does not assume any responsibility for any possible damages or inconveniences for Users that could be derived from any inaccuracies present on the Website.
THE COMPANY does not assume any derivative responsibility, by way of example but not limited to:
- The use that Clients or Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the contents of the Website or of third parties.
- Of the eventual damages and losses to the Clients or Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and / or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program provides to the User.
- Of the contents of those pages that Clients or Users can access from links included in the Web, whether authorized or not.
- Of the acts or omissions of third parties, regardless of whether these third parties could be linked to THE COMPANY through contractual means.
- The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the Internet use control tools with The purpose of avoiding (i) access to materials or content not suitable for minors, as well as (ii) sending personal data without the prior authorization of their parents or guardians.
- Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Web and / or link websites, nor will it be responsible, therefore, for the eventual damages and prejudices suffered. Individual and / or collective Clients or Users as a result of said communications and / or dialogues.
THE COMPANY will not be liable in any case when:
- Errors or delays in accessing the Website by the Client when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, unforeseeable causes or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY.
- Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operational.
- Of the errors or damages produced to the website by an inefficient use of the service and in bad faith by the Client.
- Of the non-operation or problems in the email address provided by the Client for sending the order confirmation.
- In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the Client to reach a quick and satisfactory solution to the incident.
- Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
Clients and Users agree to browse the website and use the content in good faith.
The data of the Clients will be used for the sending by email of the sales made by THE COMPANY and for the delivery of the purchases.
By simply visiting the Web, Users do not provide any personal information or are obliged to provide it.
THE COMPANY undertakes to keep the maximum reserve and confidentiality regarding the information provided to it and to use it only for the indicated purposes.
THE COMPANY presumes that the data has been entered by its owner or by a person authorized by him, as well as that they are correct and exact.
It is up to the Clients to update their own data. At any time, the Client will have the right of access, rectification, cancellation and opposition to all their personal data included in the different registration forms. To modify or update their personal data, the Client must access www.torrevella.com, to the "My Account" section. To cancel your account write an email from your account email to firstname.lastname@example.org with the subject "Cancel account".
Therefore, the Client is responsible for the veracity of the data and THE COMPANY will not be responsible for the inaccuracy of the Clients' personal data. In accordance with current legislation on data protection, THE COMPANY has adopted adequate security levels for the data provided by Clients and, in addition, has installed all the means and measures at its disposal to prevent loss, misuse, alteration, unauthorized access and extraction thereof.
In the event that any clause of these Conditions of Use is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions of Use.
THE COMPANY may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly recognized by THE COMPANY or prescription of the action that in each case corresponds.
MODIFICATION OF THE CONDITIONS OF USE
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, THE COMPANY recommends that the Client read them carefully each time he accesses the Website.
Clients and Users will always have these Conditions of Use in a visible place, freely accessible for any queries they want to make. In any case, the acceptance of the Conditions of Use will be a previous and indispensable step to the acquisition of any product available through the Website.
APPLICABLE LAW AND ARBITRATION
These Conditions of Use are governed by the applicable Spanish legislation on the matter. To resolve any controversy or conflict arising from these Conditions of Use, the parties submit to the jurisdiction of the courts of the city of Seville, unless the law imposes another jurisdiction.