GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter, the “General Conditions”) shall apply to any purchase made by an Internet user / individual (hereinafter, the “CLIENT”) on the website https://desl.eu ( hereinafter, the “WEBSITE”) to DAYLER EXPORT, SL, registered in the commercial register BARCELONA, with the number REGISTRO MERCANTIL BARCELONA, Volume: 44312, Book:, Folio: 0078, Section: GENERAL, Hojadup: 452466 /, Province : B, Registration: 1, with registered fiscal address at Carrer dels Caponata 8, 08034, Barcelona and with NIF number B66290644, Spanish telephone number: +34 689047207, fax, email: email@example.com, (hereinafter, the “SELLER”).
Any order placed on the WEBSITE necessarily implies acceptance without reservation by the CLIENT of these general conditions.
Article 1. Definitions
- «CLIENT»: refers to the co-contractor of the SELLER, which guarantees to have the quality of consumer as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
- «DELIVERY»: refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
- «PRODUCTS»: refers to the set of products available on the WEBSITE.
- «TERRITORY»: refers to SPAIN except Baleares, Canarias, Ceuta and Melilla.
Article 2. Purpose
The CLIENT is clearly informed and acknowledges that the WEBSITE is addressed to consumers and that professionals should contact the SELLER's commercial service in order to benefit from specific contractual conditions.
If the CLIENT does not accept these terms and conditions, please refrain from using our WEBSITE.
Article 3. Acceptance of the general conditions
These General Conditions are inserted at the bottom of each page of the WEBSITE through a link and must be consulted before the order can be placed. The CLIENT is invited to read carefully, download and print the General Conditions and keep a copy.
The SELLER advises the CLIENT to read the General Conditions at the time of placing a new order, being the latest version of the same applicable to each of them.
By clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products on the WEBSITE.
The information that the CLIENT provides to the SELLER at the time of placing the order must be complete, accurate and updated. The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
The SELLER shall endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CLIENT must receive under the applicable law.
The CLIENT agrees to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.
Unless otherwise expressly stated on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and the standards applicable in Spain.
PRODUCT orders are made directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (however, depending on the browser used by the Client, these may vary slightly).
The CLIENT must select the PRODUCT (s) of his choice, clicking on the PRODUCT (s) chosen (s) and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT's shopping cart. The CLIENT can then add as many additional PRODUCTS as CLIENT wishes.
Once the PRODUCTS have been selected and stored in their basket, the CLIENT must click on the basket and verify that the content of their order is correct. If the CLIENT has not yet done so, he will be invited to identify himself or register.
Once the CLIENT has validated the contents of the basket and has been identified / registered, an online form will automatically appear and recapitulate the price, applicable rates and, where appropriate, delivery costs.
The CLIENT is invited to verify the content of his order (including the quantity, characteristics and references of the requested PRODUCTS, the billing address, the payment method and the price) before validating its content.
The CLIENT can then proceed to the payment of the PRODUCTS following the instructions provided in the WEBSITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different options available, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the chosen delivery mode.
Once all the steps described above have been completed, one will appear on the WEBSITE in order to express acknowledgment of the CLIENT's order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CLIENT by email, provided that the email address provided on the form is correct.
The SELLER will not send any order confirmation by postal or telematic mail.
Through the order, the CLIENT must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled in in order for the CLIENT's order to be processed by the SELLER).
The CLIENT must also clearly indicate all information related to the ORDER, in particular the exact address of the DELIVERY, as well as any eventual access code to the DELIVERY address.
Neither the order receipt that the CLIENT has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CLIENT by email constitute any invoice. Whatever the order or payment method used, the CLIENT will receive the original invoice at the time of DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges the online receipt of it. The deadlines indicated on the WEBSITE do not start counting until that date.
For all PRODUCTS, the CLIENT will find in the WEBSITE the prices indicated in euros, taxes included, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode of chosen transport).
The prices include in particular the value added tax (VAT) with the applicable rate on the date of the order. Any modification of the rate may be passed on the PRODUCTS to be counted from the date of entry into force thereof.
The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.
The prices of the vendors of the SELLER are likely to be modified. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.
The applicable prices will be those indicated on the WEBSITE at the date the order is placed by the CLIENT.
The SELLER undertakes to fulfill the orders received with the reservation that the PRODUCTS are available.
The unavailability of a PRODUCT will appear in principle indicated on the page of the PRODUCT in question. CLIENT may also be informed of the replacement of the PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay, if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request:
Send all the PRODUCTS together, from the moment when the non-stock PRODUCTS are available again.
Proceed to a partial shipment of the PRODUCTS available at that time, and send the rest of the order when the others are, with express mention regarding the costs of supplementary transport that could be derived.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will obtain the reimbursement of all the sums disbursed by said PRODUCTS in thirty (30) days after his payment.
Article 6. Right of revocation
Article 7. Payment
The CLIENT can pay for their PRODUCTS online on the WEBSITE by following the means proposed by the SELLER.
The CLIENT guarantees the SELLER that he has all the authorizations required for the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment chart on the WEBSITE.
It is required that all information related to the payment made are transmitted to the bank of the WEBSITE and are not treated in the WEBSITE.
In the case of a single payment by credit card, the CLIENT account will be debited at the time of ordering the PRODUCTS in the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delay at the moment the first package is sent. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank rejects the debit of a credit card or other payment method, the CLIENT must contact the SELLER Customer Service in order to pay the order by any other valid payment method.
In the event that, for whatever reason, opposition, rejection or other, the transmission of the money flow due by the CLIENT is impossible, the order will be canceled and the sale automatically rescinded.
Article 8. Proof and archiving.
The SELLER agrees to file the information in order to ensure a follow-up of the operations and to make a copy of the contract on demand of the CLIENT.
In case of dispute, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership.
The above provisions are not an obstacle for the transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are subject to the reservation of property, as well as the risks of damages that may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees.
Article 13. Responsibility.
The SELLER cannot be liable, or considered as a breacher of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous case as defined by the jurisprudence of the Spanish Courts.
It is also specified that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, he is excluded, to the extent permitted by law, from any liability linked to the information published therein. The hyperlinks to these websites are granted for information purposes only and do not imply any guarantee of their content.
Article 14. Personal data
The SELLER, domiciled in […].
The data that we have available to you are those that you initially provided and those generated during the relationship and interactions.
The data collected by the SELLER will be used in order to process your orders made through the WEBSITE, manage the CLIENT's account, analyze your orders and send you emails for promotional purposes, newsletters, promotional offers and / or information about products and services similar to those acquired, unless the CLIENT does not wish to receive such communications from the SELLER.
CLIENT may object to receiving promotional emails at any time by accessing their account or clicking on the hyperlink provided for this purpose under each offer received by email, or by sending an email to the Data Protection Delegate.
The processing of the CLIENT's personal data related to the maintenance of their relationship with the SELLER as a client, is legitimized as necessary to comply with the contractual obligations derived from said relationship.
The processing of the CLIENT's personal data for the sending of promotional information on products and services of the SELLER similar to those that were initially contracted with the CLIENT, responds to a legitimate interest of the SELLER and is authorized by current regulations.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the order. For commercial purposes, the SELLER may transfer to their employees the names and coordinates of their CLIENTS, on the condition that they have given their prior agreement at the time of their registration in the WEBSITE. The SELLER will specifically ask the CLIENTS if they want their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTSS if they wish to receive commercial information from their collaborators.
The SELLER has contracted the services of technology providers located in countries that do not have regulations equivalent to the European one (“Third Countries”). These suppliers have signed with the SELLER the confidentiality and data treatment contracts required by the regulations for suppliers located in Third Countries, applying the guarantees and safeguards necessary to preserve the CLIENT's privacy. In particular, the [reference to adequate or appropriate guarantees, i.e. Privacy Shield, etc.]
The personal data will be kept as long as the CLIENT maintains the relationship with the SELLER and, after the end of said relationship for any reason, during the statutory limitation periods that are applicable. In this case, they will be treated for the sole purpose of proving compliance with the legal or contractual obligations of the SELLER. Once these prescription periods have expired, the CLIENT's data will be deleted or, alternatively, anonymized.
In accordance with Regulation (EU) 2016/679 on Protection of Personal Data, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and the deletion, portability, and / or limitation of these personal information. Likewise, the CLIENT will also have the right to withdraw his consent at any time for the treatments that are based on the consent, without affecting the legality of the treatment based on the consent prior to his withdrawal. You can exercise these rights by sending an email to the address: firstname.lastname@example.org, or by sending an mail to Carrer del Caponata 8, 08034, Barcelona. It is specified that the CLIENT must be able to justify his identity, whether an identity card has been scanned, or by sending a photocopy of it to the SELLER.
Also, if the CLIENT considers that the processing of their personal data violates the regulations or their privacy rights, they can submit a claim:
- Before the Spanish Agency for Data Protection, through its electronic headquarters, or its postal address.
Article 15. Cookies Policy.
This WEBSITE uses its own cookies and third-party cookies.
|Provider's name||Purpose of the cookie||Description of the purpose of the cookie||If you want more information about the use of this third party's cookies|
You can allow, block or delete the cookies installed on your computer by configuring the browser options installed on your computer, in case you do not allow the installation of cookies in your browser you may not be able to access any of the sections of our web.
Article 16. Claims
Article 17. Intellectual property
These elements are the exclusive property of the SELLER. Any person who edits a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization in writing from the SELLER.
This authorization of the SELLER will not be in any case agreed definitively. This hyperlink must be deleted at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as the approach (framing) or the insertion of hypertexts (in-line linking) are strictly prohibited.
Article 18. Validity of the General Conditions
Such modification or decision does not authorize CLIENTS in any case to ignore these General Conditions.
All conditions not expressly addressed herein will be regulated in accordance with the uses of the private sector.
Article 19. Modifications of the General Conditions
The General Conditions will be dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions will be those that are in effect at the time of the order.
The modifications made in the General Conditions will not be applicable to the PRODUCTS already purchased.
Article 20. Competence and applicable law
IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.
Likewise, prior to any arbitration appeal or in court, negotiation between the parties will prevail in a spirit of loyalty and good faith in order to reach a friendly agreement to resolve any dispute regarding this contract, including its validity.
The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences shall be subject to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other due to the conflict under negotiation. As an exception, the parties will be authorized to go to the jurisdiction of the precautionary measures or the implementation of a procedure does not entail the waiver of any friendly agreement clause, unless expressly agreed otherwise.
The Client has, in principle, the right to resubmit or return the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay, and at the latest within fourteen (14) days after the communication of his notification of revocation, unless the SELLER proposes to recover the PRODUCT itself.
The revocation period expires fourteen (14) calendar days after the day on which CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several lots), the revocation period will expire in fourteen (14) calendar days after the day in which the CLIENT, or a third party other than the carrier and designated by the customer, takes possession of the last PRODUCT delivered.
If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the revocation period will expire on fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the Customer, take possession of the last PRODUCT delivered.
Notification of the right of revocation.
To exercise their right of withdrawal, the CLIENT must notify their decision to revocate by means of a declaration made unequivocally (for example, by letter sent by mail, fax or email) to: Carrer del Caponata 8, 08034, Barcelona or email@example.com
For this purpose, you can also use the following form:
In order for the right of revocation to be respected, the CLIENT must transmit his communication regarding the exercise of the right of revocation before the expiration of the term.
Effects of revocation
In case of revocation by the CUSTOMER, the SELLER undertakes to reimburse all of the sums paid, including delivery costs (with the exception of the supplementary expenses, where applicable, by choice of the CLIENT in a different mode of transport to the standard proposed by the SELLER) without excessive delays and, in any case, at the latest fourteen (14) calendar days after the day on which the SELLER was informed of the CLIENT's willingness to withdraw.
The SELLER will proceed to the reimbursement using the same payment method as the one used for the initial transmission, unless the CLIENT expressly agrees to a different means, in any case, this reimbursement will not entail any cost for the CLIENT.
The SELLER may defer the reimbursement until the receipt of the goods.
The CLIENT must, without excessive delay and, in any case, no later than within fourteen (14) days following the notification of his decision to withdraw from this contract, forward the good to: Carrer dels Caponata 8, 08034, Barcelona
This term is understood to be respected if the CLIENT sends the PRODUCT before the expiration of the fourteen (14) days.
The CLIENT will be responsible for direct forwarding costs.
Condition of the returned PRODUCT
The PRODUCT must be returned following the instructions of the SELLER and including all the accessories delivered.
The responsibility of the CUSTOMER does not proceed except for the depreciation of the good resulting from other manipulations than those derived from normal use of the PRODUCT. In other words, the CUSTOMER provides the possibility to test the PRODUCT but may not oppose its responsibility if it comes from manipulations other than ordinary ones in the use thereof.
The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENT must respect the same rules and return them. In this sense, the CLIENT must return the PRODUCT that does not suit him in its original packaging and in good condition, ready for re-sale.
Exclusion of the right of revocation
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market.
- Supply of goods made according to customer specifications or clearly customized.
- Supply of goods likely to deteriorate or expire quickly.
- Provision of audio recordings or videos or sealed programs that have been unsealed after delivery.
- Newspapers or magazines (except subscription contract).
- Provision of accommodation service for purposes other than residential, transportation of goods, car rental, catering or services linked to
- Supply of goods that by their nature require to be combined with other products.
- Supply of sealed goods that cannot be forwarded for protection reasons
- Supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the sales contract, whose delivery can only be
- Supply of a content number not supplied in a dematerialized way if the execution has begun with the prior agreement of the consumer, who
- Contracts formalized in public auctions.
PRODUCTS can only be delivered to the TERRITORY. Being impossible to place an order whose delivery address is located outside it.
The PRODUCTS will be sent to the delivery address (es) that the CLIENT will indicate in the ordering procedure.
The deadline for preparing an order and establishing the invoice, before sending the PRODUCTS in stock, is mentioned in the WEBSITE. These deadlines will be understood without counting weekends and holidays.
An email will be automatically sent to the CLIENT at the time of the shipment of the PRODUCTS, on condition that the email address given at the time of sending the form is correct.
Term and delivery costs
During the order process, the SELLER will indicate to the CUSTOMER the possible deadlines and shipping formulas for the purchased PRODUCTS.
Shipping costs will be calculated based on the mode of delivery.
The amount of these costs will be due by the CLIENT in payment other than that of the purchased PRODUCTS.
The details of the deadlines and delivery costs will be detailed on the WEBSITE.
The package will be delivered to the CLIENT after his signature and presentation of his identity document.
In case of absence, the CUSTOMER will be notified, so that this allows him to pick up the PRODUCT at the nearest post office.
The CLIENT will be informed of the delivery date set at the time of the choice of the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made no later than thirty (30) days. In the absence of delivery, the CUSTOMER must request the SELLER to deliver within a reasonable period of time and if he cannot terminate the contract.
The SELLER will reimburse, without excessive delay from the date of receipt of the rescission letter, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CLIENT for the Purchase of the PRODUCTS.
The SELLER will be responsible for the delivery of the PRODUCT to the CLIENT. It should be remembered that the CLIENT has a period of three (3) days to notify the carrier of the breakdowns or partial losses found by the delivery.