GENERAL CONDITIONS OF CONTRACT-CUSTOMERS PURCHASE OF PRODUCTS WITH USER REGISTRATION
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.rdamians.com. This Website belongs to the Organisation R. DAMIANS, S.A., a legally established company, with registered address at AVDA. 16 DE JULIO Nº 59 07009 PALMA DE MALLORCA, BALEARES, tax code A07439938, and entered on the Companies Registry of the ISLAS BALEARES in Volume 1340, Folio 38, Sheet 4704, Book , Section 8.
GENERAL CONDITIONS OF CONTRACT
The activity of the Company and/or Organisation R. DAMIANS, S.A. is the sale of . For any queries, please contact us by telephone on 971432292 or by emailing customer services at rdamians@rdamians.net
The purpose of these contract conditions is to regulate the terms for contracting the products offered by the Company through the Website and the corresponding remuneration and/or payment to be made by the Customer to the Company.
Before initiating the contract procedure and by means of techniques adapted to the means of communication used, the Company makes clear, understandable and unequivocal information available to the recipient permanently, easily and free of charge, on the following matters:
a) The various procedures that must be followed to accept these General Conditions of contract.
b) Electronic file of these General Conditions of contract, available at all times.
c) The Company makes the technical means available to the Customer to identify and correct any errors.
d) The language in which these General Conditions of contract are made official is Spanish.
e) Before initiating the contract procedure, the Company makes the General Conditions available for the Customer to save and reproduce.
f) Additionally, the online contracting of products offered by the Company through this Website will be subject to the provisions in the Website’s legal statement or notice.
g) These General Conditions have been produced in accordance with the provisions established in Act 34/2007 governing information society services and electronic commerce; Act 7/1998 governing General Conditions of Contract, Royal Decree 1906/1999 regulating contracting by telephone or electronic means with General Conditions in implementation of article 5.3 of Act 7/1998; Legislative Royal Decree 1/2007, of 16 November, enacting the consolidated text of the Consumer and User Protection Act, and other complementary legislation.
h) The acquisition and/or purchase of any of the products of the Company/Organisation through the Website requires the Customer’s acceptance without reservation of each and every one of the General Conditions of Contract and the Specific Conditions that apply to the products acquired and/or contracted.
i) The Company informs Customers that the procedures to contract the products offered are those described in these General Conditions, as well as the Specific Conditions indicated on the Website while browsing, such that the Customer states that he or she knows and accepts said procedures as necessary to acquire and/or contract the products offered on the website.
j) All information provided during the contract process will be stored by the Company. Any modification or correction of the data provided by Customers while browsing must be made according to the indications contained on the Website.
k) By providing his or her details, the Customer gives their explicit consent for their personal data to be processed for the purpose of acquiring and/or contracting the products sold by the Company.
The Customer contracts and/or acquires the Company’s products, and the Company accepts the order to sell the Customer the products selected on the Website, in accordance with these General Conditions of contract.
The Vendor reserves the right to modify said conditions unilaterally, without this affecting any products or promotions that were contracted prior to any such modification.
I. IDENTITY OF VENDOR
The Vendor of the services contracted by the Customer and/or User is R. DAMIANS, S.A.. The activity of the Organisation is the sale of .
R. DAMIANS, S.A. offers services by through the Website www.rdamians.com. Sale and/or contract operations shall be deemed to have been carried out at AVDA. 16 DE JULIO Nº 59 07009 PALMA DE MALLORCA, BALEARES.
The Website www.rdamians.com is registered under the name of R. DAMIANS, S.A.. The trade name is duly registered under the name of the Company and/or Organisation.
II. PURPOSE OF THE CONTRACT CONDITIONS
The purpose of these contract conditions is to establish the conditions for the sale of the products to be contracted on the website www.rdamians.com. The conditions regulate the contractual relationship of the sale and/or contract generated between the Vendor and the Buyer when the latter accepts the corresponding box during the online purchase and/or contract process. The characteristics of the products acquired and/or contracted are shown on the Website.
The contracting of any of the products by the Buyer through the Website www.rdamians.comentails acceptance of and being bound by these General Conditions of Sale in their entirety.
The Company, through the Website, sells . This sale shall be governed by the Conditions of Contract contained herein and by any Specific Conditions that apply to acquiring and/or contracting of each product.
The prices applicable to the products bought and/or contracted are those indicated on the Website on the date on which they are contracted and/or acquired. VAT is included in the price. Offers are duly marked and identified, indicating the previous price and the offer price.
All the technical means and requirements needed to access the Website and the products available on it shall be exclusively the responsibility of the User.
Having accessed the Website, in order to proceed to acquire and contract the various products, the User must follow all the indications and instructions shown on the site, and complying to that effect with the Conditions of Contract and other forms established for each product, which entails reading and accepting all the General Conditions of Contract and any of the Specific Conditions that may be applicable.
III. PURCHASE PROCEDURE.
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.rdamians.com, 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.rdamians.com, 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 R. DAMIANS, S.A..
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:
Visa
MasterCard
American Express
PayPal
Transfer
Payment on delivery
5. 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.
IV. PRODUCTS
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.rdamians.com, 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 rdamians@rdamians.net. 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 7 working days for deliveries within the Iberian Peninsula and 20 working days when shipping abroad 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.
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 DAYS. In accordance with article 71 of Royal Decree 1/2007, because this contract pertains to the acquisition of a product, the period of 14 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 971432292.
b) By email at the address AVDA. 16 DE JULIO Nº 59 07009 PALMA DE MALLORCA, BALEARES.
Using the withdrawal form that the Customer must download here, and which can be sent to the email address rdamians@rdamians.net.
In this case the Customer must state WITHDRAWAL FORM as the subject of the email.
Exercising the right of withdrawal is completely free of charge and the Company and/or Organisation shall proceed to return the total amount paid, including postal costs. The Customer has a period of calendar days from receiving the product in which to terminate the contract. The Customer must inform the Company/Organisation, within the stipulated period and by any means admissible by law, of his or her wish to exercise the right of withdrawal or to terminate the contract.
The product must be returned with the delivery note and, where applicable, the invoice issued by the Company/Organisation. The Customer may return any article bought from the Company/Organisation provided that the products are still in their original packing or packaging together with any manuals, accessories or promotional gifts included, otherwise the item will incur a drop in value. The Customer will only be responsible for any reduction in value of the items as a result of their having been handled in a way other than that necessary to establish their nature, characteristics or functioning. The product must be unused and in perfect condition. This includes accessories, documentation and the original packaging. Once the goods have been received in our warehouses, and following verification of their status, the amount will be repaid in the terms established in article 76 of Legislative Royal Decree 1/2007, using the same method as used by the Customer, with the exception of payment in cash, which will be paid back by means of bank transfer.
WITHDRAWAL FORM (You should only complete and send this form if you wish to withdraw from the contract).
FOR THE ATTENTION OF: R. DAMIANS, S.A., with personal/company tax code: A07439938, address at: AVDA. 16 DE JULIO Nº 59 07009 PALMA DE MALLORCA, BALEARES, Tel. no.: 971432292, Email: rdamians@rdamians.net
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)
If the shipping address is not that of the Buyer, the following information must be completed:
Name of recipient
Address of recipient
Signature of consumer(s) Date
X. RETURNS
The Company and/or Organisation guarantees for the Customer the possibility of cancelling his or her order at any time and at no cost. The Customer will have a period of calendar days from receiving the item or from formalising the purchase, if it were a service, in which to terminate the contract. The Customer must inform the Company/Organisation, within the stipulated period and by any means admissible by law, of his or her wish to exercise the right to terminate the contract.
The product must be returned with the delivery note and, where applicable, the invoice issued by the Company/Organisation. Return postage costs must be met by the Customer. The Customer may return any article bought from the Company/Organisation provided that the products are still in their original packing or packaging together with any manuals, accessories or promotional gifts included, otherwise the item will incur a drop in value. The Customer will only be responsible for any reduction in value of the items as a result of their having been handled in a way other than that necessary to establish their nature, characteristics or functioning.
If a product other than that requested by the Customer were delivered by error from the Company/Organisation, the correct product will be delivered and the first delivery collected at no additional cost to the Customer.
If a product has arrived broken, damaged or in poor condition, the Company/Organisation will collect it from your home, replacing it with a product in perfect condition, at no extra cost.
To return products, the Customer may use any of the following methods:
a) By telephone at the number 971432292.
b) By email at the address
AVDA. 16 DE JULIO Nº 59 07009 PALMA DE MALLORCA, BALEARES. Using the withdrawal form that the Customer must download here, and which can be sent to the email address rdamians@rdamians.net.
In this case, the Customer must state RETURN FORM as the subject of the email.
For any claim or query, you can contact the Company/Organisation at the telephone number 971432292 or email address rdamians@rdamians.net
The Customer may return the product to any of the physical shops run by the Company/Organisation in Spain.
XI. PROFESSIONALS
If the Contracting Party is a professional, under no circumstances will Royal Decree 1/2007, Act 7/1998 and the Consumer Protection Act 26/1984 be applicable. In this case, Act 7/1998 on General Conditions of Contract will apply.
XII. FORMALISATION OF THE CONTRACT.
Contracts shall be deemed to have been formalised and will produce all the effects provided for by the legal system, when there is mutual consent and the other requirements for it to be valid are met. They shall be governed by the provisions set out in the Information Society Act, articles 23 and 24, in the Civil Code, in the Commercial Code and in other Spanish civil or mercantile regulations.
Prior agreement by the parties on the use of electronic means will not be necessary. It shall be understood that the contract is in written form if the contract is contained on an electronic storage medium. The electronic storage medium on which a contract formalised by electronic means is stored shall be admissible in court as evidence.
The contract between the parties will be presumed to have been formalised in the locality of the Company’s registered address and/or establishment.
XIII. MODIFICATION
The Company reserves the right to modify or replace these Contract Conditions upon completion of the contract as a consequence of the existence of new economic and/or commercial circumstances that would make it advisable to do so, as well as modify, alter and distribute laws, regulations and rules applicable to the provision of the service and/or related aspects.
The Company undertakes to make every effort to maintain an acceptable level of compliance with its contractual obligations.
XIV. LIABILITY REGIME.
The Company will not be held liable for any problems resulting from lack of access or problems inherent to connecting to the internet or to power networks when these are due to causes outside of its control or causes that could not have been foreseen by the parties, or as a result of which, despite being foreseeable, the Company has made every reasonable effort to prevent them, or were considered acts of god or of force majeure.
Acts of God and Force Majeure
Under no circumstances will the Company be held liable for any delay in fulfilling its obligations, or for not fulfilling its obligations, if this is due to acts of god or for reasons of force majeure, in accordance with the provisions established in article 1.105 of the Civil Code. The other party shall be informed of this circumstance as soon as is possible.
Agreed delivery times shall be prolonged for at least the period of time that the cause of force majeure has lasted. If the cause of force majeure is prolonged for more than three (3) months, either party may rescind these Contract Conditions.
XV. PROTECTION OF INTELLECTUAL PROPERTY
The Website www.rdamians.com is the property of R. DAMIANS, S.A.. The trade name is duly registered under the name of R. DAMIANS, S.A.. Additionally, the Website www.rdamians.com, including but not limited to its coding, editing, compilation, designs, logos, text and/or graphics, is the property of R. DAMIANS, S.A., and is protected by national and international regulations on intellectual and industrial property. Therefore, the rights owner explicitly prohibits partial or total use or reproduction (by any physical or electronic means) by third parties, unless an agreement is reached or authorisation given in writing in this regard.
Access to the Website by Users does not grant them any property rights over said Website. R. DAMIANS, S.A. will take appropriate legal action against those who knowingly and without authorisation carry out any of the acts detailed herein.
XVI. APPLICABLE LAW AND JURISDICTION.
These General Conditions shall be governed and interpreted according to Spanish legislation for all matters not explicitly established. The parties submit to the jurisdiction of the courts of law of Palma de Mallorca for any matters that may arise or legal action taken as a result of the Website service provision, and of its services and content, and regarding the interpretation, application, observance or breach of the provisions established in these General Conditions.
XVII. PERSONAL DATA
In accordance with Art. 13 and 14 of the GDPR, you are provided with the following information:
MANAGER: R. DAMIANS, S.A.
Fiscal ID code: A07439938
Address: AVDA. 16 DE JULIO Nº 59 CP: 07009
Email address: rdamians@rdamians.net
Telephone: 971432292
Data Protection Officer: CONTACT: http:wwwprotecmir.com / Email: protecmirlegal@protecmir.com.
PURPOSE: At R. DAMIANS, S.A., 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: The legal basis for the processing of your data is the execution of the contract through the purchase of any product and/or service pursuant to the Commercial Code and Civil code. The law on Information Society Services, 34/2002, Articles 20 and 21, for the sending of commercial offers electronically is applicable. 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: Data shall not be transferred to third parties, unless legally required. No data is expected to be transferred to third countries. No decisions will be made on the adequacy, guarantees, binding corporate standards or specific situations that apply. 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, interested parties may write to the postal address of R. DAMIANS, S.A., enclosing a copy of a document accrediting their identity (national identity document). You have the right to file a complaint with the Regulatory Authority: The Spanish Agency for Data Protection (www.agpd.es).
Origin: the interested party