General Conditions Of Sale
These general conditions of sale (hereinafter, the "General Conditions") will apply to all purchases made by an internet user / natural person (hereinafter, the "CLIENT") on the website www.vintage-sights.com ( hereinafter, the "WEBSITE") to Vintage-Sights, Autonomo, registered in the Llucmajor business registry, with the Tax Agency Palma de Mallorca number, with registered office at Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain and With NIF number ESY3278326N, Spanish telephone number: +34 606 960551, fax, email: firstname.lastname@example.org, (hereinafter, the "SELLER").
Article 1. Definitions
- "CLIENT": refers to the SELLER's co-contractor, who 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 of 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.
Article 2. Purpose
The CLIENT is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must 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 continuing to use our WEBSITE.
Article 3. Acceptance of the general conditions
The CLIENT agrees to carefully read these General Conditions and accepts them, before proceeding to pay for the PRODUCTS made on the WEBSITE.
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 made. The CLIENT is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions when making a new order, the latest version of which is 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, exact and up-to-date. The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of PRODUCTS
The SELLER will 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 carefully read this information 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 expressly stated otherwise on the WEBSITE, all the PRODUCTS sold by the SELLER are new and in accordance with current European legislation and applicable regulations in Spain.
Article 5.2. Order procedure
Orders for PRODUCTS 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 CUSTOMER must select the PRODUCT (s) of their choice, clicking on the PRODUCT (s) chosen and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT's shopping basket. The latter can then add as many additional PRODUCTS as he 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 automatically completed online form will appear, summarizing the price, applicable fees and, where applicable, delivery costs.
The CLIENT is invited to verify the content of his order (including the quantity, characteristics and references of the PRODUCTS requested, the billing address, the means of payment and the price) before validating its content.
The CLIENT can then proceed to pay for the PRODUCTS following the instructions provided on the WEBSITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS. Regarding 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 treatment of the order.
The CLIENT must also select the chosen delivery method.
Once all the steps described above have been completed, one will appear on the WEBSITE in order to express acknowledgment of receipt 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 communicated in the form is correct.
The SELLER will not send any order confirmation by post or telematic mail.
Through the order, the CUSTOMER must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be completed in order for the CLIENT's order to be processed by the SELLER).
The CUSTOMER must also clearly indicate all the 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 receipt of the order that the CLIENT has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CLIENT by email constitutes any invoice. Regardless of the order or payment method used, the CLIENT will receive the original invoice at the time of the DELIVERY of the PRODUCTS, inside the package.
The order date is the date on which the SELLER acknowledges the online receipt of the order. The deadlines indicated on the WEBSITE do not begin to count until that date.
For all PRODUCTS, the CLIENT will find on 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 rate applicable on the date of the order. Any modification of the rate may be passed on the PRODUCTS counting from the date of entry into force of the same.
The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. 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 on the date the order is placed by the CLIENT.
The SELLER will apply a management of stocks "just in time". Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER's stocks.
The SELLER agrees 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. CUSTOMERS 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 CUSTOMER without delay, if the PRODUCT is unavailable.
The SELLER can, at the request of the CLIENT:
Send all the PRODUCTS together, from the moment the non-stocked 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 additional transportation costs that may arise.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will receive a refund of all the amounts disbursed for said PRODUCTS within thirty (30) days after payment.
Article 6. Right of withdrawal
Article 7. Payment
The CLIENT can pay for his PRODUCTS online on the WEBSITE 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 box on the WEBSITE.
It is specified that all the information related to the payment made is transmitted to the bank of the WEBSITE and is not processed on the WEBSITE.
7.2. Date of payment
In case of single payment by credit card, the CLIENT's account will be debited at the time of ordering the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delay at the time the first package is shipped. If the CLIENT decides to cancel his order for 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 CUSTOMER must contact the SELLER's 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 flow of money due by the CLIENT is impossible, the order will be canceled and the sale automatically rescinded.
Article 8. Evidence and file.
The SELLER agrees to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.
In the event of a 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 foregoing provisions are not an obstacle to 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 the subject of the reservation property, as well as the risks of damage that may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees.
Article 13. Responsibility.
The SELLER may not be responsible, or considered as a breach 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 to 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, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. The hyperlinks to these web pages are given for information only and do not imply any guarantee on their content.
Article 14. Personal data
14.1 Responsible for the treatment:
The SELLER, with address at […].
14.2 Obtaining your data:
The data that we have of you are those that you have provided us initially and those that are generated during the relationship and interactions.
14.3 Purposes of the treatment:
The data collected by the SELLER will be used in order to process their orders made through the WEBSITE, manage the CLIENT's account, analyze their orders and send them emails for promotional purposes, newsletters, promotional offers and / or information on products and services similar to those acquired, except if the CLIENT does not wish to receive such communications from the SELLER.
CUSTOMERS 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 Officer.
The treatment of the CLIENT's personal data related to the maintenance of their relationship with the SELLER as a client, is legitimized as it is necessary to comply with the contractual obligations derived from said relationship.
The treatment of the CLIENT's personal data for the sending of promotional information about the SELLER's products and services 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 SELLER's service providers involved in the order. For commercial purposes, the SELLER may transfer to his collaborators the names and coordinates of his CLIENTS, under the condition that they have given their prior agreement at the time of their registration on the WEBSITE-. The SELLER will specifically ask CLIENTS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial information from their collaborators.
14.6 International transfers:
The SELLER has contracted the services of technological providers located in countries that do not have equivalent regulations to the European ("Third Countries"). Said 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 privacy of the CLIENT. 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 legal prescription periods that are applicable. In this case, they will be treated for the sole purposes of proving compliance with the SELLER's legal or contractual obligations. At the end of said statute of limitations, the CLIENT's data will be deleted or, alternatively, anonymised.
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 their consent at any time for treatments based on consent, without affecting the legality of the treatment based on the consent prior to its withdrawal. You can exercise these rights by sending an email to the address: email@example.com, or by sending an email to Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain. It is specified that the CLIENT must be able to justify his identity, either by scanning an identity card, or by sending the SELLER a photocopy of it.
Likewise, if the CLIENT considers that the treatment of their personal data violates the regulations or their privacy rights, they can file a claim:
- Before the Spanish Agency for Data Protection, through its electronic headquarters, or your postal address.
Article 15. Cookies policy.
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
This WEBSITE uses its own cookies and third-party cookies.
You can allow, block or delete the cookies installed on your computer by configuring the options of the browser 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 15. Claims
Article 16. Intellectual property
These elements are the exclusive property of the SELLER. Any person who publishes a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.
This authorization of the SELLER will not be definitively agreed in any case. This hyperlink must be removed at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as focusing (framing) or inserting hypertexts (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Such modification or decision does not authorize CUSTOMERS in any case to ignore these General Conditions.
All the conditions not expressly dealt with in these will be regulated in accordance with the uses of the private sector of commerce.
Article 18. Modifications of the General Conditions
The General Conditions will be precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions will be those in force at the time of the order.
The modifications made in the General Conditions will not be applicable to PRODUCTS already purchased.
Article 19. Competition and applicable law
IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.
Likewise, prior to any arbitration or court appeal, the negotiation between the parties will prevail in a spirit of loyalty and good faith in order to reach a friendly agreement to resolve any conflict related to this contract, including its validity.
The party wishing to initiate 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 will be submitted 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 for 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, except where expressly contrary will.
The Customer has, as a matter of principle, the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and no later than fourteen (14) days after the communication of his notification of withdrawal, unless the SELLER proposes to recover the PRODUCT himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes possession of the PRODUCT.
In case the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal 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 client, takes possession of the last PRODUCT delivered.
If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal 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, take possession of the last PRODUCT delivered.
Notification of the right of withdrawal.
To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw by means of a statement made unequivocally (for example, by letter sent by mail, fax or email) to: Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain or firstname.lastname@example.org
For this purpose, you can also use the following form:
In order for the right of withdrawal to be respected, the CLIENT must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER agrees to reimburse him in full the sums paid, including delivery costs (with the exception of supplementary costs, originated in his case, by the CLIENT's choice of a different mode of transport to the standard proposed by the SELLER) without excessive delays and, in any case, at the latest in the following fourteen (14) calendar days after the day the SELLER was informed of the CLIENT's will to desist.
The SELLER will proceed with the reimbursement using the same means of payment as the one used for the initial transmission, unless the CLIENT expressly agrees to a different means, in any case, this reimbursement will not incur any cost to the CLIENT.
The SELLER may defer the refund until receipt of the good or until the CLIENT shows proof of having shipped the good, the date retained will be the first of these two.
The CLIENT must, without undue delay and, in any case, no later than fourteen (14) days after the communication of his decision to withdraw from this contract, forward the property to: Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain
This term is understood to be respected if the CLIENT sends the PRODUCT before the expiration of fourteen (14) days.
The SELLER will bear the direct costs of forwarding.
State of the returned property
The PRODUCT must be returned following the SELLER's instructions and including all the accessories delivered.
The CLIENT's responsibility does not proceed except for the depreciation of the property resulting from other manipulations than those derived from normal use of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but cannot be held liable if it comes from manipulations other than ordinary use of it.
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 for the return of the same. In this sense, the CLIENT may return the PRODUCT that does not suit him in its original packaging and in good condition, ready for re-marketing.
Exclusion of the right of withdrawal
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 personalized.
- Supply of goods that may deteriorate or expire quickly.
- Supply of audio or video recordings or sealed programs that have been unsealed after delivery.
- Newspapers or magazines (except subscription contract).
- Provision of accommodation services for purposes other than residential, transportation of goods, car rental, catering or services related to leisure activities if the offer provides for a specific execution date.
- 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 made after 30 days and whose value depends on the fluctuation of the market and beyond the influence of the SELLER.
- Supply of a content number not supplied in a dematerialized way if the execution has begun with the prior agreement of the consumer, who has also recognized that he will lose his right of withdrawal.
- 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 order procedure.
The deadline to prepare an order and establish the invoice, before the shipment of the PRODUCTS in stock is mentioned on 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 sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.
Delivery time and costs
In the course of the order process, the SELLER will indicate to the CLIENT the terms and possible 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 different from that of the PRODUCTS purchased.
The details of the terms and delivery costs will be detailed on the WEBSITE.
The package will be delivered to the CLIENT after signing and presenting their identity document.
In case of absence, the CUSTOMER will be given notice, so that they can collect the PRODUCT from the nearest post office.
The CLIENT will be informed of the delivery date set at the time of the carrier's choice, at the end of the online ordering 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 CLIENT 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 termination 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 verified by the delivery.