GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.brsevents.com, (hereinafter Website) is held by: Borja Rubio Somoza, with NIF: 44843620Z, and whose contact details are:
Address: Rúa Combarro 20
Contact telephone number: 615285769
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.brsevents.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Borja Rubio Events through the Website includes:
Organisation of events for individuals, companies and public administrations. Commercialisation of products to complete events and gifts.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of Borja Rubio Events. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may conclude, at his/her choice, with Borja Rubio Events the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and in the established ways. They must follow the online purchase and/or acquisition procedure of www.brsevents.com, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Pay now".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming that Borja Rubio Events has received his or her order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Borja Rubio Events using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Borja Rubio Events is not the manufacturer of the products sold or that may be marketed on the Website. Although Borja Rubio Events makes every effort to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information to that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
All purchase orders received by Borja Rubio Events through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or products not being in stock, Borja Rubio Events undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Borja Rubio Events provides delivery and/or shipping services through: Seur, UPS.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted means of payment will be: Credit or debit card, PayPal, and bank transfer.
Borja Rubio Events uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorisations by the issuing bank. If the issuing bank does not authorise payment, Borja Rubio Events will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Borja Rubio Events receives the purchase order from the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.
If the means of payment is PayPal, the charge will be made when Borja Rubio Events sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on "Pay now" the User confirms that the payment method used is theirs.
Purchase or acquisition orders in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Borja Rubio Events for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In case of error, Borja Rubio Events will not be able to validate the order, which will be cancelled.
In the cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to Borja Rubio Events, it is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Borja Rubio Events to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Borja Rubio Events, Borja Rubio Events shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be returned to him/her, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Borja Rubio Events receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Borja Rubio Events.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Borja Rubio Events through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "Pay now", has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.
In the cases in which the User acquires products on or through the Website of the owner, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel said purchase within 14 calendar days without the need for justification.
This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquires material possession of the goods purchased on the Borja Rubio Events Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
In order to exercise this right of withdrawal, the User must notify Borja Rubio Events of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Borja Rubio Events makes available as an annexed part of these Conditions; however, its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Borja Rubio Events shall reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Borja Rubio Events is informed of the User's decision to withdraw.
Borja Rubio Events will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Borja Rubio Events may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.
The User may return or send the products to Borja Rubio Events at: Rúa Combarro 20, Santiago de Compostela, A Coruña.
And must do so without any undue delay and, in any case, at the latest within 14 calendar days from the date on which Borja Rubio Events was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users shall not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely executed by Borja Rubio Events, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
You can download the Model Cancellation Form at the following link:
Return of defective products or delivery error.
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Borja Rubio Events immediately and inform him/her of the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, and Borja Rubio Events will be liable, therefore, for any lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Borja Rubio Events and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Borja Rubio Events accepts no liability for the following losses, irrespective of their origin:
any losses which are not attributable to any breach by you;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.
Borja Rubio Events also limits its liability in the following cases:
Borja Rubio Events applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Borja Rubio Events will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Borja Rubio Events shall not be liable for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, loss or theft of the product.
Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. Borja Rubio Events puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
Borja Rubio Events shall not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Borja Rubio Events will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Borja Rubio Events shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to, the following
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Borja Rubio Events will have an extension of time to fulfil them for a period of time equal to the duration of the cause of force majeure. Borja Rubio Events shall use all reasonable endeavours to find a solution to enable it to fulfil its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with Borja Rubio Events will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Borja Rubio Events sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.
The User may send notifications and/or communicate with Borja Rubio Events through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Borja Rubio Events may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Borja Rubio Events of any particular right or remedy or failure by Borja Rubio Events to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by Borja Rubio Events of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Borja Rubio Events in relation to the object of sale and purchase and supersede any other prior pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Borja Rubio Events acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Borja Rubio Events and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send Borja Rubio Events his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, Borja Rubio Events has official complaint forms available to consumers and users, which they can request from Borja Rubio Events at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Borja Rubio Events and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
This General Terms and Conditions of Purchase document was created using the online general terms and conditions of purchase template generator on 27/07/2021.