Terms and conditions
1. General Information
These general conditions of contracting and use of the website (hereinafter, the General Conditions), is to regulate the information provided in hac-barcelona.com (hereinafter website) and commercial transactions held between Marta Pugès Pi (hereinafter hac-barcelona) and its users and customers.
It also reported that these General Conditions may be modified. The user is responsible for consult them each time they access, browse and/or use the website since those that are in force at the time of the product adquisition will apply.
2. The user
The access, navigation and use of the website, gives the condition of user (hereinafter referred to, either individually as a user or together as users), so all the conditions and subseqüent amendments stablished here are accepted, since you start browsing the website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The website is aimed primarily to users resident in Spain. hac-barcelona does not guarantee that the website complies with laws of other countries, either totally or partially. hac-barcelona disclaims all liability that may arise from such access, nor ensures deliveries outside Spain.
3. Purchase or acquisition process
Users can purchase on the website by the means and forms established. They should follow the procedure for online purchasing of hac-barcelona.com, during which several products can be selected and added to the cart and, finally, click on “Place Order”.
Also, the user must fill in and/or check the information requested in each step, although during the purchase process, before payment, the purchase information can be modified.
Next, the user will receive an email confirming that hac-barcelona has received the order confirmation. And in that case, you will be informed equally by email when your purchase is being sent.
Once the purchase procedure is completed, the user agrees that the website can generate an electronic invoice wich will be sent to you via email.
The user acknowledges to know, at the time of placing the order, the particular conditions of sale indicated on the screen and expressly declares to accept them without any reservation. The execution of the order and its confirmation by the user materializes the full and complete acceptance of the particular conditions of sale, only applicable to the order.
Communications, orders and payments involved in transactions on the website could be archived and kept in the electronic records of hac-barcelona in order to provide an evidence of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations that are applicable in this regard, and with particular attention to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals ( RGPD), the Organic Law 3/2018, of 5 December on Personal Data Protection and guarantee of digital rights (LOPDGDD) as well as with the Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI or LSSICE).
All purchase orders received by hac-barcelona through the website are subject to the availability of products and/or that no circumstance or force majeure (clause nine of these General Conditions) affect the supply thereof. If difficulties occur in the supply of products or no products remain in stock, hac-barcelona agrees to contact the user and refund any amount that may have been paid as amount.
5. Prices and payment
The prices displayed on the website are final prices in Euros (€) and include taxes, except as required by law, especially with regard to VAT, is indicated and applied in different matter.
However, and unless otherwise indicated, prices of offered items exclude shipping costs, which might be incurred, and will be added to the total amount due when managing the shipping procedure by the user, and where it will consult the available methods and shipping costs and will freely choose the one that suits you best.
In any case the site will add additional costs to the price of a product automatically, but only those that the user has selected and chosen voluntarily and freely.
Prices may change at any time, but changes will not affect orders or purchases regarding the user has already received a confirmation order.
Accepted payment methods will be: Credit or debit card and PayPal.
hac-barcelona use every means to ensure the confidentiality and security of payment data transmitted by the user during transactions through the website. As such, the website uses a secure payment system SSL (Secure Socket Layer).
The user clicking on “Place Order” confirms that the payment method used is his.
6. Shipping and Delivery
In cases where appropriate to make a physical delivery of the contracted item, deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands).
Except in those cases where there are unforeseen or extraordinary circumstances or, where applicable, resulting from the customization of products, the purchase order consisting of those products listed in each purchase confirmation will be delivered within the time specified on the website according 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 that could be attributed, hac-barcelona could not meet the deadline, the user will be contacted to be informed of that fact and, it may choose to go ahead with the purchase establishing a new delivery date or cancel the order with full refund of the price paid.
hac-barcelona works with different prestigious transport agencies. In any case the shipment will take place during normal working hours and deliveries are made on weekdays.
No shipments are made to Post Offices, so we request you to provide the exact delivery address. If the address is not valid and the delivery can not be performed, hac-barcelona is not responsible for the delay or modification of the shipping time.
If it is impossible to perform the delivery of the order by the absence of the user, the order could be returned to store. However, the carrier will leave a notice explaining where the order is and how to proceed to deliver it again.
If the user is not going to be in the place of delivery at the agreed time frame, it should contact hac-barcelona to suit the delivery another day.
If within 30 days of your order is available for delivery, and has not been delivered for reasons not attributable to hac-barcelona, hac-barcelona will understand that the user wishes to cancel the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the user will be returned, except for the additional costs arising from the proper choice by the user of a different delivery method to the least expensive type of standard delivery offered by the website without undue delay and in any case within a maximum period of 14 calendar days from the date the contract is considered resolved.
However, the user should be aware that transportation derivative of the resolution may have an additional cost that may be affected.
For the purposes of these General Conditions, it shall be deemed to have occurred delivery or the order has been delivered at the time when the user or a third party indicated by the user acquires physical possession of the products, as demonstrated by signing the order reception at the agreed delivery address.
The risks that the products could derive will be borne by the user from the mement of delivery. The user acquires ownership of the products when hac-barcelona receive the 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 occurs in a moment after to the full receipt of the amount object of the payment by hac-barcelona.
In accordance with the provisions of Law 37/1992 of 28 December, on the value added tax (VAT), purchase orders for delivery shall be construed located in the territory of application of Spanish VAT if delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid at all times depending on the particular item in question.
7. Error correction
If you detect that an error has been produced when entering the required data to process your application for purchase on the website, you can modify them by contacting hac-barcelona through the enabled mean to contact on the website, and, where appropriate, through those authorized to contact the customer service, and/or using the contact details provided in the first clause (General Information).
In any case, the user, before clicking on “Place Order” has access to the cart where their purchase requests are being recorded and can make changes.
8. Withdrawals and returns
Although we are convinced that the product that you are going to acquire or have acquired on this website will be of your liking, we inform you that, as a user, you will be assisted by a series of rights, as they are listed and described below:
Right of Withdrawal
You, as a consumer and user, make a purchase on the website and therefore you have the right to withdraw from this purchase within 14 calendar days without any justification.
This withdrawal period shall expire 14 calendar days from the day the user or a third party authorized by him other than the carrier, acquired the material possession of the goods purchased on the website of hac-barcelona or in case the goods included in your order are delivered separately, 14 calendar days from the day the user or a third party authorized by him other than the carrier, acquired the material possession of the last of the goods included in the purchase order.
To exercise this right of withdrawal, the user must notify its decision to hac-barcelona. It may do so through the contact spaces enabled on the website or via e-mail addressed to email@example.com, clearly stating the reason.
The user, regardless of the medium you choose to communicate its decision, must express clearly and unequivocally that it intends to withdraw from the purchase.
To comply with the withdrawal period, it is sufficient that the communication relating to the exercise by you of this right be sent before the corresponding term expires.
Once received the withdrawal notification, hac-barcelona will notify the user the authorization to return the product and the instructions to proceed to the shipping when proceeds.
You can return or ship products to the following address:
Creu Cobera 112
08014 – Barcelona
And shall do so without undue delay and in any case no later than within 14 calendar days from the date hac-barcelona was informed of the decision of withdrawal.
The user acknowledges that shall bear the direct cost of returning (transport, delivery) of goods, if it falls under any. Please note that if you decide to return the goods freight collect we will not accept the package.
In any case, there will be no refund if the product has been used beyond the mere opening thereof, products that are not in the same condition in which they were delivered or have been damaged after delivery.
It must also return the products using or including all original packaging, instructions and other documents where appropriate accompany them, along with a copy of the purchase invoice.
hac-barcelona is not responsible for wanderings and will be your responsibility to ensure that products arrive at our warehouse in perfect condition.
Once the product is verified, hac-barcelona will reimburse the user all payments received, excluding shipping costs, without undue delay. hac-barcelona will reimburse the user using the same payment method he used to make the initial purchase transaction. This refund will not generate any additional cost to the user.
Return of defective products or shipping error
These are all cases where the user finds that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and therefore, the user must contact hac-barcelona immediately and let us know the existing nonconformity (defect / error) by the same means or using the contact details provided in paragraph (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 reported to the user, within a reasonable time, if applicable reimbursement or, in the case, replacement of the same.
The amount paid for products that are returned because of a defect, where one exists, will be refunded in full, including delivery charges and the costs they have incurred the user to make the return. Reimbursement will be made by the same payment method the user used to pay for the purchase.
In any case, it will always be the recognized rights in current legislation at all times for the user, while consumer and user.
The user, while consumer and user, is subject to guarantees on products that can be purchased through this website, in the terms legally established for each type of product, responding hac-barcelona, therefore, for the lack of conformity on the same that manifests itself within a period of two years from the delivery. The warranty excludes normal wear of products due to use.
In this sense, it is understood that the products are in accordance with the contract provided whenever they comply with the description given by hac-barcelona and possess the qualities presented therein, are fit for the purposes for which products of the same type are used and present the usual quality and performance of a product of the same type and are basically expected of it. When this is not the case in respect of products delivered to the user, it shall proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the website, could present no homogeneous characteristics as long as they derive of the type of material they are manufactured, and will not be any deffect.
Moreover, it could get to be the case that the user purchases on the website of a brand product or manufactured by a third party. In this case, considering the user is a defective product, it also has the possiblity to contact the brand or manufacturer responsible for the product to find out how to exercise their right to legal guarantee directly in front of them during the two years after delivery of such products. To do this, the user must have retained all the information regarding the product warranty.
Unless otherwise provided in the opposite direction, hac-barcelona will not accept any liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on his part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or incurred unnecessary expenses); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of goods between the two sides was formalized.
Similarly, hac-barcelona also limits its responsibility for the following cases:
- hac-barcelona applies all actions concerning providing an accurate visualization of the product on the website, however it is not liable for minor deviations or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind.
- hac-barcelona will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not liable for damages arising from malfunction of transport, especially for reasons such as strikes, delays on roads, and generally any other related with the industry, arising from delays, loss or theft of the product.
- technical failures that accidental or other causes, prevent normal operation of the service over the Internet. Unavailability of the website for maintenance or other, to prevent service available. hac-barcelona puts all the means at its disposal in order to carry out the buying process, payment and shipping/delivery of products, however disclaims responsibility for reasons not attributable, fortuitous event or force majeure.
- hac-barcelona will not be responsible for any misuse and/or wear of the products that have been used by the user. At the same time, hac-barcelona will not be liable for any erroneous return made by the user. It is your responsibility to return the correct product.
- Overall, hac-barcelona shall not be liable for any failure or delay in fulfilling any of the obligations assumed, when the same is due to events beyond its reasonable control, that is, due to force majeure and this may include, without limitation but not exhaustive:
- Strikes, lockouts or other industrial actions.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period that the force majeure continues, and hac-barcelona will have an extension of time to meet them for a period of time equal to the duration of the force majeure. hac-barcelona will put all reasonable means to find a solution that allows to meet its obligations despite the force majeure.
10. Written communications and notifications
By using this website, you agree that most of the communications with hac-barcelona are electronic (e-mail or posted on the website ads).
For contractual purposes, the user consents to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that hac-barcelona send electronically comply with legal requirements to be written. This condition does not affect the rights recognized by law the user.
The user can send notifications and/or contact hac-barcelona through the contact details provided in these General Conditions and, where appropriate, through the contact areas of the website.
Similarly, unless otherwise stated, hac-barcelona may contact and/or notify the user through the email or postal address provided.
Any waiver of hac-barcelona to a right or remedy particular legal or lack of requirement for hac-barcelona of thr strict compliance by the user of any of its obligations assumed, or a waiver of other rights or remedies under a contract or the General conditions, nor exonerate the user from fulfilling their obligations.
Any waiver of hac-barcelona to any of these General Conditions or to the rights or actions arising under a contract shall take effect unless expressly stated to be a waiver and is formalized and is communicated to the user in a writing form.
12. Entire Agreement
These General Conditions and any document to which reference is made expressly in these constitute the entire agreement between the user and hac-barcelona in relation to the object of sale and supersede any prior agreement, arrangement or earlier promise agreed verbally or in writing form for the same parts.
User and hac-barcelona acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is explicitly mentioned in the General Conditions.
13. Data protection
14. Complaints and claims
The user can reach hac-barcelona their grievances, complaints or any other comments you wish to make through the contact mechanisms available on the website.
Document revised the 04-06-2019.