GENERAL TERMS AND CONDITIONS OF SALE
Introduction
This contractual document shall govern the General Terms and Conditions for the purchase of products (hereinafter, the “Terms”) through the website https://www.tourtech.shop, owned by TOUR-TECH DISTRIBUTION SL. under the trade name TOUR-TECH DISTRIBUTION SL., hereinafter, the PROVIDER, whose contact details are also included in the Legal Notice on this website.
These Terms will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by TOUR-TECH DISTRIBUTION SL. It is the USER's responsibility to read them periodically, since those in force at the time the order is placed shall apply. TOUR-TECH DISTRIBUTION SL. will archive the electronic document formalising the purchase and make it available to the USER upon request.
Contracts shall not be subject to any formal requirement except in the cases expressly established in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is set out herein.
- Is a person with sufficient legal capacity to contract.
- Accepts all the obligations set forth herein.
These Terms shall remain valid indefinitely and shall apply to all purchases made through the PROVIDER'S website.
The PROVIDER informs that the business is responsible for, and aware of, the legislation in force in the countries to which it ships products, and reserves the right to unilaterally modify the Terms, provided that such changes do not affect goods or promotions acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is TOUR-TECH DISTRIBUTION SL., with registered address at Guzmán el Bueno 116, Bajo B, 28003 MADRID (MADRID), Tax ID B86946449 and email [email protected].
On the other hand, the USER, registered on the website with a username and password, for whose use and safekeeping they bear full responsibility, and who is responsible for the truthfulness of the personal data provided to the PROVIDER.
Purpose of the contract
This contract aims to regulate the contractual purchase relationship arising between the PROVIDER and the USER at the moment when the latter accepts the corresponding checkbox during the online contracting process.
The contractual purchase relationship entails the delivery, in exchange for a specific price publicly displayed on the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify TOUR-TECH DISTRIBUTION SL. so that it may correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Contracting procedure. In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. For this purpose, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall choose a username and password, undertaking to use them diligently and not make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorised third party so that the PROVIDER may proceed with immediate blocking.
Once the user account has been created, the USER is informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:
- General contracting clauses.
- Shipping and order delivery.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Competence.
- General features of the offer.
- Price and period of validity of the offer.
- Transport costs.
- Payment methods, charges and discounts.
- Purchase process.
- Severability and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise agreed in writing, placing an order with the PROVIDER implies the USER'S acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until payment has been verified. Goods will normally be shipped by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely designated by the USER.
Shipment will take place once product availability has been confirmed and payment for the order has been verified.
The delivery period shall be between 2 and 6 working days, depending on the destination and the chosen payment method. The estimated shipping and delivery date will be provided prior to confirmation of the order.
Failure to perform the distance contract
If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of twice the amount owed, without prejudice to the right to compensation for damages exceeding that amount.
The PROVIDER shall assume no liability when delivery of the product or service cannot be made due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed completed when the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by a simple declaration, demand correction of such lack of conformity, a reduction in price or termination of the contract. In any of these cases, the USER may also demand compensation for damages, where applicable.
The USER shall have the right to withhold payment of any outstanding part of the price of the purchased product until the PROVIDER has fulfilled the obligations established in this contract.
It is the USER'S responsibility to verify the products upon receipt and to state any justified reservations and complaints on the delivery receipt document.
If the contract does not involve physical delivery of any product but rather activation of a download on a website, the PROVIDER shall previously inform the USER of the procedure to follow in order to carry out such download.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it concerns a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty to provide information and documentation on the right of withdrawal, the period for exercising it shall end twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007. The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, which are listed here.
Any return must be communicated to the PROVIDER, requesting a return number through the form enabled for this purpose and indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge the USER the amount of .....€, after prior notice through the same communication channel used.
Once the USER has received the return number, they shall send the product to the PROVIDER, indicating that number in the shipping letter, with transport costs at their expense, to TOUR-TECH DISTRIBUTION SL., Guzmán el Bueno 116, Bajo B, 28003 MADRID (MADRID).
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as quickly as possible and may be submitted to the following contact addresses:
Post: TOUR-TECH DISTRIBUTION SL., Guzmán el Bueno 116, Bajo B, 28003 MADRID (MADRID) Email: [email protected]
Online dispute resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, known as a dispute resolution body, acting as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be deferred until the force majeure event ceases.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these Terms is considered null or unenforceable, the validity, legality and enforceability of the remainder shall not be affected or modified in any way.
The USER declares that they have read, understood and accepted these Terms in their entirety.
7. GENERAL FEATURES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Terms.
No modification, alteration or agreement contrary to the Commercial Proposal of TOUR-TECH DISTRIBUTION SL. or to what is set forth herein shall have effect unless expressly agreed in writing and signed by the PROVIDER, in which case such specific agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other taxes that may be applicable. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling or any other additional or ancillary services related to the purchased product.
The prices applicable to each product are those published on the website and shall be expressed in EURO. The USER accepts that the economic valuation of some products may vary in real time.
Before making a purchase, the USER may check all quotation details online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.
Once the order has been placed, prices shall remain the same regardless of whether the products are available or not.
Any payment made to the PROVIDER entails issuance of an invoice in the name of the registered USER or the corporate name indicated at the time of placing the order. This invoice will be sent in paper format together with the purchased product. The invoice may be downloaded in PDF format by accessing the website management panel with the user account. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER, who will inform them that this decision may be revoked at any time.
For any information about the order, the USER may contact the PROVIDER through the customer service email address [email protected].
9. TRANSPORT COSTS
The prices published in the store do not include shipping or communication costs, installation or download, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time the basket or quotation is saved, since they are calculated based on the weight of the products and the delivery address.
The maximum transport fee (VAT included) applied is as follows: Mainland Spain up to 2 Kg: .......... € Mainland Spain > 2 Kg up to 10 Kg: .......... € Mainland Spain > 10 Kg: .......... € Outside mainland Spain up to 2 Kg: .......... € Outside mainland Spain > 2 Kg up to 10 Kg: .......... € Outside mainland Spain > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and makes the following payment methods available for placing an order:
Credit card PayPal
The USER may use a discount coupon immediately before completing the purchase if one has been provided by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data.
To achieve these purposes, the user/customer accepts that the provider may obtain data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under card brand programme rules, the sale or offer of any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product in our catalogue may be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered. Baskets have no administrative link; they are simply a section where a quotation may be simulated without any commitment by either party.
From the basket, an order may be placed by following these steps for proper completion:
- Checking billing details.
- Checking the shipping address.
- Selecting the payment method.
- Place the order (buy).
- Once the order has been processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER'S email confirming the placement of the order.
- Orders (purchase requests)
- Before confirmation of the order, information will be provided about the order status and the estimated shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, null or for any reason unenforceable, such condition shall be considered severable and shall not affect the validity and enforceability of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER'S access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or with any applicable legal provision, licence, regulation, directive, code of practice or policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties shall be governed by the provisions set forth in the Title referring to “Warranties and after-sales services” of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, which can be accessed by clicking here.
If this section is to be customised, it must be checked that the wording complies with the provisions contained in the title on WARRANTIES AND AFTER-SALES SERVICES of Royal Legislative Decree 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by or construed in accordance with Spanish law insofar as not expressly established. Any dispute arising from the provision of the products or services subject to these Terms shall be submitted to the courts and tribunals of the USER'S domicile, the place of performance of the obligation or the place where the property is located if it is immovable.