GENERAL CONDITIONS
Please read carefully the general conditions of purchase of our web. To use the web and perform a purchase, yo accept the present terms and conditions.
In compliance with the obligations provided for in the Law 34/2002, of Information Society Services and Electronic Commerce (LSSI-CE), we inform you that the present general conditions of contracting, along with the particular conditions that may be established, expressly regulate relations arising between FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U.,established in Gran Bretanya St., 41 (P.I. Les Comes) 08700 Igualada (Barcelona) with CIF TO58574518 and thirds (hereinafter "User", "Registered User" and/or "Customer") that use the Internet portaltiendafabregas.com, from now on WEB SITE.
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. reserves, at all times, the right to unilaterally modify without prior notice and at any time the presentation and configuration of the WEBSITE as well as the present general conditions. Therefore, tiendafabregas.com, recommends to read them carefully each time they access the WEBSITE.
Users will always have these general contractual conditions in a visible place, freely accessible to as many queries as you want to perform. In any case, the acceptance of the General Conditions will be a previous step and indispensable to the purchase of any product available through the WEB SITE.
TERMS OF THE PRESENT GENERAL CONDITIONS
USER: It is considered a USER the person who accesses the WEB SITE. Likewise, when it uses it, is committed to the strict observance of the conditions set out here, as well as any other legal provision that could be applied.
REGISTERED USERS: It is considered a REGISTERED USER when someone fills out the registration form, you expressly accept the general conditions listed below, as well as the Privacy Policy published at the time of registration.
CUSTOMER: It is considered a CUSTOMER the USER who fills in the order form and expressly accepts these general conditions, as well as the Privacy Policy and the acceptance of the communication shipping and electronic invoices generated after the completion of the purchase.
PRODUCT: It is considered a PRODUCT all references of our catalog that are included in the WEB SITE.
Browsing in our WEB SITE you agree to the use of cookies in compliance with the Royal Decree-Law 13/2012. Cookies collect information in your web browser to provide a better online experience.
A- INFORMATION ABOUT THE PRODUCTS
PRODUCTS
The products offered on the WEB SITE, together with their characteristics and prices will be showed on the screen.
The relative photographs to the products and the trade names, trademarks or distinctive signs of any kind contained on the WEB SITE of FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. are about the actual objects in sale.
PRICES
The prices indicated on screen are in euros and do not include VAT or any other tax that could be applied and that it is in force, except typing error. In the case that any CUSTOMER or USER detects a price with the price of 0,00€ (zero euros) must notify the Customer Service. It will never be sold a product with the price of 0,00€ (zero euros), as this will be due to a technical error and in any case to a promotion or marketing technique.
The shipping and/or management costs are not included in the price and will be displayed before the end of the purchase, depending on the shipping address for each order. Currently, shipping to Spain, with the exception of the Balearic Islands, Canary Islands, Ceuta and Melilla. See the extended information in the SHIPPING COSTS section.
FUNDICIÓN DÚCTIL FÁbregas, S.A.U. reserves at any time and unilaterally the right to change the price of the products offered on the WEB SITE. To ensure the USER the certainty and security of the price of their products, it shall be that in force on the advertising matching the time to formalize your order.
AVAILABILITY OF THE PRODUCTS
The selection of products offered in tiendafabregas.com is valid as long as the products are visible in the portal, with the limits of available stock. If the products are in stock, the approximate term is 48 hours, with the exception of certain products whose term may be higher. In this case, FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. will tell the CUSTOMER what will be the delivery term of their order. If the product is not in stock you will not be able to acquire it through tiendafabregas.com
These terms are counted on working days - Monday to Friday - since FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. does not do any expeditions on bank holidays, Saturday or Sunday. In the case that there is a stockout or punctual unavailability of an article FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. will contact the CUSTOMER to communicate immediately and give it a new term of delivery or, if it is not possible to serve that product, proceed to its annulment. In any case, a delay in the delivery related to the terms indicated will not give the CUSTOMER the right to demand compensation.
B- ACHIEVEMENT OF THE ORDER
To carry out any order is necessary to connect to tiendafabregas.com and register as a USER becoming a REGISTERED USER, once by filling in the electronic form available both in the order page as in the user registration form. We will send you an email with your access data for the realization of future purchases. You will also have access to the private area of where CUSTOMERS can see their orders, as well as review, edit and delete your contact information.
For security reasons and in order to avoid possible frauds, the login and the password of the CUSTOMER will be personal and non-transferable, committing the CUSTOMER to make a correct use of these data and assuming full responsibility for the consequences of its disclosure to third parties. We recommend you to change your password periodically. It is your responsibility to verify that the data you provide to us are correct and complete, coming also obliged to inform us immediately of any variation in the information you have provided us. You can access and update your information through the section My Account from the WEB SITE.
After the registration and proceeding to make the purchase of products you must add the product you want to buy to the order, according to the indications in the screen.
ORDER VALIDATION
The validation of the order by the CUSTOMER assumes expressly the knowledge and acceptance of these general conditions of contracting as part of the contract celebration. In the absence of proof to the contrary, the data registered in the WEB SITE are proof of all transactions made between FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. and the CUSTOMER.
The CUSTOMER is responsible for the billing and shipping data provided at the time of making the order being correct. FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is not responsible for the data provided by the CUSTOMER, or damages resulting from the case in which the information is incorrect.
Orders with all products in stock will immediately leave once the payment of the same has been confirmed.
PAYMENT METHODS
There are established the following systems of payment of the orders:
Credit or Debit Card: One of the distinctive features of FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U., is the transparency and security, of course also in the payments. FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. has partnered with BBVA to manage all payments by card through your secure payment gateway. This gateway account with all safety points to avoid fraud and identity theft.
EIn the case of a rejection of the bank, the order will be canceled automatically.
Bank transfer to the bank account which is indicated at the time of the order. FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is not responsible for those committees which can be applied by the banking entities.
C- WAYS AND TERMS OF SHIPPING
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. will only deliver the orders that are within the Spanish territory with the exception of the Balearic Islands, Canary Islands, Ceuta and Melilla.
The delivery of the products will be made in the shipping address that the CUSTOMER indicates when formalized the order and on the agreed dates. Delivery dates identified by FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. will always have an estimate character without prejudice to FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. uses its best efforts for the sending and receiving of the supplied Products, are carried out on the dates requested by the CUSTOMER.
The delivery term will be modified when, for reasons not directly attributable to FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. of delays in production, or provision of all or some of the products. So illustrative and not exhaustive and include the following causes of delay: strikes of suppliers, transport and services, faults in the supplies from third parties, faults in the transport systems, floods, unemployment of FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. staff, sabotage and any cause that can be considered as a matter of majeure force as provided in the article 1.105 of the Civil Code.
SHIPPING INCIDENCES
In the case that the CUSTOMER does not receive the order in a period greater than 7 working days of the next working day after the purchase, you must immediately contact with the Customer Service of FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. So that you can make the necessary arrangements. In the case that the reason is due to THE loss of the transport company, FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. will notify the incidence so that the transport company locate the package, in some occasions this research can take between 1 and 2 weeks.
D- EXCLUSION OF RESPONSIBILITY
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. reserves the right to modify unilaterally, without notifying, and at any time, the presentation and configuration of the WEB SITE and any of the extremes contained in these Terms and/or General Conditions of Contracting in the manner in which it deems appropriate, informing USERS about the changes made through tiendafabregas.com. Therefore, tiendafabregas.com, recommends USERS and CUSTOMERS, to read them carefully each time they access the WEB SITE. If you do not agree with some of the general conditions, privacy policies, rules of the use of cookies or some other condition published within our WEB SITE we recommend you not to use this WEB SITE.
The USERS always have these general contractual conditions in a visible place, freely accessible to as many queries as they want to. In any case, the acceptance of the General Conditions will be a previous step and indispensable to the purchase of any product available through the WEB SITE.
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. has the right but not the obligation to correct errors or omissions of any information from the WEB SITE. FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is exempt from any kind of responsibility arising from the information published on its WEB SITE manipulated or entered by a third party not belonging to the same.
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is considered a page addressed to adults. The access of a CUSTOMER or USER which is a minor will be the responsibility of their tutor or tutors as well as what is the installation of usage control of internet tools with the object of preventing access to material or content not suitable for minors, or the submission of personal information without prior authorization of such tutor. Therefore, parents, guardians or legal representatives will be responsible for all acts performed through tiendafabregas.com by the minors in their charge.
The USER is aware and voluntarily accepts by the usage of this WEB SITE, the general conditions that takes place, in any case, under its sole and exclusive responsibility.
E- APPLICABLE LAW AND COMPETENT JURISDICTION.
The present General Terms and Conditions of Contracting are governed by Spanish legislation, which will be applied in what it is not mentioned in this contract in matters of interpretation, validity and execution.
To solve any dispute that may arise in the interpretation or execution of the present conditions the parties may submit the complaint to the Courts and Tribunals of the jurisdiction that are appropriate within the Spanish territory of the peninsula.
If any of the clauses in these general terms and conditions be declared totally or partially invalid or ineffective, such invalidity or unenforceability will affect only that provision or to the part of the same which is non-existent or ineffective subsisting the general conditions in everything else taking such provision or the part of the same that would be affected by not set.
F- RESPONSIBILITIES
At the moment we put at disposal of the USER this WEB SITE we offer you a wide range of content and services of quality, using the maximum diligence in the provision of the same, as well as, in the technological means used. However, we will not respond to the presence of viruses and other elements that in any way may damage the computer system of the user.
The USER is prohibited from any kind of action on our portal that causes an excessive overload of operation to our computer systems, as well as the introduction of viruses, installation of robots or software that alters the normal functioning of our web, or ultimately can cause damage to our computer systems.
The USER assumes all responsibility arising out of the use of our WEB SITE, being solely responsible for all direct or indirect effect that derives from the web page, including, in an enunciative manner and not limiting, all economic result, technical and/or legal adverse, as well as the disappointment of the expectations generated by our portal, obliging the user to hold harmless FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. for any claims arising directly or indirectly from those facts.
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is exonerated from responsibility for any claim related to the intellectual property rights of articles and images published on the WEB SITE, as well as, it does not guarantee the accuracy, reliability and validity of the contents of this web site, either your own, of third parties, or bindable other WEB SITE, being totally exonerated from any responsibility arising from the use of the same.
FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U. is exonerated from any responsibility arising from any claim, including the payment of honoraria to lawyers, by the demands and claims arising from a third party by the failure to fulfill by the USER of our conditions of use, access and privacy policy, or any other claim for the breach of the legislation in force.
The USER acknowledges that he has understood all the information about the conditions of use of our WEB SITE, and recognizes that are sufficient for the exclusion of the error in the same ones, and therefore, it accepts them entirely and expressly.
The USER is fully aware that the mere navigation on this WEB SITE, as well as the use of its services, implies the acceptance of the present conditions of use.
Everything related to our WEB SITE, is governed exclusively by the spanish law. In the case of any discrepancy or difference between the parties in relation with the interpretation and contents of this web page, all the parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of the province of the city where the head office is situated, indicated above. For any question about the conditions of use of our WEB SITE you can contact us at the information given above.
G- INFORMATION SOCIETY AND ELECTRONIC COMMERCE LAW: :
In accordance with what is established in article 10 of Law 34/2002, of 11 July, of Information Society Services and Electronic Commerce, we inform you of:
Our name or social denomination: FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U.
Our registered office: Gran Bretanya, 41 (Pol. Ind. Les Comes), Igualada.
Our email address: grupfabregas@grupfabregas.com
The owner of the domain name tiendafabregas.com is FUNDICIÓN DÚCTIL FÁBREGAS, S.A.U..
Our tax identification number is: A-58574518.
The electronic contracting of our products and/or services shall be governed by the provisions established in Title IV of the Act 34/2002, of 11 July, of Information Society Services and Electronic Commerce, and other detailed rules of application.
The electronic contracting of our products and/or services shall be governed by the provisions established in Title IV of the Act 34/2002, of 11 July, of Information Society Services and Electronic Commerce, and other detailed rules of application.
Also, in accordance with the provisions of the Law 34/2002, of 11 July, of Information Society Services and Electronic Commerce, the USER authorizes with prior and express character, to accept the present conditions of use of the WEB SITE, when completing any form of data collection, to hire any service or purchase any product, as well as the sending of emails from which we can obtain your email address, the reception of communications, advertising or not, via email. As the addressee of these communications, you have the right to revoke this consent with the simple notification of such political will by mail or e-mail.