PRIVACY AND PERSONAL DATA PROTECTION
Pursuant to the Personal Data Protection Act 15/1999, passed on 13th de December, in addition to Royal Decree 1720/2007, passed on 21st December, approving the regulations governing said Act, PACA CERVERA S.L., hereby informs Users that any details provided to them via their Website shall be included in an automated personal data file created and managed by Singularu. The purpose of this file is to manage your contractual relationship with our company, as well as to carry out own and third party promotional and advertising campaigns through any means, including sending marketing messages by text, email and ordinary post, etc., that may be of your interest following research and segmentation of the data collected while browsing our Website, in addition to any details provided when completing any online forms and those arising from an eventual commercial relationship or delivery of any purchased items. If you do not wish to receive advertising, simply login to your account and untick the box to stop receiving our newsletter and information. Pursuant to Act 15/1999, passed on 13th de December, customers and users of our Website www.pacacervera.es are entitled to exercise their rights to access, rectify, oppose and cancel the storage of their own personal details at any time by sending a written request to: PACA CERVERA S.L. , SORNI, 14 VALENCIA – 46004 or by email to firstname.lastname@example.org, stating your full name, username, email address used upon registration and enclosing a photocopy of your National ID. Should the above details be linked to a purchase, Spanish legislation requires that these are maintained for at least six years. Therefore, these details may not be deleted or modified by request from a customer. PACA CERVERA S.L. undertakes to maintain confidentiality and to use any details included in the above file for the purposes that it was created for, as well as to comply with our obligation to store them and to adopt all required measures to prevent their alteration, loss, unauthorised access or processing pursuant to the Automated Files Security Measure Regulations concerning Personal Data approved by Royal Decree 994/99 passed on 11th July.
These general terms and conditions and any conflicts arising in regards to them, including their validity, or concerning the Website or any purchase made therein, are governed by Spanish legislation.
We shall not guarantee that the Website or any of its contents shall always be available or free from interruptions. Website access is granted on a temporary manner. We may suspend, remove, discontinue or completely modify all or part of the Website without prior notice. We shall not accept any liability in case that the Website was not available for any reason, at any particular moment or during any period of time.
YOUR ACCOUNT AND PASSWORD
If you decide to register in our Website, you will be required to maintain your username and password confidential and avoid disclosing them to any third party.
We shall be entitled to disable any username ID code or password, whether automatically generated or chosen by the User, at any time due to reasonable concerns that they have breached any of the stipulations contained herein.
Please inform our Customer service team at www.pacacervera.es as soon as you are aware of or have suspicions that any third party knows your username or password.
LINKS TO OTHER WEBSITES
This Website includes links to external Internet web pages. We shall not accept any liability in regards to the use or contents of any Internet pages that may contain links to or from our Website.
MODIFICATIONS TO THESE GENERAL TERMS AND CONDITIONS
These terms and conditions shall be subject to occasional reviews. When ordering products, our mutual agreement shall be subject to the terms and conditions that are valid at the time of purchase.
We shall keep you informed regarding any reviews to our general terms and conditions and we shall notify you in the event of any modifications to these general terms and conditions and the relevant effective date at the top of this page.
OTHER IMPORTANT TERMS AND CONDITIONS
We shall be entitled to assign our rights and obligations arising from any agreement to any third party company without affecting your own rights or our own obligations pursuant to these current terms and conditions.
You may only assign your rights and obligations pursuant to these general terms and conditions by obtaining our prior authorisation in writing.
Every paragraph within these general terms and conditions is applicable independently from the rest. Should any of the paragraphs included herein be deemed invalid or unenforceable by any court, the remaining shall continue to be fully valid and applicable.
Any failure or delay in enforcing our rights or demanding compliance with any of the obligations arising from these general terms and conditions shall not be construed as a waiver to our rights or exonerate User from compliance with their obligations. Following a breach by User, we shall only waive any of our rights in writing, and that shall not be construed as an automatic waiver to any future rights arising from future breaches.
Our mutual agreement shall not be registered as a deed.
Purchase terms and conditions
SCOPE OF APPLICATION
These general terms and conditions shall apply to all orders placed for products in stock at www.pacacervera.com (hereinafter, the “Website”) made by customers based in Spain.
ORDERING/ PURCHASING VIA THE WEBSITE
REQUIREMENTS TO PLACE ONLINE ORDERS/ PURCHASE
You must be 16 years old or older and be an end consumer (i.e., not a distributor) in order to place an order at our Website.
HOW TO ORDER
To place an order, you will require an email address. You may also be required to setup your browser to accept Cookies and pop up messages in order to be able to benefit from all the functionality available at our Website, including the design of customised products, adding products to your shopping trolley or placing an order.
Ordering via our Website is very easy.
Find the products you are interested in (and customise them, where possible).
Add the products to your shopping trolley.
Check out online.
Select the delivery and billing options.
Check your order.
Place your order.
Receive an order confirmation online.
Your order will be binding from the moment that you click the “Purchase now” button at the end of the ordering process. By pressing “Purchase now” you will place your order with us resulting in the obligation of paying the amount shown on the screen at the end of the online purchase process. Once we have received your order, an automatic confirmation notification containing your order number and purchase information shall be displayed on the screen. At this point, you will have completed your purchase agreement.
A copy of the automatic order confirmation and any subsequent modifications to your orders that have been accepted by us shall be sent to your email address. Please remember to print or download this copy for future reference.
OUR RIGHT TO DECLINE OR CANCEL YOUR ORDER
Our compliance with any orders placed in our Website shall be subject to availability. We explicitly reserve the right to decline your order or to cancel the purchase agreement, and we shall not accept any liability for damages or costs (all payments shall be refunded) following any automatic order confirmation in any of the situations below, including but not limited to:
the product is unavailable /out of stock
your billing information is incorrect or cannot be verified
your order has been flagged by our security system as unusual or likely to be fraudulent
you are not 16 years old or over
you are a distributor
evident errors in the advertised price
delivery was not possible at the address provided
evident typing mismatches, pricing or other types of evident errors in our Website.
Likewise, PACA CERVERA S.L reserves the right to cancel any mass orders placed via automatic methods (bots or scripts) that may restrict access to other users to our offers and products.
CHECKING YOUR DETAILS
When placing your order, we may carry out a series of checks before it is processed. These checks may include verifying your address, credit score or possible fraud situations.
You may find all available payment methods in our Website’s Help section. We shall not accept any payment method other than those stated in the list in our Website’s Help section. Please do not attempt to send any payments via any other method other than those specified. In case of payments sent via any other method, we shall not be held responsible for any loss or any other damages that may arise for this reason.
If you chose to prepay via our Website, we shall not be able to handle any complaints concerning your order until we have received the payment due.
If you pay by debit or credit card, we shall deduct the amount due from your account as soon as the order has been completed (prepayment).
If you pay by wire transfer, your order will only be processed (or in case or customised products, these shall only be produced) once we have received your full payment. This may take several days. Should we fail to receive any payments within 12 calendar days from the date your order was placed, we shall proceed to cancel it.
Payments may only be processed if the billing details can be verified.
We shall retain all rights in respect of any products ordered until we have received full payment for them.
PRICES AND CURRENCIES
Prices for all products shown on the Website are inclusive of Value Added Tax (VAT) or equivalent applicable tax. Shipping costs shall be applied depending on each order. These will vary according to the destination country.
Prices are generally shown in Euros. If you live outside the Euro zone, these can also be displayed in your own country’s currency. However, please bear in mind that changing the destination country will affect the final price due to currency exchange rates or specific prices available to certain countries only.
Total prices are shown on the last screen at the end of the online purchase process including all taxes and shipping costs. These prices shall be recorded upon order confirmation, and we recommend that you print or download this page for future reference. If you pay by credit card, your statement will show the full price for the entire order in your local currency.
If your local currency is different from the currency that the prices are displayed in, your bank will apply the exchange rate corresponding to the date of purchase. Your bank may apply a different exchange rate. Unfortunately, we have no control over your bank’s exchange rate.
Please ensure that you only send the exact amount specified in the order confirmation. Please send separate transfers for each individual order using the unique registration number provided on your order confirmation.
Prices for each product shall be as shown in the Website. Although prices may be modified occasionally, these shall not affect any previous confirmed orders placed with an order confirmation.
SHIPMENT AND DELIVERY
DELIVERY – DESTINATIONS AND DEADLINES
We deliver our products between Monday and Friday. We do not dispatch any orders during Bank Holidays. Please visit our Website’s Help section to check the dates, times and delivery methods available. We are only able to deliver orders where the destination address is a home or business located in any of the countries shown in the list included in our Website’s Help section.
Where possible, we shall do our best to send all products ordered at the same time. However, in the case of multiple customised products, these may be delivered in separate shipments.
We reserve the right to split your order in the event that, for example, there are certain items that are delayed or out of stock. In that case, however, you will not be charged any additional shipping costs.
INSPECTION UPON DELIVERY
Please check the packaging for any damages upon delivery. Please do not accept the package if the products are damaged.
Any orders above the minimum amount of €500.00 will benefit from a choice of FREE OF COST “standard delivery” or discounted “express delivery” rates. Please visit our Website’s Help section to check our minimum orders and shipping costs in order to benefit from the corresponding discount.
RETURNS AND CANCELLATIONS
CANCELLING YOUR ORDER BEFORE DELIVERY
You may cancel any orders that have not been shipped at no cost and for any reason provided that your items are not customised. However, please note that we process all our online orders almost immediately. Should you wish to cancel your order, please check its status using the link “Order status” at the top right hand corner of our Website.
If your order status is either “processing” or “on hold”, you may cancel your order by contacting our call centre (please visit our Website’s Help section). Our customer service agents will request a cancellation of your order to our warehouse. If this is possible, you will receive an email to confirm that your cancellation will be free of cost. If a cancellation is no longer possible, you will have to wait until you receive your items in order to return them using the procedure described below.
Customised orders may not be cancelled before dispatching because these items are created as soon as your order is placed. However, you shall still be entitled to return your product in conformity with our return procedures and our terms and conditions below (see paragraphs 7.2 and 7.3)
RETURNING AN ORDER AFTER DELIVERY – FAULTY PRODUCTS
You will be entitled to return any products upon delivery provided that these are either faulty or that they do not match the products ordered. You may do so within 10 days from detecting any faults. This shall not affect your statutory rights. In case of justified complaints, we will proceed to refund the full purchase price and the shipment costs.
RIGHT OF WITHDRAWAL
If you are not satisfied with the products ordered for any reason, you may return any items within 30 calendar days from delivery for no particular reason, provided that:
–Products have not been washed or worn under any circumstances (clothes and footwear may be tried for size, except where otherwise stated– but these must not be worn)
– You return the complete set: such as, both items in a pair.
We shall proceed to refund all payments made, including any shipping costs, as soon as we are notified of your intention to return them. However, this shall not include any additional costs arising from special delivery methods other than the basic shipment methods offered, where possible pursuant to applicable regulations) and provided that this is requested within 14 days from the date we are notified of your decision. Any refunds due may be retained until the items are received at our warehouse or until we receive proof of postage, whichever is soonest.
EXCHANGING A PRODUCT
It is currently not possible to exchange any products. However, you shall be entitled to return any unwanted items. If you wish to exchange a product for a different size or colour, you will need to reorder the same product from our Website.
INFORMATION REGARDING REFUNDS
All refunds shall be made via the same payment method used. If you paid by wire transfer, you will be required to provide this information when activating your return in order that your monies can be transferred directly into your account. Your refund will be received once the product has been returned and processed.
In case of returns for other reasons other than faulty items or products that do not match those ordered, you will be required to pay the return shipping costs.
PRE ORDERED ITEMS TERMS AND CONDITIONS
Products may be pre ordered prior to their official launch date. Due to the specific nature of these pre orders, a different set of terms and conditions below shall apply:
Delivery. Pre ordered products shall be dispatched prior to their official launch date provided that we have received your payment at least 3 days in advance. Specific delivery dates may depend on when the item is in stock at our warehouse. Standard delivery dates shall apply from the moment when the pre ordered item is in stock at our warehouse. These deadlines are only an estimation, and they shall not be binding.
Payments. Your payment shall be processed as soon as the order is received. In case of wire transfer, it will be processed as soon as possible. We shall not begin to process any orders prior to receiving full payment. In case of payments by wire transfer, this shall imply further delays in the delivery deadlines established above.
Separate deliveries. Pre ordered items will be shipped separately. They will not be shipped together with other normal orders. Unfortunately, due to technical limitations, pre ordered items will appear in your confirmation email and your online status as “dispatched”. However, this will not be the case. Please ignore this information. You will receive a further confirmation email separately once your pre ordered items have been dispatched.
Product launch date. Official product launch dates for pre ordered items can be checked in the product’s description in our Website.
In the event of a breach by PACA CERVERA S.L. of these general terms and conditions, we shall assume all liability for damages or losses arising resulting from the predictable outcome of our negligence or non compliance with these general terms and conditions. Where applicable, pursuant to current legislation, damages or losses shall be deemed as predictable outcome if these result naturally from our breach of any existing provisions or as reasonably contemplated by the parties when the agreement was entered into.
Despite our best efforts when creating this Website, any information, text, documents, graphics, films, music and other services contained herein may contain errors, be incorrect or incomplete. We shall not be liable for any damages or losses arising from the use of (or impossibility to use) this Website, including damages caused by a virus, or other damaging material from an IT point of view, that may affect your computer’s equipment or software, data or any other material owned by you following use of our Website or after downloading any content included therein, or due to the existence of incorrect or incomplete elements in our Website. We are unable to ensure the security of any information and payments made via the Internet or electronic mail. We shall therefore not be held responsible for any damages or losses suffered as a result of the use of electronic communications.
In the event that you have been subject to damages or losses resulting from our business following the purchase of any products via our Website, our liability shall be limited to:
– Damages and losses affecting the products and other materials.
– Reasonable and proven costs that you may have incurred in order to find out the cause and to estimate your damages and losses.
– Reasonable and proven costs that you may have incurred in order to prevent or reduce your damages or losses.
Where applicable, the maximum amount to be refunded for the above mentioned damages and losses shall not exceed the price of the related product itself, pursuant to current legislation.
We shall not be held responsible for any damages or losses caused to any third parties as a result of using any our products. We shall not be held responsible for any damages or losses caused to our customers as a result of using any our products.
Where possible, pursuant to current legislation, we shall exclude all, whether explicit or implicit, terms and conditions, guarantees, statements or other terms that may apply to this Website or any other content included therein.
Our Website is provided for private and domestic use only . Users shall remain responsible to avoid using this Website for any other business or commercial purposes. We shall therefore deny any liability in case of loss of earnings, loss of business, business interruptions or loss of business opportunities.
INTELLECTUAL PROPERTY RIGHTS
PACA CERVERA S.L is the owner of all intellectual property rights from this Website and all material published herein. These rights are protected worldwide under copyright law. All rights reserved.
You may print a copy and download an extract from any page in our Website only if required in order to place an order or to use this Website as a means to complete your purchases.
You shall not modify any hard or digital copies of any material printed or downloaded in any manner, and you shall not be allowed to use any image, photo, video or audio clip or any graphic independently without quoting the corresponding text.
You shall also include references to PACA CERVERA S.L. as the owner of the Website contents.
You may not use any part of the contents within this Website for any commercial purposes without obtaining prior authorisation from PACA CERVERA S.L.
Any User who prints, copies or downloads any part of the Website with the purpose of breaching these terms and conditions shall no longer be allowed to use our Website and, following our request, they shall be required to return or destroy any existing copies of our material.
CONTENTS CREATED BY USERS
By posting any idea, comment, question, data, graphic, opinion, design, customisation or any other information (hereinafter, “User Generated Content”) to our Website (including our noticeboards, chat rooms or other Website forums) or sending any such content generated in our Website to www.pacacervera.es, all ownership and intellectual property rights affecting these User Generated Contents shall be automatically assigned to www.pacacervera.es. In the event that the above assignment may not be valid, by posting or sending any User Generated Content to PACA CERVERA S.L., Users shall hereby grant us with a non-exclusive,fully paid up, perpetual and royalty free world-wide licence to use, including, without limitation, the right to copy, modify, publicly display, distribute and grant sub licenses (in full or on part) in regards to the above User Generated Content for any purpose that may be deemed convenient, including, but not limited to, the development, manufacture and marketing of products and services and the creation, modification and improvement of the Website or any other products or services.
User Generated Contents shall not be confidential and we shall be entitled to use it or disclose it in any manner with no liability towards the User and without requiring prior notification. Users hereby acknowledge and agree to avoid filing any claims against PACA CERVERA S.L. or any third parties if the above User Generated Content created, published or sent by them to PACA CERVERA S.L. is used for the purposes described in the above paragraphs.
Users hereby guarantee that all User Generated Content or any other information sent or posted to the Website shall not contain any offensive, pornographic, defamatory, blasphemous or illegal material, and that it does not represent an actual or potential infringement to any third party rights or applicable legislation.
Likewise, they guarantee that all material posted or sent is original and created by themselves, and not copied, in full or in part, from any third parties. Please do not send or post any confidential information. Users shall avoid sending or posting any commercial contents to the Website, or using it to attract new members to join any other online commercial service or organisation. Users may be required to register and agree to an additional set of terms and conditions before they are allowed to publish or otherwise distribute any User Generated Content in the Website.
Users hereby acknowledge and agree that PACA CERVERA S.L. is under no obligation to check and shall not be held responsible in regards to any User Generated Content. Likewise, PACA CERVERA S.L. does not guarantee the accuracy, integrity or quality of the above User Generated Content created by Users, and therefore, we shall unable to guarantee the absence of any damaging, inaccurate, misleading, offensive, intimidating, defamatory, illegal or otherwise unacceptable User Generated Content from being displayed in our Website.
Users hereby accept that by providing them the opportunity to access and view the above User Generated Content in our Website, PACA CERVERA S.L are merely acting as a passive conduit for its distribution and therefore, we shall not accept any obligation or liability in regards to any User Generated Content or any User’s activities in the Website. Without limiting the generality of the foregoing, Users hereby acknowledge and agree that all information, materials and opinions expressed or included in any User Generated Content are their own and do not represent the views of PACA CERVERA S.L. , or those of its subsidiaries and related companies or content providers.
Notwithstanding the foregoing, Users hereby acknowledge and agree that PACA CERVERA S.L. shall be fully entitled to supervise all User Generated Content published in our Website at our sole discretion. Likewise, PACA CERVERA S.L. reserves the right to edit, refuse publishing or deleting any User Generated Content in full or in part, for any and/or for no particular reason, and to disclose the above User Generated Content and the circumstances surrounding their publication to any third parties.
Users hereby acknowledge that PACA CERVERA S.L. are under no obligation to use or to reply to any User Generated Content. Users hereby undertake to immediately notify PACA CERVERA S.L. in writing regarding any unacceptable content that they may find in our Website. PACA CERVERA S.L shall employ its best efforts, and act in good faith, by investigate all claims that a User Generated Content is in breach of these general terms and conditions, however (a) we shall not guarantee that such content shall be edited, deleted or authorised for display, whether or not they are subject to any of the above claims and, (b) we shall be exempt from any liability regarding the editing, deletion or authorisation to display any User Generated Content.
Any use of any contents included in our Website, including but not limited to, the User Generated Content shall be at the User’s own risk. Without limiting the generality of the foregoing, Users hereby acknowledge that PACA CERVERA S.L. shall not be held liable for any User Generated Content.