Conditions of Purchase and Return
TERMS AND CONDITIONS OF PURCHSAE AND RETURN OF PACIFIC HOGAR S.L.
The purpose of this document is to establish the conditions of use of the website, as well as the conditions of purchase and return of products through the same by users.
Pursuant to the duty of information included in art. 10 of Law 34/2002 of 11th July on Information Society Services and E-commerce, we inform you that the ownership of the website corresponds to PACIFIC HOGAR, S.L. Tax ID B84908623, with address located at CARRETERA M 106 KM 1.9. POL. IND. GARZA 1, ALGETE (MADRID), 28110 and with email SC@PACIFIC-HOGAR.ES and telephone 916237780, hereinafter PACIFIC HOGAR, S.L.
USE OF THE WEBSITE
By making use of this website and placing orders through the same, the user commits to the following:
* To use the website solely with the purpose of consulting products and placing orders.
* Not to place any fraudulent or false order. If an order is reasonably deemed to be fraudulent, PACIFIC HOGAR, S.L. is authorised to cancel it and inform the pertinent authorities.
* To have legal capacity to execute contracts (the user states that they are over 18).
* To provide their contact information in a true and accurate manner, in order to carry out the shipping of the order.
PERSONAL DATA PROTECTION
CONDITIONS OF PURCHASE
Availability of the service. The users are able to place orders for the items that are offered through the website for subsequent shipping to an address within the following continental territories: Germany, Austria, Belgium, Denmark, Spain, France, Italy, Luxembourg, Netherlands and Portugal.
The contract will be formalised in Spanish.
Availability of the products
Orders are subject to product availability. Should difficulties arise in terms of the supply of the products or should the items not be in stock, PACIFIC HOGAR S.L. will inform the customer of such situation either by email or by telephone, and will reimburse any amount they may have paid for the unavailable product or products, or will change the product for another of the same value, as decided by the customer.
Prices of the products
The prices of the online shop’s items include shipping to the destinations mentioned in CONDITIONS OF PURCHASE and the current taxes will be added to the total amount. PACIFIC HOGAR, S.L. reserves the right to change the prices at any time, although the products will be billed on the basis of the price in force at the time the order is formalised (subject to product availability).
The purchase order will indicate both the total price of the product/products, including VAT and any respective shipping costs, as indicated in the following sections.
The applicable VAT rate will be the one legally in force at each time, depending on the specific item in question.
Shipping costs to addresses on Spanish Peninsula territory
For orders under €50, shipping costs total €10, which must be added to the total amount. Shipping costs will therefore be for the customer’s account.
Shipping costs will not apply for orders equal to or over €50.
Shipping costs to addresses outside Spanish Peninsula territory
For orders under €50 with destination to the countries mentioned in CONDITIONS OF PURCHASE, shipping costs total €15, which must be added to the total price. The shipping costs will therefore be for the customer’s account.
No shipping costs will apply for orders equal to or over €100.
How to place an order
The data recorded by the website constitute proof of the transactions made. The customer will receive confirmation of the order by email.
During the process, before making the payment, you can amend your order information. The order is not formalised until the process is concluded, which will occur when payment has been made. Clicking on “Pay” implies that you are buying and paying for the selected items, and this step entails a binding commitment.
There are no purchase limits. The user can place an order for as many items as they want, with no set minimum or maximum.
Right of order cancellation
PACIFIC HOGAR, S.L. reserves the right to deny an order of a customer with whom there is a lawsuit.
Likewise, PACIFIC HOGAR, S.L. has the right to deny or cancel an order for justified reasons, such as:
* Due to an error in the billing data (which are incorrect or impossible to verify)
* If there is a suspicion of fraud with the bank card
* If it is not possible to ship it to the indicated address
* If there are reasons why the user is suspected of not being an end consumer
* If the user is under 18
* If payment has not been made in full.
Form of payment
You can use a bank card, PayPal or bank transfer as means of payment. In the case of payment by card or PayPal, the total order amount which will include any respective shipping costs, as applicable, will be charged to the customer’s account at the same time as the purchase. Only payments in EUROS are permitted.
If paying by card and an incident occurs during the process (for instance, the terminal informs that the card has been declined) the order will be automatically cancelled. Payment by bank card is done via the payment gateway “Ibercaja.”
By clicking on “Pay,” the user is confirming the payment of the order and that the credit card is theirs. To minimise the risk of unauthorised access, your credit card information is codified. The credit cards will be subject to verifications and authorisations by their issuing bank, but should said bank not authorise the payment, the order will be automatically cancelled and the system will inform the customer of said cancellation.
If you select payment by PayPal, PayPal will be the payment platform and it will be done following the conditions of said payment platform.
PACIFIC HOGAR, S.L. also offers the chance to pay by bank transfer.
The order will be shipped to the address you indicate once the entry of the total order amount has been confirmed. Should the amount not be the total, PACIFIC HOGAR, S.L. reserves the right not to ship the order until paid in full by the customer.
The products will be shipped to the address indicated by the user.
The delivery term varies from 24 to 72 hours (business days) for addresses on the Spanish Peninsula.
The delivery term for addresses outside Spanish territory (to the destinations mentioned in CONDITIONS OF PURCHASE) varies from 7 to 10 business days.
The indicated terms will be respected provided that there are no unforeseen or extraordinary circumstances outside our control. Should we for any reason not be able to fulfill the delivery date, we will inform you of this situation and will give you the option to proceed with the purchase, setting a new delivery date or cancel the order with a full reimbursement of the price paid.
For the purposes of these conditions, it will be understood that the “delivery” has been carried out or that the order has been “delivered” when you or a third party you indicate acquires material possession of the products, which will be evidenced through the signing of the receipt of the order at the agreed delivery address.
Should it not be possible to deliver the order at the indicated address, PACIFIC HOGAR, S.L. will try to deliver it to a third party indicated by the customer or attempt to deliver it again at a later date. For this, we ask that if you are not going to be at the address you get in touch with PACIFIC HOGAR, S.L. to agree delivery on another day.
If within a term of 15 days, counted from when your order is available for delivery, the order has not been delivered for causes not attributable to PACIFIC HOGAR, S.L., we will understand that you wish to withdraw from the contract and will deem it terminated.
As a result of the termination of the contract, we will return all the payments received from the user, including delivery costs with no undue delay, and, in any case, within the maximum term of 14 days from the date on which we deem the contract terminated. Please bear in mind that the transport derived from the termination can have an additional cost, therefore PACIFIC HOGAR, S.L. will be authorised to recoup the respective costs.
Cancellation of an order
The user has the right to cancel an order without giving any explanation. This right is the right to withdrawal set forth in art. 102 of Legislative Royal Decree 1/2007 of 16th November, whereby the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws is approved.
To cancel an order you can notify us by email at SC@PACIFIC-HOGAR.ES. If you send us an email, please include the details of your order to help us identify you.
The withdrawal term will expire 14 calendar days from the date on which the customer or a third party indicated thereby, other than the freight forwarder, acquired material possession of the goods, or in the event that the products that make up the order are delivered separately, 14 calendar days from the day that the customer or a third party indicated thereby, other than the freight forwarder, acquired material possession of the last of the mentioned products.
Once the right to withdraw is exercised, the user should send to the indicated address the products delivered, thereby assuming the return costs. Please bear in mind that if you decide to return the items to us collect on delivery, we will be authorised to charge you for any expenses we may incur.
The right to withdraw from the contract will apply exclusively to any products returned in the same conditions in which the customer received them. No reimbursement will be made if the product has been used beyond merely opening said product, of any products not in the same conditions in which they were delivered or that have suffered any damage, therefore you should be careful with the product/s while they are in your possession. Please return the item using or including all its original packaging, with all the tags. Please do not remove the tags until you are sure you want to keep each item.
After examining the item, we will inform you if you have the right to the reimbursement of the amounts paid. If the return includes all the purchase, the proper procedure has been followed and the products are new and unused, we will proceed to reimburse the total amount of the purchase plus the shipping costs within a term of 14 days from when we receive the cancelled order.
If the return only includes part of the order, the proper procedure has been followed and the products are new and unused, we will only reimburse the value of the returned products, without shipping costs.
Return of faulty products
If you return the products because they are faulty or the descriptions do not match said products, we will proceed to reimburse the total price of the products, along with the shipping costs resulting from the return of the item.
The access to and use of this website is the responsibility of the users. The following is not subject to guarantee by PACIFIC HOGAR, S.L.:
– The infallibility, availability, continuity, non-existence of security deficiencies of the website
– The website content or the information that moves through said website is free from viruses or from other harmful elements, as well as from errors, omissions or incorrections.
– Any potential damage or harm that could derive from interferences, omissions, interruptions, IT viruses, damage or disconnections in the operation of the website
– Delays or blocks in the use of this website caused by data processing center deficiencies or overloads, nor any damage that could be caused by third parties through trespassing that is out of the control of PACIFIC HOGAR, S.L.
– PACIFIC HOGAR, S.L. will be released from liability in the face of any harm or damage that the user could suffer as a result of errors, defects or omissions in the provided information, provided that it comes from other outside sources.
The mere access to the website does not entail initiating any type of commercial relationship between PACIFIC HOGAR, S.L. and the user.
PACIFIC HOGAR, S.L. only supplies products for domestic and private use. The customer agrees not to use the product for commercial, advertising or resale purposes. PACIFIC HOGAR, S.L. has no liability for any loss of benefits, loss of business, interruption of business or loss of commercial opportunities of the customer.
Transfer of rights and obligations
The contract is binding for the customer and for PACIFIC HOGAR, S.L., as well as for our respective successors, heirs and assigns. The customer may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived therefrom without obtaining the prior written consent of PACIFIC HOGAR, S.L. We can transfer, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived therefrom at any time during its term. For the avoidance of doubt, said transfers, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognised by law, nor will they cancel, reduce or limit in any other way any guarantees, both express and tacit, we could have been able to grant.
WEBSITE INFORMATION AND CONTENT
The information shown on the website is the information in force on the date of the last update. PACIFIC HOGAR, S.L. reserves the right to update/amend/delete information from this website at any time and without prior notice.
In the event that the website contains links to other third party websites and materials, said links are provided solely for information purposes, without PACIFIC HOGAR, S.L. having any control over the content of said websites or materials. We therefore do not accept any liability for any damage or harm derived from their use.
PACIFIC HOGAR, S.L. reserves the authority to amend the Terms and Conditions of Purchase and Return. The amendments introduced will not be retroactive. If you do not agree with the amendments introduced, we recommend not using our website.
VIRUSES, PIRATE SOFTWARE AND OTHER IT ATTACKS
The user must not make improper use of this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging software or material into said website. The user will not try to have unauthorised access to this website, to the server on which said website is hosted or to any server, computer or database related to our website. The user commits not to attack this website. The breach of this clause could entail the commission of violations classified by the applicable regulations. We will inform the competent authorities of any breach of said regulations and will cooperate with them to discover the attacker’s identity. Likewise, in the event of the breach of this clause, they will immediately no longer be authorised to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging software or material that could affect their computer, IT equipment, data or materials as a result of the use of this website or of the downloading of content therefrom or to which the same is redirected.
INTELLECTUAL PROPERTY AND COPYRIGHT
The user recognises and agrees that all copyright, trademark and other industrial and intellectual property rights over the materials or content that are provided as part of the website correspond at all times to PACIFIC HOGAR, S.L. The user may make use of said material only in the manner expressly authorised.
APPLICABLE LEGISLATION AND JURISDICTION
The use of this website and the product purchase contracts through the same will be governed by Spanish legislation. Any dispute arising from or relating to the use of the website or to said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
You can make any complaint and claim to PACIFIC HOGAR, S.L. via the email SC@PACIFIC-HOGAR.ES or by post to the address CARRETERA M 106 KM 1.9. POL. IND. GARZA 1, ALGETE (MADRID), 28110.