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TERMS AND CONDITIONS OF SALE ​

1. GENERAL CONDITIONS 

1. These general conditions (the ‘general conditions’), together, if applicable, with the particular conditions that may be established (the ‘particular conditions’), will regulate the access, use and commercial relations between the user (the ‘customer’) and the point of sale www.balanzo. es (‘official Balanzo online shop’) through which the client formalises the purchase of the products offered during their period of availability (the ‘products’) through the commercialisation platform accessible on the website www.Balanzó.es (the ‘online shop’) owned by BALANZO EXPORT, S.L., Spanish entity with CIF B-65614000 and with registered office in C/ Molí d'en Bisbe 8, 08110 Montcada i Reixac (Barcelona). The company is registered in the Mercantile Register of Barcelona, Volume 42698, Folio 110, page B414734, Entry 1. 

1.2. These general conditions will remain in force and will be valid with the content that is published in the online shop www.balanzo.es at any given moment. Balanzo reserves the right to modify at any time both the general conditions and the specific conditions (the ‘new conditions’), as well as all those notices, guidelines and/or other legal content regulations published in the Online Shop and that, depending on the case, will replace, complete and/or modify the General Conditions contained herein. The Client will be subject to the General Conditions and Particular Conditions and other regulations in force at the time of making the purchase. Their temporary validity coincides with the time of their publication and until such time as they are totally or partially modified. The new conditions shall be applicable from the time of their publication in the online shop. BALANZÓ EXPORT, S.L. recommends regular consultation of the general conditions, specific conditions and other regulations. This consultation can be done at www.balanzo.es

1.3. In the event of contradiction between the terms and conditions set out in these general conditions and the specific conditions, the latter shall always prevail with respect to those terms that are incompatible, and only with respect to those products subject to these specific conditions

1.4. Any query, suggestion, complaint or claim relating to the online sale of the products can be made through the customer service department:

BALANZO EXPORT, S.L.

Calle Molí d’en Bisbe, 8

081170 Montcada i Reixac (Barcelona)

93 4156834

ventas@balanzo

 

2. INTERVENERS

Will be considered ‘customer’ those consumers natural persons residing in the Spanish mainland and islands (except Ceuta and Melilla and the Canary Islands) or in European Community territory (except territories excluded from the sale), who are of legal age or legal persons who properly accredit their status and accept these general conditions and special conditions, if any, are applicable. The purchase of products from the Balanzó online shop by minors, or by users who do not meet the requirements set out in these general terms and conditions, is expressly prohibited.

 

3. ACCESS AND USE OF THE ONLINE SHOP

3.1. In order to purchase products through the online shop, Balanzó will ask users to register, for which the said customers must complete the electronic form that appears in the online shop at any given time, following the instructions indicated therein. In this registration process, only accurate and true data must be provided at all times.

3.2. Balanzó will send a confirmation of registration to the e-mail account designated by the customer. The user name and password are elements that enable the customer to access and make purchases and are confidential, personal and non-transferable. The user name may not be modified by the customer, but the password may be modified, in which case the modified passwords will lose their validity.

3.3. The customer shall be responsible for the proper custody and confidentiality of the password, and may not transfer its use to any third party, either temporarily or permanently, nor under any circumstances allow its use by any third party. The customer shall immediately notify Balanzó of any access to the online shop by any third party other than the customer using his password.

3.4. All purchases of products bought through the online shop, after identification and authentication through the user name and password provided, shall be considered validly made by the customer, and shall be binding. Consequently, the customer shall be solely responsible for any purchases of products through the online shop by any third party using his user name and password. The placing of orders from the online shop by a minor who falsifies the express registration information shall be understood to be carried out under the supervision and authorisation of their parents, guardians or legal representatives.

3.5. The use of the online shop and/or the contracting of any of the products requires the express acceptance, prior to purchase, of each and every one of the general conditions, as well as, where applicable, the specific conditions and other detailed regulations which, where applicable, may be applicable.

3.6. The legal relationship arising from the registration as a customer of the online shop is of indefinite duration. Either party may unilaterally terminate or suspend this contractual relationship at any time and without any cause other than its own will to do so, without prejudice to the obligations arising from the placing of orders prior to the termination of the relationship. The customer may unilaterally exercise the right of termination by means of the account cancellation process.

4. INFORMATION AND AVAILABILITY OF THE PRODUCTS OFFERED

4.1. The products offered in the online shop, together with their essential characteristics and price will appear on the screen. Apart from the price, and before confirming the order, the total shipping costs to the customer's home will appear on the screen. The offers will be duly indicated on the screen. The Balanzó online shop reserves the right to decide from time to time which products are contained in and offered to customers via the online shop. Thus, the Balanzó online shop may at any time add new products to those included in the online shop, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the general terms and conditions in force at that time. Furthermore, the Balanzó online shop reserves the right to withdraw or cease to offer, at any time and without prior notice, any products offered in the online shop.

4.2. All orders and purchases made through the online shop are subject to the effective availability of stock of the products, at the time that the expedition of the same is prepared for shipment. If any of the products in your order are not available, the Balanzó online shop will contact the customer to inform him/her, and the customer may choose between receiving the order with the available products or cancelling the entire order.

 

5. PRICES AND DELIVERY COSTS

5.1. Los precios de los productos se muestran siempre en euros, se visualizan sin IVA, incluyéndose en el momento de incluir los artículos en el carro de la compra, y cualquier otro impuesto que fuera de aplicación, y serán en todo momento los vigentes. Si BALANZO EXPORT, S.L. o la tienda online Balanzó identifican un error manifiesto en el precio de los productos, informarán al cliente y éste tendrá la opción de reconfirmar su pedido al precio correcto o, en su defecto, cancelarlo.

5.2. All shipments to Spain (Peninsula and Balearic Islands) are always free, there is no minimum amount, and delivery time is 1-7 days from the time of purchase.

Also if you want us to send you the order from a specific date, make your purchase and contact us so that we can manage your request without any problem so that you receive it when you are available.

And if you have an alternative that may be more convenient for you, let us know and we will adapt to it.

  • • For shipments to other countries and regions such as Ceuta, Melilla, Canary Islands, UK, USA, Andorra or Switzerland, please contact us so that we can quote individually the logistics management by weight, volume and number of packages required for the shipment of the desired purchase. In any case, Balanzó does not add any margin or profit to the shipping rate.
  • • For deliveries to areas with customs costs (such as Ceuta, Melilla and the Canary Islands) or outside the European Union, possible expenses for customs duties, local taxes or other charges have not been included in the price of the products, nor in the shipping costs. These costs, in case of occurrence, will be the responsibility of the customer.

In the event that a shipping or handling charge is applied, the cost of the contracted delivery service will be determined by the conditions and modality of the service selected. The Customer will be duly informed of these costs, which will be duly itemised prior to payment before confirming the order and finalising the contracting process.

5.3. The prices shown in the online shop apply exclusively to the products offered through this channel and for as long as they remain published.

 

6. PURCHASE PROCESS.

6.1. Once the customer has registered, and in order to proceed with the purchase of products, he/she must add the product he/she wishes to purchase to the shopping basket, according to the indications shown on the screen, filling in the order form provided for this purpose.

6.2. Once the purchase has been made, the customer will be sent, to the e-mail address indicated for this purpose by the customer, a confirmation of the purchase, which will serve as proof of the transaction ‘proof of purchase’. The order confirmation and the proof of purchase shall not be valid as an invoice, which shall be sent on paper with the order..

 

7. METHOD OF PAYMENT

7.1. To proceed to payment, the customer must follow each and every one of the instructions shown on the corresponding page of the online shop. Payment of the price of the products and shipping costs may be made by credit or debit cards or other forms of payment indicated at any given time on the corresponding page. These means of payment will be subject to checks and authorisations by the issuing entities, but if said entity does not authorise the payment, the purchase procedure initiated may not be continued, the order being automatically cancelled, and the sale of the product or products requested being understood not to have been carried out. The charge of the price of the products, the costs of the shipping service -if applicable-, as well as any applicable taxes, will be made at the time of formalising the order..

7.2. As an electronic payment system, BALANZÓ EXPORT, S.L. and the Balanzó online shop have installed an e-commerce payment gateway. All data provided to Balanzó and the Balanzó online shop for this purpose are encrypted to guarantee maximum security. They are hosted on a secure server certified according to the ‘Secure Socket Layer’? protocol. Under no circumstances will the data provided by customers through the payment gateway be stored, and will only be retained while the purchase is being made, the payment is made and until the withdrawal period has elapsed.

 

8. COLLECTION AND DELIVERY OF GOODS

8.1. Home delivery, delivery will be made, in general, between 24 and 48 hours, on working days, from the confirmation of the order, to the postal address included in the order details. Proof of purchase will be sent together with the product or products. BALANZÓ EXPORT, S.L. will inform the customer of the logistics system used in each case for the delivery of the order, and BALANZÓ EXPORT, S.L. is not responsible for the traceability control that the logistician may offer to its recipients to control the delivery process. The customer may request to be informed of the tracking of the same, providing the relevant locator so that they can access the details of the logistics company that is responsible for the delivery.

 

9. WITHDRAWAL OF ORDERS

All returns and exchanges are free of charge within 15 days of receipt of order.

We will send a courier to pick up the items you wish to return to us and we will refund the money once we receive it, or we will exchange it for another product of your choice. If you wish to arrange any exchange or refund you can do so through any of our contact methods.

In relation to the right of withdrawal, according to article 102 of RDL 1/2007, the consumer will have the right to withdraw from the contract during a period of 14 calendar days from the date of delivery of the order, the delivery date being the date provided by the transport company. There is no penalty for exercising the right of withdrawal or renunciation. To make a return it is necessary to contact us through our email ventas@balanzo.es or telephone 93 4156834 for any incident that may generate a return of one or more products of your order before the withdrawal period expires. The consumer can find the withdrawal form in this link ‘right of withdrawal form’. Before returning the product, the customer must ensure that the product is properly protected and sealed so that it is not damaged during transport. If the product is defective, Balanzó will be responsible for the replacement of the product, if possible, without any cost to the customer. If, for reasons of availability, it is not possible to replace the product, the purchase will be refunded in full.

In any case, for the purposes of making use of the right of withdrawal, it is essential that the products are returned in the same condition in which they were received, and they must be returned together with their original packaging and the corresponding invoice. The above is without prejudice to the customer's right to open and unpack the product in order to test, analyse and evaluate it in order to make a decision on its final purchase. At BALANZÓ EXPORT, S.L. we are aware that the right of withdrawal necessarily implies the right to test the product and, therefore, to open it, and we ask customers that, in exercising this right, the original packaging, which must accompany the product to be returned, is damaged as little as possible.

 

10. WARRANTIES 

When the product or products purchased present a lack of conformity because they do not correspond to the characteristics offered, present defects that prevent their normal use in accordance with their nature, or do not offer the features described for the same, the customer will have the right to the repair of the purchased goods within a period of two years from the purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defence of Consumers and Users, without prejudice to the powers of the Balanzó online shop to check the veracity of the defects, their origin and the time of their appearance. In any case, the customer must request the collection of the product from the Balanzó online shop within a maximum period of two months from the discovery of the defect, and must inform Balanzó of the nature of the problem, the time and the conditions of its appearance. Likewise, the customer has the right to the repair of the goods according to the rules of article 118 and following of the Texto Refundido de la Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios. In any case, the regulations on the guarantee of the sale of consumer goods established at all times by the applicable legislation will be applied.

 

11. EXEMPTION FROM LIABILITY

BALANZÓ EXPORT, S.L. does not guarantee the technical efficiency of the operating system of the online shop, and is not liable for any damages that may be caused to the customer by service failures or interruptions that limit or prevent the availability or use of the online shop. The online shop is protected with the most advanced means at all times against viruses and unauthorised access and therefore BALANZÓ EXPORT S.L. shall only be liable for damages caused to the customer by these actions insofar as they are caused by deficiencies in the normal standard of protection required at all times according to the state of the art.

 

12. TREATMENT OF PERSONAL DATA

In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation), Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights, the personal data provided by reason of the use of the Online Shop will be included in a database for which Balanzó Export S.L. is responsible and which complies with the technical and organisational measures in order to protect such data.

The processing of personal data by the Balanzó Online Shop, as well as any other information requested for accessing and using the Online Shop, will be governed by the provisions of the Privacy Policy of the www.balanzo.es website.

 

13. GENERAL

The present conditions have been published with due notice, in accordance with current legislation. Likewise, Balanzó makes these general conditions, the specific conditions, the new conditions and other implementing regulations available to users, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

BALANZÓ EXPORT, S.L. reserves the right to modify, at any time and without prior notice, the presentation and graphic and technical configuration of the online shop, its functions and/or the content included therein. The user expressly acknowledges and accepts that at any time Balanzó may interrupt, deactivate and/or cancel access to and/or use of the online shop, without Balanzó being liable for this.

In the event that any provision or provisions of The conditions of purchase in the online shop, general, particular or development regulations were considered null or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions. In such a case, the clause or clauses affected shall be replaced by another or other clauses having the closest effect to those replaced.

 

14. APPLICABLE LAW

These Conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of Article 5. 3 of Law 7/1998, Regulation (EU) 2016/679 (General Data Protection Regulation), Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Customers and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and any other legal provisions that may be applicable.

In addition, due to the application of Regulation (EU) 524/2013 on the resolution of consumer disputes, the customer can make any out-of-court complaint about online contracts made within the European Union through the following online platform:

https://ec.europa.eu/.




 


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