CONDITIONS OF PURCHASE
We invite you to review the general conditions of purchase that regulate the offer and purchase of products through the online store included in this website.
By using this website you are bound to these conditions, so we recommend that you read them carefully. If you do not agree with them you must leave the website.
1. PRELIMINARY PROVISIONS
These conditions of purchase are applicable to all sales of SERCALIA, S.L. items, which have been made through the website www.sercalia.com (hereinafter “website”).
By placing an order, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
Orders can only be made to purchase goods without the intention of resale. Any resale or distribution of products purchased through the website is strictly prohibited.
We reserve the right to cancel fraudulent, false or speculative orders as well as those orders that have been requested by a customer with which there may be a difference / controversy in previous orders, or when there are reasonable doubts that may make us think that the customer is violating any of the specified purchase conditions or is participating in any criminal activity.
Obligations of the user
As a user you are obliged to communicate to www.sercalia.com all the necessary data for accessing and using the services of this website. These must be true and current and you consent that we can make use of them to get in touch with you if necessary.
It is essential that you provide all the information that we catalog as mandatory since, if we do not, we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of the error or omission of these data.
The user must make appropriate use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.
We will establish all reasonable mechanisms at our disposal to ensure that your personal data is kept secure at all times. However, you accept that no data transmission over the Internet can be guaranteed as safe against access by unauthorized recipients and can not hold us liable for any security breach except due to our negligence.
In addition, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of the loss, theft or illegitimate access of your username and password, as well as your knowledge by third parties.
2. CONDITIONS APPLICABLE TO ORDERS
All products offered on this website are sold directly by SERCALIA, S.L. with VAT ESB66568262 and address at C / Casp, 116 – 08013 Barcelona (Spain), registered in the Mercantile Register of Barcelona, Folio 192, Sheet 471155, Volume 44912, First registration.
2.1. Purchase procedure
You can browse the website until you find the desired article. Once located, clicking on it will access all the detailed information offered by the website. From there you can add the item to your purchase.
If you are placing an order for the first time with us, you will be asked to register by entering your email address and a password with which you can create and access your account.
In the case that it is a registered user and with an active account, you must enter your email and password and the system will recognize your data.
Once you are in your account you can continue your purchase and finally confirm the order.
2.2. Offer coverage
The delivery area for these items is limited to Spain (including the Canary Islands and the Balearic Islands, Ceuta and Melilla), and to the rest of the world. By accepting the order, you confirm that you are a resident customer in one of these areas. Any other delivery address will suppose the automatic cancellation of the order.
All orders are subject to availability. We are not responsible for the lack of stock or the unavailability of the products.
Check the selection of items available for sale through the website, since not all items that we can offer in our stores or that may appear in catalogs, websites or other presentations are available for this type of sale.
If a product is not available once the order is placed, you will be informed as soon as possible by email or phone and it will be canceled.
In case of any doubt, it is recommended to contact our company to the customer service.
2.4. Contract with SERCALIA, S.L. and acceptance of orders
The order will not be accepted by us until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as acknowledgment of receipt, but this will not imply that the order has been accepted, as they will be subject to our subsequent verification and acceptance.
We will confirm the acceptance of the order in an e-mail in which we will inform you that the order is being sent. Only at that moment will the contract between you and us be formalized, and only for the items related in said shipping confirmation.
2.5. Confirmation and cancellation of orders
Prior to the completion of the order on your part on the website, you can review all the details associated with it (amounts broken down into all the necessary items – taxes, transport costs, selection of items, etc.), and can correct the that you consider necessary.
After the confirmation it will not be possible to modify or cancel the order through the website, you must contact. In this case, the order can only be modified or canceled if the item has not entered the shipment phase from our warehouses.
2.6. Currency, taxes and price
In accordance with current legislation, all purchases from our website will be subject to value added tax, except for the Canary Islands, Ceuta and Melilla. The applicable rate will be the legally valid at all times.
In the orders destined to the Canary Islands, Ceuta and Melilla, the deliveries will be considered exempt from VAT, without prejudice to the application of taxes and tariffs derived from the entry and exit of the product in those territories (according to current regulations), and which must be be paid directly by the customer to the logistics operator in charge of delivering the product.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the delivery territory, as indicated in the previous paragraphs).
2.7. Form of payment and security
Any order placed must be paid immediately after the order confirmation. Only orders for which it has been completed and verified payment thereof will be taken.
Payment must be made through deposit account, bank transfer, credit or debit card (issued by an entity with headquarters in Spain or the EU), payment gateway Virtual POS.
The amount of the order will be charged to your card, so you must indicate the number, the expiration date as well as the security code CW2 (on the back of your card). In the case that your card is secured, you will be asked for the relevant security codes.
These data will not be saved or manipulated by us, but will be registered directly in the payment gateway of the corresponding financial entity. For greater security, we will use a Secure Electronic Commerce Authentication Service, a system established by Visa / Mastercard / Eurocard, by which the client is authenticated by its issuing banks and the business is authenticated by its acquiring bank.
The charge will be carried out in real time through this payment gateway. In case the charge can not be carried out finally (for any reason), the order will be automatically canceled.
2.8. Deliveries: types, deadlines and problems
The delivery can be made at the address you choose (except in the post office box). Delivery to the home of the orders will be made by a logistics operator within normal business hours. If there is nobody at that address when the logistics operator comes, this will leave a note and your customer service department will try to contact you to close the delivery.
The usual delivery time will be approximately in 2-3 days. This period may increase in periods of sales, Christmas campaigns or in case of customs or other circumstances derived from (for information only) geographical distance, weather conditions, wars, strikes, any form of government intervention, breaches of our suppliers , etc. as well as any other imputable to the logistics operator in charge of the delivery of the product. We are not responsible for any delays that may arise from any of the reasons mentioned above.
If, at the time of delivery, the packaging of the order is damaged, you must open the package in the presence of the logistics operator to check the status of the items. If damages are observed, you must detail them on the delivery note and get in touch. We will repair or replace at no cost to you all those items that have been damaged or lost during transportation, as long as they notify us of this incident as soon as possible.
Once delivered the order, it will become part of your property and therefore, all damages that may arise will be your responsibility.
2.9. Return, exchange and refund policy
Right of withdrawal:
The Client will have a maximum period of 14 calendar days from the delivery of the Product or from the conclusion of the contract if it is a service, to communicate his total or partial withdrawal of the purchase of the Product, in accordance with the applicable legislation. The return made within the deadline will not entail any penalty. However, the Customer must bear the shipping costs.
Mark the items to be returned on the purchase receipt that you receive with the order.
You must send the item / s in the original packaging in which it was delivered by the logistics operator.
Once the return has been disappointed by us, we will verify that the items returned physically correspond to the delivery note and also that they have been received in perfect conditions of use, complete, in their original packaging and without any indication of having been used.
Deficiencies caused by negligence, bumping, use or improper handling, unsuitable voltage, incorrect installation not carried out by the authorized Technical Service when appropriate, or materials subject to wear and tear due to normal use are not included.
The guarantee will lose its value if the identification number or the guaranteed product itself is manipulated or repaired without the knowledge of the Technical Service.
If the verification of the order status is satisfactory, we will proceed to refund the money you had paid at the time on the same credit card from which you made the payment, within a maximum period of one month. Otherwise, we will contact you to send the item back (the transport costs associated with this new shipment, will be borne by you).
2.10. Product warranty
The warranty period is two years, although the same does not include deficiencies caused by negligence, blows, incorrect use or improper handling, etc …, nor materials that are worn out due to use. In case of a defect caused by the misuse, the repair will be billable previous estimate.
In those incidents that justify the use of the guarantee, will opt for repair, replacement of the item, rebate or refund, in the terms established by law. SERCALIA, S.L. make changes or refunds provided that:
Prior communication is given to our Customer Service Department within two months: This step is essential whatever the reason for the return. You can do so by sending an email to email@example.com attaching a copy of the ticket or invoice and order number in the subject of the email. We will tell you how you can act to return the item.
The item to be returned must be properly packed for return. The packaging must be in perfect conditions and keep all its accessories and instructions of origin in order to be returned.
Failure to comply with the two-month deadline will not result in the loss of the corresponding sanitation right, the client being responsible, nevertheless, for the damages or losses actually caused by the delay of the communication.
Commercial guarantee: manufacturers can offer additional guarantees, whose length and duration differ according to the products and brands. Said guarantees shall be exclusively chargeable to the manufacturer who binds them.
By virtue of the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale under the terms that it establishes (Article 114), by virtue of which:
“The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to it of any lack of conformity that exists at the time of delivery of the product.”
The computation of the guarantee will begin on the same day of purchase, under the aforementioned article 123 of the Royal Legislative Decree.
3. PARTIAL NULLITY
If any part of these conditions of services is contrary to law and, therefore, invalid, this will not affect the other provisions in accordance with law. The parties undertake to renegotiate those points of the service conditions that are null and void and to incorporate them into the rest of the service conditions.
4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
SERCALIA, S.L. reserves the right to modify the general conditions of sale without prior notice, may change, delete or add both the contents and services provided through it as the way they appear presented or located on their servers.
These changes must be accepted by the user each time a purchase is made through the web.
Customers who are not satisfied with the modifications of the general conditions, must notify it and, from the date on which the new version came into force, they must stop using the services of the web.
In the event that some of the terms of the general conditions of sale are declared illegal or unenforceable by a court decision, the other provisions will remain in force.
5. APPLICABLE LAW AND JURISDICTION
This site is located and is operators of Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles of conflict of laws being applicable.
In those cases in which the client does not have the status of consumer or user, or has a domicile outside of Spain, it will be submitted to the national courts and tribunals, expressly waiving any other jurisdiction that may correspond to them.
If the user decides to use or consult this site outside of Spain, he must bear in mind that he does so on his own initiative, and that he is responsible for compliance with the relevant laws.
This contract will enter into force and will have full effect from the moment that the acceptance of the client or user occurs.
This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, archived and reproduced by the usual electronic or computer means.