General terms and conditions of sale in the Tritó, S.L. online shop, accessed through the website www.trito.es
The present document establishes the general terms and conditions of contract between TRITO, S.L. (hereafter referred to as “TRITO”), whose registered company address is Avda. de la Catedral, 3 C.P. 08002 Barcelona, Spain and Company Registration Number (CIF) B59824656, and natural persons (hereafter referred to as “You”), with regard to the sale and purchase of goods offered on the website, www.trito.es, property of TRITO, when you express a desire to buy the aforementioned goods by ordering them from this website via Internet. The orders you place constitute the specific conditions associated with the present General Terms and Conditions. The latter must be consulted before proceeding to purchase any goods. The present General Terms and Conditions are at your disposal on the website www.trito.es, for you to read, print, store and accept. You cannot buy any goods without consulting them previously. These General Terms and Conditions are always clearly visible on the website.
The present General Terms and Conditions in conjunction with your specific order for goods imply the formalisation of a contract of sale between TRITO and you, where you confirm that you have read, understood and accepted the present General Terms and Conditions.
1. OBJECT OF THE GENERAL TERMS AND CONDITIONS
With the present General Terms and Conditions TRITO hereby agrees to deliver the goods that you have ordered through the website www.trito.es in exchange for a stipulated payment. On ordering the goods available on this website you declare: a) That you are of legal age to purchase. b) That you have read, understood and accepted the present General Terms and Conditions.
2. APPLICABLE LEGISLATION
The present General Terms and Conditions are subject to the provisions of the Spanish Royal Decree 1/2007, passed 16 November, which ratifies the updated text of the General Law for the Protection of Consumers and Users and other complementary laws; the Law 7/1998 of 13 April, which regulates General Terms and Conditions of Contract; the Royal Decree 1906/1999, passed 17 December 1999, which regulates Telephone and Online Transactions by means of General Terms and Conditions; Organic Law 15/1999, passed 13 December, which regulates the Protection of Private Data; Law 7/1996, passed 15 January, which regulates retail trade; and Law 34/2002, passed 11 July, which regulates Services in the Information Society and Online Trading.
3. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
TRITO reserves the right to modify the present General Terms and Conditions at any time, without any obligation to inform you previously. At all times, it is your responsibility to check them as a precondition to the purchase of any product available for sale on this website. In all cases, the General Terms and Conditions which appeared on the website at the time when you acquired the goods will be considered to be those that are valid and legally-binding.
4. RIGHTS AND OBLIGATIONS OF TRITO
4.1. Delivery of goods: – TRITO undertakes to dispatch the goods in perfect condition to the address indicated by you on your order form, where the specific conditions that complement the present General Terms and Conditions appear. TRITO will not accept responsibility for orders where there is missing or incorrect information that results in wrong delivery. The approximate delivery date for each product will be, in each case, the date indicated in the email sent to you as confirmation of your order. If the product is not in stock, TRITO will inform you by email of the new delivery date. 4.2. Liability: – TRITO will in no case be held liable with regards to: 4.2.1. or a) Mistakes or delays occasioned by you when entering your personal details on the order form, delays in reception or the impossibility of reception by the consignee (i.e. the person to whom the consignment is sent), and any anomaly that may arise owing to problems with the Internet, accidental causes, or reasons of force majeure, and any other event or circumstance beyond the reasonable control of the TRITO. In all cases, TRITO undertakes to deal with any problems that may arise, and provide you with all the help you may need in order to find a quick and satisfactory solution. 4.2.2. or b) Any mistakes or problems caused by misuse or inefficient use of the service. 4.2.3. or c) Inoperative or unreliable email address supplied by you for confirmation of the order. 4.2.4 or 4.2.1. Right to withdrawal: – TRITO recognises your right to withdrawal in compliance with the terms and deadlines established by the Spanish Royal Decree 1/2007 passed 16 November, which ratifies the updated text of the General Law for the Protection of Consumers and Users and other complementary laws, in which case TRITO will re-credit the sum paid by you, in respect of prices and any additional fees, to the account number indicated by you. You may withdraw your order for goods at any time up to the end of the seventh working day after receiving the goods, This date is considered to be, unless otherwise demonstrated, the one indicated on the delivery note you will have signed. To exercise the right to withdrawal you should fill out the form [link to order cancellation form] supplied to this effect and send it to TRITO, by some legal means and within the stipulated deadline, at the address appearing at the beginning of the present General Terms and Conditions. You should send the corresponding goods back to the same address. In all cases you return the said goods at your own cost and risk. 4.2.5. Guarantees: – TRITO is under the obligation to deliver the goods in perfect condition, but will not be held liable for any possible breakage or damage to goods produced after their delivery. In this case you expressly waive the right to claim for damages, within or outside the terms of the contract. TRITO is responsible, as stipulated by Spanish Royal Decree 1/2007 passed 16 November, which ratifies the updated text of the General Law for the Protection of Consumers and Users and other complementary laws, for the conformity of the goods up to the time of delivery, in compliance with the present General Terms and Conditions and also, in particular, in accordance with the description of each item as it appeared on the website at the time of its order and when it was delivered to you. Before signing the delivery note you or the consignee must inspect the goods to check they are in perfect condition. When you or the consignee accept the goods on their delivery, by signing the delivery note, this implies that both parties agree that the goods comply with the present General Terms and Conditions and correspond to their description. 4.2.6. Deadlines:– During a period of two years from the date of delivery of the goods TRITO will answer to any disagreement expressed at the time of the delivery of the goods, in accordance with the present General Terms and Conditions and the corresponding description of the product. In all cases, from the moment when any lack of conformity of the product is detected you have a period of two months in which to notify TRITO. If the aforementioned lack of conformity is detected more than six months after the delivery of the goods, it will be your responsibility to prove that the said lack of conformity already existed at the time of delivery. In these circumstances TRITO will take any reasonable action to help you contact the manufacturer of the goods in order to reach the best possible solution in each individual case, without TRITO being under any obligation to achieve a specific result. 4.2.7. In the case of non-conformity of the goods with the present General Terms and Conditions or the corresponding description, provided that you comply with the conditions set out herein, you may: a) Make a claim for repair or replacement of the goods, in compliance with the provisions of the Spanish Royal Decree 1/2007 passed 16 November, which ratifies the updated text of the General Law for the Protection of Consumers and Users and other complementary laws or b) Make a claim for a reduction in the price, or demand a refund and the rescission of the contract, when repair or replacement is not possible. In no case is rescission of contract admissible when the lack of conformity is of scant importance.
5. YOUR RIGHTS AND OBLIGATIONS
5.1. Payment: – You undertake to pay in advance for the duly ordered goods with regard to the amounts and forms of payment detailed on continuation: 5.1.1. Total sum: – The price of the goods you have ordered will be the price displayed on the website and which appears on your particular order, order which constitutes the specific terms and conditions of the contract of sale. The prices of goods listed on the website always include VAT. Apart from the price which appears on the website for each item the applicable delivery costs have to be added on. These are charges that in no way depend on TRITO, being those officially listed by the national mail service or private delivery companies; TRITO makes no profit on these charges and undertakes to indicate the total cost of the goods including delivery charges before you formalise your order and before confirmation by email of the said order. 5.1.2. Forms of payment: – you may pay for your order by credit card or bank transfer. 5.2. Your obligations. In all cases you shall: 5.2.1. Be liable for any possible wear and tear or damage to goods, or loss of goods, from the moment they are delivered to you by the third party which, acting on behalf of TRITO, delivers the said goods. 5.2.2. Verify the condition of the package in the presence of the third party which, acting on behalf of TRITO, delivers the goods, indicating on the delivery note any anomaly that may have been detected. If, on checking the contents, you detect any sign of a blow, breakage or any other defect that may have been caused during delivery, you agree to notify TRITO as soon as possible.
6. PROTECTION OF PERSONAL DATA
6.1. Information with regard to the existence of a file and request for permission to treat data automatically. With regard to the personal particulars you enter on the forms on the website, TRITO acts in strict compliance with the current regulations as established by the Organic Law 15/1999, passed 13 December, regulating the Protection of Private Data, and other laws that build upon it. TRITO hereby notifies you that the aforementioned data will be included in a file for purposes of automatic processing and that you give your consent on accepting these General Terms and Conditions. 6.2. Object of data processing: TRITO stores certain personal details that you enter on your order form in order to formalise the sale and purchase of goods. TRITO hereby notifies you that these details will be processed automatically. TRITO uses these details for invoicing and the delivery of goods. In all cases, the data stored and used by TRITO constitute the basic information needed for the aforementioned purposes. 6.3. Obligatory data input: The boxes marked with an asterisk* in the forms must be filled in. If not, you will be unable to send your enquiry or place a specific order. 6.4. Rights of access, rectification, cancellation and objection: After entering your personal data in the different registration and application forms you may, as a matter of law, exercise your rights of access, rectification, cancellation and objection at any time, by submitting a claim online to www.trito.es or by post to TRITO, S.L. , Avda. de la Catedral, 3 C.P. 08002 Barcelona, in both cases including a copy of your ID card or other identifying document. TRITO reiterates its respect for and commitment to absolute confidentiality in the collection and use of your personal details. In no case will data be passed on to third parties without your prior consent. 6.5. Security:– TRITO guarantees the absolute confidentiality and privacy of the personal data collected on the website. To this end it has adopted the security measures required to prevent non-authorised access and alteration, loss or misuse of data. It thus guarantees their integrity and security, in particular in compliance with the provisions of the Royal Decree1720/2007, passed 21 December, which ratifies the norms for the extension of the Organic Law 15/1999, passed 13 December, regulating the Protection of Private Data. TRITO will in no case be held responsible for any incident regarding personal data when this incident is the result of an attack on or non-authorised access to the website, carried out in such a way that it cannot be detected by the operative security measures, or when this is due to carelessness on your part as regards the storage and safeguard of your passwords or personal details. 6.5. Accuracy of personal details: – The accuracy of personal details is your responsibility. You undertake to introduce the correct data and to modify any mistakes where necessary.
7.1. In no case will TRITO be held liable for the following: 7.1.1. Mistakes and incidents during uncompleted communications and transmissions that may make it difficult to ensure that the services on the website are in constant operation. 7.1.2. Any damage you or third parties may cause to the website 7.2. TRITO reserves the right to limit access to the website without prior notice and at its own discretion, permanently or temporarily until the agents responsible for any damage that may have been caused have been identified. Similarly, TRITO will notify the competent authorities and cooperate with them when it has reliable proof that the damage caused constitutes some kind of illegal activity.
TRITO hereby informs you that the web www.trito.es – its contents and the programming and design of the website – are fully protected by copyright. Unauthorised copying, communication, distribution and transformation of the aforesaid protected material is expressly forbidden without formal permission in writing from TRITO.
9. GOVERNING LAW AND COMPETENT JURISDICTION
The present General Terms and Conditions shall be governed by and interpreted in accordance with Spanish law. Any dispute or conflict derived from the present General Terms and Conditions will be subject to the jurisdiction of the competent authorities as established by the applicable legislation covering the rights and responsibilities of consumers and users.
10. – In the case of any clause in the present General Terms and Conditions being declared null and void, the remaining clauses shall continue to be legally-binding and shall be interpreted taking into account the interests of the parties and the object of the present conditions. TRITO may decline to exercise the rights and faculties conferred on it by this document without this implying in any case renouncement of the said rights and faculties, unless this is expressly stated by TRITO.