This document, together with all the attached documents, regulates the conditions governing the use of this website www.balliustore.com and the purchase of products through it.
For these general conditions, the entity BALLIU EXPORT, S.A. is called "BALLIU"; and the possible costumer or user of this web site and the possible online purchase is called "CUSTOMER".
By using this Web Site or by making and/or requesting the purchase of a product and/or service through this Web Site, you agree to be bound by these Terms and Conditions and all of the above, so if you do not agree to all of the above, you should not use this Web Site.
Likewise, you are informed that these Conditions may be modified by BALLIU, as well as the Conditions of Use, Privacy and Cookies. The Client is responsible for consulting them each time he/she accesses, navigates and/or uses the Web Site, since those in force at the time of requesting the purchase of products and/or services will be applicable.
BALLIU EXPORT, S.A. may modify these General Purchase Conditions as well as the Conditions of Use, Privacy and Cookies.
The order may be formalised at the Customer's choice in any of the languages available on the website: Spanish, Catalan, English or French. In the event of any discrepancy in interpretation, the Spanish clause will prevail.
1. OUR DATA
This website is operated by:
BALLIU EXPORT, S.A. with registered office at Ctra C-35 km.93,5 P.O. BOX 158, 17455 CALDES DE MALAVELLA (Girona)
Registered in the Mercantile Register of Girona, volume 1182, foli 131, section 8, Fulla GI 20948, inscription 14.
E-mail BALLIU EXPORT, S.A.: firstname.lastname@example.org.
2. THE CLIENT
The Customer undertakes not to place any false or fraudulent order, and in such circumstances BALLIU reserves the right to cancel the order and take the appropriate action.
The Customer declares that it is over 18 years of age and has the necessary and sufficient legal and work capacity to enter into contracts with economic content.
In the case of legal entities, the natural persons acting in their name and representation, through this site, guarantee to BALLIU, and third parties linked to the provision of the contracted services, that they are sufficiently represented in their favour by the corresponding legal entity at the time of purchase and guarantee that at the time of the transaction they are not infringing the rights of any third party in this respect and that the data and information relating to the legal entities are true, exact and reliable.
BALLIU shall not be liable for any damage, loss or harm to persons and/or goods caused by or related to the above statement.
To place an order the Customer must select from the BALLIU website the products he wishes to purchase by creating a virtual shopping list.
Before placing the order, the Customer must have followed the steps below:
1. Read and understand the product description as it appears on this website. In case of doubt, the Customer must contact BALLIU by e-mail at email@example.com, or by telephone at +34972397100.
2. Read and understand the essential and technical characteristics of the products, which are available in the product information and technical information sections of the website. Among them, any statement regarding technical standards and performance relevant to the use you wish to make of the product.
3. Consult the indicated price of the products on the website and any promotions that may apply, and view and know the final price including VAT or tax that may be applicable, as well as the price of the transport service.
BALLIU will show on its website updated information on the availability and stock of products. Even so, it is possible that a product, whose availability has been confirmed by BALLIU, has been sold out during the ordering process. In this case, BALLIU will inform the Customer about this situation by e-mail and/or telephone, and will deliver the product in a longer period of time than initially indicated, without any additional cost.
5. PRICE AND PAYMENT
The prices of the products shown on the website include VAT and are current at all times, including any promotions that may apply, unless required by law, especially with regard to VAT or other taxes, a different matter is indicated and applied.
The prices of the products exclude the costs of the services, which will be added to the total amount before payment.
Prices may change at any time, but any changes will not affect orders or purchases for which the Customer has already received an order confirmation.
The means of payment accepted will be: Credit or debit card and bank transfer.
Credit cards will be subject to verification and authorisation by the bank that issued them. If said bank does not authorise payment, BALLIU shall not be liable for any delay or failure to deliver and may not formalise any contract with the Customer. Once BALLIU receives the purchase order from the Client through the Web Site, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the Client in the established form and, if applicable, location.
Orders for purchases or purchases where the Client selects bank transfer as the means of payment will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be taken into account by the payment system used by BALLIU for the Website. When the system receives the transfer and is available, the order will be prepared and managed for shipment. Otherwise, the order will not be sent and will be considered void.
All expenses generated by the payment systems shall be paid in full by the Customer and shall be added to the total amount payable.
With this method of payment, the Customer must ensure that he enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In the event of an error, the Customer will not be able to validate the order, which will be cancelled.
BALLIU shall not be held responsible for the lack of veracity of the data included by the Customer at the time of placing the order or especially for any damage generated to third parties by the Customer's illegitimate use of means of payment.
It is not possible to pay for the purchase of the products or the service in any other way than that provided for.
The Customer will receive an invoice, in paper or digital format, for the purchase of the products and services contracted, which will be delivered together with the goods.
All shipping costs of BALLIU products are always paid by the buyer CUSTOMER. Likewise, the possible taxes and/or customs duties are to be paid by the CUSTOMER buyer.
Delivery will be made in accordance with the Incoterm FCA clause, so BALLIU will assume the risk of loss, damage, breakage or destruction of the product until the goods are made available at the point agreed between the parties. Therefore, the responsibility for the goods will be transferred at the moment that BALLIU makes them available to the buyer CUSTOMER at the point agreed upon at the time of unloading of the goods.
BALLIU will send the order within the period agreed upon with the Customer according to the delivery method, within a maximum period of 30 days. Delivery" shall be understood to have taken place when the Customer or a third party designated by the Customer acquires material possession of the products, which shall be accredited by the signature of the delivery note provided by BALLIU or the transport service provider for this purpose.
If it is not possible for BALLIU to deliver the products on the date and time agreed with the Customer, the order will be returned to BALLIU's warehouse and BALLIU will contact the Customer to arrange a new delivery.
If the reason for the delivery is the Customer's absence, the Customer will have to pay again the amount for the transport before it is carried out, unless BALLIU is responsible for the cause, in which case BALLIU will assume the cost for the next delivery.
The following documents are part of these general contracting conditions: (a) The purchase ticket (b) document/order detailing the services contracted by the Client, their price, as well as the date agreed for their provision, and (c) any other attached document signed by the parties in relation to or in the course of the services provided.
By accepting these conditions the Client authorises the service to be provided by third parties designated by BALLIU.
If the Customer changes the place of delivery, this may entail an additional cost, depending on the new area designated for the service, in which case the Customer will be informed in advance of the cost of the change of place of delivery for its prior acceptance.
If the Customer is absent on the agreed date and time, BALLIU will contact the Customer by telephone to arrange a new date within the indicated time frame. In this case, the cost of a new transport and storage will be charged.
The Customer must:
1. Pay the price of the Services at the time of contracting, in accordance with the prices stipulated in the attached order for each Service through the accepted means of payment.
2. Remain at the address where the Service is to be performed on the agreed date and time or expressly designate a person for this purpose.
3. Correctness of data is essential for the provision of the service, and for this reason the Customer declares and guarantees that the data appearing in the order (name, surname(s), telephone number(s), full address, date and time of the Service) are correct. It is necessary for the Customer to provide BALLIU with a contact telephone number so that it can locate the Customer and manage the services contracted and follow up.
4. Deliveries to post office boxes and public places are not allowed. In the event that the carrier has to make a second trip due to an error in the data, the Customer must pay the cost of this trip or shipment according to the rate of the order.
Once the contracted service has been provided, it is essential to sign the delivery note, indicating in the section on incidents, any that may have arisen at the time of providing the service or damage caused. No claims will be accepted that do not appear on the delivery note.
The Customer is responsible for verifying the quantity of packages received, their condition and signing their agreement or not with the delivery, having examined the goods together with the Service Provider. Losses and/or damage to goods and/or facilities during transport must be noted in writing on the delivery note at the time of delivery.
In the case of non-visible damage or loss, the period for making a claim is 2 days from delivery. The Customer must present a written description and, if necessary, photographs of any damage/incidence he perceives. The letter may be submitted by e-mail to firstname.lastname@example.org.
5. At the time of contracting the service, the Customer must ensure that the space and height conditions of the place where the transport is to be carried out are adequate, as well as notifying, at the time of contracting the transport, if there is any obstacle that prevents or hinders the delivery of the goods to the indicated place, such as small doors, too narrow staircases, non-existent or inadequate lifts or lifts, pedestrian streets or streets with restricted opening hours, etc. These circumstances will be assessed in order to agree on a special price for the transport in these cases. If BALLIU has not been previously informed and a second transport is necessary, this must be paid for according to rates, without the right to reimbursement of the first transport, and may involve storage costs.
6. The Customer exempts BALLIU, and therefore shall be solely responsible for i) making use of the products in accordance with the corresponding technical specifications and instructions for use ii) verifying the correct location and placement of the product in the property in accordance, where applicable, with the building book, the obligations of use and maintenance of the property, emergency and evacuation manuals and any other requirements applicable to the property in question.
Once the goods have been received, the Customer, if he is a consumer, will have 14 calendar days from the receipt of the last of the products purchased in the same order to exercise partially or totally his right of withdrawal.
In the event of total or partial withdrawal, BALLIU will return to the Customer, by the same means it used to pay, the payments received for the returned goods and for the services contracted (collection or transport), which, if applicable, will be proportional to the amount of goods returned, within a maximum period of three working days after BALLIU has received the returned goods.
In order to exercise the right of withdrawal, the Customer must contact, within this period, Balliu Export Ctra C-35, km 93,5, 17455 Caldes de Malavella (Girona). BALLIU provides, attached to these terms and conditions, a withdrawal document, which the Client may or may not use for this purpose. Likewise, the Customer may send the withdrawal form to BALLIU by email to the following address: email@example.com
The Customer shall be responsible for any reduction in the value of the products to be returned resulting from handling other than that necessary to establish the nature, characteristics and operation of the products, which will mean that in such cases the exercise of the right of withdrawal offered by BALLIU will not be permitted.
In order to exercise these rights and guarantees, the Customer must in all cases present proof of purchase of the products.
In such a case of withdrawal, the refund may be withheld until the goods have been received, or until the Customer has provided proof of the return of the goods, depending on which condition is met first.
PRODUCT WARRANTY BALLIU EXPORT, S.A.
Balliu Export, S.A., with headquarters in Ctra. C -35, Km. 93.5, 17455 Caldes de Malavella, warrants its products as follows:
Warranty of the supporting frame and structure of its products: 3 years from the date of the invoice.
Except for, warranty of the supporting frame and structure of aluminium products: 2 years from the date of the invoice.
The warranty on the supporting frame and structural elements of Balliu product is granted for a period of three years from the date of the invoice, as long as the product has been properly used and been given the proper maintenance as recommended by Balliu Export, S.A.
The guarantee extends to every country where this product is distributed by authorized Balliu Export, S.A. distributors. This warranty does not cover defects due to passage of time or normal use (for example discoloration or flaking of the paint, scratches, cracks, etc.). The guarantee will be invalid also in cases of misuse, improper use, inadequate manipulation, deterioration of the product due to obstructive or corrosive external agents, or due to improper maintenance, lack of cleaning or the use of nonoriginal spare parts, etc. Neither this warranty covers defects as a result of inclement weather or disasters or wars, or any other circumstance of similar characteristics.
Labor costs from mounting the broken or damaged parts will not be included. The Balliu Export, S.A. warranty is limited to the supply of parts that this warranty considers that present a manufacturing defect or breakage when used under the terms described above, free of transportation fee for the customer.
Guarantee of the fabric of its products: 2 years from the date of the invoice.
Additionally Balliu Export, S.A. guarantees for a period of two years the fabric or its products against breakage, discoloration or fading due to ultraviolet rays, as long as the product has received the use and the maintenance recommended by Balliu Export, S.A. During this period, in the unlikely event that the tissue is broken, change color or discolor under the recommended use, Balliu Export, S.A. will provide the fabric to the customer free of delivery cost. The workmanship required to assembly the fabric on the frame will not be included.
This additional guarantee of the fabric is not valid in cases of misuse, improper use, inadequate manipulation, deterioration of the product due to obstructive or corrosive external agents, or due to poor maintenance, lack of cleanliness or the use of non-original spare parts, etc. Neither this warranty covers defects as a result of inclement weather or disasters or wars, or any other circumstance of similar characteristics.
If the change of the furniture fabric it´s needed, Balliu Export, S.A. is not responsible for slight differences in the color of the fabric. In the event that the exact model of the product is no longer available or discontinued, Balliu Export
S.A. will replace it with a similar product. Common provisions to both guarantees:
These warranties do not include products that break due to negligence or that are damaged, altered, abused, improperly used or stored improperly once they have left the premises of Balliu Export, S.A.
Once the parts and/or fabric are supplied, the guarantee will not be extended, continuing the warranted product during the warranty period originally granted.
For the validity of the guarantee, the label attached to the furniture and/or to the fabric where the fabrication batch appears, should be retained.
The customer shall notify to Balliu Export, S.A. all warranty claims within two weeks from the moment they occur, also providing the documents listed below:
- Copy of the original invoice.
- Photographs in which the defects are clearly displayed.
- Units of product claimed.
- Date of manufacture (labels, clock printed on the supporting frame, etc.).
- Label attached to the furniture and /or fabric.
- Defective part or parts.
Upon receipt of this documentation, if accepted as valid, Balliu Export, S.A. will send immediately all parts required to resolve the complaint.
Spare parts or products coming from demands of repair services not covered by the warranty will be billed by Balliu Export, S.A. to the customer.
The breakdown or malfunction as a direct or indirect result of the addition of parts or elements alien to the manufactured product, replacement of BALLIU manufactured parts by others not manufactured by Balliu Export, S.A. are expressly excluded from the warranty.
The manufacturer is not liable for losses, costs or damages direct or indirect of any kind resulting from product defects.
This warranty does not affect the rights available to the holder pursuant to the provisions of Royal Decree 1/2007, of November 16th, approving the revised text of the General Law for the Protection of Consumers and Users.
10. APPLICABLE LAW. SUBMISSION TO JURISDICTION
This contract shall be governed by the Spanish legislation applicable to the matters not provided for in this contract with regard to its interpretation, validity and execution.
In the event of any disagreement arising from the purchase of products through the distance selling service, from these General Conditions, and for the resolution of any conflicts, the parties agree to submit, renouncing any other jurisdiction to which they may be entitled, to the courts of Girona (Spain).
MODEL WITHDRAWAL FORM
(you only need to fill in and send this form if you wish to withdraw from the contract)
- For the attention of BALLIU EXPORT, S.A., ctra C-35, Km 93,5, 17455 Caldes de Malavella (Girona), fax number +34 972 39 71 01 and telephone number +34 972 39 71 00, firstname.lastname@example.org.
- Order received on .............................................................................................................................................................................................
- Signature of the consumer/user or of the consumers/users (only if this form is submitted on paper)