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GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, https://www.todocarritos.com/, (hereinafter Website) is held by: EVENTS SAN CRISTÓBAL S.L.U., provided with NIF: B-14946024 and registered in: St. Juan Bautista Escudero, warehouse 10A C .P 14014 Córdoba- Spain; and whose contact details are:
Address: St. Juan Bautista Escudero warehouse 10A CP 14014 Córdoba Spain
(Spain)
Contact phone: 957422048
Contact email: [email protected]
This document (as well as any other documents mentioned here) regulates the conditions governing the use of this Website (https://www.todocarritos.com/) and the purchase or purchase of products and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Todocarritos develops through the Website includes:
Company manufacturing food carts, advertising, street sales and events.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and Todocarritos data protection. By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with everything Therefore, you should not use this Website.
Likewise, the User is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since only those that are in force at the time the purchase of products and / or services is requested are applicable.
For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so all the Conditions established herein are accepted in the moment the navigation of the Website begins, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
• Making use of this Website only to make inquiries and purchases or purchases legally valid.
• Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
• Providing truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Todocarritos does not ensure that the Website complies with the laws of other countries, either totally or partially. Todocarritos declines all liability that may arise from such access, nor does it insure shipments or provision of services outside of Spain.
The User may formalize, with his choice, with Todocarritos the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of https://www.todocarritos.com/, during which several products and / or services can be selected and added to the cart, basket or final purchase space and, finally, Click on "Pay Now."
Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Todocarritos has received his order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, the User will also be informed by email when the purchase is being sent. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email, and, where appropriate, through his personal space to connect to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Todocarritos using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / or cost of benefits; and recognizes that the realization of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of Todocarritos in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that apply in this regard, and particularly in response to the LOPD and the rights that users attend in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use).
4. AVAILABILITY
All purchase orders received by Todocarritos through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties regarding the supply of products or there are no products in stock, Todocarritos undertakes to contact the User and reimburse any amount that could have been paid. This will be equally applicable in cases where the provision of a service would become unworkable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€), and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Todocarritos performs delivery and / or shipping services through: SEUR, CAYCO, MRW.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card, and Bank transfer.
Todocarritos uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank. If said entity does not authorize payment, Todocarritos will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Todocarritos receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment when the User is sent the confirmation of shipment and / or confirmation of the service that is provided in the form and, where appropriate, established place.
In any case, by clicking on "Pay Now" the User confirms that the payment method used is of his property.
Purchase or acquisition orders in which the User selects the bank transfer as payment method will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the system of payments used by Todocarritos for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Todocarritos will not be able to validate the order, which will be canceled.
6. DELIVERY
In the cases in which the physical delivery of the contracted asset should be made, deliveries will be made within the scope of the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, deriving from the personalization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which is attributable to you, Todocarritos could not meet the delivery date, you will contact the User to inform him of this circumstance, and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with Total refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Todocarritos to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for causes not attributable to Todocarritos, Todocarritos will understand that the User wishes to withdraw from the contract and it will be deemed resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User's own choice of a delivery method different from the less expensive modality of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to it.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Todocarritos receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount paid by Todocarritos.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the Spanish VAT application territory if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
Similarly, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and / or provision, in that Member State of the European Union where the address contained in the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and to Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs according to the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could run on their side.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Todocarritos through the enabled contact spaces on the Website, and, where appropriate, through those authorized to contact customer service, and / or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on "Pay Now", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.
8. RETURNS
In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, assists him of the right to withdraw from said purchase within a period of 14 calendar days without justification.
This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the Todocarritos Website or in case the goods that make up his The order is delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of being treated of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify Todocarritos of his decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
Avenida Amargacena nave 22. CP 14013 Córdoba (Spain)
Telephone: 957422048
Mobile: 692065684
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Todocarritos makes available as part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, Todocarritos will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different shipping method than the less expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Todocarritos is informed of the decision to withdraw by the User.
Todocarritos will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Todocarritos may withhold such reimbursement until it has received the products or items of the purchase, or until the User submits proof of their return, depending on which condition is met first.
The User can return or send the products to Todocarritos at:
Avenida Amargacena nave 22. CP 14013 Córdoba (Spain)
Telephone: 957422048
And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Todocarritos was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustive, this would be the case of: customized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully executed by Todocarritos, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
In the following link you can download the withdrawal form:
https://www.todocarritos.com/blog/contacto/
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product is not compliant with the provisions of the contract or purchase order, and that, therefore, you should contact Todocarritos immediately and present the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products. These, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund is due or, where appropriate, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, you will always be entitled to the rights recognized in the legislation in force at any time for the User, as a consumer and user.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, responding to Todocarritos, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Todocarritos and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufacturing by a third party. In this case, if the User finds that the product is defective, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the two years after delivery of said products. For this, the User must have retained all the information in relation to the product warranty.
To learn more about the After-Sales Service that Todocarritos puts at the service of the Users of the Website you can consult the following webpage: https://www.todocarritos.com/info/sobre-todocarritos.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by law, Todocarritos will not accept any responsibility for the following losses, regardless of their origin:
• Any losses that were not attributable to any breach on your part; business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Likewise, Todocarritos also limits its liability in the following cases:
• Todocarritos applies all measures concerning providing a faithful visualization of the product on the Website; however, it is not responsible for the minimum differences or inaccuracies that may exist due to the inappropriate resolution of the screen, browser problems or others of this kind.
• Todocarritos will act with the utmost diligence in order to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other characteristic of the sector, which result in delays, losses or theft of the product.
• Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Todocarritos puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products; however, it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
• Todocarritos will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Todocarritos will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, Todocarritos will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure. This may include, but is not limited to:
o Strikes, lockouts or other industrial action.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
o Inability to use public or private telecommunication systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Todocarritos will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. Todocarritos will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that the majority of communications with Todocarritos are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that Todocarritos sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Todocarritos through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Todocarritos may contact and / or notify the User by email or at the postal address provided.
11. DISCLAIMER
No waiver of Todocarritos to a specific legal right or action or the lack of requirement by Todocarritos of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exempt to the User of the fulfillment of their obligations.
No waiver of Todocarritos to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Todocarritos in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the parts.
The User and Todocarritos acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Todocarritos in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Todocarritos and the User, will be submitted to the Non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Todocarritos his complaints, claims or any other comment that he wishes to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Todocarritos has official complaint forms available to consumers and users, and these can be requested from Todocarritos at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between Todocarritos and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online litigation in matters of consumption and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.