Account holder: SAFE CARE S.L.
Registered office: C/Balmes 245 6º2º, 08006, Barcelona (Spain)
Tax Identification Number: C/Balmes 245 6º2º, 08006, Barcelona (Spain)
Corporate e-mail: email@example.com
Entry number: 034061269 002/0605
Journal number: 1187 Journal entry number: 0906
These conditions regulate and are applicable to all sales made by SAFE CARE S.L., from its website accessible at the following URL www.safesea.es
The carrying out of any order supposes that you have read and accepted these conditions of sale. If you wish, you can print a copy of this document for future reference regarding the knowledge it contains.
These General Conditions shall remain in force and shall be valid for as long as they are accessible through the Web Site, without prejudice to the fact that SAFE CARE S.L. reserves the right to modify, without prior notice, both the General Conditions, where appropriate the Particular Conditions, as well as any of the legal texts that are shown on the Web Site. In any case, access to the Web Site after their modification, inclusion and/or substitution implies acceptance of the latter by the user.
WEBSITE ACCESS AND REGISTRATION
Access to and consultation of the catalogue of products and/or services published on the SAFE CARE S.L. Web Site is free of charge and users do not need to register.
In the same way, in order to start the process of contracting products and/or services shown on the Website, it is essential that users register as users, following the indications set out below.
USER REGISTRATION REQUIREMENTS
To register as a user, it is an essential requirement to be over eighteen (18) years old and to provide, via the Website, through the form facilitated by SAFE CARE S.L., all the required data as well as that which is identified as mandatory. The registered user assumes that his/her user account is personal and non-transferable, both physical and legal persons are able to register on the Web Site.
Every registered user will have an access password, which will always be personal and non-transferable. The user may change or recover said password at any time, following the procedure set out on the Website. Under no circumstances will SAFE CARE S.L. get to know this password, which will remain encrypted in SAFE CARE S.L. systems.
By virtue of the foregoing, it is the user’s obligation to immediately notify SAFE CARE S.L. of any fact that enables the improper use of identifiers and/or passwords, such as theft, loss or unauthorised access to them, in order to proceed to their immediate cancellation. As long as these facts are not communicated, the provider will be exempted from any responsibility that may arise from the improper use of identifiers or passwords by unauthorized third parties.
UNSUBSCRIBE AS A REGISTERED USER
The legal relationship arising from registration as a Customer of the Website has an unlimited duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and without cause other than their will in that regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The Customer may unilaterally exercise the right of termination through the account cancellation process.
In any case, once the cancellation of registration has been made, the user may request a new one, except for the provider having the power not to admit such registration in the event of there being a conflict or controversy between the parties, which is still to be resolved or which ended with a recognition of fault or negligence of the part of the user and/or that caused damages to the provider, its partners and associates or their users, customers or potential customers.
ELECTRONIC PRODUCT PROCUREMENT PROCESS
INFORMATION AND AVAILABILITY OF PRODUCTS
All information relating to products offered by SAFE CARE S.L. for its Online Channel will be published through the Website, the following information being stated regarding each of them:
Photograph of product
Name of product
SAFE CARE S.L. may, at any time, add new Products to those included on the Web Site, it being understood that, unless otherwise provided for, such new Products shall be governed by the provisions of the General Conditions in force at that time.
PHASES OF THE E-PROCUREMENT PROCEDURE
Once the user has selected the products and/or services offered by SAFE CARE S.L., the user must follow the phases of the contracting process shown below:
- – Shopping Basket Validation: the User, once they finish selecting the products they want to contract, they must validate their shopping basket, in which the selected products will be shown, including the number of units, the price of the same, any discount if there is one and the delivery costs.
- – Provision of Invoicing and Delivery Data: the User, once they validate their shopping basket, they must provide SAFE CARE S.L. with the product invoicing and delivery details and must expressly accept, by ticking the corresponding box, these Contract Conditions. If you do not check the acceptance box, the Website will not allow you to proceed with the contracting process.
3 – Select the Method of Payment: the User, once they provide the invoicing data and, if appropriate, the delivery data, they will have to select the method of payment. Currently, SAFE CARE S.L. validates the following payment methods: Pay Pal, credit card.
4 – Payment of the total economic amount: the User will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banks.
5 – Purchase Confirmation: SAFE CARE S.L. will send the Customer an email within 24 hours of the time the Customer has made effective payment for their purchase, which will provide a summary, including all the characteristics of the purchase made.
ECONOMIC CONDITIONS AND FORMS OF PAYMENT
All the products and/or services offered on the Web Site show the final price of the associated product, as well as any possible discounts that may be applicable to the said purchase.
The prices shown on the Website apply exclusively to the Products offered through the said Channel and for as long as they remain on the Website.
The Product prices are always shown in euros (€) and include VAT, as well as any other tax that may be applicable, which are those in force and legally applicable at that time.
SAFE CARE S.L. expressly reserves the right to change prices at any time without prior notice. However, in any event, the current rates shown on the Website at the time of placing the order will apply.
In order to proceed with payment, the Customer must follow each and every one of the instructions shown in phase 3 of the electronic contracting process, previously described.
All means of payment provided by SAFE CARE S.L. are subject to checks and authorisations by the entities issuing the means of payment (card issuers and/or issuers of payment accounts), but if the said entity does not authorise the payment, the purchase procedure initiated may not be continued, the order being automatically cancelled, and it is understood that the purchase and sale of the ordered Product or Products has not been carried out.
The debit from the price of the Products, the costs of the delivery service, if any, as well as any applicable taxes, will only be made at the time of placing the order.
To carry out electronic payments, SAFE CARE S.L. has installed an electronic commerce payment gateway provided on the part of banking entities authorized for the purpose. All the data that SAFE CARE S.L. is provided with for these purposes are duly encrypted to ensure the maximum security and confidentiality of the latter, such data being hosted on a secure server certified in accordance with the Secure Socket Layer (SSL) protocol.
CONDITIONS FOR DELIVERY OF PRODUCTS
Products purchased through the SAFE CARE S.L. Web Site will be sent to the postal address shown on the order form, which may not correspond to a post office box or public places, such as public streets, squares, stations, airports or other similar places.
If you request home delivery for your order, the delivery will be carried out, in general, during a period of ten (10) natural days following the date of the email sent by SAFE CARE S.L., where the Customer is informed that their order is on the way, except for reasons of force majeure. The delivery note will be sent together with the Product or Products.
RIGHT OF WITHDRAWAL OF ORDERS
The User has the right to withdraw from the purchase made through the Web Site, and therefore, if they are not satisfied, they may return the Product within a maximum period of fourteen (14) calendar days from the time they acquired possession of the product/s or from the formalisation of the contract in the case of contracting services.
SAFE CARE S.L. will check the suitability of the returned Product in its warehouse, reserving the right not to make a refund if it detects that the acquired Product does not coincide with the returned one, or if the return has not been carried out in accordance with these Conditions of Sale.
Partial returns of an order will give rise to refunds of the price and partial shipping costs. Delivery charges will be refunded in proportion to the value of the returned product.
Safe Sea will manage the order for the return of the price and the delivery costs through the same payment system used by the Customer for the purchase of the Products. This will be carried out within forty-eight (48) hours of the returned order’s confirmation of arrival at the warehouse.
The implementation of the return of the price and delivery costs in the Customer’s account or card will depend on the card and the issuing entity.
The period of implementation for the price refund will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.
The Customer shall return the products subject to withdrawal without any undue delay and in any case no later than 14 calendar days from the date on which they communicate their decision of withdrawal.
The refund of the amount corresponding to the withdrawal will be made within 14 calendar days of the date on which the decision to withdraw from the contract was effectively and unequivocally communicated, and provided that the goods or products subject to withdrawal have been previously received, otherwise, the refund may be retained until receipt of such goods or until the Customer accredits the return of the goods.
The following cases are excluded from the right of withdrawal:
- The provision of services, once the service has been fully carried out.
- The supply of goods or services prepared according to the Customer’s specifications or which are clearly personalized.
- The supply of sealed goods which are not suitable for return for reasons of health and safety or hygiene and which were unsealed after delivery.
- The supply of sound recordings or sealed videos or computer programs that were unsealed by the Customer after delivery.
- The supply of digital content (that is not provided in a material support) when the execution of such supply has already begun. The Customer expressly knows that once the digital download has started, they will lose the right of withdrawal.
- Any other goods or services covered by Art. 103 of Royal Decree Law 1/2007, of 16 November.
The Customer shall be liable for any reduction in the value of the goods resulting from the manipulation of the same other than that necessary to establish their nature, characteristics or functioning. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products are returned in their original packaging along with the invoice. In the event that they are returned without such original packaging or damaged, the amount paid to the Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
When the Product or Products purchased show a lack of conformity because they do not correspond to the characteristics offered, show defects that prevent their normal use in accordance with their nature, or do not offer the services described for them, the Customer will have the right to the repair of the acquired property within a year of purchase and under the conditions and means of proof regulated in the Consolidated Draft of the General Law for the Protection of Consumers and Users, without prejudice to the faculties of the Point of Sale to verify the veracity of the defects, their origin and the time of their appearance.
In any case, addressing themselves to the Point of Sale, the Customer must request the collection of the product within a maximum period of two months from the discovery of the defect, and must state the nature of the problem, the time and conditions of its occurrence.
CUSTOMER SERVICE AND AFTER-SALES SERVICE
Any query, suggestion, complaint or claim related to the online sale of Products can be made through our Customer Service:
- E-mail: firstname.lastname@example.org
- : 93 218 29 54
THE PROCESSING OF PERSONAL DATA
All information provided during the contracting process will be stored by SAFE CARE S.L. in its capacity as entity in charge and manager of the Web Site. SAFE CARE S.L. is also in charge of processing the order data on behalf of the Point of Sale, which for all intents and purposes will be the Data Controller with regard to the personal data of Customers who have actually made purchases.
The data collected will be made available to the transport and logistics company responsible for carrying out the delivery of the item purchased through the website www.safesea.es, as well as any other operator involved in the purchase and/or delivery process, for the purposes of fulfilling the contract or contracts with the customer and the relations derived from them. In any case, before communicating the Customer’s personal data to any third party, this must be previously expressly accepted by the Customer.
These conditions were set out in good time, in accordance with current legislation. Likewise, SAFE CARE S.L. makes these General Conditions available to you, so that they may be stored and reproduced, thus complying with the legal duty of prior information.
SAFE CARE S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site, its functionalities and/or the contents incorporated therein. You acknowledge and expressly accept that at any time SAFE CARE S.L. may interrupt, deactivate and/or cancel access and/or use of the Web Site, without SAFE CARE S.L. being liable for this.
In the event that any provision or provisions of these General Conditions should be deemed null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or derogation shall not affect the remaining provisions. In such a case, the clause or clauses affected shall be replaced by one or more clauses whose effects are as close as possible to those of the replaced clauses.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
The parties expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish law.
The parties expressly submit to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the buyer or to those of the place of fulfilment of the contractual obligation for any questions or divergences that may arise by reason of the interpretation, fulfilment and execution of this contract.
If you wish to make a complaint about the use of our services, you can contact us by post at the e-mail or physical address shown in the “Identification” section, and we will at all times undertake to seek an amicable solution to the dispute.