GENERAL SALES CONDITIONS
1. SCOPE OF APPLICATION
The present General Conditions of Sale (hereinafter, the General Conditions) are applied to any purchase of goods or products (hereinafter, the Products) that are made in the present Web Site www.beter.es property of INDUSTRIAS BETER, S.A. with head office in C/ Aribau 200, 7th floor 08036-Barcelona, with NIF A- 08092512 and registered in the Mercantile Registry of Barcelona SHEET B-35804, VOLUME 4333, FOLIO 184, SECTION 2ª.
These General Conditions may be modified at any time, so it is recommended that, each time the Customer browses or will make a purchase of a Product through the Website, consult them again, since they will apply those that are in force at the time the purchase is made.
2.1. How to place an order?
In order to purchase any of the Products of INDUSTRIAS BETER, S.A., the Customer shall follow the following steps:
1.- The Customer will be able to register in the Web Site to be able to make the purchase of the Products, being able to wait to do it until the moment before the formalization of the payment, or to make the purchases in an express way as "Guest", not being obligatory the registration.
3.- To place an order, the Customer must select the Products he/she wants to buy, which will be added to the "shopping cart" of the Website. Once all the Products have been selected, if he/she wishes to continue with the operation, he/she must click on "confirm".
4.- The Customer shall provide the following data so that INDUSTRIAS BETER, S.A. can send the Products: name and surname, complete address, e-mail and contact telephone number. These data will be stored in INDUSTRIAS BETER, S.A. database and will only be visible to authorized personnel. In case the Client detects that there has been an error when introducing his personal data during his registration, he will be able to modify them by contacting the customer service through the telephone number 934533205 (from Monday to Thursday from 8:00 to 17:15 and Friday from 8:00 to 15: 00, during office hours), or the email address [email protected] If the Customer detects an error in the order after the completion of the payment process, you should immediately contact customer service, through the phone or email address mentioned above, to correct the error.
5.- If available, the Customer may enter discount codes or coupons to reduce the final price of the "shopping cart.
6.- Once the Customer has expressly accepted the General Conditions and has entered the data for shipment, the payment can be formalized.
2.2. Availability and responsibility
In case of unavailability of products after the order has been recorded, we undertake to inform you and indicate a new deadline within which you will receive it. In this case you will have the option to cancel your order and we will refund the amount you have paid within 15 days from the cancellation request or you can request the change of your order by contacting Customer Service.
INDUSTRIAS BETER, S.A. is not responsible for delays in the delivery of orders or in the impossibility of carrying them out when the cause is due to events of force majeure. Among other causes, force majeure events are understood as: accidents, strikes, fires, meteorological causes, natural disasters such as storms, earthquakes, epidemics and problems in the transport or telecommunication systems.
The responsibility of INDUSTRIAS BETER, S.A. in relation to any Product purchased on the Web Site shall be strictly limited to the purchase price of such Product.
3.1. Price of the Products
The prices of the Products on the Web Site are indicated in euros and include the taxes related to the sale of Products, among them, the Value Added Tax (VAT). INDUSTRIAS BETER, S.A. reserves the right to modify the price of the products and services offered through the Website. In order to guarantee to the Customer the certainty of the price of its Products, this will be the current price in the advertisement coinciding with the moment of the order formalization.
The price of the Products does not include the shipping cost of these, which will appear broken down before formalizing the payment.
The Customer has the following means of payment when purchasing Products on the Website:
- Debit/credit card: for payment by debit/credit card, the Customer must follow the instructions that appear on the sale screen, providing the number and type of card, identification code and holder. INDUSTRIAS BETER, S.A. uses the platform of Banco Sabadell which incorporates the security standard SSL, so that the confidential data of the debit/credit card are transmitted in encrypted form to the bank's server, without registering in the server of INDUSTRIAS BETER, S.A.
- Bank transfer: the cost of the order must be paid through a bank transfer to the account number specified in the payment page (Banc Sabadell, ES69 0081 5029 1100 0190 7099). Once INDUSTRIAS BETER, S.A. receives the amount of the order, it starts the order and sends you a confirmation email to the indicated address.
- Paypal: you can formalize the payment through your Paypal account to place the order. If you choose this payment method, you will be redirected to the Paypal page to log in with your username and password.
The purchase of the Products is made through the "BUY" button on the Website and once the General Conditions have been expressly accepted.
3.3. Value Added Tax and Billing
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories. In most cases, the taxes are collected at the time of delivery of the package, although you may receive a notification by mail asking you to go personally to pay these fees in order to receive your package. The amount of the fees may vary depending on the weight/amount of the package. In the case of shipments to the Canary Islands, Ceuta and Melilla, BETER includes in the shipping cost the export SAD, upon delivery of the product, the recipient must pay the Import SAD and IGIC.
Likewise, INDUSTRIAS BETER, S.A. will send to the Customer, within a maximum period of 48 hours, a confirmation of the order placed with all its terms to the e-mail address indicated by the Customer.
The Customer will receive, together with the Products, the paper delivery note of the order. If an electronic invoice is required, this must be indicated at the time of placing the order.
4.1. Delivery Time
For the purposes of these General Conditions, "delivery" or the Products shall be deemed to have occurred or to have been "delivered" at the moment at which the Customer or a third party indicated by the Customer acquires material possession of the Products.
· Shipments to mainland Spain and the Balearic Islands take approximately 72 hours once payment is confirmed. In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as international orders may take more days depending on the distance from our warehouse, the delivery address of the order and the time it is made.
· International Shipments: from 9€, in this table you will find approximate prices for international shipments depending on weight and destination.
Shipping costs include in all cases the Value Added Tax (VAT), but no other tax, fee, duty or surcharge.
Delivery is understood as the delivery of the articles to the address specified by the customer during the order process, with the delivery areas being limited to those listed above.
BETER delivers the orders to the courier service within a maximum period of 72 hours in the Peninsula. We are not responsible for possible delivery delays caused by the courier service.
Deliveries are made by courier service. The company in charge to carry out these services to the requested address is General Logistics Systems Spain, S.A. ("GLS)".
If for any circumstance INDUSTRIAS BETER, S.A. could not meet the delivery date, it will be informed of this circumstance and will be offered the option to go ahead with the purchase establishing a new delivery date or to cancel the order with the refund of the price paid.
During the purchase process you will be informed of the shipping costs. The amounts will be as follows:
|Rest of tthe EU
|Ceuta and Melilla
INDUSTRIAS BETER, S.A. contains a large number of products and it is always possible that, despite its best efforts, some of the products included in the website have an incorrect price. Prices will always be checked as part of the shipping procedure and, in case of detecting that there is a typographical error in the price itself, INDUSTRIAS BETER, S.A. will contact the customer to communicate the error.
5. PRODUCT WARRANTY
5.1. Product Warranty
INDUSTRIAS BETER, S.A. Products are guaranteed for a period of 3 years, starting from their delivery, against any manufacturing, design or material defect. During the warranty period, INDUSTRIAS BETER, S.A. undertakes to exchange or refund the Products recognized as defective by its services, according to the provisions of article 118 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
If the product of your order does not correspond to what you expected, is defective or was not the one you had requested and you want to return it, you must follow the following steps:
1-Send us an email to [email protected] indicating in the subject if it is an exchange or return. Also you will have to indicate us if you prefer that Correos picks up the package at your home or if you want to take it to a post office. In both cases you must put the product in an envelope or box of at least 11x16 cm. This is so that there is space to place the Correos label. It is important that you return it in its original packaging and in perfect condition.
2-We will answer you as soon as possible:
If you want to deliver it to a post office: we will send you by mail the identification label and you will have to show it at the post office to receive the package.
If you want it to be picked up at your home: we will send you by mail the identification label of the shipment. We will also let you know the day of collection, it is only possible in the mornings. The Correos staff that will pick up your package will already have the identification label of your shipment, you don't need to print it.
3-In both cases INDUSTRIAS BETER, S.A. will take care of the collection of the goods at no cost to you.
If the product is defective or was not the one you had requested, we promise to exchange it for the corresponding product. In the event that it is not possible to change the product due to out of stock, we will refund the full amount of the product.
The warranty does not include:
- Damage to the Product resulting from normal wear and tear, taking into account its nature, function and composition; nor.
- All defects in the Product resulting from faulty installation, storage, conservation or assembly, faulty maintenance, incorrect use or use not in accordance with the technical specifications or use (non-observance of maintenance recommendations), modifications or repairs carried out by the Customer or a third party, damage caused by external objects, external events such as accidents, knocks, fires, acts of vandalism, damage caused by water, natural or artificial light (in the event of discoloration), natural disasters or adverse weather conditions.
5.2. Application of the warranty
To apply the warranty, the purchaser shall contact INDUSTRIAS BETER, S.A. customer service through the e-mail address [email protected] or by calling 934533205 (Monday to Thursday from 8:00 to 17:15 and Friday from 8:00 to 15:00, during office hours).
6. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase of a Product within 14 calendar days without giving any reason. This period shall start to run from the date on which the Customer acquired material possession of the Product. In the event that the goods making up the order are delivered separately, the period shall begin to run 14 calendar days from the day on which the Customer acquired material possession of the last of those Products.
For convenience, the following withdrawal form is provided:
To the attention of:
INDUSTRIAS BETER, S.A.
I hereby inform you that I withdraw from my contract for the following Product(s) with reference no.
Date of purchase
- If the shipping address is different from the buyer's address, you must fill in the following information:
Consumer's signature Date
The right of withdrawal cannot be invoked in the following cases:
a) The provision of services, once the service has been completely executed, when the execution has started, with prior express consent of the Customer and with the acknowledgement on his part that he is aware that, once the contract has been completely executed by INDUSTRIAS BETER, S.A., he will have lost his right of withdrawal.
b) The supply of Products or the provision of services whose price depends on the fluctuations of the financial market that INDUSTRIAS BETER, S.A. cannot control and that may occur during the withdrawal period.
c) The supply of Products made according to the Customer's specifications or clearly personalized.
d) The supply of Products that may deteriorate or expire quickly.
e) The supply of sealed Products which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
f) The supply of Products which after delivery and taking into account their nature have become inseparably mixed with other Products.
g) The supply of alcoholic beverages whose price has been agreed at the moment of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that INDUSTRIAS BETER, S.A. cannot control.
h) The contracts in which the Customer has specifically requested INDUSTRIAS BETER, S.A. to visit him/her to carry out urgent repair or maintenance operations; if, in that visit, INDUSTRIAS BETER, S.A. provides additional services to those specifically requested by the Customer or supplies Products different from the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must be applied to those additional services or Products.
i) The supply of sealed sound or video recordings or sealed software which have been unsealed by the Customer after delivery.
j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded by means of public auctions.
l) The supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content that is not provided on a tangible medium when the performance has begun with the prior express consent of the Customer with the knowledge on his part that he consequently loses his right of withdrawal.
Once the withdrawal has been made, INDUSTRIAS BETER, S.A. will refund the amount paid for the Products (including shipping costs) within a maximum period of 14 calendar days, from the date on which the decision of withdrawal of the contract has been received by the Customer, and through the same means of payment with which the purchase was made. However, the shipping costs for the return of the Products shall be borne by the Customer.
No amount will be refunded in the event that the Product has been used or has suffered any damage, so it must be returned in the same condition in which it was delivered, including all instructions, documents and packaging of the Product. This shall be without prejudice to the Client's right to open and unpack the Product for the purpose of testing, analyzing and evaluating the Product in order to make a decision on its final purchase.
In the event of loss, destruction or any other cause that prevents the return of the order for reasons attributable to the Customer, the Customer shall be liable for the market value that would have had the service at the time of exercising the right of withdrawal, unless the said value is higher than the purchase price, in which case the Customer shall be liable for the latter.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
All the contents shown on the Web Site and, in particular, designs, texts, graphics, images, databases, software, sounds, trademarks, logos or any other signs susceptible of industrial and commercial use, are subject to the intellectual and industrial property rights of INDUSTRIAS BETER, S.A., or of third parties to whom its use has been duly authorized.
In no case the access to the Web Site and/or its use implies any kind of waiver, transmission, license or total or partial transfer of such rights, nor any right or expectation is conferred and, in particular, of alteration, exploitation, reproduction, distribution or public communication of such contents, without the previous express authorization of INDUSTRIAS BETER, S.A. or of the corresponding owners.
No link may be established to the Web Site from any other Web Site without the previous and express consent of INDUSTRIAS BETER, S.A.
The Web Site, the information published, as well as the contract or Customer registration form, will be written in Spanish, English and Portuguese, the language chosen by the Customer..
9. ONLINE CONFLICT RESOLUTION
In compliance with the provisions of Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, in the event that the buyer has the status of consumer, we inform you of the existence of an online out-of-court dispute resolution platform made available by the European Commission through which consumers may submit their claims:
10. APPLICABLE LAW, JURISDICTION AND VENUEEY
These General Conditions shall be governed by Spanish law. Any controversy that could arise from the application or interpretation of the present General Conditions will be solved before the jurisdiction of the Courts and Tribunals of the city of (Barcelona), with resignation of any other jurisdiction that could be applicable. However, if the buyer is a consumer, any dispute that may arise between INDUSTRIAS BETER, S.A. and the Customer shall be resolved before the jurisdiction of the Courts and Tribunals of the Customer's domicile or of the place of fulfilment of the obligation.
11. DATA PROTECTION
In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, the personal data provided by reason of the use of the Website will be included in a database for which INDUSTRIAS BETER, S.A. is responsible, and which complies with the technical and organizational measures with the purpose of protecting such data.