General terms of sale
For any questions, complaints or suggestions, you can contact our Customer Service office via email at firstname.lastname@example.org
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on information society services and electronic commerce, we provide the information below:
Owner: RB BERTOMEU, S.L. (hereinafter RB BERTOMEU)
Registered office: Polígono Industrial “Fondo de Llitera”. C/Ramaders, Parcela 82-83. 22520 Fraga (Huesca) SPAIN
Tax Id.: B25353863
Registration data: Registered in the Lleida Mercantile Registry, volume 379, sheet 7, page number L-7.081.
1.- General conditions of sale
RB BERTOMEU reserves, at any time, the right to unilaterally modify, without prior notice the website presentation and configuration.
1.1 These General Conditions have been prepared in accordance with the provisions of Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 which regulates the telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and any legal provisions resulting of application.
1.2 By using the RB BERTOMEU website, you acquire the status of User. Both the visit, the use and/or the acquisition of any of the products of the website, imply the acceptance as User, without reservations of any kind, to each and every one of the General Conditions, as well as the Particular Conditions that, in their case, govern the acquisition.
1.3 RB BERTOMEU pmay, at any time and without prior notice, modify these General Conditions, by publishing said modifications on the website so that they can be known by Users always before visiting the website or acquiring any goods offered on the company through the online store.
2.- Products offered. Purchasing system
2.1 The products offered on the website, together with their characteristics and prices will appear on the screen.
In the event that the shipping costs are borne by the buyer, it will be expressly indicated. In cases where postage is already included in the sale price, it will also be expressly indicated. These products will be available for sale while stocks last. The prices indicated on the screen are in euros and include VAT for destinations in the European Union and exclude them for the rest of the world, except for typing error.
The offers will be duly indicated on the screen. RB BERTOMEU reserves the right to decide, at any time, the products offered through the website. In this way, RB BERTOMEU may at any time add new products to those included in the website, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Likewise, RB BERTOMEU reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the website.
2.2. For the acquisition of the products offered on the website, RB BERTOMEU will request delivery and billing data from Users. Such data will include name, full address, contact telephone number, email and observations on delivery, and will remain in the possession of RB BERTOMEU and may be used to communicate to users who have made purchases, offers and communications that RB BERTOMEU deems appropriate. The User can request the cancellation of the list of communications by email email@example.com
2.3 In order to place orders, RB BERTOMEU users must be at least eighteen (18) years old. The purchase process will be carried out through the electronic purchase system according to the screen indications, adding the product you want in the Shopping Cart, subsequently completing the order form supplied and sending it to RB BERTOMEU, which implies the reading and acceptance of all these General Conditions, as well as where appropriate the existing Particular Conditions.
2.4 Once the purchase has been made and in the shortest possible time, always before twenty-four (24) working hours have elapsed since the execution of the purchase, the Customer Service Department of RB BERTOMEU will send the User by email the order confirmation. The order confirmation sent by RB BERTOMEU will not be valid as an invoice or as a processing certification, only as proof of the correct receipt of the same. In the event that RB BERTOMEU is unable to supply any of the products requested, the Customer Service department will contact the User to take the resolution measures that best suit the User.
3.- Method of payment, delivery and withdrawal of orders
3.1 The payment of the price of the goods purchased and the shipping costs, which will appear on the screen, can be made by bank transfer or by credit card.
3.2 RB BERTOMEU undertakes to deliver the goods purchased by the User, at the address of the buyer indicated for this purpose in the order form (no products will be delivered to post office boxes, or call centers).
3.3. The User-Buyer will have a period of seven (7) business days to resolve the sale without incurring a penalty. The shipping and return costs of the product will be borne by the User, except that the cause of the resolution is the receipt of the products in poor condition, broken or deteriorated, in which case the collection and shipping costs will be borne by RB BERTOMEU.
Returns will not be accepted if the product has been opened or the warranty seal has been broken.
The period of seven days established in the previous paragraph will be computed from the receipt by the buyer of the purchased goods.
Returns of orders must be previously communicated to the Customer Service department at the email firstname.lastname@example.org. Exercised by the buyer the right of resolution, and once received the products returned at the facilities of RB BERTOMEU, it will return the amounts received by payment, except for shipping and return costs if applicable, immediately and never within a period exceeding ten (10) days.
4.- Personal data protection policy
4.1 For the purposes of the provisions of General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as well as Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, RB BERTOMEU informs the User of the existence of an automated file of personal data created with the data obtained in the Portal by and for RB BERTOMEU, and under its responsibility, for the purposes of information and marketing of the products offered on the Portal, as well as the realization of promotional and advertising activities that may be of interest to you, to expand and improve our Products by adapting our offers to your preferences or needs and to allow personalized navigation.
4.2 The user expressly accepts the inclusion of the data collected while browsing the website, or provided by completing any form, as well as those derived from the commercial relationship and / or delivery of the products purchased, in the automated file of personal data referred to in the first section. During the data collection process, the User will be informed of the mandatory or non-mandatory nature of the collection of such data for the delivery of the Products, except for the realization of orders in which case RB BERTOMEU informs the User from this moment that it will not be considered voluntary, so it will be necessary to include it for the formalization of the purchase order, provide the data related to the identity and address, as these data are necessary for the formalization and conclusion of the sale.
4.3 The User may exercise, with respect to the data collected in the manner provided for in the previous section, the rights recognized in the General Regulation (EU) 2016/679 and in Organic Law 3/2018, and in particular the rights of access, rectification or cancellation of data, opposition, portability, forgetting or deletion and limitation of treatment if appropriate, as well as the revocation of consent for the transfer of your data. The rights referred to in the previous paragraph may be exercised by the User, by means of a written and signed request addressed to the following address: RB BERTOMEU, S.L., Pol. Ind Fondo de Llitera, C/Ramaders, Parcela 82-83. 22520 Fraga (Huesca) Spain, or by sending an email to email@example.com
4.4 RB BERTOMEU undertakes, in the use of the data, to respect their confidentiality and to use them in accordance with their purpose, as well as to comply with its obligation to keep them and to adopt all measures to avoid alteration, loss, treatment or unauthorized access.
5.- Intellectual and industrial property. Hyperlinks
5.1 All the contents displayed on the Portal and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible to industrial and commercial use are subject to intellectual and industrial property rights of RB BERTOMEU, are registered under Creative Commons license or are of third party owners, who have duly authorized their inclusion in the website.
5.2 In no case shall it be understood that any license is granted or waiver, transmission, total or partial assignment of said rights is made, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication on said contents without the prior express authorization of RB BERTOMEU or the corresponding owners.
5.3 RB BERTOMEU authorises the partial reproduction of its contents on third-party websites under the following conditions:
1.– The mention of the partial content will always be accompanied by a hyperlink to the URL where the total and original content mentioned is located, within the RB BERTOMEU website.
2.– Next to the partial reproduction and hyperlink, the authorship of this will be indicated, naming RB BERTOMEU or www.rbbertomeu.es.
3.– The use of these partial reproductions CAN NEVER BE USED FOR THEIR OWN COMMERCIAL BENEFIT without the express authorization of RB BERTOMEU.
RB BERTOMEU will pursue and act against all the reproduction of its contents that do not comply with these conditions, and for this purpose it may use all electronic and digital means that legally exist, such as digital watermarks or IP markups.
6.- Responsibility of RB BERTOMEU
6.1 RB BERTOMEU will only be liable for the damages that the User may suffer as a result of the use of the website when said damages are attributable to a fraudulent action. The User acknowledges and accepts that the use of the website, as well as the acquisition of the products is carried out at his entire risk and his entire responsibility.
6.2 RB BERTOMEU is not responsible for any damages that may arise from, but not limited to:
- 1. Inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the Users, motivated by causes beyond the control of RB BERTOMEU, which prevent or delay the realization of orders or navigation through the website;
- 2. Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;
- 3. That may be caused by third parties through illegitimate interference beyond the control of the Portal and that are not attributable to RB BERTOMEU;
- D4. Of the impossibility of giving the Service or allowing access for reasons not attributable to RB BERTOMEU, due to the User, third parties, or cases of force majeure.
6.3 RB BERTOMEU does not control, in general, the use that Users make of the Service..
In particular, RB BERTOMEU does not guarantee under any circumstances that Users use the Service in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently.
7.- Obligations of the user
7.1 In general, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or in the Portal and always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service he enjoys, refraining from using the Portal in any way that may prevent, damage or deteriorate the normal functioning of the same, the goods or rights of RB BERTOMEU, its suppliers, the rest of Users or in general of any third party.
7.2 Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the website, as well as in the acquisition of the Products to:
- In the case of making a purchase, the User undertakes to truthfully provide the requested data.
- Not to introduce, store or disseminate in or from the Portal, any information or material that was defamatory, libelous, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of third parties and in general the current regulations.
- Not to introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the Portal, any of the Services, or any of the equipment, systems or networks of RB BERTOMEU, of any User, of the suppliers of RB BERTOMEU or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing the normal functioning of the same.
- Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.
- Not to use false identities, or impersonate the identity of others in the use of the Portal or in the use or acquisition of any of the Products, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of RB BERTOMEU, its suppliers or third parties.
- Not to introduce, store or disseminate through the Portal any content that infringes intellectual or industrial property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
For the purposes of these General Conditions, and for any communication that is necessary between RB BERTOMEU and the User, they must contact the Customer Service by email or postal address mentioned above.
The communications of RB BERTOMEU to the User will be made according to the data provided by the latter when registering on the website.
9.- Applicable legislation. Arbitration
9.1 This contract will be governed by Spanish law, which will be applicable in what is not provided in this contract in terms of interpretation, validity and execution.
9.2 In the event of any discrepancy or claim between the parties in relation to the compliance or content of these General Conditions, the parties shall negotiate in good faith to attempt to resolve such discrepancy or claim within a maximum period of one (1) month from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, both parties expressly submit, and waiving their own jurisdiction, if this is another, to the decision of the matter or litigation raised, to the Courts and Tribunals of the city of Lleida, Spain.