GENERAL CONDITIONS
1. General contracting conditions. Prior information to contracting.
These general conditions of sale apply to all products (regardless of their characteristics and format) offered on our website www.mercapool.com (hereinafter the "PRODUCTS") owned by VECOBAY, S.L. (hereinafter, the "COMPANY"), with Tax ID B04918603 and address at Urbanización Villa María 169 CP 04008 Almería, Spain; registered at the Commercial Registry of Almería, volume 2040, folio 21, sheet AL 51526, DATE 10/12/2019. Phone: (+34) 645 493 503 Email: info@mercapool.com
1.1. These general contracting conditions, together with, where applicable, the specific conditions that may be established, shall expressly govern the relationships arising between the COMPANY and third parties (hereinafter "USERS") who purchase the products offered through the store.
1.2. These general conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 governing telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, Law 26/1984 General for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 governing Electronic Signatures and any other applicable legal provisions.
1.3. The use and/or acquisition of any of the store's products constitutes acceptance as a USER, without reservation of any kind, of each and every one of the general contracting conditions, the general conditions of use of the portal, as well as, where applicable, the specific conditions governing the acquisition.
1.4. The COMPANY informs users that the procedures for making acquisitions of goods are those described in these general conditions, as well as those specifically indicated on screen during navigation, so that the USER declares to know and accept these procedures as necessary to access the products and services offered on the portal.
1.5. Any query or incident related to the contracting or acquisition of products can be directed to the COMPANY through the following contact channels: by telephone (+34) 645 493 503, by email at info@mercapool.com or via the contact form on the website.
2. Products offered and purchasing systems.
2.1. The Products offered in the store, together with the main characteristics of each of them, are displayed on screen. The COMPANY reserves the right to decide, at any time, which Products are offered to USERS through the store. In this way, the COMPANY may, at any time, add new Products to those currently offered in the store. Likewise, the COMPANY reserves the right to withdraw or cease to offer, at any time and without prior notice, any of the Products offered in the store.
2.2. The images displayed in the store are intended as a guide only and may not exactly match the product delivered. The products supplied are those described in the title and description fields, and the image is merely illustrative.
2.3. Once inside the store and to purchase any of the Products, the USER will have to follow all the instructions indicated during the purchase process, which will imply reading and accepting all the general and specific conditions set forth in this portal.
2.4. The prices of the products displayed in the store include VAT (Value Added Tax) applicable at the time, unless otherwise indicated. These prices may be modified at any time; however, the price applicable to each purchase will be the one in effect at the time the order is placed.
2.5. The total price of the order will include, in addition to the price of the products, the shipping costs and any applicable taxes. This total price will be detailed before the USER confirms the purchase.
3. Payment method and delivery.
Payment for the products and shipping costs can be made through the payment methods indicated in the store. The COMPANY uses secure payment systems from leading financial institutions. For security reasons, the COMPANY's payment system may reject transactions made with certain cards or payment methods at its discretion.
3.1. Products will be delivered to the delivery address indicated by the USER when placing the order. The COMPANY will not be responsible for errors caused in the delivery when the data provided by the USER is incorrect or incomplete.
3.2. Delivery times may vary depending on the availability of the product and the delivery address. The COMPANY will inform the USER of the estimated delivery time for each product at the time of purchase.
3.3. The risk associated with the products is transferred to the USER from the moment of delivery of the products to the carrier.
4. Warranties.
The COMPANY warrants its products, under the legally established terms, for a period of two years from the date of delivery. For USERS who are legal entities (non-consumers), the warranty period will be one year from the date of delivery.
4.1. In the event of any defect or non-conformity, the USER must inform the COMPANY within two months of becoming aware of it, through the contact channels indicated in clause 1.5.
4.2. This warranty does not cover defects or damage caused by misuse, negligence, modification, unsuitable use or wear and tear.
5. Right of withdrawal.
The period for the USER to withdraw from the purchase contract is 14 calendar days from receipt of the product, without the need to justify the decision and without incurring any penalty.
5.1. To exercise the right of withdrawal, the USER must inform the COMPANY of their decision through an unequivocal statement (for example, a letter sent by post, fax or email). The USER may use the withdrawal form available on the website, although its use is not mandatory.
5.2. In the event of withdrawal, the COMPANY will reimburse all payments received from the USER, including delivery costs (with the exception of additional costs resulting from choosing a delivery method other than the least expensive standard delivery offered by the COMPANY), without undue delay and in any event no later than 14 calendar days from the date on which the COMPANY is informed of the decision to withdraw.
5.3. The USER must return or hand over the products directly to the COMPANY without undue delay and in any event no later than 14 calendar days from the date on which the USER communicates their decision to withdraw. The deadline is considered met if the USER returns the goods before that period has expired. The return shipping costs shall be borne by the USER.
4. Return policy.
The USER has 14 calendar days to return a product if it is defective or does not match the description. Returns due to change of mind are subject to the withdrawal right described in clause 5. To manage a return, the USER must contact the COMPANY through the channels indicated in clause 1.5.
5. Incidents.
For any query or incident related to your purchase, you can contact the COMPANY through the following channels: by telephone (+34) 645 493 503, by email at info@mercapool.com or via the contact form on the website.
6. Liabilities
The COMPANY shall not be liable for damages that may arise from interruptions, failures, omissions, telephone failures, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies or overloads of telephone lines, data centres, the internet system or other electronic systems, produced during the course of its operation, or for intrusions through illegitimate programs into the system.
The COMPANY shall also not be liable for damages that may be caused by third parties through illegitimate intrusions outside its control, for events of force majeure or for any other consequence that derives from reasons beyond its control.
7. Personal data.
The personal data provided to the COMPANY will be used to fulfil the contractual relationship established with the USER, as well as to send commercial communications about our products and services, provided that the USER has given their consent. The COMPANY undertakes to treat the data confidentially and in accordance with current data protection regulations. The USER may exercise their rights of access, rectification, cancellation and opposition by writing to the address indicated in clause 1.
8. Applicable legislation
These general conditions are governed by Spanish law. For the resolution of any dispute arising from these conditions, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Almería, expressly waiving any other jurisdiction that may apply, to the extent permitted by law.
9. Online dispute resolution
In accordance with EU Regulation No 524/2013 on online dispute resolution for consumer disputes, we inform you that the European Commission provides an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr/. Consumers may use this platform to resolve disputes arising from online purchases.