1. OBLIGATIONS PRIOR TO THE BEGINNING OF THE AGREEMENT PROCEDURE
This document establishes the general agreement conditions for the sale of products and services (per 'General Agreement Conditions') by EDITORIAL BARCINO, SA (hereinafter, 'the PUBLISHER') via the website www.editorialbarcino.cat (also called the 'website' or 'webpage').
Please note that the PUBLISHER has developed the Conditions and Policies following, in particular, the implementation rules under (i) Law 34/2002, of 11 July on E-Commerce and Information Society Services (ECISSA), (ii) European Regulation 679/2016 on the Protection of Personal Data, (iii) Organic Law 3/2018, of 5 December, on the Personal Data Protection and the Guarantee of Digital Rights, (iv) Royal Legislative Decree 1/2007, of 16 November, on The Revised Text of the General Law for the Protection of Consumer and Users and Other Complementary Laws and V) a Law 7/1998, of 13 April, on General Contract Conditions.
However, the conditions and policies may be modified at any time. The BUYER has the responsibility to review them periodically, especially each time they contract products and services. The conditions and policies in force at the time of using the WEBSITE for the completion of the agreement (as defined below) will be those resulting from an application thereof.
2. IDENTIFICATION OF THE CONTRACTING PARTIES
On the one hand, EDITORIAL BARCINO, SA, with a registered address at Via Augusta 252-260, 5th floor, 08009, Barcelona (Barcelona).
Any customer is understood to be a natural person over the age of 18, who can benefit from the products and services the PUBLISHER offers.
3. PURPOSE AND NATURE OF THE AGREEMENT
The activity of the website owned by the PUBLISHER consists of offering and selling books and other related products to the CUSTOMER. The marketing of products and services through the website is exclusively for end consumers, following the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter, the 'TRLGDCU').
In this sense, it is absolutely forbidden to resell products and/or services offered by the PUBLISHER acquired through the website; and it is explicitly stated that the CUSTOMER’s purchase of products and/or services is intended for the consumer and the user.
Following the above, the agreement's purpose will be to regulate the commercial relations that arise between the CUSTOMER who contracts the products and/or services offered by the PUBLISHER through the website.
Likewise, the General Agreement Conditions expressly fall under the part of the agreement, explicitly informing the Customer of its existence and of which an example will be provided.
4. PURCHASING SYSTEM
4.1 The products
The PUBLISHER offers a wide range of physical books, as well as other products according to the details of the virtual catalogue provided on the WEBSITE.
The PUBLISHER seeks to clearly identify the images of the products available on the WEBSITE without being responsible for how the BUYER may interpret them. The latter must keep in mind that the WEBSITE clearly describes the image and the name of the requested product.
If the CUSTOMER has any questions, suggestions, or any other questions regarding the products, they can contact the Customer Service department, as indicated in the ninth section.
4.2 Marketing of products by third parties
The products offered by the PUBLISHER do not include downloadable electronic books nor e-books. However, the PUBLISHER may enable links so that the CUSTOMER may purchase e-books through third parties authorized by the PUBLISHER.
In this case, the PUBLISHER will not assume any responsibility for the electronic downloads through third parties, or the actions and/or contents incorporated on the latter’s website. In this regard, we recommend reviewing the third parties' terms, policies and other conditions of use.
4.3 Prices and fees applicable to the product
The PUBLISHER indicates in each of the product descriptions the price expressed in euros. The prices that appear next to the product description are final prices that include value-added tax (VAT).
Following the provisions on value-added tax of article 68 of Law 37/1992, of 28 December, it will be understood that the article delivery is located in the territory of application of the Spanish VAT. The applicable VAT rate will be legally valid at all times according to this article.
The listings of each product accessed by the CUSTOMER include product prices.
The price of the products is valid at the time of purchase, once the cart has been accepted and the product has been paid for. However, the prices and promotions applicable to the purchase of products made through the WEBSITE are only applicable to the products offered through the WEBSITE.
Notwithstanding the foregoing, the PUBLISHER may revise and change prices at any time and without prior notice. In that regard, the acceptance of the purchase determines the acceptance of the prices, so that even if the price changes at a later time, no economic differences can be claimed.
4.4 Product invoice and purchase confirmation
The PUBLISHER guarantees the total security of the payment transaction to the CUSTOMER, in addition to having the latest technological standards in terms of payment security protocols and services.
It is expressly given that the PUBLISHER will send an e-mail to the CUSTOMER in which all the information relating to the order placed by the CUSTOMER will be collected, including the total price and the postal address provided by the CUSTOMER, to where the delivery will be made once the order is done.
Regarding the payment form for products purchased through the WEBSITE, the following alternative is offered:
a) Virtual POS: the payment is done by VISA or Mastercard credit card through the payment gateway using the SSL security protocol of the bank Bankia.
The PUBLISHER will consider the purchase of the products to be effective once the confirmation has been received from the bank.
If the product purchase process is interrupted for any reason or if it does not meet the required amount (including transaction fees and bank charges), the PUBLISHER will suspend the purchase process of the product and inform the CUSTOMER.
4.5 Product delivery
4.5.1 Product availability
All product orders are subject to availability. Therefore, if there are difficulties in supplying the products or items in stock, the PUBLISHER will contact the CUSTOMER to inform them of the new delivery time. In which case, the CUSTOMER may keep the order or instead request a refund of the amount paid.
If an order includes several products and some are not in stock, the PUBLISHER will contact the CUSTOMER to agree on the shipment of the order in either a single or in a separate shipment.
4.5.2 Product delivery terms
Regardless of the previous clause concerning the product's availability and unless there are circumstances of extraordinary shortage and/or force majeure (in conformity with what will be described below), the PUBLISHER commits to delivering the customer's orders at their home within a maximum of thirty (30) calendar days from the product's purchase.
If there has been a stock outage, holiday or any circumstance for which the order should be delayed for a reasonable time beyond the chosen delivery time, the PUBLISHER will consider contacting the CUSTOMER to inform them of this situation.
However, the PUBLISHER will not assume any type of responsibility for the delay in the order delivery for reasons attributable to the CUSTOMER (including delivery attempts), for reasons attributable to CORREOS and/or the transport company used, neither for reasons of force majeure.
The CUSTOMER, once the order has been placed, will receive an e-mail with a summary of the order placed and the correctly made payment.
4.5.3 Home delivery conditions
The PUBLISHER guarantees the CUSTOMER, in any case, the reception of the products in terms of quality.
Shipments will be made through CORREOS as well as through the private transport company IDYCA; the delivery costs will be indicated at the time of purchase.
At the time of delivery, the CUSTOMER must sign the authorization to confirm the order as received and accepted.
4.5.4 Home delivery expenses
Shipping costs will vary depending on weight, distance and shipping type. They will be clearly indicated at the time of purchase.
4.6 Cancelation of product purchase
The PUBLISHER reserves the right to remove any product from the WEBSITE at any time and to pay for or modify any material or content.
Likewise, the PUBLISHER commits to doing everything necessary to process orders without — except in exceptional circumstances — having to refuse to send the order, even after sending the confirmation.
Anyhow, the PUBLISHER will not be liable to the CUSTOMER, or any third party, for removing any product from the website, or for the cancellation of orders despite having sent a purchase confirmation; it will always be necessary though to inform the CUSTOMER.
4.7 Territorial scope of action
The territory in which the PUBLISHER will distribute its orders covers the entire territory of continental Europe as well as the British Isles and the United States of America.
If a customer is interested in receiving an article outside these territories, they should contact the PUBLISHER through the provided form or by sending a message to email@example.com. In this case, we will study your application and get back to you as soon as possible.
5. CONTRACTING PROCESS
Per article 23 of Law 34/2002, of 11 July, on E-Commerce and Information Society Services, contracts agreed by electronic means such as the present one will be fully effective and are anticipated by the legal system provided that the consent and the other requirements for its validity are met.
The current General Agreement Conditions are available free of charge to all of the PUBLISHER'S CUSTOMERS and will be made available to the CUSTOMER when they have placed the order; they then must expressly accept them.
The purchase will be considered DONE whenever the CUSTOMER presses the 'Confirm / Pay / Agree' button on the corresponding payment gateway; therefore, all stages of the electronic agreement procedure are considered to be understood. The inclusion of all the requested data is a clear and direct manifestation of the CUSTOMER'S final willingness to accept these General Agreement Conditions.
The PUBLISHER, as a service provider of the information society, will store the electronic document in which this agreement is formalized. This electronic document, as well as the generated purchase invoice, will be sent to the e-mail provided by the CUSTOMER during the purchase process.
Unless otherwise indicated, the language in which the contracting procedure and the formalization of this agreement will be processed is Spanish.
6. CANCELLATION RIGHT
According to article 102 of the TRLGDCU, the CUSTOMER may exercise his right of withdrawal within a period of a maximum of 14 calendar days from the time of receipt of the product.
Regarding the procedure for returning the Products as a result of the right of withdrawal: The Customer must inform the PUBLISHER of their wish to exercise their right of withdrawal and return of the products using the form designated for this purpose or by sending an email to firstname.lastname@example.org.
The CUSTOMER is obliged to send the products subject to return in the same condition in which they were delivered to them and without signs of handling, to the address provided once the return request is sent, no later than the natural period of 14 days from the date that communicates its withdrawal to the PUBLISHER.
If the PUBLISHER detects any type of manipulation or damage to the returned product, the PUBLISHER reserves the possibility to send the product to the CUSTOMER through re-reimbursement costs — the latter assuming the corresponding shipping costs.
— The CUSTOMER will assume the direct costs of returning the products, except in cases of error in sending the damaged order. In this case, the costs and/or return costs will be borne by the PUBLISHER provided that the return has been made following the return instructions given by the PUBLISHER.
— The PUBLISHER will refund the amount paid by the CUSTOMER in the purchase process using the payment method used by the CUSTOMER in the initial transaction, within a maximum period of 14 calendar days provided that the CUSTOMER informs the PUBLISHER of the decision to terminate the agreement.
Regardless of the foregoing, the PUBLISHER may withhold the return until having received the products that the BUYER has submitted for the product return under the conditions indicated above.
— If the customer has selected a less expensive delivery method, different from the ordinary delivery method, the PUBLISHER will not be obliged to reimburse any additional costs that may have arisen.
If the CUSTOMER receives any defective product or merchandise or has not received any of the requested products, the CUSTOMER must notify the PUBLISHER immediately through the means indicated in section nine.
The PUBLISHER will resolve the incident as soon as possible and, at its own expense, whenever the incident is attributable to the PUBLISHER. In this case, there will be no direct expense for the CUSTOMER.
8. FORCE MAJEURE
For the purposes of these General Agreement Conditions, force majeure is understood to be, among others, — in an enunciative manner — (i) events that are impossible to predict or that, if anticipated, would be unavoidable, (ii) damages caused by third parties unrelated to the PUBLISHER that affect the quality of the services provided by the latter and that are not attributable to it; (iii) incidents or labour disputes; (iv) epidemics or pandemics.
9. CUSTOMER SERVICE
The PUBLISHER provides the Customer with customer service, aiming to respond to any queries and complaints raised about the purchase of products. Also, this customer service will provide technical support for the processes of the Website.
The forms of contact are the following:
- Via e-mail: email@example.com
- Via any of the social media channels stated on the WEBSITE
- Via the following telephone number: 932 090 948
10. PARTIAL NULLITY
If any of these Agreement Conditions is declared void by a final decision of the judicial authority or any other competent authority, the remaining terms and conditions will remain in force, if they are affected by this declaration of nullity.
11. APPLICABLE AND COMPETENT JURISDICTION
These general agreement conditions are subject to Spanish law and to the judges and the address of the client's PUBLISHER, the selection of this is according to article 52 of Law 1/2000, of 7 January on Civil Proceedings. il.