General purchase terms and conditions

1. IDENTIFICATION OF THE HOLDER IN ACCORDANCE WITH LAW 34/2002

Register of Barcelona, VOLUME: 6,076, in BOOK: 5,368, SECTION: 2, SHEET: 41, PAGE: 71,137, ENTRY: 1. EDUCA BORRAS, S.A.U. owns and runs the official on‐line sales website for the sale of EDUCA BORRAS, S.A.U. products to users and non-merchant customers. The GENERAL PURCHASE TERMS AND CONDITIONS can be printed and saved by Users by clicking the following link ‘GENERAL PURCHASE TERMS AND CONDITIONS’.

2. SCOPE OF APPLICATION. ACCEPTANCE OF THE GENERAL PURCHASE TERMS AND CONDITIONS

Las presentes Condiciones generales establecen las condiciones para la realización de pedidos, el pago y la entrega de los productos solicitados, así como la gestión de respuestas potenciales sobre los mismos.

La realización de un pedido de compra efectuado por el CLIENTE en la web www.educaborras.com implica por su parte el conocimiento y la plena aceptación de las presentes CONDICIONES GENERALES DE COMPRA y de nuestra POLITICA DE PRIVACIDAD.

El idioma en el que se contratará a través de esta Web es en castellano, catalán, inglés, francés y portugués.

3. SUS DATOS Y SUS VISITAS A ESTA PÁGINA WEB

These terms and conditions set out the terms for making orders, payment and delivery of the requested products, as well as for managing potential questions about them. Where the CUSTOMER makes an order on the www.educaborras.com website, this implies s/he is aware of and fully accepts these GENERAL PURCHASE TERMS AND CONDITIONS and our PRIVACY POLICY. The contracting languages on this website are Spanish, Catalan, English, French and Portuguese.

3. YOUR INFORMATION AND VISITS TO THIS WEBSITE

The personal information and data you provide shall be processed in accordance with what is set out in the Privacy Policy.

EDUCA BORRAS, S.A.U. makes the technical supports available to users to identify and correct errors when entering information into the forms. The basket and forms in general shall automatically validate that the information format is correct and provide users with the option to make corrections.

When using this website, you consent to said information and data being processed, and state that all the information and data provided are truthful and correspond to reality.

In addition to EDUCA BORRAS, S.A.U., all commercial entities of the Group of companies belonging to EDUCA BORRAS, S.A.U. may be recipients of the information provided by customers.

4. USING OUR WEBSITE

The pages on this website are open and free to access by the general public. Users shall use the website in accordance with the law, decency, morals and public order. In this way, the website owner shall not accept any liability for poor, incorrect, improper or illegal use of the website and/or its content. Nor shall it accept any liability for connection or virus problems that may occur as a consequence to the intrinsic risks of connecting and browsing over the internet. Users voluntarily access this website. Access to and browsing of this website involves accepting and being aware of the legal notices, terms and conditions of use contained thereon. Mere access does not imply the establishment of any type of commercial relationship between EDUCA BORRAS, S.A.U. and users.

EDUCA BORRAS, S.A.U. reserves the right to modify the access terms and content of the website where it deems this appropriate and without prior warning.

By using this website and making orders thereon, you undertake to: Solely use it to make queries and legally valid orders. Not make any false or fraudulent order. If it can reasonably be deemed that an order of this type has been made, we shall be authorised to cancel it and inform the relevant authorities. Provide us with your e-mail, postal address and/or contact information truthfully and correctly. You also consent to us being able to use said information to contact you if necessary. If you do not provide us with all the information we require, we will not be able to process your order.

By placing an order on this website, you state you are over 18 years old and have the legal capacity to agree contracts with us. Registering on the website is an essential requirement to be able to purchase our products. You may register in the section ‘Sign-in/Sign-up’.

EDUCA BORRAS, S.A.U. hereby informs you that the purchase process requires you to identify yourself with your username and password. Users will have access to their orders, invoices, order tracking and changes to information. The passwords are for accessing the services provided over the website.

Users shall be liable for keeping their passwords strictly and absolutely confidential, in this way accepting liability for any damage or consequences of any kind that may arise from breaching or revealing this secrecy. For security purposes, remote passwords for services linked to the website may be changed at any time by users. Users undertake to notify EDUCA BORRAS, S.A.U. immediately about any unauthorised use of their password, as well as access by unauthorised third parties to it.

If Users do not remember their password, the process is very easy: on the website click the ‘my account’ tab and then click ‘recover password’, and you will be sent a reminder to your e-mail that you may change at any time.

5. CONTRACT (placing an order)

The information set out in these terms and conditions, and the details contained on the website do not comprise a sales offer but rather an invitation to agree a contract.

In order to place an order, you shall follow the online purchase procedure and click on accept THE GENERAL TERMS AND CONDITIONS OF SALE IN THE ‘PURCHASE NOW’ SECTION.

After this, you will receive an ‘Order Confirmation’ e-mail receipt. All orders are subject to our acceptance, of which you shall be informed in an e-mail where we will confirm that the product is being dispatched: the ‘Dispatch Confirmation’. The contract for purchasing a product between you and us shall solely be formalised when we send you the Dispatch Confirmation.

The price and other conditions for the items that you have ordered shall not be modified, of course, during the time between your offer and the acceptance thereof sent in the dispatch confirmation, unless by law or by a decision from government agencies we have to make retroactive changes to our policies, Conditions or Privacy Statement, in which case the possible changes shall also affect the orders placed beforehand.

Only those products listed in the Dispatch Confirmation shall be subject to the Contract. We shall not be obliged to provide you with any product that may have been subject to order until we confirm its dispatch in a Dispatch Confirmation.

Please bear in mind that the Dispatch Confirmation shall be sent to you within a maximum deadline of 48 hours from placing the order if you have chosen home delivery or Post Office or Punto Pack pick-up, or within a maximum deadline of seven working days from placing the order if you have chosen to pick up the product at one of our shops.

6. THE PURCHASE PROCESS

The purchase process starts when Users select the image they want and choose the puzzle size. In turn, EDUCA BORRAS, S.A.U. informs Users about the quality of the selected image, said quality being classed as optimum, good, normal and bad. In the event that the image quality is bad, EDUCA BORRAS, S.A.U. informs users in a dialogue box that the image does not have the right quality to produce the selected puzzle, providing Users with the chance to ‘Accept’ and continue with the purchase or ‘Cancel’.

After selecting the image, puzzle size and quantity, the products selected by Users are included in the shopping basket.

After finishing with production selection, the purchase continues and Users are informed about the product selection in a grid that clearly sets out the price, quantity and, where Users choose to receive the assembled puzzle, the ‘Assembled Puzzle’ amount. In addition, Users are clearly informed about the delivery costs depending on the location where the purchase is to be sent and the amount for VAT (where applicable), with Users selecting their Payment method: by card, on delivery or bank transfer.

After this, Users need to fill in their personal details to issue the invoice and their credit card details to pay for the products if they choose to pay for the purchase by card. After accepting the purchase made, the credit card is charged if this is the selected payment option.

The contract formalisation document is sent to Users in an e-mail confirming their order and containing a precise description of their order and prices.

Once the sale is finalised, the purchase made shall be confirmed on the website log, alongside the purchase terms and conditions, and the buyers may save this confirmation.

7. PRODUCT AVAILABILITY

Full processing of your order is subject to product availability for the items selected meaning that if at the time of preparing your order in our warehouse we do not have the product you want as there is no stock available or we believe that the product is not suitable for sale, we shall inform you about this and make a refund of the amount you have paid within a maximum of deadline of seven days from the time we inform you that the product cannot be delivered.

In any event, we shall notify you about any change that may have occurred to your order due to lack of item availability.

Items offered on this website can only be delivered to Mainland Spain and the Balearic Islands.

Shipping is not available to the Canary Islands, Ceuta, Melilla or overseas.

Products offered on the website and their prices shall be available for purchase where they appear in the product catalogue viewed over the website.

Promotion codes and specific offers are announced on the website when starting the product selection process.

8. DELIVERY

Once payment is verified, deliveries shall leave the Educa Borras S.A.U. or supplier warehouse to the delivery address provided by USERS within approximately 10 working days in Spain.

Where USERS do not receive their ORDER within approximately 10 days for Mainland Spain and two weeks for the Balearic Islands, Canary Islands, Ceuta and Melilla from the date of dispatch from the warehouse, they may contact Educa Borras S.A.U. by calling the Customer Service Hotline (0034 937215301).

Educa Borras S.A.U. shall do whatever it can to comply with the stated delivery deadline and where it is aware that, for whatever reason, it cannot do so, it shall notify USERS by e-mail or telephone.

9. PRICES AND PAYMENT TERMS

The price of the products shall be that shown at all times on our website. The price and other conditions for the items that you have ordered shall not be modified, of course, during the time between your offer and the acceptance thereof sent in the dispatch confirmation, unless by law or by a decision from government agencies we have to make retroactive changes to our policies, Conditions or Privacy Statement, in which case the possible changes shall also affect the orders placed beforehand.

The prices shown on the website are given in euro, include possible discounts and applicable VAT on the order date but do not include shipping costs, which are shown separately on the website.

Payment may only be made by: When confirming the order, customers may choose to pay via credit card (American Express, MasterCard, Visa and Visa Electron), on delivery (only in Spain and Portugal for orders under €130), bank transfer or other similar methods.

In certain circumstances and to prevent possible fraud, EDUCA BORRAS S.A.U. reserves the right to request a specific payment method from customers where the identity of the buyer cannot be duly accredited. The Credit Card details provided by the buyer are not displayed or known to THE SELLER, and the buyer is liable for any fraudulent use of their Credit Card details.

10. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within a maximum deadline of 14 calendar days without having to provide a reason.

The withdrawal period shall expire 14 calendar days from the date you or a third party indicated by you, other than the haulier, took material possession of the goods.

In order to exercise your right of withdrawal, you need to notify EDUCA BORRAS, S.A.U. C/ OSONA, 1 – 08192 SANT QUIRZE DEL VALLÈS (BARCELONA), about your decision to withdraw from the contract in an unequivocal statement (e.g. a letter sent by mail). You may also inform us of your withdrawal from the present contract via e-mail incidencias@educapersonalizados.com.

You may use the withdrawal form template shown below, although this is not obligatory.

In order to comply with the withdrawal deadline, you merely need to ensure that the notification regarding you exercising your right is sent before the corresponding deadline expires.

Withdrawal Form

– F.A.O.:
EDUCA BORRAS, S.A.U.
C/ OSONA, 1 – 08192 SANT QUIRZE DEL VALLÈS (BARCELONA)
incidencias@educapersonalizados.com.

I hereby notify you that I withdraw from my contract of sale for the following good/service with reference number (*)

Order placed on (*) /received on (*)
Customer(s) and user(s) name
Customer(s) and user(s) address
Customer(s) and user(s) signature
Place and date
(*) Delete as applicable.

Consequence of withdrawal

Where you withdraw, we shall return all payments made by you, including the initial shipping costs for your order.

The deadline for us to make this refund shall be a maximum of 14 calendar days from the date you inform us of your decision to withdraw from this contract. Nonetheless, we may detain the refund until we receive the goods or until you have presented proof that you have returned them, as per which condition is fulfilled first.

We shall make the refund using the same method of payment used by you for the initial purchase, unless you have clearly stated otherwise; in any event, no cost shall be incurred as a consequence of the refund.

In the event of withdrawal, you shall return the products to us, and cover the direct cost for this return, at:
EDUCA BORRAS, S.A.U.
C/ OSONA, 1 – 08192 SANT QUIRZE DEL VALLÈS (BARCELONA)
incidencias@educapersonalizados.com.

You may also exercise your right to withdraw by going to any of our physical stores (EDUCA BORRAS, S.A.U.) in which case exercising your right to withdraw shall not give rise to any type of expense for you.

You shall solely be liable for any decreased value of the products, from the time you receive them until you inform us about your withdrawal, due to handling them in an unnecessary manner to establish the nature, features and operation of the products.

The right to withdraw shall not apply to contracts for supplying packaged goods that are not suitable for returns due to health and safety protection and which have been unpackaged after delivery.

11. EXCHANGES AND RETURNS

The following conditions relating to exchanges and returns of our products do not apply in the event of exercising you right to withdraw. If for any reason you are not satisfied with your order, you have 30 days from receipt of the delivery to exchange or return the product.

In order to calculate the thirty day deadline, the date shown on the delivery slip shall be used as reference.

In order to make any exchange or return, the product must not have been used and be returned in perfect condition, including labels, instructions and guarantees (where applicable).

The refund for the amounts paid shall be done within a maximum 30 days from the moment you return the order and by the same payment method used to make the purchase (credit card) unless another payment method is chosen

Where the product is defective, EDUCA BORRAS, S.A.U. shall replace it. In this instance, the exchange shall always be for the same item or reference. Only the first delivery shall be invoiced, as EDUCA BORRAS, S.A.U. shall cover the costs for a new delivery.

If a product different to the one selected by customers is delivered by mistake by EDUCA BORRAS, S.A.U., it shall be picked up and the correct product be delivered without any additional cost to the customer.

12. LIABILITY AND GUARANTEES FOR OUR PRODUCTS

The legal guarantee on all our products is as defined by law and its terms shall always be respected by EDUCA BORRAS, S.A.U.

Said guarantee is governed by the Consolidated Text of the General Law on Consumer and User Protection that sets out that the minimum guarantee period for any new item shall be two years, although, after the first six months, the customer is responsible for proving that the problem with the item is a manufacturer defect and not wear-and-tear due to normal correct use of the product.

Where the guaranteed item does not effectively come in optimum condition for use, EDUCA BORRAS, S.A.U. shall be liable to customers meaning that we shall return the amount paid for the product as well as refund expenses incurred by customers in acquiring the product. Therefore, if the item has a flaw or defect or there has been any error in shipping, customers may return it to any of our shops or send it back to the warehouse. Once the defect is verified, we shall refund the full amount paid, including shipping and return shipping, and, where applicable, the amount paid for gift-wrapping.

We shall only refund the return shipping expenses where:

1) The item is defective.

2) An error has occurred in shipping.

3) The package has been damaged during shipping.

The guarantee of conformity does not apply where the product has been modified by customers, in the event of normal wear-and-tear of the product, where the product is used inappropriately, in the event of failure to comply with the product maintenance rules and where damage is caused due to transport or storage of the product.

Where the conformity defect is proven, the product shall be replaced or repaired for free, except where the costs are disproportionate with regard to the damage or if it is impossible. Where it is impossible, EDUCA BORRAS, S.A.U. shall partially or totally refund the price, as applicable, where the conformity defect is proven, the product shall be replaced or repaired at no cost to customers, with no deadline obligation.

The product in question shall have been ordered on our website and returned in its original packaging.

Any request must be sent to the following e-mail: incidencias@educapersonalizados.com.

13. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

EDUCA BORRAS, S.A.U. reserves the right to revise and modify these terms and conditions at any time.

Nevertheless, the price and other conditions for the items that you have ordered shall not be modified during the time between your offer and the acceptance thereof sent in the dispatch confirmation, unless by law or by a decision from government agencies we have to make retroactive changes to our policies, Conditions or Privacy Statement, in which case the possible changes shall also affect the orders placed beforehand.

14. APPLICABLE LEGISLATION AND JURISDICTION

Use of our website and purchase contracts for products over said website shall be governed by Spanish law.

Resolutions for any type of dispute, litigation or discrepancy that may arise between users and EDUCA BORRAS, S.A.U. due to use of this website shall be subject to the competent Courts and Tribunals in compliance with current legislation.

Also by virtue of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes, according to article 13 of the Regulation ‘Member States shall ensure that traders established on their territories inform consumers about the ADR entity or ADR entities by which those traders are covered’.

15. COMMENTS AND SUGGESTIONS

Your comments and suggestions are more than welcome. We kindly ask you to send your comments and suggestions through our contact form or by sending us an e-mail to consultas@educaborras.com.

16. COMPLAINTS, CLAIMS AND REPORTS

Article 211-14 in Law 22/2010 of 20th July in the Consumer Code of Catalonia, which is part of the applicable requirements for any type of consumer relationship, any relationship established between, on the one hand, entrepreneurs, intermediaries or the Administration as goods or service provider and, on the other, consumers, sets out that all entrepreneurs or companies should have complaint or claims forms in accordance with the corresponding regulatory framework.

For this reason, EDUCA BORRAS, S.A.U. has official forms for users as per what is set out in Decree 121/2013 of 26th February whereby official complaints, claims and report forms for consumer relationships are regulated, clicking here.

Once the official form is filled in and in accordance with article 7.3 in said regulations, Users may send the form to the postal address C/ OSONA, 1 – 08192 SANT QUIRZE DEL VALLÈS (BARCELONA) or e-mail incidencias@educapersonalizados.com.

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