Terms & Conditions
GENERAL CONDITIONS OF PURCHASE
1.- PURPOSE AND SCOPE OF APPLICATION
1.1.- These General Conditions of Purchase (hereinafter, the "CONDITIONS") are intended to regulate the legal relationship derived from the online sale of products through the website www.dumasdesign.eu (hereinafter, the "WEBSITE"), and may be acquired by any user who complies with the terms established in these CONDITIONS.
1.2.- These CONDITIONS will have an indefinite period of validity and will be applicable to all purchases made through the WEBSITE.
1.4.- The online purchase of the products offered through this WEBSITE is available both for natural persons of legal age who meet the status of consumers or users, as well as for natural persons acting for themselves or on behalf of legal persons with a purpose related to their business or professional activity. . By accepting these CONDITIONS during the purchase process, the CUSTOMER declares and guarantees that he meets these requirements. During the purchase process, the CUSTOMER will be asked to indicate whether he places the order as a consumer, for personal or non-professional purposes, or for a purpose related to his business or professional activity.
1.5.- The CLIENT is solely responsible for the veracity of all the data provided through the online forms of the WEBSITE.
1.6.- Orders may be formalized in any of the languages in which these conditions are available on this WEBSITE.
2.- IDENTIFICATION OF THE SERVICE PROVIDER OF THE INFORMATION SOCIETY AND SELLER OF THE PRODUCTS
2.1.- The owner of the WEBSITE that provides the online sales service of products is VDM INTERNATIONAL IBERICA SPAIN 2018, S.L. (hereinafter, COMPANY or we), provided with CIF: B42594853, whose address and contact details are as follows:
- Postal address: Calle Isaac Peral 3 Benissa 03720 Alicante Spain
- Electron direction: firstname.lastname@example.org
- Phone: +34 694 493 476
2.2.- COMPANY reserves the right to modify these CONDITIONS at any time, without affecting purchases made through the WEBSITE prior to the modification. It is the responsibility of the CLIENT to review the current version of the CONDITIONS before placing an order.
2.3.- We reserve the right to deny and / or withdraw access to this WEBSITE, at any time and without prior notice, to those users who fail to comply with these CONDITIONS.
3.- DESCRIPTION OF THE PRODUCTS, GEOGRAPHICAL SCOPE AND AVAILABILITY
3.1.- The products offered for sale on this WEBSITE are those included at all times in the "STORE", according to the available description of its main characteristics, which includes [garden furniture, bags, decoration and accessories, different collections of garden furniture].
3.2.- The products are only available for shipment to the territory of Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla) European Union, rest of Europe (hereinafter, the "TERRITORY").
3.3.- All orders for products are subject to their availability. If the product is not available, whatever the reason, the indication "out of stock", "not available" or similar will be displayed on the WEBSITE. If, on the other hand, the WEBSITE does not inform of the lack of availability of the product, despite being out of stock, we will contact the CLIENT to inform him of this circumstance and the new delivery date, or to offer, where appropriate, the supply of an alternative product or the cancellation of the order with a refund of the amount he had paid.
3.4.- We reserve the right to withdraw any product from this WEBSITE at any time, as well as to modify and update our product catalog.
4.- PURCHASE PROCEDURE
4.1.- To place an order on the WEBSITE, the CLIENT may register in advance by clicking on "REGISTER", and in the link "Create account" will create an account indicating your name and surname, an email address and a password of your choice. Once the account has been created, the CUSTOMER may start the purchase process by selecting products available in the STORE section, as explained below. The creation of a customer account allows you to speed up future purchases and take advantage of special offers.
In case of not registering, the CUSTOMER may also place orders for which he must first select the products and units of his choice in the "STORE" section and then add them to the cart by clicking on the "ADD TO CART" button. Once your selection is finished, you can click on the "VIEW CART" button to continue the purchase process.
4.2.- Once accessed the Cart , the CUSTOMER may review the details of all the products added to it and, where appropriate, modify or delete the corresponding data.
4.3.- After the validation of the selection made, the CLIENT must press the "PROCESS ORDER" button and then fill in the personal data requested, either as a guest or by logging in with their previously registered customer account. By indicating the desired delivery address you will be shown the shipping costs that, where appropriate, were applicable or you can select collection in store in which case no transport costs will apply.
4.4.- Next, the CLIENT will select the means of payment of his choice from among those available on the WEBSITE. Next, you will be asked for your postal address for the issuance of the invoice, which may coincide with the desired delivery address, unless the CLIENT opts as a shipping method for delivery at our establishment located at Calle Isaac Peral 3 Benissa 03720 Alicante Spain. You can then indicate through the checkbox tick if you want to save the payment information to make future purchases faster.
After that, you will be required to check the acceptance box of these CONDITIONS and, finally, you must press the "ORDER WITH PAYMENT OBLIGATION" button.
4.5.- Once the order has been placed, the CUSTOMER will receive an email confirming the purchase made (hereinafter, "ORDER CONFIRMATION"). If the CUSTOMER does not receive the ORDER CONFIRMATION within 24 hours of placing the order, he must notify us through the email address email@example.com
4.6.- Together with the shipment of the order, the invoice will be delivered to the CLIENT on paper. In this case, we will send the electronic invoice to your email address or, if you have registered as a customer, you can download it directly by accessing your account.
4.7.- The electronic document in which the contract is formalized will be archived by COMPANY, and the CLIENT may access it by request through our email address firstname.lastname@example.org
5.1.- Except in those cases in which unforeseen or extraordinary circumstances concur, the order will be delivered within a period of between 3 and 7 working days, depending on the place of destination within the TERRITORY, counting from the moment of placing the order and in any case, within a maximum period of 30 calendar days from the date of confirmation of the order. If we are unable to deliver within the indicated time frame, we will contact you to indicate when we can deliver.
This period does not include Saturdays, Sundays and holidays, deliveries being made only from Monday to Friday.
5.2.- In order to optimize the delivery process, the postal address indicated by the CLIENT must be an address at which delivery can be made within the usual working hours. We will not be responsible for errors or damages arising from the delivery, when the delivery address entered by the CUSTOMER does not conform to the desired place of delivery or when it is not possible to deliver the order due to the absence of the CUSTOMER.
5.3.- For the purposes of these CONDITIONS, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the CLIENT or a third party indicated by the CLIENT acquires the material possession of the product object of the order, which will be accredited by signing the receipt of the same at the agreed delivery address or, in case of unavailability of the consignee at the agreed place of delivery, on the date of attempted delivery recorded by the transport service in charge of the delivery.
5.4.- In the case of delivery of an order that presents visible defects in the outer packaging, the CLIENT must not sign the delivery note as compliant, but make a claim on the spot to the carrier and communicate it to us through the email address email@example.com
6.- TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
6.1.- The risks of the products will be borne by the CLIENT from the moment of delivery or, if this is not possible for reasons attributable to the CLIENT, from the moment of making it available at the agreed place of delivery.
6.2.- The CUSTOMER will acquire ownership of the products when we receive full payment of all the amounts due in relation to them, including shipping costs, or at the time of delivery if it takes place at a later time.
7.- PRICE AND PAYMENT
7.1.- Except in case of manifest error, the prices applicable to each product are those indicated on the WEBSITE on the date of the order, including the VAT in force applicable at all times.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery will be understood to be located in the territory of application of Spanish VAT, if the address of delivery is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at all times depending on the specific item in question.
In this same sense, and in accordance with articles 14, 33 and 59 quater of Directive 2006/112 of the Council of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery:
a) In the territory of application of Spanish VAT, when the conditions of section 1 of article 59 quater are met and therefore, the applicable VAT rate will be the legally valid one in accordance with Law 37/1992.
b) In that Member State of the European Union where the address that appears in the purchase order is located, and, therefore, the applicable VAT will be that in force in said Member State, when the conditions of section 1 of the article 59c.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by them.
For the rest of the locations, different from the previous ones, the purchase orders will be located for delivery in accordance with the regulations in force at all times; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by them. For further information, the User must go to the customs office at destination.
7.2.- The applicable shipping costs will be shown on the WEBSITE before starting the payment process. Such expenses may vary regularly depending on the rates applied by the different carriers for each destination. However, the indicative rates are:
|Standard||0kg–15kg||2 to 5 working days||€ 35.00||
|Standard||16kg–30kg||2 to 5 working days||€ 45.00||
|Standard||31kg–50kg||2 to 5 working days||€ 75.00||
|Standard||51kg–100kg||2 to 5 working days||€ 150.00||
|Standard||101kg–150kg||2 to 5 working days||€ 200.00||
|Standard||151kg–250kg||2 to 5 working days||€250.00||
|Standard||251kg–500kg||2 to 5 working days||€350.00|
Rest of the world
7.3.- We reserve the right to modify the prices of the products, but possible changes will not affect the orders with respect to which we have sent an ORDER CONFIRMATION.
7.4.- The CLIENT may make the payment by any of the following methods:
- Bank transfer to the following account opened by COMPANY at Banco Sabadell to the account number ES43 0081 1194 4700 0106 7510 (IBAN).
- Debit or credit card through the secure platform operated by Banco Sabadell
7.5.- To enter the data of a card, the CLIENT must be its legitimate holder and have the right to use it. The CLIENT is responsible for ensuring that all the data provided for the purpose of purchasing products are correct.
7.6.- The WEBSITE uses the secure communication protocol https and has a valid security certificate, guaranteeing the secure transmission of information by encrypting it. COMPANY will not have the financial data of the CLIENT.
8.- RIGHT OF WITHDRAWAL
8.1.- In accordance with current regulations, the CLIENT who buys our products as a consumer or user may withdraw from the order, without the need for justification, within a period of 14 calendar days from the date of delivery of the product in which the CLIENT, or a third party indicated by him other than the carrier, acquires material possession of it.
8.2.- To exercise the right of withdrawal, the CLIENT must notify us of his decision to withdraw from the order through an unequivocal statement, being able to direct it to our email: firstname.lastname@example.org. Likewise, for this communication you can use the model withdrawal form that can be downloaded HERE, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by the CLIENT of this right is sent before the corresponding period expires.
8.3.- In case of withdrawal by the CUSTOMER, we will refund all payments received for the affected order, including delivery costs (with the exception of additional expenses resulting from the choice on your part of a delivery method different from the least expensive ordinary delivery modality that we offer), without any undue delay and, in any case, no later than 14 calendar days from the date on which the CLIENT informs us of his decision to withdraw from the contract. We will proceed to make such reimbursement using the same means of payment used by the CLIENT for the initial transaction, unless the CLIENT has expressly provided otherwise and provided that the CLIENT does not incur any expenses as a result of the refund.
We may withhold the refund until we have received the product, or until the CUSTOMER has presented proof of the return of the same, depending on which condition is met first.
8.4.- If the CLIENT has received the product object of the order, he must return or deliver said product directly to us at the postal address of THE COMPANY indicated above, without any undue delay and, in any case, no later than within 14 calendar days from the date on which he communicates his decision to withdraw from the order. The deadline will be considered fulfilled if you return the product before that period has ended.
The CUSTOMER must assume the direct cost of returning the products.
8.5.- The CLIENT will only be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the products.
The products subject to withdrawal must be in perfect condition and may not have been used by the CLIENT.
8.6.- In accordance with current regulations, the right of withdrawal does not apply in the following cases:
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
- Orders made by CUSTOMERS who do not meet the status of consumers or users.
9.- NON-CONFORMITY OF PRODUCTS
9.1.- EMPRESA will respond to the CLIENT for any lack of conformity that exists at the time of delivery of the product, and the CLIENT may demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the CLIENT may also demand compensation for damages, if applicable.
9.2.- In cases where the CLIENT considers that at the time of delivery the delivered product is not in accordance with the contract, he must contact us immediately through our electronic contact address email@example.com, indicating the identification data of the order referred to and specifying the reason for the non-conformity of the product.
Once such communication has been received, we will contact the CLIENT as soon as possible to recover the product complained of, unless the CLIENT returns it to us, in both cases at our expense.
9.3.- After the withdrawal or receipt of the product, we will proceed to examine it carefully, after which we will communicate to the CLIENT by email, as soon as possible, if it is appropriate to estimate your claim. If so, the CLIENT who meets the status of consumer or user may oppose between the correction of the lack of conformity, the reduction of the price or the termination of the contract.
If the CUSTOMER chooses to correct the lack of conformity of the product, he will have the right to choose between repair or replacement, unless one of these options is objectively impossible or involves disproportionate costs for THE COMPANY.
In any case, the corrective measures applied by THE COMPANY for the conformity of the product will be free for the CLIENT, including shipping, transport, labor or material costs. These measures will be carried out within a reasonable time and without major inconveniences for the CLIENT, from the moment he informs us of the lack of conformity.
9.4.- In the cases and under the criteria provided for in the current regulations for the defense of consumers and users, the CLIENT who meets the condition of consumer or user may choose between the termination of the contract or the reduction of the price.
Any refund due to the reduction of the price or the termination of the contract will be made by COMPANY within a period of 14 days, from the date on which COMPANY has been informed of the CLIENT's decision to claim its corresponding right. Such reimbursement will be made using the same means of payment used by the CLIENT, unless the parties expressly agree other means and provided that it does not involve an additional cost for the CLIENT.
However, what is indicated in the previous paragraph, in case of termination of the contract, the term for reimbursement will begin to count from the withdrawal of the products, the withdrawal of these or, where appropriate, proof provided by the CLIENT that he has returned them.
9.5.- If the lack of conformity of the product at the time of delivery is claimed by a CUSTOMER acting for a purpose related to his business or professional activity, COMPANY will proceed at his expense, as soon as possible, to the recovery of the product. After that, we will proceed to examine the lack of conformity claimed by the CLIENT and to inform the latter if the claim is accepted or not.
In the event that THE COMPANY agrees to uphold the claim, it will inform the CLIENT if to put the product in conformity it opts for its repair or replacement. In any case, the corrective measures applied by THE COMPANY for the conformity of the product will be free of charge for the CLIENT.
Likewise, both parties may agree to reduce the price or terminate the contract with reimbursement of the price paid.
10.- LEGAL GUARANTEE AND RESPONSIBILITIES
10.1. - If the CLIENT contracts as a consumer and user, we will be liable for the lack of conformity that exists at the time of delivery of the products and that manifest themselves within a period of three years from the delivery.
If the CLIENT contracts for a purpose related to his business or professional activity, we will be liable for the lack of conformity of the products that are manifested within a period of 3 years from delivery.
10.2.- COMPANY will deliver to the CLIENT who requests the conformity of the product documentary justification on its making available, which states the date of delivery and the lack of conformity that originates the claim, as well as the delivery of the product already compliant, which states the date and description of the corrective measure carried out
11.- EXCHANGES / RETURNS
11.1.- In the event that the CUSTOMER wishes to change a purchased product, for reasons of color preference or another reason other than the non-conformity of the product, he may notify us as soon as he receives the order, through our email address firstname.lastname@example.org. In this case, we will confirm as soon as possible whether or not the change is appropriate, depending on the availability of the product in question and the requested change. We cannot guarantee the requested product change.
11.2.- In any case, the change of the product will be conditioned to the CLIENT returning the product initially purchased in perfect condition, within 14 calendar days from the date on which we confirm that the requested change is appropriate. The CUSTOMER must assume the costs of returning the product.
12.- CLAIMS MANAGEMENT
12.1.- The CLIENT can send us their complaints or claims through our email address email@example.com. We will endeavour to respond to such complaints or claims as quickly as possible.
12.2.- Likewise, we inform the CLIENT who meets the condition of consumer or user that, in accordance with EU Regulation nº 524/2013 of the European Parliament and of the Council, has the right to request an extrajudicial resolution of disputes in matters of consumption, being able to access this method through the website: https://ec.europa.eu/consumers/odr/.
13.- PROTECTION OF PERSONAL DATA
14.- APPLICABLE LEGISLATION AND JURISDICTION
14.1.- The relationship between THE COMPANY and the CLIENT derived from the placing of orders through this WEBSITE will be governed by Spanish law.
14.2.- The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the competent Courts and Tribunals of the CLIENT's domicile, provided that the client acts as a consumer or user. Otherwise, the submission will be to the Courts and Tribunals of the city of DENIA
Likewise, consumers will be able to submit their complaints through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/.
Last updated: APRIL 2022