These General Conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on the General Conditions Contract, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law on the Protection of Consumers and USERS and other complementary laws and Law 7/1996 on the regulation of the Retail Trade.
The validation of the order by the USER expressly implies their knowledge and acceptance of these General Conditions of Contract as a part of entering into the contract. Unless proven otherwise, the data registered by CAGANER.COM constitute proof of all transactions between CAGANER.COM and its customers.
1. GENERAL PRODUCT FEATURES
Through its website, CAGANER.COM sells terracotta figures that are typical of Catalan culture, "caganers", both original conceptions and new reinterpretations thereof based on the figure of celebrities, sports personalities, politicians, etc.
2. PROCEDURE FOR PLACING AN ORDER
To place an order you should connect to ww.CAGANER.COM, and register as a USER, in the "Create Account" section, completing the electronic form with your gender, full name, ID card/passport number, date of birth, contact details and password. The fields marked with an asterisk (*) are compulsory, the rest are optional.
At this point, the user can choose to receive an e-newsletter with news and offers concerning CAGANER.COM products, and finally, by ticking a checkbox, agree to the General Conditions of
If the USER has entered all the data correctly, within an hour they will receive an e-mail confirming registration. From this moment on, you can select the products of your interest and make your purchase.
To proceed with the purchase, the USER must add the product they wish to purchase to the basket, as shown on the screen, and press "Buy". Then, the screen will display the delivery address initially provided by the USER, which may be modified via the "Change Address" button. The USER will select the shipping method of their choice, and add any comments they deem necessary for the receipt of their order. Then, press "Continue" to access the means of payment screen, where you should select the billing address and payment method.
Finally, the screen will display all previously validated information and, if necessary, you can make changes. If you agree with the information outlined, you can press the "Confirm Order" button. From that point, the USER will be directed to a secure payment platform, according to the form of payment chosen, and can enter their bank details according to the instructions on the screen. Once payment is confirmed, the USER will receive an e-mail within 24 hours with confirmation of receipt of the order and they can display and print a document of proof of the purchase made. The USER may request information about order status by contacting CAGANER.COM by e-mail or phone.
During the registration process, the USER will be able to correct any erroneous data entered. To correct errors after submitting the form, the USER must contact CAGANER.COM via e-mail to email@example.com or by telephone (00 34) 972980394.
3. PRICE AND PAYMENT METHOD
The prices of the products and taxes for each speciality are set out on the Web Page for each product. All prices listed on our web page include VAT.
The USER can make payments by credit card, via PayPal or payment on delivery. Payment on delivery only applies within Spanish territory, excluding Ceuta, Melilla and the Canary Islands.
When the USER chooses to pay by credit card, they will be redirected to a secure platform where they can enter their bank details. To pay by PayPal USERS must first be registered on its system on the website www.paypal.com.
4. SHIPPING MODE
CAGANER.COM uses the company UPS to deliver the USERS' orders. The different modes of shipping are: UPS Standard and UPS Express Saver. The products are shipped to the address indicated by the USER at the time of ordering.
If one or more order items are not in stock, CAGANER.COM will contact the USER to inform of the delivery term. In exceptional cases, CAGANER.COM reserves the right to split the order, sending the available items and leaving the unavailable items for a second shipment. In this case, the second shipment will be made at no additional cost to the USER.
5. SHIPPING COSTS
Shipping costs vary according to the shipping mode chosen by the USER and the place of delivery. The costs will be shown to the USER before checkout. To calculate the shipping costs before completing the purchase, the USER can view the corresponding tables via the links available below. First, the USER must locate the area in which the order will be delivered on the followings links: table of national zones and table of international zones. With the zone number, the USER can check the price in accordance with the product weight: national shipment costs, European Union shipment costs, shipment costs to other countries. The prices shown in these links are subject to a slight increase in proportion to the variation of the cost of fuel.
The USER should bear in mind that when the dimensional weight exceeds the actual weight, the price will apply to the former. The dimensional weight is calculated by multiplying each of the dimensions of the package (typically 40x30x20) and dividing the result by 5000.
Shipping costs to the Canary Islands, Ceuta, Melilla, and areas outside the European Customs Union do not include taxes and import duties, which will be paid in cash at destination by the receiver of the goods.
6. SHIPPING MODE
The shipment time for UPS Standard mode is 48 hours from receipt of order confirmation. UPS Express Saver mode for orders shipped to the European Union will also have a delivery period of 48 hours, and orders sent to other countries will have a maximum delivery time of 72 hours.
If CAGANER.COM is unable to ship contracted products within the specified deadline, it shall duly notify the USER, informing of the new deadline by which it/they will be available. In this case the USER will be able to terminate the contract and request a refund of the amount paid, if any, for the product. In such a case, CAGANER.COM will return the paid amounts as soon as possible, always within 14 (fourteen) calendar days from which the USER has requested the refund via the same payment method chosen.
In the event that the USER were to detect a problem with their order at the time of delivery (damaged packaging, missing or damaged products), they must indicate this in writing on the carrier's delivery note, and contact our Customer Care department by phoning (0034) 972 76 21 69 or by e-mail to firstname.lastname@example.org within 24 hours of receipt.
7. PRODUCT UNAVAILABILITY
Should the contracted product not be available, CAGANER.COM will inform the USER who may either: (i) request a refund of the amounts paid within a maximum of 14 (fourteen) calendar days, or; (ii) request, without increasing the price, a product with similar characteristics of the same or higher quality.
In this case, the USER may exercise their rights of withdrawal and termination under the same terms as if it were the product initially ordered, without being required to pay the direct cost of returning.
8. RIGHT OF WITHDRAWAL
The USER may withdraw their consent provided herein and their declaration of intention without stating a reason for such within a maximum period of 14 (fourteen) calendar days from the date of execution. For these purposes, the USER may exercise withdrawal by sending to CAGANER.COM the Document of Withdrawal attached or by phoning Customer Care on (0034) 972 980394, or by returning the goods received.
CAGANER.COM will have a maximum of 14 (fourteen) calendar days from withdrawal to return to the USER all amounts received, charging the USER for the direct cost of returning the product, in accordance with article 101.1 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law on Protection of Consumers and Users.
If the USER were to return the product in perfect condition, with the documentary evidence of the contract and within the established deadlines, CAGANER.COM will offer them a product of equivalent quality and price. In this case, the user may choose between a refund of the amounts paid or the shipment of the product offered as a replacement.
To be able to correctly process the right of withdrawal, the USER must return the product in perfect condition, so that it does not suffer any depreciation in value.
9. PRODUCT WARRANTY
CAGANER.COM guarantees that the product will remain in perfect condition for a period of two years from delivery. Hence, the USER must inform CAGANER.COM as to any lack of conformity of the product within a maximum of 2 (two) months after having knowledge of it. The warranty does not cover defects caused by negligence, knocks, misuse or tampering.
In view of the nature of the product, the products will be understood as being compliant with these General Conditions of Contract, unless proven otherwise by the USER. If the USER ascertains a lack of product conformity, they may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. Repair and replacement must be carried out within a maximum of 14 (fourteen) calendar days.
When the USER cannot demand the repair or replacement of the product, or when such have not been carried out within the period of 14 (fourteen) calendar days stated above in this clause, the USER can choose between requesting a price reduction or termination of the contract. Termination shall not proceed when the lack of conformity is minor.
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been compliant with the contract, and the value that the product actually delivered had at the time of such delivery.
To report a lack of conformity or request a repair or replacement, the USER must contact CAGANER.COM's Customer Care department by sending an e-mail to email@example.com or by phone on (0034) 972 98 03 94. CAGANER.COM will inform the USER how to proceed with returning the product.
10. REFUND OF AMOUNTS PAID
When, in accordance with clauses 6, 7 and 8 the USER is entitled to a refund of amounts paid, the refund will be made via the means of payment used for the purchase, except if payment was made upon delivery. In this case the refund will be made via bank transfer.
CAGANER.COM will not refund any amount or forward any goods until it has verified the receipt and condition of the item for return or exchange. Once the correct state of the returned product has been verified, CAGANER.COM will proceed with repayment of the amount within a maximum period of 14 (fourteen) calendar days.
11. GENERAL INFORMATION
CAGANER.COM will file the electronic document in which the contract is entered into. It will not be accessible to the USER through the Web Page, however the USER may request a copy thereof by contacting our Customer Care department by e-mail to firstname.lastname@example.org.
The contract and the documents related to the purchase of the products may be in Catalan, Spanish or English. In case of doubt or contradiction, the version in Spanish shall prevail.
12. CUSTOMER CARE SERVICE
USERS may address their queries, complaints or claims to CAGANER.COM by mail, e-mail or by phoning the number given on the Website. CAGANER.COM undertakes to provide the USER with a reply in the shortest possible time and in any case within a maximum period of 30 (thirty) days from the filing of the complaint. Our telephone hours are 9.00 am to 8.00 pm Monday to Friday.
13. DATA PROTECTION AND COOKIES
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14. GOVERNING LAW AND JURISDICTION
These General Conditions are governed by Spanish law. The parties submit, at their choice, in order to resolve conflicts and waiving any other jurisdiction, to the courts of the domicile of the USER.