GENERAL CONDITIONS OF PURCHASE-SALE OF SCALES AND ARCAS CATALUNYA (BACSA)
This document establishes the general contracting conditions (hereinafter, “CGC”) of the contractual relationship whose purpose is the sale of products offered from the website www.bacsa.es, owned by BÁSCULAS Y ARCAS DE CATALALUNYA, SA (hereinafter, the “SERVICE PROVIDER”), with address at Pol. Ind. Santiga C / Flassaders 13-15 Nave 1. 08130 (Sta. Perpetua de Mogoda) registered in the Mercantile Registry of Barcelona Volume 6.054, Book 5.347, Section 2, Folio 102, Page No. 71,463, 1st Registration with CIF: A-0894418, and individuals (hereinafter, the “CONTRACTOR”) who express their willingness to buy said products through the request made via the Internet through this website. These requests from users constitute the particular conditions to which these GTCs are associated that the CONTRACTOR must consult prior to purchasing the product. The CONTRACTOR is exposed through the website www.bacsa.es these conditions, so that they can read, print, archive and accept them. The CONTRACTOR will always have the CGC in a visible place on the web.
These GCC together with the request for the specific products made by the CONTRACTOR imply the formalization of the contract of sale between the SERVICE PROVIDER and the CONTRACTOR who claims to have read, understood and accepted these conditions.
FIRST.- OBJECT OF THE CONTRACT
By these CGC, the SERVICE PROVIDER undertakes to deliver to the CONTRACTOR the products that he has requested through the website www.bacsa.es in exchange for a certain price.
By purchasing the products available on this website, the CONTRACTOR declares that:
- That he is a person of legal age and with the capacity to contract.
- That you have read, understood and that you accept these GTC.
SECOND. APPLICABLE LEGISLATION
These CGC are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Law 26/1984, of July 19, General for the Defense of Consumers and Users, to the Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, EU Regulation, of April 27, 2016 (RGPD), Law 7/1996, of January 15, Regulation of Retail Trade and to Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce.
THIRD. ALTERATION OF THE CGC
The SERVICE PROVIDER reserves the right to modify these Terms and Conditions at any time, without the need to previously notify the CONTRACTOR, who in any case is responsible for reviewing them as a prerequisite for the acquisition of any product available through this website. . In any case, the GTC that were exposed on the web at the time the CONTRACTOR acquires the corresponding products will be considered valid and applicable.
FOUR.- RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
4.1. Product delivery.- The SERVICE PROVIDER undertakes to deliver the product in perfect condition to the address indicated by the CONTRACTOR in the order form, which contains the particular conditions attached to these CGC. The SERVICE PROVIDER will not be responsible for errors caused in the delivery when the data entered by the CONTRACTOR in the order form does not conform to reality or has been omitted. The approximate delivery time for each product is indicated in its file. Normally, the product is delivered within a period of approximately 10 days from the SERVICE PROVIDER having verified the payment of the price. In the event that the product is not in stock or the delivery time is longer than that indicated in the product file, the SERVICE PROVIDER will inform the CONTRACTOR of the new term by email.
4.2. Responsibility of the SERVICE PROVIDER.- The SERVICE PROVIDER will in no case be responsible in relation to:
- Errors, delays in access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receiving by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, the SERVICE PROVIDER undertakes to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution to the incident.
- Of the errors or damages produced by an inefficient use of the service and in bad faith by the CONTRACTOR.
- The non-operability or problems in the email address provided by the CONTRACTOR for sending the order confirmation.
- Right of withdrawal: the SERVICE PROVIDER recognizes the CONTRACTOR the right of withdrawal in the terms and deadlines recognized in Law 7/1996, of January 15, on Retail Trade, in which case the SERVICE PROVIDER will reimburse the CONTRACTOR the amount paid for the price and applicable taxes, to the account number indicated by the CONTRACTOR. The CONTRACTOR has a term, to exercise the right, of 7 business days from the delivery of the product, considering as such date, unless proven otherwise, the one indicated in the delivery document signed by it. For the purposes of exercising this right, the CONTRACTOR must notify BASCULAS Y ARCAS CATALUNYA SA by email bacsa@bacsa.es indicating the order number, delivery note and cause, in any way admitted by law and within the terms provided, to the address included at the beginning of these CGC, also sending the corresponding product. In any case, the CONTRACTOR will be responsible for the direct costs of returning the aforementioned product, as well as any damage to it or the packaging produced as a result of its return, as well as the lack of components or accessories included with the product. .
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1.Payment.- The CONTRACTING PARTY undertakes to pay in advance the amount for the product actually requested in the following amount and manner:
- Amount.- The remuneration for the product actually requested by the CONTRACTOR based on the product requested will be that indicated on the website and that which appears in the CONTRACTOR’s specific request at all times, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website always appear with VAT included. At higher prices, the price that appears on the website for each of the products offered must be added the relevant shipping costs. As these are rates that the SERVICE PROVIDER does not apply or decide at any time, they will always be those officially offered by the state postal service or by private courier companies and that the SERVICE PROVIDER will not generate any benefit for these rates by communicating the overall cost of both the product and the shipping costs always prior to the CONTRACTOR before formalizing the purchase itself and in the confirmation email of the same.
- Payment methods.- The CONTRACTOR must pay the amount corresponding to his order by means of payment through bank transfer or credit card, being necessary, in the first case, that a proof of said payment be sent by fax or email to the shipment is confirmed.
Payment by credit card may only be canceled if the Contracting Party demonstrates that it has been used fraudulently or improperly for contracting the Services, the Service Provider submitting to the provisions of article 46.1 of Law 7/1996 , of January 15, of the Retail Trade Organization and the User as provided in the second section of that same article.
- Responsibility of the CONTRACTOR.– In any case, the CONTRACTOR will be responsible:
- Assume all risks of deterioration, impairment, damage and loss of the products from the moment they have been made available to you by the third party who, on behalf of the SERVICE PROVIDER, delivers the requested products.
- Check the good condition of the package before the third party who, on behalf of the SERVICE PROVIDER, makes the delivery of the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If later, after reviewing the content, the CONTRACTOR detects any incident such as hit, breakage or any damage caused by the shipment, it undertakes to notify the SERVICE PROVIDER in the shortest possible time..
SIX.- PROTECTION OF PERSONAL DATA
DATA PROTECTION
6.1.-Information to the user of the data processing by the SERVICE PROVIDER and request for consent for the automated processing of the data: In accordance with the provisions of the EU Regulation, of April 27, 2016 (RGPD), BASCULAS Y ARCAS CATALUNYA S.A. informs users of its website that the personal data collected by the company, through the forms located on its pages, will be entered into a treatment system under the responsibility of BASCULAS Y ARCAS CATALUNYA SA, in order to facilitate, expedite and fulfill the commitments established between both parties.
In relation to the personal data provided by the CONTRACTOR in the forms that may exist on the website, the SERVICE PROVIDER strictly complies with the current regulations established by the EU Regulation, of April 27, 2016 (RGPD) and other legislation that develops it and informs the CONTRACTING PARTY that the aforementioned data will be included in a file for automated processing, the CONTRACTOR giving his consent by accepting these GTC to said treatment.
As long as the user does not communicate otherwise to BASCULAS Y ARCAS CATALUNYA S.A., it will understand that their data has not been modified, that the user agrees to notify BASCULAS Y ARCAS CATALUNYA S.A. any variation.
6.2.-Purpose of the treatment: The SERVICE PROVIDER collects certain personal data that are entered by the CONTRACTOR in the form to formalize the sale of the products. The SERVICE PROVIDER informs that it will automatically manage this data. The SERVICE PROVIDER will process these data for billing and shipping the product, as well as for the periodic sending of offers and commercial information to the CONTRACTOR, only if the latter expressly authorizes it. In any case, the data collected and processed by the SERVICE PROVIDER are only the basic ones for the purposes indicated above.
6.3.- Obligatory nature of the introduction of the data: The fields in which an asterisk * appears in the existing forms are those that require a mandatory response and if they are not covered, the consequence would be the impossibility of sending the query or placing the order concrete.
6.4.- Rights of access, rectification, limitation of treatment, deletion, portability and opposition. The CONTRACTOR who enters their personal data in the different registration forms may exercise their rights of access, rectification, limitation of treatment, deletion, portability and opposition at any time by letter BÁSCULAS Y ARCAS CATALUNYA (BACSA), whose registered office is at Pol. Ind. Santiga C / Flassaders 13-15 Nave 1. 08130 (Sta. Perpetua de Mogoda) or by mail to the address: bacsa@bacsa.es including in both cases a copy of the NIF of the data owner.
6.5.- Security.- The SERVICE PROVIDER reiterates that it undertakes to respect and absolute confidentiality in the collection and treatment of the CONTRACTOR’s personal data, declaring its commitment not to transfer it to third parties in any case, without prior consent of their headlines.
The SERVICE PROVIDER ensures the absolute confidentiality and privacy of the personal data collected and therefore essential security measures have been adopted to avoid alteration, loss, treatment or unauthorized access and thus guarantee its integrity and security, in accordance with what establishes the current RGPD. The SERVICE PROVIDER will not be responsible in any case for the incidents that may arise around personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures implemented. or when it is due to a lack of diligence of the CONTRACTOR regarding the guarding and custody of their access codes or their own personal data.
6.6. Veracity of the data.– The CONTRACTOR is responsible for the veracity of their data, committing not to enter false data and to proceed to modify them if necessary.
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SEVENTH.- LIABILITY
The SERVICE PROVIDER will in no case be responsible for:
7.1.-Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the services of the website are constantly operational.
7.2.– Of the production of any type of damage that CONTRACTOR or third parties may cause on the website.
EIGHTH.- COPYRIGHT AND TRADEMARK.– The SERVICE PROVIDER informs that the website www.bacsa.es is fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited. Except for the express consent of the SERVICE PROVIDER. The brands of the products that the SERVICE PROVIDER sells through the website belong to their legitimate owners, as well as the brand todobalanzas.com that belongs to the SERVICE PROVIDER.
NINTH.- APPLICABLE LAW AND ARBITRATION.– These GCC are governed by Spanish law. To resolve any controversy or conflict arising from these GCC, the SERVICE PROVIDER is subject to the criteria for determining competence established in the applicable legislation on consumers and users.
TENTH.- In the event that any clause of these CGC is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. The SERVICE PROVIDER may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly acknowledged by the SERVICE PROVIDER or legal prescription of the corresponding action.
ORDER CANCELLATION POLICY
You have a period of 6 hours from the date of purchase of the product, to cancel the order,
If the order has already entered the preparation process for shipment, this option will not be available. However, you can click Request cancellation, although this is not guaranteed. You will receive an e-mail within 1 hour confirming whether the cancellation has been made.
Orders already shipped cannot be canceled, so neither of the two previous options will be available.
Please note that it is not possible to reactivate canceled orders. If you want to receive any of the products that have been canceled, you must place a new order
.