The terms used below have, in these General Conditions, the following meaning:

 

• "CLIENT": refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CLIENT acts outside of any usual or commercial activity.
• "DELIVERY": refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
•  "PRODUCTS": refers to the set of products available on the WEBSITE.
•  "TERRITORY": refers to SPAIN.

These General Conditions regulate the sale by the SELLER to his CUSTOMERS of the PRODUCTS.

The CLIENT is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must contact the SELLER's commercial service in order to benefit from specific contractual conditions.

If the CLIENT does not accept these terms and conditions, please refrain from continuing to use our WEBSITE.

 

In order to buy any PRODUCT, the CLIENT must be over 18 years of age and have sufficient legal capacity or, if younger, be able to justify the permission of their legal representatives. The CLIENT is invited to provide the necessary information to identify him, completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The DELIVERY can be monitored, where appropriate, by online or by certain carriers. The CUSTOMER may also contact the SELLER's commercial service at any time by email, using the monitoring instruments at tom@vintage-sights.com, in order to obtain information on the status of their order.

The information that the CLIENT provides to the SELLER at the time of placing the order must be complete, exact and up-to-date. The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

       

Article 6. Right of withdrawal

The modalities of the right of withdrawal are provided for in the "withdrawal policy", available in Appendix 1 to these General Conditions and accessible under each page of the WEBSITE via hyperlink.

Article 7. Payment

 

All contracts concluded by the CLIENT corresponding to an order over € 120 (including taxes) will be filed by the SELLER for a period of 5 years.

The SELLER agrees to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.

In the event of a dispute, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.
 

Article 9. Transfer of ownership.

The SELLER remains the owner of the PRODUCTS delivered until the moment of full payment by the CLIENT.

The foregoing provisions are not an obstacle to transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation property, as well as the risks of damage that may entail.
 

Article 10. Delivery

The DELIVERY modalities of the PRODUCTS are those foreseen in the "delivery policy" contemplated in Annex 2 of these General Conditions and accessible under each page of the WEBSITE via hyperlink.
 

The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. CUSTOMERS agree to respect the same rules when returning the PRODUCTS in accordance with the conditions set forth in Appendix 1 - Withdrawal Policy.

12.1. Compliance guarantee.

The SELLER undertakes to deliver a PRODUCT in accordance, that is, proper to the expected use consisting of a similar good, corresponding to the description provided on the WEBSITE. This conformity also supposes that the PRODUCT presents the qualities that a buyer can legitimately expect regarding the public declarations made by the SELLER, including promotion and labeling.

In this framework, the SELLER is liable to respond to existing conformity defects at the time of delivery and to the lack of conformity resulting from the packaging, assembly instructions or installation when it is commissioned or has been carried out under your responsibility.

The action derived from lack of conformity prescribes two (2) years from the delivery of the PRODUCT.

In case of lack of conformity, the CLIENT may request, at his choice, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the CLIENT's choice is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with the refund, without attending to the option chosen for the client.

Article 13. Responsibility.

The responsibility of the SELLER may not be established in any case in case of non-execution or bad execution of the contractual obligations attributable to the CLIENT, when carrying out his order.

The SELLER may not be responsible, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or to a fortuitous case as defined by the jurisprudence of the Spanish Courts.

It is also specified that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. The hyperlinks to these web pages are given for information only and do not imply any guarantee on their content.
  The SELLER collects personal data of its CLIENTS on the WEBSITE, including through cookies. CUSTOMERS can disable cookies by following the instructions given by their browsers. More information about our cookie policy is provided in Article 15 of these General Conditions of Sale.

         14.1 Responsible for the treatment:

The SELLER, with address at […].

         14.2 Obtaining your data:


The data that we have of you are those that you have provided us initially and those that are generated during the relationship and interactions.

         14.3 Purposes of the treatment:

The data collected by the SELLER will be used in order to process their orders made through the WEBSITE, manage the CLIENT's account, analyze their orders and send them emails for promotional purposes, newsletters, promotional offers and / or information on products and services similar to those acquired, except if the CLIENT does not wish to receive such communications from the SELLER.

CUSTOMERS may object to receiving promotional emails at any time by accessing their account or clicking on the hyperlink provided for this purpose under each offer received by email, or by sending an email to the Data Protection Officer.

 

Provider's name	Cookie  Purpose	Description of the purpose of the cookie	If you want more information about the use of cookies from this third party

You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer. In case you do not allow the installation of cookies in your browser, you may not be able to access any of the sections of our web.
 

Article 15. Claims

The SELLER makes available to the CLIENT a "Telephone Customer Service" with the following number: +34 606 960551 (normal charge telephone number). All written complaint of the CLIENT must be transmitted to the following postal address and email (email): Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain,
 

Article 16. Intellectual property

All the visual and sound elements of the WEBSITE, including the underlying technology used, are protected by the corresponding copyright, trademark or patent rights.

These elements are the exclusive property of the SELLER. Any person who publishes a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.

This authorization of the SELLER will not be definitively agreed in any case. This hyperlink must be removed at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as focusing (framing) or inserting hypertexts (in-line linking) are strictly prohibited.
 

Article 17. Validity of the General Conditions

Any modification of the legislation or regulations in force, or any decision of the competent court invalidating one or more clauses of these General Conditions may not affect the validity of the rest of them.

Such modification or decision does not authorize CUSTOMERS in any case to ignore these General Conditions.

All the conditions not expressly dealt with in these will be regulated in accordance with the uses of the private sector of commerce.
 

Article 18. Modifications of the General Conditions

These General Conditions apply to all purchases made online on the WEBSITE, provided that the WEBSITE is available.

The General Conditions will be precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions will be those in force at the time of the order.

The modifications made in the General Conditions will not be applicable to PRODUCTS already purchased.
 

Article 19. Competition and applicable law

THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN CLIENT AND SELLER ARE GOVERNED BY SPANISH LAW.

IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.

Likewise, prior to any arbitration or court appeal, the negotiation between the parties will prevail in a spirit of loyalty and good faith in order to reach a friendly agreement to resolve any conflict related to this contract, including its validity.

The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences will be submitted to the jurisdiction established below.

During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict under negotiation. As an exception, the parties will be authorized to go to the jurisdiction of the precautionary measures or the implementation of a procedure does not entail the waiver of any friendly agreement clause, except where expressly contrary will.
 

Appendix 1


WITHDRAWL POLICY

Principle of withdrawal

The Customer has, as a matter of principle, the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and no later than fourteen (14) days after the communication of his notification of withdrawal, unless the SELLER proposes to recover the PRODUCT himself.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes possession of the PRODUCT.

In case the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire in fourteen (14) calendar days after the day in which the CLIENT, or a third party other than the carrier and designated by the client, takes possession of the last PRODUCT delivered.

If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire in fourteen (14) calendar days after the day in which the CLIENT, or a third party other than the carrier and designated by the customer, take possession of the last PRODUCT delivered.

Notification of the right of withdrawal.

To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw by means of a statement made unequivocally (for example, by letter sent by mail, fax or email) to: Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain or tom@vintage-sights.com

For this purpose, you can also use the following form:

In order for the right of withdrawal to be respected, the CLIENT must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.

Effects of withdrawal

In the event of withdrawal by the CLIENT, the SELLER agrees to reimburse him in full the sums paid, including delivery costs (with the exception of supplementary costs, originated in his case, by the CLIENT's choice of a different mode of transport to the standard proposed by the SELLER) without excessive delays and, in any case, at the latest in the following fourteen (14) calendar days after the day the SELLER was informed of the CLIENT's will to desist.

The SELLER will proceed with the reimbursement using the same means of payment as the one used for the initial transmission, unless the CLIENT expressly agrees to a different means, in any case, this reimbursement will not incur any cost to the CLIENT.

The SELLER may defer the refund until receipt of the good or until the CLIENT shows proof of having shipped the good, the date retained will be the first of these two.

Return modalities

The CLIENT must, without undue delay and, in any case, no later than fourteen (14) days after the communication of his decision to withdraw from this contract, forward the property to: Poligono 16 Son Monserrat 385 - 07620 Llucmajor - Balearic Islands - Spain

This term is understood to be respected if the CLIENT sends the PRODUCT before the expiration of fourteen (14) days.

Devolution costs

The SELLER will bear the direct costs of forwarding.

State of the returned property

The PRODUCT must be returned following the SELLER's instructions and including all the accessories delivered.

The CLIENT's responsibility does not proceed except for the depreciation of the property resulting from other manipulations than those derived from normal use of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but cannot be held liable if it comes from manipulations other than ordinary use of it.

Packaging

The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENT must respect the same rules for the return of the same. In this sense, the CLIENT may return the PRODUCT that does not suit him in its original packaging and in good condition, ready for re-marketing.

Exclusion of the right of withdrawal

The right of withdrawal is excluded in the following cases:

     - Supply of goods or services whose price depends on fluctuations in the financial market.
     - Supply of goods made according to customer specifications or clearly personalized.
     - Supply of goods that may deteriorate or expire quickly.
     - Supply of audio or video recordings or sealed programs that have been unsealed after delivery.
     - Newspapers or magazines (except subscription contract).
   - Provision of accommodation services for purposes other than residential, transportation of goods, car rental, catering or services related to leisure activities if the offer provides for a specific execution date.
     - Supply of goods that by their nature require to be combined with other products.
     - Supply of sealed goods that cannot be forwarded for protection reasons
    - Supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on the fluctuation of the market and beyond the influence of the SELLER.
   - Supply of a content number not supplied in a dematerialized way if the execution has begun with the prior agreement of the consumer, who has also recognized that he will lose his right of withdrawal.
    - Contracts formalized in public auctions.
 

Delivery area

PRODUCTS can only be delivered to the TERRITORY. Being impossible to place an order whose delivery address is located outside it.

The PRODUCTS will be sent to the delivery address (es) that the CLIENT will indicate in the order procedure.

Delivery time

The deadline to prepare an order and establish the invoice, before the shipment of the PRODUCTS in stock is mentioned on the WEBSITE. These deadlines will be understood without counting weekends and holidays.

An email will be automatically sent to the CLIENT at the time of sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.

Delivery time and costs

In the course of the order process, the SELLER will indicate to the CLIENT the terms and possible shipping formulas for the purchased PRODUCTS.

Shipping costs will be calculated based on the mode of delivery.

The amount of these costs will be due by the CLIENT in payment different from that of the PRODUCTS purchased.

The details of the terms and delivery costs will be detailed on the WEBSITE.

DELIVERY METHODS

The package will be delivered to the CLIENT after signing and presenting their identity document.

In case of absence, the CUSTOMER will be given notice, so that they can collect the PRODUCT from the nearest post office.

DELIVERY problems

The CLIENT will be informed of the delivery date set at the time of the carrier's choice, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made no later than thirty (30) days. In the absence of delivery, the CLIENT must request the SELLER to deliver within a reasonable period of time and if he cannot terminate the contract.

The SELLER will reimburse, without excessive delay from the date of receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CLIENT for the purchase of the PRODUCTS.

The SELLER will be responsible for the delivery of the PRODUCT to the CLIENT. It should be remembered that the CLIENT has a period of three (3) days to notify the carrier of the breakdowns or partial losses verified by the delivery.