Terms and conditions of sale of products offered on the website
1. Pre-contract information
These general terms and conditions of Sale as well as any particular terms and conditions that may be established shall expressly regulate the relations arising between CARDONA BALLESTER, S.L. - DEEPS&DEEPS with Vat Code B-98.509.425 and a registered address at Calle Porta Coeli, 27 BAJO-IZQ., 46019 (Valencia, Spain) and Users who purchase the products offered on the website.
The business forms shall be available in Spanish and English.
These present General Terms and Conditions have been produced in accordance with Spanish law: Law 34/2002 on Information Society and Electronic Commerce Services, Law 7/1998 on General Terms and Conditions of Contract, Royal Decree 1906/1999 regulating telephone and electronic contracts with general terms and conditions implementing Article 5.3 of Law 7/1998, General Law 26/1984, for the protection of Consumers and Users, Law 7/1996 on Retail Commerce, Royal-Decree Law 14/1999 regulating Electronic Signatures and all other applicable legal provisions.
Browsing and/or purchasing products from the website means that User unreservedly accepts all these present General Terms and Conditions as well as any Particular Terms and Conditions governing the purchase.
CARDONA BALLESTER, S.L. – DEEPS&DEEPS hereby informs you that the procedures for purchasing the products are the ones described in these present General Terms and Conditions and in any other specific terms and conditions indicated on the screen during navigation, so that User knows and accepts said procedures as a requirement for accessing the products and services offered on the website. User will be able to change and/or correct the data provided during navigation by following the instructions on the web page.
The Products offered on the website shall appear on the screen together with their characteristics and price. CARDONA BALLESTER, S.L. – DEEPS&DEEPS reserves the right to decide at all times what products are on the website and offered to users. Consequently, CARDONA BALLESTER, S.L. - DEEPS&DEEPS may add new products to the website at any time, on the understanding, unless otherwise stated, that said new products shall be governed by the General Terms and Conditions in force at that time. Similarly, CARDONA BALLESTER, S.L.-DEEPS&DEEPS reserves the right to stop providing access at any time and without prior notification to any of the products offered on the website.
2. Product purchase procedure
CARDONA BALLESTER, S.L.-DEEPS&DEEPS will ask Users to register before they can purchase from the website. To register, users must be at least eighteen years old and must follow the instructions displayed on the screen (and any other instructions that may appear on different pages on the website) which will ask them to proceed as follows: (I) complete the electronic form that appears on the web page following the instructions indicated on the page: (II) click on the "CONTINUE" icon/button; (III) reception of email sent to user confirming registration.
The login and password user provides to CARDONA BALLESTER, S.L.-DEEPS&DEEPS are for authentication and authorisation to enable access and purchase from the website and they are personal and non transferable. User cannot change the login but may change the password, in which case the previous password will no longer be valid.
After registering, in order to purchase products, user must choose a product category and then add the item they wish to purchase to their ‘Shopping Basket’, following the instructions on the screen, completing the order form provided and sending it to CARDONA BALLESTER, S.L.- DEEPS&DEEPS, thereby indicating that all these present General Terms and Conditions and any Particular Terms and Conditions have been read and irrevocably accepted. The purchase will be understood to be made at the address of CARDONA BALLESTER, S.L. - DEEPS&DEEPS unless otherwise provided by law.
When the purchase has been made the CARDONA BALLESTER, S.L. - DEEPS&DEEPS system shall automatically send a proof of purchase by e-mail to User/Purchaser. User/Purchaser may request, and CARDONA BALLESTER, S.L.-DEEPS&DEEPS will send the corresponding invoice.
Confirmation of the order and proof of purchase shall not be valid as an invoice. CARDONA BALLESTER, S.L.-DEEPS&DEEPS reserves the right to cancel the login and password and consequently access for website users, be they private individuals, companies or distributors, who keep debit or unpaid balances, and whenever the company deems opportune.
Similarly, CARDONA BALLESTER, S.L.-DEEPS&DEEPS reserves the right not to sell to customers who, after a study, it deems not to be suitable. If the customer has made the payment, it will be refunded.
*NOTE: You are hereby notified that MADE TO ORDER products cannot be cancelled or returned.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS, undertakes to deliver the products purchased by User/Purchaser, to the address User/Purchaser indicates for said purpose on the order form, which may be different to their habitual residence. The order may be sent to their workplace or even to a third person as a gift, or to the transport company's office for the customer to collect (products are not delivered to post boxes), as soon as possible, and in any case, always within thirty (30) calendar days from the date the order is placed, unless it is retained at customs or in any other exceptional case.
If User/Purchaser has to be contacted for any reason before dispatch, the delivery period may be longer.
The daily deadline for dispatching orders from the warehouse is 13:00 hours, but may be later if CARDONA BALLESTER, S.L.-DEEPS&DEEPS deems opportune.
Carrier delivery periods are normally:
(Working days are Monday to Friday, not including public holidays)
- - Iberian Peninsula: 1-2 working days
- - The Balearic Islands: 1-3 working days
- - Andorra and Gibraltar: 1-2 working days
- - Portugal: 1-2 working days
- - France, Monaco, Belgium, the Netherlands and Luxembourg: 2-6 working days
- - Germany, Austria, Italy and the United Kingdom: 3-7 working days
- - Denmark and Sweden: 5-8 working days
- - Hungary, Poland, Czech Republic, Finland, Greece, Ireland and Slovakia: 6-9 working days
- - Bulgaria, Estonia, Latvia, Lithuania, Slovenia and Romania: 7-10 working days
- - Croatia: 9-12 working days
- - The rest of Europe: Depending on the country, 5 to 12 working days
These delivery periods may be affected by changing weather conditions, road works, etc...
We do not ship to the Canary Islands, Ceuta, Melilla and outside Europe, due to the high cost of transport and customs for export and import. In general, shipments from Spain are more expensive compared to other countries. In addition, we do the export of shipments legally, not like other websites, which also entails additional costs for these destinations, in our opinion too high, as is the mandatory DUA export.
Deliveries shall take place over the entire scheduled day, i.e, it is not possible to choose a time for delivery. Delivery shall take place when the sender deems opportune according to the daily route or other reasons. If, when placing the order, User/Purchaser enters a comment specifying a time for delivery, or requesting a telephone call before delivery, these comments will be taken as a suggestion, but never as a condition of delivery, because transport companies generally do not take times into account nor do they want to have to call each addressee.
If the customer is not at the address and/or the telephone provided is not correct or goes unanswered and the transport company cannot deliver the order, User/Purchaser shall have 3 working days to contact the company before the goods are returned.
In such cases the customer shall pay the costs of dispatch if they wish to receive the product again.
4. Price and Method of payment
The purchase prices in force at the time the order is placed are those that appear on the screen, unless there is a typographical error. Prices shall indicate Value Added Tax (VAT) as contemplated by the Spanish government.
However, purchases made by residents in countries outside the European Union shall be exempt from VAT and subject to the payment of any corresponding import tax (customs clearance costs and import taxes are not included in the price of the article or in the price of dispatch and must be paid at destination by User as required).
Due to their special tax regime, the geographical areas of the Canary Islands, Ceuta and Melilla are treated like non-EU countries.
In general, any duty, tax, imposition or broker's commission accruing as a consequence of the purchase and sale of the products and any other expenses stemming therefrom shall be paid by User.
Shipping costs which appear on the screen shall be paid by User and shall depend on the destination, weight and volume of the package.
When User adds a product to the ‘Shopping Basket’, the cost of said product with VAT will appear in the description on the screen, unless the purchase is VAT exempt in which case said exemption shall be automatically taken into account on the basis of the personal data introduced by User before confirming the order. Payment of the price for the products purchased and the cost of delivery, which will appear on the screen, may be made by credit or debit card, bank transfer, or PayPal, depending on the destination and the amount payable.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS hereby informs you that it will not accept payments by bank transfer from outside the European Union.
To proceed with payment, user must follow all the instructions that appear on the screen. If payment is made by credit or debit card, the required information will be: a) type of card; b) card number; c) expiry date; d) and any other information required on the screen.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS has installed an electronic payment system in the form of a payment gateway provided by Banco Sabadell. All data provided for these purposes are encrypted to ensure maximum safety.
Additionally, CARDONA BALLESTER, S.L.-DEEPS&DEEPS hereby states that under no circumstances does it store or have any access to data provided by Users through the payment gateway and that data are only kept while the order is being place, payment is made and until the withdrawal period elapses. In the interests of providing greater safety for credit card holders there is a three-digit number on cards which serves as an identification code to verify the physical presence of the card during online transactions. This 3-digit number is printed on the back of the card (in the part reserved for the signature) immediately after the card number.
Then, as an additional safety measure, a window from your bank will appear by MasterCard SecureCode and Verified by Visa protocol asking you to supply additional data which is not printed on the card. This process is designed to prevent fraudulent transactions with credit cards.
Note: If you choose to pay by bank transfer the products chosen during the purchasing process will be reserved for three working days. To provide us with proof that the transfer has been ordered you can let us know on the contact form indicating your name, order number, amount and the date the transfer was ordered.
Even so, if the money has not been received in CARDONA BALLESTER, S.L.-DEEPS&DEEPS account in that period, attempts would be made to contact the user.
When making a bank transfer or deposit, the customer/user must indicate the order number or at least the full name of the person placing the order in the payment reference. If for any reason it was not possible to indicate that information at the time of the transfer or deposit, please notify CARDONA BALLESTER, S.L.-DEEPS&DEEPS as soon as possible indicating the day and time of the transfer order or deposit and the name, town and address of the originating bank.
5. Withdrawal from orders.
* NOTE: An article will not be considered defective if the origin of the defect is the manufacturer's mould because, in that case, it is the usual quality of manufacture from that particular manufacturer. A manufacturer may have several moulds for the same article and therefore sometimes an article may be manufactured with a small defect and other times not, but this imperfection does not mean the article is defective.
User/Purchaser shall have a period of fourteen (14) calendar days according to the official calendar at the shipment destination, counting from reception by User/Purchaser of the purchased products to resolve the sale and purchase without incurring any penalty or cost whatsoever. In any event, it will be understood that User/Purchaser knows about the withdrawal right after accessing the website which requires these present General Terms and Conditions to be read and accepted and in any case from the moment the order is placed.
In the case of partial return of an order, if a discount was applied to the order based totally or partially on the part to be returned, the cost of the order will be re-calculated without that part and the difference paid, so the discount may be smaller or disappear.
The return procedure shall begin when User/Purchaser sends an e-mail request to firstname.lastname@example.org and dispatches to CARDONA BALLESTER, S.L.-DEEPS&DEEPS who shall reply within 48 hours on working days, not holidays from the time the request is received assigning, as appropriate, a refund number.
When User/Purchaser has received the refund number or a reply to the e-mail the refund may be effected within fourteen calendar days following reception of the shipment to CARDONA BALLESTER, S.L.-DEEPS&DEEPS of the product to be returned (indicating the refund number, if assigned, or the customer’s name and the order number) to the following address: CARDONA BALLESTER, S.L., C/ Porta Coeli, 27, bajo izq., 46019 – Valencia, Spain.
*IMPORTANT No withdrawal is possible from products made according to user specifications or clearly customised products.
*IMPORTANT No withdrawal is possible from downloadable products.
*If User /Purchaser chooses to pay cash on delivery and subsequently proceeds to return the order, CARDONA BALLESTER, S.L.-DEEPS&DEEPS will not refund the cost of this payment method.
*For shipments outside the Iberian Peninsula and the Balearic Islands User/Purchaser who withdraws shall pay administration costs and any customs fees due as a result of returning the order or article to the peninsula.
if any products are not received in good condition, User/Purchaser shall proceed as follows:
Accept the package and if the packaging itself is in poor condition, it is very important to indicate on the transport company's delivery note the reason why you think the package is not in optimum condition. The transport companies do not allow the package to be opened for inspection and so this review must be done by observing the package without opening it.
Subsequently, after reviewing the package contents and verifying their poor condition, you must notify CARDONA BALLESTER, S.L.-DEEPS&DEEPS of the incident.
It is absolutely necessary that User /Purchaser send photos to CARDONA BALLESTER, S.L.-DEEPS&DEEPS of defects or damages where these are appreciated in detail. If the defect or damage is in the article malfunction or its assembly, then it will also be necessary for User /Purchaser to send a video showing clearly the problem at the time of assembly or operation. These photos and videos will assist to CARDONA BALLESTER, S.L.-DEEPS&DEEPS to value that it is really a defect or damage.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS will then ask the transport company to remove the package. When the package has been received, reviewed and its condition verified, the transport company will be sent to deliver an identical article. Hours or days may elapse between collection and dispatch.
PLEASE NOTE: Products for return will not be accepted unless they arrive in perfect condition and in the original packaging.
We do not accept returns on products that have been used, altered or modified.
If User/Purchaser exercises their withdrawal right, CARDONA BALLESTER, S.L.-DEEPS&DEEPS will return the amounts received.
Notwithstanding the above, the right of withdrawal and/or to terminate is precluded in cases where the nature of the products purchased makes it impossible, without prejudice to the corresponding claim for damages.
6. Communications between the parties - Customer Service
For the purposes of these present General Terms and Conditions and for any necessary communication between CARDONA BALLESTER, S.L.-DEEPS&DEEPS and User, Users shall email the Customer Service Department (sending a message to the following address: email@example.com) or write to the Customer Service Department, CARDONA BALLESTER, S.L.- DEEPS&DEEPS at C/ Porta Coeli, 27, bajo izq. 46019 - Valencia, Spain.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS shall communicate with users in accordance with the data they provide when registering on the website. User expressly accepts the use of e-mails as a valid procedure for all communications in connection with use of the website and/or purchase of products.
7. Personal Data Protection Policy
CARDONA BALLESTER, S.L.-DEEPS&DEEPS recognises the importance of protecting the website User's privacy and so it has developed a Personal Data Protection Policy which it hereby announces so that User may freely and voluntarily decide whether it wishes to provide CARDONA BALLESTER, S.L.-DEEPS&DEEPS with personal data that may be requested or obtained as a result of using this website and/or ordering any of the products offered on it.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS reserves the right to amend its Personal Data Protection Policy unilaterally at any time without prior notification to ensure compliance with the legislation in force at all times.
The website contains information that may be of interest to minors under the age of 18. CARDONA BALLESTER, S.L.- DEEPS&DEEPS informs you that no minor is permitted to make any purchase and consequently CARDONA BALLESTER, S.L.- DEEPS&DEEPS shall not intentionally collect personal data from anyone under 18 and as necessary shall eliminate any data that may contain people under 18whenever it becomes aware of such circumstance.
To procure or purchase the products, Users must previously provide CARDONA BALLESTER, S.L.-DEEPS&DEEPS with certain personal data (name and surnames, e-mail address etc.) which CARDONA BALLESTER, S.L.-DEEPS&DEEPS shall process in order to formalise distance selling, manage, administer, provide, extend, improve and adapt the services offered on the website and for any promotional and advertising activities in its sector through any medium which may be of interest to extend and improve its products, tailoring its offers to user preferences and needs based on the study and segmentation of the personal and commercial information on its database as a consequence of user access to the website and to permit customised navigation. This database is owned by the business owner, CARDONA BALLESTER, S.L.-DEEPS&DEEPS.
Pursuant to Organic Law 15/1999 of 13 December on Personal Data Protection, users shall be entitled to access, rectify, cancel and block in accordance with the legislation in force concerning personal data collected as established in the above paragraphs, and for such purposes may write to the above contact address enclosing a photocopy of their National Identity Card, Passport or other equivalent identity document.
User expressly accepts that data gathered during navigation on the website or provided by filling in any form, as well as data deriving from the commercial relationship and/or delivery of products purchased, may be included in the aforementioned database.
During the data collection process and at each place on the website where said data are requested user will be informed by means of a hyperlink, or on the form itself of the obligatory nature or otherwise of said data collection for product delivery. The exception is the data required to place an order which CARDONA BALLESTER, S.L.-DEEPS&DEEPS hereby informs you is not voluntary, and in order to formalise the order, Users must provide their identity, address and the obligatory payment data in order to formalise and conclude the sale.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS undertakes to respect the confidential nature of the data on its database and use them in accordance with the purpose of the database and to fulfil its obligation to safeguard them and adopt all measures to prevent their alteration, loss, unauthorised processing or access pursuant to Royal Decree 1720/2007 of 21 December approving the Regulations implementing Organic Law 15/1999 of 13 December on personal data protection.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS hereby informs you that in order to provide the service contracted by User/Purchaser, personal details such as : e-mail, name, surname and address provided by User/Purchaser shall be transferred to the companies Someva, S.L. (SEUR-DPD) in order to transport the material or product ordered by User/Purchaser. These personal data may also be transferred to CARDONA BALLESTER, S.L.-DEEPS&DEEPS suppliers or to the manufacturers of the items in order to solve any problems or doubts that may arise.
CARDONA BALLESTER, S.L.-DEEPS&DEEPS could make a draw among the buyers of its website, so in that case, CARDONA BALLESTER, S.L.-DEEPS&DEEPS could publicly show the names and surnames of the winner and substitutes of the draw on their social networks.
By accepting these present terms and conditions it is understood that user or purchaser expressly authorises CARDONA BALLESTER, S.L.-DEEPS&DEEPS to process their data exclusively for the aforementioned purposes.
CARDONA BALLESTER S.L. (the “Company”) is an Organisation that processes personal data, this activity means the Company has significant responsibility in the design and organisation of procedures to ensure they comply with the law in this matter.
In the exercise of these responsibilities and with the aim of establishing the general principles that must govern the processing of personal data, the Company has approved this personal data protection policy, notified its Employees and made the policy available to all its stakeholders.
The personal data protection policy is a proactive responsibility measure intended to ensure compliance with the applicable and related legislation on this matter and respect for the right to honour and privacy in the processing of the personal data of anyone connected to the Company.
This personal data protection policy establishes the principles governing data processing in the Company and consequently, the procedures, organisational and safety measures that persons affected by this Policy undertake to implement in their areas of responsibility. For that purpose, the Management will assign responsibilities to the staff who participate in data processing operations.
B) Sphere of application
This personal data protection policy shall apply to the Company, its directors, managers and employees and everyone connected to it, expressly including service providers with access to data (“data processors”).
C) Personal data processing principles
As a general principle, the Company shall scrupulously comply with the legislation on personal data protection and shall be able to demonstrate as much (Principle of “proactive responsibility”), paying particular attention to any processing that may mean a greater risk for the rights of those affected (Principle of “risk focus”).
In relation to the above, CARDONA BALLESTER S.L. shall ensure compliance with the following Principles:
➔ Lawfulness, loyalty, transparency and restriction of purpose. The affected party shall always be informed of data processing, through clauses and other procedures; and data processing will only be considered legitimate if there is consent (with particular attention to minors), or has another valid legitimation and the purpose of the same is compliant with the Regulation.
➔ Data minimisation. Processed data shall be appropriate, relevant and restricted to what is necessary in relation to the processing purposes.
➔ Accuracy. Data will be accurate and as necessary, updated. In this regard, the necessary measures will be adopted to eliminate or rectify without delay personal data which is inaccurate for the processing purposes.
➔ Limitation of the retention period. Data will be kept in a manner that permits identification of the interested parties for no longer than is necessary for processing purposes.
➔ Integrity and Confidentiality. Data will be processed in a way that guarantees appropriate safety of personal data, including protection against unauthorised or unlawful processing and against the loss, destruction or accidental damage to data, by applying the appropriate technical and organisational measures.
➔ Data transfers. It is forbidden to buy or obtain personal data from illegitimate sources or in cases where said data have been gathered or transferred in breach of the law or their legitimate origin is not sufficiently guaranteed.
➔ Contracting suppliers with access to data. Only suppliers that offer sufficient guarantees for the application of appropriate technical and safety measures for data processing will be selected. The Agreement duly signed in this regard with these third parties will be recorded.
➔ International data transfers. Any personal data processing subject to European Union regulations that involves a transfer of data outside the European Economic Area shall be carried out in strict compliance with the requirements established in the applicable law.
➔ Rights of affected parties. The Company shall facilitate to all affected parties the exercise of their rights to access, rectify, eliminate, restrict and object to data processing and their right to data portability, establishing for that purpose internal procedures and in particular, models for exercising said rights as necessary and opportune, which shall satisfy at least the applicable legal requirements in each case.
The Company shall ensure that the principles listed in this personal data protection policy are taken into account (i) in the design and implementation of all work procedures, (ii) in the products and services offered (iii) in all the contracts and obligations formalised and undertaken and (iv) in the introduction of any systems and platforms that permit access of employees or third parties and/or the collection or processing of personal data.
D) Employees' commitment
Our employees have been informed about the present Policy and state they are aware that personal information is one of the Company’s assets and in that respect they will follow the policy and undertake the following:
* To do the training in data protection awareness that the Company makes available to them.
* Apply security measures at user level that are applicable to their work station, without prejudice to any liabilities for their design and implementation that may be attributed to them in relation to their role within CARDONA BALLESTER S.L.
* Use the formats established for the exercise of rights by affected parties and notify the Company immediately so that the response can be made effective.
Inform the Company as soon as they become aware of any deviations from this Policy in particular “personal data safety infringements” using the format established for the purpose.
E) Inspection and evaluation
An annual verification, evaluation and appraisal will be carried out each year, or whenever there are significant changes in data processing, on the effectiveness of the technical and organisational measures to ensure the security of data processing.
8. Copyright and brands
The content and products on the DEEPS&DEEPS website are protected and total or partial reproduction is expressly prohibited without the consent of the holder or owner of said rights.
9. Product differences
The articles in DEEPS&DEEPS may show small differences between the image of the product and the product sent, but they will be minimal. For example: Shoe colour, fabric colour or pattern, etc. You are hereby informed that if these variations are very prominent, we will try to include this information in the description of the article.
10. Laws and applicable jurisdiction
These present General Terms and Conditions and any Particular Terms and Conditions that may be established, shall be construed and governed by Spanish law. The parties expressly submit to the courts and tribunals of the city of Valencia (Valencia - Spain) to resolve any legal dispute arising out of the interpretation and/or compliance with these General Terms and Conditions and any Particular Terms and Conditions, and expressly waive their entitlement to any other venue.