Term of bussiness
General terms and conditions of business for private customers
Antigua casa Balleste.
14706623-D c/Corsega, 33, 4º 3ª
BARCELONA 08010- Spain.
Section 1 General
(1) Contractual services and offers made by Antigua casa Balleste are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with Antigua casa Balleste..
(2) The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by Antigua casa Balleste.
Section 2 Conclusion of contract
(1) By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) Antigua casa Balleste.is entitled to accept the party to the contract's offers within a period of tree weeks from receipt. The contract is concluded if Antigua casa Balleste.provides written confirmation of acceptance of the offer by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by Antigua casa Balleste or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions are non-binding and do not constitute a warranted property in terms of the Spanish Civil Code.
Section 4 Delivery and payment
(1) Antigua casa Balleste is entitled to effect delivery of the goods forming the subject of the contract within a period of tree weeks from the acceptance of the offer by Antigua casa Balleste.
(2) All prices given are in dollars and are inclusive of VAT.
(3) There is a minimum order value of 90$.
(4) The party to the contract may pay by paypal or credit card (see payment methods).
(5) The party to the contract may not assign debts due against Antigua casa Balleste without the express written consent of Antigua casa Balleste.
Section 5 Right of rescission and right to return in case of distance selling contracts
(1) The following provisions do not apply if the data carriers supplied are unsealed. Also, they do not apply to products made according to the contractual partner's specifications or which are obviously tailored to the contractual partner's individual needs.
For Customers from Spain:
Right of return
You can return the received goods without giving reasons within 14 days by returning said goods. The period for returning goods begins at the earliest with the receipt of the instruction for the right of return in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according. To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at our risk and expense.
Please send the goods or your return request to:
Antigua casa Balleste.
c/Corsega, 33, 4º 3ª
Fax: 0034 934 228 502
In the event of an effective return, the goods and payments received by both parties must be returned and if applicable any benefits derived must be restored. In the case of deterioration of the goods and for utilization (e.g. benefits of use) that cannot be returned to us in full or in part or only in an impaired condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. The duty of restitution shall be fulfilled within 30 days. The period commences for you after returning the item or sending the return request, and it begins for us after receiving said item.
End of the return instructions
For Customers from other European countries:
Right of revocation
You have the right to withdraw your declaration of contract without stating a reason within 14 days in written form (e. g. letter, fax, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Art. 246 Para. 2 in connection with Para 1 clause 1 and 2 EGBGB as well as our obligations according to Para. 312g clause 1 Sentence 1 BGB in connection with Art. 246 Para 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the withdrawal or the goods in time. The cancellation has to be sent to:
Antigua casa Balleste.
c/Corsega, 33, 4º 3ª
Fax: 0034 934 228 502
Effects of Revocation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the provided goods and services as well as utilizations (e.g. benefits of use) in total or in part or only in deteriorated condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. Goods, that can be dispatched by parcel, have to be returned on our risk. You shall be responsible for the return costs if the goods supplied complies with the goods ordered and if the price of the goods to be returned does not exceed the amount of 90 $ or - in case the price does exceed the amount of 90 $ - if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The period commences for you after sending the revocation request or returning the goods and it begins for us after receiving said goods.
End of revocation instruction
Section 6 Reservation of ownership
The goods forming the subject of the contract remain the property of Antigua Casa Balleste until they have been paid for in full.
Section 7 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that Antigua Casa Balleste is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to Antigua Casa Balleste together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. Antigua Casa Balleste must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If Antigua Casa Balleste maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet Antigua Casa Balleste high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by Antigua Casa Balleste.
Section 8 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, Antigua Casa Balleste's liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of Antigua Casa Balleste or persons employed in performing contractual obligations for which Antigua Casa Balleste is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which Antigua Casa Balleste is vicariously liable, Antigua Casa Balleste is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, Antigua Casa Balleste's liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9 Concluding provisions
The laws of the Kingdom of Spain, with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG), shall be applicable.
antiguacasaballeste.com, Antigua Casa Balleste, Barcelona, August 2015