This contractual document will govern the General Terms and Conditions for the contracting of products (hereinafter, "Conditions") through the barrio-obrero.com/es/ website, owned by Daniel Homedes Pares under the name of Barrio Obrero, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms and Conditions will remain published on the website available to the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those that are in force at the time of placing orders will be applicable. The PROVIDER will file the electronic document where the purchase is formalized and will have it available to the USER if requested.
Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend what is stated here.
- He is a person with sufficient capacity to hire.
- Assumes all obligations set forth herein.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is Daniel Homedes Pares, with registered office at Calle Aribau, 168 1º1ª, 08036 Barcelona, NIF 47641880W, customer service telephone number 615450083 and email firstname.lastname@example.org. The postal address is for the purposes of official notifications only, for the management of returns and exchanges please review clause 13 of this contract.
And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Subject matter of the contract
The purpose of this contract is to regulate the contractual relationship of sale arising between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email@example.com email so that the PROVIDER can correct them as soon as possible.
The USER may keep his/her data up to date by accessing his/her user account.
To place an order, the USER can register an account on the website with his/her email address or do so as a guest without the need to register and create a previous account.
In the case of creating an account, the USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party. so that it proceeds to the immediate blocking.
Orders can also be placed via phone/WhatsApp through the 615450083 number, by email through the firstname.lastname@example.org account or through social networks such as Instagram through private messaging.
Once the user account has been created or it is done as a guest, or it is done by telephone or email, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General Contracting Clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online Claims and Dispute Resolution.
5. Force Majeure.
7. Offer Overview.
8. Price and Validity of the Offer.
9. Transportation costs.
10. Method of payment, expenses and discounts.
11. Purchase Process.
12. Dissociation and Suspension or Termination of the Contract.
13. Warranties and Returns.
14. Governing Law and Jurisdiction.
1. GENERAL CONTRACT CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments of goods within the national territory are made through Correos. In the case of international shipments, the Correos system can be used or through couriers, choosing the most economical way for the USER.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.
The delivery time is approximately 3 working days, unless there is an incident which will be communicated and previously informed by email to the USER. In any case, the expected date of dispatch and delivery will be provided prior to the confirmation of the order.
Failure to execute the contract remotely
In the event of not being able to execute the contract because the contracted product is not available within the established period, the USER will be informed of the lack of availability and that he/she will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
Delivery will be deemed to have been made at the time when Correos has made the products available to the USER and the USER, or the USER's delegate, has signed the document receiving the delivery.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of such lack of conformity, the reduction of the price or the termination of the contract.
The USER shall have the right to suspend the payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the responsibility of the USER to verify the products upon receipt and to set out all the qualifications and claims that may be justified in the document of receipt of the delivery.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://barrio-obrero.com/es//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the date of expiry of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to email@example.com, indicating the corresponding order or the data indicated in the purchase process by the USER.
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
The PROVIDER informs that the USER has Complaint Forms available to users or consumers who request them, they can access them by requesting them electronically through the following link https://web.gencat.cat/es/tramits/tramits-temes/Peticio-dels-fulls-oficials-de-queixa-reclamacio-denuncia in the same way, even if it is not through a Complaint Form, any claim that the user or consumer considers appropriate to make will be dealt with as soon as possible, at any of the following contact details of the PROVIDER:
Postal: Barrio Obrero, P.O. Box 34.184- 08080 Barcelona
Phone : 615450083
E-mail : firstname.lastname@example.org
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
ODR Platform Link: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to cause majeure. Compliance with the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms is held to be void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these Terms and Conditions in their entirety.
7. OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these Terms and Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal ofthe PROVIDER or to the provisions herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional and ancillary services to the product purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you will be able to check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, prices will remain the same whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he/she has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. You can download the invoice in PDF format by accessing the management panel of the website with the user account. If you wish to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 615450083 or via email to the address email@example.com.
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping costs.
For shipments to the Iberian Peninsula and the Balearic Islands:
Shipping costs for shipments to the Peninsula and the Balearic Islands are fixed at €5.90 for all orders that do not exceed €150. For orders over 150 euros, no shipping costs will be generated, which are free of charge.
If you choose the cash on delivery option as a form of payment, a 1% surcharge will be applied to the Correos commission for handling the payment. This commission will be applied to the result of adding the 5.90 euros shipping to the price of the product, and on the result of this sum, 1% will be applied.
Prepaid orders are shipped with home delivery or the address indicated on the order.
Cash on delivery orders are collected and paid for at the corresponding post office according to the postal code of the USER's address.
For shipments to the Canary Islands, Ceuta, Melilla and others:
For shipments outside the mainland and the Balearic Islands, the shipping costs will be calculated once the contracted order has been prepared according to the weight and dimensions of the package.
10. PAYMENT METHODS, FEES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following ways to pay for an order:
- Credit Card
- Pay Pal
- Cash on delivery
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data, firewalls, access control procedures, and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The LENDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the same or negatively influence them.
The sale or offering of a product or service that does not comply with all applicable laws to the Purchaser, Issuing Bank, Merchant or Cardholder is prohibited under the Card Brand Programs.
11. PURCHASE PROCESS
Any product from our catalogue can be added to the cart. In this, only the items, quantity, price, and total amount will be observed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalization:
- - Checking billing details.
- - Verification of the shipping address.
- - Selection of the payment method.
- - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.
Prior to order confirmation, information will be provided on the status of the order and the approximate shipping and/or delivery date.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be held to be unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this agreement or any legal provision, license, regulation, directive, code of practice or policies applicable to it.
Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
The guarantees will respond to the provisions of the Title referred to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here
No product handled by the USER will be excha