General Contract Conditions
First.- Obligations prior to the start of the contract procedure
The User is informed that, in order to agree to the contract or to the use of the products and/or services that are offered on this Website, the User must have prior knowledge of and, where appropriate, accept the General Conditions of Use and Contract which are accessible at all times from this Website and which may be printed and stored by the user.
Second.- Identification of the Contracting Parties
The present General Conditions of Use and Contract for the products and services offered on the Website of PUNT ROMA S.L. (www.puntroma.com) are agreed to, on one hand, by PUNT ROMA S.L. as the service provider, with CIF B61481198 and registered office at C/ OVERLOCAIRE 24-28, 08302 - MATARO, BARCELONA, and on the other, by the User of the end product (the User) whose personal data is that which has been provided on the Website and, in particular, through the form that PUNT ROMA S.L. has put at their disposal for this purpose. By User it is meant any natural person or legal entity who purchases, uses or enjoys any of the products or services offered by PUNT ROMA S.L. or through the intermediary of the Website or who is registered as a user of the Website.
Third.- Obligations of the User
When the User directly enters all the data included in the forms contained on this Website, the User: i. Accepts the obligation to provide truthful, accurate and complete data about his or her identity and legitimacy; ii. Accepts and understands that the responsibility for the authenticity, accuracy, validity and accuracy of the data falls directly and exclusively upon the same since PUNT ROMA S.L., notwithstanding the tasks of verification of the correct and proper nature of the identification data provided, has no means to verify and does not verify the identity of the User; iii. Is recognised to be of legal age and hold the legal capacity and competence necessary in order to subscribe to the products offered by PUNT ROMA S.L., or through the intermediary of PUNT ROMA S.L., on the Website; iv. Understand and agree that this is necessary for the provision of services or for the supply of the products contracted or agreed to through the Website. In the event that the User provides any false, inaccurate or incomplete data, or if PUNT ROMA S.L. has grounds to doubt the truthfulness, accuracy and integrity of data, PUNT ROMA S.L. may deny the User access and/or current or future use of the Website or any of its content, products and/or services. The User must act fairly and in good faith, as well as provide true and accurate data in all his or her dealings with the service provider, making the payment of the amounts corresponding to operations carried out and the relevant delivery costs in the time and manner indicated by PUNT ROMA S.L. The User may not assign his or her User account nor resell to third parties the products of PUNT ROMA S.L. a. Access to the User Account: After the registration of the User through the Website, www.puntroma.com, the User will obtain their identification data (user name and password) for access to and management of their User Account, from which he or she can make Online purchases of products from PUNT ROMA S.L. The user name will always be linked to a valid and up-to-date electronic mail (email) account, it being the responsibility of the User to communicate to the service provider any event that might affect this email account or the service. Notwithstanding the compliance with all the technical and legal requirements that may be required of PUNT ROMA S.L. in this respect, the User will be solely responsible for choosing and specifying a password which is sufficiently secure, as well as maintaining the confidentiality of the same by not giving it away nor communicating it to unauthorised third parties. PUNT ROMA S.L. shall not be held responsible for unauthorised access to the User Account by third parties, nor for the actions they may take through the same, as well as for the loss or theft of this by third-parties. In this regard, the User undertakes to take all necessary action to safeguard the confidentiality of his or her identification, access and management data to his or her User Account on www.puntroma.com including, but not limited to, adequate protection of the email account associated with the User Account, use of firewall, antivirus, etc. b. User Account Management: The User, accessing the account through his or her user name and password, can manage, through the User Account, all operations available relating to the service. Personal information: The User may consult and/or modify his or her personal information associated with his or her account at any time. Any information entered must be true and accurate; otherwise PUNT ROMA S.L. reserves the right to cancel the User Account that contains fraudulent, inaccurate or fictitious data. Information concerning purchases and operations carried out: All transactions made by the User will be reflected in his or her user account, which can be consulted at any time.
Fourth. - Purpose and Description of the Service
These present General Conditions of Use and Contract have as their aim to regulate both the navigation on the Online shop, www.puntroma.com, and the acquisition of any of the products offered therein through the methods of occasional online purchases and online purchases by subscription, and imply the acceptance without reservation on the part of the User, each and every one of the clauses described above. PUNT ROMA S.L. reserves the right to modify these General Conditions of Use and Contract any time and without prior notice to the User, by posting such changes on the Website www.puntroma.com, without prejudice to ensuring the fulfilment of the contracts already agreed to. PUNT ROMA S.L. reserves the right to modify the commercial offer (products, prices, promotions and other commercial and service conditions) described on the Website, www.puntroma.com. If any errors or inaccurate information exists on the Website about any of the prices, products or descriptions thereof, and which have directly motivated the User to enter into the contract, he or she shall have the right to cancel the purchase free of charge. The present General Conditions of Contract have to complement each other and form an integral part of the Terms and Conditions of Use and Contract as well as the Privacy and Protection of Data of a Personal Nature Policy of this Website (this will be hereinafter referred to jointly as the Terms and Conditions) and with those Specific Conditions that, where appropriate, may apply. The Terms and Conditions have been developed by PUNT ROMA S.L. in accordance with the applicable regulations, in particular: in accordance with provisions of the Organic Law 15/1999, of 13th December, on Protection of Data of a Personal Nature; Royal Decree 1720/2007, of 21st December, by which the Regulation of Measures of Security of Computerised Files Containing Data of a Personal Nature were approved; the Law 34/2002, of 11th July, on Services of the Information Society and Electronic Commerce; the Law 23/2003 of 10th July, on Guarantees of the Sale of Consumer Goods; the Law 7/1996 of 15th January, on Regulation of the Retail Trade; and the Royal Decree 1/2007 of 16th November by which the revised text of the General Law for the Protection of Consumers and Users was approved; and other complementary laws. The access, navigation and the contracting of any of the products offered by the PUNT ROMA, S.L. Website requires and, therefore implies, the express acceptance of the Terms and Conditions without reservation on the part of the User, whether or not they are a registered user, and therefore, registered with the Website of PUNT ROMA S.L.
Fifth.- Contract process
5.1.- Registering for Services For access to those products, both those offered for payment and those provided free of charge, offered on the PUNT ROMA S.L. Website in which it becomes necessary to collect the personal data of the User, it is understood that, by completing and sending this or any other form incorporated into this present Website, the User provides the same freely and voluntarily, and expressly consents and authorises PUNT ROMA S.L. to collect and treat automatically all the personal data requested which is necessary to carry out the goals and objectives listed throughout the Terms and Conditions. 5.2.- Protection, Collection and Treatment of Data of a Personal Nature of the User PUNT ROMA S.L. declares that the personal data provided by users will be treated in accordance with the regulatory provisions in force on the matter, in particular, compliance with the provisions of: the Organic Law 15/1999, of 13th December, on Protection of Data of a Personal Nature; Royal Decree 1720/2007, of 21st December, by which the Regulation of Measures of Security of Computerised Files Containing Data of a Personal Nature were approved; as well as the Law 34/2002, of 11th July, on Services of the Information Society and Electronic Commerce; or the regulatory provisions which replace them. The personal data supplied by Users will be treated with absolute confidentiality and will be protected in accordance with the applicable regulatory provisions relating to personal data, in particular those referred to in the preceding paragraph. By indicating, providing or entering their data, and in accordance with the provisions of article 6 of the Law on Personal Data, the User grants unequivocal consent to PUNT ROMA S.L. in order to proceed, pursuant to the purposes mentioned, with the treatment of the personal data provided. Likewise, such consent extends to the transfer of data in accordance, and in strict compliance, with the powers granted under the applicable legislation. Access to the User’s personal data will be carried out by personnel who are authorised and who are themselves also subject to an obligation of secrecy, and they will treat the data in accordance with the Law on the Protection of Data 15/1999 as well as the Royal Decree 1702/2007 as implemented, not being able to use it, in any case whatsoever, for purposes different to those authorised herein, nor for commercial nor advertising purposes, as well as not being able to assign it to third parties. At any time the User may exercise the rights of access, rectification, opposition and, where appropriate, cancellation, by writing with his or her details to PUNT ROMA S.L. C/ OVERLOCAIRE 24-28, 08302 - MATARÓ, BARCELONA. PUNT ROMA S.L. reserves the right to modify, at any time and without prior notice, these Terms and Conditions to suit the new legislation or jurisprudence as well as modifications or industry practices, taking into account at all times the legitimate interests of Users, and the User must periodically check these conditions, terms and policies in order to verify or assure themselves of the existence of any modifications or changes to the same, taking as a reference the date of the last update. All this without effecting changes to contracts already agreed to. It should be noted that certain products offered to Users may contain Specific Contractual Conditions which, where appropriate, will replace, modify and/or complement the Terms and Conditions, in which case the prior reading and acceptance of the same will also be necessary.
Sixth.- Provision of the Service
• The pecuniary nature of most of the services provided The contracting of and the subscription to the majority of the products accessible by Users of the Website of PUNT ROMA S.L. requires prior remuneration by the User, to the effect that they may use or dispose of the products and services offered on this Website. Notwithstanding the fact that simply browsing this Website is free of charge, the contracting of the products offered on the Website, whether free of charge or not, will require the prior subscription or completion of a form by the user.
• Form for the provision of the service The provision of such services shall be governed according to the Terms and Conditions and, where appropriate, in accordance with the relevant Particular Contract Conditions applicable to those services for which they have been specified. The user understands that the information contained within the Terms and Conditions, as well as the descriptions of the various products and services offered on the Website by PUNT ROMA S.L., are sufficient and enough for the exclusion of error or confusion in the formulation of the consent.
Seventh.- Right of Withdrawal
In accordance with the provisions set out in the Royal Legislative Decree 1/2007 of 16th November, by which the revised text of the General Law for the Protection of Consumers and Customers was approved, and other complementary laws, PUNT ROMA S.L. advises Customers: The Customer may exercise his or her right of withdrawal within the maximum period of 14 calendar days from the moment of receipt of the product, exercising this right to PUNT ROMA S.L. by email to firstname.lastname@example.org. As regards the process of withdrawal, the Customer must fulfil the following conditions: i. The Customer shall inform PUNT ROMA S.L. of his or her willingness to exercise his or her right of withdrawal through the abovementioned methods to the Customer Service Department. In order to exercise the right of withdrawal, customer may use the means made available either by using “my orders” section or the model withdrawal form. ii. The Customer is obliged to return the packaged product, with its corresponding seal intact and without signs of having been tampered with or opened, directly to the address which can be obtained by any means from the Customer Services Department. iii. In cases where PUNT ROMA S.L. detects any kind of manipulation or damage due to use by the Customer that prevents the return, the Customer, in accordance with the provisions of article 75 of the Royal Decree 1/2007, will be liable for the market value of the property at the time the right of withdrawal is exercised. The consumer will be only responsible if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature, characteristics or functioning. For the exercise of the right of withdrawal, it is essential that the Customer send the product to PUNT ROMA S.L. in the form and state in which it was acquired without having been used and in its packaging, in such a way that any damage during transport is impossible. PUNT ROMA S.L. will accept the return of products that are found to be intact. Regarding products that require opening in order to ascertain their correct functioning, PUNT ROMA S.L. will require that the specific product is in perfect condition with all its parts, accessories and packaging without which no return may be processed that does not comply with these requirements. iv. Having processed the request for withdrawal and verified compliance with the above conditions, PUNT ROMA S.L. will pay the Customer the amount in full for this within 14 calendar days from the date that PUNT ROMA, S.L. was informed of the exercise of the right of withdrawal. Payment of the abovementioned amount to the Customer shall be made by means of the payment method used by the particular Customer in their initial payment. In accordance with that set out in article 103 of the Royal Decree 1/2007, the exercise of the right of withdrawal will not be possible in those cases in which the products acquired are products manufactured to consumer specifications or are clearly personalised or which, by their nature, cannot be returned or may deteriorate or expire rapidly. If the customer who decides to exercise his right of withdrawal within a period of 14 calendar days from the moment of the receipt the product, expressly chose at the moment of the purchase the home delivery of the purchase made, voluntarily assuming the payment of the cost of this transport service, this person will receive the payment and the same shipping costs of the goods paid and detailed in the delivery note or invoice of the purchase.
Eighth.- Exchanges of products in poor condition or due to delivery error. Cancellation of order
Exchanges of products in poor condition or due to error in delivery must be communicated within a reasonable period from receipt by "Request for Return of Orders" (online return form), indicating the order number, the items to be returned and the reasons for the return. Once the product has been received, PUNT ROMA S.L. will check for defects or errors and, once it has been checked that it agrees, it will refund the requested garments or the defect will be corrected if the Customer has chosen this solution. The return of the product will take place provided that any errors or defects have been checked and provided that the original packaging remains intact. All costs of transport and insurance for the return and replacement of the goods in cases of defective goods or errors in the delivery shall be borne by PUNT ROMA S.L. Cancellation of an order must be made prior to the shipment of the product. In this case, PUNT ROMA S.L. will proceed with the refund of the amount without any charge to the Customer.
Ninth.- Products not available
In the exceptional case that the Customer purchases a product which, for reasons arising from technical or computer incidents, were not available and provided that he or she had not been informed of such a situation, PUNT ROMA S.L. will refund the amount paid by the Customer, through the same method as used for their original payment of the same. In this case, the consumer and Customer may exercise their right of withdrawal and resolution without the costs of return being payable.
Tenth.- Contract process
Due to article 23 of the Law 34/2002, of 11th July, on Services of the Society of Information and Electronic Commerce, contracts concluded electronically, such as this present, will be fully effective and are provided for by the legal system, provided that consent has been given and other requirements for its validity have been met. These contract conditions are available to all Customers of PUNT ROMA S.L. freely and without charge. Access to the contract process is completely free of charge, without any associated additional costs, apart from those belonging to the Customer in having an Internet connection. Each and every one of the offered products are properly described in the product record that will always be available to Customers, it being understood that this does not include matters that specifically would not have been stated in the same. It will be considered that the purchase has been completed once the Customer has pressed the "Purchase" button, it being understood that following of all stages of the electronic contract procedure and the inclusion of all the requested data represents, together with the final express acceptance of the present conditions, a clear and direct demonstration of the will of the end-Customer's acceptance of these general contract conditions. PUNT ROMA S.L., as a provider of services of the Information Society, will store, on a durable medium, the electronic document in which this agreement is set out. The said electronic document will be accessible to the User through the link that will be provided in the confirmation email, from where it can be printed. Unless otherwise indicated, the language in which the contract procedure will be processed and in which this agreement is set out will be in Spanish, notwithstanding the compliance with the obligations arising from legislation regarding language policy and protection of consumers and users of the different Spanish autonomous communities. Once the purchase has been completed, PUNT ROMA S.L. will send the Customer the corresponding email in which will be stated the availability of the product purchased, informing the Client, once the existence of the product has been verified, the state of the order and approximate delivery time. In the event that the requested product is not available, PUNT ROMA S.L. shall inform the Customer promptly, indicating the approximate time period in which the product will become available.
Eleventh.- Rates and Forms of Payment
The prices of the products offered on the Website www.puntroma.com are expressed in Euros and include relevant IVA (VAT). The prices valid at the time of purchasing products from PUNT ROMA S.L. may be consulted at any time and prior to the payment for the same, through the Website www.puntroma.com during the services contract procedure through the User Account, and in the purchase confirmation email.
The payments for transactions made through www.puntroma.com can be made through: on-line purchases can be paid for using Visa, Visa Electron, MasterCard, 4b, and EURO6000 cards.
PUNT ROMA S.L. will process the purchase once it has received the appropriate confirmation from the relevant banking institution. If the buying process is interrupted for any reason, or if the amount paid does not meet the amount due (including management fees and bank commissions), PUNT ROMA S.L. will suspend the process, informing the Customer.
Twelfth.- Packing and delivery of the products purchased
PUNT ROMA S.L. will deliver the purchased product to the Customer in secure packaging. PUNT ROMA S.L. will send orders through the services of a courier company, provided that Customer has not expressly stated at the time of purchase that they wish to collect it personally from any of the available PUNT ROMA points of sale. The exact date of delivery will be indicated to the Customer in each case and always by the email sent by PUNT ROMA S.L. as confirmation of the order, the said period depending on the availability of the product purchased. The form of shipment and the place of delivery. In terms of the place of delivery, PUNT ROMA S.L. hereby informs Customers that this should always be in the Spanish territory (deliveries only to the Spanish peninsula and the Balearic Islands). Delivery costs, if any, shall be borne by the Customer and will be indicated to them in the purchasing process at the checkout corresponding to each purchase. Shipment of the products purchased will be made through the courier service contracted by PUNT ROMA S.L. Currently and, without prejudice to changing the specific courier company and thereby the terms of delivery, the service is provided by couriers and delivery time ranges between one and three days (72 hours) after a Customer's order is ready and available in the warehouse. Where the product requested is not in stock, PUNT ROMA S.L. will duly inform the Customer of the time period in which the product will become available. The product will be sent to the address provided by the Customer, on Mondays to Fridays (working days). The transport costs will be: Delivery to mainland Spain and Balearic Islands €6,00 per package In whatever case, the cost of postage will be confirmed by PUNT ROMA S.L. prior to the completion of the purchase. These prices will be subject to any amendment by the provider company of the courier service. In whatever case, the cost of transport will be confirmed by PUNT ROMA S.L. prior to the completion of the purchase.
Thirteenth.- Guarantees. After-sales service
The products offered by PUNT ROMA S.L. are original to the brand, with the guarantee of the manufacturer and without any defect; all of these are subject to the legally established guarantee periods. PUNT ROMA S.L. has an aftersales service to resolve any problems that may arise with our products and articles. The Customer may contact our aftersales service through the following means: Telephone: 00 34 902416060 Email: email@example.com
PUNT ROMA S.L. is committed to the content, data or information concerning products offered on its Website, being truthful, accurate, and reliable, making itself accountable for advertised prices and characteristics. All images entered on the platform are non-contractual, which may vary depending on the manufacturer, even though we always ensure that the product descriptions are as accurate as possible. PUNT ROMA S.L. states that it is not the manufacturer of the products offered on its Website so any liability for any defective product will be directly and exclusively attributable to the manufacturer of the product. In any case, PUNT ROMA S.L. undertakes to provide the information required so that the User can properly contact the relevant manufacturer. All the products offered have legally recognised guarantee periods. The parties undertake to comply with their legal and contractual obligations generated under this agreement. If a party does not meet any of its obligations, or seeks to hinder the fulfilment by the other party of theirs, it will generate the right of the other party to claim compensation for the damages or loss caused, both for consequential damage and for loss of earnings in accordance with the current legislation PUNT ROMA S.L. will not be liable in the event of unavailability of the product, or inability to deliver caused by force majeure, theft or loss of vouchers or error in the order or the data provided by the Customer. However, in such cases, PUNT ROMA S.L. will immediately contact the Customer in order to find the best solution to the case. PUNT ROMA S.L. will use all commercial and technical efforts within its powers to maintain as available its services through the Website, which constitutes an obligation that, however, shall not apply to any lack of availability or performance caused by: • Temporary inactivity of the Website due to updating and/or technical maintenance. • Causes beyond the control of PUNT ROMA S.L.: force majeure, problems of access to the Internet, technological problems beyond diligent and reasonable management of the owner of the Website, actions or omissions of third parties, etc. Provided that the cases to which reference has been made are outside the control and the diligence due by the owner, there will be no compensation by PUNT ROMA S.L. to the Customer for loss of earnings, loss or damage. In case of closure or suspension of the Website by causes beyond the control of the parties, the Customer will be promptly informed of the transfer of the service to a new domain, modifying only the provisions of this present contract with regard to the domain in which the platform is active
Fifteenth:- Applicable regulations
The provision of services made by PUNT ROMA S.L., which are offered through its Website, shall be governed by and interpreted in accordance with the provisions of the Terms and Conditions set out herein or, where appropriate, by the Specific Contract Conditions established to such effect, as well as, in that which has not been set out in the provisions of this agreement in the matters of interpretation validity and enforcement, that set out in the Spanish regulatory provisions that are current and applicable to the matter, with particular attention to the legislation on the protection of consumers and users.
Sixteenth.- Competent Courts
Both parties declare as the competent jurisdiction for the hearing of disputes that may arise from the interpretation of the present contract would be that which arises from the application of the applicable criteria of the legislation on protection of consumers and users relating to this point. In order to make claims based on the use of our services, the Customer can contact us by mail at the electronic address firstname.lastname@example.org, we being committed to seeking, at all times, an amicable solution to the dispute and, in all cases, to answer within the legal deadline.
Customers will be able as well to go to the dispute resolution online platform made available by TU EUROPA portal , through the following link: https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/out-of-court-procedures/index_es.htm
These present General Conditions of Use and Contract regulate the registration, access and use of the services provided to the User by PUNT ROMA S.L. as a service provider, with CIF (Certificate of Fiscal Identification) No. B61481198 and registered offices at C/ OVERLOCAIRE 24-28, 08302 - MATARÓ, BARCELONA.