General Terms and Conditions
1) Purpose and scope of application. Company identity and contact information
The purpose of these General Terms and Conditions is to regulate the relationship between HISPANO SUIZA CARS, S.L. (hereinafter HISPANO SUIZA), with Corporate Tax ID number B-67328260, responsible for the product purchased, and you (hereinafter the Customer), relating to all transactions made through this website.
2) Acceptance and proof of acceptance
To use the shopping services of the website, as well as any of the services offered by HISPANO SUIZA, you must be of legal age. The purchase of products made through the website by clicking on the button ‘ORDER / GO TO PAYPAL’, as well as the subsequent payment, expresses full acceptance of each and every one of the General Terms and Conditions, without the application of any changes that may occur in the clauses of the General Terms and Conditions at a later date. In case of any change that could affect the contracted service, you will be informed in due time.
From the moment of acceptance, the user acquires the status of HISPANO SUIZA Customer as described in these General Terms and Conditions. Any product or service subsequently offered by HISPANO SUIZA must be the subject of a new purchase contract.
HISPANO SUIZA informs you that it stores the electronic documents in which purchases are formalized. You can also consult these General Terms and Conditions at any time on our website through the appropriate links.
Once you have expressly accepted these General Terms and Conditions, we will send you proof of the purchase made, with all applicable terms, by e-mail within 24 hours of the purchase. If we do not have your e-mail address, the confirmation may be sent by post, in which case the term may be extended by a few days.
Some products may be subject to availability. The platform does not enable you to contract or purchase products that are not available. Notwithstanding the foregoing, and exceptionally, there may be stock out simultaneously with the order placed by the Customer, a situation that will be communicated either to arrange a new shipping date or to cancel the order, at the Customer’s choice, and at no cost.
3) HISPANO SUIZA Products and services
The purchase of products on our website will involve payment at the time of ordering, in accordance with the conditions indicated in the following points.
Certain items may be considered of special value, or be linked to sponsorship actions, so it is possible that certain special conditions may apply, which in any case will be made available for acceptance prior to purchase.
4) Prices, Payment method, Secure payment, Delivery, Withdrawal and refund
The prices communicated in the offer are all inclusive of VAT (Value Added Tax). Likewise, the price of the product will be included in the order confirmation together with these General Terms and Conditions.
Offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
HISPANO SUIZA reserves the right to make changes at any time and without prior notice on the website, and may update products and services on a daily basis depending on the market.
4.2 Payment method
Payment by credit or debit card is made through a payment gateway (Virtual POS) that uses the “Secure Socket Layer” security system, which encrypts the connection and incorporates the data directly into the secure server of the bank.
If you have problems to formalize the payment by credit card, we recommend you to contact your bank to verify that your card enables you to make online purchases.
In the event that we are unable to collect the payment for any reason, the contract will be considered not finalized and therefore, will not be formalized.
4.3 Secure payment
In accordance with our commitment to secure payment, we inform you that HISPANO SUIZA verifies the reliability of the data provided when placing an order.
This process is part of our fight against fraud in Internet payment methods and to protect all consumers.
HISPANO SUIZA has designed a verification process to prevent fraudulent use of our customers’ bank details. As part of this process, HISPANO SUIZA reserves the right to ask its customers to send (by fax or mail) a copy of both sides of their national identity card, as well as proof of address less than three months old. No order can be shipped before receipt and verification of these documents. The requested documents must be sent within six working days.
4.4 Delivery and shipping costs
a) Delivery time and price of the home delivery service
The Customer will be informed of the estimated delivery time immediately prior to finalizing the purchase or payment, and will also be informed of the shipping costs, if any.
HISPANO SUIZA will make every effort to deliver the products purchased by the Customer within the indicated period. Notwithstanding the foregoing, deliveries inevitably depend on causes not controlled by HISPANO SUIZA, such as traffic restrictions or commercial operations, so that in any case any confirmed shipping date should be considered indicative.
In any case, if the delivery is delayed, the Customer may contact HISPANO SUIZA at email@example.com.
Shipping costs are those indicated at all times on the website, depending on the products or the conditions determined by HISPANO SUIZA at all times (for example, HISPANO SUIZA may offer free shipping depending on the product(s) purchased, shipping characteristics, cost of purchase, etc.). In any case, the Customer will always be informed of the final costs before making any payment.
b) Delivery to identified person
HISPANO SUIZA will always make deliveries to identified persons, for which it may request the ID card and signature of the person receiving the product(s) purchased.
Such data will be used only to certify the delivery, will be retained only as long as necessary to comply with any legal obligation arising therefrom, and will not be used for any other purpose or incorporated into any other database.
For further information on the processing of data, please refer to clause 10 on personal data.
c) Delivery to others
If the Customer is not at the address indicated to receive their package, HISPANO SUIZA will try to deliver the package the person who is at that address at the time of delivery.
When requesting home delivery, the recipient expressly authorizes any person who is at that address to receive the product, so HISPANO SUIZA will not make or request any confirmation in this regard, beyond collecting the above data from the person who actually receives the order, if any.
Once the delivery has been made, HISPANO SUIZA will not be responsible for what may happen to the products delivered, either by damage to them or by the disappearance or theft of the packages delivered, in whole or in part.
d) Inability to deliver
If it is impossible to make the delivery, and therefore the delivery is unsuccessful, another delivery attempt will be made in the following days, and the Customer will be informed.
If the delivery cannot be completed on the second attempt, the order will be kept in custody at the nearest logistics point, available to the Customer for collection, informing the Customer of the necessary information to do so. If after two (2) weeks the order has not been picked up, it will be cancelled and the Customer will be notified, and the cost of the products contracted by the Customer will be refunded. Notwithstanding the foregoing, the shipping costs that HISPANO SUIZA may have incurred to attempt delivery will not be refunded, even when the shipment would have been free pursuant to the conditions of paragraph a) above, and in accordance with the provisions of paragraph 4.6 below.
In case of cancellation of the order due to impossibility of delivery, the amounts paid will be refunded within fourteen (14) days of receiving your request through the same means of payment used by the Customer to purchase the product (deducting, where appropriate and as indicated, the logistics costs).
e) Modifications to order delivery
The order is considered confirmed and finalized once the payment has been made, so no changes will be accepted until the delivery of the purchased product, and through the withdrawal procedure described below, where appropriate.
For any change in the form or address of delivery, please contact HISPANO SUIZA at firstname.lastname@example.org, although as a general rule, no changes can be made to shipments once the order has been placed.
The Customer shall have a period of fourteen (14) days, counting from receipt of the goods contracted to exercise their right of withdrawal.
The returned order will be picked up by HISPANO SUIZA through its own logistics service. However, the Customer shall bear the costs of return, which will be informed at the time of request.
The amounts paid will be refunded within fourteen (14) days of receiving a request through the same means of payment used by the Customer to purchase the product, a period that may be extended until receipt of the products on which they have exercised their right of withdrawal. If the method of payment used by the Customer is not suitable for the return (for example, the credit or debit card used had expired at the time of return), HISPANO SUIZA will contact the Customer to request an alternative method for such return.
The Customer shall communicate to HISPANO SUIZA within the stipulated period and by any means permitted by law, their desire to exercise their right of withdrawal. Specifically, you can contact HISPANO SUIZA by post at address indicated in this document or by email at email@example.com, and you will be provided with a withdrawal form to be duly completed.
In any case, you can use the sample form that we include as an Annex to these General Terms and Conditions, both in the case of postal and electronic communication, including the information that you will find on your order form or invoice.
4.6 Refund of amounts for cancellation of orders due to impossibility of delivery.
As indicated above, a cancellation of the order due to non-delivery involves logistics costs to HISPANO SUIZA caused by the unavailability of the Customer to receive the ordered goods.
Therefore, HISPANO SUIZA will refund the Customer the amounts corresponding to the products requested in the order, but will automatically deduct the transport costs borne by HISPANO SUIZA, even if the conditions indicated in paragraph a) above were met and an order had been placed with free home delivery. In these cases, HISPANO SUIZA will deduct them from the amount of the order under the conditions indicated in the “Shipping and Returns” section of our website at the time of requesting the return, and in no case will they be higher than those assumed the Customer at the time of purchase and that will be reflected in the invoice or corresponding receipt.
4.7 Return of products in poor or defective condition
If a product arrives broken, damaged or in poor condition or is different from the one ordered, HISPANO SUIZA will be responsible for collecting it at the Customer’s home and replacing it with the correct product at no additional charge.
4.8 Delivery of incomplete orders or with incorrect or non-ordered products
In the event that your order is delivered incomplete, HISPANO SUIZA will propose to the Customer the refund of the amount of the product not provided, or other alternative compensation measures, such as a discount on the next order.
For products received erroneously, HISPANO SUIZA will propose to the Customer the collection of the product delivered and not ordered, as well as the delivery of the product actually ordered and not delivered, at no cost to the Customer.
In either case, the Customer will always have the possibility to request delivery of the undelivered product.
5) Customer service
For any complaint or inquiry, please contact HISPANO SUIZA by the following means:
– Telephone: 935038600
– E-mail: firstname.lastname@example.org
The language in which the contract will be concluded is Spanish, or the language selected by the Customer at the time of contracting, which in any case will coincide with the language of the Terms and Conditions accepted by the Customer.
7) HISPANO SUIZA responsibilities
HISPANO SUIZA guarantees the quality of the contracted product and service. All rights provided by the laws in force are guaranteed to consumers and users.
Failure to comply with any of these General Terms and Conditions may result in the return of the products or the cancellation of the Services purchased by the Customer.
8) Customer responsibilities
The Customer agrees to make lawful use of the Services, without contravening current legislation, or harm the rights and interests of others.
The Customer guarantees the truthfulness and accuracy of the information provided when completing the contracting forms, avoiding causing any damage or harm to HISPANO SUIZA as a result of their inaccuracy.
Failure to comply with any of these General Terms and Conditions may result in the withdrawal or cancellation of the Services by HISPANO SUIZA without prior notice to the Customer and without entitlement to any compensation.
Upon receipt of a package, the Customer must:
- Verify the conformity of the goods received at the time of delivery.
- Point out any discrepancy in the purchase order and indicate your reservations by signing the document provided by the home delivery service.
HISPANO SUIZA shall be liable to the Customer for any non-conformity of the deliveries, as established in current regulations.
For information purposes, in accordance with the consumer regulations in force in Europe, all new products shall have a maximum warranty of two (2) years. This warranty will be valid for operations carried out in Europe.
10) Personal data and commercial communications
We inform you that your personal data will be processed by HISPANO SUIZA for the purpose of managing your order, as they are necessary for the implementation of the contract, keep track of the products or services contracted as well as provide appropriate customer services.
For example, we may keep your identification data for billing purposes, as well as your contact information to make the shipment and communicate with you in case we need to report any incident or verify the data provided. The order history, as well as other data, such as billing information, payment methods, deliveries, etc. will be kept by HISPANO SUIZA in order to provide customer service, tracking of orders placed, as well as for the purpose of complying with regulations.
11) Industrial and Intellectual property
The intellectual and industrial property rights on the works, trademarks, logos, and any other subject to protection contained in the website of HISPANO SUIZA correspond exclusively to HISPANO SUIZA or third parties who have authorized their inclusion on the website.
The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of intellectual and industrial property rights of HISPANO SUIZA or the owner of these, and may give rise to the exercise of all judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
Also, the information which the Customer can access through the website may be protected by industrial property, intellectual or other rights. HISPANO SUIZA shall not be liable in any case and under any circumstances for any infringement of such rights that you may commit as a user.
12) Jurisdiction and Applicable Law
Both the applicable regulations and the jurisdiction of the Courts or Tribunals shall be those that correspond according to the domicile of the Customer.
HISPANO SUIZA will pursue the breach of these General Terms and Conditions, as well as any misuse of the website by exercising all civil and criminal actions it has the right to exercise.
Notwithstanding the foregoing, in the event that the Customer is a legal entity that does not act as a consumer, according to the definitions established in the current regulations, the Parties shall be subject to Spanish law, and, expressly waiving the jurisdiction that may correspond to them, to the Courts and Tribunals of Barcelona.
13) Resolution of online purchase conflicts
In relation to the resolution of online consumer complaints, Art. 14.1 of the European Commission Regulation 524/2013 provides consumers with a platform to lodge their complaints, which is available at the following link: http://ec.europa.eu/consumers/odr/
You can download a withdrawal form here