General conditions of sale Arcas Gruber
The products presented on the “www.arcasgruber.com” site are sold by the company ARCAS GRUBER SA, whose headquarters are located at Iparraguirre, 52, 4890, Barakaldo, Vizcaya, Spain.
Telephone: +34 94 421 68 20
Intracommunity CIF: ESA48000814
2. Definitions
For the execution of the present, the following terms must be understood in the sense defined below:
Client: consumer, natural person, of legal age, who acquires one or more products for personal use on the site.
Product: Property offered for sale on the site
Site: commercial site accessible through the domain name “www.arcasgruber.com” that offers the sale of safes and physical security products, as well as other products related to home and business.
Customer account: all personal data collected for the purpose of purchasing and/or placing the order and monitoring it on the site.
3. Object
These General Conditions of Sale define the rights and obligations that weigh on the company ARCAS GRUBER SA (hereinafter, THE SELLER) and any natural person of legal age (hereinafter, THE CLIENT) in the context of the sale through the site web” www.arcasgruber.com”.
These conditions determine the conditions of sale, payment, delivery and after-sales service. They apply without restriction to any sale of products made on the “www.arcasgruber.com” site.
The fact that THE CUSTOMER checks the box “before the validation of this order, acknowledges having read and accepted the General Conditions of Sale, the advice and recommendations for the use of the product or products and I undertake to comply with them” before the validation of your order automatically implies your express and unreserved acceptance of all these conditions of sale.
The General Conditions of Sale applicable to a sale are those present on the site when placing the order.
They can be printed and stored on paper or on the computer. However, it is specified that THE SELLER reserves the right to modify its General Conditions of Sale over time. THE SELLER therefore invites the CUSTOMER to carefully read those in force with each order.
4. Products
a. Visuals
The products governed by these General Conditions of Sale are those presented on the site “www.arcasgruber.com”. These products are presented as accurately as possible, however, THE SELLER informs THE CUSTOMER that there may be minor variations between the photographs, images, drawings, logos used on the site and the purchased product that cannot engage the responsibility of the SELLER.
b. Product compliance
The products offered for sale comply with Spanish legislation, regulations and standards. In case of withdrawal of products by the SUPPLIER, THE SELLER will also withdraw the products from its site. THE CUSTOMER may not make any claim.
c. Prices
The prices that appear on the site are indicated in euros, all taxes included (VAT). They take into account the price reductions (promotion, etc.) in force at the time of placing the order, but do not include shipping costs.
The total amount including VAT includes shipping costs, the amount of VAT and, if applicable, the amount of the discount codes. The details of the sums due are indicated to the CUSTOMER in the summary (my basket) before the validation of his order.
5. Order methods
a. Creation of a customer account
In order to place an order, THE CUSTOMER must create a customer account indicating their last name, first name, postal address, telephone number, email address and choosing a password that is personal to them.
In order to access your account, THE CUSTOMER must enter your email address and password necessary to:
- Have access to order history
- Track your order
- Place a new order
- Modify personal information
- Access the “My favourites” page and/or add a product to the favorites
- Contact technical service and customer service to open a file
- Monitor the progress and processing of your requests
1. Special procedure called “double click” provided for in article 1369-5 of the Civil Code
The order becomes firm and definitive when THE CUSTOMER has materially reiterated the acceptance of the electronic contract through the double-click process.
Previous procedures:
Step of the first click: the order and its summary with verification, possibility to modify the choices and correct any errors.
Thus, before validating the order, THE CUSTOMER is obliged to check the content and the total global amount of the order and, where appropriate, correct any errors. THE SELLER is not responsible for any errors due to lack of verification by the customer.
Formation of the contract:
Step of the second click: confirmation of the order and conclusion of the electronic contract (“validate the order”)
Acknowledgment of receipt of the order by email and registration of the order:
After validation of the order, THE CUSTOMER will receive a confirmation email at the email address provided by him indicating the order number, the quantity and description of the products ordered, the package number, as well as the necessary link to track the order. The command.
In the event that THE CLIENT has provided an incorrect email address, THE SELLER is not responsible for the lack of confirmation by email. The same will happen if the host of the CUSTOMER’s mailbox blocks our email for considering it “unknown or unwanted”. In these cases, only the invoice provided at the time of delivery will include the elements attached to the purchase of the product on the site.
Payment conditions
The payment of the global total amount is made at the time of the order through one of the following payment methods:
With bank card
(Credit card, Visa, MasterCard, American express)
THE CUSTOMER who places an order acknowledges being the holder of the bank card with which he makes the payment and having the necessary funds to pay for his order.
To proceed with the payment of his order, THE CUSTOMER must provide the sixteen-digit number, the expiration date, as well as the three-digit “cryptogram” code found on the back of his bank card.
The transaction is carried out immediately from the client’s bank card after verification of the latter’s data and upon receipt of the debit authorization from the company issuing the bank card used by THE CLIENT.
In the event that the charge of the global total amount is impossible, the online sale will be resolved immediately and the order will be cancelled.
Payment is made on the server of our partner Redsys.
The automated processing of the data provided by THE CUSTOMER at the time of payment of the order will be the responsibility of the BBVA bank.
In the event that a transaction does not go through for any reason, the sale will not be validated.
THE SELLER does not keep the bank details of its customers, which must be entered for each new order.
6. Time, place and shipping costs
The delivery of the products purchased on the “www.arcasgruber.com” site is made within the period indicated in the file of the requested product from the day after THE CUSTOMER has definitively accepted his order.
Deliveries are made to the address indicated by THE CUSTOMER, who has the possibility to choose between four different delivery methods depending on the volume and weight of the packages:
• DACHSER
In the case of a delivery by DACHSER, the carrier contacts THE CUSTOMER by telephone before delivery to make an appointment.
For deliveries in Switzerland, THE CUSTOMER must pay customs clearance costs and local VAT.
The signature of the CUSTOMER or his representative, either on paper or in digital format, will constitute proof of delivery of the packages.
It should be noted that in order for the CUSTOMER to be able to track their order, the information regarding the receipt of the package will be available through the link indicated in the order confirmation email.
In case of error in the delivery address indicated by THE CUSTOMER, THE SELLER is not responsible for the defect or delays in delivery. In case of return of the product on the platform, any costs of reshipment will be borne by the CUSTOMER.
THE SELLER reserves the right to refuse to deliver the order for legitimate reasons under article L. 122-1 of the Consumer Code.
The amount of shipping costs is calculated based on the weight of the package and the shipping method selected during the validation of the order.
If the product requested by THE CUSTOMER is finally not available, THE SELLER will inform the latter who may withdraw or terminate the contract and will be reimbursed within the following fourteen days at the latest.
If THE SELLER cannot deliver the requested product due to force majeure, bad weather or other circumstances beyond his control, he will inform THE CUSTOMER. After a period of one month, if THE SELLER considers that he will not be able to DELIVER the order, he will refund the amount paid by THE CUSTOMER.
Transfer of ownership
THE SELLER remains the owner of the product until full payment of the total amount of the order including taxes.
Right to withdraw
THE CUSTOMER has the right to withdraw from this contract without the need for justification within a period of fourteen days.
The withdrawal period expires fourteen days after the day on which THE CLIENT, or a third party other than the carrier and designated by THE CLIENT, takes physical possession of the goods from the conclusion of the contract.
To exercise the right of withdrawal, THE CUSTOMER must notify the SELLER of his decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax or email). THE CUSTOMER can use the model withdrawal form in the “Returning an item” section of our site, but this is not mandatory. In order for the withdrawal period to be respected, it is sufficient for THE CUSTOMER to send their communication regarding the exercise of the withdrawal right before the withdrawal period expires.
7. Shrink effects
In case of withdrawal by the CLIENT of this contract, he must return the merchandise to the SELLER, without undue delay and, in any case, no later than fourteen days after THE CLIENT has communicated his decision to withdraw from the contract. This period will be considered met if the merchandise is returned before the expiration of the fourteen-day period.
THE CUSTOMER must bear the direct costs of returning the merchandise, in addition to the initial shipping costs of the merchandise.
Returned items must be new, unused and in their original packaging perfectly intact.
THE SELLER will reimburse all payments received from the CLIENT, excluding shipping costs without undue delay and, in any case, no later than fourteen days from the day on which THE CLIENT notifies THE SELLER of his decision to withdraw from this contract.
THE SELLER will make the refund using the payment method by bank transfer, to a bank number indicated by the customer.
THE SELLER will defer the reimbursement until the merchandise has been received or until THE CUSTOMER has provided proof of shipment of the merchandise, the chosen date being the first of these events.
The CUSTOMER is only responsible for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of said property.
8. After-Sales Service and Return of Merchandise
THE SELLER provides after-sales service to its customers.
- Shipping not corresponding to the order
THE CUSTOMER is responsible for verifying, upon receiving his order, that the contents of the package conform in all respects to what he ordered. In the event of an error on the part of the SELLER, THE CUSTOMER must return to the post office the product or products that do not conform to their order, accompanied by the following documents:
- The purchase invoice so that Customer Service can identify the order and the duly completed return form that will be printed from the “My account” section of the website www.arcasgruber.com.
The return costs are then borne by THE SELLER who will notify the customer of a delivery note destined for the carrier and which will allow him to avoid having to pay the shipping costs to return the merchandise.
Returned products must be new, unused and in their original box, perfectly intact.
- Product defect
In the event that the delivered product is defective and said defect is apparently unrelated to transport, THE CUSTOMER must return the product(s) in question accompanied by the following documentation:
- The purchase invoice so that Customer Service can identify the order and the duly completed return form that will be printed from the “My account” section of the website www.arcasgruber.com.
The return costs are then borne by THE SELLER who will notify the customer of a delivery note destined for the carrier and which will allow him to avoid having to pay the shipping costs to return the merchandise.
Returned products must be new, unused and in their original box, perfectly intact.
9. Packing Condition
The customer is obliged to check the condition of the packaging, as well as the complete order upon receipt of his order. It is up to him to make the reservations and claims that he considers necessary, or even reject the package when it shows obvious damage at the time of delivery.
Las reservas en el momento de la entrega deben ser precisas y completas en cuanto a la naturaleza del daño aparente del embalaje y el estado de la mercancía. Estos detallarán las anomalías observadas, estarán claramente escritos y se referirán principalmente a la mercancía y no exclusivamente al embalaje.
10. Trade guarantee
THE SELLER describes in each product sheet sold on the “www.arcasgruber.com” site: the content of the commercial guarantee, the elements necessary for its execution, its duration, its territorial scope, as well as the name and address of the guarantor.
11. Legal guarantees
In accordance with the legal provisions, THE SELLER guarantees the products sold on the site “www.arcasgruber.com” against hidden defects and lack of conformity.
In accordance with the legal provisions, THE SELLER guarantees the products sold on the site “www.arcasgruber.com” against hidden defects and lack of conformity.
Responsibility
The responsibility of the SELLER may not be invoked in the following cases:
1. Damages derived from the use of the Internet
2. Choice and conservation of the products purchased, as well as their use, for which THE CLIENT is solely responsible
3. Force majeure
The responsibility of one or the other of the parties cannot be demanded if the execution of the contract is delayed or prevented due to force majeure or fortuitous event, due to the other party or a third party or due to external causes such as social conflicts. intervention of civil authorities, natural disasters, fires, water damage, interruption of telecommunications.
The party invoking an event constituting force majeure must inform the other party as soon as possible after the occurrence or threat of this event. THE SELLER and THE CUSTOMER will then consult each other to jointly determine the terms of execution of the order while the case of force majeure lasts. After a period of one month, if THE SELLER considers that he will not be able to honor the order, he will refund the amount paid by THE CUSTOMER.
Intellectual property
All elements published within the site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charts, database utilities and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to ARCAS. GRUBER SA.
The ARCAS GRUBER SA brand, as well as all figurative or non-figurative brands and, in general, all other brands, illustrations, images and logos that appear on the articles, their accessories or their packaging, whether registered or not, are and will continue to be exclusive property of ARCAS GRUBER SA, except for the property rights over the images of the products, brands and logos of the suppliers of the products presented on the site.
Any reproduction, modification or use, in whole or in part, of these brands, illustrations and logos, for any reason and on any medium, without the prior and express consent of ARCAS GRUBER SA, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and, in general, any distinctive sign intended to form a composite logo, with the exception of logos and descriptive signs belonging to the brands present on the site. The same shall apply to all copyrights, designs, models, patents owned by ARCAS GRUBER SA.
ARCAS GRUBER SA prohibits the placement of a deep hypertext link to the site or a hypertext link. Users who wish to place a simple direct link to the home page of the site on their personal website must previously request express authorization from ARCAS GRUBER SA
Personal information
The consultation of this site is possible without THE CUSTOMER having to reveal his identity or any other personal information that concerns him.
The database containing the personal data of customers is the subject of a declaration, in accordance with the requirements of the Data Protection Law.
However, when THE CUSTOMER decides to place an order through the SELLER’s site, it is necessary to collect certain information (last name, first name, postal address, telephone number, email address). This information is intended for ARCAS GRUBER SA and may possibly be used in the context of commercial or marketing operations or serve as a basis for studies and analyses. The information collected on this site is reserved for the exclusive use of ARCAS GRUBER SA and as such cannot be transferred to a third party without the prior consent of the CLIENT. This personal information is kept in a format that allows the identification of the persons concerned for a period that does not exceed the period necessary for the purposes for which it is collected and/or processed.
In accordance with the Data Protection Law “any natural person who proves their identity may require the person responsible for the treatment to be, where appropriate, rectified and complement, update, block or delete the personal data that concerns them that are inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited”.
THE CUSTOMER has the individual right of access, withdrawal and rectification provided for by law and can have the information concerning him deleted, either by modifying his personal information himself in the “My account” space accessible on the site, either making the request by mail to the following address where ARCAS GRUBER SA is located
If THE CUSTOMER no longer wishes to receive these offers, they can at any time make a request by clicking on the electronic link available in the emails and the newsletter for this purpose, or by modifying their account directly on the www.arcasgrubers.com site.
Applicable Law
These general conditions are subject to the application of Spanish law.
Data usage
arcasgruber.com may process all or part of the data:
- Allow navigation on the Site and the management and traceability of the services and services requested by the user: connection data and use of the Site, billing, order history, etc.
- To prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used to browse, IP address, password (hash)
- To improve navigation on the Site: connection and usage data
- To conduct optional satisfaction surveys on arcasgruber.com: email address
- To carry out communication campaigns (sms, email): telephone number, email address, etc.
arcasgruber.com does not sell your personal data, so they are only used out of necessity or for statistical and analytical purposes.
Right of access, rectification and opposition
In accordance with current European regulations, Users of arcasgruber.com have the following rights:
- Right of access and rectification, updating, integrity of the User’s data right to block or delete the User’s personal data, when they are inaccurate, incomplete, ambiguous, obsolete or whose collection, use, communication or storage is prohibited
- Right to withdraw consent at any time
- Right to limit the processing of User data
- Right to oppose the processing of User data
- Right to the portability of the data that Users have provided, when these data are subject to automated processing based on their consent or in a contract
- Right to define the destination of the User’s data after his death and to choose to whom arcasgruber.com will have to communicate (or not) his data to a third party that he will have previously designated
At the time that arcasgruer.com becomes aware of the death of a User and in the absence of instructions from him, arcasgruer.com undertakes to destroy his data, unless its conservation is necessary for evidentiary purposes or to respond to a legal obligation. .
If the User wants to know how arcasgruber.com uses his Personal Data, request its rectification or oppose its treatment, the User can contact arcasgruber.com in writing at the following address:
Zumalakarregi Street, 30 – 48903 – Barakaldo – Vizcaya – Spain
In this case, the User must indicate the Personal Data that he wishes arcasgruber.com to correct, update or delete, identifying himself precisely with a copy of an identity document (identity document or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on arcasgruber.com by law, in particular with respect to the conservation or archiving of documents.