Through this document, the General Contracting Conditions of the website www.osbullos.com are established, which aims to sell products of Color Apartaments SL (hereinafter, OS BULLÓS), with VAT ID B70478383 and registered office at Praza Nosa Sra. Da Merce No. 9, 1st B, 15706 Santiago de Compostela, by individuals or legal entities (hereinafter, the contracting party or user) who express their intention to purchase the products made available in the online store of the website www.osbullos.com by means of requests made electronically, specifically, via the internet through that website owned by OS BULLÓS.
1.- INFORMATION AND CONTRACTUAL DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Contracting Conditions are permanently displayed on the website www.osbullos.com, owned by OS BULLÓS, and any user can archive, print them, and therefore be informed in advance of the conditions under which the products in the store (hereinafter, the product) will be purchased.
Likewise, these General Conditions are reiterated along with a summary of the specific request - specific product(s) contracted, cost with indication of applicable taxes, shipping costs, etc. - for express acceptance by the contracting party, by clicking "I have read and accept the terms and conditions" each time a specific request is made through the website.
It is not technically possible for the contracting party to complete the request without accepting these General Conditions. In order for the contracting party to make this acceptance and, therefore, place the order, they must provide their information when placing the order on www.osbullos.com, at which point they accept these Conditions and the Privacy Policy of the website.
By accepting these Conditions, the contracting party expressly and without reservation consents to OS BULLÓS carrying out the necessary payment operations for the acquisition of the contracted product, expressly authorizing OS BULLÓS to make the charges in the payment methods that they have selected or entered from the secure area enabled for this purpose, in accordance with payment services regulations.
These General Conditions together with the specific request made through the Internet by the contracting party, also called "Particular Conditions," constitute the content of the contract between OS BULLÓS and the contracting party, who declares to have sufficient capacity to contract and to have read, understood, and accepted these conditions.
Upon completion of the contract and within a maximum of twenty-four hours, OS BULLÓS will send the confirmation of the order to the email address associated with the contracting party's account.
The contracting party will have these General Conditions permanently available on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible location on the website www.osbullos.com. All the aforementioned documentation can be printed and archived by the contracting party, and they can request it at any time from the Customer Service, via the email address info@osbullos.com or by calling the phone number +34 673 22 00 22.
Any request for information or claim that is deemed relevant can be addressed to the Customer Service at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the claim presented by sending the relevant proof - with the corresponding identification code - to the email address that must be provided to the Customer Service to process the claim.
2.- OBJECT
Under this contract, OS BULLÓS undertakes to deliver to the contracting party the product they have requested through the website www.osbullos.com in exchange for a certain price and in accordance with the conditions established in this document.
3.- RIGHTS AND OBLIGATIONS OF OS BULLÓS
3.1. Delivery of the Product
OS BULLÓS undertakes to deliver the product in perfect condition to the address indicated by the contracting party in the order form, which includes the specific conditions that are attached to these general conditions. OS BULLÓS will not be responsible for errors in delivery caused when the data entered by the contracting party in the order form does not match reality or has been omitted.
Unless the parties agree otherwise, OS BULLÓS will deliver the product by transferring its material possession or control to the contracting party, without undue delay and in accordance with the deadlines indicated on the website, which in no case will exceed thirty calendar days from the conclusion of the contract.
3.2. OS BULLÓS's Liability
OS BULLÓS will not be liable for:
- Errors, delays in access by the contracting party when entering their data in the order form, the slowness or impossibility of confirming the order, or any anomaly that may arise when these incidents are due to problems on the Internet, cases of force majeure, and any other unforeseeable contingency beyond the good faith of OS BULLÓS. In any case, OS BULLÓS is committed to solving any problems that may arise and to providing all necessary support to the contracting party to reach a quick and satisfactory solution to the incident.
- Errors or damages caused by inefficient and bad faith use of the product by the contracting party.
- The inoperability of the email address provided by the contracting party for the delivery of the order confirmation.
OS BULLÓS assumes absolute responsibility for the quality of the product, accepting returns of the same only if they are defective or do not reach the contracting party in good condition. In this case, OS BULLÓS will cover the expenses incurred as a result of such return, provided that the contracting party communicates this fact within a maximum of fourteen calendar days from the date of delivery, and the product has not been consumed or altered in any way. OS BULLÓS is exempt from any liability for possible breakages or defects in the product that occur after its delivery. Likewise, OS BULLÓS will have no responsibility for a product that has already been consumed or used without any incident by the contracting party who intends to make a claim.
Before signing the delivery of the order, the contracting party must check that the product is delivered in perfect condition. If they give their agreement at the time of delivery, it is understood by both parties that the product was delivered correctly and, therefore, any deterioration occurs after its delivery.
The contracting party expressly waives any contractual or extra-contractual liability for possible damages or losses resulting from what is stated in this clause. In any case, OS BULLÓS's liability if it fails to comply with what is stated in this agreement according to the terms of these general conditions will be limited to the refund of the amount that the contracting party may have paid in relation to the product, subject to the prior return of the product in question by the contracting party.
The contracted product has the conformity guarantee provided by law. If the product does not conform to the contract, the contracting party may choose to demand the replacement of the product or, where appropriate, a reduction in its price or the resolution of the contract, in the terms legally established.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
4.1. Payment
The contracting party undertakes to pay the amount for the product effectively requested in the amount and manner established in these Conditions.
This website has an SSL (Secure Socket Layer) security certificate. This security standard allows for the secure and encrypted transfer of data between the user and the website. When a secure connection is established,
it means the following:
- The security certificate guarantees the authenticity of the website (it is not a fake website).
- It encrypts the information transferred from the user's browser to the web server hosting the page.
4.1.1. Amount
The remuneration for the product effectively requested by the contracting party will be indicated on the website and in the specific request of the contracting party at all times (except in the case of typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product shown on the website is always in euros, including taxes.
In the event of an error in the price of the product requested by the contracting party, OS BULLÓS will inform them as soon as possible and give them the option to reconfirm the order at the correct price or cancel it. If it is not possible to contact the contracting party, the order will be considered canceled, and any amounts paid will be fully refunded, with no right to any compensation.
The complete final price will include taxes or fees, the amount of increases or discounts applicable to the offer, and additional expenses - such as those associated with transportation, payment methods, etc. - that are passed on to the contracting party, which will be expressly accepted by the contracting party.
OS BULLÓS will issue the corresponding invoice for the contracted product, detailing all the concepts that make it up. The contracting party expressly consents to the electronic sending of the invoice to the email address provided when processing the order. At any time, the contracting party may communicate their desire to receive invoices in paper format by contacting Customer Service.
4.1.2. Payment Methods
The contracting party must pay the amount corresponding to the contracted product using one of the payment methods and procedures available on the OS BULLÓS website. OS BULLÓS only accepts payments made through PayPal, TPV, and Bixum.
The OS BULLÓS website complies with standards related to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that OS BULLÓS cannot access or store any data provided by the customer when making the payment through the virtual POS payment.
The additional expenses associated with the selected payment methods must be paid and confirmed independently according to the terms indicated on the website. PayPal has associated additional costs.
4.2. Withdrawal
The contracting party, who qualifies as a consumer in accordance with current legislation, may withdraw from the contract made on www.osbullos.com without the need for justification, within fourteen calendar days from the day of delivery of the last of the products included in the contract.
The contracting of those products that are made to the specifications of the contracting party and are clearly personalized is not subject to withdrawal.
To exercise the right of withdrawal, the contracting party must notify their decision to withdraw from the contract through an unequivocal statement to OS BULLÓS, at Praza Nosa Sra. Da Merce No. 9, 1st B, 15706 Santiago de Compostela, or info@osbullos.com, indicating their withdrawal from the contract and providing the following information: order reference, date of receipt, name and surname of the contracting party, and their address. They may also use the model withdrawal form provided in the current legislation on consumer and user protection. If the withdrawal is submitted on paper, it must be duly signed by the contracting party. To comply with the deadline, it is sufficient for the notification to be sent before the deadline expires.
In the event of withdrawal by the contracting party, OS BULLÓS will refund all payments received, including - if applicable - delivery costs (except for additional costs resulting from the contracting party's choice of a delivery method other than the least expensive standard delivery offered by OS BULLÓS), without undue delay. This refund will be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise. The contracting party will not incur any costs as a result of the refund. OS BULLÓS may withhold the refund until it has received the products or until proof of return of the products is provided.
The contracting party must return or deliver the products directly to OS BULLÓS, at Praza Nosa Sra. Da Merce No. 9, 1st B, 15706 Santiago de Compostela, without undue delay and, in any case, no later than fourteen calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline will be considered met if the products are returned before the deadline expires. The contracting party must bear the direct cost of returning the products. The cost of return will depend on the transport and/or courier company selected by the contracting party to return the product.
4.3. Liability of the Contracting Party
The contracting party assumes all risks of deterioration, impairment, damage, and loss of the product from the moment it has been made available to them by the third party who, on behalf of , delivers the requested product.
The contracting party will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and, where applicable, the operation of the products.
The contracting party agrees to check the good condition of the product with the third party who, on behalf of OS BULLÓS, delivers the requested product, a check that will be carried out prior to signing the delivery receipt.
5.- TERMINATION
OS BULLÓS and the contracting party may terminate this contract for any of the causes established by the laws, and in particular for the breach of these General Conditions. The contract may be terminated by contacting the other party at the postal address provided by the contracting party when contracting the service and at OS BULLÓS's address, duly identifying the contract to be terminated.
6.- COPYRIGHT AND TRADEMARK
OS BULLÓS informs that the content, programming, and design of the website www.osbullos.com are fully protected by copyright, and any reproduction, communication, distribution, and transformation of these protected elements is expressly prohibited without OS BULLÓS's express consent.
OS BULLÓS may use external sources for the preparation of its content on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate holder of the copyright for these included information may request the removal of these references at any time.
7.- DATA PROTECTION
The data provided by the contracting party in accordance with these General Conditions will be processed in accordance with the terms stipulated in the Privacy Policy published on the website.
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The courts of Santiago de Compostela have jurisdiction to resolve any dispute or conflict arising from these general conditions, and the contracting party expressly waives any other jurisdiction that may correspond to them. Consumers can use the online dispute resolution platform for disputes arising from contracts for the sale of goods or the provision of services entered into online, accessible through the following link: http://ec.europa.eu/odr.
9.- OTHER
If any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. This contract is made exclusively in Spanish. OS BULLÓS may not exercise some of the rights and powers conferred in this document, which will not
imply in any case a waiver of them, except for express recognition by OS BULLÓS.
