This document sets out the General Terms and Conditions of the website https://cabeal.es, whose object is the purchase and sale of aluminium enclosures and structures from Aluminios Cabeal SL (hereinafter, Aluminios Cabeal), with CIF B15959612 and address at Polígono Industrial Tambre Via Faraday 1, 15890 Santiago de Compostela, A Coruña, by those natural or legal persons (hereinafter, contracting person or user) who express their wish to purchase the products made available to them in the shop on the website https://cabeal.es by means of a request made by electronic means, specifically, via the Internet through this website owned by Cabeal.
1. Information and contractual documentation. Acceptance of the contract
The present General Contracting Conditions are permanently displayed on the website https://cabeal.es, owned by Cabeal, and all users may file them, print them and, therefore, be previously informed of the conditions under which the contracting of the products of the shop (hereinafter, the product) will be carried out.
Likewise, these General Conditions are reiterated together with a summary of the specific request - specific product/s contracted, cost with indication of taxes if applicable, shipping costs, etc. - for express acceptance by the contracting person, by clicking "I have read and accept the terms and conditions", each time a specific request is made through the website.
By accepting these Conditions, the contracting person expressly and unreservedly consents to Cabeal carrying out the payment operations necessary for the acquisition of the product he/she is contracting, expressly authorising Cabeal to make the payments using the payment methods selected by him/her, or introduced from the secure area set up for this purpose, in accordance with the regulations on payment services.
The present General Conditions together with the specific request made via Internet by the contracting person -also called "Particular Conditions"- make up the content of the contract between cabeal and the contracting person who declares to have sufficient capacity to contract and to have read, understood and accepted the present conditions.
Cabeal will send confirmation of the order placed to the e-mail address associated with the contracting person's account within a period of no more than twenty-four hours from the moment of contracting.
These General Terms and Conditions shall be permanently available to the contracting person on the website. Any subsequent modification of these General Conditions shall be clearly displayed in an easily accessible place on the website https://cabeal.es. All the aforementioned documentation may be printed and filed by the contracting person, and may be requested at any time from the Customer Service Department, via e-mail sent to firstname.lastname@example.org; or by calling the telephone number 981 936 350.
Any request for information, or complaint that is considered relevant, may be submitted to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant receipt - with the corresponding identification code - to the e-mail address to be provided to the Customer Service Department in order to process the complaint.
By means of the present contract, Cabeal undertakes to deliver to the contracting person the product that the latter has requested via the website https://cabeal.es in exchange for a certain price and in accordance with the conditions established in this document.
3. Rights and obligations of Cabeal
3.1. Product delivery
Cabeal undertakes to deliver the product in perfect condition to the address indicated by the contracting person on the order form containing the particular conditions that are attached to the present general conditions. Cabeal will not be held responsible for any errors caused in the delivery when the data entered by the contracting person in the order form do not correspond to reality or have been omitted.
Unless the parties agree otherwise, Cabeal will deliver the product by transferring its material possession or control to the contracting person, without any 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. Responsability of Cabeal
Cabeal shall in no event be liable in respect of:
- Errors, delays in access on the part of the contracting person 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 in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of Cabeal. In any case, Cabeal undertakes to solve any problems that may arise and to offer all the necessary support to the contracting person in order to reach a rapid and satisfactory solution to the incident.
- Errors or damage caused by inefficient and bad faith use of the product by the contracting person.
- The inoperability of the e-mail address provided by the contracting person for the sending of the order confirmation.
Cabeal is fully responsible for the quality of the product, admitting the return of the same as long as they are defective or do not reach the contracting person in correct condition. In this case, Cabeal will be responsible for the expenses incurred as a consequence of such a return, provided that the contracting person communicates this fact, within a maximum period of fourteen calendar days from the date of delivery, and the product has not been consumed or altered in any way. Cabeal is exempt from all responsibility in relation to possible breakages or defects of the product produced after its delivery. Likewise, Cabeal will have no responsibility in relation to that product that has already been consumed or used without any type of incident on the part of the contracting person who intends to make a claim.
The contracting person, before signing the delivery of the order, must check that the product is delivered in perfect condition, if he/she gives his/her conformity at the time of delivery it is understood by both parties that the product was delivered correctly and that therefore, the possible deterioration occurs after its delivery.
The contracting person expressly waives the right to claim any contractual or extra-contractual liability for possible damages or harm derived from the aforementioned in this clause. In any case, the liability of Cabeal if it fails to comply with what is indicated in this agreement according to the terms of the present general conditions will be limited to the refund of the amount that, if applicable, the contracting person may have paid in relation to the product, and always after the contracting person has returned the product in question.
The contracted product has the guarantee of conformity provided for in the Law. If the product does not conform to the contract, the contracting person may choose between demanding the replacement of the product, or, where appropriate, a reduction in its price or the termination of the contract, under the legally established terms.
4. Rights and obligations of the contracting person
The contracting person undertakes to pay the amount for the product actually ordered in the amount and in the manner established in these Conditions.
This website has an SSL (Secure Socket Layer) security certificate. This security standard allows secure and encrypted data transfer between the user and the website. When a secure connection is established, the following is fulfilled:
- The security certificate guarantees the authenticity of the website (it is not a fake website).
- Encrypts the information that is transferred from the user's browser to the web server where the page is hosted.
The remuneration for the product actually ordered by the contracting person shall be that indicated on the website and that which appears in the specific request of the contracting person at any given time (except in the case of typographical or manifest error); requests which shall constitute the particular conditions of the order. The price of the product appearing on the website is always indicated in euros including taxes.
In the event of an error in the price of the product ordered by the contracting person, Cabeal will inform him/her as soon as possible and will give him/her the option of reconfirming the order at the correct price or cancelling it. In the event that the contracting person cannot be contacted, the order will be considered cancelled and the amounts paid will be reimbursed in full, without the right to any compensation whatsoever.
The full final price shall include: taxes or fees, the amount of any increases or discounts applicable to the offer and any additional costs - for example, those associated with transport, means of payment, etc. - that are passed on to the contracting person, which shall be expressly accepted by the contracting person.
Cabeal will issue the invoice corresponding to the contracted product, detailing all the concepts that comprise it. The contracting person expressly consents to the sending of the invoice telematically, to the e-mail address provided when processing the order. At any time, the contracting person may communicate their wish to receive the invoices in paper format, by means of a communication addressed to the Customer Service Department.
4.1.2. Payment methods
The contracting person must pay the amount corresponding to the contracted product by means of one of the payment methods and procedures available on the website Cabeal only accepts payments made by credit card or Paypal.
The Cabeal website complies with the standards linked to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that Cabeal will not be able to access or store any data provided by the customer when paying by virtual POS payment.
Additional charges associated with the selected payment methods must be paid and confirmed separately under the terms indicated on the website. PayPal has additional charges associated with it.
The contracting person, who has the status of consumer in accordance with current legislation, may withdraw from the contract made at https://cabeal.es, 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 products that are made according to the specifications of the contracting person and are clearly personalised shall not be subject to withdrawal.
In order to exercise the right of withdrawal, the contracting person must notify their decision to withdraw from the contract by means of an unequivocal declaration to: Cabeal, at Polígono Industrial Tambre Via Faraday 1, 15890 Santiago de Compostela, A Coruña, or email@example.com, indicating that he/she desists from the contract and providing the following data: reference of the order, date of receipt, name and surname of the contracting person and his/her address. You may also use the model form provided for in the current regulations on consumer and user protection. If the cancellation is presented on paper, it must be duly signed by the contracting person. In order 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 person, Cabeal will refund all payments received, including - where applicable - the costs of delivery (with the exception of the additional costs resulting from the choice by the contracting person of a mode of delivery other than the least expensive mode of standard delivery offered by Cabeal), without any undue delay. Such reimbursement shall be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise. The contracting person will not incur any costs as a result of the reimbursement. Cabeal may withhold reimbursement until it has received the products or until proof of return of the products has been provided.
The contracting person must return or deliver the products directly to Cabeal, at Polígono Industrial Tambre Via Faraday 1, 15890 Santiago de Compostela, A Coruña, without any undue delay and, in any case, no later than fourteen calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the deadline has expired. The contracting person must bear the direct cost of returning the products. The cost of the return will depend on the transport and/or courier company selected by the contracting person to return the product.
4.3. Responsibility of the contracting person
The contracting person assumes all the risks of deterioration, impairment, damage and loss of the product from the moment at which it has been placed at his disposal by the third party who, on behalf of Cabeal, delivers the product ordered.
The contracting person shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and, where appropriate, the functioning of the products.
The contracting person undertakes to check the good condition of the product with the third party who, on behalf of Cabeal, carries out the delivery of the product ordered, a check that will be carried out prior to the signature of the proof of delivery made.
Cabeal and the contracting person may terminate the present contract for any of the causes established by law, and in particular for non-fulfilment of the present General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of Cabeal, duly identifying the contract to be terminated.
6. Copyright and trademark
Cabeal informs that the contents, programming and design of the website https://cabeal.es, are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited without the express consent of Cabeal.
Cabeal may use external sources for the elaboration of its contents on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always quoting the source. The legitimate owner of the copyright of the information thus included may at any time request the elimination of the aforementioned references.
7. Data protection
8. Jurisdiction and applicable law
These general conditions are governed by Spanish law. The Courts of Santiago de Compostela are competent to resolve any dispute or conflict arising from these general conditions, and the contracting person expressly waives any other jurisdiction that may correspond to him/her. Consumers can use the platform for out-of-court settlement of disputes arising from contracts of sale or provision of services concluded online, accessible through the following link: http://ec.europa.eu/odr.
In the event that any clause of this document is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these conditions. The present contract is drawn up solely in Spanish. Cabeal may not exercise any of the rights and faculties conferred in this document, which will in no case imply the waiver of the same, unless expressly recognised by Cabeal.