GENERAL CONTRACT CONDITIONS
1st.- Legal framework
In compliance with current regulations, the entity BERCA BRAND SL that operates through the internet from this website WWW.BERCA.ES The general contracting conditions of the products and/or services offered through it and from which the rights and obligations of the parties are generated are detailed below.
2nd.- Identification
The function of these General Contracting Conditions (hereinafter "Conditions") is to regulate the relationship between BERCA BRAND SL (hereinafter the "Provider") and the clients (hereinafter the "User"), relating to all transactions carried out through through the online store website.
2º.1.- Offering Company
COMPANY NAME: BERCA BRAND SL CIF: B87539581
ADDRESS: MALAQUITA 2A, 1ºC TOWN: COLLADO VILLALBA PROVINCE: MADRID
Zip: 28400
PHONE: 658 195 881
EMAIL: BERCA@BERCA.ES
2º.2.- The User
A user or client will be understood as the Internet user who acquires this condition by registering on the website, using a form and who is assigned usernames and passwords, over which he or she has full responsibility for use and custody. , being responsible for the veracity of the personal data provided to the provider, as we will see in the User Registration section.
3º.- Acceptance
By accepting these Conditions, the User declares:
Which is a person with the capacity to contract according to current regulations.
That you have read and accept these Conditions.
4º.- Availability
The User will always and in any case have access, prior to the start of the product contracting procedure, to the conditions, which may be stored and/or reproduced on a durable medium.
5º.- Validity or Duration
The period of validity or duration of these Conditions and particular contracting conditions will be the time that they remain published on the aforementioned website and will be applicable from the moment the User uses the website, and/or proceeds to the contracting of any products.
6º.- Modifications
The provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions that were acquired prior to the modification by the User.
The User undertakes to carefully read the contracting conditions each time he proceeds to contract any product given that they may have been subject to modification since the last time he accessed.
7º.- Nullity
If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part thereof that is null or ineffective, with everything else subsisting in the Conditions.
8º.- Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the provider and the user at the time the user accepts the purchase during the online contracting process through the mechanisms set out below.
The contractual sales relationship entails the delivery, in exchange for a specific price publicly displayed through the website, of one or more specific products.
Each of these products may be subject to specific regulation through the particular contract conditions of each of them, of which more details will be given in the guarantee, returns, withdrawal section, or in the product's technical sheet itself. due to
the different formats in which the products are marketed, their packaging or their very nature.
9º.- User Registration
The User may register on the website, in the upper left button “Register”. For which, you will enter the personal data required as mandatory: name, surname, email, password and (introduce
here fields requested in he record) Registering as a User of the store will provide you with access to the website, the acquisition of products and the receipt of newsletters with information about the company and its products.
The user will select a username and password, committing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of their loss or theft or possible access by an unauthorized third party. , in such a way that the provider proceeds to immediately block it. The user has full responsibility for its use and custody, being responsible for the veracity of the personal data provided to the provider.
The user may not choose as a username words that are intended to confuse others by identifying the user as an integral member of the provider, as well as swear words,
insulting and, in general, contrary to the law or the demands of morality and good customs.
10º.- Geographic scope
This website BERCA BRAND SL operates and sells, in the territory (select between
national either international)From now on, this geographical area will be understood as “the Territory”.
Therefore, we only ship and distribute the products in the Territory. The use of this website as well as any purchase made on it is considered to have been made in Spain, and therefore
both subject to current Spanish laws and regulations. The Provider does not accept or deliver orders outside the aforementioned Territory.
All of the above is indicated without prejudice to the fact that we may soon be able to offer these services in the excluded areas, in which case it will be announced in advance on this website.
11º.- Product Information
The Provider pays great attention to information regarding the characteristics of the products through technical descriptions from its collaborating companies and manufacturers, and photographs that illustrate the products. All this is done within the limit of technique and respecting market standards.
This descriptive sheet will incorporate a contact form in case you wish to obtain more detailed information. Or for greater ease, you may have a link to expand the information to the extent possible.
12º.- Taxes, currency and shipping costs
The prices indicated for each product include Value Added Tax (VAT) and in any case will be expressed in the Euro (€) currency. These prices, unless expressly indicated otherwise, do not include shipping costs or any other additional services and annexes to the purchased product.
13º.- Language in which the contract is developed
The contracting procedure and pre-contractual information is in Spanish and this language will be used to carry out the contracting.
14º.- Steps of the Contracting / Purchase Process 14º.1.- Registration
In order to start the process of contracting products in WWW.BERCA.ES, First, you must register as a user by clicking on the button that appears on the main page of the website called “Register” and filling out the mandatory information requested on the page that will appear below. After registration, the assignment of the username and password occurs automatically, according to those previously chosen by the interested party.
The registration system is not provided with a user verification system in the registration process. So before the user is activated in the system, a welcome message is sent to the email. Once registered correctly, the user will be able to enter their profile control panel with their username and password to be able to manage all those functions that the page provider has made available to them, such as the account data section, my orders and the possibility of exercising ARCO rights
Once registration is complete, you can proceed to purchase your product(s).
14º.2.- Purchase process
The purchasing process is easy and simple.
Summary of products added to the shopping cart
Method of placing an order as a guest or under registration
Shipping Information
Shipping method
Payment information
Order review and payment
*NOTE: THE OBLIGATION TO PAY WHEN PLACING THE ORDER.
Provisions to take into account in the purchasing process. 15º.- Product availability
The purchase of the products is made to order, it is not in stock. In case of delay in shipment, prior notification will be given by telephone or email.
16º.- Types of products
The website has a wide variety of the best brands at very competitive prices for everything related to computing, electronics, sound and lighting, distributed in categories.
for easy search.
17º.- Maximum order amount
There is no maximum order.
18º.- How to extend or cancel my order
To extend an order you can always do so as long as you have not completed the purchase, and you can do so by pressing the “Continue shopping” button.
To cancel an order after making a purchase, it may be canceled with the right to a full refund as long as the following conditions are met:
· The order has not left our warehouses nor is it in transit to the indicated address.
For orders that have already left the BERCA BRAND SL facilities, the courier company will be notified and in this case, the amount returned to the customer would be in full except for shipping costs.
To request the cancellation of your order you must send an email to the addressBERCA@BERCA.ES
You can also cancel the order from the user's profile in WWW.BERCA.ES. To do this, the user must locate the order in their purchase history, as long as the conditions indicated above are met, the money will be returned to the same card.
credit/debit with which you made the purchase, within 24-48 business days.
19º.- Expenses and methods of shipping and delivery time
Shipping costs will be made by the supplier's transport company and will follow the following rates in the following table:(fill out board with their bills of shipment by sections)
The order will be sent to the address you indicated at the time you made your purchase. The provider does not guarantee delivery to postal mailboxes.
20º.- The delivery time
Between the placing of the order and the date of the first delivery attempt by the transport company at the address indicated in the order, corresponds to the sum of these 2 factors:
The shipping preparation period ( to h) (fill out with their deadlines of shipment) = validation and verification of your data and payment + preparation of your order + collection by the transport company.
The transportation and delivery time of your order are indicated in business days ranging between _ and _ days, if the destination is in or from _ to _ days, if the destination is in . (fill out with their shipping times)
In the event that you do not receive a package within the indicated period, an investigation will be carried out together with the carrier that could last several days (the approximate period is fourteen (14) days
skilled). During this period, no resend or refund of the order can be made.
We advise you that upon receiving your package you verify that everything is in accordance with your order and that the package packaging is in perfect condition, then sign with reservations and indicate by hand on the carrier's delivery note if you found any anomaly upon receipt. When opening your package, if you find that the items delivered do not comply with your order or are damaged, please contact our Customer Service, see its heading. Products shipped by suppliers do not facilitate the process of installing and operating the products.
21º.- Invoice
Where can I check my invoice? The invoice can be consulted and downloaded in the user's control panel. For this download, the user must go to “My Account”, “History of
order", after locating the desired order, the user can click on PDF or on "Details" and
later by clicking on “Download your invoice as a PDF file”. In turn, the invoice will always be delivered printed along with the order.
22º.- Value added tax
In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT).
23º.- Payment methods or modalities
In general, the User may choose the payment method: (Modify either add new methods in case it doesn't fit your accepted payment methods)
By card credit debit , for which it will facilitate, among others:
Name and surname;
card number;
CVV/CVC;
card expiration date;
Once you have validated all the information about your purchase (items, shipping methods, delivery and billing address), an option will appear to choose which payment method you want to use and enter your data
In the event that the payment platform reports that the card has been denied, the order will be automatically cancelled, informing the customer online and at the time of the cancellation as we have commented previously. Payments cannot be made with cards issued outside of Spanish territory.
Your card details will not be saved in our database, since when they are filled out they will be on the secure website of the chosen banking entity.
Your card data is protected at all times thanks to the secure servers of the banking entities that use SSL encryption in their communications.
By Bank transfer
You must make the transfer to the account that will be indicated to you in due course. IMPORTANT: as a transfer concept, you must only indicate the order number that will be indicated to you
24º.- General provisions on the Payment Process
The payment order given by the User necessarily implies adherence to these General Conditions as well as the particular conditions of the order.
For any payment method chosen by the User, all payments will be subject to the terms and conditions applicable to the User by the financial entities involved or by the secure payment platforms (eg Visa, Mastercad, Iupay, etc.).
Once the payment has been correctly made, the User will receive two informative and confirmation emails that prove the essential conditions of the operation:
Contracted services, and description of their provision.
Products sent to the address indicated by the User:
The confirmation email will contain the invoice for the product with which the User may, upon receipt of the order, request the guarantee from the corresponding merchant.
In any case, through the website, the User will always have access to the information of their orders and their corresponding invoices for the purchases made.
The Provider reserves the right to cancel payments or orders in the event of evidence of fraudulent operations, informing the competent authorities of the conduct that is susceptible to investigation for the prevention of fraud.
25º.- Returns of defective, damaged or incorrect products or exercising the right of Withdrawal
Once you have received your order, you can cancel your purchase, as long as the product has not been used, has its original packaging and corresponding manuals, as well as all its original accessories or promotional gifts if any within 14 calendar days. after receipt of your order.
We remind you that when you make use of your right of withdrawal, the money paid for the product(s) purchased will be refunded, including the purchase amount and, if any, the delivery costs in the least expensive mode of delivery. ordinary delivery. Likewise, if you choose the option of collecting the product at your home, the costs of the collection itself will be borne by the customer.
Items that do not have their original packaging intact and unsealed, as well as any type of product personalized for the customer, cannot be returned, exercising the right of withdrawal. In this sense, the return of all products that show some type of manipulation of the protective film of the box or packaging will not be accepted, otherwise the value of the item will suffer a depreciation.
In the case of products that require opening and use in order to know if they work properly, the Provider will require, in order to accept their return, that the product being returned is in perfect condition and also has all its elements, packaging. and wrappers.
And you must also ensure that:
It has not been used incorrectly or negligently, it has not been handled improperly or recklessly, and it has not been subjected to abnormal or harmful conditions.
It has not been involved in any accident or been damaged when attempting to repair or modify it.
It has not been used in a manner contrary to what is established by the manufacturer in the Product instructions.
It has not deteriorated due to natural wear and tear after receipt.
In the event that the product does not meet any of the aforementioned requirements, we may decide, at our discretion, not to repair or replace the product or refund the amount paid and/or we may ask you to reimburse all transportation and inspection costs incurred. based on current standard rates. To carry out this refund, we may charge the aforementioned costs to your credit or debit card account or use the payment details provided when placing the Order.
In the event of a defective product, the Provider will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the consumer and user.
In the event that the product or its packaging has suffered any damage or is not in its original shipping conditions, the value of the item will suffer a depreciation.
This provision does not affect the rights recognized by the consumer under current legislation.
In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, is a product damaged during shipment, or is incorrect, you must contact us immediately using our form. contact information, providing information about the product as well as the damage it suffers, or by calling the number 658 195 881 during our customer service hours mentioned above or the Customer Service section.
Once the refund request has been examined, for which purpose we attach a model for its exercise, in the following link, and once the appropriate checks have been made, after confirmation via e-mail, we will proceed to collect the product at the place of delivery.
We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether it should be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 14 calendar days following the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate.
The amounts paid for products that are returned due to a proven defect or defect will be fully refunded, including the delivery costs incurred to deliver the item. The refund will be made in the same payment method that was used to pay for the purchase.
The rights recognized by current legislation remain safe.
The exchange of an item for a different one will not be accepted; in this case, it must be returned and a new purchase made.
The return of a product purchased on the website can be done by the following means:
– Through a request for collection at your home which you can make by sending an email requesting the return with your contact information and order number or by contacting our customer service through the information provided in the Section 26.
In the event that you have received an incorrect order, call us at Customer Service at No. 658 195 881 or send us an email to the address BERCA@BERCA.ES. We will be happy to assist you to correct the error.
26º.- Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of:
– Products that may have their nature altered.
27º.- Customer service: Help, Suggestions and Complaints
At any time, you can contact our Customer Service to ask for help, make suggestions or complaints by writing to BERCA@BERCA.ES, or by calling 658 195 881 from : until : of to . (enter the schedules here corresponding)
28º.- Product guarantee
All items offered on our website have the official manufacturer's warranty under the legally established terms, for a period of 2 years from the date of delivery.
This warranty period of 2 years, from the delivery of the product, although it does not include deficiencies caused by negligence, knocks, incorrect use or improper manipulations, incorrect installations not carried out by authorized Technical Services when appropriate... etc., nor materials that are worn from use.
The provider reserves the right to request verification of the origin of the problem from an official technical service of the brand. In the event of a defect caused by a cause beyond its origin, the repair will be billable. In those cases that justify the application of the guarantee, the option will be to repair, replace the item, discount or return, under the legally established terms.
In order for you to make the guarantee effective, contact customer service, by phone or email, where they will inform you of the process to follow.
29º.- Rights of the Provider
Preserve, modify or suspend your website without prior notice.
Modify the price of the offers.
Reject orders due to lack of stock or non-payment by the customer.
Refuse access to IT tools to clients in case of non-compliance with these conditions.
Receive the amount of the customer's purchases, once the transaction is accepted.
Reserve ownership and retain full ownership of the item until full payment by the customer.
Do not reproduce, transfer or dispose of the information published by The Provider in all its contents without express permission from the company itself.
Proceed to correct or amend human or computer errors.
30º.- Limitation of liability
All information provided by the User to the Provider and through the corresponding forms must be truthful. It is the User's responsibility to keep the data provided to the Provider duly updated. In any case, the Provider is exempt from any liability for damages or losses caused as a result of having provided false, insufficient, inaccurate or incorrect information.
Access to the website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the Provider.
User through the corresponding forms.
The Provider will not be responsible in those cases in which it corresponds to the parents, guardians or legal representatives of the Users who are minors or incapacitated, to authorize access, provision of personal information or use of the website or the contracting of any products or
services provided through applications or web platform. It will be the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated person when contracting the products and services provided through WWW.BERCA.ES
User access to the Content does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have a harmful effect on the User's computer equipment. In any case, it will be up to the User to have the necessary tools to detect said viruses or harmful computer elements. Consequently, the provider will not be responsible for any possible damage caused to the computer equipment of the Users or third parties during access to the Contents.
The Provider will not be responsible for interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.
31º.- Applicable Law and Jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in that which does not
is expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services that are the subject of these
Conditions, to the Courts and Tribunals of the user's domicile.
In the event that the user is domiciled outside of Spain, the provider and the user expressly renounce any other forum, submitting to the Courts and Tribunals of the domicile of THE OWNER OF THE WEBSITE.
32º.- Online dispute resolution platform for consumers and merchants
The European Commission has launched a platform to help consumers and merchants resolve disputes regarding purchases made on the Internet.
Address to the platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
