GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
The ownership of this website, www.chelsea1979.com (hereinafter Website) is held by: COMERCIAL CHELSEA 1979, SL, provided with NIF B-66637455 and registered in Spain and whose contact details are: Carrer de la Botànica 81, 089098 Hospitalet de Llobregat, Barcelona.
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.chelsea1979.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that COMERCIAL CHELSEA 1979, SL develops through the Web Site includes:
Communication and promotion of the vehicles owned by Chelsea 1979. Communication of the events and activities of the brand and sale of merchandising of the brand online.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of COMERCIAL CHELSEA 1979, SL.
By using this Web Site or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all the above mentioned, so if he/she does not agree with all of them, he/she should not use this Web Site.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
● Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
● Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
● Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Web Site is directed mainly to Users residing in Spain. COMERCIAL CHELSEA 1979, SL does not assure that the Web Site complies with the legislation of other countries, either totally or partially. COMERCIAL CHELSEA 1979, SL declines all responsibility that could be derived from the above mentioned access, as well as it does not assure deliveries or services out of Spain.
The User will be able to formalize, to his choice, with COMERCIAL CHELSEA 1979, SL the contract of sale of the products and/or services wished in any of the languages in which the present Conditions are available in this Web site.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy in the Web Site by the established means and ways. They shall follow the online purchase and/or acquisition procedure of COMERCIAL CHELSEA 1979, SL , during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on:
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming receipt of his order or request for purchase and/or provision of the service, i.e., confirmation of the order. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. And, where appropriate, through his personal space of connection to the Website. Likewise, the User can, if he/she wishes it, obtain a copy of his/her invoice in paper, requesting it to COMERCIAL CHELSEA 1979,SL using the contact spaces of the Web Site or through the contact data provided above.
The User acknowledges being aware, at the time of purchase, certain special conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on your page of the Web Site, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless otherwise expressly stated, COMERCIAL CHELSEA 1979, SL is not the manufacturer of the products sold or that could be marketed in the Web Site. Although COMERCIAL CHELSEA 1979, SL makes great efforts so that the information shown in the Web Site is correct, sometimes the packing and/or the materials and/or the components of the products can contain additional or different information from the one that appears in the Web Site. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
All the purchase orders received by COMERCIAL CHELSEA, SL through the Web Site are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same ones and/or the provision of the services. If difficulties arise in the supply of products or products are not in stock, COMERCIAL CHELSEA 1979, SL undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website in Euros (€) don’t include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Web Site. Thus, COMERCIAL CHELSEA 1979, SL carries out the services of delivery and/or shipment through MRW.
In no case the Web Site will add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card.
The credit cards will be subject to verifications and authorizations on the part of the issuing bank of the same ones, if the above mentioned entity does not authorize the payment, COMERCIAL CHELSEA 1979, SL will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once COMERCIAL CHELSEA 1979, SL receives the purchase order from the User through the Web Site, the payment will be made and the User will be sent the confirmation of shipment and/or confirmation of the service provided in the form and, where appropriate, place established.
In any case, by clicking on “Finalize purchase” the User confirms that the payment method used is his or her own or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.
In those cases in which it is appropriate to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, which was attributable to him, COMERCIAL CHELSEA 1979, SL could not meet the delivery date, will contact the user to inform him of this circumstance and the user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User will not be at the place of delivery in the agreed time slot, you should contact COMERCIAL CHELSEA 1979, SL to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to COMERCIAL CHELSEA 1979, SL, it will be understood that the user wishes to withdraw from the contract and it shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires the ownership of the products when COMERCIAL CHELSEA 1979, SL, receives the complete payment of all the amounts due in relation to the purchase or acquisition carried out, including the shipping costs, or at the moment of the delivery, if this takes place at a later moment than the complete reception of the amount paid by COMERCIAL CHELSEA 1979, SL.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he/she detects that an error has occurred when entering the necessary data to process his/her purchase request on the Web Site, he/she may modify them by contacting COMERCIAL CHELSEA 1979, SL through the contact spaces provided on the Web Site, and, if necessary, through those provided to contact the customer service, and/or using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Finalize purchase”, has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use for more information on how to exercise their right of rectification in accordance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data.
In cases where the User acquires products on or through the Website of the owner, you have a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the Website of www.chelsea1979.com or, in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods making up the same purchase order.
In order to exercise this right of withdrawal, the User will have to notify his decision to COMERCIAL CHELSEA 1979, SL. It will be able to do it, in his case, across the spaces of contact enabled in the Web site or across: email@example.com
The User, independently of the way he chooses to communicate his decision, must express in a clear and unequivocal way that it is his intention to withdraw from the purchase contract. In any case, the User will be able to use the model of withdrawal form that COMERCIAL CHELSEA 1979, SL. puts to his disposition as part annexed to these Conditions, nevertheless, his use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, COMERCIAL CHELSEA 1979, SL. shall reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which COMERCIAL CHELSEA 1979, SL. is informed of the decision to withdraw by the User.
COMERCIAL CHELSEA 1979, SL will reimburse the user using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, COMERCIAL CHELSEA 1979, SL. could withhold such refund until it has received the products or articles of the purchase, or until the User presents a proof of the return of the same ones, depending on which condition is fulfilled first.
The User may return or send the products to COMERCIAL CHELSEA 1979, SL. at: Carrer de la Botànica 81, 08908 Hospitalet de Llobregat, Barcelona.
And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which COMERCIAL CHELSEA 1979, SL. was informed of the decision of withdrawal.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, it will be responsible for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense, the provision of a service that the User could contract in this Web Site is governed, since this same Law establishes that the right of withdrawal will not assist the Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by COMERCIAL CHELSEA 1979, SL., he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact COMERCIAL CHELSEA 1979, SL. immediately and let him know the existing non-conformity (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
The User, as consumer and user, enjoys guarantees on the products that he/she can acquire through this Web Site, in the terms legally established for each type of product, responding COMERCIAL CHELSEA 1979, SL, therefore, for the lack of conformity of the same ones that is manifested in a term of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by COMERCIAL CHELSEA 1979, SL and possess the qualities presented therein; they are suitable for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
9. EXONERATION OF RESPONSIBILITY
Unless otherwise provided by law, COMERCIAL CHELSEA 1979, SL shall not accept any liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach by you.
Business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred).
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.
Likewise, COMERCIAL CHELSEA 1979, SL also limits its liability in the following cases:
COMERCIAL CHELSEA 1979, SL applies all the measures concerning to provide a faithful visualization of the product in the Web Site, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the navigator that is used or others of this nature.
COMERCIAL CHELSEA 1979, SL will act with the maximum diligence in order to put at the disposal of the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. COMERCIAL CHELSEA 1979, SL puts all the means within its reach in order to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless it is exempted of responsibility for causes that are not imputable to him, fortuitous case or major force.
COMERCIAL CHELSEA 1979, SL shall not be liable for the misuse and/or wear of the products that have been used by the User. At the same time, COMERCIAL CHELSEA 1979, SL will not be responsible for an erroneous return made by the User. It is the responsibility of the user to return the correct product.
In general, COMERCIAL CHELSEA 1979, SL shall not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control, that is to say, that are due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using public or private telecommunications systems. o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations shall be suspended during the period in which the cause of force majeure continues, and COMERCIAL CHELSEA 1979, SL shall have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure.
COMERCIAL CHELSEA 1979, SL will put all the reasonable means to find a solution that allows us to fulfill our obligations in spite of the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most of the communications with COMERCIAL CHELSEA 1979, SL will be electronic (e-mail or notices published on the Web Site).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that COMERCIAL CHELSEA 1979, SL sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with COMERCIAL CHELSEA 1979, SL through the contact details provided in these Conditions and, if applicable, through the contact spaces of the Web Site.
Likewise, unless otherwise stipulated, COMERCIAL CHELSEA 1979, SL may contact and/or notify the User by e-mail or at the postal address provided.
No waiver of COMERCIAL CHELSEA 1979, SL to a right or concrete legal action or the lack of requirement by COMERCIAL CHELSEA 1979, SL of the strict fulfillment by the User of any of its obligations will suppose, neither a waiver to other rights or actions derived from a contract or from the Conditions, nor will exonerate the User from the fulfillment of its obligations.
No waiver by COMERCIAL CHELSEA 1979, SL to any of the present Conditions or to the rights or actions derived from a contract shall be effective, unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document expressly referred to in these constitute the complete agreement existing between the User and COMERCIAL CHELSEA 1979, SL in relation to the object of sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and COMERCIAL CHELSEA 1979, SL acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to COMERCIAL CHELSEA 1979, SL in the course of a transaction on the Web Site shall be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Web Site, or with the interpretation and execution of these Conditions, or with the sales contracts between COMERCIAL CHELSEA 1979, SL and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.