Condiciones de venta

TERMS & CONDITIONS

1. GENERAL INFORMATION

The ownership of this website https://www.colorglass-shop.com, (hereinafter Web Site) is held by Color Glass Import S.L.U., provided by NIF: B66924267 and registered in the Barcelona Commercial Register; and its registration details are: Volume 45735, Folio 198, Sheet B 497307, Inscription 1; and whose contact details are:

Registered office (offices): C/ Sant Fructuós, 63, 4º2ª - 08004 Barcelona - Spain

Address of the warehouse: Calle Cobalto, 89 - 08907 L'Hospitalet de Llobregat (Bcn) Barcelona - Spain

Contact phone: +34 931 52 41 92, from Monday to Friday, from 9:00am to 1:30pm and from 2:30pm to 6:00pm, except national or local holidays.

Email: info@colorglassimport.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Web Site https://www.colorglass-shop.com and the purchase or purchase of products on it (hereinafter referred to as the Conditions).

For the purposes of these Conditions it is understood that the activity that Color Glass Import S.L.U. develops through the Website includes:

The marketing and distribution of glass and all products and machinery related to glass, as well as materials related and/or complementary to glass.

In addition to reading these Conditions, before accessing, navigating and/or using this website, the User must have read the Legal Notice including the Terms of Use, the Cookies Policy, and the Privacy and Color Data Protection Policy.

2. THE USER

The access, navigation and use of the Web Site confers the status of user (hereinafter referred to, without distinction, individually as User or jointly as Users), so that they are accepted, from the beginning of the navigation on the Web Site, all the conditions set out herein, as well as any subsequent amendments thereto, without prejudice to the application of the relevant legal provisions which must be complied with as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

To make use of this Web Site only for consultations and legally valid purchases or acquisitions.

Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.

Provide accurate and lawful contact details, for example email address, postal address and/or other information (see Legal Notice).

The User declares to be over 18 years of age and to have legal capacity to conclude contracts through this Website.

The User will be able to formalize, at his choice, with Color Glass Import S.L.U. the contract of sale of the desired products in any of the languages in which the present Conditions are available in this Web Site.

3. PURCHASING OR PROCUREMENT PROCESS

Duly registered Users may purchase from the Website by established means and forms. They must follow the procedure of buying and/or purchasing online https://www.colorglass-shop.com, during which several products can be selected and added to the cart, basket or final shopping space and finally click on "PURCHASE".

The User must also fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the details of the purchase can be modified.

The User will then receive an email confirming that Color Glass Import S.L.U. has received his order or purchase request, that is, the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through his personal space of connection to the Website.

Once the purchase procedure has been completed, the User consents that the Web Site generates an electronic invoice that will be sent to the User through e-mail and, where applicable, through his personal space of connection to the Web Site. The User may also, if he so wishes, obtain a copy of his invoice on paper, by requesting it from Color Glass Import S.L.U. using the contact spaces of the Website or through the contact details provided above.

The User acknowledges to be aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are displayed next to the presentation or, where applicable, image of the product in its website page, indicating, as a statement, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, colour, product details, or characteristics; and acknowledges that the execution of the purchase or acquisition order materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Color Glass Import S.L.U. is not the manufacturer of the products sold or that may be marketed on the Website. While Color Glass Import S.L.U. makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or other information than that appearing on the Website. Therefore, the User should consider not only the information provided by the Website, but also the information available in the labelling, warnings and/or instructions accompanying the product.

The communications, purchase orders and payments that intervene during the transactions carried out in the Web Site could be archived and preserved in the computerized records of Color Glass Import S.L.U. in order to constitute a means of proof of the transactions, in any event, with due regard to reasonable security conditions and applicable laws and regulations, and in particular with regard to the LOPD and the rights of Users under the Privacy Policy of this Website.

4. AVAILABILITY

All purchase orders received by Color Glass Import S.L.U. through the Web Site are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affecting their supply. If there are difficulties regarding the supply of products or if there are no products left in stock, Color Glass Import S.L.U. undertakes to contact the User and reimburse any amount that could have been paid as an amount.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, except that due to legal requirement, especially with regard to VAT, a different issue is indicated and applied.

However, unless otherwise indicated in a timely manner, the prices of the items offered exclude any shipping costs that may be incurred, which will be added to the total amount due. Considering the diversity of products offered for sale in terms of size, weight and nature, shipping costs cannot be calculated automatically at the time of order. They shall be determined on a case-by-case basis on the basis of the volume, weight and destination of the package. Color Glass Import S.L.U. will send to the User within 24 hours the budget with the shipping costs.

In no case will the Website add additional costs to the price of a product automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but any 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, and Bank Transfer.

Color Glass Import S.L.U. uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards shall be subject to checks and authorisations by the issuing bank if the issuing bank does not authorise the payment, Color Glass Import S.L.U. shall not be liable for any delay or failure to deliver and may not enter into any contract with the User.

Once Color Glass Import S.L.U. receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that sufficient funds are available to complete the transaction. The charge on the card will be made at the time the confirmation of shipment is sent to the User.

In any case, by clicking on "PURCHASE" the User confirms that the payment method used is his or that, if applicable, he or she is the legitimate holder of the gift card or the credit card.

The orders of purchase or acquisition in which the User selects as means of payment the bank transfer will be reserved for 5 calendar days from the confirmation of the order in order to be able to leave sufficient time for the bank transfer to be taken into account by the payment system used by Color Glass Import S.L.U. for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

By means of this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and reference of the transfer. In case of error, Color Glass Import S.L.U. will not be able to validate the order, which will be cancelled.

6. DELIVERY

In the cases in which it is necessary to make the physical delivery of the goods contracted, the deliveries will be made in the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union and rest of Europe.

With the exception of cases in which unforeseen or extraordinary circumstances exist or, where appropriate, resulting from the personalisation of the products, the purchase order consisting of the products related to each purchase confirmation will be delivered within the period indicated on the Website and, in any case, within 30 calendar days from the date of the order confirmation.

If for any reason attributable to you, Color Glass Import S.L.U. cannot comply with the delivery date, it will contact the User to inform you of this circumstance and, he 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 take place on working days.

If it proves impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it be delivered again.

If the User is not going to be at the place of delivery in the agreed time zone, he must contact Color Glass Import S.L.U. to arrange the delivery 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 Color Glass Import S.L.U., it will be understood that the User wishes to withdraw from the contract and that the contract will be considered avoided.As a consequence of the termination of the contract, all payments received from the User will be returned to you, with the exception of the additional costs resulting from the User’s own choice of a delivery modality other than the least costly ordinary delivery modality offered by the Website, without undue delay and, in any event within a maximum period of 14 days from the date on which the contract is deemed to have been terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it shall be understood that the delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which shall be evidenced by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Color Glass Import S.L.U. receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if the payment takes place at a time after receipt of the full amount paid by Color Glass Import S.L.U.

In accordance with the provisions of Law 88/1330 on Value Added Tax (VAT), purchase orders for their delivery shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory with the exception of the Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be that which is in force at any given time, depending on the particular article in question.

In the same vein, and in accordance with Chapter I 0883/110 on the common system of VAT, purchase orders shall be placed for delivery in the Member State of the European Union where the address indicated in the purchase order is located and, therefore, the VAT applicable shall be that in force in that Member State.

For orders to the Canary Islands, Ceuta and Melilla, the deliveries will be exempt from VAT by application of the provisions of Law 88/1330 without prejudice to the application of the corresponding taxes and tariffs according to the regulations in force in each of these territories. The User must take into account that in these territories there may be situations in which taxes and customs duties are applied and payable at destination, in accordance with the regulations in force, and that these may be on his part.

For all other locations, other than those above, where purchase orders will be located, the regulations in force at the time will apply for their delivery; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be on his part. For further information, the User should contact the customs office at destination.

7. TECHNICAL MEANS OF CORRECTING ERRORS

The User is advised that in the event that he or she detects an error in entering data necessary to process his or her purchase request on the Website, you can modify them by contacting Color Glass Import S.L.U. through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). This information could also be remedied by the User through his personal space of connection to the Website.

In any case, the User, before clicking on "PURCHASE", has access to the space, cart, or basket where they are announcing their purchase requests and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise his right of rectification as established in the Organic Law 15/1999, of 13 December, of Protection of Personal Data.

8. RETURNS

In cases where the User purchases products through the Website of the holder, he/she has a series of rights, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without need of justification.

This withdrawal period shall expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired physical possession of the goods purchased on the Color Glass Import S.L.U. Web Site or if the goods that compose its order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired physical possession of the last of those goods which made up the same purchase order.

In order to exercise this right of withdrawal, the User must notify Color Glass Import S.L.U.  The User may do so, where appropriate, through the contact spaces provided on the Website or through:

COLOR GLASS IMPORT S.L.U. – Warehouse

Calle Cobalto, 89

08907 L'Hospitalet de LLobregat (Bcn)

Phone: +34 931 52 41 92

Email: info@colorglassimport.com

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally state that it is his intention to withdraw from the purchase contract.

In order to comply with the withdrawal period, it is sufficient that the communication which unequivocally expresses the decision to withdraw is sent before the expiry of the relevant period.

In case of withdrawal, Color Glass Import S.L.U. will reimburse the User all payments received, excepting shipping costs, without undue delay and, in any event no later than 14 calendar days from the date on which Color Glass Import S.L.U. is informed of the User’s decision to withdraw.

Color Glass Import S.L.U. will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Color Glass Import S.L.U. may withhold such reimbursement until it has received the products or articles of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User can return or send the products to Color Glass Import S.L.U. at:

COLOR GLASS IMPORT

Calle Cobalto, 89

08907 L'Hospitalet de LLobregat (Bcn)

And it must do so without undue delay and in any case no later than 14 calendar days from the date on which Color Glass Import S.L.U. was informed of the decision to withdraw.

The User acknowledges that he will have to bear the direct cost of returning (transport, delivery) the goods, if any were incurred. It shall also be responsible for the reduction in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 188, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. This would be the case, but not exhaustively, in the case of: personalised products; products which may rapidly deteriorate or expire; products which, for reasons of hygiene or health, are sealed and unsealed after delivery.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions as those in which they were delivered or that have suffered some damage after delivery.

The products must also be returned using or including all their original packaging, instructions and any other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or shipping error

These are all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, you must contact Color Glass Import S.L.U. immediately and let it 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 to the return of the products, and the products, once returned, will be examined and the User will be informed, within a reasonable time, if the reimbursement or, if necessary, the replacement of the same.

The amount paid for those products that are returned due to some defect, when it actually exists, will be reimbursed in full, including the delivery costs and the costs that the User could have incurred 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, it will always be to the rights recognized in the legislation in force at any time for the User, as consumer and user.

Guarantees

The User, as consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, answering Color Glass Import S.L.U., therefore, because of the lack of conformity of the same that is manifested within 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 Color Glass Import S.L.U. and have the qualities presented therein; they are suitable for the uses normally intended for products of the same type; and they have the usual quality and performance of a product of the same type and are essentially expected from it. When this is not the case for 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 have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and thus form part of the individual appearance of the product, and they won’t be a flaw.

On the other hand, it may happen that the User acquires on the Website a product of a trademark or manufacture by a third party. In this case, and considering the User that it is a defective product, it also has the possibility to contact the mark or manufacturer responsible for the product to find out how to exercise its legal right of guarantee directly against them during the two years following the delivery of those products. To do this, the User must have retained all information regarding the warranty of the products.

9. EXEMPTION FROM LIABILITY

Unless otherwise provided by law, Color Glass Import S.L.U. will not accept any liability for the following losses, regardless of their origin:

• any losses not attributable to default on its part;

• business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time of the conclusion of the contract of sale of the products between the two parties.

Similarly, Color Glass Import S.L.U. also limits its liability in the following cases:

• Color Glass Import S.L.U. applies all measures concerning the provision of a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to the lack of screen resolution, or problems of the browser being used or others of this nature.

• Color Glass Import S.L.U. will act with the utmost diligence to make available to the company in charge of the transport of the product under the purchase order. However, it is not liable for damages arising from a malfunctioning of the transport, especially for causes such as strikes, roadblocks, and generally any other specific of the sector, that result in delays, losses or theft of the product.

• Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Color Glass Import S.L.U. puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipment/delivery of the products, however it is exempted from liability for reasons not attributable to it, fortuitous case or force majeure.

• Color Glass Import S.L.U. shall not be liable for misuse and/or wear and tear of products that have been used by the User. At the same time, Color Glass Import S.L.U. will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

• In general, Color Glass Import S.L.U. will not be held responsible for any failure or delay in fulfilling any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is to say that they are due to force majeure, and that force majeure may include, but shall not be limited to:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparation of war.

  • Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.

  • Impossibility to use trains, boats, aircraft, motor transport or other means of transport, public or private.

  • Impossibility to use public or private telecommunications systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Color Glass Import S.L.U. will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Color Glass Import S.L.U. will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that most communications with C Color Glass Import S.L.U. are 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 any contract, notification, information and other communications that Color Glass Import S.L.U. 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 Color Glass Import S.L.U. through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Color Glass Import S.L.U. may contact and/or notify the User in his email or at the postal address provided.

11. RESIGNATION

No waiver by Color Glass Import S.L.U. of a specific right or legal action or the lack of requirement by Color Glass Import S.L.U. of the User’s strict compliance with any of its obligations shall entail, nor a waiver of any other rights or actions arising from a contract or the Terms, nor shall the User discharge his obligations.

No waiver by Color Glass Import S.L.U. of any of these Conditions or of any rights or actions arising from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. FULL AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement existing between the User and Color Glass Import S.L.U. in relation to the object of sale and supersede any other agreement, prior agreement or promise agreed orally or in writing by the same parties.

The User and Color Glass Import S.L.U. acknowledge that they have 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.

13. PROTECTION OF DATA

The information or personal data that the User provides to Color Glass Import S.L.U. in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Privacy Policy). By accessing, navigating and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided by the User is true.

14. COMPLAINTS AND COMPLAINTS

The User may forward to Color Glass Import S.L.U. his complaints, complaints or any other comments he wishes to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Color Glass Import S.L.U. has official complaint sheets available to consumers and users, which they can request from Color Glass Import S.L.U. at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the conclusion of this purchase contract between Color Glass Import S.L.U. and the User gives rise to a dispute, the User as consumer may request an out-of-court settlement of disputes, in accordance with Regulation EU No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method via the website: http://ec.europa.eu/consumers/odr/.

Last modification: 30/03/2022