GENERAL CONTRACTING CONDITIONS

 

 

This contractual document will govern the contracting of products and services through the website front-row.es, property of FRONT-ROW LA RAPITA SL, hereinafter PROVIDER.

 

Acceptance of this document implies that the USER:

 

-            You've read, you understand and you're agree with this text.

- He is a person with sufficient capacity to contract.

- Assumes all obligations set forth herein.

 

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER website.

 

The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously purchased from the modification.

 

Identity of the contracting parties

 

On the one hand, the provider of the goods or services contracted by the USER is FRONT-ROW LA RAPITA SL, with registered office Plaça Carles III, 40 - 43540 SANT CARLES DE LA RAPITA (Tarragona), NIF B55649230 and with customer service telephone number. customer / USER +34 977 740 942.

 

And on the other, the USER, registered on the website through a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

 

Purpose of the contract

 

The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

 

The contractual relationship of sale and purchase involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.

 

Contracting procedure

 

The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.

 

The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them.

or possible access by an unauthorized third party, so that it proceeds to immediate blocking.

 

Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

 

1. General contracting clauses.

2. Shipping orders.

3. Right of withdrawal.

4. Claims.

5. Force majeure.

6. Competition.

7. Overview of the offer.

8. Price and validity period of the offer.

9. Transportation expenses.

10. Payment method, expenses and discounts.

11. Purchase process.

12. Applicable guarantees.

13. Guarantees and returns.

14. Applicable law and jurisdiction.

 

 

1. GENERAL CONTRACTING CLAUSES

 

Unless specifically provided in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

 

2. DELIVERY OF ORDERS

 

The PROVIDER will not send any order until it has verified that the payment has been made.

 

Shipments of goods will usually be made through EXPRESS MESSAGING (MRW or others), according to the destination freely designated by the USER.

 

The delivery dates or terms will be understood as approximate, the delay not constituting essential non-compliance. In the event that the PROVIDER has not made the delivery of the merchandise after 30 days from the agreed delivery date, the client will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby derive no responsibility for damages attributable to the PROVIDER.

 

The delivery time is usually between 3 and 8 working days, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

 

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, as the data provided by the USER is false, inaccurate or incomplete.

 

The delivery will be considered made at the time the carrier has made the products available to the USER and the latter, or his delegate, has signed the delivery receipt document.

It is the responsibility of the USER to verify the products upon receipt and expose all the qualifications and claims that may be justified in the delivery receipt document.

 

In the event that the contracting does not entail the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to carry out this download.

 

 

3. RIGHT OF WITHDRAWAL

 

The USER has the same rights and terms to proceed with the return and / or claim the possible vices or defects that the product or service presents, both online and offline.

 

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the product (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

 

The right of withdrawal cannot be applied in the following cases:

 

1. If the product is not presented in perfect condition.

 

2. If the product packaging is not the original one or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.

 

3. When the product is open without being able to demonstrate that it has not been used.

 

4. In software applications that are directly downloaded through the portal.

 

5. When they are personalized products or those that, for hygiene reasons or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.

 

Any return must be communicated to the PROVIDER at devolutions@front-row.es, indicating the invoice or order number and sending the product to the PROVIDER at the address of FRONT-ROW LA RAPITA SL, Plaça Carles III, 40 - 43540 SANT CARLES DE LA RAPITA (Tarragona) indicating this invoice or order number in the shipment and with the transport costs at your expense.

 

 

4. CLAIMS

 

Any claim that the USER considers appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

 

Postcard: FRONT-ROW LA RAPITA SL, Plaça Carles III, 40 - 43540 SANT CARLES DE LA RAPITA (Tarragona)

Telephone: 977740663

Mail: atencioncliente@front-row.es

 

 

Online Dispute Resolution

 

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third, called the Dispute Resolution Agency, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ 5. FORCE MAJEURE The parties will not incur responsibility for any fault due to a greater cause. Compliance with the obligation will be delayed until the cessation of the case of force majeure. 6. COMPETITION The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, know and accept these General Conditions in all their extension. 7. OVERVIEW OF THE OFFER All sales and deliveries made by the PROVIDER will be understood as subject to these General Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of FRONT-ROW LA RAPITA SL or to what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail. Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected. 8. PRICE AND VALIDITY OF THE OFFER The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased. The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices can change daily while the order is not made.

 

Once the order is placed, the prices will be maintained whether there is product availability or not.

 

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that has been informed at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.

 

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 977740663 or via email at atencioncliente@front-row.es.

 

 

9. TRANSPORTATION COSTS

 

Prices do not include shipping or communication costs, installation costs, or additional services, unless expressly agreed otherwise in writing.

 

The freight will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.

 

The maximum transport rate applied is as follows:

 

Provinciial up to 2 kg. € 6.21

Regional + Lim. up to 2 kg. € 7.18

Peninsula (not Portugal) up to 2 kg. € 8.93

Balearic Islands up to 2 kg. € 11.68

 

 

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

 

The PROVIDER enables the following ways to make the payment of an order:

 

• Credit card: no discounts or charges will be applied.

 

 

11. PURCHASE PROCESS

 

Basket (budget simulation)

 

Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.

 

The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.

 

From the basket you can make an order by following the steps below for its correct formalization

1. - Checking the billing information.

2. - Checking the shipping address.

3. - Selection of the payment method.

4. - Place the order (buy).

 

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

 

Orders (purchase requests)

 

In a maximum of 24 hours, on working days, an email will be sent to confirm the order status and the shipping date.

 

 

12. APPLICABLE WARRANTIES

 

All products offered through the website are completely original, unless otherwise indicated in its description. All have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and users and other complementary laws.

 

 

13. GUARANTEES AND RETURNS

 

The guarantee of the offered products will respond to the following articles based on Law 23/2003, of July 10, on Guarantees of sale of consumer goods:

 

I) Conformity of the products with the contract

 

1. Unless proof to the contrary, it will be understood that the products are in accordance with the contract as long as they meet all the requirements that are expressed below, except that due to the circumstances of the case some of them are not applicable:

 

a) They conform to the description made by FRONT-ROW LA RAPITA SL.

 

b) They are suitable for the uses to which the products of the same type are ordinarily destined.

 

c) They are suitable for any special use required by the client when they have made it known to FRONT- ROW LA RAPITA SL at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.

 

d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the products made by FRONT-ROW LA RAPITA SL.

 

e) FRONT-ROW LA RAPITA SL describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.

 

2. The lack of conformity resulting from the incorrect installation of the product will be equated with the lack of conformity of the same when the installation is included in the sale contract and has been carried out by

FRONT-ROW LA RAPITA SL or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.

 

3. The responsibility for non-conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that originate from materials supplied by the USER will not proceed.

 

II) LIABILITY OF THE PROVIDER

 

FRONT-ROW LA RAPITA SL will respond to the USER for any lack of conformity that exists at the time of product delivery. FRONT-ROW LA RAPITA SL recognizes the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.

 

III) Repair and replacement of products

 

1. If the product does not comply with the contract, the USER may choose to demand repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to FRONT-ROW LA RAPITA SL the chosen option, both parties must abide. This decision of the USER is understood without prejudice to the provisions of article IV below for the cases in which the repair or replacement fails to bring the product into conformity with the contract.

 

2. Any form of sanitation that imposes on FRONT-ROW LA RAPITA SL costs that, in comparison with the other form of sanitation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, will be considered disproportionate. the relevance of the lack of conformity and whether the alternative form of sanitation could be carried out without major inconveniences for the USER.

3. In case of verifying that the product has been used, modified or manipulated in any way, no product changes or refunds will be made.

 

IV) Rules for product repair or replacement

 

Repair and replacement will conform to the following rules:

 

a) They will be free for the USER.

This gratuity will include the necessary expenses made to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.

 

b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they have for the USER.

 

c) The repair suspends the computation of the terms referred to in Article VII. The suspension period will start from when the USER makes the product available to FRONT-ROW LA RAPITA SL and will conclude with the delivery to the USER of the already repaired product. During the six months after the delivery of the repaired product, FRONT- ROW LA RAPITA SL will respond for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

 

d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII will apply to the substitute product.

 

e) If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract in the terms of article V. f) If the substitution fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI. V) Price reduction and termination of the contract The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or replacement of the product and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the user. The resolution will not proceed when the lack of conformity is of little importance. VI) Criteria for price reduction The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract, and the value that the product actually delivered had at the time of delivery. 14. APPLICABLE LAW AND JURISDICTION These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services object of these Conditions. In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of SANT CARLES DE LA RAPITA (Spain).