General conditions of use
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website www.ground2019.com and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection of www.ground2019.com.
By using this Website or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Conditions and by all of the aforementioned, so if you do not agree with all of this, you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products is requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner 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), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to make purchases through this Website.
The Website is mainly aimed at Users residing in Spain and also with the possibility of purchasing products/services in the United Kingdom (contact using the CONTACT form). Ground.2019 does not ensure that the Website complies with the laws of other countries, either totally or partially.
Ground.2019 declines all liability that may arise from such access, nor does it ensure shipments or provision of services outside of Spain or the United Kingdom.
The User may formalize, at their choice, with Ground.2019 the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users who provide the required information may purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.ground2019.com, during which several products can be selected and added to the cart, basket or final purchase space and, finally, click on: "buy".
Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email with the order confirmation.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question that are displayed on the Website page, indicating, by way of
illustrative, but not exhaustive, and attending to each case: name, price, components, quantity, color, details of the products, or characteristics; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Although Ground.2019 makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information from that which appears on the Site. Web. Therefore, the User must not only consider the information provided by the Website, but also the information available on the label, warnings and/or instructions that accompany the product.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Ground.2019 in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with the LOPD and the rights that assist Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use ).
4. AVAILABILITY
All purchase orders received by Ground.2019 through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, Ground.2019 undertakes to contact the User and refund any amount that may have been paid as an amount.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) or Sterling Pounds (£) depending on your location.
In no case will the Website add additional costs to the price of a product automatically, but only those that the User has voluntarily and freely selected and chosen.
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, and Paypal.
Credit cards will be subject to checks and authorizations by the bank issuing them, if said entity does not authorize the payment, Ground.2019 will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Ground.2019 receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the established place.
When making a payment at www.ground2019.com, the User confirms that the payment method used is his or that, where appropriate, he is the legitimate holder of the gift card or credit card.
6. DELIVERY
In the cases in which the physical delivery of the contracted good is appropriate, the deliveries will be made in the following territory: Spain (Peninsula, and the rest of Spain outside the peninsula with its particularities) with the following rates:
PENINSULA:
- Ordinary shipping (48-72 hours): €3.95
- More than €50: Free shipping.
REST OF SPAIN (3-5 business days):
- Balearic Islands: €7.95
- Canary Islands, Ceuta and Melilla: €10
PORTUGAL:
- International Shipping (3-4 days): €3.95
- More than 50 €: Free shipping.
UNITED KINGDOM (3-5 business days):
- £ 3.95
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization 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 48/72 hours corresponding to business days from the date of order confirmation on business days.
If for any reason, attributable to it, Ground.2019 could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing 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 User's absence, the order may be returned to the warehouse. However, you can contact the transport company to find out the conditions.
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 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 will be borne by the User from the moment of delivery. The User acquires ownership of the products when Ground.2019 receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by Ground.2019.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting Ground.2019 through the spaces of contact enabled on the Website as long as the order has not been sent.
8. RETURNS
In the cases in which the User acquires products on or through the owner's Website, they are assisted by a series 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 said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Ground.2019 Website or in the event that the goods that that make up your 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 material possession of the last of those goods that made up the same purchase order. To exercise this right of withdrawal, the User must notify their decision through the CONTACT section enabled on the Website and they will be informed of the options to send the product to Ground.2019.
The User must express clearly and unequivocally that it is his intention to withdraw from the purchase contract before the corresponding term expires.
In case of withdrawal, Ground.2019 will reimburse the User for all payments received related to the items purchased, excluding shipping costs. Said refund will be made no later than 14 calendar days from the date on which Ground.2019 is informed of the decision to withdraw by the User.
Ground.2019 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, Ground.2019 could withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Ground.2019 at the address that will be provided after notifying them of their request through the CONTACT form.
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date Ground.2019 was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred.
In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned in perfect condition, using or including all their original packaging and other documents that accompany them.
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 comply with the provisions of the contract or purchase order, and that, therefore, they should contact Ground. 2019 immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information 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, if the refund or, where appropriate, the replacement of the same is appropriate. .
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 email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including 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, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, Ground.2019 responding, therefore, for the lack of conformity thereof
manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Ground.2019 and possess the qualities presented therein; and present the quality and performance of the product. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by law, Ground.2019 will not accept any responsibility for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on your part.
- Ground.2019 applies all the measures related to providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. or others of this nature.
- Ground.2019 will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the product. Ground.2019 puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however, it disclaims responsibility for causes that are not attributable to it, acts of God or force majeure .
- Ground.2019 will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Ground.2019 will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, Ground.2019 will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, that are due to force greater, and this may include, by way of example but not exhaustive: o Strikes, lockouts or other protest measures.
o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war. o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. In the same way 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 will be suspended during the period in which the cause of force majeure continues, and Ground.2019 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.
Ground.2019 will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most of the communications with Ground.2019 are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Ground.2019 sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and/or communicate with Ground.2019 through the contact details provided in these Conditions (contact spaces on the Website).
Likewise, unless otherwise stipulated, Ground.2019 may contact and/or notify the User via email or at the postal address provided.
11. WAIVER
No waiver by Ground.2019 of a specific legal right or action or the lack of requirement by Ground.2019 for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver by Ground.2019 of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Ground.2019 in relation to the object of sale and replace any other prior agreement, agreement or promise agreed verbally or in writing by the same parts.
The User and Ground.2019 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 that the User provides to Ground.2019 in the course of a transaction on the Website, will 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 Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by the corresponding legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Ground.2019 and the User, will be submitted to the non-exclusive jurisdiction of the courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Ground.2019 their complaints, claims or any other comment they wish to make from the CONTACT form.
Likewise, if a dispute arises from the conclusion of this purchase contract between Ground.2019 and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on the resolution of online disputes in consumer matters.