General Terms and Conditions of Sale

Vision

This contractual document shall govern the General Conditions for contracting products (hereinafter, "Conditions") through the habitataove.com website, owned by HABITAT AOVE S.COOP AND under the trade name of HABITAT AOVE, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions shall remain published on the website and shall be available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by HABITAT AOVE S.COOP AND. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. HABITAT AOVE S.COOP AND will file the electronic document where the purchase is formalised and will keep it at the USER'S disposal should the USER request it.

Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• You have read, understand and comprehend the above.
• A person with sufficient capacity to contract.
• It assumes all the obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in 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 purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is HABITAT AOVE S.COOP AND, with registered office at CAMPO CAMARA, - 18815 CORTES DE BAZA (Granada), NIF F02739571 and customer service telephone number 623326706.

On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to INFO@HABITATAOVE.COM so that HABITAT AOVE S.COOP AND can correct them as soon as possible.

The USER may keep his/her data updated by accessing his/her user account.

Recruitment procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and 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 processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.

The USER will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

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

1. General terms and conditions.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online complaints and dispute resolution.
5. Force majeure.
6. Competence.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Unbundling and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. General terms and conditions

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies 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. Shipping and delivery of orders

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

Shipments of goods will usually be made by EXPRESS MAIL (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination town and the chosen method of payment. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to perform the contract remotely

In the event of not being able to execute the contract because the contracted product or service is not available on time, the USER will be informed of the lack of availability and that he/she will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

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

Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set out in this contract.

It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER shall previously inform the USER of the procedure to be followed in order to carry out this download.

3. Right of withdrawal

Withdrawal form: https://habitataove.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the date of expiry of the initial withdrawal period (article 103 of RDL 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).

 

The right of withdrawal shall not apply (art. 103 RDL 1/2007, of 16 November) to contracts relating to:

• The provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with his acknowledgement that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.
• The supply of goods or services the price of which depends on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the withdrawal period.
• The supply of goods made to the specifications of the consumer and user or clearly personalised.
• The supply of goods that are likely to deteriorate or expire quickly.
• The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
• The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
• The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the control of the entrepreneur.
• Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
• The supply of sealed sound or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
• The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
• Contracts concluded by means of public auctions.
• The provision of accommodation services for purposes other than housing, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
• The supply of digital content that is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to INFO@HABITATAOVE.COM, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of 15% of its value to the USER by previously informing the USER of this through the same communication channel used.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs at his/her expense, to the address of HABITAT AOVE S.COOP AND, CAMPO CAMARA, - 18815 CORTES DE BAZA (Granada).

4. Complaints and online dispute resolution

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

 

Postcard: HABITAT AOVE S.COOP AND, CAMPO CAMARA, - 18815 CORTES DE BAZA (Grenada)
Telephone: 623326706
E-mail: INFO@HABITATAOVE.COM
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may 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 shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

6. Competition

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be affected or modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

7. Generalities of the offer

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to HABITAT AOVE S.COOP AND's Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

8. Price and period of validity of the tender

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether or not products are available.

Any payment made to the PROVIDER shall be subject to the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 623326706 or by e-mail at the following address INFO@HABITATAOVE.COM.

9. Transport costs

The prices published in the shop do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.

The transport tariff (including VAT) applied is as follows:

Home delivery and Correos España office.

 [/vc_column_text][vc_column_text]Zone 1, 2 and 3: Intra Peninsular Shipments or Andorra(1)
Up to 1 kg: 13,60€.
More than 1 up to 5 kg: 16,75€.
Over 5 to 10 kg: 22€.
More than 10 up to 15 kg: 26,20€.
Over 15 up to 20 kg: 31,90€.
More than 20 up to 25 kg: 37,75€.
Over 25 up to 30 kg: 43,45€.
Additional Kilo: 1,25€.

(1) Shipments to Andorra shall be exempt from the application of indirect taxes.

Zone 4: Shipments to the Balearic Islands, Ceuta or Melilla(2)
Up to 1 kg: 15,20€.
More than 1 up to 5 kg: 21,55€.
More than 5 to 10 kg: 33,60€.
More than 10 up to 15 kg: 45,15€.
More than 15 up to 20 kg: 57,20€.
More than 20 up to 25 kg: 69,20€.
Over 25 up to 30 kg: 81,35€.
Additional Kilo: 2,50€.

(2) Rate also applicable to shipments from the Balearic Islands to mainland Spain or Andorra. In the latter case, they will be exempt from VAT. Shipments with destination Ceuta or Melilla will be exempt from the application of indirect taxes.

Zone 5: Shipments to the Canary Islands
Up to 1 kg: 22,60€.
More than 1 up to 5 kg: 32,05€.
More than 5 to 10 kg: 40,45€.
More than 10 up to 15 kg: 53,05€.
More than 15 up to 20 kg: 72,45€.
More than 20 up to 25 kg: 92,40€.
Over 25 up to 30 kg: 112,90€.
Additional Kilo: 4,20€.

10. Payment methods, charges and discounts

The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:

• Debit card
• Mastercard, Visa, Amercian Express
• Pay Pal

The USER may use a discount coupon prior to the completion of the purchase if he/she has received one from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. Purchasing process

You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, the charges and discounts will be calculated according to the payment and shipping details entered.

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

From the basket you can place an order by following the steps below for its correct formalisation:

1. - Verification of invoicing data.
2. - Verification of the shipping address.
3. - Selection of the method of payment.
4. - Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.

Orders (purchase requests)

Information on the status of the order and the approximate shipping and/or delivery date will be provided prior to order confirmation.

12. Unbundling and suspension or termination of the contract

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER fails to comply with the obligations set out in this contract or any applicable legal provision, licence, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. Warranties and returns

The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, and is liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Contracts for the sale or purchase of products and contracts for the supply of products to be produced or manufactured shall fall within the scope of this Title.
2. The provisions of this Title shall not apply to products purchased by judicial sale, to water or gas, where they are not packaged for sale in a limited volume or set quantity, and to electricity. Nor shall it apply to second-hand products purchased at administrative auctions which consumers and users may attend in person.

Article 116. Conformity of the products with the contract.

1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:

(a) conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
(b) are fit for the purposes for which products of the same type are normally intended.
(c) are fit for any particular purpose required by the consumer and user where he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for that purpose.
(d) they are of a quality and performance which are normal in a product of the same type and which the consumer and user can reasonably expect, given the nature of the product and, where applicable, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.

2. Lack of conformity resulting from improper installation of the product shall be deemed to be equivalent to lack of conformity of the product where the installation is included in the contract of sale or supply referred to in Article 115(1) and was carried out by or under the responsibility of the seller or by the consumer and user where the faulty installation is due to an error in the installation instructions.

3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.

Article 117. Incompatibility of shares.

The exercise of the actions provided for in this Title shall be incompatible with the exercise of the actions arising from the remedy for hidden defects of the sale.
In any case, the consumer and user shall be entitled, in accordance with civil and commercial law, to be compensated for damages arising from the lack of conformity.

Article 118. Liability of the seller and rights of the consumer and user.

The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract rescinded, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in conformity with the contract, the consumer and user may choose between requiring the product to be repaired or replaced, unless either of these two options proves objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. A remedy which imposes unreasonable costs on the seller in comparison with the alternative remedy shall be regarded as disproportionate, taking into account the value which the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be provided without major inconvenience to the consumer and user.

In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.

Article 120. Legal regime for the repair or replacement of the product.

Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. This free of charge shall include the necessary costs incurred to remedy the lack of conformity of the products with the contract, in particular delivery costs, as well as costs related to labour and materials.
(b) they shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and their intended purpose for the consumer and user.
(c) The repair suspends the running of the periods referred to in Article 123. The period of suspension shall begin when the consumer and user makes the product available to the seller and shall end when the repaired product is delivered to the consumer and user. During the six months following delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a price reduction or termination of the contract under the terms provided for in this chapter.
e) Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until delivery of the new product. In any case, the second paragraph of Article 123(1) shall apply to the substitute product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, a price reduction or termination of the contract under the terms of this chapter.
(g) The consumer and user may not require replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract.

The price reduction and the rescission of the contract shall take place, at the choice of the consumer and user, when the consumer and user cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not apply where the lack of conformity is minor.

NOTE according to art. 108.2: The USER is informed that he shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning. Under no circumstances shall the USER be liable for the diminished value of the goods if the entrepreneur has not informed him of his right of withdrawal in accordance with Art. 97.1.i).

Article 122. Criteria for the reduction of the price.

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.

Article 123. Time limits.

1. The seller shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand goods, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, was already present when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is proof to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary proof of delivery of the product, stating the date of delivery and the lack of conformity giving rise to the exercise of the right.
Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this time limit shall not entail the loss of the corresponding right to remedy, the consumer and user being liable, however, for the damage or loss actually caused by the delay in communication.

In the absence of proof to the contrary, the communication by the consumer and user shall be deemed to have taken place within the time limit.

Article 124. Action against the producer.

If the consumer and user finds it impossible or excessively burdensome to claim against the seller for lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the producer's liability ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period is calculated from the time when the remedy was completed.

14. Applicable law and jurisdiction

These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.