These conditions constitute the contractual framework applicable to the purchase of the products offered in the “STORE” section of the website atycoshowroom.es , or any of its subdomains and directories included therein (hereinafter, the “Website” or the “Platform”). In short, it is the contract that is electronically formalized by the parties that will be mentioned.
Acceptance of this document, by checking the corresponding checkbox , implies that the user, as an adult with sufficient capacity to acquire the obligations derived from this contract, who purchases one or more of the products offered on the Web (hereinafter CLIENT), has carefully read, understands and expressly accepts the content of these conditions. These conditions will have an indefinite period of validity.
The purchase of certain products, due to their particular nature, may be subject to certain specific conditions, which, depending on the case, will replace, complete and/or modify these purchase conditions. In the event of a contradiction, the terms of the specific conditions will prevail over these.
These conditions will have an indefinite period of validity.
1.- Parts:
The parties to the contract are the customer , as a natural or legal person interested in the remote purchase of the products offered on the Web, and ATYCO ALCARAZ & PARTNERS, SL (hereinafter " ATYCO" ), with registered office at Los Montesinos (Alicante), Avda. del Mar, nº 9, Bajo, CP 03187, with CIF: B-54267760. Registered in the Mercantile Registry of Alicante in Volume 3220, Book 0, Folio 203, Page A-10854. To communicate with ATYCO directly and effectively, you can send an email to the following address: showroom@atyco.es or contact by phone at the number: +34 966 721 121
2. Object:
The purpose of these conditions is to regulate the contractual relationship of sale between ATYCO and the CLIENT, which involves the delivery in exchange for a certain price and publicly displayed through the website, of a specific product, in accordance with the provisions of these conditions.
3.- Basic characteristics of the products:
The characteristics of the products will be those detailed in each of the product sheets published on the Web, indicating the brand, the designer, a brief description, delivery time, whether assembly is required if this is the case, a more extensive description of the characteristics of the product if necessary and the different product options that the customer can choose from (measurements, colours, upholstery, materials, finishes, etc.), if applicable.
4.- Information on different aspects of the purchasing procedure:
4.1. Legal warnings: Please note that the procedures for purchasing the products offered on the Website are described in these purchasing conditions, as well as those specific ones indicated on the user's browser screen, so that the customer accepts said procedures.
The products and/or services offered on the Website, together with their characteristics and price, will be published with their price and before confirming the order, as well as the total shipping costs to the address designated by the user, which will always be the responsibility of the buyer, unless free shipping is established for certain products and/or circumstances (such as free shipping costs from a certain purchase amount).
The published prices are shown in euros and include VAT and/or any other applicable taxes.
The photographs of the products shown on the Web are intended to show such products to the user as faithfully as possible to reality. However, and for reasons beyond the control of ATYCO, such as the quality of the monitor or screen of the user's device, the colors, shapes or characteristics of the products may be altered, so it is recommended to verify the appearance of the product using a terminal with a quality monitor or screen for the purchase of any of them. In addition, the user is recommended to verify the technical conditions of the product and the published measurements, prior to its acquisition.
For information purposes, it is indicated that all ATYCO products are subject to the legal guarantee in force at any given time regarding consumption, and ATYCO is responsible for any lack of conformity that becomes apparent within a period of two years from delivery of the product, under the terms provided for in Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users (TRLGDCYU) and other complementary laws.
Products whose installation must be carried out by legal or regulatory provisions by companies or professionals with the corresponding administrative qualification, authorization or qualification must be carried out by these companies or professionals. This is the case of lighting products, the installation of which will not be carried out under any circumstances by ATYCO or its transporters.
4.2. Language.- Currently the hiring procedure can be carried out in Spanish.
4.3. Copy of the conditions linked to the purchase.- ATYCO will not keep a copy of these conditions linked to each purchase, so we recommend that the CUSTOMER keep a copy of them for each purchase.
4.4. Technical means.- The Website does not have the technical means to identify and correct errors in the data entered by the CUSTOMER, except that it detects whether any field that is necessary to process the order is pending completion.
4.5. Product catalogue.- The CUSTOMER can access the catalogue of products offered in the “STORE” section of the Website by clicking on “STORE” in the menu on the home page, and can consult the different subsections (fast delivery, gifts, furniture, lighting, rugs, exterior, office, children, accessories, brands, etc.)
If the CUSTOMER is interested in any product, he/she can click on it, accessing its file where he/she will find its description and characteristics.
4.6. Customer account.- In order to place an order, the user must register by creating a customer account, to provide all the data that will allow ATYCO to have all the information to handle the user's request and manage payment, delivery, billing, etc., treating said data in accordance with the provisions of the privacy policy. Likewise, said customer account, called "MY ACCOUNT" serves so that the user does not have to re-enter all his data every time he is going to place an order.
The registration procedure is very simple:
If you click on “My Account” in the footer menu of the “SHOP” section, you will access a page where the user can identify themselves if they already have a customer account by entering their email address and password.
If you do not yet have a customer account, you must enter your email address and click on the “CREATE ACCOUNT” button (at this time, ATYCO does not yet have access to the user's email address) to access a form in which the user can select the title they wish to receive (Mr./Mrs.) and provide the following information: name, surname, email address and a password of their choice.
The user is given the option to subscribe to the newsletter.
Once registered, the user will have access to his/her customer account, called “MY ACCOUNT”, by providing the system with his/her username (which will be the email address) and password (which will be the one entered at the time of registration). If he/she has forgotten his/her password, he/she must click on the link “Have you forgotten your password?” and ATYCO will provide the user with the way to obtain a new one.
In “MY ACCOUNT”, the user can complete his/her details so that, in the event that he/she purchases any of ATYCO's products, they can be sent to the postal address provided by the user. Specifically, he/she can complete his/her profile by providing or correcting the following details:
Name; Surname; Company; Address, Postal Code, City, Country; Telephone; State, NIF/CIF, NIE, as well as a free field to provide additional information relevant to a possible shipment.
In addition, the system provides the option of entering another delivery address, if desired.
When the user completes this information, he or she will not be asked to accept the terms of use and privacy policy, as they have already been accepted upon registration.
The user is the sole and exclusive party responsible for ensuring that the data provided to ATYCO is up-to-date, complete and, of course, accurate and truthful. ATYCO will in no case be liable for failure to comply with such requirements in the data you provide us.
The user must take due care to prevent third parties from accessing and/or using the Website with their own access keys, and in this case, they shall also be solely responsible for the choice, loss, theft or unauthorized use of their username and/or password and for any consequences that may arise from this. Please note that the username and password are personal and non-transferable.
Consequently, the user is obliged to immediately inform ATYCO of any loss of his/her username and/or password, regardless of the cause thereof, or of any danger or loss of confidentiality, and shall otherwise be liable for any damage or harm caused by access verified using these access codes.
The user may unsubscribe at any time as a registered user of the Website, by communicating this by email to the address: showroom@atyco.es
4.7. Product purchase procedure: To proceed with the purchase of any of the products offered on the website, the customer must click on the “ADD TO CART” button, and repeat the operation if they wish to place another order.
However, the vast majority of products offered on the Web are configurable (in terms of measurements, colors, materials, finishes, etc.), so in those cases in which the customer can configure the product, he or she must click on the “SELECT MODEL” button and follow the instructions provided by the system, selecting from the configuration options provided, depending on each product.
The customer is informed that generally the choice of one or another product configuration option may vary the final price of the product, which will be indicated at all times.
Once the customer has selected all the options, they can click the “ADD TO CART” button.
To continue with the purchase process, the user can click on the “FINISH PURCHASE” button, or on the “BASKET” button and then on “CONFIRM”, accessing the details of the products that the customer wants to purchase with their price (VAT and taxes included). The customer has the option of deleting any of the selected products, if desired, or continuing shopping to add more products to the shopping cart.
To continue with the purchase process, the customer must click on the “FINALIZE PURCHASE” button, accessing a page where, if the user is not registered, they must register and create a customer account as set out in section 4.6. above.
Next, to continue with the purchase, the customer must click “CHECKOUT” and thus access a new page where the shipping method and cost are specified, as well as whether or not assembly is included in the price: “INCLUDES ASSEMBLY” means assembly is included and “WITHOUT ASSEMBLY” means assembly is not included.
In the event that the product selected by the customer requires assembly, this is not included in the price. The customer has the option of selecting the option Carrier with assembly, with the additional payment of the cost that said assembly entails, which will be specified during the purchase process.
Any product requiring assembly whose price is greater than TWO THOUSAND EUROS (€2,000.00) will have the cost of assembly included.
Preview reading, and if you agree, acceptance of the contract conditions By checking the box provided for this purpose, the customer must press the FINALIZE PURCHASE button to select the payment method.
The customer, who must pay for the purchase in cash, may choose from the following payment methods:
- Payment by credit/debit card (VISA, Mastercard or American Express): The charge to the customer's card is made in real time through the virtual POS, once it has been verified that the data provided by the customer are correct. ATYCO will not store any of the customer's credit/debit card data. At the time of processing the customer's order, the customer's card data will be transmitted encrypted using an SSL certificate and in an absolutely secure manner, for the sole purpose of making the payment corresponding to the order, to the financial institution. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment we cannot consider the purchase contract to be formalized. If you choose this method of payment, You are guaranteeing that you have full authorization to use the card in question in the purchase process.
- Payment via PayPal gateway: For more information you can visit the Paypal website: https://www.paypal.com/es/home .
- Payment by bank transfer: Once the customer has completed the entire process and confirmed the order, ATYCO will send the customer an email indicating an account number to which the bank transfer can be made. If the transfer has not been verified after five calendar days from the order being placed, the order will be automatically cancelled.
To confirm the order, the CUSTOMER must press or click on the “CONFIRM MY ORDER” button. Once this has been done, a confirmation page of the purchase made will appear and the CUSTOMER will receive a confirmation email to the email account provided by the CUSTOMER, which will indicate the details of the order made, the purchase amount, the cost of shipping costs, the shipping and/or billing address provided by the CUSTOMER, the selected payment method, as well as an attached file in PDF format with the terms and conditions.
5.- Availability and delivery of orders:
5.1. Product availability: The items offered through the Web are available for shipping to mainland Spain and the Balearic Islands (the Canary Islands, Ceuta and Melilla are therefore excluded).
In accordance with the provisions of article 110 of the Consolidated Text of the General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007 of 16 November), in the event of non-execution of the contract by ATYCO, due to the contracted good not being available, the client will be informed of this lack of availability and will recover, without any undue delay, the sums paid under it.
5.2. Delivery: Orders will be delivered to the postal delivery address freely designated by the customer. Under no circumstances will orders be delivered to post office boxes.
ATYCO assumes no liability if the delivery of the product does not take place due to the data provided by the customer being false, inaccurate or incomplete, or when delivery cannot be made for reasons beyond the control of the transport company assigned for this purpose, such as the absence of the recipient.
In the event of the recipient's absence at the time of delivery, the transport company will leave a notice indicating how to proceed to arrange a new delivery. If it is not possible to leave the aforementioned notice, the transport company will contact the customer by telephone. If these efforts are unsuccessful, ATYCO will send an email to the address provided by the customer with the appropriate instructions to resolve the incident.
Shipments are made through transport companies contracted for this purpose by ATYCO, provided that the choice of one or the other does not cause harm to the customer.
5.3. Provision of orders: ATYCO, through the transport company contracted for this purpose, will deliver the contracted products to the client “at the first door” or “in the room or residence” in accordance with the provisions of this clause:
Door-to-door delivery: ATYCO's transport service will deliver the product to the customer at the door of the property and the customer will be responsible for placing it in the location he or she deems appropriate. Products sold with door-to-door delivery are products such as rugs, accessories, lighting elements and similar items.
In any case, lighting or electrical products that require installation must be installed by an authorized professional at the client's expense, therefore, under no circumstances will they be installed by ATYCO.
Delivery to a room or residence: Includes placing the product unpacked and without obligation to assemble it at the location of the property indicated by the customer. Products sold with “delivery to a room” included in the transport are products consisting of furniture and household appliances. Delivery to a room or residence does not include assembly, unless the price of the product is greater than TWO THOUSAND EUROS (€2,000.00).
Under no circumstances will the appliances be installed by ATYCO.
5.4. Exceptions to delivery to the place indicated by the customer: ATYCO, through the transport company contracted for this purpose, will deliver the products purchased by the customer to the address provided by the customer in accordance with the provisions of the previous section, unless:
It is impossible with the material and mechanical means of the carrier or due to the architectural characteristics of the client's property (ceiling height, elevator, stairwell, etc.).
The customer will be solely responsible for checking that the measurements and/or dimensions of the product they wish to purchase allow it to be stored inside the property using the stairs (without the use of pulleys) or the elevator, since ATYCO is unaware of the dimensions of the destination property.
If the client needs or believes that he/she needs additional help to deliver the products to his/her premises due to circumstances beyond the control of ATYCO, the CLIENT must notify ATYCO in order to estimate the additional charges that may apply. Otherwise, the products will be delivered to the street.
Likewise, and without prejudice to the foregoing, it shall be the client's responsibility to inform about issues such as the geographical location and/or topography of streets that may hinder access to the client's property or that, for reasonable security reasons, may pose a risk to people and/or things based on the risks existing at any given time at the delivery points indicated by the client. In the case of delivery points that are impossible or difficult to access or that pose a reasonable danger to people or things, delivery will be made at a different point than that indicated by the client, as close as possible to it.
5.5. Additional contracting of product assembly: ATYCO provides information on each product's information sheet about which products require assembly and which do not. By default, the cost of assembly is not included in the price for products that require it.
However, products that require assembly and whose price is greater than TWO THOUSAND EUROS (€2,000.00) will be transported and assembled by the transport company designated by ATYCO for this purpose.
If the price of the purchased product is less than this amount and requires assembly, the customer, during the purchasing process, when selecting the transport, may indicate whether they want the transport company with assembly, paying the additional amount that appears published.
5.6. Identification of the recipient: At the time of delivery, the transport company designated by ATYCO may request the customer receiving the product sent to identify themselves, showing, where applicable, the corresponding identification document (DNI/NIE/Passport), or in the case of acting on behalf of a legal entity, the legal title of representation, all of which must be in force.
When a person other than the holder of the order is to carry out the collection, this will only be permitted if said third party is duly authorized by virtue of the subscription and presentation of the Order Collection Authorization form detailed below:
ORDER COLLECTION AUTHORIZATION TEMPLATE:
Mr/Ms ______________________, of legal age, with address at _____________________________, provided with ID number _________________ and holder of order number _________________________, expressly authorizes Mr/Ms________________________________, of legal age, provided with ID number ________________________ and with address at ________________________, to collect or receive the aforementioned order on his/her behalf.
In________________________, on _____ of ____ of 20___
For these purposes, it will be necessary that at the time of collecting the order, the person who makes it delivers the aforementioned authorization completed in all its points and signed by the owner of the order, and must also show a copy of the corresponding identification document (DNI/NIE/Passport) or, in the case of acting on behalf of a legal entity, their legal title of representation, all in force, of the owner of the order, as well as the original of the person who actually collects the merchandise or order.
6.- Shipping Rates:
Shipping rates are those detailed on the website for each product and will be detailed in any case before the customer confirms the order. ATYCO reserves the right to establish free shipping based on factors such as the purchase amount or similar.
7.- Delivery times:
The delivery times for each product will be those detailed in each product sheet, counting from the moment ATYCO confirms payment by the customer, with deliveries taking place from Monday to Friday on working days (there is no delivery service on weekends and national or local holidays).
8.- Prices and billing:
8.1. Prices: Product prices will be those published on the Website and will include VAT and any taxes applicable at any given time and must be paid in full at the time of placing the order.
Many of the products offered are configurable in many of their characteristics, so the price will vary depending on the options selected by the customer.
Product prices may be modified upwards or downwards, depending on multiple causes, however any price modification will take effect from the date of modification of the same, not affecting orders placed at the price prior to the modification.
8.2. Billing: The invoice for the products purchased by the CUSTOMER will be issued by ATYCO and will include the Value Added Tax (VAT) that, where applicable, corresponds to the rate applicable at any given time.
The CUSTOMER expressly consents to the issuance of the electronic invoice. The electronic invoice will be received by email. The CUSTOMER who is considered a consumer and user may revoke this consent by sending an email to this effect to the address: showroom@atyco.es .
9.- Warranty:
ATYCO will deliver to the client products that are in accordance with the contract, that is, they conform to the description made, to the specifications made by the client and possess the qualities of the product that have been presented to the client and will respond to the client for any lack of conformity that exists at the time of delivery of the product.
Pursuant to the provisions of Article 123 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, ATYCO shall be liable for any lack of conformity of products that becomes apparent within two years of delivery.
10.- Claim Procedure:
In the event of non-conformity, in the event of an error, defect or deterioration attributable to ATYCO, the customer must inform ATYCO via email at showroom@atyco.es , within two months of becoming aware of it, indicating their details, the purchase reference number and the anomaly or defect detected.
Failure to comply with this deadline does not imply the loss of the guarantee, but the client will be responsible for any damages or losses caused by the delay in communication.
10.1. European online dispute resolution platform: It is reported that the CLIENT, resident in the European Union, also has the possibility of going to the ODR (Online Dispute Resolution) platform through the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through this platform, consumers and merchants are allowed to submit complaints using an electronic form available in all languages of the European Union, for all matters related to electronic commerce or the provision of services on the Internet, in accordance with the provisions of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.
For any queries regarding the online dispute resolution platform, the CUSTOMER may contact the EUROPEAN CONSUMER CENTRE IN SPAIN ( http://www.cec.consumo-inc.es/ ), located in Madrid (Spain), C/ Príncipe de Vergara, nº 54 CP 28.006. Telephone: +34 91 822 45 55. Fax: +34 918224562. Email: cec@consumo-inc.es
11.- Right of Withdrawal:
The customer has the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the date of delivery of the contracted product (or date of acquisition of physical possession of the product) to the customer or to the person designated by the customer to collect it, other than the carrier.
To exercise the right of withdrawal, the customer must notify his decision to withdraw from the contract through an unequivocal statement (for example, a communication sent by email or by post). For this purpose, the customer may use the model withdrawal form below, although its use is not mandatory:
Model withdrawal form in accordance with the annex to the Consumer and User Law of 2007 (the CUSTOMER can copy and paste the following form into an email and complete their details if they wish to do so. wishes to withdraw from the contract)
To the attention of ATYCO ALCARAZ & PARTNERS, SL, with registered office in Los Montesinos (Alicante), Avda. del Mar, nº 9, Bajo, CP 03187. Contact email: showroom@atyco.es .
I hereby inform you/we hereby withdraw/withdraw from the contract of sale of the following product _______________ [identify product], the order for which was placed on ___/___/20__, and was received on ___/___/20__
Name and surname of the CLIENT(S): ________________________________
Address of the CLIENT(S): ________________________________________
Date of communication of withdrawal: ___/___/20__
To meet the withdrawal deadline, it is sufficient for the communication regarding the exercise by the customer of this right to be sent before the corresponding deadline expires.
11.1. Consequences of withdrawal: In the event of withdrawal exercised and communicated by the customer, and once such communication has been received, ATYCO will provide the customer with precise instructions for returning the order on which the customer is exercising his right of withdrawal, with express indication of the postal address to which this must be done.
The CLIENT must assume the direct cost of returning the goods in the event of withdrawal , and for this purpose must hire the courier or postal service it deems appropriate, noting that under no circumstances will any return made in the “carriage due” mode be accepted.
All payments received from the Customer shall be reimbursed, including delivery costs (with the exception of additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by ATYCO), without undue delay and, in any case, no later than within 14 calendar days from the date on which ATYCO has been informed of the decision to exercise the right of withdrawal, and ATYCO may withhold such reimbursement until it has received the goods or until the Customer has submitted proof of the return of the goods, depending on which condition is met first and in both cases at the address indicated by ATYCO for this purpose. Such reimbursement shall be made using the same means of payment used by the CUSTOMER for the initial transaction.
The customer must return or deliver the goods directly to the address indicated by ATYCO, without any undue delay and, in any case, no later than within 14 calendar days from the date on which the customer communicates the decision to withdraw from the contract. The deadline will be deemed to have been met if the goods are returned before the deadline has expired.
In accordance with the provisions of article 74 of Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, dedicated to the consequences of exercising the right of withdrawal, and there being an obligation to reciprocally restore the services once the right of withdrawal has been exercised, the customer must return the products on which he exercises the withdrawal with their original packaging and with all the accessories and/or complements that he received.
The customer shall only be liable for any decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
11.2. Exceptions to the right of withdrawal: In accordance with the provisions of article 103 c) of the Consumer and User Law of 2007 (Royal Legislative Decree 1/2007, of November 16), the right of withdrawal will not be applicable to contracts that refer to the supply of goods made according to the specifications of the consumer and user or clearly personalized, so for those products ordered by the client according to their specifications or clearly personalized, said right of withdrawal will not exist.
12. Returns of defective products:
In the event that the products delivered do not comply with the contract, because they are damaged or defective, the customer must contact ATYCO by email at showroom@atyco.es , providing details of the product(s) purchased, indicating the defect detected, the date on which the order was placed and the delivery date, as well as name, surname and email address. ATYCO will contact the CUSTOMER to indicate how to proceed.
In any case, if the product is found to be defective, all expenses (including shipping costs) will be refunded, with the return costs being assumed by ATYCO .
13. Applicable Law and Jurisdiction: These terms of use and privacy policy shall be governed by Spanish law.
In the event of any dispute or controversy relating to the application or interpretation of such terms and policies, the parties shall submit to the Courts and Tribunals that are competent in accordance with current legislation.