1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE:

(hereinafter also the General Terms and Conditions or GTC):

On the one hand, the supplier of the products, Fernando Muñoz Pérez (hereinafter also the provider), with registered address at Carrer Montserrat 7, 08302 Mataró (Barcelona), Spain, Tax ID (N.I.F.) 38860948X, customer service telephone 649 912 295 and e-mail at.client@robafaves.cat, as owner of the website www.robafaves.cat, sets out the contractual document that will govern the purchase of products through the aforementioned website.

And on the other hand, the User – Customer (hereinafter the User), registered on the website with a username and password, for whose use and safekeeping they are fully responsible, and who is responsible for the accuracy of the personal data provided to the provider.

BOTH PARTIES ACCEPT this document, which means that the user:

a. Has read, understands and comprehends what is set out herein.

b. Is of legal age and has sufficient capacity to enter into contracts.

c. Assumes all the obligations set out herein.

d. Has read and accepts these general terms and conditions of purchase from the moment they purchase any product offered.

This document may be printed and stored by Users.

The provider makes the e-mail address at.client@robafaves.cat available to Users for any questions about these terms and conditions.

These terms and conditions shall be valid indefinitely and shall apply to all purchases made through the provider's website.

The provider reserves the right to unilaterally modify these General Terms and Conditions, without this affecting goods or promotions purchased prior to the modification, in order to improve the products offered. In any case, these general terms and conditions should be consulted before purchasing any products.

It is advisable to keep a copy of the data contained in the products purchased.

Fernando Muñoz Pérez accepts no liability for any loss of data or files, or for any damage resulting from the User's failure to back up the data contained in products purchased, such as memory cards.

Fernando Muñoz Pérez accepts no liability for any consequences arising from improper use of the products sold on the website.

The civil liability of Fernando Muñoz Pérez for the products supplied is limited to their price. The user waives any claim against the provider on any grounds in the event of dissatisfaction with products purchased on the website www.robafaves.cat, as well as for possible failures, slow access or errors in accessing the website, including loss of data or other information that may exist on the computer or network of the user accessing the website.

Fernando Muñoz Pérez is a business specialising in the distance selling of merchandise featuring the Giants of the city of Mataró. Fernando Muñoz Pérez sells its products remotely over the Internet through its website, by telephone, in its physical shop and on social media. Fernando Muñoz Pérez has a physical shop at Carrer Montserrat 7, 08302 Mataró (Barcelona) for the sale of its products.

 

2. PURPOSE OF THE CONTRACT:

2.1 Scope: The purpose of this contract is to regulate the contractual sales relationship between the provider and the user from the moment the user accepts these terms of purchase during the online ordering process by ticking the corresponding box. These GTC shall apply from the day the order is placed.

The contractual sales relationship involves the delivery of a specific product in exchange for a set price publicly displayed on the website.

2.2 Territory: The online shop www.robafaves.cat is open to everyone.

2.3 Capacity to contract: To place an order you must be of legal age and have the capacity to enter into contracts.

2.4 Customer acceptance: An order placed through the website www.robafaves.cat is validated by e-mail and also implies automatic acceptance of the GTC. These terms and conditions are available on the website www.robafaves.cat or, on request, we can send them to you by e-mail.

2.5. Amendment of the General Terms and Conditions: Fernando Muñoz Pérez reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. If such changes or modifications are introduced after an order has been placed, the terms in force on the date the order was placed shall apply.

 

3. INFORMATION PROVIDED ON THE WEBSITE www.robafaves.cat:

3.1 Prices: Product prices are those shown for each product on our website www.robafaves.cat

3.2 Product information: The information contained in our advertising, leaflets, other written material, on our website or otherwise provided to you constitutes an invitation to make a purchase. The content of www.robafaves.cat is constantly being renewed and updated in order to offer our customers the most complete and detailed information possible. All contractual information on www.robafaves.cat is shown in Catalan and Spanish, and communication with customers and users, as well as the formalisation of the contract, shall take place in these languages; however, if the customer so wishes, it may be carried out in English or another language, provided this is indicated before starting the ordering process.

3.3 Product availability: There may be occasions when it is not possible to supply all products because they are out of stock or unavailable at the time of purchase. In such cases, the product concerned will be visible but not available for purchase.

3.4 Right of cancellation: Fernando Muñoz Pérez reserves the right to cancel the shipment of any product that does not meet the quality requirements applied to all products at www.robafaves.cat. Should such a lack of quality be detected, the Customer Service team of Fernando Muñoz Pérez will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of the product will be refunded.

3.5 Orders 24 hours a day, every day of the year: Orders are received twenty-four (24) hours a day, three hundred and sixty-five (365) days a year; however, orders placed after six o'clock in the evening (18:00) will not be processed until the next working day in Mataró. Orders received on Fridays will be processed to arrive on Monday or the first working day, and those received on Saturdays before 10 a.m. will be delivered on Monday (or the next working day). Orders received after that time will be processed on Monday and delivered on the next working day on the Spanish mainland; for orders outside the mainland, the terms set out in the corresponding section shall apply.

3.6 Fraud: If Fernando Muñoz Pérez suspects or detects any irregularity or fraud, it reserves the right to cancel the transaction for security reasons.

 

4. ORDERING PROCEDURE:

In order to access the products offered by the provider, the user must register on the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data requested.

The user will choose a username and password, undertaking to use them diligently and not to make them available to third parties, and to notify the provider of their loss or theft or of any possible access by an unauthorised third party, so that the account can be blocked immediately.

Users may not choose usernames intended to mislead others into identifying them as members of the provider's staff, nor offensive or insulting expressions or, in general, any that are contrary to the law, morality or public decency.

Once the user account has been created, in accordance with Article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, the ordering procedure will follow these steps:

1. Choose the product by clicking on it, and it will be automatically added to the "shopping cart".

2. To add more products, select the "Continue shopping" option. If you have added a product by mistake, click the option to remove it from the shopping cart.

3. Once you have chosen your product(s), click the checkout tab to place the order. The purchase confirmation will then appear (summary of the order, your details and the payment method chosen).

4. The user's details will be requested through:

a. Guest checkout: a series of personal details are requested in order to place the order and make the subsequent delivery, after which the user is asked for consent to store their data. If consent is given, the data will be stored and product information will be sent if the user so permits; otherwise, the data will be stored for future purchases only.

Please check the spam and junk mail folders of your e-mail inbox and always make sure that the contact details you provide are correct.

5. Once registered, a comments screen will appear where you can indicate your preferred delivery time, together with a checkbox that you must tick to accept these General Terms and Conditions and the Privacy Policy.

6. To complete the process, click the Finish button.

In any case, once the ordering procedure has been completed, the provider's sales platform will inform the user by e-mail of all the features, price, shipping methods, order date and delivery times of the product purchased.

If there is any error in the address given or in any other part of the order, you must notify us immediately at the e-mail address shown on the website so that the error can be corrected.

If you have any questions, you can contact our Customer Service team through any of the methods provided on the website www.robafaves.cat.

Fernando Muñoz Pérez provides FREE Customer Service through our contact e-mail at.client@robafaves.cat; if you choose an alternative means of communication, you will bear any cost involved.

Fernando Muñoz Pérez provides telephone numbers in Spain, subject to your telephone operator's charges.

 

GUEST CHECKOUT

This website also allows purchases through guest checkout. With this option, you will only be asked for the data strictly necessary to process your order.

 

5. SHIPPING:

5.1 Carrier: shipments will be made through the company Coopdepedal, whose Customer Service telephone number is 606 14 35 03.

5.2 Shipping costs: Standard shipping costs are as follows:

- Mataró: €5
- Spanish mainland, Balearic Islands: €7.20
- Shipping to the Canary Islands, Ceuta, Melilla and international destinations: please contact at.client@robafaves.cat.

When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically display the shipping cost indicated above.

5.3 Delivery address:

Delivery address: Orders may be delivered in two ways:

a. to the delivery address freely chosen by the user. The provider accepts no liability where the product cannot be delivered because the data provided by the user is false, inaccurate or incomplete, or where delivery cannot be made for reasons beyond the control of the assigned shipping company, such as the recipient's absence;

b. at the registered address of Fernando Muñoz Pérez, Carrer Montserrat 7, 08302 Mataró (Barcelona).

The delivery or collection point is chosen when the purchase is made.

Orders will be delivered during normal business hours.

Notwithstanding the above, the provider has taken the measures required of a diligent trader so that delivery can be made within the agreed time; therefore, no liability may be attributed to the provider.

Standard shipping is only available to destinations on the Spanish mainland and the Balearic Islands. We also ship abroad, but you must contact us beforehand to check shipping rates.

Fernando Muñoz Pérez will do everything in its power to ensure that your order is delivered within the time shown on our website on the date the order confirmation is issued.

5.4 Delivery times: Delivery usually takes around 5 days, depending on the product, the destination and the payment method chosen. This period applies once the availability of the service has been confirmed and full payment of the order has been verified. For products not available at the time of purchase, our Customer Service team can provide you with availability information.

If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that, if any item is unavailable at the time of shipping, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service team at the following e-mail address: at.client@robafaves.cat, stating your order number.

5.5 Shipping confirmation: When your order is handed over to our carrier, we will send a shipping confirmation to the e-mail address you provided when placing the order. The shipping confirmation will include the corresponding tracking number so that you can track your order on our carrier's website.

5.6 Damage on delivery: Products are shipped in secure packaging. If, at the time of delivery, it is clearly visible, without having to handle the shipping packaging or the product's own packaging, that a product has defects caused by damage during transport, or if an error in the goods received is likewise apparent, the customer must immediately contact our Customer Service line on 649 912 295 or by e-mail at at.client@robafaves.cat in order to request the return of the affected product(s) and their replacement with others in perfect condition or, alternatively, a refund of the price paid, as indicated by the customer in that e-mail.

Likewise, if damage to the product is detected after opening the parcel while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it, through our Customer Service line on 649 912 295 or by e-mail at at.client@robafaves.cat. 

 

6. PRICES AND VALIDITY OF OFFERS:

All prices displayed in the shop www.robafaves.cat include the VAT in force at the time of purchase. All prices shown on the website are valid and are expressed in euros (€). Unless expressly stated otherwise, prices do not include shipping, handling, gift-wrapping, shipping insurance or any other additional services or extras related to the product or service purchased.

VALUE ADDED TAX: In accordance with Article 68 of Spanish Law 37/1992 of 28 December on Value Added Tax, the delivery of products shall be deemed to take place within the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time for the specific item concerned. Orders shipped to the Canary Islands, Ceuta and Melilla shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties under the regulations in force in each of these territories.

The user will receive the invoice for the order at the e-mail address provided once the purchase has been completed.

The prices applicable to each product shall be those published on the website and applied automatically by the ordering process in its final stage.

In the case of limited-time promotions, the promotional discount will only apply if the order has been registered during the promotion period.

Delivery is made through the company Coopdepedal (as detailed in section 5 of these general terms and conditions) or at the registered address of Fernando Muñoz Pérez, as detailed in section 5.3 of these Terms and Conditions.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions took place and will be used to determine whether or not the order is eligible for a promotion.

For any information about the order, the User may contact the provider's customer service by telephone or by e-mail at the address provided.

 

7. PAYMENT METHODS:

The available payment methods are detailed below:

7.1 Payment by credit or debit card: The user must have a valid credit or debit card and enter all the digits of the card number in the corresponding form. The transaction is completed when the order is placed. Only Visa and Mastercard cards are accepted. Only payments with secure cards in which the cardholder's identity is authenticated by the method established by their bank through secure e-commerce ("Verified by Visa" and "MasterCard SecureCode") are accepted. The order will not be considered or processed until the payment has been authorised by your bank.

The SSL (Secure Sockets Layer) system is used, a secure payment environment that encrypts the information transmitted during the transaction, ensuring its confidentiality.

7.2 Payment by Bizum: Users can pay with Bizum from their bank’s app by entering the phone number linked to their account. The order will be processed once payment has been confirmed.

 

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal:  The user is entitled to exercise the right of withdrawal within 15 calendar days of receiving the product, without penalty. The consumer shall be refunded the total amount of the purchase, i.e. the price of the product plus the shipping costs, within 14 days of the user/consumer exercising the right of withdrawal. The shipping costs for returning the products shall be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formalities. The consumer shall only be liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics or functioning, without this limiting their right of withdrawal. To exercise this right of withdrawal, you can send us an e-mail at at.client@robafaves.cat with your order number (to obtain a refund of the price of the product(s) within a maximum of fourteen (14) calendar days of receiving the order), together with your contact details. You may also send a letter by post (by any legally accepted means), always within 15 calendar days of receiving the order. After this period, you may only request the return or exchange of the product(s) for technical reasons covered by the product warranty.

You must return the product with all the items with which it was delivered, without damage or signs of wear of any kind, and without signs of improper use or use inconsistent with the nature of the product, to the address we have provided.

We recommend returning the product in its original packaging. If this is not possible, the product may lose value. The customer is responsible for packaging and protecting the product(s) returned, as well as for the shipping costs.

Provided that the products are returned within 15 calendar days, without damage or signs of wear and in compliance with the requirements set out in this section, we will refund the total amount of the purchase.

Exceptions to the right of withdrawal: The right of withdrawal shall not apply to contracts relating to:

a) The provision of services, once the service has been fully performed, where performance began with the consumer and user's prior express consent and with their acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the trader.

b) The supply of goods or services whose price depends on fluctuations in the financial market which the trader cannot control and which may occur within the withdrawal period.

c) The supply of goods made to the consumer and user's specifications or clearly personalised.

d) The supply of goods which are liable to deteriorate or expire rapidly.

e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.

f) The supply of goods which, after delivery and by their nature, have become inseparably mixed with other items.

g) The supply of alcoholic beverages whose price was agreed at the time of the sales contract, which cannot be delivered until after 30 days and whose actual value depends on market fluctuations which the trader cannot control.

h) Contracts where the consumer and user has specifically requested a visit from the trader to carry out urgent repairs or maintenance; if, on such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used in carrying out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods.

i) The supply of sealed audio or video recordings or sealed computer software which have been unsealed by the consumer and user after delivery.

j) The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded at public auctions.

l) The supply of accommodation other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

m) The supply of digital content not supplied on a tangible medium, where performance has begun with the consumer and user's prior express consent and their acknowledgement that they thereby lose their right of withdrawal.

8.2. Returns due to an error in the order by Fernando Muñoz Pérez: If the product does not correspond to the one ordered due to an error attributable to the business, the user must notify the company by e-mail as soon as possible; Fernando Muñoz Pérez will bear the costs of collecting the product sent in error and of delivering the product actually ordered.

8.3 Inspection of returns: Returned products will be inspected and checked by  Fernando Muñoz Pérez who, once they arrive at its premises, will verify that they meet all the requirements set out in section 8.1.  If any item is missing, we will inform you in writing by e-mail, indicating the missing contents.

 

9. REFUNDS:

When a product is returned (the right of withdrawal is exercised), the amount paid for the product plus shipping costs will be refunded. The costs of returning the product shall be borne by the consumer-user. The refund will be made within a maximum of 14 calendar days and using the same payment method used for the purchase.

 

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICE:

10.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.

Satisfaction guarantee: If, upon receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, they may choose either of the following options:

1. Exchange the product for a voucher of the same value as the product purchased and returned, to be exchanged for another product of the same value (if the price of the new product is higher than the value of the voucher, the user must pay the difference).

2. Exchange the item for another one; if the price of the new product is higher than that of the product exchanged, the user must pay the difference.

10.2 Warranty for defective products:  In the event of a defective product, Fernando Muñoz Pérez shall repair or replace it, reduce the price or terminate the contract (as appropriate), free of charge for the user. Fernando Muñoz Pérez is liable for any lack of conformity that becomes apparent within two years of delivery; the consumer-user must inform Fernando Muñoz Pérez of the lack of conformity within two months of becoming aware of it.

 

11. NULLITY AND INVALIDITY OF CLAUSES:

If any clause in these General Terms and Conditions is declared wholly or partially null and void or invalid, such nullity or invalidity shall only affect that provision or the part of it that is null and void or invalid, and the rest of the General Terms and Conditions shall remain in force, with that provision, or the affected part of it, being deemed not to have been included.

 

12. ONLINE DISPUTE RESOLUTION:

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the PROVIDER without having to go to court, 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 talk to both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

 

13. APPLICABLE LAW AND JURISDICTION:

These terms and conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly set out herein. The provider and the user agree to submit any dispute arising from the provision of the products or services covered by these Terms and Conditions to the Courts and Tribunals of the provider's place of business (if the user is not considered a consumer for the purposes of the TRLGDCU, the Spanish consumer protection law) or of the user's place of residence (if the user is considered a consumer for the purposes of the TRLGDCU).

 

14. APPLICABLE REGULATIONS:

These General Terms and Conditions are subject to the provisions of:

European legislation governing electronic commerce:

• Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);

• Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

Spanish legislation:

• Law 3/2014 of 27 March, amending the consolidated text of the General Law for the Protection of Consumers and Users,

• Law 7/1998 of 13 April on General Contracting Conditions, and subsequent amendments,

• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

• Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights,

• Law 7/1996 of 15 January on the Regulation of Retail Trade, and

• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and subsequent amendments.

 

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. Please send them to us through our contact form.

We also have official complaint forms available to consumers and users. You can request them by calling our Customer Service line on 649 912 295 or through our contact form.