GENERAL CONDITIONS OF PURCHASE WEBSITE / APP

These General Conditions of Purchase apply to the purchase of products which DEPORVILLAGE, SL. (“DEPORVILLAGE”), sells through the website found at the URL www.deporvillage.net (the “Website”) and the mobile application ‘DEPORVILLAGE’ (the “App”) to any user (“Customer”).

The identification data of DEPORVILLAGE is the following:

Business Address: Carrer les Tines, 32, 08272 Sant Fruitós de Bages (Barcelona)
C.I.F no: B-65272742
E-mail: [email protected]
Telephone: (+34) 902.732.338

The purchase of products offered through the Website / App implies the acceptance of the terms and conditions set out in these General Conditions of Purchase, therefore before proceeding to accepting, please read them carefully. If you do not accept the present General Conditions of Purchase, the purchase will not proceed and, consequently, will not entail any obligation or responsibility from the part of DEPORVILLAGE.

When completing an order via the Website / App, the Customer claims to be over 16 years old and have the legal capacity to purchase through the Website.

To complete a purchase order, the Customer must follow each of the steps in the purchasing process set out on the Website / App.

DEPORVILLAGE reserves the right to make changes to the content or scope of the General Conditions of Purchase at any point, without needing to communicate this or give notice, so it is important to read the content carefully as it is the Customer’s responsibility to review the General Conditions of Purchase prior to purchasing any product from the Website / App.


Customer Registration

To begin the purchasing process for any product from the Website / App, the Customer must register in the “Sign up” (or as “guest”) section of the Website or in the “Create an Account” section of the App. In later purchasing processes, in the event that the Customer has already registered they will only have to provide their email address and password in the “My Account” section.

 

Products and their graphic representation

DEPORVILLAGE reserves the right to determine the products that are made available to users through the Web. Specifically, we may, at any time, add new products to those already available on the Website, and they will be governed by the terms set out in these Terms and Conditions, unless otherwise stated. Likewise, DEPORVILLAGEreserves the right to change, modify, add or remove products and services offered on the Website at any time without notice. Changes to products and services will not affect transactions previously accepted by Users.

The items displayed on the website are represented as accurately as possible, taking into account the technological limitations of display. On the website, you will find detailed information about the features of the items. The purchasing user must carefully read the description of the products before formalising the purchase, the content of which will form part of the conditions of sale and their acceptance. However, the user must bear in mind the following:

1- The photographs, videos and any visual or graphic representation, as well as, the commercial names, brands or distinctive signs on the website are published in order to comply with our obligations to inform the customer about the products and their details with maximum exhaustiveness, thus DEPORVILLAGE seeks the representation of the items displayed with the greatest possible precision and fidelity to the physical reality, taking into account the technological limitations of visualisation.
2- Despite DEPORVILLAGE's efforts, and due to technological limitations and/or the subjective perception and visual conception of each user of the website, once the products have been purchased, some discrepancies may appear between the web representation and the product received, such as, for example, colour tone, volumes, weight, texture, gloss, etc. Such discrepancies are neither the responsibility of DEPORVILLAGE nor attributable to misleading or fraudulent advertising.
3- Certain photographs, descriptions, texts, graphic representations and videos relating to the products are supplied directly by DEPORVILLAGE's suppliers. These descriptions of the products and brands of third parties on the website are based on the information provided by the suppliers, for which DEPORVILLAGE has no control or responsibility of any kind.

It should be noted that, although we make every effort to ensure the precision of the information on the items and their prices, occasionally typographical errors or changes in the description of the products may occur. If such errors or changes are identified, we reserve the right to correct them and update product information or pricing without notice.

 

Trademarks and liability for sustainability

At DEPORVILLAGE, we offer a wide variety of third-party branded products and our own brands exclusive to DEPORVILLAGE, namely: Finisseur, DPV, Leffort and Reld. For the various third-party brands with which we have agreements to sell their products, DEPORVILLAGE acts as a distribution channel, facilitating the sale of their products to our Users. It is important to note that these brands are not owned by DEPORVILLAGE. We act as a distribution channel for these brands, facilitating the sale of their products to our Users. However, it is necessary to clarify that there are some brands that are owned by DEPORVILLAGE and are exclusive to us. These brands include Finisseur, DPV, Leffort and Reld.

With regard to the sustainability of third-party branded products, we would like to point out that we do not assume responsibility for the veracity of claims related to the sustainability of products offered on our website. While we make efforts to provide accurate and complete information, sustainability information comes from the brands and manufacturers themselves. DEPORVILLAGE is under no legal obligation to verify or guarantee the accuracy of these sustainability claims. Any claim, warranty or liability regarding the sustainability of a product should be directed to the relevant brand or manufacturer, as it is their responsibility to provide accurate and transparent information about their products in terms of sustainability.

 

Price and Payment Method

The price of the products will be that which appears in the chosen currency next to each product on the Website.

The sales prices indicated on our Website are shown as follows:

-If the Customer lives in the European Union, all of the prices include VAT.

-If the Customer lives outside the European Union they will be responsible for any local taxes, import duty or customs fees upon arrival of the shipment at its destination, where applicable.

Delivery costs are not included in the price of the products and are the responsibility of the Customer, unless the order comes with free delivery. These delivery costs will be added to the total cost of the selected items so that the Customer will be able to consult this at all times in the shopping bag before confirming the order and completing the purchasing process.

DEPORVILLAGE reserves the right to carry out, at any point and without notice, any amendments considered appropriate, being able to update frequently the products and prices. The applicable price for the order made by the Customer will be that which is given at the time of accepting the General Conditions of Purchase.

The Customer will be able to pay for their order through any of the following payment methods:

Card Payment The Customer must include the debit/credit card number (Visa, Visa Electron and Mastercard), as well as all other additional information which is required from them during the purchasing process. The payment will be taken as soon as it is accepted by the Customer’s financial entity since, otherwise the purchase will not be able to go through.

When you add a new payment method during checkout, we will automatically save this information in your Account so that it can be used for future transactions. To this end, the customer authorizes DEPORVILLAGE to administer the storage of their payment method data and to make charges by means of this method. The payment method data is stored by Adyen BV as a payment processor according to the standards and regulations in force in the payment industry.

The customer is solely responsible for the accuracy of the payment method information and therefore DEPORVILLAGE is not liable for any loss the customer may suffer as a result of incorrect payment method information provided.

Payment through bank transfer (only valid in Spain) to the account number shown on the Website / App owned by DEPORVILLAGE, the Customer must indicate their order number. Any applicable bank charges will be the responsibility of the Customer.

Payment through PayPal: The customer must have a PayPal account in order to use this payment method.

Deferred Payment: Via the option “Pay later” it is possible to defer the payment of the purchase with interest (only on the Website).

The purchase confirmation will be available and will be visible in the “My account” area. From this area, the Customer will also be able to download the invoice of the order. For any query or enquiry about billing, The Client can report to our Customer Service department.

Once the purchase process is complete, an electronic confirmation will be generated, attached to a copy of the General Conditions of Purchase which the Customer may print, saving automatically in the "My account" section.

DEPORVILLAGE has high security measures. Also, the payment process works upon a secure server using SSL (Secure Socket Layer). The secure server establishes a connection by transferring the information coded in 128 Bits algorithms, which ensure it is only intelligible for the Customer’s disposition. In this way, by using SSL we guarantee:

a) That the Customer is sharing their data with DEPORVILLAGE and nobody else.

b) That between the Customer and DEPORVILLAGE’s server, the information is transferred coded, avoiding the possibility of it being read or manipulated by third parties.

DEPORVILLAGE has implemented a programme to detect possible fraudulent activity and reserves the right to request information, confirmation or additional documents from the Customer, even after having made one or more purchases through the Website / App, via phone call or email, with the aim of confirming that the Customer has effectively carried out and authorised said purchase and/or that the delivery or return of that has been carried out correctly and in that way authorise the respective transaction.

DEPORVILLAGE will be able to formulate various checks via telephone about the Customer’s identity, or even request: (a) written confirmation and authorisation signed by the Customer responsible for the respective purchase; (b) a copy of the Customer’s valid photo ID to confirm their identity. DEPORVILLAGE is obligated to save said information and documents under high security measures, in compliance with current regulation.

In the event that the Customer does not respond favourably or does not send DEPORVILLAGE the documentation and information requested within 48 hours from the time of the phone call or the email being sent by DEPORVILLAGE, the transaction detailed in said communication and the respective order will be cancelled, without the need to give prior warning nor the responsibility of DEPORVILLAGE, proceeding to reimburse the Customer the amount paid in respect to said purchase.

This verification process is carried out for the security of the Customer and therefore by accepting the present General Conditions of Purchase, the Customer agrees to undergo the procedure mentioned, to detect possible fraudulent activity and authorises DEPORVILLAGE, to use any additional information and documentation that the Customer may provide, in future purchases.

 

Delivery of Products

Once DEPORVILLAGE has verified that the purchasing process has been correctly completed, they will proceed to deliver the products using the address given by the Customer in the purchasing process, during normal business hours and within the time scale stated on the Website / App, which will never exceed 30 days after the Customer’s order is accepted.

DEPORVILLAGE will be able to inform the Customer, via email, the date the order is dispatched from DEPORVILLAGE’s warehouse and the contact information of the transportation company in charge of the delivery.

The delivery will take place within approximately 72 hours and will be considered complete as soon as the product is handed over to the Customer at the place indicated by the Customer or at the relevant collection point.

The risk of the products (loss, damage or theft among others) will be transferred to the Customer at the moment they are handed these.

In the event of any incident relating to the delivery of products, DEPORVILLAGE will appropriately and immediately inform the Customer.

The delivery can be carried out via any of the following methods:

To the address indicated by the Customer when making the purchase.

If the Customer wishes to make changes to the delivery address, after making the purchase, they will be able to do so as long as the order is "Pending delivery". DEPORVILLAGE will not be responsible for mistakes or damages caused during delivery when the delivery address provided by the Customer does not exist, is incorrect or when the change of address requirements previously laid out are not met. DEPORVILLAGE will be able to carry out the delivery of products in several dispatches.

If, at the moment the products are delivered to the address given by the Customer, the Customer is found to be absent or nobody collects the product, the Customer must contact DEPORVILLAGE as soon as possible to arrange a new delivery date. If the delivery has not been completed for reasons unrelated to DEPORVILLAGE or the transport company, the products will be returned to DEPORVILLAGE and the Customer will have to assume the costs for delivery and return as well as any possible administration costs associated.

Collection Point (or Punto Pack) (Only valid for deliveries to Spain (except The Canary Islands), France and Belgium):

DEPORVILLAGE will send an email to the Customer communicating the date that the products will be available for the Customer to collect at the selected establishment. However, for causes unrelated to DEPORVILLAGE, under certain circumstances the product may be delivered to a different establishment from the one selected by the Customer, situated within a 5 km radius of the one chosen by the Customer. If this is the case, DEPORVILLAGE will inform the Customer via email, indicating the new collection point where the products will be available. The product will be available for collection for the Customer during 15 calendar days from the date indicated by DEPORVILLAGE. If the products are not collected within the given time scale, they will be automatically returned to DEPORVILLAGE’s warehouses and the Customer will have to assume any delivery and return costs as well as any possible administration costs associated.

Upon delivery, the Customer or recipient must show identification documentation to the carrier, verify the condition of the package and sign the delivery note, noting (in the format presented by the carrier) any observations and any concerns noted at that moment (for example, missing packages or apparent damages or handling to the products or packaging). If the delivery note is presented in paper format, the Customer must request a copy of this from the carrier.

If, upon opening the packages, the Customer sees that the products are damaged due to transport, that there is a mistake or that there are products missing, they must communicate this in writing to DEPORVILLAGE within five (5) calendar days from the delivery date, so that DEPORVILLAGE can act accordingly.

All orders for the purchase of products are subject to availability. In the event of unavailability of the contracted product, DEPORVILLAGE will inform the Client of this and may cancel the purchase order, reimbursing the amount paid to the Client within a maximum period of thirty (30) days.

 

Withdrawal

The Customer has fourteen (14) calendar days from the receipt of the product to exercise their right to withdraw without this entailing any additional costs for the Customer.

Notwithstanding the above, the Customer will not be able to withdraw under the following circumstances:

a) Products designed to the Customer’s specifications or that are clearly personalised.

b) Pre-sealed products which are not suitable for return for hygiene or health reasons and which have been unsealed after delivery.

To exercise the right to withdraw, the Customer must complete the Withdrawal Form and send the returning product alongside the instructions, documents and packaging.

Once the right to withdraw has been exercised correctly, and within fourteen (14) calendar days from the receipt of the Withdrawal Form and of the product. DEPORVILLAGE will make a payment of the invoice issued originally and refund the full amount for the purchase and the delivery costs.

Notwithstanding the above, the costs of returning the product to be refunded shall be covered by the purchaser in accordance with the conditions set out in the "Returns" section.

The Withdrawal Form can be found below: Take into account that the following form should only be completed and sent if the Customer wishes to withdraw from the contract. I hereby express my wish to withdraw from my contract of sale of the following goods:

  • Order received on: / /
  • Order Number:
  • Name and Surname:
  • Email used to make the order:
  • Address:
  • Signature: (Only for paper communication)
  • Date: / /

 

Returns

Notwithstanding the prior mentioned right to withdraw, you will have 365 days from the receipt of your order to request a return (or size change). In order to process this, you must access the area My Account > My Orders > Select Order > Return or Size Change, stating the reason for this, selecting the products you wish to return and confirm the process. Subsequently, you will receive a delivery note via email which you must print and send inside the box. If you have difficulty with any of these steps you can contact Customer Service ([email protected])

If the return is being processed from the Canary Islands or from outside of the EU, you must also include the customs declaration (CN22 and/or CN23) on the outside of the package. Failure to complete this step may result in the refusal of the goods through customs and their subsequent return to the sender.

Before returning the order, please make sure you contact the tax authorities of your country to confirm that you will be returned the importation taxes.

You may use the same box or envelope that the product was delivered to you in or in its absence you may use similar packaging to guarantee the perfect condition of the product during delivery.

The right to return is subject to the following conditions:

• The products must be returned in the same condition that they were received, unused, in their original packaging, with labels attached and without damages.

• Articles with specified expiry dates (such as nutrition products) are exempt from the 365 days returns policy.

• The option to return items does not apply to gift cards.

Upon receipt, DEPORVILLAGE will check in their warehouse if the article is correct, reserving the right to not make the refund if the returned item is found to be different from that which was sent or if the return has not been carried out in compliance with the present Conditions of Sale.

The cost of the return will be the responsibility of the Customer except when the items are faulty. It is advised that you use a delivery method which includes delivery confirmation. As soon as DEPORVILLAGE receives the returns to their warehouses, they will check that the items are correct and process the relevant payment. This process may take up to 14 calendar days and if everything is correct, the payment for the returned item will be processed through the payment method within forty-eight (48) hours form the confirmation of the arrival of the order to the warehouse.

The refund will be issued within seven (7) calendar days for debit cards and thirty (30) for credit cards. If the payment was made by bank transfer, the Customer will have to provide the account number of the account in which they wish to receive the refund and it may take up to two (2) working days for the money to appear in the Customer’s account.

In partial order returns, the price of the returned items will be refunded but not the delivery costs.

To return a bicycle or other bulky items, please, contact our Customer Service team, or read the relevant section.

When carrying out a return, the only available option is to send the items to the given returns address. Packages cannot be returned in person through collection points except in Spain where the Punto Pack service is available.

When returning faulty items, the Customer will have the right to be refunded the price of the product, delivery costs and the postage costs for the return of the faulty items or items received which do not correspond with the items that the Customer ordered, in compliance with the governing law.

Complaints and Claims

The Customer must contact DEPORVILLAGE, via the means indicated at the beginning of the General Conditions of Purchase, to express their complaints or make a claim. DEPORVILLAGE agrees to respond to these as quickly as possible, or at most, within one month from them being put forward.

 

Guarantees

The guarantee of the products sold through the Website / App will be laid out in accordance with current legislation and, therefore, generally speaking, DEPORVILLAGE will respond to the faults reported by the Customer within three (3) years from the delivery of the items.

Specifically, if the product sold by DEPORVILLAGE is not apt, the Customer will be able to choose whether to repair or replace the product (except if one of these options is impossible or undue) or alternatively, between a reduction in the price or the resolution of the contractual relationship in accordance with current legislation. In any case, the Customer must inform DEPORVILLAGE of the fault within two (2) months after discovering this. DEPORVILLAGE will take responsibility for the postage costs for the return of the items in cases of this kind.

Nevertheless, items will be understood as acceptable and therefore not be covered by the guarantee when:

a) The damages to items sold by DEPORVILLAGE are caused by factors unrelated to the manufacturer or DEPORVILLAGE or, if applicable, those acting under their responsibility (force, accident, etc.) or due to the incorrect manipulation and/or installation of the product by the Customer; and

b) The damages to items sold by DEPORVILLAGE have resulted from a component which was not provided by the manufacturer or DEPORVILLAGE or is a consequence of alterations or repairs made by people unrelated to the manufacturer or DEPORVILLAGE or, if applicable, those acting under their responsibility.

 

Declarations of Conformity and other certificates

You can find the Declarations of Conformity and other certificates and documents of interest for the DPV, Finisseur, LEFFORT and Imperfect brands on the following page www.deporvillage.net/eu-compliance.

To obtain these for the remaining brands, contact the product manufacturers directly.

 

Online Dispute Resolution

In accordance with Article 14 of Regulation No 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes, DEPORVILLAGE informs Customers that they may submit their claims through the online dispute platform available at the following link: http://ec.europa.eu/consumers/odr


Language

The General Conditions of Purchase are written in Spanish, French, Italian, English, German, Dutch, Polish, Danish, and Portuguese.

 

Governing Law and Jurisdiction

The General Conditions of Purchase will be regulated and understood in compliance with Spanish Law.

If conflict or discrepancy arises in the understanding or application of the General Conditions of Purchase, the competent courts will be those in possession of the relevant legal framework for matters involving consumers and users.

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