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These General Conditions of Use and Contracting (hereinafter "the General Conditions") govern access to and use of the website accessible through the domain name https://www.piscinarium.com/en/ (The mere access to the Website confers the condition of User of the Website (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. If the User does not agree with these General Terms and Conditions, he/she must immediately leave the Web Site without any further action utilizarlo.Asimismo, the User is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
General information
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information of the Web Site is provided below:
Headline: Piscinarium, sL (hereinafter referred to by its trade name, "PISCINARIUM")
Headquarters: Ctra. Cardedeu a la Roca, km. 3,2. Polígon Industrial Can Boixadera Local A. 08440. Cardedeu (Barcelona)
VAT NUMBER: B67754333
E-mail:info@piscinarium.com
Access to the Web site
Simple access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The user
The User undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions, not using them to carry out illegal or criminal activities that infringe the rights of third parties and/or violate any rules of the applicable legal system.
The User assumes responsibility for the correct use of the Website.
This responsibility shall extend to:
Use this Web Site only to make legally valid inquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User agrees to hold PISCINARIUM harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User's non-compliance with any of the rules of use indicated above, and PISCINARIUM reserves the right to request compensation for damages.
The Web Site is intended primarily for Users residing in España. PISCINARIUM makes no representation that the Website complies with the laws of other countries, either in whole or in part. PISCINARIUM disclaims all liability that may arise from such access.
Linked content and services
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites"). In these cases, PISCINARIUM will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he/she may notify PISCINARIUM, without this notification in any case entailing for PISCINARIUM the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the formalization of agreements between PISCINARIUM and the managers or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by PISCINARIUM.
Unless expressly stated otherwise on the Website, PISCINARIUM is not aware of the contents and services of the Linked Sites and, therefore, is not liable for damages that their unlawfulness, quality, outdatedness, unavailability, error and uselessness may cause to the User or any third party.
Intellectual and industrial property
All contents of the Website, including but not limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic design and source codes, are the intellectual property of PISCINARIUM or third parties, and none of the exploitation rights recognized by current legislation on intellectual property may be understood to have been transferred to the User.
The trademarks, commercial names or distinctive signs published on the Website are the property of PISCINARIUM or third parties, and no rights over them may be understood to have been assigned to the User.
Purchase or acquisition process
The User may purchase on the Website by the means and forms established. They must follow the procedure of purchase and / or online purchase of https://www.piscinarium.com/en/, during which various products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on "Checkout".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that PISCINARIUM has received his or her order or request for purchase and/or service, i.e., confirmation of the order. And, if applicable, the User will also be informed by e-mail when the purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from PISCINARIUM using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, PISCINARIUM is not the manufacturer of the products sold or that may be marketed on the Website. Although PISCINARIUM makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that which appears on the Website. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
The communications, purchase orders and payments involved during transactions carried out on the Website may be filed and kept in PISCINARIUM's computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in compliance with 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 (GDPR) and the rights of Users under the privacy policy of this Website.
Password
The registered User will be responsible at all times for the custody of his password, assuming in consequence any damages and prejudices that could derive from his undue use, as well as from the cession, revelation or loss of the same one. To these effects, the access to restricted areas and/or the use of the services and contents of the Web Site carried out under the password of a registered User will be considered to be carried out by such registered User, who will respond in any case of such access and use.
Availability
All purchase orders received by PISCINARIUM through the Website are subject to the availability of the products and/or that no circumstance or force majeure affects the supply of the products and/or the provision of the services.
In the event of difficulties in the supply of products or if there are no products in stock, PISCINARIUM undertakes to contact the User and inform him/her promptly of this situation.
Although the normal delivery times are 4 to 8 working days, these are always subject to the availability of the product(s) by our network of official suppliers and manufacturers. In case of any eventuality, the PISCINARIUM customer service team will keep you promptly informed.
Prices
The prices indicated for each product include, unless expressly stated otherwise, the Value Added Tax (VAT) and, in any case, are expressed in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
All prices shown in this online store are valid except for typographical or computer errors.
PISCINARIUM reserves the right to cancel an order or part of an order in the event of an obvious computer error regarding the price of a product published on this website.
Likewise, PISCINARIUM reserves the right to refuse an order from any User with whom it has a dispute or with whom there have been problems in the payment of previous purchases.
Methods of payment
Accepted means of payment will be: Credit or debit card, Bizum and Bank Transfer.
Bank transfer: you can make a bank transfer from your bank or directly deposit the amount of your purchase in our Caixabank bank account.
We will not consider the order effective until we confirm the corresponding deposit in our bank account.
Please note that payments by bank transfer may have a delay of 1 to 3 days depending on the bank and the day of purchase.
Orders not paid within 5 working days of order confirmation will be automatically cancelled.
Credit or debit card: you can pay us through the main cards in the market (Visa, Mastercard, Maestro, AMEX, ...). Through the Redsys Virtual POS, leader in España, Piscinarium guarantees you maximum security and confidentiality in all purchases made in our store. We use the SSL security protocol and all data related to your credit/debit card purchases are encrypted and transmitted directly to the corresponding financial institution, which is the one that accepts or rejects the payment.
Bizum: you can pay us through the Bizum service, if you have a Bizum account.
SeQura:Payment through Sequra and available in 2 modalities (Divide in 3 and Payment in installments). More information is available below.
Divide in 3 your payment completely free
Divide the payment of your order in 3 equal payments, without any additional cost. One payment per month. No more. Instantly and without paperwork.
For example, if you choose to pay for an order of 100€ in 3 months, you would pay 33,33€ at the time of purchase and another 33,33€ the following two months. The monthly charge is automatic on your card. Always on the same day of the month that you made the purchase. If that day is not the best for you, you can change it at no extra cost.
That's how easy and fast it is to split your payment in 3 with SeQura:
1. Select SeQura Divide in 3 as your payment method at checkout.
2. Enter your data (ID and cell phone) and pay the first payment (1/3 of the order).
3. enjoy your purchase! All other payments will be made automatically each month.
or you can also pay in installments.
Divide the payment of your order into 4, 6, 12 or 18 months for only a small fixed cost per month. Just with your ID, cell phone and bank card. Instantly and without paperwork. You can complete the payment whenever you want at no additional cost. You will only be able to split the payment in 18 months from orders of 390€.
For example, if you choose to pay for an order of 180€ in 4 months, you would pay 48€ per month (only 3€ per month per installment).
That's how easy and fast it is to pay in installments with SeQura:
1. Select "Pay in installments" as your payment method at the end of your purchase.
2. Enter your data (ID and cell phone), choose your payment plan and pay the first monthly payment.
3. enjoy your purchase ! The rest of the payments will be made automatically every month.
All means of payment offered by PISCINARIUM are subject to verification and authorization by the issuing entities of the means of payment (card issuers and/or payment account issuers), but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure initiated, the order being automatically cancelled, and the purchase of the Product or Products requested by the customer being understood as not having been carried out.
Delivery of orders
The delivery of the orders will be made by a transport agency to the delivery address freely designated by the User, within 4 to 8 working days under normal conditions, starting from the day following the day of the conclusion of the contract.
In those orders that contain several products and due to the fact that we work with several warehouses of origin, it may be the case that the items arrive on different days, in order to reduce to the maximum the delivery time of the same. In any case, home deliveries are made on working days.
PISCINARIUM will not assume any responsibility when the delivery of the product or service does not take place as a result of inaccurate or false information provided by the User for this purpose, as well as in the event that delivery cannot take place due to the absence of the addressee. In such a case, the User will have to pay the transport costs of a new shipment.
In the event of not being able to execute the contract because the contracted product is not available, PISCINARIUM will inform the User of such unavailability, who may choose between:
a) To recover without undue delay any sums paid by him under the contract.
b) Allow PISCINARIUM to supply a product of similar characteristics that is of the same or higher quality, without an increase in price. In this case, the User may exercise his or her right of withdrawal and termination under the same terms as if it were the product initially requested.
IMPORTANT NOTE: When you receive your order, you should check that you have received all the items purchased through our online store inside the package.
In the event that any of the purchased items are missing from the package, you must indicate to the carrier the reference(s) of the missing item(s).
The customer must inform PISCINARIUM immediately, within a maximum period of 12 hours, of the incident.
In the event that you accept receipt of your package without notifying the carrier of any incident, it is assumed that it has been delivered complete and in good condition.
Shipping and handling
Shipping costs within Spain (except Canary Islands, Ceuta and Melilla) are as follows:
For orders of 400 euros or more (VAT included), the shipping costs are 0 euros (some items of high weight and size may have higher shipping costs).
For orders between 50 and 400 euros (VAT included), the cost is 11.90 euros (VAT 21% included).
For orders of less than 50 euros (VAT included), the cost is 12.90 euros (VAT 21% included).
For orders to the Balearic Islands, shipping costs are 29.90 euros (VAT 21% included) for orders under 400 euros. For orders above this amount, shipping costs will be free of charge.
For orders to the Canary Islands, Ceuta and Melilla or to be placed in a foreign country, please contact PISCINARIUM so that we can send you the shipping costs.
Technical means to correct errors
The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting PISCINARIUM through the contact spaces provided on the Website, and, if applicable, through those provided for contacting customer service, and/or using the contact data provided in the first clause (General Information).
In any case, the User, before clicking on "Process order", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Returns
In accordance with current legislation, products may be returned, for any reason whatsoever, within a maximum period of 14 calendar days from receipt of the order.
To return the merchandise, please contact our customer service department by sending us an email to info@piscinarium.com in which you will inform us of your intention to return and in which you must include photographs of the item so that we can check the current state of the item and that its packaging is in perfect condition.
You can return the item/s you have purchased in our online store, as long as the packaging is in good condition and it has not been opened and unsealed. You must send the product in its original packaging. If so, the amount of the product or products will be refunded in full.
Otherwise, the item may incur a depreciation of its price, so that the reimbursement would be partial. You will be informed in advance of the amount of the depreciation.
For handling, safety and warranty reasons, pool liners must be kept in their original packaging and not to be removed from the box. If a liner has been removed and then put back into the packaging, it may be damaged or may not be in perfect condition.
In such cases, the return may result in a 50% depreciation of the amount of the product, and a full refund will not be possible.
NOTE: If you have any questions, please contact our customer service department.
Likewise, there are some circumstances in which from Piscinarium no returns will be accepted:
- No returns will be accepted for items that have been used.
- No returns will be accepted for custom-made or made-to-order items (winter covers, summer covers, custom-made pools, safety fences, public pool filters and equipment, whirlpool spas, gresite, spare parts or made-to-order items not published online, etc.).
- Chemical product returns will not be accepted. The chemical product is shipped exclusively upon request with ADR transport (special transport of dangerous and/or flammable goods). The transport of these products by standard courier services, Post Office or even private transport is forbidden by law.
SWIMMING POOL reserves the right to refuse returns communicated or sent after the deadlines or items that are not in the same condition in which they were received by the customer.
SWIMMING POOL reserves the right not to refund the full amount paid if the product is deemed to have suffered depreciation (e.g. the item is not returned in its original packaging or is in poor condition).
When returning an item, shipping costs will be borne by the customer.
In the event that the customer requests the cancellation of an order, PISCINARIUM will reimburse the full amount of the order (or the amount corresponding to the item(s) to be cancelled if there are more items in the same order). If, on the other hand, the order has already left our warehouse, the customer will be responsible for the shipping costs of that item.
More information about returns:Returns and refunds Piscinarium
Warranty
In accordance with the provisions of the Royal Legislative Decree 1/2007 all products have a two-year warranty from the date of delivery.
Spare parts are covered by a 3-month warranty.
If you need to make use of the warranty we suggest you contact our customer service and we will help you in the management of the same.
Defects or flaws due to incorrect use or handling of the material or wear and tear caused by normal use are not included in this warranty.
Written communications and notifications
By using this Website, the User agrees that most communications with PISCINARIUM will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that PISCINARIUM sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with PISCINARIUM through the contact information provided in these Terms and Conditions and, if applicable, through the contact areas of the Website.
Likewise, unless otherwise stipulated, PISCINARIUM may contact and/or notify the User by e-mail or at the postal address provided.
Applicable legislation
These General Conditions shall be governed by and construed in accordance with Spanish law.
Competent Jurisdiction
The terms and conditions of use of this website are subject to the provisions of the law EspaAnd European Union in force.
The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.
Disclaimer of liability
Unless otherwise provided by law, PISCINARIUM accepts no liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach by you; business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect losses that were not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between the parties.
Likewise, PISCINARIUM also limits its liability in the following cases:
- PISCINARIUM applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- PISCINARIUM will act with the utmost diligence in order to provide the company in charge of transporting the product that is the object of the purchase order. However, PISCINARIUM will not be held responsible for damages resulting from transport malfunctions, especially for causes such as strikes, road delays, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.
- Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. PISCINARIUM makes every effort to carry out the process of purchase, payment and shipping/delivery of the products, however PISCINARIUM is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
- PISCINARIUM shall not be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, PISCINARIUM will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, PISCINARIUM shall not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and PISCINARIUM will have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure. PISCINARIUM will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.