1 – Definitions
The following definitions apply in these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
3. Day: calendar day;
4. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
5. Trader: the natural or legal person who offers products and/or services to consumers from a distance;
6. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
7. Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.
2 – Identity of the trader
Morrissy & Lewis Mfg. Co.
E-07510 Sineu (Islas Baleares)
Phone +34 681 068 837
3 – Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract that is realised between the trader and a consumer.
2. If a distance contract is concluded electronically, the trader will indicate where the general terms and conditions can be inspected electronically and that at the consumer’s request they will be sent to him free of charge, either electronically or in some other way.
4 – The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
• the price, including taxes;
• any costs of delivery;
• the way in which the contract shall be concluded and which actions this will require;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and implementation of the contract;
• the period for accepting the offer or the period for which the trader guarantees the price;
• if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
• the way in which the consumer can obtain information about the data he has been provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
5 – The contract
1. The contract will be concluded, subject to what is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has the right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Together with the product, the trader will send to the consumer the following information in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so.
c. information on guarantees and existing after-sales service;
6 – Right of withdrawal
1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day the product was received by the consumer or a representative previously designated by the consumer and announced to the trader.
2. During this period the consumer will treat the product and its packaging with care. He will only unpack as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and in the original state and packaging.
3. In order to make use of his right of withdrawal, the consumer will inform the trader as soon as he has reached his decision.
4. Claims that result from damaged packaging, loss of content in the packaging or similar misfortunes have to be made known to the courier service delivering the package before it has been accepted by the consumer. The trader will not accept withdrawels, resulting from damage or negligence of the courier handling and delivering the package, with the package having been accepted by the consumer.
7 – Costs in a case of withdrawal
1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
8 – The price
1. During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs.
2. Prices stated in offers of products include the spanish VAT.
9 – Conformity and Guarantee
1. The trader guarantees that the products fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.
10 – Supply and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration what is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 15 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed shortly after this is known to the trader, but not later than 15 days after the order was placed.In this case, the consumer has a right to dissolve the contract free of charge.
4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 15 days after that dissolution. 6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, however the condition stipulated in article 6 item 4 apply.
11 – Payment
1. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
2. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
12 – Complaints procedure
1. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
2. A reply to complaints submitted to the trader will be provided within a period of 15 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 15 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
3. If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to a dispute settlement.