PCM ARQUITECTURA Y DESARROLLOS CONSTRUCTIVOS S.L.
C/ ÁGUILA 10
VAT NUMBER: ES B85745743
This site is published by PCM ARQUITECTURA Y DESARROLLOS CONSTRUCTIVOS, S.L., (hereinafter PCM DESIGN) a limited liability company with having its registered office at C/ ÁGUILA 10 28005 MADRID SPAIN, registered with the Spanish Registry of Trade and Companies under number B85745743.
It can be accessed by Internet at the following address: "shop.pcmdesign.es" (hereinafter the Site).
These general terms and conditions (hereinafter the "General Terms and Conditions of Sale") govern without restriction the sales of products (hereinafter "Products") made between PCM and the Customers on the site www.shop.pcmdesign.es. Any order of a Product offered on the Site implies the Customer's full acceptance of these General Terms and Conditions of Sale. They constitute, with the validation and confirmation of the order, the contract concluded between PCM and the Customer.
PCM reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the site. The General Terms and Conditions of Sale applicable are those in force on the site on the date the order is placed.
For any question or claim, the team of PCM can be reached by email at firstname.lastname@example.org, by phone: +34 913641449 or by post: C/Águila 10 28005 Madrid Spain.
Article 1. Purpose
These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the sale of Products offered on the Site.
The products purchased via the site www.shop.pcmdesign.es are sold through the company PCM DESIGN, which offers them, to non-trader individuals who operate for purposes which exclude any professional or commercial activity (hereinafter referred to as Customers).
The validation of these General Terms and Conditions of Sale, the order summary sent to the Customer by email and the Customer's payment constitute proof of the conclusion of a contract between PCM DESIGN and the Customer, which will be governed by these Terms and Conditions. Customers must be of legal age and have the legal capacity to conclude such a contract, otherwise it will not be valid.
Article 2. Products
The Customer may purchase any Product presented as available and at the price indicated on the Site on the day he places his order. If, in spite of our vigilance, the Products are unavailable, PCM DESIGN will inform the Customer by email at the earliest opportunity and will offer him a suitable solution, in compliance with Article 3.4 below.
The offers of Products are sold all over the world.
The Product descriptions summarise their aesthetic and technical characteristics. The photos of Products placed online on the Site are as faithful as possible to reality. However, the Customer understands and accepts that certain Products are created or made using processes which do not enable to obtain Products which are all exactly identical but which gives each one their own identity and look, which may vary significantly from one product to another and differ slightly from the photos placed online on the Site.
Article 3. HOW to Order Products
3.1 Registration on the PCM DESIGN Site
In order to place an order on the PCM DESIGN Site, each Customer must create a customer account by following the registration procedure and by providing the necessary information, which will be protected in compliance with Article 8 below.The accuracy of the personal data provided by the Customer falls within his exclusive responsibility; in no event will PCM DESIGN check the reality of this information and may not in any case by held responsible if certain incorrect information hinders the proper execution of an Order or a delivery.
On the creation of his account, the Customer chooses a login and a password which will be specific to him to identify himself on the Site. He is solely responsible for keeping these elements confidential.
Using his identifiers, the Customer can access his account at any time (outside of temporary periods of maintenance of the Site) and place an Order, follow his Orders or deliveries in progress or manage his personal information.
The Customer will be bound by all Orders placed on the Site in his personal account (subject to the exercise of his right of withdrawal as provided in Article 7 below).
3.2 Placing the order
The Customer may place orders on the PCM DESIGN Site when he has entered his identifiers. He may add all Products identified as available to his shopping basket using the corresponding button, which will be indicated on the Site.
The shopping basket remains available and can be modified until the definitive validation of his purchase order by the Customer (hereinafter the "Order").
Once the content of his shopping basket is validated, the Customer can confirm his Order by completing the following steps:
- Confirm the Products and the quantities selected;
- Complete all the information requested by the Site;
- Accept without reservation the General Terms and Conditions of Sale, by clicking on the button indicated;
- Validate the payment, by clicking on the button indicated.
The validation of the Order by the Customer's "double click" constitutes acceptance of the prices and characteristics of the Products purchased on the Site, as well as of these Terms and Conditions.
The Customer is entirely responsible for the accuracy of the identification and delivery information he provides to PCM DESIGN by placing an Order on the Site. In the event of an error which may give rise to a delay in delivery, PCM DESIGN may not be held liable and any additional costs shall be borne by the Customer, in compliance with Article 5 below.
3.3 Confirmation of the order
Following the payment, a payment confirmation email summarising the details of the Order is sent to the Customer, to the email address indicated on the transmission of his contact details, no later than 24 hours following acceptance of the payment.
The Order confirmation is recorded in the registers of PCM DESIGN, themselves kept on a reliable and sustainable medium. The Customer accepts that the Order confirmation is considered as proof of the contractual relations concluded with PCM DESIGN on its Site, but it is not an invoice.
The Order will be considered as definitive and the contract between PCM DESIGN and the Customer concluded only on receipt by PCM DESIGN of payment of the price by the Customer.
PCM DESIGN reserves the right not to validate the Order on legitimate grounds and in particular in the event of:
• Abnormal or abusive claims from the Customer during his previous Orders;
• Abnormal or abusive exchanges and returns from the Customer during his previous Orders;
• Existing dispute(s) with the Customer.
3.4 Availability of Products
In the event of the unavailability of a Product after validation of the Order and payment, the Customer may, at his request:
• Either be delivered the Products which are available and reimbursed the amount, including taxes, of the unavailable Products in his order.
• Or cancel the entire Order and be reimbursed its amount, including taxes, including delivery costs.
• Or request the delivery of a Product of an equivalent quality and price, within the limit of available stocks.
The reimbursement will be made via the same payment method as the one used by the Customer to pay the amount of his Order, within thirty (30) days of the confirmation of the choice of the mode of compensation of the Customer.
3.5 Calculation of the total price of the Order
The Product prices are indicated on the Site in Euros, including taxes, excluding delivery costs. The Value Added Tax is the one in force on the territory of Spain on the day of the Order.
The prices applied are those shown on the Site on the confirmation of the Order by the Customer.
The preparation and delivery costs are communicated to the Customer when he places his order and adjusted according to the place and address of delivery requested. These costs are borne by the Customer and are invoiced in addition to the sale price of the Products.
The price of the Products and the preparation and delivery costs are to be paid by Paypal and in full by the Customer when the Order is placed. They are indicated in the Order confirmation sent by PCM DESIGN to the Customer.
3.6 Terms of payment of the Order
The Customer pays his order by Paypal.
They payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right to exercise his right of withdrawal.
In the event of the fraudulent use of his bank card with PCM DESIGN, the Customer is invited to contact PCM DESIGN on the number indicated in the preamble of these Terms and Conditions.
The ownership of the Products is only transferred to the Customer after full payment of the price by the latter.
Article 4. Refunds
The Customer can return any object if is not 100% satisfied with, whatever the reason, in a delay of 30 days from the reception of your order.
The return cost is at the Customer’s expense. The refund will be made within a maximum delay of 30 days following receipt of the item.
(*)Products must be sent back using the “right of return “. In order to be refunded the items must be received in a resalable condition. It is preferable that the original packaging is conserved and when objects are being sent back that they are adequately packaged and protected. Items that are returned incomplete, damaged, or soiled will not be accepted and not eligible for an exchange or refund.
Article 5. Warranties: compliance of products and hidden defects
The PCM DESIGN Site informs the Customer of all the aesthetic and technical characteristics of the Products offered for sale, in compliance with the information communicated by the makers of the PCM DESIGN Products.
Prior to each shipment of an Order, PCM DESIGN checks the Products to be delivered to the Customer in order to ensure that they comply with the Order actually placed by the Customer.
If the Customer was to find any lack of conformity or a hidden defect in the Products, he must immediately inform PCM DESIGN by registered letter or by email to the addresses which appear in the Preamble of these Legal Advice.
Article 6. Delivery of the order
The Products will be delivered to the Customer after validation of the payment of the Order. The Customer will be informed of the shipment of the Products by email. In the event where the Order includes Products whose availability dates differ from the time when the Order was placed, it will be shipped when all the Products are available, in a single dispatch.
6.1 Delivery method
The products are delivered to the address indicated by the Customer when he places his Order on the Site. The Customer must check the completeness and the compliance of the information he provides to PCM DESIGN. PCM DESIGN may not be held responsible for any data entry errors or missing information and consequences in terms of delays or delivery errors. In this event or in the event a delivery person is unable to deliver, all the costs incurred for reshipping the order are entirely borne by the Customer.
PCM DESIGN may not be held responsible for delays in delivery due to errors or disturbances attributable to carriers (example: total or partial strike, in particular of postal services and means of transport and/or communications).
In case of delays, damage, total or partial losses of Products and/or of the Order, it is the responsibility of the Customer to exercise any remedy directly with the carrier in order that the latter assumes the responsibilities incumbent on it, and to inform PCM DESIGN at the same time. PCM DESIGN may not remedy any defaults in execution of the carrier which it does not want to assume, but may possibly, on a case-by-case basis, offer the Customer compensation if his claim is refused by the carrier.
6.2 Delivery periods
The delivery period for Products will be indicated to the Customer when he places his Order and prior to confirmation of the Order and payment by the Customer. PCM DESIGN will make its best effort to ensure that the Order, accompanied by a delivery slip, is delivered in a period of 7 days (depending on the destination) as of receipt of the Customer's payment.
In any event, all Products purchased on the Site will be delivered to the address indicated by the Customer when he places his Order within a maximum period of thirty (30) business days as of the day following receipt of payment of the Order.
6.3 Receipt of the Order and reservations on delivery
A delivery is considered made when the Product is made available at the place of delivery agreed with the Customer when he placed his Order and, where applicable, with the carrier. The provision of the Product is validated by the control and traceability system used by the carrier.
According to the method of delivery chosen, the dated delivery slip will be simply handed over by the carrier with the package(s) of the Order made available to the Customer at the place of delivery (for example: in his letter box) or will be dated and signed by the Customer if he is present on the delivery of the Order.
In any event, the delivery slip handed over by the carrier will constitute proof in respect of transport and delivery.
The transfer of risks of loss and damage of the Products will take place after the delivery and receipt of the Products by the Customer.
On the delivery of the Order, the Customer must verify the content and the condition of the Product(s). In this respect, upon delivery, PCM DESIGN advises the customer to check the condition of the Products delivered before signing the acknowledgement of receipt of the package.
If he finds any anomalies, he must refuse the delivery of the Products or issue precise, dated and handwritten reservations. In the event where the carrier refuses to allow the Customer to do so, the latter must notify the impossibility to indicate the condition of the Products in handwriting, signing and dating the delivery slip, then proceed with all the necessary reservations with the carrier. These reservations must be confirmed to the latter by registered letter with acknowledgement of receipt within three (3) business days following the delivery of the products. A copy must be addressed to PCM DESIGN by email to the following address: email@example.com.
The Customer will contact the carrier to obtain reimbursement of the damaged Products. PCM DESIGN may not compensate the Customer instead of and in place of the carrier, but may possibly offer it compensation, in compliance with Article 5.1 above.
The compliance of the Products (and the corresponding warranty, if applicable) will be verified in compliance with Article 6 below.
6.4 Withdrawal of the Products in the event of the absence of the Customer
In the event of the absence of the recipient on delivery, the carrier will leave notice of passage at the delivery address indicated by the Customer. The Products must be collected at the address and according to the modalities indicated by the carrier. In the event of non-collection within the deadlines provided by the carrier, the Products will be returned to PCM DESIGN who reserves the right to cancel the Order and to reimburse its price to the Customer, with the return transport costs remaining at the Customer's charge.
Article 7. Spanish Value Added Tax
Under current regulations, all purchases done through the web site are subject to Spanish Value Added Tax (VAT), except those with a destination Canary Islands, Ceuta and Melilla or outside the European Union.
For orders bound for the Canary Islands, Ceuta and Melilla, and outside the European Union, deliveries are exempt from VAT according to Article 146 of the Directive. Taxes and import duties, which will be paid in cash on arrival by the receiver of the goods, are not included.
Article 8. Intellectual Property
PCM DESIGN is the sole holder of the "PCM DESIGN SHOP" trademark along with all the figurative elements present on the Site.
PCM DESIGN is also the holder of the intellectual property rights on the Site and of the right to disseminate the Products which appear in the e-shop's catalogue and in particular the photographs for which it has obtained the necessary authorisations from the persons and authors concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the component elements of the Site, of the "PCM DESIGN SHOP" trademark or of the catalogue, their use and their provision to third parties is formally prohibited.
Article 9. Personal Data
In order to process Orders, PCM DESIGN collects certain personal information and data concerning the Customer.
PCM DESIGN has taken all the necessary precautions to ensure the security of its files and the protection of its IT system, and to prevent in particular that the Personal Information of Customers is distorted, damaged or that an unauthorised third party can access it.
This data is intended for internal use:
• for any action relating to the Customer's order
• to communicate and personally inform the Customer according to his preferences
This data will also be transmitted to third parties and partner companies of PCM DESIGN, in particular to
• ensure the delivery of orders by its service providers and the after-sales service
• to carry out satisfaction surveys or investigations
• to communicate all activity statistics of the Site
PCM DESIGN may transmit the Customer's Personal Information to third parties in the event of sale, transfer or assets, reorganisation or liquidation.
Furthermore, for the sake of better service, the Site collects certain information relating to the connection of each user on the Site or Customer on the Site, in the form of cookies (for example, storage of credentials or of Products previously added to the shopping basket). Each user or Customer may, at any time, delete any trace of his visit to the Site by deleting all the cookies in his browser which the Site may have collected.
Article 10. Passwords
PCM facilitates the use of personal passwords to users who register as such on the website. These passwords will be used to access provided services through the Web Site. The user must maintain under his sole responsibility passwords in strict and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret.
For security reasons, the password for telematic services linked to the Website may be modified at any time by the user. The User agrees to notify PCM immediately of any unauthorized use of your password, as well as access by unauthorized parties thereto.
The Customer may at any time suspend or terminate his subscription to the Site, by sending a request to PCM DESIGN via his account on the Site, by post or mail.
Furthermore, PCM DESIGN reserves the right to suspend or close the Customer's account in the event of payment incidents or defaults.
Article 11. Entire Agreement
This Legal Advice of Sale express the entire obligations of PCM DESIGN and of the Customer. No other general or special condition communicated by the Customer may be included or derogate from this Legal Advice.
If one of several stipulations of Legal Advice is held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect.
This legal Advice of Sale are subject to Spanish law, both for rules of substance and of form.
In the absence of an amicable agreement between PCM DESIGN and the Customer, the dispute will be brought before the competent courts.