1.- HOLDER'S INFORMATION
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we hereby inform you of the following legal aspects of the website:
Owner: SERVEIS IMMOBILIARIS SOMS GRANADOS S.L. (from now SOMS GRANADOS)
Address: Avinguda Caritat Serinyana, 26-28, Cadaqués (Girona)
TAX IDENTIFICATION NUMBER: B17841438
Telephone: +34 972 25 10 06
2.- Purpose and scope of application
The purpose of these General Conditions of use and contracting is to regulate the provision of the information supplied on the website, as well as the legal relationship arising from the contracting processes carried out between users and the owner of the website.
3.- User status and acceptance
Accessing, using and browsing the website confers the condition of “User” on the visitor and implies acceptance, without reservations of any kind, of the Legal Notice and Conditions of Use. Access to the website is free of charge.
The contracting of any product and/or service confers the condition of “Client” and the User must know and accept the General Contracting Conditions included in this text, as well as, if applicable, the Specific Conditions governing the purchase.
Only persons over 18 years of age are authorised to make use of the e-commerce services through the website.
By accepting the General Conditions of use and contracting, the Client declares:
- 1st. That he/she is a person of legal age and has the capacity to contract.
- 2º. That he/she resides in Spain or in a place where Spanish legislation is in force.
- 3º. That he/she has read and accepts the present General Conditions.
SOMS GRANADOS places at the disposal of Users and Clients the e-mail address email@example.com so that they can ask any questions about the General Conditions.
4.- Modification of the Legal Notice and General Terms and Conditions
SOMS GRANADOS may modify the General Conditions without prior notice, for which reason it is advisable to read them on each visit to the website. These modifications are applicable as from their publication on the website and cannot be applied to contracts concluded previously. In any case, the date of revision of the General Conditions will be indicated. Each purchase is governed by the General Terms and Conditions in force on the date of the order. In any case, the General Conditions may be consulted prior to any contracting process.
5.- Responsibility of SOMS GRANADOS
The products and services presented on the website comply with Spanish legislation. Access to the website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect derived from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website, and the user is obliged to hold SOMS GRANADOS harmless for any claims derived, directly or indirectly, from such events.
SOMS GRANADOS does not control, in general terms, the use which users make of the website. In particular, SOMS GRANADOS is not responsible in any case for users using the website in accordance with the law, the present General Conditions, morality and generally accepted good practice and public order, nor that they do so in a diligent and prudent manner.
6.- Obligations of customers and users
In general, the user is obliged to comply with the present General Conditions, as well as to comply with the special warnings or instructions for use contained in the same or on the website and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and abstaining from using the website in any way which could impede, damage or deteriorate the normal functioning of the same, the goods or rights of SOMS GRANADOS, its suppliers, other users or in general any third party. Minors are prohibited from accessing and using the portal without the express consent of their parents, SOMS GRANADOS is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify the age of the same.
Specifically, and without this implying any restriction to the previous section during the use of the website, the user undertakes to:
- a) To provide truthful information about the data requested in the user registration form or when placing an order, and to keep them up to date.
- b) Not to enter, store or disseminate on or from the website, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
- c) Not to introduce, store or disseminate via the shop page any programme, data, virus, code or any other electronic or physical device which may cause damage to the website, any of the services, or any of the equipment, systems or networks of SOMS GRANADOS, any other user, SOMS GRANADOS suppliers or any third party in general.
- d) To diligently keep the “user name” and “password” provided by SOMS GRANADOS, assuming responsibility for any damages which may derive from the improper use of the same.
- e) Not to carry out advertising or commercial exploitation activities through the website, and not to use the contents and information contained therein to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties, unless express authorisation has been given.
- f) Not to use false identities, nor to impersonate the identity of others in the use of the website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.
- g) Not to destroy, alter, use for their own use, render useless or damage the data, information, programmes or electronic documents belonging to SOMS GRANADOS, its suppliers or third parties.
- h) Not to introduce, store or disseminate via the shop page any content which infringes the intellectual or industrial property rights or business secrets of third parties, or in general any content which they do not hold, in accordance with the law, the right to make available to third parties.
- i) To respect all the recommendations made by the manufacturers of the products supplied by SOMS GRANADOS.
The client undertakes to enable the delivery of the order requested by providing a delivery address to which the order can be delivered within the normal delivery timetable for goods. In the event of non-compliance by the client with this obligation, SOMS GRANADOS will have no responsibility for the delay or impossibility of delivery of the order requested by the client.
7.- Placing the order
Step 1 Log in to the website
To place an order you need to log in to the website.
Step 2 User Registration
Register as a user by filling in the electronic form that appears on the website of the online shop at any given time and following the instructions indicated therein.
Step 3 Filling the shopping basket
After registration, and in order to proceed with the purchase of products, the User must add the product he/she wishes to purchase to the basket, according to the instructions on the screen. Check stock beforehand.
The prices and offers presented on the website are valid only and exclusively for online orders.
Step 4 Validate purchase
Fill in the order forms provided for this purpose (Invoicing details, Type of shipment, Delivery details, Payment method and Order) and validate the purchase.
Validation of the order by the Customer expressly implies knowledge and acceptance of these General Terms and Conditions as part of the conclusion of the contract. Unless there is proof to the contrary, the data registered by SOMS GRANADOS constitutes proof of all transactions carried out between SOMS GRANADOS and its clients. SOMS GRANADOS will file the electronic document in which the contract is formalised and this will be accessible.
Once the purchase has been made and as soon as possible, always within 24 hours of the purchase being made, SOMS GRANADOS will send the Client a proof of purchase by e-mail. If the Client does not agree with the details given in this confirmation, he/she may request their modification or the cancellation of the contract.
Step 5 Payment
Selection of the payment method and execution of the same by means of the corresponding gateway.
8.- Availability of products
The selection of products offered through the website is valid as long as the products are visible on the website, within the limits of available stock. As it is e-commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock runs out, and therefore, in these cases, it is not possible to continue with the purchase initiated.
Delivery times are calculated on working days – Monday to Friday – as SOMS GRANADOS does not ship on public holidays, Saturdays or Sundays. In the event of any stock shortage or unavailability of an article SOMS GRANADOS will contact the Client to inform them immediately and give them a new delivery period or, if it is not possible to supply said product, proceed to its cancellation.
The prices indicated on the website include VAT. During the purchase process, the amount corresponding to the tax charge will appear broken down according to the rate in force at any given time and applicable to the products and/or services marketed.
10.- Conditions of use and contracting
- Once the reservation has been made, if the tenant, for any reason, does not wish or is unable to come to the flat or house, this reservation will not be refunded.
- Payment on the day of arrival must be made in cash.
- The deposit is returned on the day of departure if everything is in order and nothing is broken.
- Check in and check out of the flats and houses must be done during office hours.
- The keys to the flats or houses will not be handed over until the total rent, deposit and Tourist Tax have been paid in full.
- Tourist tax on stays in tourist establishments: 0.90 €/night per person. Except for persons 16 years of age or younger. This tax must also be paid in cash on the day of arrival.
- The Agency cannot be held responsible for objects left in the flats or houses.
SOMS GRANADOS offers various means of payment so that the Client can choose the one that best suits them or best adapts to their needs:
- Credit card: The buyer will have to provide the card holder, card number, expiry date and validation code (which are the last 3 digits of the numerical list which appears on the back of the card). These data are managed directly by your bank, which will be responsible for securely collecting your purchase.
In the event of non-payment by the Client, total or partial, on the due date agreed for one or more shipments of products, SOMS GRANADOS may suspend or cancel any shipment or pending Contract, without incurring responsibility for any damage or loss, including loss of profit, or damage due to delay or loss of production caused to the Client. The aforementioned power of SOMS GRANADOS will in no case release the Client from their contractual obligations in relation to payments due and the receipt of products.
12.- Right of withdrawal
The goods you have ordered have been checked for quality and condition by the respective manufacturer. If the customer has any questions regarding the use of the product, please contact us.
At the time of delivery, make sure that the package received is externally in good condition, completely closed and without signs of tampering. If this is not the case, note this fact on the carrier’s delivery note, reject the shipment and notify SOMS GRANADOS in writing as soon as possible.
Both in the case of returns due to withdrawal from the purchase or because the product presents a lack of conformity, we ask you to follow the instructions indicated below for correct and swift processing.This occurs when the customer wishes to return any product without any type of incident, either due to regret, change of mind, or that the product, although it corresponds exactly with the description and photo on our website, is not to the liking of the buyer.
The deadline for communicating this return is 15 calendar days from the date of receipt of the product, in case of being a holiday, leave a record by mail of the intention of the return, for the return of the same (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs will be borne by you. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the cases and under the conditions set out in article 103, “Exceptions to the right of withdrawal”, of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
To exercise this right, please see the form provided at the end of this document. This form is the one provided by the legislation in force (Legislative Decree 1/2007, of 16 November) in Annex 1.
All notices, summons, requests and other communications to be given by the parties in connection with these General Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand or sent by ordinary mail to the other party’s address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for this purpose.
14.- Nullity and inefficiency of the clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included in these General Conditions.
15.- Extra-contractual Dispute Resolution
Following the guidelines set by Law 7/2017, of 2 November, which transposes into Spanish law the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
The new legislation requires that in the event of a dispute between a consumer and an entrepreneur (Article 3 of the aforementioned Law), it can be resolved by means of an out-of-court procedure before the competent regional body (Article 26 of the aforementioned Law). The purpose of this law is to ensure that consumers resident in the European Union have access to mechanisms for resolving consumer disputes.
Catalan Consumer Agency of the Generalitat de Catalunya: Department of Consumer Affairs, the user/consumer can make a complaint by clicking on the following link.
European Union: The user/consumer can also access the digital platform for alternative dispute resolution by clicking on the following link.
16.- Applicable legislation. Submission to jurisdictions
Purchases and sales made at SOMS GRANADOS are subject to Spanish legislation.
The present General Conditions of Contract are subject, amongst others, to the following Regulations:
- Law 7/1996, of 15 January 1996 on the Regulation of Retail Trade (“LOCM”).
- Law 7/1998, of 13 April, on General Terms and Conditions of Contract (“LCGC”).
- Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November (“TRLGDCU”).
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSICE”).
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights. (“LOPDGDD”).
- 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.
- Law 7/2017 of 2 November 2017 transposing into Spanish law Directive
- 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of fulfilment of the obligation or the domicile of the purchasing party is taken into account.
These General Terms and Conditions are current as of July 2021.