Terms of sale

1. Objetive

These conditions of sale (the “Sale Terms”) govern the agreement between the company Enrique Tomas SL with CIF No. B-59544957 domicile in Ptge. Mar d’Alboran nº 2, 2 º 1 ª, 08918 Badalona, Spain, duly registered in the Mercantile Registry of Barcelona (“Enrique Tomás “) and the customer (“Customer”) formalized through www.enriquetomas.com (the “website “) for the acquisition by customer of products through the Website.

2. CONTRACTING PROCEDURE

2.1. Eligibility to Purchase
To make an order through the Website, the customer must be of legal age (18 or older) and must be the final user. Minors are expressly excluded.

2.2. How to Order
If you want to acquire the current promotion select the product or products and add it to the shopping cart by clicking “add to cart “. When you already have made your selection, go to the shopping cart located in the top right and click “confirm”. By clicking the “confirm” button on the order form, the customer totally accepts and unreservedly all conditions of sale appearing on the Website at the time of contracting.
It may carry out its buying process in the following steps:

2.2.1. Your details: personal / address data
2.2.1. Your details: personal / address data.
If you want to acquire the current promotion select the product or products and add it to the shopping cart by clicking “add to cart”. When you already have made your selection, go to the shopping cart located in the top right and click “confirm”.
It may carry out its buying process in the following steps:

1. Your details: personal / address data
If you want to acquire the current promotion select the product or products and add it to the shopping cart by clicking “add to cart”. When you already have made your selection, go to the shopping cart located in the top right and click “confirm”.
It may carry out its buying process in the following steps:

2. Summary of the shopping cart
In this screen you can add and edit the items in your shopping cart. The display will break out the shipping and billing addresses. In the next step we show it again. Don’t forget to tell us which store you want to spick up your order. If instead you want to receive it at home don’t put nothing on the option by the default.

3. Shipping costs.
In this screen we must choose the shipping method: select store pickup, on the previous screen has already selected Store, or select transport (own) to have it shipped home. Remember to accept the general conditions to process the order.
For more information refer to the shipping section.

4. Payment.
Will be requested your bank details. You can pay using any credit card, debit card (Visa, Visa Electron, MasterCard and Maestro).

5. Receipt of the order.
You will see a screen with a summary of your order. Also we will email you with the details of it and the personal data that you have been provide us.

HOW CAN I DO TO KNOW IF MY ORDER IS IN PROCESS?
You will receive an order confirmation via e-mail with an attachment. This document is the booking voucher to be delivered it at the store of your choice or deliver it to the carrier.

HOW CAN I PAY MY SHOPPING?
You can pay using any credit card, debit card (Visa, Visa Electron, MasterCard and Maestro).

CAN I CANCEL MY ORDER?
Through e-mail web@enriquetomas.com Contact us to cancel your order as long as we haven’t done shipping.

2.3. Product Availability
The completion of an order through the Website is subject to product availability.
Enrique Tomás attempts to guarantee stock of all products that are for sale. If the product ordered is not available or has sold out its stock, customer will be informed by email and we will refund the amount paid no later than 30 days following the payment.

2.4. Enrique Tomás right to cancel or not to accept an order
Enrique Tomás reserves the right to refuse any order, cancel or not accept a confirmed order for, among others, the following reasons:
• A technical error or prices on the website when the order was placed occurred.
• The product figured in the order is not available.
• The payment information provided was incorrect or unverifiable.
• Security systems indicate that the order is abnormal or may be fraudulent
• There is reason to believe that the customer is a minor (under 18 years).
• Enrique Tomás hasn’t been unable, after 3 attempts, to deliver the order to the address provided.

If an order is cancelled for any of the above reasons, Enrique Tomás refund (if corresponds) the value of the order and the shipping charges paid.

2.5. Data Verification
Before processing an order done by the customer, Enrique Tomás can check its information. This can mean the address verification and solvency of the customer and if there may be some fraud involved. Respect to possible fraud, Enrique Tomás can use partially automatic verification of all purchases to filter those considered abnormal or suspicious and suspected fraud. Orders suspected of fraud will be investigated and the customer may be reported to the appropriate authorities, who may could take action against it.

3. PRICE AND PAYMENT

3.1. Rates and Currency
Prices and offers presented on the Website include VAT (value added tax) and are only valid for online orders done through the website. Prices and offers may not coincide with those available in the Enrique Tomás stores around the country. Prices are in Euros or pounds.

3.2. Method of payment
To pay the order the customer may use the following credit or debit cards: Visa, Visa Electron, MasterCard or American Express. The charge will be made after order confirmation.

3.3. Changes in price
The prices displayed on the Site are subject to change. Enrique Tomás reserves the right to change prices without notice. However, after receipt of the order confirmation of Enrique Tomás, prices to pay for that order will not be changed.
Enrique Tomás informs you that although updates are made carefully, the price of the Website may contain errors. All errors displayed on price will be corrected promptly and shall not be binding on Enrique Tomás.

3.4. Value added tax
To fulfill with current VAT according to the rules on distance selling, it follows that deliveries are made in the Member State appearing in the delivery address. Thus, all purchases made through the website are subject to VAT. The VAT will be at the current legal rate in the Member State where the goods of a particular order will be delivered.
Customers from outside the territories where VAT applies: according to the policy of Enrique Tomás VAT, VAT is charged to the customers in these areas to buy when purchased through the website when ordering.

4. DELIVERY

4.1. Delivery: Where and when
Deliveries are made Monday through Saturday. No deliveries are made on Sundays or during local festivals. Orders can only be delivered to private residences or offices.
Deliveries are made during business hours. Therefore, to facilitate deliveries, customers are asked to use their work address or any other address where there is someone who can receive the shipment.

4.2. Delivery
Orders are usually delivered from at least 2 working days after receipt. Once shipped the order, the customer receives a notification email with the estimated delivery date. In specific promotions, there may be a minimum order for delivery date

4.3. Verification on Receipt
Customer must check the condition of the packaging upon delivery. If the packaging is damaged, customer must not accept the delivery. Unless otherwise provided in these Terms of Sale, customer will receive a new shipment when the warehouse has processed the return of the products. Enrique Tomás reports that the delivery must be verified within a reasonable time after receipt. In case we haven’t received any notice of rejection of the goods within 7 days of delivery, Enrique Tomás consider the customer has accepted it. This does not affect the Customer’s right to exchange any order as set out in Section 6 below.

5. Shipping costs
Shipping costs apply to each order. The exact costs of each order depend on the destination country. Under no circumstances orders to areas that require the payment of customs tariffs will be sent.

6. Returns and changes

6.1. Returns of nonconforming product
The customer has the right to return defective or nonconforming products. Customer has 7 days from the time of detecting nonconformity of the product to inform Enrique Tomás about the defect or nonconformity and to return the product to Enrique Tomás.
If the customer returns the product because it is defective or for nonconformity and the return is approved, Enrique Tomás replace the product with a similar one and assumes the shipping costs in addition to the direct costs of the return, within a maximum term of thirty (30) days from receipt of the product reason for the return by Enrique Tomás. If the returned product is incomplete, or has been consumed a portion of it, Enrique Tomás invoice customer in approximate terms what has been consumed before the delivery of the replacement. The above is without prejudice to the rights that client holds as consumer in accordance with current regulations with imperative character on consumer protection.

7. Conditions for promotional codes

7.1. When promotional codes according to their terms and conditions are used, apply in just one discount on the purchase of a single product or a discount on an order at the time indicated by the order.
7.2. romotional codes are personal and not transferable. They can only be used for purchases made on the Website. Customer can’t sell, exchange or assign promotional codes. The promotional code cannot be uploaded through websites or other media for public offerings, gifts, sales, or other exchanges. Promotional codes cannot be used for commercial purposes.
7.3. You can only use one coupon code per product per order. Promotional codes cannot be combined with any other offer or promotion.
7.4. Promotional codes cannot be exchanged for cash.
7.5. Enrique Tomás hasn’t obligation to reissue or refund promotional codes. However, if Enrique Tomás decides at its own discretion to reissue or refund promotional codes customer would need to present the coupon code. Therefore, customer should always keep a copy of the promotional code, without which it couldn’t be reissued or refunded.
7.6. Enrique Tomás reserves the right to cancel a promotional code immediately if suspects that is used in violation of any of the above conditions, use of any incorrectly form or if it has reasonable grounds for voiding.
8. Validity of offers (“Promotional offers”)
Promotional offers displayed on the Website to increase the sale of certain products are valid only while they appear on the Website, unless otherwise specified herein.

9. Responsibility

9.1. These conditions of sale set all the obligations and responsibilities of Enrique Tomás for the supply of products. There are no warranties, conditions or other terms that are binding on Enrique Tomás, except those expressly mentioned in the Conditions of Sale.
9.2.Subject to clause 9.4, the maximum aggregate responsibility of the parties to each other on all claims of any kind or related to these Terms of Sale, whether in contract, guarantee, condition, tort, strict liability, law or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID FOR ENRIQUE TOMÁS FOR THE PRODUCT IN QUESTION.

9.3.Subject to clause 9.4, UNDER NO CIRCUMSTANCES WHETHER AS A RESULT OF BREACH OF CONTRACT, GUARANTEE, CONDITION, TORT, STRICT LIABILITY, LAW OR OTHERWISE SHALL NEITHER PARTY SHALL BE RESPONSIBLE IN FRONT OF OTHER FOR ANY SPECIAL DAMAGE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT.
9.4.Nothing contained in these Terms of Sale limit or exclude the responsibility of Enrique Tomás (i) against death or personal injury caused by the negligence of Enrique Tomás, (ii) fraud, (iii) any breach of the obligations implied by applicable national laws or (iv) any liability which cannot be excluded by law.

10. Protection of personal data

Customers are informed that their personal data will be included in files owned by Enrique Tomás for commercial purposes, advertising management related with customer and commercial prospecting, including the sending (by mail, email or other electronic means) of commercial messages related to products, services, offers, promotions and news related to Enrique Tomás group.
For purposes directly related to the processing of personal data, personal data of customers can be transmitted to companies within the group Enrique Tomás. Enrique Tomás, and any third party to who Enrique Tomás transmits any personal data, assume and maintain appropriate technical and organizational measures which are appropriate and sufficient to avoid the processing of personal data involving a breach of: (a) these Terms of Sale or data protection laws applicable; and (b) any loss, destruction or accidental damage to personal data.
Customer may exercise its right to access, rectify or object to the use of its personal data through a written request sent to Enrique Tomás, Mar d’Alboran Passage nº 2, 08918 Badalona (Spain) or by email at info@enriquetomas.com
The customer warrants the accuracy of the personal data provided to Enrique Tomás.

11. Applicable legislation

Purchases made through the web site of Enrique Tomás and under these Terms of Sale are subject to Spanish law.

12. Jurisdiction

Any dispute or controversy arising out of the application or interpretation of these Conditions of Sale, as well as incorporating contracts, will be resolved in the courts of the city of Barcelona, Spain, which will have exclusive jurisdiction over any other jurisdiction.
However, if the client has the status of consumer under Spanish law for the defence of consumers and users, the competent court shall be the place of residence of the consumer in Spain.

13. Contact with Enrique Tomás

For any question or incident with the order, the Customer may contact Enrique Tomás:
• By calling 933 838 485 Monday to Friday (except federal holidays) from 10:00 AM to 7:00 PM
• Through the Contact section of the Website
• By email, by sending a message to web@enriquetomas.com