The contracting of the products and services offered by Tombarella will be carried out through the web address https://tombarella.com/ using the online assistant tool for new customers.
For this purpose, a contracting procedure has been established in which, once the description of the specific service, its functionalities and/or specifications and the current rates have been shown, the customer wishing to contract must accept these General Service Contracting Conditions.
Once read by the Client, and if he/she agrees with them, he/she will accept them or cancel the procedure. In the event that he/she accepts them, he/she will fill in a data collection form that will be sent automatically. Both the acceptance of the Conditions and the sending of the data are automatically registered in the Tombarella Systems.
§ TOMBARELLA will archive in its computer systems the computer records or logs of such delivery.
§ During the contracting process, TOMBARELLA provides Customers with the following data validation systems and automatic data reloading systems:
§ Checking the correct format of Current Account Code
§ Verification of the correct format of the N.I.F., C.I.F., Residence Card or other accrediting document.
§ Address validation at city, province and postcode level
§ Validation of the correct formatting of an email
§ Validation of the Customer’s first and last name
§ Telephone number format
§ User/Password security protocols
§ In addition, the Customer may access or modify online all of the above-mentioned data except for the bank account and user name, which for security reasons are verified before proceeding.
§ All contracts with TOMBARELLA shall be formalised in the following language: Spanish.
§ TOMBARELLA will send the customer documentary confirmation of the contracting by e-mail within twenty-four hours of TOMBARELLA receiving the acceptance, in accordance with the above.
TOMBARELLA reserves the right to modify the commercial offer of the website (modifications to products, prices, promotions and other commercial and service conditions) at any time, although these modifications will not be applied to contracts already made.
TOMBARELLA makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event of any such error occurring at any time, it will be corrected immediately.
If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on this error, TOMBARELLA will inform the customer of this error and the customer will have the right to cancel the purchase without any cost on their part.
The contents of the website may sometimes show provisional information about the nature of some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on their part.
Internet sales system.
To make a reservation, the user must register and follow the steps of the purchase process defined on our website. At the end of this process, which includes the registration process on the website to identify the buyer, the order is sent electronically to TOMBARELLA to be processed. If the customer chooses the option indicated on the website, he/she will receive an email confirmation that the reservation has been received. These general terms and conditions apply to the bookings made:
1. Applicable taxes.
The prices of the products displayed on the TOMBARELLA website include Value Added Tax (VAT).
Purchases made by natural persons domiciled in the Member States of the European Union shall be subject to VAT. Purchases made by taxable persons established in the Member States of the European Union shall be exempt from VAT.
Purchases made by individuals or legal entities resident in non-EU Member States, the Canary Islands or Ceuta and Melilla will be exempt from VAT.
2. Form of payment.
When making the reservation, the customer may freely choose to pay for the product by credit card (MasterCard and Visa), bank transfer or other similar means. In certain cases and in order to prevent possible fraud, TOMBARELLA reserves the right to ask a customer for a specific form of payment in the event that the identity of the purchaser is not reliably accredited.
General terms and conditions of sale
I. OVERVIEW
These General Conditions shall apply to all Orders and/or Quotations accepted by the customer and shall constitute the contract between the parties, starting from the moment of acceptance of the Quotation and/or Order request.
II. PAYMENT TERMS AND CONDITIONS
The selling price shall include value added tax.
Transport costs are not included in the sale price; this service may be contracted by the customer according to the estimate provided by the shop. The assembly of the furniture is not included.
The sale shall be deemed to have been concluded when the customer pays 25% of the total amount of the sale, including the cost of assembly if contracted by the customer.
Payment of the total amount of the sale must be made before delivery of the goods or before the goods are removed from TOMBARELLA’s warehouses.
The sale on credit must be arranged by the customer before the sale is concluded. Once the seller can confirm that the credit has been granted, he may deliver the goods.
The products sold shall remain the property of TOMBARELLA until the customer has paid for them in full or, in the case of financing, until payment has been made by the financial institution chosen by the customer.
In the event of non-payment of the goods, TOMBARELLA may choose between claiming the return of the goods or the retail price of the same, without prejudice, in each case, to claim the damages caused.
III. RETURNS
If the customer withdraws from the purchase contract after signing and making an advance payment, TOMBARELLA shall not be obliged to refund the aforementioned amount for any reason attributable to TOMBARELLA.
In the event of having to refund amounts paid by the Client, this will only be done by bank transfer, within a maximum period of 14 days from the acceptance of the refund by TOMBARELLA.
In those sales contracts in which the customer has requested special and/or made-to-measure products, in the event of cancellation by the customer within 48 hours of signing the contract, the amount paid on account when the contract was formalised will not be refunded, and in those cases in which no amount was paid on account, a penalty of 25% of the total amount of the order will be charged to the customer. Once this period of 48 hours has elapsed, there will be no right of withdrawal without just cause on the part of the customer.
If you wish to return the product, the product must be returned with the additional packaging in perfect condition. Shipping costs may be charged to the customer, if you want the return to be managed by TOMBARELLA the price including VAT is:
| Orders up to 5kg | 4 € |
| Orders of more than 5kg and up to 10kg | 7 € |
| Orders of more than 10kg and up to 15kg | 9 € |
| Orders of more than 15kg and up to 25kg | 10 € |
| Orders of more than 25kg and up to 35kg | 13 € |
| Orders of more than 35kg and up to 40kg | 17 € |
| For each additional kg | 0,43 € |
Product return costs
IV. FURNITURE REPLACED
The purchase and delivery of our product does not imply the collection of the old one from your property. Such collection will only be carried out after requesting a quotation for this purpose.
V. DELIVERY TIME
The expected delivery date will be agreed with the customer prior to order confirmation.
If there are any changes to the delivery date, TOMBARELLA will inform the customer by SMS or email in order for the customer to accept the new delivery date.
In the event that the customer chooses not to accept the new delivery date and terminate the purchase contract, he/she must communicate this within a maximum period of 48 hours from receipt of the communication regarding the new delivery date. In this case, TOMBARELLA will proceed to refund the deposit by the means established in the general conditions of sale.
From the moment the goods are delivered or made available to the customer, the possible loss or deterioration of the goods for reasons not attributable to TOMBARELLA shall be the responsibility of the customer.
If the goods are faulty or do not correspond to the goods ordered by the customer, this shall be recorded on the delivery note in the possession of the TOMBARELLA assembler.
If the goods are collected directly by the customer from TOMBARELLA’s warehouses, the time limit for collection must be agreed in advance between both parties or, failing this, within 30 days of the customer being informed that the goods are already at his disposal.
VI. MINIMUM 2-YEAR WARRANTY
All TOMBARELLA products enjoy a legal guarantee for lack of conformity of the products of two (2) years from the date of delivery, and in accordance with the provisions 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.
There is a legal guarantee of conformity for the goods, as well as an after-sales service.
If the product is not in conformity with the contract, the buyer may choose between demanding repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate.
The guarantee is valid as long as the furniture has been used in a household or similar environment, according to its nature, and has been treated correctly. In no case does this warranty cover improper use of the goods or negligence on the part of the purchaser. This guarantee does not cover normal wear and tear due to use, such as wheels, fabrics, fittings, mechanisms, slats, hydraulics, controls, electronic elements, screws…
Defects caused by misuse, knocks, incorrect installation not carried out by TOMBARELLA assembly teams, or products subject to wear and tear due to normal use are not included.
VII. COMPLAINTS AND AFTER-SALES SERVICE
In the event of a complaint, regardless of the reason for the complaint, the customer must keep the goods. You should contact TOMBARELLA, Customer Service Department by email at [email protected] or through our website https://tombarella.com/. The complaint will be duly dealt with as long as it corresponds to the product related to your purchase document. The deadline for the resolution will be a priority and will depend on the receipt of the goods to be exchanged or repaired.
The customer’s signature on the attached Order implies full agreement with the above General Terms and Conditions of Sale.
VIII. OTHERS
The validity of the budget shall be 30 days from the date of its creation.
The customer has the option to have the purchase contract in Catalan and/or Spanish.
IX. DATA PROTECTION
In compliance with the Organic Law on the Protection of Personal Data (LOPD), your personal data will be included in a TOMBARELLA file for the management of your order, and to send you news about our products and services.
If you do not wish us to send you commercial information about our products and services, please tick the following box: To exercise your rights of access, rectification, cancellation and opposition in accordance with the law, you can write to TOMBARELLA Ref. Data Protection, Passatge de la cooperativa 14, 08210, Barberà del Vallés, Barcelona, or exercise the aforementioned rights by sending an e-mail to [email protected] Ref. Data Protection (with proof of identity).