Terms and Conditions

A) GENERAL CONDITIONS FOR USE OF THE SITE TARIFA and COMPANY

1. PURPOSE AND SCOPE

These provisions aim to regulate the use of electronic services selling products offered on the web page www.tarifaandcompany.com (hereinafter "the Web” or “TARIFA and COMPANY" ), whose holder is QUADRAGENIA INVESTMENTS, S.L.

The clauses included in these Terms and Conditions are binding on both parties and are an integral and inseparable part of the sales contract which effectively operates at the time of signing the order at the request of the client, via contracting mechanisms which will be specified later.

To ensure in full the rights of consumers and users of services and shopping at TARIFA and COMPANY, these General Conditions are established pursuant to the provisions of Spanish Royal Decree 1/2007, of November 16 and the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 7 /98 of April 13, General Conditions of Contract, Law 7/ 1996 of January 15 on Retail Trade amended by Law 47/2002, of December 19, Civil Code, Directive 2000/31/EC of the European Parliament and of the Council of 8 June, Law 34 /2002 of July 11 on information services and e-commerce rules.

2. IDENTIFICATION AND TRADE NAME COMPANY OFFERING

QUADRAGENIA INVESTMENTS, S.L, is established in Calle Mateo Inurria, 32, Madrid, registered in the Commercial Registry of Madrid, Volume 29.422, page 170, sheet M-529576 with CIF No. B86310869. 

3. OBJECT

The General Conditions govern the provision of retail services, procurement of products and services offered by TARIFA and COMPANY and advertising to users and / or customers, all through their website, and the rights and obligations of the parties relating to the transactions of sale concluded between them.

TARIFA and COMPANY reserves the right to retain, modify or suspend the website without notice.

4. LEY DE SERVICIOS DE LA SOCIEDAD DE LA INFORMACIÓN

TARIFA and COMPANY pursuant to the provisions of art. 10 of Law 34/2002 of July 11, through its Web site and these Terms, allows permanent access by electronic means, easy, direct and free comprehensive information of our company name (data tax, registration, address and communications), as well as your customer data held by the Company.

5. ADVERTISING AND PERSONALIZED OFFERS TO CUSTOMERS

The user will receive solely those commercial communications by electronic means under the scope of Article 21 and related provisions of Law 34/2002 of Services of the Information Society and Electronic Commerce (Spanish Law).

6. USER OBLIGATIONS

You acknowledge and agree that your use of the Website and / or services is at your risk and / or responsibility.

The user of the Web page is entitled to free access to public information contained therein, though TARIFA and COMPANY reserves the right to restrict access to information, promotions and special offers to registered customers.

The public information contained in the Web page and TARIFA and COMPANY regarding both the company and the brands, products, logos of the products and services, are protected by the intellectual property laws on protection of rights, so the copy, transfer, assignment, sale or use by customers is not authorized without the express written consent from TARIFA and COMPANY.

The user thus agrees to use the Portal content and services, as provided by law, morality and public order in the General Conditions and the Special Conditions in which according to the service are reasonable to contemplate. It also undertakes not to use any such content of the website and the services offered on it, which could present an attack on the rights and TARIFA and COMPANY or third parties and / or infringes the legislation on intellectual and industrial property rights, or other applicable legal regulations, or illicit or activities that may constitute a crime.


Similarly, the user agrees not to introduce, disseminate, broadcast, transmit or otherwise make available to third parties by accessing and using the Site, any material, content and information (data, messages, pictures, photos, files sound, video, software, etc.) that are contrary to law, morals, public order, the General Conditions, Special Conditions in which case they apply. As a listing and in no case limiting or excluding, the User undertakes:

a) Not to introduce or spread within the Portal content or propaganda offensive or discriminatory against third parties, or racist, xenophobic, pornographic, justifying terrorism or that violates human rights.

b) Not to interrupt access to TARIFA and COMPANY or access its systems or modifying the Web page and not use it to enter or transmit data network programs (viruses and harmful software) susceptible to cause damage to computer systems service providers, its suppliers or third party users of the Internet, or penalties that could be classified as cybercrime.

c) Not to diffuse, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized by the Constitution and international treaties.

d) Not to diffuse, transmit or make available to third parties any information or content element that constitutes unlawful or unfair advertising.

e) Not to transmit unsolicited or unauthorized advertising, promotional materials, " junk mail", "chain letters”, "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial areas) that have been exclusively designed for it.

f) Not to input or spread any information and / or false, ambiguous or inaccurate so as to mislead the recipients thereof.

g) Not to supplant other users by using their usernames for different services and / or contents of the Portal.

h) Not to diffuse, transmit or make available to third parties any information or content element that involves a violation of the rights of intellectual property, patent, trademark or copyright that corresponds to the holders of the Website or third parties.

i) Not to diffuse, transmit or make available to third parties any information or content element that involves a violation of the secrecy of communications and the law of personal data.

j) Keep your password personal in safe keeping.

k) Use the information published by TARIFA and COMPANY exclusively for the purpose of the proposed business relationship.

l) Not reproduce, sell or dispose of the information published by TARIFA and COMPANY in its content without the express permission of the company.

m) Use faithfully the shopping service provided by TARIFA and COMPANY on its website and refrain from manipulating the contents of its website, or interfere via computer means through viruses or other conduct prohibited by law.

n) To respect the pact once accepted the purchase order, timely payment of the agreed price.

7. COMMUNICATIONS

For the purposes of these General Conditions, and any communication that is necessary between TARIFA and COMPANY and the user, they can go to the provider either through this form or by email at swim [at] tarifaco.com. Communications from TARIFA and COMPANY to users will be made according to the data provided by them when registering on the portal. The User expressly agrees to all communications relating to the use of the portal and/or the purchase of goods, the use of email as valid for the remission of these communications.


B) SPECIAL CONDITIONS. BUYING PROCESS.

1. Product choice

In the interactive process of electronic purchase the following steps shall be according to the menu of options entered in the Web page and TARIFA and COMPANY:

a) Information on the product to make according to the customer's specifications and according to the possibilities offered by TARIFA and COMPANY configuration, specifications, description, photograph guidance (if any).

b) TARIFA and COMPANY reports that the data contained in the information and product photography are for information purposes only. Therefore, TARIFA and COMPANY disclaims any liability for the occurrence of errors in such information, but is committed to take all measures within its power to remedy as soon as possible in the bugs or omissions after being informed thereof.

c) Information on product price: the information displayed on the final price includes the purchase price including VAT. Shipping costs are also included in the price. Not included in the price are costs or expenses arising from taxes, local taxes or import consignments levied on products shipped from Spain.

d) The final cost therefore will be reported to the customer in the e-procurement process before formalizing its acceptance by selecting the appropriate "Confirm Order" menu option. Discounts or promotional gifts will be directed freely to customer groups within TARIFA and COMPANY or through existing advertising at any time on its website.

e) The purchased product may suffer, due to the availability of the manufacturer, changes in the components, features or services that form part of the whole, provided they do not pose a demerit of the qualities and services advertised.

f) TARIFA and COMPANY reserves at all times and unilaterally changing the price of products and services offered through their website. To ensure the customer the assurance and security prices of their products, this will be the effect on the advertising at the time of the order.

g) While browsing the user must include the product you intend to purchase the so-called "Cart" as a first step to formalize the sale.

2. Summary

Once having added the product(s) to the "Cart", a page called "My Cart " with the selected item will appear, with the amount, sale price, taxes, deductions (if any), the price of shipping and the total price.

3. Mailing address

Having confirmed the previous step, it will show a new window in which the users can choose a delivery address for the chosen product, which can be determined during the pre-registration or elsewhere.

4. Payment

To complete the agreement between the parties a payment will be required. The means of payment accepted by TARIFA and COMPANY are major credit cards and PAYPAL. To ensure the safety of the transaction, TARIFA and COMPANY uses a secure payment gateway. The charge will be online, ie, in real-time, through the payment gateway of the financial institution, once it is established that the data is correct.

In case of non-payment by the bank, TARIFA and COMPANY may terminate the contract and suspend the execution of the order, notifying the user. TARIFA and COMPANY reserves the right of ownership over goods requested by the user to the confirmation of the full payment of the order.

5. Confirmation of purchase. Purchase subject to collection.

At the time of purchase the user will receive, within a maximum of 24 hours, a communication acknowledgment to the terms of the acquisition in the e-mail linked to it. The user can view the document at all times through the "My Account" section of the website. The language used to formalize the contract shall be determined by the user.

Purchase subject to collection: The commitment of TARIFA and COMPANY for the sale and clearance of the merchandise offered is subject to stock of the advertised product and its availability while stocks last, so TARIFA and COMPANY in its commitment to quality and customer service at all times tries to advertise products that are available. However, in exceptional circumstances interactive multiple orders or those which cause the understock of the product, the order and the contract between the parties shall have no effect under this clause, fully restoring customer payments will be sufficient to avoid any of the indemnification in respect of breach of contract, damages or lost profits parties.

6. Execution of the contract. Delivery. Place of delivery.

The approximate delivery time is between fourteen and twenty working days, depending on product availability. Deliveries will be made to any country in the world.

Delivery shall be satisfied at the time that the carrier makes the product available to the user or a person authorized by them, or the moment when the delivery address for this purpose is reached and such delivery cannot be performed due to causes attributable to the user.

The address will be given in the process. The subsequent changes in the place of delivery requested by the client may generate additional costs on the price to be at the expense of the buyer. Deadlines are considered fulfilled if the good is not delivered to the recipient due to acts of God.

Upon delivery of the goods, the customer must sign the delivery note giving its assent to a delivery. The conformity of the client in the delivery waive any claim or complaint regarding the goods ordered and received. If they detect a knock or anomaly in the packaging, it is essential to proceed with the return policy:

a) State the damages in the remarks section of the document's delivery.

b) Connect within 24 hours with TARIFA and COMPANY (sending us an e-mail so we can take care of the issue.)

If these conditions are not met TARIFA and COMPANY does not assume any responsibility for the product. Shipments are door to door, deliveries will be made on weekdays. 

7. Right of withdrawal.

Pursuant to the Law 7/ 1996 of January 15 on the Retail Trade, amended by Law 47/2002, of December 19, and art. 101 and 102 of Royal Legislative Decree 1/2007, of November 16 approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws do not apply to the transaction of the products offered by TARIFA and COMPANY the right to request the revocation of the order, due to the customizable nature of the product, fully personizable throughout the purchasing process.

Right of return or withdrawal only applies in cases where there is an error or defect in the product, in that case, the consumer shall notify TARIFA and COMPANY within seven calendar days of receipt of product, for the timely return mechanisms, so that order number and delivery address form and return shipping are established, along with a request of the refund of the amount you paid which must be submitted on the form.

If exercised, this right of withdrawal shall be borne by the customer, TARIFA and COMPANY will not be responsible for refunds or for the damage sustained by the product or merchandise through handling by the client, or if goods that are returned incomplete both in its main elements as accessories. There shall be no right of withdrawal beyond the period stated.

TARIFA and COMPANY will proceed to refund the amount paid by the same channel used by the customer to the payment of the product, once the condition of the returned goods is met.

8. Warranty

All products are guaranteed for a period of two years, as established by current legislation. No guarantee can be invoked for all those defects caused by neglect, beatings, use or tampering, or improper or incorrect treatment, or by using the product for a different purpose than stated.

Excluded from warranty, are products modified, repaired or altered by any unauthorized person. The warranty shall not apply to visible defects and defects of conformity of the product, for which any claim must be made by the customer within seven (7) days following the delivery policy of the products without penalty due. The warranty does not cover products damaged during transport.

In order to facilitate the speedy resolution of those claims arising on exercise of warranty, we recommend the users to go directly to TARIFA and COMPANY, showing the documentary evidence as proof of purchase. In any case TARIFA and COMPANY is not required to compensate the user or third party for the consequences of use or misuse of the product, whether direct or indirect, accidents to persons, damage to property outside the product, loss of profit or loss of profits, damages arising a deterioration or loss of data.

9. Governing Law. Submission to Jurisdiction.

These conditions shall be governed by Spanish law, which shall apply to matters not provided for in this agreement on the interpretation, validity and performance.

The parties expressly waive any jurisdiction that may correspond to them and submit themselves to the Courts and Tribunals of Madrid to solve any dispute that may arise in the performance of the contract terms.

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 February 2014