General Terms of Sale

GENERAL CLASSIFICATION FOR SALE

Sonpetit Barcelona S.L.

1. GENERAL INFORMATION

The title of this website Sonpetit Barcelona S.L., (hereinafter "Website") holds:, and whose contact details are:

Address: Calle Pi Gros, 10, 08349, Province of Barcelona, Spain

Contact phone: + 34649494493

Contact email: info @ sonpetit.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this website (Sonpetit Barcelona S.L.) and the purchase or purchase of products and / or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that https: / / sonpetit.com / develops through the Website includes:

Sonpetit Barcelona S.L. is an online shop that specializes in textile products for babies and children. Here is a description of the products and services they offer: Baby and Child Woven: They offer a range of soft and sustainable clothes. The fabrics are 100% cotton, organic cotton and bamboo, perfect for the delicate skin of babies.

In addition to reading these Terms, before accessing, browsing and / or using this website, the User must have read the Legal Notice and General Terms of Use, including cookies policy, and https privacy and data protection policy: / / sonpetit.com /. By using this Website or by making and / or requesting the acquisition of a product and / or service through it the User agrees to be bound by these Conditions and by all of the above mentioned, so if you do not agree with all of this, you should not use this Website.

It is also reported that these conditions could be modified. The User is responsible for consulting them every time he / she accesses, navigates and / or uses the Website as those which are in force at the time when the purchase of products and / or services is requested will apply.

For all questions that the User may have in relation to the Conditions you can contact the holder using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, individually, as a User or jointly as a User), so that all the conditions set out here, as well as their subsequent modifications, are accepted, since the start of the navigation on the Website, without prejudice to the application of the relevant legal rules of compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall be extended to:

Use this website only for legally valid queries and purchases or acquisitions.
Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it could be cancelled and the relevant authorities would be informed.
Provide truthful and licit contact data, for example, e-mail address, postal address and / or other data (see Legal Notice and General Conditions of Use).

The User claims to be over 18 years of age and have the legal capacity to conclude contracts through this Website.

The User may, at his / her choice, formalize with https: / / sonpetit.com / the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

3. PROCESS OF COMPRA OR ACQUISITION

The duly registered users can purchase on the Website by the established means and forms. You must follow the purchase and / or online purchase procedure of Sonpetit Barcelona S.L., during which several products and / or services can be selected and added to the cart, basket or final shopping space and finally click: «Pay Now»

The User must also fill in and / or check the information requested in each step, although, during the purchase process, prior to payment, the purchase data can be modified.

The User will then receive an email confirming that https: / / sonpetit.com / has received your order or request for purchase and / or service delivery, i.e. confirmation of the order. And, if necessary, you will also be informed by email when your purchase is being sent. If necessary, these information could also be made available to the User through his / her personal space of connection to the Website.

Once the purchase procedure has been completed, the User will consent that the Website will generate an electronic invoice that will be made available to the User through the email and, if necessary, through his personal space of connection to the Website. The User may also, if he so wishes, obtain a copy of his invoice on paper, requesting it from https: / / sonpetit.com / using the Web site contact spaces or through the contact data provided above.

The User recognizes to be aware, at the time of purchase, of certain particular conditions of sale which concern the product and / or service in question and which are shown together with the presentation or, where appropriate, the image of the product on his website, indicating, on an indicative but not exhaustive basis, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, in which the performance and / or cost of the services will be carried out; and recognizes that the implementation of the purchase or purchase order materializes the full and complete acceptance of the particular conditions applicable to each case.

The communications, purchase orders and payments involved during the transactions on the Website could be archived and kept in the https: / / sonpetit.com / computerized records in order to provide a means of proof of transactions, in any case, in respect of the reasonable security conditions and the laws and regulations in force in this regard that are applicable, and in particular in accordance with 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 the free movement of these data (RPD) and the protection of the rights of this Personal Data and of those rights (RPD) in accordance with the Law of the European Parliament and Council of 27 April 2018.

4. SUPPLY

All purchase orders received by https: / / sonpetit.com / through the Website are subject to the availability of the products and / or to no circumstances or cause of force majeure (clause 9 of these Conditions) affecting the supply of the products and / or the provision of the services. If there are difficulties in the supply of products or no products left in stock, https: / / sonpetit.com / undertakes to contact the User and reimburse any amount that may have been paid for the amount. This shall also apply in cases where the provision of a service becomes unrealized.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final, in Euros (€) and include taxes, unless, by legal requirement, in particular with regard to VAT, a different issue is identified and applied.

The shipping costs are included in the final prices of the products as shown on the Website. Thus, https: / / sonpetit.com / performs delivery and / or delivery services through: General Logistics Systems Spain S.A is a subsidiary of General Logistics Systems B.V., Amsterdam. GLS Spain.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User already has.

The means of payment accepted will be: Credit or debit card

The User may also pay all or part of the purchase price with a gift card and / or a subscription card issued by https: / / sonpetit.com / and / or Mª Jesus Buxade.

https: / / sonpetit.com / uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards shall be subject to checks and authorisations by the issuing bank of the credit cards, if that institution does not allow payment, https: / / sonpetit.com / will not be liable for any delay or non-delivery and may not enter into any contract with the User.

Once https: / / sonpetit.com / receives the User's purchase order through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card shall be made at the time when the confirmation of sending and / or confirmation of the service is sent to the User and, where appropriate, the place established.

In any case, by clicking on «Pay Now» the User confirms that the payment method used is yours, or that, where appropriate, it is the legitimate holder of the gift card or the payment card.

6. ENTRY

In cases where the physical delivery of the property is necessary, the deliveries shall be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), European Union

With the exception of cases in which unforeseen or extraordinary circumstances exist or, where appropriate, arising from the customization of the products, the purchase order consisting of the related products in each purchase confirmation shall be delivered within the time limit specified on the Website according to the sending method selected by the User and, in any case, within a maximum of 30 calendar days from the date of the confirmation of the order.

If for any reason, which was imputable to you, https: / / sonpetit.com / cannot meet the date of delivery, you will contact the User to inform you of this circumstance and, the User may choose to proceed with the purchase by setting a new date of delivery or to cancel the order with the total refund of the price paid. In any case, home deliveries are made on working days.

If it was impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.

If the User is not going to be at the delivery site on the agreed time range, please contact https: / / sonpetit.com / to agree to the delivery another day.

If 30 days have elapsed since your order is available for delivery and has not been delivered for reasons not attributable to https: / / sonpetit.com /, https: / / sonpetit.com / you will understand that the User wishes to withdraw from the contract and the contract will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned to him, with the exception of the additional costs resulting from the user's own choice of a delivery mode other than the less expensive standard delivery mode offered by the Website, without any undue delay and, in any case, within a maximum of 14 calendar days from the date on which the contract is considered to be terminated.

However, the User should bear in mind that the transport resulting from the resolution may have an additional cost which may be passed on to him.

For the purposes of these Conditions, the delivery shall be understood to have occurred or the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which shall be credited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when https: / / sonpetit.com / receives full payment of all amounts due in connection with the purchase or purchase made, including the shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount paid by https: / / sonpetit.com /.

In accordance with the provisions of Law 37 / 1992 of 28 December 1992 on the Value Added Tax (VAT), purchase orders for their delivery and / or delivery shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that which is legally applicable at each time in accordance with the specific article in question.

In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006 / 112 of 28 November 2006 on the common VAT system, purchase orders shall be located, for delivery and / or delivery, in that Member State where the address in the purchase order is located and therefore the applicable VAT shall be that in force in that Member State.

7. TECHNICAL MEANS FOR RULES

It is made known to the User that in the event that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting https: / / sonpetit.com / through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact data provided in the first clause (General Information). These information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on «Pay Now», you have access to the space, cart, or basket where your purchase requests are listed and you can make modifications.

The User is also referred to the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise his right to rectification as provided for in Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and in Organic Law 3 / 2018 of 5 December 2018 on the protection of personal data and the guarantee of digital rights.

8. DEVOLUTIONS

In cases where the User acquired products on or through the holder's website, a number of rights are available to the User, as listed and described below:

Right of withdrawal

The User, as a consumer and a user, makes a purchase on the Website and therefore gives him the right to desist from such purchase within 14 calendar days without any justification.

This period of withdrawal shall expire on the 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods acquired on the https website: / / sonpetit.com / or in the event that the goods making up his order are delivered separately, on the 14 calendar days of the day the User or a third party authorized by the carrier, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, on the 14 calendar days from the day of the contract.

In order to exercise this right of withdrawal, the User shall notify its decision to https: / / sonpetit.com /. You can do so, if necessary, through the enabled contact spaces on the Website.

The User, regardless of the means he or she chooses to communicate his or her decision, must clearly and unequivocally state that it is his or her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that https: / / sonpetit.com / makes available to him / her as a part annexed to these Conditions, but its use is not mandatory.

In order to meet the withdrawal period, it is sufficient that the communication which unequivocally expresses the decision to desist be sent before the relevant period expires.

In case of withdrawal, https: / / sonpetit.com / will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a different shipping modality to the less expensive mode offered on the Website) without any undue delay and, in any case, not later than 14 calendar days from the date on which https: / / sonpetit.com / is informed of the decision to desist by the User.

https: / / sonpetit.com / will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund shall not result in any additional cost to the User. However, https: / / sonpetit.com / could retain such refund until the products or items of the purchase have been received, or until the User presents a proof of return, according to which condition is first met.

The User can return or send the products to https: / / sonpetit.com / en: Calle Narcís Monturiol, 32, 08349, Cabrera de Mar, Province of Barcelona, Spain

It shall do so without undue delay and, in any case, not later than 14 calendar days from the date on which https: / / sonpetit.com / was informed of the decision to withdraw.

The User acknowledges that he / she must bear the direct cost of return (transport, delivery) of the goods, if any. It shall also be responsible for the reduction in the value of the products resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1 / 2007 of 16 November 2007 approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. In an enunciative and not exhaustive way, this would be the case of: custom products; products that can quickly deteriorate or expire; music / video CDs / DVD without its wrapping, as specified in the factory; products that for reasons of hygiene or health are sealed and have been despised after delivery.

The same applies to the provision of a service that the User could contract on this Website, as this same Law provides that the right of withdrawal will not be provided to the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on the part of the user that, once the contract has been fully implemented by https: / / sonpetit.com /, it will have lost its right of withdrawal.

In any event, no refund shall be made if the product has been used beyond the mere opening of the product, of products which are not in the same conditions as those in which they were delivered or which have suffered any damage after delivery.

The products must also be returned using or including all their original wrappers, instructions and other documents accompanying them, in addition to a copy of the purchase invoice.

In the following link you can download the Model withdrawal form:

Return of defective products or shipping error

These are all cases where the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and should therefore contact https: / / sonpetit.com / immediately and let him know the existing disconformity (default / error) by the same means or using the contact data provided in the previous paragraph (Right of withdrawal).

The User shall then be informed of how to return the products, and the products shall, once returned, be examined and the User shall be informed within a reasonable time, if the refund or, where appropriate, the replacement thereof is appropriate.

The refund or replacement of the product shall be made as soon as possible and, in any case, within 14 days of the date on which we send you an e-mail confirming that the reimbursement or replacement of the non-compliant article is appropriate.

The amount paid for those products which are returned because of a defect, where it actually exists, shall be fully reimbursed, including the delivery costs and the costs at which the User could have incurred the refund. The refund shall be made by the same means of payment as the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and a user, will always be met.

Guarantees

The User, as a consumer and a user, has guarantees on the products he can acquire through this Website, in the terms legally established for each type of product, responding https: / / sonpetit.com /, therefore, for the lack of conformity of the products that is expressed within two years of delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they are in accordance with the description made by https: / / sonpetit.com / and have the qualities presented in the contract; they are suitable for the uses to which the products of the same type are normally intended; and they present the standard quality and performance of a product of the same type and are fundamentally expected of the same type. Where this is not the case for products delivered to the User, the User shall proceed as indicated in the Return of defective products or error in the shipment. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as they are derived from the type of material with which they have been manufactured, which will therefore be part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User acquires on the Website a product of a brand or made by a third party. In this case, and considering the User who is a defective product, he also has the possibility to contact the trade mark or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of those products. To this end, the User must have kept all the information relating to the product guarantee.

9. EXONERATION OF RESPONSIBILITY

Unless otherwise provided by law, https: / / sonpetit.com / will not accept any liability for the following losses, regardless of their origin:

any losses that were not attributable to any non-compliance on their part;
business losses (including loss of profits, income, contracts, expected savings, data, loss of the trading fund or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the two parties was concluded.

In addition, https: / / sonpetit.com / also limits its responsibility in the following cases:

https: / / sonpetit.com / applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to the lack of screen resolution, or problems of the browser used or other such.
https: / / sonpetit.com / will act with the utmost diligence to make available to the company responsible for the transport of the product subject to the purchase order. However, it is not responsible for damage caused by a malfunction of transport, especially for causes such as strikes, road retreats, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
Technical failures which, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. https: / / sonpetit.com / puts all the means available to you to carry out the process of buying, paying and sending / delivering the products, however it is exempt from liability for causes that are not attributable to you, fortuitous case or force majeure.
https: / / sonpetit.com / will not be responsible for the misuse and / or wear of products that have been used by the User. At the same time, https: / / sonpetit.com / will not be responsible for a misreturn made by the User. It is the responsibility of the User to return the right product.
In general, https: / / sonpetit.com / will not be held responsible for any failure or delay in the performance of any of the obligations assumed, where this is due to events that are outside its reasonable control, i.e. due to force majeure, and may include, on an indicative but not exhaustive basis:
- Balls, closures or other vindictive measures.
- Civil disturbance, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https: / / sonpetit.com / will have an extension within the time period to meet them for a period equal to the duration of the cause of force majeure. https: / / sonpetit.com / will put all reasonable means to find a solution that will enable it to fulfil its obligations despite the cause of force majeure.

10. SCRITH AND NOTIFICATIONS

By using this Website, the User accepts that most communications with https: / / sonpetit.com / are electronic (e-mail or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that https: / / sonpetit.com / send electronically meet the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with https: / / sonpetit.com / through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Also, unless otherwise stated, https: / / sonpetit.com / can contact and / or notify the User in your email or in the provided postal address.

11. RENUNDIA

No waiver of https: / / sonpetit.com / to a specific legal right or action or the lack of requirement by https: / / sonpetit.com / of the user's strict compliance with one of his obligations shall mean neither a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exempt the user from the fulfilment of his obligations.

No waiver of https: / / sonpetit.com / to any of these Conditions or rights or actions arising from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULITY

If any of these Conditions are declared null and void by a final decision of the competent authority, the rest of the clauses shall remain in force, without prejudice to that declaration of invalidity.

13. COMPLETE AGREEMENT

The present Terms and any document referred to in these terms constitute the full agreement between the User and https: / / sonpetit.com / in relation to the object of sale and replace any other agreement, agreement or previous promise agreed orally or in writing by the same parties.

The User and https: / / sonpetit.com / recognize having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data provided by the User to https: / / sonpetit.com / in the course of a transaction on the Website shall be treated in accordance with the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website the User conforms to the processing of such information and data and declares that all the information or data it provides are true.

15. APPLICABLE LEGISLATION AND LEGISLATION

The access, navigation and / or use of this website and the contracts for the purchase of products through it shall be governed by Spanish legislation.

Any dispute, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between https: / / sonpetit.com / and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and courts.

16. LABEL AND CLAIMS

The User can reach https: / / sonpetit.com / your complaints, complaints or any other comments you want to make through the contact data that are provided at the beginning of these Conditions (General Information).

In addition, https: / / sonpetit.com / has official complaint sheets available to consumers and users, which can be requested from https: / / sonpetit.com / at any time, using the contact data provided at the beginning of these Conditions (General Information).

In addition, if the conclusion of this purchase contract between https: / / sonpetit.com / and the User gives rise to a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524 / 2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of online consumer disputes and amending Regulation (EC) 2006 / 2004 and Directive 2009 / 22 / EC. You can access this method via the following website: https: / / ec.europa.eu / consumers / odr /.