General Terms and Conditions of Sale

General Terms and Conditions of Sale ON THE INTERNET

 ARTICLE 1. Scope of application

The www.eazybbq.com service is provided by ONLYDETAILS SL, a limited liability company with a capital of 300,000 euros, whose registered office is located at Poligono Industrial La Campana, Nave 39, 29600 Marbella (Malaga), Spain, and whose tax identification number (CIF) is B93328870.

These General Terms and Conditions of Sale apply without restrictions or reservations to all products marketed and/or services provided by the website www.eazybbq.com.

Their purpose is to govern the contractual relations between ONLYDETAILS SL, hereinafter referred to as the Company, and the Client defined below as the user of the www.eazybbq.com website and its derived services.

By purchasing products online, using the services offered, the Customer declares that he/she uses the services of the www.eazybbq.com website in accordance with the applicable law and the following general conditions.

The service is available 24 hours a day, subject to Internet connection problems independent of the Company.

The Company reserves the right at any time to modify or temporarily interrupt all or part of the service for technical or other reasons without having to inform the Client in advance.

The Company may under no circumstances be held liable for any modifications or interruptions made.

The parties agree that their relationship will be governed exclusively by this contract, excluding any conditions previously available on the website.

However, if a condition is not met, it will be considered to be governed by the practices in force in the distance sales sector where companies have their registered office in Spain.

The Customer acknowledges having read all the above-mentioned information and the General Terms and Conditions of Sale before placing the order, and having accepted them without restriction or reservations.

The Customer must be at least eighteen (18) years old, legally capable of contracting and using www.eazybbq.com in accordance with the General Terms and Conditions of Sale.

The resale or distribution of products purchased on www.eazybbq.com is prohibited.

No special conditions may, except with the express, prior and written acceptance of the Company, prevail over these conditions.

Consequently, any contrary condition opposed by the Client to the Company shall, in the absence of express acceptance, be unenforceable against the Company, regardless of the time or circumstances in which it may have been brought to its attention.

The fact that the Company does not avail itself, at any given time, of any of these Conditions shall not be construed as a waiver by the Company of its right to avail itself subsequently of any of these Conditions.

ARTICLE 2 Conditions of use

On the website: www.eazybbq.com :

1. Contractual information is presented in the language chosen by the user and will be confirmed with this contractual information at the time of the online purchase procedure.

The Company reserves the right to cancel any order from a Customer with whom there is a payment dispute without the Customer being able to claim any compensation for any reason whatsoever.

2. The validation by the Customer of his order, is worth acceptance of these General Terms and Conditions of Sale fully and without reservation.

The data recorded by the Company on the website www.eazybbq.com or the transcripts of telephone calls between the Client and the Company’s services constitute proof of all transactions between the Company and its clients.

The data recorded by the payment system constitutes proof of financial transactions.

3. The characteristics of the products offered for sale are presented on the website.

The photographs do not fall within the scope of the contract.

The Company cannot be held liable if errors have occurred.

All texts and images presented on the site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited without the express written consent of the Company.

Similarly, any establishment of hypertext links to the site without the express authorization of the company’s legal representative is strictly prohibited.

ARTICLE 3 Payment and payment terms

3.1 – Prices

3.1.1.  The prices of products sold on the website www.eazybbq.com are indicated in euros, all taxes included and do not include shipping costs.

All orders, regardless of their origin, are payable in euros at the time of ordering.

The Company reserves the right to modify its prices at any time according to the evolution of market prices.

3.1.2.  To the selling price of the products sold on the website www.eazybbq.com, it is necessary to add the delivery costs to the Customer of the ordered products.

3.1.3.  Products are always invoiced on the basis of the prices in force at the time the order is placed, subject to typographical errors or changes in VAT applied to the Customer’s territory of residence, which would be immediately passed on.

The promotional rates of the site apply for the promotional period indicated on the website.

Any tax, duty, duty or other service to be paid pursuant to Spanish regulations or those of an importing or transit country shall be borne by the Customer and shall be added to the selling price.

3.2 – Payment

The payment of purchases is made by various means at the customer’s disposal:

3.2.1 By credit card or Paypal:

Credit card, Eurocard, Mastercard, Visa and Paypal are accepted.

The proposed price must be paid automatically by credit card or Paypal according to the payment procedure described during the registration process.

The Customer is solely responsible for the effective payment of the purchased product.

3.2.2.2 By bank transfer:

The Customer undertakes to pay via his bank, to the bank details provided at the time of his order, the full amount displayed, specifying if possible in transfer information the number of his order.

The shipping time starts from the actual receipt of the transfer.

Securing online payments:

Data concerning the customer’s payment card is not archived by the Company.

The secure information is sent directly and only to the banking institution mandated by the Company.

By validating the order form, the Customer guarantees that he has the necessary authorisations to use the chosen payment method.

The Company certifies that payment card details are encrypted using SSL (Secure Soket Layer) protocol, and are never transmitted in clear text over the network.

Payment is made directly to the bank.

Under no circumstances is the personal code required from the customer, only: the 16-digit credit card number, the expiry date and the 3-digit control code on the back of the card are required from the customer.

ARTICLE 4 Availability of the ordered products

 The offers of products and prices are valid as long as they are visible on the site.

In the event of unavailability of the ordered product, the Customer will be informed as soon as possible via the customer account and/or by email and will have the possibility to cancel his order if the exchange option does not suit him.

The Customer will then have the possibility to request a refund of the sums already paid within thirty (30) days of payment at the latest.

In the event of impossibility of exchange, the Company reserves the right to cancel the order and refund the sums paid.

The unavailability of the product shall not engage the Company’s liability or give rise to any claim for damages for the Customer.

ARTICLE 5: Order

The order of the products is carried out according to the process described below.

5.1 – Basket creation by the Client

The Customer adds to the basket the product(s) he wishes to purchase and then indicates the quantity he wishes for the product(s).

The Customer may at any time access his basket, including all the products he has selected, and modify its content (deletion of article(s) and/or modification of quantities per article).

5.2 – Client Identification

To place an order, the Customer must first identify himself or register on the website www.eazybbq.com.

To this end, he shall complete, in accordance with the information provided to him online, a form made available to him in which he shall include the information necessary for his identification and in particular his surname, first name, mobile and/or fixed telephone number, postal and electronic address and billing and delivery address.

The Client undertakes to provide the Company with accurate and reliable information enabling the Company to fulfil all its contractual obligations.

The Company cannot be held liable in the event that the information provided by the Client proves to be false or incomplete.

In this context or in the event of non-payment or any other irregularity in the Customer’s account, the Company reserves the right to cancel the Customer’s order and/or delete the Customer’s user account.

The identification of the Customer can be done directly after the selection of the Products or through his user account.

Opening a Client Account involves entering two identifiers: an email address and a password.

The access identifiers to a Client account are personal and must be kept confidential.

All information is presented to the Client in the language he/she has chosen.

5.3 – Placing of orders by the Client

Once the products have been selected and the identification data has been entered, the Customer then selects his payment method.

A summary of the order, including information relating to Products, prices or delivery terms, is then presented to the Customer.

An order number is also assigned to the Customer.

5.4 – Final confirmation of the order by the Company

 Once the order has been confirmed, two situations must be distinguished:

– In case of payment by Credit Card or Paypal:

The final validation of the order will take place once the bank debit authorization has been given to the Company.

A final confirmation, including all the elements relating to his order, is then sent by email to the Customer.

– In case of payment by bank transfer:

An order confirmation is sent to the Customer, by email, after the validation of his order.

However, the final validation of the latter will take place as soon as the payment has been received and verified.

If the payment is not received and validated within ten (10) days, the Company will automatically consider the order as interrupted.

Only the final validation of the order is contractually binding on the Company vis-à-vis the Client.

The data recorded by the Company constitutes proof of the nature, content and date of the order.

5.5 – Product availability:

The items are offered to the Customer within the limits of available stocks.

Thus, in the event of unavailability to supply the ordered Product, the Company undertakes to inform the Customer as soon as possible and to refund the Product (including shipping costs) within a maximum period of 30 days.

5.6 – Refusal of order:

The company reserves the right, at its sole discretion, to refuse an order.

ARTICLE 6 Method of delivery

The products are available under the conditions described when the order is placed.

The Customer must take all necessary measures to ensure optimal and secure delivery and unloading of the ordered products.

To this end, the “delivery” stage of the website www.eazybbq.com contains information that should be completed as carefully as possible because it will essentially determine the processing of the delivery.

Any error or omission in the information provided will exempt the Company or the carrier from any liability for the delivery.

In particular, given the heavy nature of some deliveries, the Customer is responsible for ensuring that carriers are accessible at the place of delivery.

Delivery will be made by the partner supplier(s) entered for all or part of the order.

 – Postal Shipment: Order of less than thirty (30) kilograms and/or whose dimensions (length + width + depth) including less than one meter fifty (1m50),

– Carrier: beyond 30 kg, orders will be shipped by courier.

Delivery can only take place once the order has been validated by the Customer and payment has been made in full.

It is necessary to be present at the time of delivery of the order to allow delivery in the best possible conditions.

Otherwise, and if delivery could not have taken place for reasons for which the Client is responsible (absence, etc.), representation costs may apply at the Client’s sole expense.

Delivery is understood to be on the property line “no door”, outdoors and without additional handling

It is specified that the unloading operation is carried out by the carrier mandated by the Company or its supplier under the direction and full responsibility of the Customer.

Consequently, this unloading is expressly stipulated at the expense and risk of the buyer (in particular in the event of damage to the package).

The contents and condition of the packages are deemed accepted by the Customer upon signing the delivery note.

In case of doubt, clear and precise reservations can be indicated in the presence of the deliverer on the delivery note before signature.

The unloading and signing of the delivery note transfers the risks associated with the product ordered to the Customer.

It is recalled that ownership of the ordered product is only transferred on the date on which the sale price is fully collected by the Company.

Any change of delivery address by the Customer once the shipment is in progress may result in additional costs for the Customer.

In addition, the Company reserves the right to refuse any order from a Customer with whom there is an ongoing dispute.

ARTICLE 7 Delivery times

The shipping times indicated on the order pages are valid subject to stock shortages or delivery delays attributable to the supplier.

Deliveries are made outside weekends and public holidays and during legal working hours.

Shipping times are subject to collection requirements depending on the payment method chosen (see article 5.4)

Despite the care taken in deliveries, the Company may not be held liable for the consequences due to a delay in delivery or loss of packages caused by a third party or by the Customer or in the event of force majeure or exceptional events (natural disaster, epidemic, strikes, etc.) delaying or prohibiting the delivery of goods.

Any cancellation of an order, for any reason whatsoever, and accepted by the Company, will entitle it to a refund of the sums paid. No compensation may be claimed for this cancellation.

ARTICLE 8. Complaints and complaints

By signing the delivery note, the Customer accepts the products delivered in the same condition as they were and therefore no claim relating to damage suffered during transport will be accepted.

It is the Customer’s responsibility to carry out all checks and make all detailed reservations upon receipt of the order in writing on the delivery note presented in the presence of the delivery person.

ARTICLE 9. Invoicing

The commercial invoice is addressed to the customer with the order of the goods.

ARTICLE 10 Warranty applicable to the Products

 10.1. Guarantee

 The products sold on the website www.eazybbq.com comply with the regulations in force in Spain.

The products are guaranteed against any manufacturing defect and material defect within the limits of the legal guarantee granted by the company and the stipulations below.

The products sold on the website www.eazybbq.com benefit from a warranty of 2 years from the date of delivery, covering the non-conformity of the products to the order and any hidden defect, resulting from a defect in material, design or manufacturing affecting the delivered products and making them unfit for use.

This warranty is limited to the replacement or refund of non-conforming or defective products.

Any guarantee is excluded in the event of misuse, non-compliance with storage conditions, negligence on the part of the Customer, as well as in the event of force majeure.

Therefore, damage resulting from failure to comply with the instructions for use of the Product specified by the website www.eazybbq.com in the Safety Data Sheets attached to each product, available on the website, is not covered.

The Supplier shall replace the products under warranty deemed defective.

Replacement of the products will not extend the duration of the above warranty.

The transfer of risks associated with the ordered products is carried out when the products are unloaded and the Customer signs the delivery note finalizing (including any remaining amounts) an order from the Customer.

Consequently, the warranty runs from the date of delivery.

 ARTICLE 11. Right of withdrawal

 Any customer known as a private individual (excluding companies, professionals and local authorities) has a period of fourteen days from the receipt of his order to cancel it without justification or compensation.

 Within this period, the customer, known as an Individual, may return the entirety of his order, at his own expense (without the possibility of reimbursement of the return costs by the Company), accompanied by the invoice and an accompanying registered letter with acknowledgement of receipt.

 Any return must be reported in advance to the Company’s sales department by e-mail to orders@eazybbq.com

 Only products in new, complete condition (instructions, accessories) and in their original packaging will be accepted.

 If the deadline expires on a Saturday, Sunday or public holiday, it is extended to the first working day following the expiry date.

The full refund of the order, including transport, thus cancelled and returned will be made by bank transfer to the attention of the person whose name appears on the invoice within fourteen (14) days after the return and control of all products by the Company.

 ARTICLE 12 – Exchange, Refund

In the event of non-conformity of the order, the Customer may return the product(s) received.

In this case, in order for the return to be accepted, the Customer must first inform the Company’s Sales Department and return the products in perfect condition, in their original condition and packaging, as soon as possible.

The product(s) must be returned, together with the purchase invoice, to the Company.

Concerning the returned product, it will be refunded or exchanged or a credit note will be issued according to the Customer’s request and the available stocks.

If a refund is required, it will be made within fourteen (14) days of receipt of the return.

ARTICLE 13. Confidential information

The Company undertakes that all information it collects concerning the Customer’s use of the e-commerce service to purchase or obtain a product that allows it to be identified shall be considered as confidential information of the Company.

Notwithstanding the foregoing, it may disclose aggregate statistics and general demographic information relating to the Customer and its activities that do not identify or refer to the products, or that do not otherwise use or refer to a brand, trade name or logo of the Company.

ARTICLE 14. Protection of privacy

The Company, publisher of the website www.eazybbq.com, respects the privacy of its users and customers and strictly complies with the laws in force on the protection of privacy and individual liberties.

The Company undertakes not to disclose to third parties any information provided by the Client. These are confidential and will only be used for transaction purposes.

Consequently, in accordance with the provisions of the Data Protection Act in force, the Client has a right of access, rectification and opposition to personal data concerning him.

The Customer has the possibility to refuse to receive promotional messages from the Company’s business partners when registering, ordering or, once registered, by modifying his personal information online.

The Company reserves the right to inform its customers by e-mail of the evolution of its own services or commercial offers.

The Client has the possibility to delete his registration.

No personal information concerning the Client will then be kept by the Company except those concerning accounting items.

The Client undertakes to use the information thus obtained only for lawful purposes, in accordance with the legislation in force, and to comply with the general conditions set out above or any other indication given in the context of these general conditions.

The Company reminds that information intended for the Client must not be disclosed to a third party.

The Customer shall be liable for any unauthorized use of this confidential information for which it was the cause.

The Company uses the information on the Client’s person that has been collected and processed as part of his registration and that is necessary for the performance of the services offered by the Company.

In the event that the legal provisions require the Client’s specific agreement for the communication of specific data, the Client may, during his registration, by clicking on the corresponding button to deactivate him, refuse to give his agreement.

The consent given by the Customer may be revoked at any time by sending an e-mail to Customer Service.

ARTICLE 15. Warranties – Limited liability

The Client uses the services of the www.eazybbq.com website at his own risk.

The Company cannot guarantee under any circumstances that the services offered will not be interrupted.

The Company’s obligation to supply is limited to an obligation of means.

The articles offered comply with the Spanish legislation in force.

The Company cannot be held liable in the event of non-compliance with the legislation of the country where the products are purchased.

In addition to the limitations or exemptions of liability provided for in these general terms and conditions of sale, the Company is not liable

– (i) losses that were not caused by a fault on his part,

– (ii) business losses (including loss of profit, profit, contracts, expected savings, data, customers or unnecessary expenses),

– (iii) any indirect or consequential loss that was not foreseeable by the parties.

The Company shall not be held liable for the delay and impossibility for the Client to comply with its obligations under these conditions if the delay or impossibility results from a cause outside the Company or from a case of force majeure.

ARTICLE 16. General provisions

These General Terms and Conditions of Sale may be modified without notice and without mandatory information.

It is the Customer’s responsibility to ensure that he or she has the latest version of these Terms and Conditions, available on the website www.eazybbq.com .

ARTICLE 17 – Applicable law, Disputes

These General Terms and Conditions of Sale are governed by Spanish law, in accordance with European directives, notwithstanding any rules relating to conflict of laws.

In the event of a dispute, the parties will prefer amicable settlement.

Any dispute relating to the interpretation or execution of this contract between the Company and a natural or legal person shall be subject to the exclusive jurisdiction of the Spanish courts.

RETRACTATION FORM

In accordance with current regulations, for any purchase of services made on the site, you have a withdrawal period of fourteen (14) days, from the conclusion of the contract, allowing you to cancel all or part of your orders.

If you wish to exercise your right of withdrawal, please complete this form and return it to us completed:

– by e-mail to orders@eazybbq.com

 – or, by mail to the following address:

 

 ONLYDETAILS SL,

 Poligono Industrial La Campana, Nave 39

 29660 Marbella (Malaga)

 Spain

I/We, __________________________________________________________ hereby notify my/our withdrawal from the contract for the sale of goods below: ____________________________________________________________________________________________________________________________________________________________________

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Order number :                ___________________________________

Ordered on :                      ___/___/________

Received on :                     ___/___/________

Your address:

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Your e-mail address:

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Date __/__/____

Signature (if this form is notified on paper)

Find all our General Terms and Conditions of Sale on www.eazybbq.com