T&C
Terms and Conditions
Index
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1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Price and terms of payment
5. Delivery and shipping conditions
6. Liability for defects
7. Applicable law and jurisdiction
8. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Feelgoods Baleares S.L. (hereinafter referred to as "the Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "the Customer") and the Seller in connection with goods or services displayed by the Seller in its online shop. The customer's own terms and conditions are hereby excluded, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, consumers or users are natural persons who are acting primarily for purposes other than their own trade, business or profession. An entrepreneur is any natural or legal person, whether private or a partnership with or without legal capacity, who, in concluding a legal transaction, acts directly or through another person in his own name or on his instructions for a purpose which is connected with his trade, business or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions presented in the Seller's web shop constitute binding offers by the Seller, which the Customer accepts by placing an order.
2.2 The customer can place orders via the online order form integrated in the Seller's web shop, thereby accepting the Seller's offer. When placing an order via the online order form and after having entered his personal data, the customer makes a legally binding acceptance of the contractual offer for the products contained in his shopping basket by clicking on the button for the completion of the order process.
2.3 The Seller shall send the Customer an order confirmation by post or e-mail within 24 hours.
2.4 Upon acceptance of an offer via the Seller's online order form, the Seller shall save the contractual text and send it to the Customer together with the relevant general terms and conditions in text form (e.g. by e-mail, fax or letter) after the Customer has placed the order. The contractual text will also be archived on the Seller's website and can be viewed by the Customer free of charge by logging into his password-protected account using his access data, provided that he has created such an account on the Seller's web shop before placing the order.
2.5 Before placing his binding order via the Seller's online form, the Customer may correct his data at any time using the usual keyboard and mouse functions. In addition, before placing his binding order, all data will be displayed once again in a confirmation window and can be corrected using the usual keyboard and mouse functions.
2.6 Order processing and contact is generally carried out by e-mail and automatic order processing. The Customer must ensure that the e-mail address provided by the Customer for order processing is correct, so that the e-mails sent by the Seller can be sent to this address. In particular, if spam filters are used, the Customer must ensure that all e-mails sent to him by the Seller himself or by a third party authorised by the Seller to process the order can be received.
2.7 If the customer acts as a consumer, the language in which the contract is concluded may only be Spanish.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Price and terms of payment
4.1 The prices indicated by the Seller are flat-rate prices and include statutory value added tax. Where additional delivery or shipping costs apply, these will be indicated separately in the relevant product description.
4.2 Various payment methods are available to the Customer via the Seller's website.
4.3 If payment in advance has been agreed, payment shall be due immediately upon conclusion of the contract.
5) Terms of delivery and dispatch
5.1 Delivery of the goods shall be effected regularly by shipment to the delivery address indicated by the customer. The delivery address indicated in the Seller's order processing shall be decisive for the processing of the transaction.
5.2 If the carrier is unable to deliver the goods sent to the Customer and must therefore return them to the Seller, the Customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer exercises his right of withdrawal, if the customer is not responsible for the circumstances that have made delivery impossible or if he is temporarily prevented from receiving the performance offered, unless the seller has announced the performance to him a reasonable time in advance.
5.3 If the customer is an entrepreneur, the risk of loss and accidental deterioration of the goods sold is borne by the customer as soon as the seller has handed over the goods to the transport company, the forwarding agent or any other person or company entrusted with the performance of the shipment.
If the customer is a consumer, the risk of loss and accidental deterioration of the goods sold is in principle not borne by the customer or the person authorised to take delivery of the goods until the time of delivery of the goods. If, on the other hand, it is the customer who has commissioned the transport company, the carrier or any other person or company commissioned to carry out the shipment and the seller has not mentioned this person or company to the customer beforehand, the risk of loss and accidental deterioration of the goods sold shall also be borne by the customer, even if he is a consumer, as soon as the seller has handed over the goods to the transport company, the carrier or any other person or company commissioned to carry out the shipment.
5.4 In the case of collection by the Customer, the Seller shall first inform the Customer by e-mail that the goods are ready for collection. After receipt of this e-mail, the Customer may collect the goods at the Seller's registered office by prior agreement with the Seller. In this case, the Customer shall not be charged any delivery costs.
6) Liability for defects
6.1 In the event that the purchased product is defective, the legal regulations on liability for defects shall apply and the legal warranty rights of the consumer in accordance with the General Law for the Protection of Consumers and Users shall be indicated.
6.2 The Customer is requested to complain about goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof.
If the Customer does not comply with this, it has no effect on his warranty claims for legal or contractual defects.
7) Applicable law and jurisdiction
7.1 All legal relations between the parties shall be governed by the laws of the Kingdom of Spain, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection afforded by the mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn.
7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose only residence and delivery address is outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
8.1 The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a one-stop shop for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase or service contracts to which a consumer is a party.
8.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer conciliation body.