Terms of Sale - Returns

WEBSITE OWNERSHIP

Responsible Party:	Disfruta tu baño 3000, s.l.
Trade Name:	Disfruta tu baño 3000, s.l.
Tax ID:	Tax ID/ID No. B12969309
Address:	C/ Azahar, No. 1, Serena Mar Residential Complex, Building 1, Unit 1, 12570, Alcalá de Xivert (Castellón), Spain
Contact:	Phone:  - Email: info@banototal.com
Commercial Registry or Administrative Authorization:	Castellón Commercial Registry T 10230, L 7512, F 119, S 8, H V 174445
Business Activity:	Sale of bathroom products

 

GENERAL TERMS AND CONDITIONS OF USE AND ONLINE SALE

1.- Introduction

This document (together with all documents referred to herein) sets forth the terms and conditions governing the use of this website https://banototal.com and the purchase of products on it (hereinafter, the “Terms”). Please read these Terms, our Cookie Policy, and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies; therefore, if you do not agree to all of the Terms and the Data Protection Policies, you must not use this website.

 If you have any questions regarding the Terms or the Data Protection Policies, you can contact us at info@banototal.com, or by calling .

 

2. Our Information

The sale of items through this website is conducted by  Disfruta tu baño 3000, s.l., located at C/ Azahar, No. 1, Urbanización Serena Mar, Bl. 1, Esc. 1, 12570, Alcalá de Xivert (Castellón), Spain, with phone number and email address info@banototal.com

 

3.- Your Information and Your Visits to This Website

Any personal information or data you provide to us will be processed in accordance with our Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all information or data you provide to us is accurate and truthful.

 

4.- Use of Our Website

By using this website and placing orders through it, you agree to:

Use this website solely to make legally valid inquiries or orders.

1. Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we are authorized to cancel it and report it to the relevant authorities.
2. To provide us with your email address, mailing address, and/or other contact information truthfully and accurately. You also consent to our use of this information to contact you if necessary (see our Privacy Policy).
3. If you do not provide us with all the information we need, we will not be able to process your order.
4. By placing an order through this website, you represent that you are at least 18 years of age and have the legal capacity to enter into contracts.

 

5.- Service Availability

The items offered through this website are available for shipment only within Spain.

 

6.- How to Place an Order

To place an order, you must follow the online checkout process and click “Authorize Payment.” Afterward, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also notify you via email that the product is being shipped (the “Shipping Confirmation”).

If you notice an error in your order after completing the payment process, you must immediately contact our customer service department at the phone number or email address listed above to correct the error.

 

7.- Technical Means for Correcting Errors in Personal Data

If you notice that an error occurred when entering your personal data during your registration as a user of this website, you may modify it in the “My Account” section.

In any case, you may correct errors related to the personal data provided during the purchase process by contacting the email address mentioned above, as well as exercise your right to rectification as set forth in our Privacy Policy via the aforementioned email address. This website displays confirmation windows at various stages of the purchase process that do not allow you to proceed with the order if the information in these sections has not been provided correctly. Likewise, this website displays details of all items you have added to your shopping cart during the purchase process, so that you can modify your order details before completing payment. If you notice an error in your order after completing the payment process, you must immediately contact our customer service department via the phone number or email address listed above to correct the error. 

 

8. Product Availability

All orders are subject to product availability. If there are any issues with product supply or if items are out of stock, we will refund any amount you may have paid.

 

9.- Delivery

Unless there are circumstances related to the customization of products, or unforeseen or extraordinary circumstances arise, we will ship your order consisting of the product(s) listed in each Shipping Confirmation within the timeframe indicated on the website based on the selected shipping method and, in any case, within a maximum of 30 days from the date of the Order Confirmation.

 Please note, however, that we do not make home deliveries on Saturdays or Sundays.

 For the purposes of these Terms and Conditions, “delivery” shall be deemed to have occurred, or the order shall be deemed to have been “delivered,” at the moment you or a third party designated by you takes physical possession of the products, which will be evidenced by the signature confirming receipt of the order at the agreed-upon delivery address.

 

10. Failure to Deliver

If we are unable to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is located and how to have it reshipped to you. If you will not be at the delivery location at the agreed-upon time, please contact us to arrange delivery on another day.

If, 15 days after your order is ready for delivery, it has not been delivered for reasons not attributable to us, we will assume that you wish to withdraw from the contract and will consider it terminated. As a result of the termination of the contract, we will refund all payments received from you, including delivery charges (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), without undue delay and, in any case, no later than 14 days from the date on which we consider the contract to have been terminated. Please note that shipping costs resulting from the termination may incur an additional charge, in which case we are authorized to pass on the corresponding costs to you.

 

11. Price and Payment

The prices on the website include VAT but exclude shipping costs, which will be added to the total amount.

Prices are subject to change at any time, but (except as provided above) any changes will not affect orders for which we have already sent you an Order Confirmation.

 

12.- Value-Added Tax and Invoicing

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value-Added Tax, the delivery of items shall be deemed to take place within the territory subject to Spanish VAT if the delivery address is located in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in effect at any given time, depending on the specific item in question.

For orders shipped to the Canary Islands, Ceuta, and Melilla, deliveries are exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice electronically, although you may indicate at any time that you wish to receive a paper invoice, in which case we will issue and send the invoice in that format.

 

13.- Return Policy

 Right of Withdrawal

If you are entering into this contract as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without providing any reason.

The withdrawal period will expire 14 calendar days from the day you or a third party designated by you, other than the carrier, takes physical possession of the goods; or, if the goods comprising your order are delivered separately, 14 calendar days from the day you or a third party designated by you, other than the carrier, takes physical possession of the last of those goods.

To exercise your right of withdrawal, you must notify Disfruta tu baño 3000, s.l., at the address: C/ Azahar, No. 1, Urbanización Serena Mar, Bl. 1, Esc. 12570, Alcalá de Xivert (Castellón), Spain, by phone, or by emailing us at info@banototal.com, stating your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or email). To meet the withdrawal deadline, it is sufficient for you to send the notice regarding your exercise of this right before the applicable deadline expires. You may also download this form from our website:

 

If the customer wishes to exercise their right of withdrawal and return a product that has already been shipped, the shipping costs associated with the return will be borne entirely by the customer.
Since the products sold by Baño Total are bulky and heavy,& nbsp;logistics costs may be high. These costs will be borne by the customer whether the product has already been delivered or the order has left our warehouse but has not yet reached its destination, since the logistics service is considered to have begun.
The cost of return shipping may vary depending on the type of product, its volume, and the customer’s geographic location, so you will be informed of the estimated cost in advance before we arrange for pickup.
This amount will be deducted directly from the corresponding refund, which will be issued via the same payment method used for the purchase.
To facilitate the process and ensure proper tracking, we recommend coordinating any returns through our customer service team.

 

Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from receipt of the goods. We will issue this refund using the same payment method you used for the initial transaction, unless you instruct us otherwise—provided we agree to it—and provided that we do not incur any additional costs as a result of the alternative refund method.  You will be responsible for the cost of returning the merchandise in its original packaging; we can provide you with a quote from our shipping carriers or one of your choice.

 

14. Returns of Defective Products

If you believe that, at the time of delivery, the product does not comply with the terms of the contract, you must contact us immediately through our contact channels, providing details of the product and the damage it has sustained, or by calling the number provided, where we will instruct you on how to proceed.

We will carefully inspect the returned product and notify you by email within a reasonable time frame whether a refund or replacement (if applicable) is warranted. The refund or replacement of the item will be processed as soon as possible and, in any case, within 14 days of the date we send you an email confirming that a refund or replacement of the non-compliant item is warranted.

In all cases, the rights recognized by current legislation remain unaffected.

 

15.- Warranties

If you are purchasing as a consumer and user, we offer warranties on the products we sell through this website, under the terms established by law for each type of product, and we are therefore liable for any lack of conformity that becomes apparent within two years of the product’s delivery.

The products are deemed to be in conformity with the contract provided that:

1. .- They conform to the description provided by us and possess the qualities we have presented on this website
2. .- They are suitable for the uses for which products of the same type are ordinarily intended.

 

16.- Liability and Exemption from Liability

Unless expressly provided otherwise in these Terms and Conditions, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.

However, unless otherwise required by law, we shall not accept any liability for the following losses, regardless of their cause:

1. loss of revenue or sales:
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of anticipated savings;
5. loss of data; and
6. loss of management time or office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise on the website itself.

 

17. Industrial and Intellectual Property

You acknowledge and agree that all copyrights, trademarks, and other industrial and intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who have granted us a license to use them. You may use such material only in the manner expressly authorized by us or by those who have granted us a license to use it. This does not prevent you from using this website to the extent necessary to copy information regarding your order or contact details.

 

18.- Links from Our Website

If our website contains links to other websites and third-party materials, such links are provided solely for informational purposes, and we have no control over the content of those websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

 

19.- Written Communications

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information, and other communications we send you electronically satisfy the legal requirement to be in writing. This provision shall not affect your rights under the law.

 

20.- Notifications

Any notifications you send us must be sent via our email address info@banototal.com. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send you communications either via email or to the mailing address you provided when placing an order.

 

Notifications shall be deemed to have been received and properly served at the moment they are posted on our website, 24 hours after an email is sent, or three days after the postmark date of any letter. To prove that a notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered to the post office or a mailbox; and, in the case of an email, that it was sent to the email address specified by the recipient.

21.- Assignment of Rights and Obligations

The contract is binding on both you and us, as well as on our respective successors, assignees, and heirs. You may not assign, transfer, encumber, or otherwise transfer a contract or any of the rights or obligations arising therefrom without our prior written consent. We may assign, transfer, encumber, subcontract, or otherwise transfer this contract or any of the rights or obligations arising therefrom at any time during its term. For the avoidance of doubt, such assignments, transfers, encumbrances, or other transfers shall not affect any rights you, as a consumer, may have under applicable law, nor shall they nullify, reduce, or otherwise limit any warranties, whether express or implied, that we may have provided to you.

 

22.- Events Beyond Our Control

We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when such failure or delay is due to events beyond our reasonable control (“Force Majeure”).

Force Majeure events shall include any act, event, failure to act, omission, or accident beyond our reasonable control, including, but not limited to, the following:

1. Strikes, lockouts, or other labor actions.
2. Civil unrest, riots, invasion, terrorist threats or attacks, war (whether declared or not), or threats of or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, or any other natural disaster.
4. Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation, whether public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations, or restrictions imposed by any government or public authority.
7. Pandemics and epidemics.

It is understood that obligations shall be suspended for the duration of the Force Majeure Event, and we shall be granted an extension of the deadline to fulfill such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

 

23.- Waiver

Our failure to require strict compliance on your part with any of the obligations you have assumed under a contract or these Terms, or our failure to exercise the rights or remedies to which we may be entitled under such contract or these Terms, shall not constitute a waiver or limitation of such rights or remedies, nor shall it relieve you of your obligation to comply with such obligations.

No waiver by us of a specific right or remedy shall constitute a waiver of any other rights or remedies arising from a contract or these Terms and Conditions. No waiver by us of any of these Terms or of the rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the “Notifications” section above.

 

24.- Partial Invalidity

If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of invalidity.

 

25.- Entire Agreement

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and us regarding the subject matter hereof and supersede any prior agreement, understanding, or promise made between you and us, whether oral or written.

You and we acknowledge that we have entered into this contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing during the negotiations between us prior to the contract, except as expressly set forth in these Terms and Conditions.

 Neither you nor we shall have any remedy against any misleading statement made by the other party, whether oral or written, prior to the date of a contract (unless such misleading statement was made fraudulently), and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Terms and Conditions.

 

26. Our Right to Modify These Terms and Conditions

We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made to them. Any amendments made will not be retroactive and, subject to possible exceptions depending on the specific case, will take effect 30 days after the date of their publication in the corresponding notice.

If you do not agree with the amendments made, we recommend that you refrain from using our website.

 

27. Applicable Law and Jurisdiction

In the event of a dispute or conflict regarding the interpretation of the terms set forth in this Legal Notice, as well as any matter related to the services offered on this Website, Spanish law shall apply.

For the resolution of any dispute that may arise in connection with a visit to the website or the use of the services offered therein, the website owner and the User agree to submit to the courts and tribunals of the User’s place of residence, provided that the User is located in Spanish territory and is acting as a consumer. Otherwise, the matter shall be submitted to the courts and tribunals of the city of Castellón, Spain. You may also use the European out-of-court platform for online dispute resolution   https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES