Terms of service
THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to: Make use of this Website only to make inquiries and legally valid purchases or acquisitions. Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed. To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The User may formalize, at his/her choice, with Ramos Boqueria the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.
PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.ramosboqueria.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: \"Buy" Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Subsequently, the User will receive an e-mail confirming that Ramos Boqueria has received his/her order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, he/she will also be informed by e-mail when the purchase is being sent. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Ramos Boqueria using the contact spaces on the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, as the case may be, image of the same on its page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders and payments that intervene during the transactions carried out on the Web Site could be filed and kept in the computerized records of Ramos Boqueria in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this respect are applicable, and particularly in compliance 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 such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
AVAILABILITY
All purchase orders received by Ramos Boqueria through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Ramos Boqueria undertakes to contact the User and reimburse any amount that may have been paid as payment. This shall also apply in cases in which the provision of a service becomes unfeasible.
PRICING AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. Shipping costs are included in the final prices of the products as shown on the Web Site. Thus, Ramos Boqueria performs delivery and/or shipping services through: Postal Services. In no case shall 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 has already received an order confirmation. The accepted means of payment will be: Credit or debit card .Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by Ramos Boqueria and/or Margarita Ramos Navarro. Ramos Boqueria uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, Ramos Boqueria will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. Once Ramos Boqueria receives the purchase order from the User through the Web Site, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the moment when the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, if applicable, place established. If the means of payment is a gift card or credit card, the charge will be made at the time Ramos Boqueria sends a confirmation of the purchase order or purchase of products and/or services to the User. In any case, by clicking on "Buy", the User confirms that the payment method used is his/her own, or that, if applicable, he/she is the legitimate holder of the gift card or credit card.
REFUNDS
In cases where the User acquires products on or through the Website of the owner, he/she has a number of rights, as listed and described below: Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without justification. This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Ramos Boqueria Web Site or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the latter, 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, 14 calendar days from the day of the conclusion of the contract. In order to exercise this right of withdrawal, the User must notify Ramos Boqueria of his decision. He/she may do so, if applicable, through the contact spaces provided on the Web Site. The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Ramos Boqueria makes available as an annexed part of these Conditions; however, its use is not obligatory. In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires. In the event of withdrawal, Ramos Boqueria will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Ramos Boqueria is informed of the User's decision to withdraw. Ramos Boqueria will reimburse the User using the same payment method the User used to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Ramos Boqueria may withhold such reimbursement until it has received the products or items of the purchase, or until the User presents proof of their return, depending on which condition is met first. The User may return or send the products to Ramos Boqueria at: Ramblas 91, Boqueria Market, Stops: 233.234.235.270.271.272 080018 Barcelona, Spain And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Ramos Boqueria was informed of the withdrawal decision. The User acknowledges knowing that he/she shall bear the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he/she will be responsible for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery. The same applies to the provision of a service that the User may contract on this Web Site, since this same Law establishes that the right of withdrawal shall not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on his part that he is aware that, once the contract has been completely executed by Ramos Boqueria, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice. In the following link you can download the Model Withdrawal Form: Return of defective products or error in shipment This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore should contact Ramos Boqueria immediately and let it know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, it will always be the rights recognized in the legislation in force at any time for the User, as a consumer and user. Warranties The User, as a consumer and user, enjoys warranties on the products that he/she may acquire through this Web Site, in the terms legally established for each type of product, and Ramos Boqueria shall be liable, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Ramos Boqueria and possess the qualities presented therein; they are apt for the uses to which products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Ramos Boqueria will not accept any liability for the following losses, regardless of their origin: any losses that were not attributable to any breach on its part; business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of products between the two parties was formalized. Likewise, Ramos Boqueria also limits its liability in the following cases: Ramos Boqueria applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature. Ramos Boqueria shall act with the maximum diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, Ramos Boqueria shall not be liable for damages resulting from transport malfunctions, especially due to causes such as strikes, road delays, and in general any other causes typical of the sector, which result in delays, losses or thefts of the product. Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site due to maintenance or other reasons that prevent the availability of the service. Ramos Boqueria puts all the means at its disposal to carry out the purchase process, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure. Ramos Boqueria shall not be responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Ramos Boqueria will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. In general, Ramos Boqueria will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to: Strikes, lockouts or other protest measures. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, 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 Ramos Boqueria will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Ramos Boqueria will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most communications with Ramos Boqueria will be electronic (e-mail or notices published on the Web Site). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Ramos Boqueria comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and/or communicate with Ramos Boqueria through the contact information provided in these Conditions and, if applicable, through the contact spaces on the Web Site. Likewise, unless otherwise stipulated, Ramos Boqueria may contact and/or notify the User by e-mail or at the postal address provided.
DISCLAIMER
No waiver by Ramos Boqueria of a specific legal right or action or the lack of requirement by Ramos Boqueria of strict compliance by the User with any of his or her obligations shall imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with his or her obligations. No waiver by Ramos Boqueria of any of the present Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
NULLITY
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
COMPLETE AGREEMENT
The present Conditions and any document expressly referred to in these constitute the complete agreement existing between the User and Ramos Boqueria in relation to the object of purchase and sale and substitute any other previous pact, agreement or promise agreed verbally or in writing by the same parties. The User and Ramos Boqueria acknowledge having consented to enter into a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
DATA PROTECTION
The personal information or data provided by the User to Ramos Boqueria in the course of a transaction on the Web Site shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site, the User consents to the treatment of said information and data and declares that all the information or data provided are truthful.
APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Web Site, or to the interpretation and execution of these Conditions, or to the sales contracts between Ramos Boqueria and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
Users may send Ramos Boqueria their complaints, claims or any other comments they may wish to make through the contact information provided at the beginning of these Conditions (General Information). In addition, Ramos Boqueria has official complaint forms available to consumers and users, which they may request from Ramos Boqueria at any time, using the contact information provided at the beginning of these Conditions (General Information). Likewise, should a dispute arise from the conclusion of this purchase contract between Ramos Boqueria and the User, 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 consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to: Make use of this Website only to make inquiries and legally valid purchases or acquisitions. Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed. To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The User may formalize, at his/her choice, with Ramos Boqueria the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.
PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.ramosboqueria.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: \"Buy" Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Subsequently, the User will receive an e-mail confirming that Ramos Boqueria has received his/her order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, he/she will also be informed by e-mail when the purchase is being sent. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Ramos Boqueria using the contact spaces on the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, as the case may be, image of the same on its page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders and payments that intervene during the transactions carried out on the Web Site could be filed and kept in the computerized records of Ramos Boqueria in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this respect are applicable, and particularly in compliance 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 such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
AVAILABILITY
All purchase orders received by Ramos Boqueria through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Ramos Boqueria undertakes to contact the User and reimburse any amount that may have been paid as payment. This shall also apply in cases in which the provision of a service becomes unfeasible.
PRICING AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. Shipping costs are included in the final prices of the products as shown on the Web Site. Thus, Ramos Boqueria performs delivery and/or shipping services through: Postal Services. In no case shall 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 has already received an order confirmation. The accepted means of payment will be: Credit or debit card .Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by Ramos Boqueria and/or Margarita Ramos Navarro. Ramos Boqueria uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, Ramos Boqueria will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. Once Ramos Boqueria receives the purchase order from the User through the Web Site, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the moment when the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, if applicable, place established. If the means of payment is a gift card or credit card, the charge will be made at the time Ramos Boqueria sends a confirmation of the purchase order or purchase of products and/or services to the User. In any case, by clicking on "Buy", the User confirms that the payment method used is his/her own, or that, if applicable, he/she is the legitimate holder of the gift card or credit card.
REFUNDS
In cases where the User acquires products on or through the Website of the owner, he/she has a number of rights, as listed and described below: Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without justification. This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Ramos Boqueria Web Site or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the latter, 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, 14 calendar days from the day of the conclusion of the contract. In order to exercise this right of withdrawal, the User must notify Ramos Boqueria of his decision. He/she may do so, if applicable, through the contact spaces provided on the Web Site. The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Ramos Boqueria makes available as an annexed part of these Conditions; however, its use is not obligatory. In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires. In the event of withdrawal, Ramos Boqueria will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Ramos Boqueria is informed of the User's decision to withdraw. Ramos Boqueria will reimburse the User using the same payment method the User used to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Ramos Boqueria may withhold such reimbursement until it has received the products or items of the purchase, or until the User presents proof of their return, depending on which condition is met first. The User may return or send the products to Ramos Boqueria at: Ramblas 91, Boqueria Market, Stops: 233.234.235.270.271.272 080018 Barcelona, Spain And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Ramos Boqueria was informed of the withdrawal decision. The User acknowledges knowing that he/she shall bear the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he/she will be responsible for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery. The same applies to the provision of a service that the User may contract on this Web Site, since this same Law establishes that the right of withdrawal shall not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on his part that he is aware that, once the contract has been completely executed by Ramos Boqueria, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice. In the following link you can download the Model Withdrawal Form: Return of defective products or error in shipment This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore should contact Ramos Boqueria immediately and let it know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, it will always be the rights recognized in the legislation in force at any time for the User, as a consumer and user. Warranties The User, as a consumer and user, enjoys warranties on the products that he/she may acquire through this Web Site, in the terms legally established for each type of product, and Ramos Boqueria shall be liable, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Ramos Boqueria and possess the qualities presented therein; they are apt for the uses to which products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Ramos Boqueria will not accept any liability for the following losses, regardless of their origin: any losses that were not attributable to any breach on its part; business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of products between the two parties was formalized. Likewise, Ramos Boqueria also limits its liability in the following cases: Ramos Boqueria applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature. Ramos Boqueria shall act with the maximum diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, Ramos Boqueria shall not be liable for damages resulting from transport malfunctions, especially due to causes such as strikes, road delays, and in general any other causes typical of the sector, which result in delays, losses or thefts of the product. Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site due to maintenance or other reasons that prevent the availability of the service. Ramos Boqueria puts all the means at its disposal to carry out the purchase process, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure. Ramos Boqueria shall not be responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Ramos Boqueria will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. In general, Ramos Boqueria will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to: Strikes, lockouts or other protest measures. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, 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 Ramos Boqueria will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Ramos Boqueria will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most communications with Ramos Boqueria will be electronic (e-mail or notices published on the Web Site). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Ramos Boqueria comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and/or communicate with Ramos Boqueria through the contact information provided in these Conditions and, if applicable, through the contact spaces on the Web Site. Likewise, unless otherwise stipulated, Ramos Boqueria may contact and/or notify the User by e-mail or at the postal address provided.
DISCLAIMER
No waiver by Ramos Boqueria of a specific legal right or action or the lack of requirement by Ramos Boqueria of strict compliance by the User with any of his or her obligations shall imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with his or her obligations. No waiver by Ramos Boqueria of any of the present Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
NULLITY
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
COMPLETE AGREEMENT
The present Conditions and any document expressly referred to in these constitute the complete agreement existing between the User and Ramos Boqueria in relation to the object of purchase and sale and substitute any other previous pact, agreement or promise agreed verbally or in writing by the same parties. The User and Ramos Boqueria acknowledge having consented to enter into a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
DATA PROTECTION
The personal information or data provided by the User to Ramos Boqueria in the course of a transaction on the Web Site shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site, the User consents to the treatment of said information and data and declares that all the information or data provided are truthful.
APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Web Site, or to the interpretation and execution of these Conditions, or to the sales contracts between Ramos Boqueria and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
Users may send Ramos Boqueria their complaints, claims or any other comments they may wish to make through the contact information provided at the beginning of these Conditions (General Information). In addition, Ramos Boqueria has official complaint forms available to consumers and users, which they may request from Ramos Boqueria at any time, using the contact information provided at the beginning of these Conditions (General Information). Likewise, should a dispute arise from the conclusion of this purchase contract between Ramos Boqueria and the User, 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 consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
