Purchasing Conditions

 

The Purchasing Conditions described below (hereinafter, CCs), regulate the online store sales service for the wholesale of amusement machines and children’s attractions manufactured by FALGAS COMERCIAL, S.L., accessible via its website store.falgas.com (hereinafter, Website).

 

The CCs include the following sections:

 

1. Identification and contact details of the service provider.

2. General Purchasing Conditions and their acceptance.

3. Online store cover.

4. Products and information supplied on the Website.

5. Registration and purchasing procedure.

6. Currency and applicable taxes.

7. Shipment costs and delivery times.

8. Return of products purchased.

9. Transactions archive.

10. Language.

11. Applicable legislation and jurisdiction.

 

If you are interested in purchasing one of FALGAS COMERCIAL S.L.’s products from the online store, you will acquire the condition of customer (hereinafter, Customer). We therefore request that you carefully read the following conditions before commencing the purchasing process.

 

 

1. Identification and contact details of the service provider.

 

The CCs regulate the wholesale of products manufactured by the company, FALGAS COMERCIAL, S.L., with the following identification details:

 

Registered name: FALGAS COMERCIAL, S.L. (hereafter, FALGAS).

Registered office: Camp de l’Arn nº 1. 17486 Castelló d’Empúries - Girona, (Spain).

Spanish company tax ID: number B-17567553.

Entered in the Business Register of Girona under volume 1,311, folio 11, sheet no. GI-22247.

 

For any questions, queries or complaints, Customers may contact the FALGAS Customer Services Centre, whose contact details can be found on the Website under ‘CUSTOMER SERVICES’.

 

Customer Services hours are Monday to Friday from 8am to 1pm and 3pm to 6pm. The Centre can attend to customers in Spanish and English.

 

 

2. Purchasing Conditions and their acceptance.

 

The FALGAS online store is subject to these CCs, which are complemented by the general conditions for access and use of the Website that the Customer can consult under the Legal Notice of the aforementioned portal, prior to accessing the online store, and which are inexorably bound to these CCs and their acceptance on behalf of the Customer.

 

Should the general conditions of Website access and use contain clauses that contradict these CCs, the latter shall take precedence over the former.

 

To make a purchase on the FALGAS online store Customers must be registered or have previously registered and accepted these CCs. Likewise, before finalising the purchasing process Customers must accept the version of the CCs published by FALGAS at the time of realising the final transaction.

 

Consequently, FALGAS reserves the right to modify the commercial offer presented on the Website and its CCs (modifications to products, prices, costs, promotions and other commercial conditions). Therefore, the CCs accepted prior to finalising the purchasing process by clicking on the ‘I have read and agree to the general purchasing conditions’ will be those applied to the purchase made by the Customer.

 

The present CCs are available in Spanish and in English. With regard to any discrepancy between the interpretation and content of the CCs, the Spanish version with take precedence.

 

 

3. Online store cover.

 

Customers declare to be of legal age and to have sufficient legal capacity to be bound to these CCs and do not have the status of consumer or user in the terms established by Royal Legislative Decree 1/2007 of 16 November, adopting the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

 

Consequently, the FALGAS online store is destined, among others, to wholesalers, distributors, purchasing groups, retail outlets and shopping centres or other intermediaries of the amusement machines and children’s attractions sector.

 

The products offered on the FALGAS online store are distributed worldwide.

 

 

4. Products and information supplied on the Website.

 

The Products offered on the Website consist of a selection of products manufactured by FALGAS and commercialised under the FALGAS ® registered trade mark. It also includes parts, spare parts and second-hand products. (Hereinafter all of the products offered on the Website will be included under the term Products or individually as Product).

 

Products consisting of amusement machines or children’s attractions include the following details: Product name, reference number, stock, image of the Product, description of the Product, measurements, voltage, price (before tax).

 

Products consisting of spare parts include the following details: name of spare part, reference number, description, image, measurements, weight, stock, price (before tax).

 

FALGAS makes every effort within its power to provide the information on its Website in a truthful manner and without typographical errors, and also to show the colours of the Products as close to reality as possible. However, the colour of the Products that appear on screen may be subject to variations depending on the quality of the Customer’s computer monitor.

 

Notwithstanding, if the written information provided on the Website does not correspond to the reality of the Product, Customers reserve the right to cancel the purchase at no cost.

 

 

5. Registration and purchasing procedure.

 

A) REGISTRATION: To make a purchase on the FALGAS online store Customers must register and open a customer account. Consequently, Customers must complete the registration form which can be accessed by clicking on ‘Create your account’. Once Customers are registered, their details will be saved for future purchases.

 

Customers can modify their personal details at a later date by clicking on the ‘My account’ tab and completing the authentication process, consisting of introducing the email address and password given by the Customer on opening the account.

 

B) SELECTION: Customers can select the desired Product by clicking on the ‘Add to basket’ link.

 

After selecting the Product, Customers can indicate the number required in the tab created for this purpose under ‘Quantity’.

 

Once the selection has been completed, Customers can choose a new Product by repeating the previous steps or commence the purchasing process for the Products added to the ‘Basket’.

 

C) SHOPPING CART: The purchasing process for the selected Products added to the basket involves the following 5 steps: Summary/Login/Address/Shipment/Payment.

 

1) Summary: Once Customers have selected all of the Products they wish to purchase, they must check that the details of said Products which appear in the Basket are correct (photo, description, reference number, availability and quantity).

 

Likewise, in the same summary, the price of each Product will be shown, as well as the taxes applicable and the total price of the purchase.

 

Customers can use discounts or other advantages by introducing the corresponding discount voucher code.

 

2) Login: The order must be confirmed by clicking ‘Next’ and completing the authentication process, consisting of introducing the email address and password given by the Customer on opening the account.

 

Customers must take the necessary measures to guarantee the confidentiality of their password and must immediately notify FALGAS if they suspect that unauthorised third parties may have knowledge of it. Said notification can be made by telephone to the FALGAS Customer Services Centre. Customer responsibility will cease as of the moment said call, or notification by any other channel, is made to FALGAS.

 

Customers authorise FALGAS to cancel orders when reasonable doubt exists as to the identity of the person requesting them. In this case, the order will not be fulfilled until FALGAS has contacted the Customer.

 

In the event that a password is stolen or used by third parties, FALGAS will replace it and provide the Customer with the new password with due security guarantees, cancelling the previous one. Under no circumstances will this affect the validity of the contract, which shall remain fully in force.

 

3) Address: Once the authentication process has been completed, Customers must introduce the delivery address of the Product and also a billing address.

 

Customers can also make any relevant observations with regard to their orders.

 

Customers must then click ‘Next’ to continue with the purchasing process.

 

4) Shipment: Once the delivery address for the Product has been provided, the system will provide the Customer with the information relating to shipment expenses and the maximum delivery date.

 

Customers will be able to request, at no extra charge, that the Product be gift wrapped by clicking on ‘I would like my order to be gift wrapped’.

 

To continue the purchasing process for the Product, Customers must accept the CCs, clicking on ‘I have read and agree to the general purchasing conditions’, followed by ‘Next’.

 

5) Payment: Before completing the purchasing process, Customers must indicate the preferred payment method.

 

For payments by credit or debit card (Visa, Maestro or MasterCard) the amount will be charged in real time through the BANKINTER payment gateway once the authenticity of the data provided has been verified.

 

The payment gateway used provides maximum security and payment data are encrypted (SSL) and transmitted directly to the corresponding bank.

 

For payment by transfer, all of the fees incurred by said transaction will be charged to the Customer. In order to make the payment using this method, the following Bankinter account number under the name of FALGAS COMERCIAL, S.L. must be used:

 

Account number: 0128-0554-41-0500003337

IBAN: ES7301280554410500003337

 

Customers must specify the order number, name or trade name. Payment must be made within 5 working days of the order date.

 

For payments made by bank transfer, only the proof of payment from the FALGAS account will serve as a letter of payment, not the transfer order. Consequently, the order will not be considered accepted until receipt of payment has been effectively verified. If FALGAS has not received the corresponding amount within the period indicated, the order will be cancelled.

 

Finally, the order must be confirmed by clicking on ‘Confirm order’.

 

E) CONFIRMATION: Once the payment method has been selected and the purchasing process completed, Customers will receive an email confirming receipt of their order and a summary of the purchasing details.

 

 

6. Currency and applicable taxes.

 

Prices quoted on the FALGAS online store are shown in euros.

 

Prices do not include VAT or any other tax.

 

The Website provides Customers will all of the information regarding prices, taxes and other costs before finalising the purchasing process for the Products.

 

Customers will assume all of the entry costs and taxes to their community or territory for the Product.

 

 

7. Shipment costs and delivery times.

 

Shipment costs for Products purchased on the online store will be charged to the Customer.

 

Information regarding shipment costs and the maximum delivery date will be provided to the Customer before finalising the purchasing process for the Products.

 

Following confirmation of payment, the estimated delivery time of the Product is within 1 or 2 working days. Orders will be shipped using the transport company, SEUR.

 

Orders will be sent during working hours. Therefore, and to avoid any delivery incidents, Customers must provide an address to which the order can be delivered during working hours, together with a contact telephone number in the observations field.

 

FALGAS will not deliver to PO boxes.

 

If as a result of force majeure the order cannot be delivered, the total cost of the purchase will be refunded.

 

The FALGAS online store will not be held responsible for delays as a result of force majeure, such as the interruption of activities, the complete or partial strike by postal services and means of transport and communications, flooding and other natural disasters.

 

 

8. Return of products purchased.

 

If, for any reason, Customers are not satisfied with the Product purchased, they may be returned within 7 working days from date of delivery.

 

The days to be considered as working days shall be established according to the local laws of the place to where the Product has been delivered.

 

In order to exercise the right to return Products it is essential that they have not been used.

 

To return Products, Customers must complete the RETURNS FORM which can be found on the following link: Form

 

Once the RETURNS FORM has been completed Customers must send it together with the invoice to the following address:

 

FALGAS COMERCIAL, S.L.,

Camp de l’Arn nº 1

17486 Castelló d’Empúries - Girona

Spain

 

Or by e-mail to: info@falgas.com. Or by fax: +34972454604

 

FALGAS will refund the total amount of the Products purchased by bank transfer to the Customer’s bank account number provided on the RETURNS FORM, or to the credit card number used for the purchase.

 

Customers will be responsible for expenses resulting from the return of Products, such as bank charges for the refund of the price of the Product and shipment expenses. Collect on delivery returns will not be accepted.

 

However, if the return of the Product is due to a defect or fault of the same, the amount corresponding to shipment expenses will be refunded to the Customer by FALGAS together with the cost of the Product.

 

For more information regarding the return of Products, Customers can contact the FALGAS Customer Services Centre (T: +34 972 454 483 F: +34 972 454 604 or email: info@falgas.com)

 

 

9. Transactions archive.

 

Transactions made between FALGAS and the Customer will be kept on file by the former.

 

Customers may monitor the orders made during the previous 12 months by clicking on ‘Order history and details’, which can be found in the user’s account.

 

 

10. Language.

 

Customers may obtain a copy of the CCs in Spanish and English. Notwithstanding, any discrepancy between the interpretation and content of the CCs, the Spanish version with take precedence.

 

 

11. Applicable law and jurisdiction.

 

These CCs are subject to and must be interpreted in compliance with Spanish Law.

 

Any conflict deriving from these CCs will be submitted to the Courts of the city of Girona (Spain), with express waiver of the parties of their jurisdiction were it different to that established.