GENERAL TERMS AND CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website, www.sheltergarage.com (hereinafter, the Website), belongs to: Shelter Garage S.L., holder of Tax ID (CIF): B88052998 and registered in: Madrid; with the following registration details: registration no. 1, volume 37486, folio 40, section, sheet 668189, and whose contact details are as follows:

Address:
Avda. Somosierra, 12 28703 S.S. de los Reyes
Contact telephone: 918615671
Contact email: info@sheltergarage.com

This document (as well as any other documents referred to herein) governs the conditions governing the use of this Website (www.sheltergarage.com) and the purchase or acquisition of products and/or services on it (hereinafter, the Conditions).

For the purposes of these Conditions, it shall be understood that the activity carried out by Shelter Garage S.L. through the Website includes:

Service information and contact

In addition to reading these Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including the cookie policy and the privacy and data protection policy of Shelter Garage S.L. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above. Therefore, if the User does not agree with all of the foregoing, they must not use this Website.

Likewise, the User is informed that these Conditions may be amended. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time the acquisition of products and/or services is requested shall apply.

For any questions the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, where applicable, by using the contact form.

2. THE USER

Accessing, browsing and using the Website confers the status of user (hereinafter referred to, individually as User or collectively as Users), and therefore all the Conditions set forth herein, as well as any subsequent amendments, are accepted from the moment browsing of the Website begins, without prejudice to the application of the corresponding mandatory legal regulations as applicable in each case.

The User assumes responsibility for proper use of the Website. This responsibility shall extend to:

Using this Website only to make legally valid enquiries and purchases or acquisitions.
Not making any false or fraudulent purchase. If a purchase of this kind could reasonably be considered to have been made, it may be cancelled and the relevant authorities would be informed.
Providing truthful and lawful contact details, for example, email address, postal address and/or other information (see Legal Notice and General Terms and Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. Shelter Garage S.L. does not guarantee that the Website complies with the laws of other countries, either wholly or partially. Shelter Garage S.L. disclaims all liability that may arise from such access, and likewise does not guarantee shipping or the provision of services outside Spain.

The User may formalize, at their choice, with Shelter Garage S.L., the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Properly registered 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 Shelter Garage S.L., during which various products and/or services may be selected and added to the cart, basket or final purchase area and, finally, click on “Buy”.

Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making payment, the purchase details may be modified.

Next, the User will receive an email confirming that Shelter Garage S.L. has received their order or purchase and/or service request, that is, the order confirmation. Where applicable, the User will also be informed by email when their purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal connection area on the Website.

Once the purchase procedure has been completed, the User agrees that the Website shall generate an electronic invoice that will be sent to the User by email and, where applicable, through their personal connection area on the Website. Likewise, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Shelter Garage S.L. using the contact areas of the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the relevant product and/or service, which are shown together with the presentation or, where applicable, image thereof on its page on the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the way in which the services will be carried out and/or the cost of the services; and acknowledges that placing the purchase or acquisition order constitutes full and complete acceptance of the specific conditions of sale applicable in each case.

In addition, the User may consult in detail the Specific Conditions of Sale governing this Website at the following link: www.sheltergarage.com

The communications, purchase orders and payments involved during the transactions carried out on the Website may be archived and kept in the computerized records of Shelter Garage S.L. in order to constitute evidence of the transactions, in all cases respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance 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 on the free movement of such data (GDPR), and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Shelter Garage S.L. through the Website are subject to the availability of the products and/or to no circumstance or force majeure event (clause nine of these Conditions) affecting the supply thereof and/or the provision of the services. If difficulties arise regarding the supply of products or if products are out of stock, Shelter Garage S.L. undertakes to contact the User and refund any amount that may have been paid as the price. This shall likewise apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes, unless, due to a legal requirement, especially in relation to VAT, a different matter is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Shelter Garage S.L. provides delivery and/or shipping services through: Correos and DHL.

Under no circumstances shall the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any possible changes shall not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods shall 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 voucher issued by Shelter Garage S.L.

Shelter Garage S.L. 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 SSL (Secure Socket Layer) payment system.

Credit cards shall be subject to checks and authorizations by the issuing bank. If such entity does not authorize payment, Shelter Garage S.L. shall not be responsible for any delay or non-delivery and shall not be able to formalize any contract with the User.

Once Shelter Garage S.L. receives the purchase order from the User through the Website, a pre-authorization will be made on the relevant card to ensure that sufficient funds exist to complete the transaction. The charge to the card will be made at the time the shipping confirmation and/or confirmation of the service to be provided, in the manner and, where appropriate, place established, is sent to the User.

If the payment method is a gift card or credit voucher, the charge will be made at the moment Shelter Garage S.L. sends confirmation of the order for the purchase or acquisition of products and/or services to the User.

In any case, by clicking on “Buy”, the User confirms that the payment method used is theirs, or that, where appropriate, they are the legitimate holder of the gift card or credit voucher.

6. DELIVERY

In cases where physical delivery of the contracted goods is applicable, deliveries shall be made within the following territory: Spain (Mainland and Balearic Islands).

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation shall be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, for any reason attributable to it, Shelter Garage S.L. is unable to meet the delivery date, it shall contact the User to inform them of this circumstance, and the User may choose either to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any event, home deliveries are made on working days.

If delivery of the order proves impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to arrange for it to be delivered again.

If the User is not going to be at the delivery location during the agreed time slot, they must contact Shelter Garage S.L. in order to arrange delivery on another day.

If 30 days pass from the date on which the order is available for delivery and it has not been delivered for reasons not attributable to Shelter Garage S.L., Shelter Garage S.L. shall understand that the User wishes to withdraw from the contract and it shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded, except for any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered on the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.

However, the User must bear in mind that the transport resulting from the termination may involve an additional cost that may be charged to them.

For the purposes of these Conditions, delivery shall be deemed to have occurred or the order shall be deemed to have been delivered when the User or a third party indicated by the User acquires physical possession of the products, which shall be evidenced by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Shelter Garage S.L. receives full payment of all sums due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount to be paid by Shelter Garage S.L.

In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located within the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time depending on the specific item concerned.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is hereby informed that if they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may modify such data by contacting Shelter Garage S.L. through the contact spaces enabled on the Website and, where appropriate, through those enabled to contact customer service, and/or by using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal connection area on the Website.

In any case, before clicking on “Buy”, the User has access to the area, cart, or basket where their purchase requests are recorded and may make changes.

Likewise, the User is referred to consult the Legal Notice and General Terms and Conditions of Use and, specifically, the Privacy Policy in order to obtain more information on how to exercise their right to rectification as established in 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 on the free movement of such data (GDPR).

8. RETURNS

In cases where the User acquires products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from said purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Shelter Garage S.L. Website, or, in the event that the goods making up the order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods making up the same purchase order, or, in the case of a service contract, 14 calendar days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify Shelter Garage S.L. of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website or via:

info@sheltergarage.com

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Shelter Garage S.L. makes available to them as an annex to these Conditions; however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the relevant deadline expires.

In the event of withdrawal, Shelter Garage S.L. shall reimburse the User for all payments received, including delivery costs (with the exception of any additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Shelter Garage S.L. is informed of the User’s decision to withdraw.

Shelter Garage S.L. shall reimburse the User using the same payment method that the User used for the initial purchase transaction. This reimbursement shall not generate any additional cost for the User. However, Shelter Garage S.L. may withhold such reimbursement until it has received the products or items purchased, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to Shelter Garage S.L. at:

Avda. Somosierra, 12, G11 28703 S.S. de los Reyes

And they must do so without undue delay and, in any event, no later than within 14 calendar days from the date on which Shelter Garage S.L. was informed of the withdrawal decision.

The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. In addition, they shall be responsible for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated 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 for: customized products; products liable to deteriorate or expire rapidly; music or video CDs/DVDs without their wrapping, as sealed at the factory; and products which are sealed for reasons of hygiene or health and have been unsealed after delivery.

In the same sense, the provision of a service that the User may contract on this Website shall be governed by this same Law, since it establishes that Users shall not have the Right of Withdrawal when the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by Shelter Garage S.L., they will have lost their right of withdrawal.

In any event, no refund shall be made if the product has been used beyond merely being opened, if the products are not in the same condition in which they were delivered, or if they have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and any other documents accompanying them, in addition to a copy of the purchase invoice.

The model withdrawal form can be downloaded from the following link:

www.sheltergarage.com

Return of defective products or shipping error

This refers to all 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 that, therefore, they must contact Shelter Garage S.L. immediately and inform it of the existing non-conformity (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 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, whether a refund or, where appropriate, a replacement is applicable.

The refund or replacement of the product shall be made as soon as possible and, in any case, within 14 days following the date on which we send the User an email confirming that the refund or replacement of the non-conforming item is applicable.

The amount paid for those products returned due to a defect, where one actually exists, shall be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund shall be made by the same means of payment used by the User to pay for the purchase.

In any case, the rights recognized by the legislation in force at any given time for the User, as consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, benefits from guarantees on the products that they may acquire through this Website, under the legally established terms for each type of product, and Shelter Garage S.L. is therefore liable for any lack of conformity thereof that becomes apparent within two years from delivery of the product.

In this regard, products shall be deemed to comply with the contract provided that: they conform to the description given by Shelter Garage S.L. and possess the qualities presented therein; they are fit for the purposes for which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected from it. Where 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 shipping error. However, some of the products marketed on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured and which therefore form part of the individual appearance of the product, and shall not constitute a defect.

On the other hand, it may happen that the User acquires on the Website a product of a third-party brand or manufacturer. In this case, and if the User considers that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product in order to find out how to exercise their legal guarantee right directly against them during the two years following delivery of such products. To do so, the User must have kept all information relating to the guarantee of the products.

However, to learn more about the After-Sales Service that Shelter Garage S.L. makes available to Users of the Website, it may be consulted here: www.sheltergarage.com.

9. LIMITATION OF LIABILITY

Unless otherwise provided by law, Shelter Garage S.L. shall not accept any liability for the following losses, regardless of their origin:

any losses not attributable to any breach on its part;
business losses (including loss of profits, revenue, 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 sales contract for the products was entered into between them.

Likewise, Shelter Garage S.L. also limits its liability in the following cases:

Shelter Garage S.L. applies all measures aimed at providing a faithful display of the product on the Website; however, it shall not be responsible for minimal differences or inaccuracies that may exist due to lack of screen resolution, browser problems, or other issues of this kind.
________ shall act with the utmost diligence in order to make the product subject to the purchase order available to the company responsible for transporting it. However, it shall not be liable for damages arising from transport malfunction, especially for causes such as strikes, roadblocks, and in general any others inherent to the sector, resulting in delays, loss or theft of the product.
Technical failures due to accidental causes or of another nature that prevent the normal functioning of the service through the internet. Lack of availability of the Website for maintenance reasons or others, which prevents the service from being available. ________ uses all means within its reach in order to carry out the purchase, payment and shipping/delivery process of the products; however, it disclaims liability for causes not attributable to it, acts of God or force majeure.
________ shall not be responsible for misuse and/or wear of products that have been used by the User. At the same time, ________ shall also not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, Shelter Garage S.L. shall not be liable for any breach or delay in the performance of any of its obligations when the same is due to events beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustively:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Accordingly, obligations shall be suspended during the period in which the force majeure cause continues, and Shelter Garage S.L. shall have an extension of time to fulfill them for a period equal to the duration of the force majeure cause. Shelter Garage S.L. shall use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with Shelter Garage S.L. shall be electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Shelter Garage S.L. sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights granted by law to the User.

The User may send notices and/or communicate with Shelter Garage S.L. through the contact details provided in these Conditions and, where applicable, through the contact areas of the Website.

Likewise, unless otherwise stipulated, Shelter Garage S.L. may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by Shelter Garage S.L. of a specific legal right or action, nor the failure by Shelter Garage S.L. to require strict performance by the User of any of their obligations, shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it relieve the User from compliance with their obligations.

No waiver by Shelter Garage S.L. of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. SEVERABILITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and Shelter Garage S.L. in relation to the subject matter of the sale and replace any other prior pact, agreement or promise agreed verbally or in writing between the same parties.

The User and Shelter Garage S.L. acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data provided by the User to Shelter Garage S.L. during a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any dispute, problem or disagreement arising out of or related to access, browsing and/or use of the Website, or the interpretation and performance of these Conditions, or the sales contracts between Shelter Garage S.L. and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send Shelter Garage S.L. any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Shelter Garage S.L. has official complaint forms available to consumers and users, which they may request from Shelter Garage S.L. at any time using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Shelter Garage S.L. and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method may be accessed through the following website: http://ec.europa.eu/consumers/odr/.