The purpose of these stipulations is to regulate the use of the electronic sales services of the different goods and services offered by ARSAMAR ENTERPRISE SL, hereinafter ARSAMAR, a commercial company that operates on the Internet from its website www.arsamar.com selling travel items, school bags and backpacks and leather goods accessories to its customers.
The clauses listed below make up the framework contract that all users accessing the www.arsamar.com website are obliged to know and accept. For the sole purpose of these general terms and conditions, the expression "user" includes any internet user who accesses the www.arsamar.com website either directly or from any other internet site.
The services offered by ARSAMAR on this website shall be governed by the conditions contained in this contract. ARSAMAR reserves the right to modify, totally or partially, these general conditions, with the new ones agreed upon being applicable from the moment of their publication on the website. In any case, the aforementioned modifications will not have retroactive effects on the goods or services previously contracted by the users.
These General Conditions are binding on both parties and form an integral and inseparable part of the contract of sale, the effectiveness of which operates at the time of placing the order at the request of the customer, through the contracting mechanisms that will be specified later, all in accordance with the provisions of art. 1,255 of the Civil Code, which includes the principle of the autonomy of the will and agreements between the contracting parties. For all purposes it will be understood that, by placing an order, the user accepts the conditions and rules of use listed here.
In order to fully guarantee the rights of consumers and users of ARSAMAR, these General Conditions are established in accordance with the provisions of Spanish law, and in particular Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 7/98 of 13 April on General Contracting Conditions, Law 7/96 of 15 January on the Regulation of Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Royal Decree Law 7/2021 on the sale of goods and supply of digital content or services and Law 34/2002 of 11 July on information society services and electronic commerce.
ARSAMAR ENTERPRISE SL with registered office at Plaza de la Iglesia 13 de Atzeneta d'Albaida 46869 (Valencia), with VAT number B98056799 provides its electronic sales services via the Internet on its website www.arsamar.com.
Its contact address is the e-mail email@example.com. The address for the purpose of complaints will correspond to the address indicated as the registered office of the company.
These General Conditions regulate the contracting of products and services offered by ARSAMAR and the advertising aimed at its clients/users, all of which is carried out through its website, as well as the rights and obligations of the parties derived from the purchase and sale operations agreed between them.
ARSAMAR, in compliance with the provisions of art. 10 of Law 34/2002 of 11 July, through its website and these General Conditions, provides permanent, easy, direct and free access by electronic means to the information comprising its business name (tax and registration data, address and communications address), as well as customer data, exclusively accessible to the customer, which are held by the company.
The user of the ARSAMAR website shall have the right to free access to the public information contained therein, although ARSAMAR reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user accessing the ARSAMAR website has the right to register as a customer, and may therefore take advantage of special offers aimed at registered customers if they comply with the specific conditions of the offer specified for each product.
The public information contained on the ARSAMAR website referring both to the ARSAMAR company and to the brands, products, logos, etc. of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property. of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, and therefore the copying, transmission, transfer, alienation or use by the client outside the advertising purpose of its virtual publication is not authorised without the express consent of ARSAMAR or the manufacturer of the product or the owner of the brands and logos, in the terms set out in section XI on Industrial and Intellectual Property Rights.
Before formalising the purchase of any of the products offered by ARSAMAR, the customer/user must register their personal details and circumstances necessary for the formalisation of the purchase contract (name and surname or company name, DNI/NIF, address, e-mail address, telephone/fax number).
In order to place orders on the website, each customer will provide ARSAMAR with their personal data voluntarily and under their own responsibility.
All personal data provided by customers in a fraudulent or false manner may be considered as an offence of forgery of commercial documents.
ARSAMAR may offer the customer a personal registration system by means of a personalised access code (login) and password to facilitate future purchase operations. In this case, the customer may designate the desired login and password at their discretion, provided that these are available or are not assigned to other customers. ARSAMAR will automatically generate the access code and password for the customer, if the customer so wishes, by means of an automatic process. Codes or passwords with immoral, offensive, abusive, abusive, discriminatory or discriminatory content or that contravene the provisions of the law will not be accepted, nor those with terms that allude to brands, products or names protected by the legal provisions on Intellectual and Industrial Property or that are contrary to the rights to privacy, honour and one's own image.
The client undertakes to ensure the confidentiality of his or her own access code and password. ARSAMAR is exempt from any responsibility derived from the incorrect use or negligence on the part of the client in the fulfilment of his obligation of confidentiality of his access codes.
Pricing policy: ARSAMAR reserves the right at all times and unilaterally to modify the price of the products and services offered through its website. In order to guarantee the customer the certainty and security of the price of its products, this will be the price in force in the advertising coinciding with the time of placing the order.
In the electronic purchase process, the following steps will be followed according to the menu of options shown on the ARSAMAR website
Information on the product offered to the customer: description, manufacturer's brand name, indicative photograph (if applicable).
The product purchased may undergo, due to the manufacturer's availability, non-substantial modifications to the components, characteristics or features of the batch that comprise it, provided that they do not detract from the qualities and features advertised.
Information on the price of the product: information on the final price or retail price of the product to be purchased, including the final cost to the customer and including VAT, shipping costs and insurance of goods and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he/she formalises his/her acceptance by choosing the option "acceptance of the order" from the options menu. Any possible discounts or promotional gifts will be freely addressed by ARSAMAR to the groups designated at any given time by ARSAMAR or depending on the product offered, according to the advertising existing at any given time on its website.
The shipping costs for orders with destination in mainland Spain will be free of charge for all orders exceeding the amount of 150 euros.
Acceptance of the order: at the time of formalising the order, once the order acceptance menu option has been used, the customer's consent is understood to have been given for the validity and effectiveness of the purchase contract that binds the parties. ARSAMAR will store the order electronically.
The commitment acquired by ARSAMAR to sell and deliver the goods offered is subject to the stock of the advertised product and its availability until stocks last, so ARSAMAR in its commitment to quality and customer service, tries at all times that the advertised products are available. However, in the event of exceptional circumstances of interactive multi-ordering or other circumstances that cause the product to be out of stock, the order and the contract signed between the parties shall be rendered null and void by virtue of this cancellation clause, and the amounts paid by the customer in the event of prepayment shall be fully reimbursed, without any compensation for breach of contract, consequential damages or loss of profit being payable by any of the parties.
ARSAMAR confirms acceptance of the order to the customer by the means of the customer's choice: e-mail, fax or post. The sale will not be finalised until the order is confirmed by ARSAMAR.
ARSAMAR reserves the right not to confirm an order for a specific reason such as the supply of products, a problem relating to the order received (e.g. illegible document), an abnormal order or a foreseeable problem relating to delivery. ARSAMAR. will inform the customer.
ARSAMAR ENTERPRISE S.L. facilitates to its customers the payment by bank transfer, Paypal account and credit/debit cards Visa, Mastercard or Visa Electron through the addonPayments gateway of Caixabank Bank.
For payments by credit/debit card, we do not store any information about the cards, nor do we access them. All transactions are executed directly by Caixabank and the Addon Payments POS platform on its highly secure servers. Caixabank's Addon Payments POS is secure and a national benchmark in online transactions. It is approved according to the Secure Electronic Commerce (CES) protocols and is based on the 3D Secure system, also called "Verified by Visa" in Visa, and "SecureCode" in Mastercard.
3DSecure: Verified by Visa - SecureCode
In practice, 3D Secure means that we indicate our card number, expiry date and the graphic cryptogram to the Virtual POS of the online shop, but after having filled in this information, we will be redirected to the website of the card issuing bank, which will ask us for additional information known only to the card owner and the issuing bank. The information will be requested in accordance with the authorisation mechanism established by that bank and each bank is free to apply the one it deems appropriate.
Invoice: ARSAMAR will issue an invoice in electronic format (PDF) which will be sent to you by post once the sale has been made. ARSAMAR warns that it may not subsequently modify sales invoices in compliance with current regulations (Royal Decree 1496/2003 on invoicing rules, amended by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company placing the order, so the customer must ensure that the order is placed in the correct name. Subsequent changes will not be possible.
Delivery time of the purchased product: Our current quality commitment contemplates that all orders confirmed within one day (8:00 to 17:00), must be shipped before 19:00 on the following working day, except in cases where the delivery time commitment is expressly indicated in the information of the article. For all purposes, orders will be considered confirmed when the payment method is cash on delivery, or when the transfer has been verified.
In the event that stock is out of stock due to any incident, our customer service department will warn the customer of any delay, giving the possibility of cancelling the order or changing it.
Once the order is sent to the customer, the delivery times will be in accordance with the conditions of the agreed parcel service if they are included, or selected, if they are destinations not agreed with any transport service.
All deliveries are made from Monday to Friday, therefore, purchases made on Fridays will not be processed until the following Monday.
Place and method of delivery: The order will be delivered to the address designated at the time of contracting by the customer. Subsequent modification of the place of delivery requested by the customer may generate additional costs on the sale price that will be at the expense of the buyer. The goods will be delivered to the customer by the transport company, together with a delivery note containing the data that allows the customer, the order and the number of packages that make up the shipment to be identified. The goods are at all times covered against risks of transport, loss and handling.
In the event that the customer verifies at the time of delivery errors in the goods received or that the goods are visibly damaged, he/she must record these circumstances on the carrier's delivery note and inform ARSAMAR of these facts within 14 working days in writing or by e-mail to firstname.lastname@example.org via the customer service department published on its website, using the cancellation form provided at the point provided for this purpose, sent to the e-mail address or to the company's registered office. In any case, the customer must verify that the goods have been delivered in perfect condition. Claims later than 14 working days after delivery cannot be accepted.
Once the buyer has been informed after receiving an e-mail that the order has been dispatched, if the product has not been received after the indicated delivery times, he/she can contact us again by telephone: 96 235 9000 (during office hours), or by e-mail to email@example.com, so that we can clarify the cause of the delay on the part of the transport company.
In case of impossibility of delivery due to force majeure, accident, strike, administrative decision or transport strike that delays, prevents or makes the supply exorbitant, it constitutes, by express agreement, a clause of suspension or termination of the obligations of the company ARSAMAR, without compensation for the benefit of the customer if the cause takes place for more than 15 days. In these circumstances, the customer shall be automatically and fully released from its obligations in relation to its order.
ARSAMAR shall inform the customer by any appropriate means and on the same day that the incident occurs so that the customer may freely cancel his orders by replying by post or e-mail once the cause has been notified.
If at the time of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. After 7 working days from the delivery date, if delivery has not been possible, the Customer must contact ARSAMAR. If the product is not contacted within 10 working days, it will be returned to the warehouse and the Customer will be responsible for any possible costs.
If the reason for the non-delivery is due to loss by the carrier, an investigation will be carried out and a solution will be provided to the customer within a maximum period of 15 working days.
The guarantee of the products sold by ARSAMAR is provided and established by virtue of the existing regulations on guarantees in the Sale of Consumer Goods, a legal framework that aims to provide the consumer with different options to demand compensation when the goods purchased do not conform to the contract, giving him the option to demand the repair or replacement of the goods, unless this is impossible or disproportionate. When repair or replacement is impossible or disproportionate, the consumer may demand a price reduction or termination of the contract.
Commercial guarantee: Manufacturers may offer additional guarantees, the extent and duration of which differ according to the products and brands. These warranties are exclusively at the expense of the manufacturer who is obliged to provide them. Under this law, the seller is obliged to deliver to the consumer a good that is in conformity with the sales contract under the terms established by the law itself. Therefore, as stated in article 4 of the aforementioned law on the seller's liability and the buyer's rights: "The seller shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the good. Under the terms of this law, the consumer shall have the right to have the goods repaired, replaced, the price reduced or the contract rescinded". In any case, the batch number of the product to be repaired must correspond to the files owned by ARSAMAR.
ARSAMAR shall not be liable for any damage that may result from misuse or tampering. The guarantee shall not be valid in the event of factors external to the normal use of the product by the customer or by third parties not authorised by the manufacturers. The warranty shall commence on the day of delivery.
Confidentiality and security of the customer's personal data in accordance with the provisions of current Spanish legislation on data protection. No dissemination, transmission or publication of customer data without their express consent. Not to receive promotional or advertising e-mails if they have been rejected. To consult, modify and delete the customer's personal data contained in the ARSAMAR database at the customer's request, all in accordance with the provisions of the section on Personal Data Protection.
Free access to the open sections of the ARSAMAR website. To know at all times the status of the order placed.
Withdrawal/unilateral revocation of the requested order: In accordance with the provisions of art. 104 of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defence of Consumers and Users, the customer (consumers or users are considered only natural or legal persons who acquire, use or enjoy the product as final recipients) shall be entitled to cancel the order requested within fourteen days of receipt thereof, prior notification to ARSAMAR within this period so that the appropriate return channels can be established (return number, and the form and delivery address of the return shipment), with a refund of the price of the product paid for it. In the event of exercising this right of withdrawal, the customer shall be responsible for the cost of return and any damage to the product or goods. In cases of use, breakage of the seal or opening of the container of the goods, the return will not be accepted, unless this has been stated on the delivery note. The return costs will be deducted from the price of the product at the time of the refund. Under no circumstances will it be possible to process returns or exchanges of goods at our registered office.
ARSAMAR will not accept returns of products that have been tampered with by the customer, or goods that are returned incomplete in both their main elements and accessories. The right of withdrawal will not apply to products that cannot be returned due to their nature. Nor shall the right of withdrawal apply to goods or orders that may be considered, due to their special characteristics, to be tailored to the customer's request.
By virtue of art 103 of the General Law for the Defence of Consumers and Users, the following are exempt from return:
Personalised products, which have been manufactured according to the exact indications of the consumer.
In case of exercising the right of withdrawal, you can download the form at the following link
Professionals: Those who, without being final recipients, acquire, store, use or consume goods or services for the purpose of integrating them into production, transformation, commercialisation or provision to third parties will not be considered consumers and users, and therefore do not benefit from the rights granted to consumers.
Instructions for the delivery of products: The delivery of a possible return will not be managed directly at our facilities, but will be handed over to the carrier for shipment. We inform you that, in order to avoid any incident, it is necessary that the smaller products are protected by an external packaging - as you have received it at home - and thus avoid any type of damage or manipulation of the original packaging of the product during transport. For larger products it is not essential to have external packaging protecting the original packaging, however, it is important to ensure that the product is sent properly protected inside the original box with the protections intended for this purpose (corks, polystyrene, bubble wrap, etc.) and avoiding any type of manipulation. If you have any doubts about the correct shipment of the products, please contact our Customer Service Department.
In the event of a dispute or controversy, the customer may avail himself of the EU's online extrajudicial dispute resolution platform at the following link https://ec.europa.eu/consumers/odr