TERMS AND CONDITIONS OF SALE
SCOPE AND DEFINITIONS
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller through the site www.texence.com, which is property of MANZO BAÑOS S.L. (hereinafter texence).
By accepting this contract, the consumer and/or user (hereinafter the customer) accepts the following:
- That he/she is a person with sufficient capacity to buy.
- That he/she has read, understands and accepts without reservation the present terms and conditions of sale.
- That he/she takes responsability for all the obligations.
Notwithstanding these Terms and Conditions of Sale, the customer is subject without reservation to compliance with the rules set out in the Legal Notice of the website.
The company does not intend to process data corresponding to minors. texence only sells to adults in accordance with Spanish regulations (article 315 of the Civil Code).
The present terms and conditions will have an unlimited period of validity and will be applicable to all contracts made through the www.texence.com website.
texence reserves the right to modify, at any time, the product offer based on the present Terms and Conditions of Sale and the list of products and their prices. Such modifications will not alter any contracts already made by the customer previously. Therefore, texence recommends to read the terms and conditions before purchasing of any available product.
IDENTITY OF THE PARTIES
On the one hand, MANZO BAÑOS S.L., owner of the website www.texence.com, as a seller of the products contracted by the consumer and with registered office at Camí de Codonyers nº3, postal code 46470, in Massanassa, Valencia (Spain). Registered in the Mercantile Registry of Valencia, volume 10072, book 7354, folio 113, page No. V-169057 with CIF B98798499 and tax address at Ballari i Compositor Vicente Raga Street nº1, esc. 1, 8A, with zip code 46023, from Valencia (Spain).
On the other hand, the customer, registered on the web site and looking to became a customer and to buy texence products.
COMMUNICATION AND CONTACT
As far as communications are concerned, customers can contact texence in the following ways:
By letter: Camí de Codonyers nº3, c.p. 46470, de Massanassa, Valencia (Spain)
By the contact form.
All these ways of communication texence provides customers will be considered effective and valid to contractual purposes.
The customer shall be responsible for using the website and its services in a lawful manner. The buyer shall be responsible for respecting the current regulations in order to protect the rights of third parties and of texence.
The customer shall be responsible for the authenticity of the data provided to texence and shall therefore be responsible for the consequences that providing untrue or wrong information on the present website could cause.
The seller shall be responsible for respecting the terms and conditions of Sale.
Should customers have any questions, they can either use the contact form in the section -contact- or the email address firstname.lastname@example.org / email@example.com by provinding the order number and clearly stating their query.
Generally speaking, all communications with the customers (sales and contractual information) will be carried out in the language selected by the customer on the website to confirm the order (ES, FR and EN).
WEBSITE ERROR DETECTION
There are no technical ways of detecting or correcting errors, except when the system detects any blank fields that need to be filled in. Customers shall be responsible for contacting customer service via email at firstname.lastname@example.org in case of entering incomplete or wrong information during their registration process.
Customers can go back or leave the website at any time before confirming the order. By doing this, the purchasing process will be unsuccessful.
Customers can also remove or add items to the shopping basket before confirming their order.
Customers shall be responsible for contacting texence immediately via the email address provided if an error has been detected in the order.
ELECTRONIC DOCUMENT FILING
As additional information, required by art. 27 of the Law 34/2002, of Services of the Information Society, the constumer is informed that texence shall not file the electronic document of purchase but a downloading PDF copy will be sent by email to confirm the purchase.
The purpose of the present contract is to regulate the existing relationship between texence and the customer when customers give their consent during the purchasing process by accepting the corresponding box.
The contractual purchase relationship involves the delivery of a product in exchange for a price determined on the website.
This form will allow customers to register as a customer by providing a password.
If the registration process is successful, we will send customers a confirmation e-mail. Once registration has been completed, customers will have access to their customer account (MY ACCOUNT), by providing the system with your access codes (e-mail and password provided at the time of registration) in order to:
- Check your order history
- Check invoices
- Update your addresses
- Edit, complete and/or modify your personal details
- Check the status of your returns
Recover password: if you have forgotten your password, click on the link – Forgot your password? – and, by providing the e-mail address used for registration, you will be sent an e-mail with a new password which you can modify in MY ACCOUNT.
The user shall be responsible for ensuring that the personal details provided are true, accurate, complete and up to date. You must be diligent in managing your passwords, and you are also responsible for the choice, loss, theft or unauthorised use of your username and/or password and for the consequences that may arise from this. The access codes are personal and non-transferable. Customers shall be responsible for informing texence immediately of the loss of your access codes, regardless of the cause, as well as of any danger or breach of confidentiality, and customers shall be liable for any damage or harm caused by accesses verified through these access codes.
The user can access the products available on the texence website through its different sections. If users are interested in any product, they can click on it to acces the product description and its characteristics. To purchase the product, users must select the options available to configure the order (such as finish features, size, colour, etc.) and add it to the basket to confirm the order. To add any other product to the basket, customers will have to repeat the process. To continue, click on CONFIRM PURCHASE. Before making the payment users will be able to see the product(s) added to their basket, with the possibility of adding more products or deleting those already added on. If you have a promotional discount code, users can redeem it by entering it in the discount field field. Discount codes are not are non cumulative. Then users must click on BUY.
If you are already registered on the texence website, you must enter your access codes. If you are not registered, you must register as described above. Before placing the order and making the payment, you will see a breakdown of the total price of the order, including taxes (VAT), shipping costs if any, and any additional costs according to the chosen configuration. You will need to select the delivery address if you have provided more than one address at the time of registration. You must select the shipping method if there are different options depending on the destination.
Once you have read the terms and conditions, if you agree with them, you can accept them by ticking the box provided for this purpose and click on the corresponding button to place the order and pay.
After completing the whole process successfully, texence will confirm the purchase by e-mail to the address customers have provided, indicating the details of the order, the order number, the total amount of the purchase and all the costs, if any, associated with the present terms and conditions.
PRODUCTS FOR SALE
The product descriptions are shown in their corresponding sections (characteristics such as dimensions, colour, model, price, etc.). Should customers need more details about the product, they can check other technical information that can be found outside the – buy – section on the same texence website www.texence.com. Customers can contact us by any of the ways shown above to send texence their query.
Any possible discounts shall be clearly marked and identified as such, conveniently indicating the additional discount to be applied.
For any information about the order, customers can contact texence via the contact form in the section – contact – or via email to the address email@example.com by indicating the order number.
PRICE OF THE GOODS AND PERIOD OF PRODUCT VALIDITY
The prices for each product are shown on the website and the Value Added Tax (VAT) is included. The prices are in the Euro currency (€).
The prices shown on the products, unless stated otherwise, do not include shipping costs or any other additional charge that may increase the price of the product purchased.
Customers can check and calculate the total price of the product with the exact purchase breakdown before making the payment in the purchasing process.
The company reserves the right to refuse to fulfil an order from a customer who has not fully or partially paid for a previous order or with whom there is an ongoing dispute.
All payments made to texence will entail the issue of an electronic invoice (proof of payment) in the name of the customer who has purchased a product. This electronic invoice will be automatically sent to the e-mail address provided by the customer during the purchasing process.
The customer expressly agrees and consents, through acceptance of these Terms and Conditions of Sale, to receive the invoice by a electronic way. Notwithstanding the above, customers may, at any time, revoke this consent by sending an e-mail to the address firstname.lastname@example.org stating in the subject – paper invoice – and indicating their wish to receive it in this format.
METHOD OF PAYMENT
By debit/credit card. By this way, customers will have to provide the payment gateway with their card number, expiry date and CVV number. In this case, your data will be encrypted and sent under a secure server to the bank’s virtual POS. This procedure does NOT provide texence with your card number. This payment method guarantees that texence has full authorisation for the use of the card in the purchasing process.
DELIVERY OF ORDERS
The products available on the website can be exclusively delivered in the following territories: Spain, France, Portugal, Belgium, Holland, Luxembourg, Germany, Italy and Austria.
The transport service is managed by a specialised external company. The nature of our products, bulky and heavy goods, requires an agreed date for delivery. After notification by us of the shipment of the goods, the transport company will contact the customer within the next few days to arrange a delivery date once the goods are in the city of destination.
The product shall be deemed to have been delivered when the customer or a third party designated by the customer, other than the carrier, has acquired material possession of the product. The delivery of orders will be made to the postal delivery address freely designated by the client during the registration or purchasing process, once the payment has been made and confirmed.
In no case will texence be held responsible when the delivery of the product does not take place as a consequence of the data provided by the client being untrue, inaccurate or incomplete, or when the delivery cannot take place for reasons beyond the control of the company in charge of the shipment, such as the absence of the addressee. Any costs arising from these incidents shall be borne by the customer in all cases.
ORDER RECEPTION PROCESS
Parcels can be heavy and bulky. Remember to ensure the reception of the parcel by at least two people, especially to transport it to your home. The transport company will only take the parcel out of the truck and leave it as close as possible to your home. It is strongly recommended that, if you have the chance, the professionals responsible for installing the product participate in its reception.
Please check upon delivery, before the deliveryman goes away, that the siphon (small box) is attached to the pallet (small little black box) is attached to the package and that the product is in good condition. If the siphon is missing, please note this on the delivery note and inform us within 24 hours to address the problem.
If the shower tray is in poor condition: please refuse the delivery (take a photo with your phone if you have the chance), then inform us immediately to make the corresponding claim to the transport company. It is essential to unpack the product before signing the delivery note. Please, take a few minutes to open and check the product. The delivery man cannot make you keep a faulty or incomplete product.
IMPORTANT: the following mention on the delivery note “subject to unpacking/checking” has no legal value. If the deliveryman does not want to wait for you to unpack, write down in full “the deliveryman did not want us to check the parcel” and make the driver sign.
Nevertheless, once the order has been received and during the unpacking process before installation, check the surface of the product without removing the protective film. We advise you not to remove the protective film before installation is not complete. The protective film isolates the shower tray from any material drops (cement, glue, etc.).
IMPORTANT: Any damage caused by the transport cannot, under any circumstances, be assigned to the manufacturer. In the event of a dispute caused by transport, the order will be re-manufactured under the same commercial conditions as those agreed upon when the order was confirmed with regard to delivery time, etc.
SHIPPING TIME AND DELIVERY TIME
Every texence product is made to measure according to the customer’s specifications. The shipping time* in the available territories will be 15 days from the date of confirmation of purchase. However, these delivery times may be reduced and customers will be informed when their order has been shipped.
* The time between the order confirmation and its shipping date.
During the purchasing process, customers can select options that may delay the delivery time. These shipping times are shown in these options during the purchasing process.
Depending on the territory, the delivery time may vary between 3 and 6 days from the date of shipment. The delivery time of the products is calculated in working days, which means that Saturdays, Sundays or bank holidays are not taken into account.
Shipping costs may vary according to the destination territory. Once the order has been placed and the total amount has been confirmed, the system will shown the shipping costs according to the given delivery address. Customers will therefore be able to check at any time during the purchasing process the price of their order and the associated shipping costs, if any.
RETURN OF FAULTY PRODUCTS
In the event of lack of conformity, defect, error or any other incident related to the order placed, customers may contact texence by e-mail at email@example.com by giving the details of the product(s) purchased, and by stating clearly the defect spotted, the order date and the delivery date, as well as the name, surname and e-mail address. texence will contact the customer as soon as possible to let them know how to proceed.
To request return information, contact texence within 14 days of receipt. Otherwise no returns will be accepted.
Any return of a product showing a manufacturing defect must be the subject of a formal agreement between texence and the customer. Any product returned without this agreement will not be entitled to a replacement or refund. Customer shall take the necessary photos and send them to texence to prove the manufacturing defect. Returned products must be in their original condition and packaging.
Any return accepted by texence will be entitled to the replacement of the product for the benefit of the customer, or its refund, after qualitative and quantitative verification of the returned products. Returns that do not comply with the above procedure will be penalised with the loss of the customer’s right to replacement or refund.
In the event that any product proves to be faulty, we will proceed, as appropriate, to the replacement, price reduction or refund and termination of the contract, which will be free of charge for the customer.
In this case, customers will get a refund for the purchase price of the product within a maximum of 14 calendar days following receipt of the product.
RIGHT OF WITHDRAWAL
According to DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, article 16 c), the supply of goods made to the consumer’s specifications or clearly personalised; customers shall not provide for the right of withdrawal from the purchase of products purchased on the texence website.
The company does not keep stock of products and all products are made to the customer’s specifications. The company supplies products that are made and personalised according to the consumer’s specifications.
Products will be delivered in conformity with the contract, i.e. that they conform to the description given, to any specifications made by the customer and that they possess the qualities of the product presented on the website, and texence will be liable for any lack of conformity that exists at the time of delivery of the product.
In accordance with the provisions of articles 97.1.m) and 123 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, we remind you that we will respond for any lack of conformity of the products that appear within a period of two years from delivery.
All products are subjected to an exhaustive quality control process before shipment. texence provides a 2-year guarantee against manufacturing defects.
The warranty is valid provided that the installation has been carried out by professional staff and that the product is put to normal and proper use in accordance with the manufacturers’ recommendations. Normal wear and tear of the products is not covered by the commercial warranty. These products are designed for indoor domestic use. Damage caused by external objects and/or natural or artificial light (in particular in case of discolouration or yellowing) is not covered by the commercial warranty. In general, defects and deterioration caused by natural wear and tear or by an external accident, or even by a modification of the product not foreseen or specified by texence, are excluded from the warranty.
In any case, the company’s liability will be limited to the maximum amount of the amount invoiced for the product to the customer.
It is VERY IMPORTANT before installing the product: make sure that the colour, size, dimensions, texture and model are correct, verify that it drains correctly and check that there is no anomaly or damage, as no claims will be accepted on the product once it has been installed. The responsibility of texence will be limited solely and exclusively to the replacement of the defective product and in no case will it cover additional expenses (expenses caused by repair work, installation, …), which will be the responsibility of the customer. This warranty only covers manufacturing defects of the product. Under no circumstances does it cover other accessories or costs associated with the installation of the dish itself, damage caused by wear and tear and, in general, all those that cannot be attributed to a manufacturing defect.
Warranty exclusions: Damage caused to the surface by the use of improper cleaning products, the hardness of the water or by the natural wear and tear of the product, as well as damage caused as a result of knocks and impacts are not covered by the warranty. Improper storage, incorrect installation and negligence in the handling of any product shall invalidate the warranty. Defects caused by negligent or improper use and maintenance of the item are excluded from this warranty.
Colours: on computer screens RAL colors do not appear completely authentic. Use the colour printing on this page for reference only. There may be subtle differences between product images, sample finishes and the delivered product in terms of colour shade and appearance. These differences can never be grounds for complaint.
Dimensions: Due to the nature of the raw materials used and the shrinkage that the mass undergoes in the drying process, the products may have a deviation of up to 0.5% with respect to the dimensions requested.
In the event of a defective product, we will proceed, as appropriate and in accordance with the provisions of Title IV of the TRLGDCYU relating to Guarantees and After-sales Services, to replace or terminate the contract if necessary.
The company assumes NO responsibility for any consequences arising from the installation, use and application of its products by the customer. The customer must carry out the corresponding preventive tests in order to ensure that the products are suitable for the thermal, location, installation and any other conditions, and that they are suitable for installation and suitable for use in the specific circumstances foreseen by the customer.
Complaint forms are available for customers at Camí de Codonyers nº3, post code 46470, Massanassa, Valencia (Spain), in accordance with the regulations on this matter. Notwithstanding the above, customers may request a complaint form by filling out a contact form or by sending customer service an email on firstname.lastname@example.org for customer service.
Customers may also contact the local authorities for digital downloading copy. Even if you do not have the official form, you can submit your complaint in any format and to any competent municipal or regional body. All you need to do is to write a letter setting out the details of the complaint, the facts and what is being requested.
The complaint must state:
- Name, address, ID number, e-mail address and telephone number of the claimant.
- Business name, company name, address, VAT number, e-mail address and telephone number of the company against which the complaint is made.
- Brief and clear description of the facts that are the object of the complaint.
- What you are requesting with the complaint.
These general terms and conditions of sale shall be governed by and construed in accordance with Spanish law. Both parties, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the jurisdiction of the courts of Valencia (Spain).
If the interpretation of these terms and conditions of sale gives rise to confusion for reasons of language and/or translation, the text in the company’s native language version (ES) shall.