GENERAL TERMS OF SALE

Utropik

  1. GENERAL INFORMATION

The ownership of this website Utropik, (hereinafter Website) is held by:, and whose contact details are:

Adress: C/ Casp 62 4 pis – 08010 Barcelona

Contact phone (whatsapp only): +52 33 3828 3432

Contact email: txup_escapa@utropik.com

This document (as well as other documents mentioned here) governs the conditions governing the use of this Website (Utropik) and the purchase or acquisition of products and / or services (hereinafter, Terms and Conditions). ).

For the purposes of these Conditions, it is understood that the activity carried out by https://utropik.com through the Website includes:

Sale of photographs

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 Conditions of Use, including the cookies policy. , and the privacy and data protection policy of https://utropik.com. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the above. so if you do not agree with all of this you should not use this Website.

It is also reported that these conditions may be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, as those that are in force at the time the acquisition of products and / or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, you can contact the owner using the contact details provided above or, if applicable, using the contact form.

  1. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indiscriminately, individually as a User or jointly as Users), so they are accepted, as long as starts browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Use of this Website only for legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).

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

The User may formalize, at his / her choice, with https://utropik.com the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

  1. PURCHASE OR ACQUISITION PROCESS

Properly registered Users may purchase on the Website by the established means and forms. They must follow the Utropik online purchase and / or purchase procedure, during which various products and / or services can be selected and added to the final shopping cart, basket or 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 details may be modified.

The user will then receive an email confirming that https://utropik.com has received their order or request to purchase and / or provide the service, ie confirmation of the order. And, if applicable, you will also be notified by email when your purchase is being shipped. Where applicable, this information may also be made available to the User through his personal space for connection to the Website.

Once the purchase procedure has been completed, the user agrees that the Website will generate an electronic invoice which will be sent to the User via e-mail and, where applicable, through his personal space to connect to the Website. . Likewise, the User may, if he so wishes, obtain a paper copy of the invoice, requesting it at https://utropik.com 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 displayed next to the presentation or, where applicable, its image in your website, indicating, but not limited to, the name, price, components, weight, quantity, color, details of the products, or features, how they will be carried out and / or cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments made during transactions made on the Website may be archived and kept in the computerized records of https://utropik.com in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and applicable laws and regulations in this regard, and in particular 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 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 they attend to Users in accordance with the privacy policy of this Website.

  1. AVAILABILITY

All purchase orders received by https://utropik.com through the Website are subject to the availability of the products and / or that no circumstance or force majeure (new clause of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties with the supply of products or products are not in stock, https://utropik.com undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

  1. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise required by legal requirement, especially with regard to VAT.

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

Prices may change at any time, but possible changes will not affect orders or purchases with respect to those already in place.

Accepted means of payment will be: Credit or debit card, and PayPal

https://utropik.com uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during the transactions through the Website. As such, the Website uses a Secure Socket Layer (SSL) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, if this entity does not authorize the payment, https://utropik.com will not be responsible for any delay or non-delivery and may not formalize any contract with the user.

Quan https://utropik.com rebi l’ordre de compra per part de l’Usuari a través del Lloc Web, es farà una pre-autorització a la targeta que correspongui per assegurar que hi ha fons suficients per completar la transacció. El càrrec a la targeta es farà en el moment que s’enviï a l’Usuari la confirmació d’enviament i/o confirmació del servei que es presta en forma i, si escau, lloc establerts.

If the means of payment is PayPal, the charge will be made at the time https://utropik.com 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.

  1. DELIVERY

In cases where it is appropriate to make the physical delivery of the contracted goods, the deliveries will be made in the area of the following territory: Everyone

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

If for any reason attributable to you, https://utropik.com is unable to meet the delivery date, you will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by establishing a new one. delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on weekdays.

If it is not possible to deliver the order in the absence of the user, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not at the place of delivery within the agreed time slot, please contact https://utropik.com to arrange another day delivery.

In the event that 30 days have elapsed since your order was available for delivery, and it has not been delivered for reasons not attributable to https://utropik.com, https://utropik.com will understand that the User wishes to withdraw from contract and this will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded to you, except for the additional costs resulting from the User’s own choice of a delivery method other than the less expensive method of ordinary delivery offered by 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 considered terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the time the User or a third party indicated by the User acquires material possession of the products, which will be credited by signing the receipt of the order to the agreed delivery address.

The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when https://utropik.com receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount paid by https://utropik.com.

In accordance with the provisions of Law 37/1992, of 28 December, on value added tax (VAT), purchase orders for delivery and / or service are understood to be located in the territory of application. of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

  1. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he / she detects that an error has occurred in entering the data necessary to process his / her purchase request on the Website, he / she may modify them by contacting https: / /utropik.com through the contact spaces provided on the Website, and, where applicable, through those skills for contacting customer service, and / or using the contact details provided in the first clause (General information). Likewise, this information could also be solved by the User through his personal space of connection to the Website.

In any case, the User, before clicking on “Buy”, has access to the space, the basket or the basket where their purchase requests are written down and can make modifications.

In the same way, the User is referred to the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to request more information on how to exercise their right of rectification in accordance with the provisions of the Regulations. (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights.

  1. RETURNS

In cases where the User purchases products through the owner’s Website, he is assisted by 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, therefore, assists him the right to withdraw from this purchase within 14 calendar days without justification.

This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Website at https://utropik.com or in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of these goods that made up the same purchase order, or in the case of a service contract, within 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify the decision to https://utropik.com. You can do this, if necessary, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally state that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form made available to him https://utropik.com as an annex to these Conditions, but its use is not mandatory.

In order to meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw be sent before the corresponding deadline expires.

In case of withdrawal, https://utropik.com will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method of the least expensive modality offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which https://utropik.com is informed of the decision to withdraw by the User.

https://utropik.com will reimburse the User using the same payment method used by him to carry out the initial purchase transaction. This refund will not incur any additional cost to the user. However, https://utropik.com may withhold this refund until you have received the products or items of the purchase, or until the User submits proof of the return, depending on the condition that is met first.

The User can return or send the products at https://utropik.com to: C / Casp 62 4 pis – 08010 Barcelona

And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which https://utropik.com was informed of the decision to withdraw.

The user acknowledges that he must bear the direct cost of return (transport, delivery) of the goods, if any are incurred. In addition, it will be responsible for the decrease in value of the products resulting from a different handling than necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges 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 revised text of the General Law for Consumer and User Protection and other complementary laws. Enunciatively, and not exhaustively, this would be the case for: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that are sealed for hygiene or health reasons and have been unsealed after delivery.

In the same sense, the provision of a service that the user may contract on this Website is governed, as this same Law establishes that users will not attend the right of withdrawal when the provision of the service has been fully executed, or when has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by https://utropik.com, 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 same, of products that are not in the same condition in which they were delivered or that have suffered some damage after delivery.

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

The Withdrawal Form Template can be downloaded at the following link: https://utropik.com/contacte-2

Return of defective products or error in shipping

These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, must contact https://utropik.com immediately and let you know the existing non-compliance (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 time, if the refund or, if applicable, 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 of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is due. .

The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including delivery costs and costs that the user may have incurred 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, you will always be subject to the rights recognized in the legislation in force at all times for the User, as a consumer and user.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, answering https://utropik.com, for both for the lack of conformity of the same that manifests in a term of two years from the delivery of the product.

In this sense, it is understood that the products comply with the contract as long as: they conform to the description made by https://utropik.com and have the qualities presented; be suitable for the purposes for which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected. When this is not the case with regard to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as they are derived from the type of material with which they were made, and therefore form part of the individual appearance of the product, and not they will be a defect.

On the other hand, it could be the case that the User purchases on the Website a product of a brand or manufacture by a third party. In this case, and considering the User that it is a defective product, he also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their right of legal warranty directly to the two during the two years following the delivery of the said products. Therefore, the user must have kept all the information related to the warranty of the products.

  1. DISCLAIMER OF LIABILITY

Unless otherwise stated, https://utropik.com will not accept any liability for the following losses, regardless of their origin:

  • any losses not attributable to any breach by him;
  • business losses (including lost profits, lost revenue, contracts, projected 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 for the sale of the products was formalized between the two parties.

Likewise, https://utropik.com also limits its liability in the following cases:

  • https://utropik.com applies all measures concerning to provide a faithful display of the product on the Website, but is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems to be used or others of this nature.
  • https://utropik.com will act with the utmost diligence to make available to the company in charge of the transport of the product object of the purchase order. However, it is not liable for damages resulting from a malfunction of the transport, especially for causes such as strikes, roadblocks, and in general any other of the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents access to the service. https://utropik.com puts all means at your disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes not attributable to it, fortuitous event or force majeure.
  • https://utropik.com will not be held responsible for the misuse and wear and tear of the products that have been used by the User. At the same time, https://utropik.com will not be held responsible for any erroneous returns made by the User. It is the User’s responsibility to return the correct product.
  • In general, https://utropik.com will not be liable for any breach or retraction in the performance of any of the obligations assumed, when this is due to events that are beyond its reasonable control, ie that it is due to force majeure, and this may include, but is not limited to:

o Strikes, employer closures or other vindictive measures.

o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.

o Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

o Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period in which the cause of force majeure continues, and https://utropik.com will have an extension in the term to fulfill them for a period of time equal to the one that lasts the cause of greater force. https://utropik.com will put all reasonable means to find a solution that will allow you to fulfill your obligations despite the force majeure.

  1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with https://utropik.com are electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that https://utropik.com sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognized by law to the user.

The User may send notifications and / or communicate with https://utropik.com through the contact details provided in these Conditions and, where applicable, through the contact areas of the Website.

Likewise, unless otherwise stated, https://utropik.com may contact and / or notify the User in his email or postal address provided.

  1. WAIVER

No waiver by https://utropik.com of any specific right or legal action or failure by https://utropik.com to enforce strict compliance by the User with any of its obligations shall not constitute a waiver of other rights or actions deriving from a contract or the Conditions, nor will it exonerate the User from the fulfillment of the obligations.

No waiver of https: //utropik.com in any of these Terms or rights or actions arising out of a contract will take effect unless expressly stated that it is a waiver and is formalized and communicated to the User in writing.

  1. NULLITY

Should any of these Terms be declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in effect, without being affected by this declaration of invalidity.

  1. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between the User and https://utropik.com in relation to the object of purchase and replace any other agreement, agreement or promise made above. agreed orally or in writing by the parties themselves.

The User and https://utropik.com acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly stated in these Conditions.

  1. DATA PROTECTION

The information or personal data that the User provides to https://utropik.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy ( contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of this information and data and declares that all the information or data provided is true.

  1. APPLICABLE LEGISLATION AND JURISDICTION

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

Any dispute, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://utropik.com and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

  1. COMPLAINTS AND CLAIMS

The User may send https://utropik.com their complaints, claims or any other comments they wish to make through the contact details provided at the beginning or in these Conditions (General Information).

In addition, https://utropik.com has official complaint forms available to consumers and users, which they can request at https://utropik.com at any time, using the contact details provided. at the beginning of these Conditions (General Information)

Likewise, if a dispute arises from the signing of this purchase contract between https://utropik.com and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes amending Regulation (EC) 2006/2004 and Directive 2009/22 / CE. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.

This General Purchase Conditions document was created using the General Purchase Conditions online template generator on 17/07/2021.