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Terms and Conditions

GENERAL CONDITIONS

0.1. These general conditions (the “General Conditions”), together, where applicable, with the particular conditions that may be established (the “Particular Conditions”), shall expressly regulate the access, use, and commercial relations between the user (the “Customer”) and the TIBET IMPORT point of sale (the “Point of Sale”) through which the latter formalizes the purchase of the products offered during their period of availability (the “Products”) through the marketing platform accessible on the website www.tibetimport.com (the “Online Channel”) owned by Javier Llorca Padros, with CIF 39341966r and registered office at C/ Clariana s/n Olius – Solsona and telephone number 603 42 64 14.

0.2 These General Conditions shall remain in force and valid for as long as they are accessible through the Online Channel. TIBET IMPORT reserves the right to replace at any time both the General Conditions and the Particular Conditions (the “New Conditions”), as well as all legal notices, guidelines, and/or usage regulations contained in the Online Channel, which, as the case may be, shall replace, supplement, and/or modify the General Conditions set forth herein. The Customer shall be subject to the General Conditions in force at the time of placing their order. Their temporal validity coincides with the time of their display, until the moment they are modified in whole or in part. The New Conditions shall apply from the moment they are made available to the Customer. We recommend that you periodically check the General Conditions, as they may be subject to changes. You can consult the current version of these Conditions whenever you wish at www.tibetimport.com

0.3 In the event of contradiction between the terms and conditions set forth in these General Conditions and the Particular Conditions, the conditions agreed upon in the latter instrument shall always prevail with respect to those incompatible terms, and only with respect to those Products subject to said specific conditions.

0.4 Any query, suggestion, complaint, or claim related to the online sale of the Products may be made through our Customer Service: info@tibetimport.com.com
Tel.: 603 42 64 14

1. INTERVENERS

Those consumers who are natural persons residing in the peninsular and insular Spanish territory (except for Ceuta and Melilla), who are of legal age and have a National Identity Document (D.N.I.), or legal entities that properly accredit their status and accept these General Conditions and the Particular Conditions that, where applicable, are in force, will be considered “Customers.” The purchase of Products in the TIBET IMPORT Online Channel by minors, users who do not legally reside in Spain, or users who do not meet the requirements set forth in these General Conditions is expressly prohibited.

2. ACCESS AND USE OF THE ONLINE CHANNEL.

2.1 Access and use of the Online Channel is free and open, with TIBET IMPORT reserving the right to require compensation for it in the future.

2.2 For the purchase of Products through the Online Channel, TIBET IMPORT will request users to register, for which those Customers must complete the electronic form that appears on the Online Channel at any given time, following the instructions provided therein. In said registration process, only exact and true data must be provided at all times and exclusively.

2.3 TIBET IMPORT will send to the email account that the Customer has designated for this purpose the confirmation of the registration. The username and password are enabling elements to access and make purchases and are confidential, personal, and non-transferable. The username may not be modified by the Customer, but the password may, in which case the modified keys will lose their validity.

The Customer will be responsible for the proper custody and confidentiality of the password, and may not transfer its use to any third party, whether temporary or permanent, nor allow its use by any third party in any case. The Customer must immediately notify TIBET IMPORT of any access to the Online Channel that any third party other than the Customer may make using their password.

2.4 All acquisitions of Products purchased through the Online Channel, after identification and authentication through the username and password provided, will be considered validly made by the Customer and will be binding. Consequently, the Customer will be exclusively responsible for any purchases of Products through the Online Channel by any third party that uses their username and password. The placement of orders from the Online Channel by a minor who falsifies registration information will be understood to be made under the supervision and authorization of their parents, guardians, or legal representatives.

2.5 The use of the Online Channel and/or the contracting of any of the Products implies acceptance as a Customer, without any reservations, of all and each of the General Conditions as well as, where applicable, the Particular Conditions that may apply. If you decide not to accept these General Conditions, the Particular Conditions and/or, where applicable, the New Conditions, you must refrain from accessing and/or using the Online Channel. The provision and use of the Online Channel by the Customer shall in any case be subject to strict compliance by the latter with the terms set forth in these General Conditions and, where applicable, in the Particular Conditions that apply.

2.6 The legal relationship arising from registration as a Customer of the Online Channel has an indefinite duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and without any further cause than their will in that regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The Customer may exercise the right of termination unilaterally through the account cancellation process.

3. INFORMATION AND AVAILABILITY OF THE OFFERED PRODUCTS.

3.1. The Products offered in the Online Channel, along with their essential features and price, will appear on screen. Apart from the price, and before confirming the order, the total shipping costs to the Customer’s address will appear on screen. The offers will be duly indicated on screen. The Point of Sale reserves the right to decide at any time the Products that will be included and offered to Customers through the Online Channel. In this way, the Point of Sale may at any time add new Products to those included in the Online Channel, it being understood, unless otherwise provided, that such new Products will be governed by the provisions of the General Conditions in force at that time. Likewise, the Point of Sale reserves the right to withdraw or cease to offer, at any time and without prior notice, any Products offered in the Online Channel.

3.2. In the event that, once the order has been placed, the Online Channel does not have stock of any of the requested product/s, the customer will be informed of such lack of availability and the order will be canceled by refunding the amounts paid corresponding to said unavailable product/s. Likewise, in the event that the Online Channel does not have stock of any of the requested products, TIBET IMPORT, through its Online Channel, will be entitled (informing the customer and without this implying a price increase) to supply a product with similar characteristics that has the same or even superior quality.

4. PRICES AND SHIPPING COSTS.

4.1. The prices of the Products are always shown in euros and include VAT and any other applicable tax, and will at all times be the current ones. If TIBET IMPORT identifies a manifest error in the price of the Products, they will inform the Customer and the latter will have the option to reconfirm their order at the correct price or, failing that, cancel it. The prices of the products shown are with indication of free pickup.

4.2. The product price does not include shipping costs. These costs are borne by the Customer and will be added to the total amount of the selected Products. The cost of the contracted delivery service will be determined by the conditions and modality of said service selected. The Customer will be duly informed of these costs, which will be properly broken down prior to making the payment before confirming the order and completing the contracting process.

4.3. The prices shown on the Online Channel apply exclusively to the Products offered through said Channel and during the time they remain published. TIBET IMPORT expressly reserves the right to modify the prices at any time without the need for prior notice. However, in any case, the rates in force indicated on the Online Channel at the time of placing the corresponding order will apply. The prices published on the Online Channel may differ and be different from the prices of the same Products offered and sold in TIBET IMPORT’s distribution network establishments for purchase directly in said establishments.

5. BUYING PROCESS

5.1. Once the Customer is registered, and to proceed with the purchase of Products, they must add the product they wish to acquire to the Shopping Cart, following the instructions displayed on screen, completing the order form provided for this purpose.

5.2. Once the purchase has been made, the Customer will be sent, to the email address indicated for this purpose by the Customer, a confirmation of the purchase made, which will serve as proof of the transaction “Purchase Receipt” that the Customer must print on paper for the collection of the acquired Product or Products at the Point of Sale when the Customer has chosen the product pickup method as described later. Likewise, the customer may consult and/or download the invoice in the My Orders area. The customer accepts receiving all invoices in electronic format. The order confirmation and the Purchase Receipt will not be valid as an invoice.

5.3 The purchase shall be deemed to have been made at the address of the Point of Sale.

6. PAYMENT METHOD.

6.1 To proceed with the payment, the Customer must follow all and each of the instructions displayed on the corresponding page of the Online Channel. The payment of the price of the Products and shipping costs may only be made through credit or debit cards or other payment methods indicated on the corresponding page at any given time. Such payment methods will be subject to verifications and authorizations by the issuing entities, but if such entity does not authorize the payment, the purchase process initiated cannot continue, the order will be automatically canceled, and the sale of the requested Product or Products shall be deemed not completed. The charge for the price of the Products, the shipping service costs –if applicable–, as well as any applicable taxes, will be made at the time of formalizing the order.

6.2. As an electronic payment system, TIBET IMPORT has installed an e-commerce payment gateway. All data provided to TIBET IMPORT for these purposes is encrypted to ensure maximum security. They are hosted on a secure server certified according to the “Secure Socket Layer” protocol. In no case will the data provided by Customers through the payment gateway be stored, and it will only be kept while the purchase is made, the payment is processed, and until the withdrawal period has elapsed.

6.3. TIBET IMPORT reserves the right to cancel the username and password, and therefore access to the Online Channel, for those users who maintain outstanding or unpaid balances with any Point of Sale.

6.4. You can also pay quickly and securely with your PayPal account, without sharing financial information with TIBET IMPORT. You will be redirected to PayPal’s secure pages, where you must enter your PayPal account credentials and accept the charge. Then you will be returned to TIBET IMPORT’s confirmation page, where you can confirm the payment status.

7. PICKUP AND DELIVERY OF THE PRODUCTS.

7.1. Products whose purchase has been made through TIBET IMPORT’s Online Channel may be picked up at the Sales Point establishment that the Customer selects when formalizing their order, or they may also be sent to the postal address indicated in the order form, provided that the same does not correspond to a post office box or public places, such as the public road, squares, stations, airports, or similar.

7.2. Home Delivery.- In the event of a request for delivery of the order to the home, the delivery will be made, in general, between one and three business days from the order confirmation, at the postal address included in the order details, and not exceeding the maximum period of 30 days from the purchase confirmation, unless force majeure. The delivery note will be sent along with the Product or Products.

In order to ensure the highest quality and satisfaction of our customers, our transportation, installation, and commissioning service for large household appliances is limited to certain areas of the national geography. You can check the service availability in your area during the online purchase process, after selecting the product and entering the delivery address.

The transportation company will preferably communicate with you via SMS to inform you of the day the delivery will take place. In case you are not found at the delivery location, a second attempt will be made, of which you will also be notified via SMS. In case the order cannot be delivered on this second attempt, the transportation company will send it to the franchise, where you will have up to 10 days to pick it up. At all times, the transportation company will inform you via SMS of the two delivery attempts as well as the remaining period you have to pick it up at the franchise.

8. RIGHT OF WITHDRAWAL FROM ORDERS.

The User is recognized the right to withdraw from the purchase made through the Online Channel, and therefore, if not satisfied, may return the Product within a maximum period of fourteen (14) natural days from the date of acquiring possession of the product/s or from the formalization of the contract in the case of contracting service provisions.

The right of withdrawal may be exercised through the following channels:

  • Through the After-Sales Service of the nearest TIBET IMPORT Distribution Network establishment, always providing the Purchase Receipt.
  • Through the Online Channel, by filling out the web form attached to the return request.
  • By contacting the Customer Service, where the steps to follow will be indicated.

The return will include the purchase amount and, if any, the delivery costs; however, if the Customer has selected a delivery method different from the least expensive ordinary delivery method, TIBET IMPORT will only refund the amount corresponding to ordinary delivery. The return will be made using the same payment method with which the Product was acquired, deducting the return costs which will be borne by the customer.

The Customer must return the products subject to withdrawal without any undue delay and, in any case, no later than within 14 natural days from the date on which the decision to withdraw is communicated.

The refund of the amount corresponding to the withdrawal will be made within a period of 14 natural days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated, and provided that the goods or products subject to withdrawal have been previously received; otherwise, the payment may be withheld until receipt of said goods or until the Customer proves the return of the goods.

The following are excluded from the right of withdrawal:

  1. The provision of services, once the service has been fully executed.
  2. The supply of goods or services made in accordance with the Customer’s specifications or clearly customized.
  3. The supply of sealed goods that are not suitable for return for reasons of health or hygiene protection and that have been unsealed after delivery.
  4. The supply of sealed sound or video recordings or sealed computer software that have been unsealed by the Customer after delivery.
  5. The supply of digital content (not supplied on a tangible medium) when the execution has already begun. The Customer expressly knows that once the digital download has started, the right of withdrawal will be lost.
  6. Any other good or service covered by art. 103 of RDL 1/2007, of November 16.

The Customer will be responsible for the decrease in value of the goods resulting from handling them other than that necessary to establish their nature, characteristics, or functioning. In any case, for the purposes of exercising the right of withdrawal, it is necessary that the Products be returned in their original packaging along with the invoice; if returned without said original packaging or with defects, the amount to be refunded to the Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transportation.

9. GUARANTEES

When the purchased Product or Products exhibit a lack of conformity due to not matching the offered characteristics, present defects that prevent their normal use according to their nature, or do not provide the described performances for the same, the Client shall have the right to the remediation of the acquired good within a period of two years from the purchase and under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users, without prejudice to the powers of the Point of Sale to verify the veracity of the defects, their origin, and the time of their appearance. In any case, the Client must contact or request the collection of the product from the Point of Sale within a maximum period of two months from the detection of the defect, and must inform about the nature of the problem, the time, and the conditions of its appearance. Likewise, the Client has the right to the remediation of the good following the rules of article 118 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the applicable legislation on the warranty for the sale of consumer goods shall apply. If the product is defective, TIBET IMPORT shall be responsible for the replacement of the product whenever possible, without any expense to the Client. In the event that replacement of the product cannot be made due to availability reasons, a full refund of the purchase will be made.

10. After-Sales Service.

We inform you that any query, suggestion, complaint, or claim related to the online sale of the Products can be made through our Customer Service, whose full details appear in point 0.5 of these conditions.

TIBET IMPORT cannot guarantee the technical continuity of the Online Channel, the absence of service failures or interruptions, nor that the Online Channel will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components in the Online Channel or on the server from which it is supplied.

11. DISCLAIMER

TIBET XPORT cannot guarantee the technical continuity of the Online Channel, the absence of faults or service interruptions, nor that the Online Channel will be available or accessible one hundred percent of the time. It also cannot guarantee the absence of viruses or other harmful components in the Online Channel or on the server from which it is supplied.

12. PERSONAL DATA PROCESSING.

All information provided during the hiring process will be stored by TIBET IMPORT, in its capacity as manager of the Online Channel, and responsible for processing the order data on behalf of the Point of Sale. The data thus collected will be transferred to TIBET IMPORT chosen by the Customer, to the transport and logistics company in charge of delivering the item acquired through the website www.tibetimport.com, and to any other operator involved in the purchase and delivery process, for the purposes of fulfilling the contract or contracts with the customer and the relationships arising therefrom. You expressly consent to the processing of the data you provide to us in order to send you information of interest, news, and offers about TIBET IMPORT’s products and services through any means, including mail, email, SMS, etc. To unsubscribe from the advertising communications service, you can do so through tibetimport.com. You can also contact TIBET IMPORT, with CIF 39341966r and registered office at C/ Clariana s/n Olius – Solsona, to exercise your rights of access, rectification, cancellation, and opposition. The processing of personal data by TIBET IMPORT, as well as any other information requested for access and use of the Online Channel, will be governed by the provisions of the Privacy Policy of the website www.tibetxport.com.

13. GENERAL

The present conditions have been disclosed with due advance notice, in accordance with current legislation. Likewise, TIBET IMPORT makes these Purchase Conditions available to you, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.

TIBET IMPORT reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Online Channel, its functionalities, and/or the contents incorporated therein. You expressly acknowledge and accept that at any time TIBET IMPORT may interrupt, disable, and/or cancel access to and/or use of the Online Channel, without TIBET IMPORT being liable for it.

In the event that any provision or provisions of these Purchase Conditions are deemed null or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or inapplicability shall not affect the remaining provisions. In such case, the affected clause or clauses shall be replaced by another or others that have the most similar effects to those replaced.

14. APPLICABLE LEGISLATION

These present Conditions have been prepared in accordance with the provisions established in Law 34/2002 on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in implementation of Article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007, of November 16, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating Electronic Signature, and all legal provisions that may be applicable.