These Conditions and Purchase together with the Legal Notice and the Privacy Policy regulate the sale and purchase of the services and products offered by ALOS PLA, SL and its Clients through the website (hereinafter, the "Website").

These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Clients and other complementary laws and Law 7/1996 on the Regulation of Retail Trade.

The validation of the order by the Client expressly implies knowledge and acceptance of these Purchase Conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by the Website constitute proof of all transactions carried out between ALOS PLA, SL and its Clients.

1. GENERAL CHARACTERISTICS OF THE PRODUCTS

Through the Web, ALOS PLA, SL makes available to its Clients the marketing of terracotta figures typical of Catalan culture, the “caganers”, both in their original conception and new reinterpretations based on the figure of famous people, athletes , politicians, etc.

The scope and characteristics of the contracted services are those included in these Conditions of Sale, on the Website and in the order and payment confirmation emails sent by ALOS PLA, SL to the Clients.

2. PROCEDURES FOR CELEBRATION OF THE ORDER

To place an order it is necessary to connect to the Website and create a personal account, in the "Create Account" section, completing the electronic form with your full name, identification document, date of birth, contact information and password. The form fields marked with an asterisk (*) are mandatory, the others are optional.

Then, the Client may choose whether they wish to receive an electronic newsletter with news and offers on products on the Website and, finally, expressly state by confirming in a box whether they accept the General Purchase Conditions and the Privacy Policy, respectively. It is important that the Client reads both documents carefully before clicking the continue button.

If the Client has entered all the data correctly, they will receive an email confirming the registration in less than an hour. From then on, you can select the products of interest and make the purchase.

After selecting the products of interest, adding them to the Cart, the Customer must press the "Buy" button. At this time, the delivery address will appear on the screen initially informed, which can be modified using the “Change address” button. The Customer will select the shipping method of their preference, and add the comments they deem relevant for the receipt of their order. Next, you will press the “Continue” button, thus accessing the payment method screen, where you must select the billing address and the payment method. 

Finally, the Client will be able to view all previously validated information on the screen and, if necessary, make modifications. If you agree with the information indicated, you can press the “Confirm order” button. From this moment, the Client will be redirected to a secure payment platform, according to the selected payment method, and will be able to enter their bank details according to what is requested on the screen. Once payment is confirmed, the Customer will receive an email in less than 24 hours with a confirmation of receipt of the order and will be able to view and print a document justifying the purchase made. The Customer may request information about the status of the order by contacting us by email or telephone.

During the registration procedure and subsequently, by accessing the Client's personal account, the Client will have the possibility to correct errors in the entry of their data. To correct errors after sending the form, the Client must contact ALOS PLA, SL by email info@caganer.com, or by phone 972980394.

Throughout the purchase process, the Client is guaranteed the security of the information and personal data, since the Website is protected by the https:// protocol.

3. PRICE AND PAYMENT METHOD

The prices of the products and taxes for each specialty will be those established on the Website for each product. All prices published on our website are with Spanish VAT included.

The Client may make payment by credit card, via PayPal or by bank transfer. When the Client chooses to make payment by credit card, they will be redirected to a secure platform, where they can enter their bank details. To pay with PayPal it is necessary to be previously registered through their system on the website www.paypal.com. When choosing to pay by transfer, the Client must do so up to 48 hours after confirming receipt of the order. After this period without payment being made, the order will be automatically cancelled.

4. FORM, EXPENSES AND DELIVERY TIME

CAGANER.COM uses the company UPS to deliver CUSTOMER orders. The shipping methods offered are: UPS Standard and UPS Express Saver. The products are sent to the address indicated to us by the CUSTOMER at the time of placing the order.

In the event that one or more items in the order are not in stock, CAGANER.COM will contact the Customer in order to inform the delivery time. In exceptional cases, CAGANER.COM will reserve the right to break down the order, sending the available items and leaving the unavailable items pending a second shipment. In this case, the second shipment is made without any additional cost to the Client.

Shipping costs vary according to the shipping method chosen by the Customer and the delivery location. The expenses will be shown to the Client before finalizing the purchase. To calculate shipping costs before completing the purchase, the Customer may consult the corresponding tables through the links available below. First of all, the Client must locate the area in which the order will be delivered in the following links: table of national areas and table of international areas. With the zone number, the Customer will be able to consult the price relative to the weight of the product: national shipping costs, shipping costs to the European Union, shipping costs to other countries. A small increase proportional to the variation in fuel costs will be applied to the prices referenced in these links.

The Client must take into account that when the volumetric weight of the package is greater than the actual weight, the price relative to that will be applied. The volumetric weight is calculated by multiplying each of the packaging measurements (normally, 40X30X20) and dividing the result by 5000.

Shipping costs to the Canary Islands, Ceuta, Melilla and areas not belonging to the European Customs Union do not include import taxes and duties, which will be paid in cash at destination by the recipient of the merchandise.

The shipping period for the UPS Standard mode is 48 hours from the confirmation of receipt of the order. The UPS Express Saver modality for orders sent to the European Union will also have a delivery time of 48 hours, and orders sent to other countries will have a maximum delivery time of 72 hours.

If CAGANER.COM is unable to send the contracted products within the indicated period, it will notify the Client of this circumstance, informing them of the new period in which they will be available. In this case, the Client will have the possibility of terminating the contract and requesting a refund for the amount of the product if they had paid for it. In such case, CAGANER.COM will return the amounts paid as soon as possible, at most within a period of 14 (fourteen) calendar days from when the Client requested the refund, by the same payment method chosen.

In the event that the Customer detects any problem at the time of delivery of their order (damaged packaging, missing or damaged products), they must indicate it in writing on the carrier's delivery note, and contact our Customer Service department by phone. Customer by telephone number 972980394 or by e-mail to info@caganer.com within the first 24 hours following receipt.

5. PRODUCT UNAVAILABILITY

If the contracted product is not available, CAGANER.COM will inform the Client, who may choose between: (i) requesting a refund within a maximum period of 14 (fourteen) days of the sums paid, or; (ii) request, without a price increase, a product with similar characteristics that has the same or higher quality.

In the event that the Client requests option (ii), they may exercise their rights of withdrawal and resolution under the same terms as if it were the product initially requested, and must pay the return costs only when shipping by a delivery method. different from the less expensive type of ordinary delivery offered by CAGANER.COM.

(APPLICABLE ONLY IF THE TYPE OF PRODUCT/SERVICE IS NOT INCLUDED IN THE EXCEPTIONS OF ART, 103 RD 1/2007)

6. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods.

To exercise the right of withdrawal, you must notify us:

Anna Maria Pla Massot

Av.Francesc Macia nº11

Torroella de Montgri - Girona

Catalonia (Spain)

(0034)972980394

info@caganer.com

Your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition comes first.

You must return or deliver the goods to us directly to:

Anna Maria Pla Massot 

Av.Francesc Macia nº11

Torroella de Montgri - Girona

Catalonia (Spain)

without undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired. You must assume the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal form template

– For the attention of [the name of the business owner, his full address and, if available, his fax number and email address must be inserted here]:

– I hereby inform you (*) that I/we withdraw from our (*) contract for the sale of the following good/provision of the following service (*)

– Ordered on/received on (*)

– Name of the consumer and user or consumers and users

– Address of the consumer and user or consumers and users

– Signature of the consumer and user or of the consumers and users (only if the present

  form is submitted on paper)

- Date

(*) Strike out what is not applicable.”

7. PRODUCT WARRANTY

CAGANER.COM guarantees that the products sold are in accordance with the contract, responding to it for a period of 2 (two) years for any lack of conformity that exists at the time of delivery of the product. To do this, the Client must inform ALOS PLA, SL of the lack of conformity of the product within a maximum period of 2 (two) months from when they became aware of it. The warranty does not cover deficiencies caused by negligence, impacts, incorrect use or improper manipulation.

Taking into account the nature of the product, it will be understood that the products comply with these Conditions of Sale, unless proven otherwise by the Client. If the Client verifies the lack of conformity of the product, they may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. Repair and replacement must be carried out within a maximum period of 30 (thirty) days. 

When the Client could not demand the repair or replacement of the product, or in cases in which these have not been carried out within the period of 30 (thirty) days indicated previously in this clause, the Client may choose between requesting a reduction in the price or the termination of the contract. The resolution will not proceed when the lack of conformity is of minor importance.

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.

To report a lack of conformity, request a repair or replacement, the Customer must contact the CAGANER.COM Customer Service department by sending an email to info@caganer.com or by calling 972980394. CAGANER.COM will inform the Client how to proceed to return the product. 

8. REFUND OF AMOUNTS PAID

When, in accordance with clauses 5, 6 and 7, the Client has the right to a refund of amounts paid, the refund will be made through the payment method used in the purchase, except for having paid cash on delivery, in which case The return will be made by transfer.

CAGANER.COM will not refund the amount or resend any merchandise until the receipt and condition of the item being returned or exchanged has been verified. Once the correct condition of the returned product has been verified, CAGANER.COM will proceed to refund the amount within a maximum period of 14 (fourteen) days.

9. GENERAL INFORMATION

CAGANER.COM will archive the electronic document in which the contract is formalized. It will be accessible to the Client through the Web, and in addition, the Client may request a copy of it by contacting our Customer Service department by email at info@caganer.com.

The contract and documents related to the purchase of the products may be made in Catalan, Spanish or English. In case of doubt or contradiction, the Spanish version will prevail over the others.

10. CUSTOMER SERVICE

Customers may direct their questions, complaints or claims to CAGANER.COM by postal mail, email or through the telephone number provided on the Website. CAGANER.COM undertakes to offer a response to the Client in the shortest possible time.

11. APPLICABLE LAW AND JURISDICTION

These Purchase Conditions are governed by Spanish law. The parties submit to the courts and tribunals of the consumer's domicile for the resolution of conflicts arising from this contract.