The following is the contractual document governing the contracting of products and services through the website www.pekastoreonline.com (.es, .eu, .fr, .it, .de, .ru, .cl) and www.pekaonline.com (.es, .eu, .fr, .it, .de, .ru, .cl), (hereinafter the Website), owned by Peka Therm SL (hereinafter the Provider).
Acceptance of this document implies that the User:
- You have read, understand and understand what is set out here.
- That is a person with enough capacity to hire and over 18 years old.
- That assumes all the obligations here.
These Terms shall have an indefinite period of validity and shall apply to all contracts made through the Website owned by the Provider.
The Provider reserves the right to unilaterally modify these Terms, without affecting the goods or promotions that were acquired prior to the modification, for which it will always show the version and date thereof.
IDENTITY OF THE PARTIES
On one part, the Provider of the products or services is:
Peka Therm SL
Carrer K1. Can Puigdemir 08471 Vallgorguina (Barcelona – Spain)
Contact details. Phone: +34 938 484 376. e-mail: [email protected]
And on the other part, the User, who accesses the website and is interested in contracting such products or services (hereinafter the User).
Information about the Provider’s activities
The Provider is a company dedicated to the marketing of textile heat articles of maximum security, adjusted to all regulations and with the seal of European design. Founded in 2009, online commerce is oriented to the Spanish and international market, under the brand name Peka®.
On this website, the contracting of services is of type B2C: business to consumer, that is, transactions are carried out between the online business or virtual store and a consumer.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of purchase sale born between the Provider and the User at the time when the Latter accepts, during the online contracting process, the corresponding box.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
The procurement procedure may only be carried out in Spanish and English. In the event, that in the future it could be carried out in another language will be indicated before the start of the contracting procedure.
This contract will be regulated by Spanish law, including law 3/2014, of March 27, which amends the consolidated text of the General Spanish Law for the Defense of Consumers and Users and other complementary laws, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE) and privacy regulations.
In order to carry out the contracting process and access the services offered by the Provider, the User must register on the website. To do this you must register by creating a User account and provide, freely and voluntarily, the personal data that will be required, choosing a username and password, for which you have full responsability for use and custody.
You will receive a welcome email informing you of the username and password with which you have registered and for activation of your account. If the user does not confirm their account, this registration will not be valid.
The User undertakes to make diligent use of them, and not make them available to third parties, as well as to inform the Provider of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds with immediate blocking.
The User shall be solely responsible for any direct or indirect damage or damage that may be caused by the person responsible for the Website due to the completion of the forms with false, inaccurate, incomplete or outdated data. The Provider shall endeavour to diligently verify the veracity of such data, reserving, without prejudice to other actions that may correspond to it, the right not to register or to unsubscribe those users who provide false or incomplete data.
The User may access to modify or cancel his/her personal data, as well as the rest of the data provided, by accessing his/her account or profile. To do this, you should go to the “My Account” section at the bottom of the page, above, on the right.
The User is informed that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the procurement procedure will follow the following steps:
All products appearing on the Website have additional information available in accordance with Articles 60, 63 and 97 of the General Law for the Defense of Consumers and Users and Articles 27 and 28 of the LSSICE.
The Provider shall take reasonable precautions to ensure that all details, descriptions and images of the products appearing on the Website are correct at the time the relevant information is entered into the system. However, to the extent permitted by applicable law, such product details, descriptions and images are not guaranteed to be accurate, complete, reliable, up-to-date or error-free.
The Provider will check regularly if all prices shown on the Website are correct. In case of an obvious error in the price of a product, the User will be given the opportunity to purchase the product at the correct price or cancel the order.
Due to customs and logistics costs, no shipments are made to the Canary Islands, Ceuta or Melilla. Only orders to the Peninsula or Balearic Islands will be served.
Peka Therm SL also distributes its products outside Spain to France, Italy, Germany, United Kingdom, Belgium, Austria, Holland and Portugal.
Shipping costs will be added to the price of the products and are indicated separately in the order form in the box “Shipping costs”, being free in Spain.
Shipping costs for other countries within Europe, are applied depending on the destination and are currently 4,00 €.
The price of the shipment will be automatically charged on the invoice at the time of purchase and charged together with the order, so the User will not have to pay any amount when he receives it.
Depending on availability, orders will be served within a maximum period of:
– 4 days: in mainland Spain.
– 4 days: in the Balearic Islands.
– 7 days: outside Spain.
Delivery times depend on several factors, so please note that the delivery will be made within the indicated period, unless within the same period we notify the User, including by email, that the products ordered are not available, or that they are not temporarily available.
Delivery times may be altered by public holidays or on the eve of public holidays. No deliveries will be made on Saturdays and Sundays, as well as public holidays or post-public holiday.
To avoid any errors in shipments, it is essential that when placing your order, please indicate all the required data correctly in the form. All orders will be delivered as indicated in the “Delivery Deadlines” item.
You will receive your order through the Transport and Logistics Company with whom the Provider has signed a contract for the custom processing of data for the delivery of parcels.
STEP 1. Cart
- To place an order, the User must click on the “Add to cart” button to place the selected product and the desired quantity in the Cart.
- The User may check at any time during the purchase process the products that are included in the Cart.
- The User must follow the instructions on the screen to execute the “checkout” process in the same order as indicated.
- The User may always correct any errors in the data entered, change the contents of the Cart, may add or remove one or more products from the cart, or cancel the entire order during the “checkout” process before formalizing the order.
- By formalizing an order, the User acknowledges and declares that he/she has read all the instructions provided to him/her during the purchase process and fully accepts these General Conditions of Sale.
- The User places an order for products through the Website by checking the box “I have read and accept the general conditions of sale” and making the corresponding payment by choosing the payment method of choice.
STEP 2. Payment details
- The User must identify himself/he/she must be in the system before confirming the order either:
- Through your Registered User account (Login with your username and password).
- Creating a new account.
- In the event that the User is registered on the website, he/she must confirm the shipping address by checking the data displayed on the screen, being able to access them to update them.
- Otherwise, you must enter the personal data requested by entering all the fields that are marked with an asterisk (*) because they are required fields.
- You can enter additional information to join the order by writing it down on this screen.
- To proceed with the payment, you must first and expressly accept these general conditions of sale by means of acceptance on this same screen.
The User is informed that, according to Article 98.2 of Law 3/2014, of March 27, which amends the consolidated text of the General Spanish Law for the Defense of Consumers and Users, is placing an order with payment obligation.
You expressly confirm that you are aware that the order you are completing implies an obligation to pay, and to do so, then you will choose the payment method you want in the corresponding section and, by clicking “Buy Now” you will make the payment of the same.
For the payment of the order, the User can choose from the following options:
- Paypal: the User will be directed to the Paypal page to make the payment securely through the account that the User has open. Paypal sends the User a receipt of proof of the transaction. PayPal protects your financial information with industry-leading fraud prevention and security systems. When using PayPal, financial information is never shared with the seller.
It is advisable to print the proof of the operation you make through the payment gateway or the payment platforms existing on this website.
This website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to personal data. To achieve these purposes, the User agrees that the Provider obtains data to perform the corresponding authentication of the access controls.
The User is reminded that all credit card holders are subject to validation and authorization checks by the card issuer. If the issuer of the User’s payment card refuses, or for any reason does not authorize, the payment in our favor, either prior to or after a payment, the provider will not be liable for any delay or non-delivery.
STEP 3. Order completed
Once the payment is made, the User receives an e-mail informing him/her that his/her order has been successful.
Once you have placed your order, you will receive a confirmation email (“Order Confirmation”) with all purchase details. That is the verification that your order was successful. It informs the User that they can review it and download their invoice in “Order History”, within “Your Account”.
If you have made your purchase and do not receive the confirmation email within one hour, please contact us via the ways indicated at the beginning
In accordance with Article 63 of the Consumer Act and Article 28 of the LSSICE, the order confirmation email contains a summary of the Terms and Conditions set forth herein, information on the essential characteristics of the products purchased, a detailed indication of the price and method of payment, information about shipping costs, information on the conditions and methods for returning the products, the non-application of the right of withdrawal on some items and the address for sending complaints or complaints, as well as a link to this document.
A communication will then be sent informing you that the order is being processed (“Preparation in progress”).
Subsequently, once your order has been received and verified, it will be prepared. Finally, the transport company will be notified, to proceed with the collection and subsequent delivery within the indicated deadlines (see above “Delivery Deadlines”).
If the User has any doubts or concerns when placing an order or if he/she wishes to make any questions about an order placed, start the return process or the exercise of the right of withdrawal, if applicable, he can contact us through:
- Phone: +34 938 484 376
- E-mail: [email protected]
- User Service Hours: Monday to Friday, not holidays, 8:00 to 13:00 and from 14:00 to 17:00
To expedite the service, it would be advisable for the User to have a copy of the order.
As long as you are a registered user, the User can check the status of his/her most recent orders by visiting the “Your Account – My Orders” section. This is the easiest and fastest way to get the most up-to-date information regarding orders, although you can always contact our Customer Service.
The delivery of the orders will be made at the delivery address freely designated by the User. Thus, the provider assumes no responsability for when the delivery of the product or service does not come as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the Provider or the shipping company, assigned for this purpose, as is the absence of the recipient.
Without prejudice to the foregoing, the provider shall take the measures required of a diligent trader so that the delivery can be made at the agreed time, and if not, as soon as possible, to the satisfaction of the sender and the recipient, so no liability can be attributed against the provider.
Cancellation of orders:
Occasionally, the system cancels orders or parts of an order for a variety of reasons. Some of these reasons may be:
- Items not available
- Impossibility to process payment information
- Impossibility to deliver to the address provided
- Impossibility to serve the order (address of the User outside those indicated)
- Formulation of a duplicate order
- Cancellation at the request of a User
If an order is cancelled, the User will receive an email explaining the reasons for the cancellation. Cancelled orders will not be charged to the User and, in the event that the cancellation occurs after collection, the amount paid in the event of a total cancellation of the same will be refunded.
If the User is interested in placing a new order or if he/she has any doubts about a cancelled order, he/she may contact us through the means indicated in the section “User Service”.
Orders will be considered delivered accordingly at the time of signature of the delivery note. It is the responsability of the consignee to verify the integrity of the packaging and document on the delivery note of the transport agency any non-conformity or damage. However, different situations may occur where the return of part or all the order served is necessary.
If the items served do not convince you or are not what you expected and you do not wish to receive any items in return but that you are refunded the amount paid, you should go to the next section “Withdrawal”.
If you check when you open the order, you see that:
- The items served do not comply with the agreement in the order, are not the ones you ordered, we have served a different variety, it is not the size or color of the item you ordered, the items have arrived damaged/broken, etc. In this case, the error or incident would be attributable to the Provider.
- The items served were not the ones you thought to choose because you were wrong to select your order, the chosen size does not fit you and you want to change it to another size, or you want to exchange it for a different item, etc. In this case, the error or incident would be attributable to the User.
In both cases you must inform us in full before 24 hours. from the receipt of the request your non-conformity, clearly and detailed the reasons for its non-conformity, through the process indicated below. You can send us an email, accompanied by a photograph you can take with your mobile phone if you wish.
We will proceed to replace the order as soon as possible by sending it to the same address as the previous one, with the expenses paid, if the incident is attributable to the Provider, or with expenses at his expense if the incident is attributable to the User.
– We will only accept TWO changes in returns of the same item.
– Returns of items that have already been used, washed or that give off strong perfume or fragrance smells will not be accepted.
You must request a return form on 93.848.43.76 or in our [email protected] email account.
Once completed, you must send us the order to our warehouses, in the best possible conditions, including in the package a copy of the return form.
In the event that the error or incident is blamed on the Provider, you must send us a copy of the shipping costs paid by you so that we can reimburse them.
Below we would appreciate it if you would contact again by e-mail in order to keep an eye on the arrival of the same. At the time we receive it, we will proceed to replace the items with which you are not satisfied, sending you the order again.
Right of Withdrawal:
Pursuant to Article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the User will have a period of 14 working days, counted from the date of receipt of the product, to withdraw from the contract without indicating the reason and without incurring any other cost other than the return, but must communicate it to us in that period.
The right of withdrawal applies only to final consumers, not to companies and only to particular products or services.
According to Article 103 of the aforementioned regulations, the User may not exercise his right of withdrawal if:
- If the product is not presented in perfect condition.
- If the packaging of the product is not the original or these are not in perfect condition. The original packaging must protect the product in a perfect condition, and the use of seals and adhesive tapes applied directly on it is prohibited.
- When the product is open without being able to prove that it has not been used.
The costs related to the shipment of the items from which the right of withdrawal is exercised, will be borne by the User.
You must request a withdrawal form in 93.848.43.76 or in our [email protected] email account.
Once completed, you must send us the order to our warehouses, in the best possible conditions, to paid freight, including in the package a copy of said form.
Returned orders must be in perfect condition, in their original packaging and with the accessories/gifts/other extras with which they have been delivered. Since seals and labels may have been broken when opened, they must keep at least some trace that allows us to identify the order as ours. In some articles, for obvious reasons, of health and hygiene protection, the right of withdrawal shall not be valid if the products have been opened or unsealed or if they show obvious signs of having been tampered with or used.
In the event of doubt as to the state in which the User makes the return, the criterion of the specialized personnel of Peka Therm SL will always prevail, after inspection and verification of the item, in order to ensure that no fraudulent returns are made of products that have been used, washed or that arrive in bad condition.
In all cases, the User may cancel his/her order as long as it has not been shipped. If the order has already left our facilities, the User may proceed to the immediate return of the same once he has received it.
At the time the User has received his/her order, he/she may change a product included in the order, without waiting for the return and refund to be processed. If the new product is priced lower than the product that the User wishes to change, the difference will be refunded, although he/she will have to pay the shipping costs of the new product.
Price and term of validity of the offer:
Prices for each product include Value Added Tax (VAT). All prices are expressed in the Euro currency.
They do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased as these must be calculated at the time of placing the order.
The prices applicable to each product will be those published on the website and will be applied automatically by the contracting process in the last phase of the same, including shipping costs.
The User assumes that in any case the economic valuation of some of the products may vary in real time. This particular case will always be communicated in advance to Users.
Any payment made to the provider will result in the issuance of an invoice in the name of the Registered User. Such invoice can be downloaded from your user account on our website.
For any information about the order, the User will have the telephone number of attention to the User of the provider that is 93.848.43.76 or via email to the e-mail address [email protected]. In any case, the order number assigned to it, which also appears in the order confirmation email, must be indicated in the subject line of the message or to the tele-operator.
Online Dispute Resolution:
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the User and the Provider, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Agency, which acts as an intermediary between the two. This agency is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict. Link to ODR platform: http://ec.europa.eu/consumers/odr/
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of three years, and will respond to the provisions of the Title referred to “Warranties and after-sales services” of the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, which can be accessed by clicking here.
Consumer warranties 2022
Update Royal Decree-Law 24/2021, of November 2.
Modification of the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, 2007.
Modification of Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
EU Directive 2019/771
Technological development and the digital internal market make it necessary to update and adapt the existing rules on consumer guarantees in case of lack of conformity of consumer goods, including goods with digital elements or digital content and services. As a result, on January 1, 2022, the old Directive 1999/44/EC was repealed and two new rules were adopted:
- EU Directive 2019/771 on certain aspects of contracts for the sale of goods.
- EU Directive 2019/770 on certain aspects of contracts for the supply of digital content and services.
The application of these Directives has been incorporated into the Spanish legal system through Royal Decree-Law 7/2021.
EU regulations state that the seller must offer the consumer a minimum warranty (legal guarantee) as protection against defective products or products that are not or do not perform as advertised.
Apart from the minimum legal warranty, the manufacturer may offer the consumer or user more favorable conditions through its commercial warranty. Warranties appearing in advertisements shall be binding.
If you as a consumer do not know which situation applies to you, you can also consult the consumer rights tool, which will help you to understand your rights when shopping in the EU, although national laws should be taken into account.
Duration of the minimum legal warranty for lack of conformity
- New products:
- For goods acquired as of 01-01-2022, it will be 3 years.
- For assets acquired before that date, it will be the one in effect at that time, i.e., 2 years.
- Second-hand products:
- The buyer and seller may agree on a warranty period of less than three years, but in no case may it be less than one year.
- Products with digital elements:
- The warranty will be for 2 years.
Lack of conformity and burden of proof
What is non-conformity?
A situation in which the product or service does not conform, in whole or in part, to the conditions of normal use. For example:
- does not match its description
- has qualities different from the model advertised or shown to the customer
- it is not suitable for normal use or for the specific use, accepted by the seller, for which it was ordered by the customer
- does not have the quality and performance that is normal for products of the same type
- has been improperly installed (by the consumer or the supplier) due to deficiencies in the instructions supplied
What is the burden of proof?
It is a legal principle that indicates who is responsible for proving the existence of the lack of conformity, i.e. the consumer in this case.
How long does the consumer have to prove lack of conformity?
- Until December 31, 2021 (Directive 1999/44/EC): For any lack of conformity that became apparent within 6 months after delivery of the product, the defect was presumed to have existed at the time of delivery, unless it was proven otherwise or was incompatible with the nature of the products or with the nature of the lack of conformity.
- From January 1, 2022 (EU Directives 2019/771 and EU 2019/770): different deadlines are established for the burden of proof depending on whether the product is new, second-hand or contains digital elements.
In the absence of proof to the contrary, it shall be presumed that the lack of conformity already existed when the good was delivered if it becomes apparent within two years of delivery of the good.
As the warranty period may not be less than 1 year, if the defect or non-conformity appears during the first year, it will be understood that it already existed at the origin.
Products with digital elements
- Provided in a single act or in a series of individual acts: During the first year it will be understood that the lack of conformity comes from the origin.
- Continuous supply of digital content or services for a certain period of time (e.g., streaming platforms such as Netflix, HBO, Disney): The burden of proof will be on the employer for the time that the digital content or services are supplied.
Prescription of the claim for lack of conformity
The consumer has a period of 5 years for claims related to lack of conformity to become time-barred.
What to do in case of non-conformity?
EU Directive 2019/771 provides that, in case of lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement. Where the seller refuses to bring the goods into conformity, the consumer is entitled to receive a proportional reduction in price or to rescind the contract.
Repair or replacement
In case of lack of conformity, the seller shall repair or replace the product or service within a reasonable period of time after the consumer informs the seller of the lack of conformity and shall bear the cost of repair or replacement.
Warranty extension or suspension for repaired products
- Suspension of the warranty period while the non-conformity is solved.
When the consumer makes the good, the content or the digital service available to the seller to remedy a lack of conformity, the warranty period will be suspended. It will resume when the seller delivers to the consumer the good, the supply of the content or the digital service without lack of conformity.
- One year warranty for solved non-conformities.
During the year following the delivery of the good, the supply of the content or the digital service already in conformity, the retailer shall be liable for any new lack of conformity arising from the same defect.
Discount and termination of the contract
In the event of a lack of conformity, the consumer is entitled to a price reduction or cancellation of the contract in the following cases:
- The seller has not completed the repair or has not replaced the product.
- A nonconformity appears even though the seller has tried to resolve it.
- Non-conformity is of such a serious nature that it justifies an immediate reduction of the price or termination of the contract.
- The seller has stated, or it appears from the circumstances, that it will not bring the product into conformity within a reasonable time or without significant inconvenience to the consumer.
As a general rule, the consumer would be entitled to a price reduction or refund, after a single unsuccessful repair attempt. The price reduction should be proportional to the diminished value of the goods.
Termination of the contract
The rescission of the contract may not be requested if the lack of conformity is minor and it shall be the seller’s responsibility to prove it. The rescission of the contract may be partial.
Repair and after-sales service
As of 01-01-2022 manufacturers are obliged to have spare parts available to repair their products for 10 years after they cease to be manufactured. During this time, they must also provide adequate technical service.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters that are not expressly established. The provider and the User agree to submit any dispute that may arise from the provision of the services or the delivery of the products subject to these Conditions, to the Courts and Tribunals of the User’s domicile.
In the event that the User is domiciled outside Spain, the provider and the User expressly waive any other forum, submitting to the Courts and Tribunals of the city of Vallgorguina, Barcelona (Spain).