General conditions of sale
1. GENERAL INFORMATION
The ownership of this website, https://www.granadawanderer.com//, (hereinafter Website) is held by: Juan Ramón Lerma Martos, provided with NIF: 77327745C, whose contact details are:
Address: 34, La Cañada St., Zip Code 18199 – Cájar (Granada, Spain)
Phone: +34 667565673
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://www.granadawanderer.com//) and the purchase or acquisition of products and / or services in the same (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Granada Wanderer develops through the Website includes: contracting tourist packages, tourist guide services, tickets to monuments, establishments such as Arab baths or gastronomic experiences.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the time of purchasing products and / or requesting services will be applicable.
For all questions the User may have in relation to the Conditions, contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility to correctly use the Website. This responsibility will extend to:
• Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
• Provide true and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be 18 years of age or over and have the legal capacity to enter into contracts via this Website.
The Website is aimed mainly at Users residing in Spain. Granada Wanderer does not guarantee the Website complies, neither totally nor partially with the laws of other countries. Granada Wanderer declines any responsibility that may arise from said access and does not guarantee shipments nor provision of services outside of Spain.
The User may choose to formalize with Granada Wanderer the sale’s contract of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website via the established means and forms. They must follow the online purchase and / or acquisition procedure of https://www.granadawanderer.com//, during which several products and / or services are selected and added to the cart, basket or final purchase space and, confirmed by clicking on «Place the order».
Likewise, the User must fill in and / or check the information requested in each step. During the purchase process, before making payment, the purchase details can be modified.
Next, the User will receive an email confirming that Granada Wanderer has received the order or request for purchase and / or provision of the service, i.e., the order confirmation. Where appropriate, you will also be informed by email when your purchase is being shipped. Likewise, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email, and where appropriate, through their personal connection space to the Website. Likewise, the User may, if they wish, request a paper invoice copy from Granada Wanderer vía the contact spaces on the Website or through the contact details provided above.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustively, and according to each case: name, price, components, weight, quantity, color, product’s details, or characteristics, the way in which they will be carried out and / or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Granada Wanderer is not the manufacturer of the products sold or that could be marketed on the Website. Although Granada Wanderer makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.
All purchase orders received by Granada Wanderer via the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties with product supply or there are no products in stock, Granada Wanderer will attempt to contact the User and reimburse any amount that may have been paid. This is also applicable in cases where the provision of a service is unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different issue is indicated and applied by legal requirement, especially in relation to VAT.
However, and unless otherwise indicated, the prices of the items offered excludes any potential shipping costs, which will be added to the total amount due at the time of the shipping procedure. The User will consult the available shipping methods and costs, choosing the option that best suits.
The Website will not add any additional costs to the price of a product or service automatically, only those costa the User has selected and chosen.
Prices may change at any time, however price modifications will not affect orders or purchases if the User has already received a confirmation.
The accepted means of payment will be: credit or debit card.
Granada Wanderer uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions via the Website. A secure payment system, SSL (Secure Socket Layer) is employed by the Website.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Granada Wanderer will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Granada Wanderer receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, the established place.
By clicking on “Place the order” the User confirms ownership of the payment method.
When physical delivery of contracted goods is required, deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands), except for cases of unforeseen or extraordinary circumstances derived from the product customization. The products listed in each purchase confirmation will be delivered according to the terms indicated on the Website and the shipping method selected by the User and / or within 30 calendar days from the date of order confirmation.
If for any reason, Granada Wanderer could not meet the delivery date, the User will be contacted to inform of the situation. The User can choose to proceed with the purchase and establish a new delivery date or cancel the order, receiving a full refund of the price paid. Please notr, home deliveries are only made on week days.
If it is impossible to deliver the order due to the User’s absence, it will be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the place of delivery during the agreed time slot, Granada Wanderer must be contacted to arrange delivery for another day.
In the event that 30 days have elapsed since the order has been made available for delivery, and it has not been delivered for reasons not attributable to Granada Wanderer, Granada Wanderer will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of contract termination, all payments received from the User will be returned, without any undue delay or within a maximum period of 14 calendar days from the date the contract is terminated, except for any additional costs resulting from the User’s own choice of delivery method if more than the less expensive mode of ordinary delivery offered by the Website.
However, the User must bear in mind that any transport costs derived from this situation may be additionally payable.
For the purposes of these Conditions, it will be understood that delivery has occurred at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by a receipt order signature at the agreed delivery address.
Any risks arising from the products will be borne by the User upon delivery. The User acquires ownership of the products when Granada Wanderer receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after full receipt of the amount to be paid to Granada Wanderer.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in Spanish VAT territory 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 all times depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is made aware that if they detect an error when entering data necessary to process their purchase request on the Website, they may modify said data by contacting Granada Wanderer via the contact spaces enabled on the Website, or via the Contact Customer Service option and / or by using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User via their personal connection space to the Website.
Before clicking on “Place the order”, the User has access to the space, cart, or basket where their purchase requests are noted and modifications can be made.
In the cases in which the User acquires products on or via the owner’s Website, they are 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, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorization, other than the carrier, takes material possession of the goods purchases on the Granada Wanderer Website. In the event the goods making up the order are delivered separately, the 14 calendar day period begins on the day the User or a third party authorization, other than the carrier, takes material possession of the last of the goods ordered. In the case of a service contract, a 14 calendar day period begins from the day the contract is signed.
To exercise this right of withdrawal, the User must notify Granada Wanderer of this decision. This can be done via the contact spaces provided on the Website or via:
The User, regardless of the means choosen to communicate this decision, must clearly and unequivocally express this intention to withdraw from the purchase contract. The User may use the model withdrawal available on the Granada Wanderer (attached to these Conditions). however, this is not mandatory.
To meet the withdrawal period requirement the communication unequivocally expressing the decision to withdraw must be sent before the corresponding period expires. In the event of withdrawal, Granada Wanderer will reimburse the User all payments received with no undue delay, including shipping costs (with the exception of any additional shipping costs, chosen by the User, over and above the less expensive method offered on the Website). Refunds will be made no later than 14 calendar days from the date the User informs Granada Wanderer of the decision to withdraw.
Granada Wanderer will reimburse the User via the same payment method used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Granada Wanderer may retain said refund until the ordered products or items have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Granada Wanderer at: 34, La Cañada St., zip code – 18199 Cájar (Granada, Spain)
This should be done without any undue delay and no later than 14 calendar days from the date Granada Wanderer was informed of the withdrawal decision.
The User acknowledges having to pay any return costs incurred (transport, delivery) of the goods. In addition, it is the User’s responsibility regarding any decrease in the product’s value resulting from any manipulation other than what is strictly necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, but not exhaustively, this would be the case of: personalized products; perishable or expirable products; music or video CDs / DVDs without the factory-sealed packaging, as factory-sealed; products sealed for hygiene or health reasons which have been unsealed after delivery.
The provision of a service the User may contract on this Website is governed in this same sense, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has begun or been fully executed. The user acknowledges they understand that onve Granada Wanderer has fully executed the contract, the right of withdrawal is null and void.
No refund will be made if the product has been used beyond mere opening, for products not in the same condition as when delivered or that are damaged after delivery.
Likewise, the products must be returned using and / or including all original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
In the following link the withdrawal form can be downloaded:
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and therefore, should contact Granada Wanderer immediately and inform of the existing disagreement (defect / error) by using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed how to return the products, and once returned, they will be examined and the User will be informed, within a reasonable period of time, if reimbursement or, when suitable, the replacement thereof is appropriate.
A refund or replacement of the product will be made as soon as possible and no later than 14 days from the date an email confirming the refund or replacement of the non-conforming item (where appropriate), is sent. The amount paid for any returned detective goods will be fully reimbursed, including delivery costs and any additional costs the User may have incurred when returning said item. The refund will be made by the same means of payment that the User used to pay for the purchase.
The rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.
The User, as consumer and user, enjoys guarantees regarding the products that can be acquired via this Website. However, governed by legally established terms for each product type, Granada Wanderer is only obliged to respond up to two years following the product’s delivery date.
It is understood that the products are in accordance with the contract provided: they conform to the description made by Granada Wanderer, possessing said qualities stated; can be used in a suitable fashion, similar to products of the same type; and present the expected quality and performance of a product of the same type. If the products delivered to the User do not meet these standards, the User 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 present non-homogeneous characteristics deriving from specific types of manufacturing materials and thus affecting the overall individual product appearance. These are not considered defective.
On the other hand, the User may acquire via the Website, a product or brand which has been manufactured by a third party. If the product is defective (and only for up to two years after the purchase date), in this case, the User can contact the responsible brand or manufacturer to find out how to exercise his legal guarantee rights. In this situation, the User must be in possession of all the information relating to the product’s guarantee warranty.
9. DISCLAIMER OF LIABILITY
Unless otherwise stated by law, Granada Wanderer will not accept any responsibility for the following losses, regardless of their origin:
• Any losses not attributable to any default on your part;
• Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or from …..?
• Any other indirect loss not reasonably foreseeable by both parties at the time the product’s sales contract was formalized by said parties.
Likewise, Granada Wanderer also limits its liability in the following cases:
• Granada Wanderer applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for minimum differences or inaccuracies that may exist due to a lack of screen resolution, browser problema or similar IT relates issues.
• Granada Wanderer will act with the utmost diligence to make the purchase order item available to the company in charge of transporting the product. However, it is not responsible for damages arising or problemas caused by transporting said item, especially due to strikes, road retentions, and in general, any other specific traffic related issue which results in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Granada Wanderer uses all the means at its disposal to executed the purchase process, payment and shipping / delivery of the products, however it is exempt from liability for non attributable causes, unforeseeable circumstances or force majeure.
• Granada Wanderer will not be held responsible for the misuse and / or wear and test of the products used by the User. At the same time, Granada Wanderer will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
• In general, Granada Wanderer will not be held responsible for any breach or delay in fulfilling any of the obligations assumed, when due to events beyond its reasonable control or force majeure situations. This may include, by way of example but not exhaustively:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Problems arising from transporte issues (trains, boats, airplanes, motor transport or any other means of public or private transport).
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will be suspended during the period in which the force majeure occurs. Granada Wanderer will have an opportunity of time to fulfill the obligations equal to that of the duration of the force majeure. Granada Wanderer will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Granada Wanderer are electronic (email or notices published on the Website). For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all written contracts, notifications, information and other communications Granada Wanderer sends electronically comply with legal requirements. This condition will not affect the User’s rights recognized by law.
The User can send notifications to and / or communicate with Granada Wanderer via the contact information provided in these Conditions and, where appropriate, via the contact spaces on the Website.
Likewise, unless otherwise stipulated, Granada Wanderer may contact and / or notify the User by email or via the postal address provided.
No waiver by Granada Wanderer of a specific right or legal action or the lack of requirement by Granada Wanderer of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver by Granada Wanderer of any of these Conditions, rights or actions derived from a contract will take effect, unless a waiver expressly established and therefore formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document where express reference is made to these, constitute the binding agreement in relation to the object of sale between the User and Granada Wanderer. This replaces any other prior pact, agreement or promise obtained verbally or in writing by both parties.
The User and Granada Wanderer acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except for the one expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data the User provides to Granada Wanderer over the course of a transaction on the Website, will be treated in accordance to the provisions of the Privacy or data protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all information and data provided are true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website as well as product purchase contracts made via the web page will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, interpretation and execution of these Conditions, or any sales contracts between Granada Wanderer and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send complaints, claims or any other comment they wish to make to Granada Wanderer via the contact information provided at the beginning of these Conditions (General Information). In addition, Granada Wanderer has official claim sheets at the consumer’s / User’s disposition which can be requested at any time, using the contact information provided at the beginning of these Conditions (General Information). If a dispute arises after the conclusion of this purchase contract between Granada Wanderer and the User, as a consumer the User may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on dispute resolution in line regarding consumption and amending Regulation (CE) 2006/2004 and Directive 2009/22 / CE. Find more information at the following website: http://ec.europa.eu/consumers/odr/.
Last update: January 22, 2021