General conditions of web use and contracting

2.- GENERAL CONTRACTING CONDITIONS

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 Revised 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 in what may be applicable to services and Law 6/2020 regulating certain aspects of electronic trust services.
The PROVIDER informs that the procedures to carry out the acquisition of the products and/or obtain the provision of the services offered are those described in these general conditions, as well as any other specific ones that are indicated on the screen during navigation, so that the User declares to know and accept said procedures as necessary to access the products and services offered on the Portal.
All information provided during the contracting process will be stored by THE PROVIDER, so that the user may, upon request in writing or by e-mail, request information regarding the operations carried out by him within the previous 6 months. Any modification and/or correction of the data provided by the Users during navigation must be carried out according to the instructions included in the Portal.
2.1.- OBJECT

This contractual document contains the General Conditions whose purpose is to regulate both the provision of information and the commercial relations that arise between the PROVIDER and the third party Users of the Portal (“Clients”) who acquire the products offered through it, if it is not possible to contract any product without prior acceptance of these General Conditions.

These Conditions will remain published on the website for the Clients to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing said modifications on the Portal bbagua.com/es so that they may be known by the Clients, always before visiting the Portal or purchasing any goods and/or services offered. It is the Clients’ responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access to or use of the digital content by the Client, the latter will be informed in a clear and understandable manner, and will have the right to terminate the subscription in accordance with the provisions of article 126.bis of Royal Legislative Decree 1/2007.

These Conditions will remain published on the website for the Clients to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing said modifications on the Portal bbagua.com/es so that they may be known by the Clients, always before visiting the Portal or purchasing any goods and/or services offered. It is the Clients’ responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access to or use of the digital content by the Client, the latter will be informed in a clear and understandable manner, and will have the right to terminate the subscription in accordance with the provisions of article 126.bis of Royal Legislative Decree 1/2007.

The acquisition of products through the Portal implies the acceptance as a CUSTOMER, without reservations of any kind, of each and every one of these General Conditions, as well as, where applicable, the Specific Conditions, which may exist in relation to the acquisition of certain products. The CUSTOMER will be exclusively responsible for the safekeeping and proper use of the passwords.

Any order placed by a minor who falsifies registration information will be deemed to have been made under the supervision and authorization of his or her parents or legal representatives.

Acceptance of this document implies that the CLIENT:

• You have read, understood and comprehend what is stated herein.
• The language in which the contract has been drafted and will be concluded is the Spanish language.
• A person with sufficient capacity to enter into contracts.
• Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will remain in force for as long as they are accessible through the Portal, and will be applicable to all contracts made through the Website, without prejudice to the specific conditions that may govern the acquisition of the products.

2.2.- IDENTITY OF THE CONTRACTING PARTIES

The identification and contact details of the PROVIDER of information society services that operates on the portal bbagua.com/es are hereby informed, owned by POLLET WATER GROUP SPAIN, SLU with registered office at Av. del Vallès, 728 nave 1 08227 Terrassa (Barcelona) NIF B64712433, and registered in the Mercantile Registry of and is the owner of the portal bbagua.com/es (hereinafter, the Portal) and with customer service telephone number 93783 26 66 and email susana.martinez@pwgspain.com

And on the other hand, the CLIENT, registered on the website using a “Client Name” and “password” that will have been provided by THE PROVIDER, as identifying and enabling elements for access to the different services offered by the Portal, as described in the section of these General Conditions “Contracting Procedure”.

2.3. ACCESS TO THE PORTAL AND ELECTRONIC CONTRACTING PROCESS

Access to and consultation of the catalogue of products and/or services published on the Portal: bbagua.com/es is free of charge, and user registration is not required.

Likewise, to be able to start the process of contracting the products and/or services displayed on the Portal.

Either party may terminate or suspend this contractual relationship unilaterally at any time and without any other cause than its own will in this regard, in accordance with the provisions of these General Conditions. The CUSTOMER may unilaterally exercise the right of termination through the account cancellation process.

Likewise, the PROVIDER reserves the right to cancel the username and password, and therefore access to the Website, of those users who have outstanding balances.

2.3.1. Products offered on the Portal

All products and/or services will be offered through the bbagua.com/es Portal and the PROVIDER will indicate the brand, model, images, description, technical specifications, availability of the product, full price, discounts or financing options as well as home delivery and may offer other related or recommended products.

In the event that the Online Channel or the Point of Sale does not have stock of any of the requested products, THE PROVIDER, through its Online Channel or the Point of Sale, will inform the CUSTOMER of this situation, proceeding to refund, without undue delay, the sums paid for said product(s) or exchange it for another product, at the CUSTOMER’s choice.

2.3.2. Electronic contracting procedure.

Any product from our catalogue can be added to the basket. The basket will show the items, quantity, price and total amount. Once the basket is saved, taxes, charges and discounts will be calculated based on the payment and shipping information entered.

The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.
From the basket you can place an order by following the steps below for its correct formalization:

a) Validation of Shopping Cart: Once the User has finished selecting the products and/or services he/she wishes to contract, he/she must validate his/her shopping cart, which will show the selected products and/or services, the number of units, their price, the delivery time and the shipping costs. Likewise, the only delivery method, home delivery, will be displayed.

b) Checking billing information.
Once the User has validated his/her shopping basket, he/she must provide the PROVIDER with the billing and shipping information for the products and/or services, and must expressly accept these Terms of Service by checking the corresponding box. If the acceptance box is not checked, the Portal will not allow the User to continue with the contracting process.

c) Selection of the payment method.
Once the User has provided the billing and, where applicable, shipping information, he/she must select the payment method he/she wishes to use. If the User has opted for either of the two cash payment methods (PayPal or Card), he/she will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banking entities.
Currently, the PROVIDER validates the following payment methods: Card, PayPal, Bank Transfer, Amazon Pay, BanContact, EPS, GiroPay, Ideal, Przelewy24 and BLIK.

d) Acceptance of the Legal Conditions:
The customer must press the accept button, in which he/she will expressly accept these general conditions, before proceeding to pay for the product. He/she must also accept the Privacy Conditions and the Cookies policy.

e) Select the “Pay Now” box

f) Confirmation of the order.
The PROVIDER will send the CUSTOMER an email within a maximum period of 24 hours from the moment the CUSTOMER has actually made the payment for the purchase, which will provide a summary with all the characteristics of the sale made, confirming the completion of the order, its status and the approximate shipping and/or delivery date.

2.4.- PRICE AND METHOD OF PAYMENT

2.4.1. Prices and billing

The prices indicated for each product include any applicable taxes. These prices, unless otherwise expressly indicated, do not include shipping, handling, packaging, shipping insurance or any other additional services attached to the purchased goods or products.

Before making a purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase price.
The prices applicable to each product are those published on the Portal and will be expressed in EURO currency. The CUSTOMER assumes that the economic value of some of the products may vary in real time, until the order is placed. Once the order is placed, the prices will remain the same whether or not the products are available.

By accepting these general contracting conditions, the CLIENT agrees to receive invoices arising from the contracting of goods and/or services from the PROVIDER in electronic format. However, if the CLIENT wishes to receive the invoice in physical format (on paper), he/she must send an email to the following address susana.martinez@pwgspain.com requesting the invoice in physical format, properly identifying himself/herself and indicating the order number for which the invoice in physical format is requested.

2.4.2. Payment method

Once the products have been decided and saved in the cart, the CUSTOMER agrees to begin the purchase process and payment of the price. The PROVIDER is responsible for the financial transactions and enables the following methods of making payment for an order:

• Bank transfer: The PROVIDER will only process orders placed by bank transfer once it has verified that the total amount indicated has been paid into its favour. The transfer must be made to the following bank account number of the Provider:
  IBAN: ES36 0081 0193 8400 0113 0520
  Account number: 00810193840001130520
  BIC / Swift: BSABESBB indicating full name and order number.

  To speed up the process, the User can send a copy of the transfer made to the email info@bbagua.com
  The shipping time of the order will be counted from the confirmation of receipt of the transfer.

• Credit card: payment is made through a secure connection and directly through REDSYS. THE PROVIDER contacts the secure payment server of REDSYS, who will ask the user for all the details of the card with which he/she will pay (Master Card, Visa, Maestro, etc.) and all the procedures will be managed directly through the payment server website without the PROVIDER or any third party having access.
  The secure payment server will contact the financial institution that issued the card and request authorization to make the purchase. The process will then return to the PROVIDER’s website.
• PayPal: the CUSTOMER can pay through this provider Bank, one of the most used for online purchases. Transactions made through PayPal have an additional cost of 3.4% per transaction for using its services. The surcharge that THE PROVIDER charges the CUSTOMER for using this payment gateway is a fixed 2.-€ so that THE PROVIDER assumes part of the cost of this payment method.
• Amazon Pay: Payment is made via a secure connection and directly through Amazon Pay. This payment method has no fees for the user. To use the service, you must have an Amazon account linked to a payment method (card or bank account).
• BanContact: Users can make payments through this platform, which may charge fees depending on the bank used by the user. This platform is only available to users with bank accounts in Belgium.
• EPS: The user can make the payment through this platform, which may charge commissions, although in most cases they will be borne by the PROVIDER. This platform is only available to users with bank accounts in Austria.
• GiroPay: The user can make the payment through this platform, which will not charge any commissions, these will be assumed by the PROVIDER. This platform is only applicable to German bank accounts with access to online banking.
• Ideal: The user can make the payment through this platform. This payment method has no fees for the user. This platform is only available for users with bank accounts in the Netherlands.
• Przelewy24: The user can make the payment through this platform, which may charge small fees depending on the bank the user uses. This platform is intended for users with bank accounts in Poland.
• BLIK: The user can make the payment through this platform, using secure verification systems, with the use of temporary codes generated by banking apps. There are no fees for the user. This platform is only available to users with bank accounts in Poland.

If, for whatever reason, it is not possible to charge the price, the sales process will be automatically cancelled and the sales contract will not take effect. The Provider will automatically inform the user of this situation by sending an email or SMS.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSLU, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the CLIENT accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder.

2.5.- SHIPPING AND DELIVERY OF ORDERS

The CUSTOMER will choose the place of receipt of the goods at the time of placing the order with the SUPPLIER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER. The operators normally used will be GLS, OnTime (Envialia), NACEX and Cooperativa.

The territorial scope for order deliveries is mainland Spain and the Balearic Islands. Orders are not sent to the Canary Islands. For international orders, please contact our customer service department by phone at 93783 26 66 or email info@bbagua.com.

The CUSTOMER must provide a delivery address where the shipment can usually be delivered during the morning and afternoon. The name and ID number must be included in the receipt signature.
The service can be tracked through the link that will be sent by email to the CUSTOMER once the order has been confirmed. Once the shipments have been processed, the address can be changed within the same area of ​​influence of the distribution centre and the delivery date from the same link.

A first delivery attempt will be made at the indicated address. If the CUSTOMER is absent, the CUSTOMER will be notified by SMS, email or phone call to arrange a new delivery. If the transport agency is unable to deliver after these two attempts, the shipment must be collected at the carrier’s available service center.

If five (5) calendar days have passed since the date of the notice and the customer has not contacted the carrier to arrange a new delivery date, the products will be returned to the PROVIDER’s warehouses. The customer must be responsible for the shipping and return costs, as well as any associated management costs.

The delivery time of the order will be between 1 to 4 working days (Monday to Friday, excluding holidays), once the order has been confirmed and paid for.

For deliveries to the Balearic Islands, the delivery time will be 2 to 7 working days, and for international deliveries, the delivery time will be as indicated in the order confirmation. No deliveries are made to the Canary Islands.
If the shipment does not arrive in perfect condition and has any visible damage, it may be refused by the CUSTOMER, or it may be accepted, noting on the delivery note the reservation for review of content. If the damage is not visible, the CUSTOMER will have 48 hours to file the relevant claim. Claims to the transport after the indicated dates will not be accepted.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the CLIENT being false, inaccurate or incomplete.

The risk of loss or damage will be transferred to the CUSTOMER at the time the CUSTOMER receives the order and accepts it without reservation.

2.6. TRANSPORTATION COSTS

Shipping prices include handling and packaging, and will be applied to each order, so it is advisable to include all the products that the USER needs in a single order, to save money on shipping costs.

Prices do not include shipping costs or additional services, although they will be free if the shipment is made within Spain-Peninsula, and the purchase is over €29.90.

The shipping cost will be added to the product price and will be indicated at this URL: https://bbagua.com/condiciones-venta-y-envio/

We do not ship to the Canary Islands.

2.7. RIGHT OF WITHDRAWAL

According to Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Clients and other complementary laws approved by Royal Legislative Decree 1/2007, of November 16, the CUSTOMER has 14 calendar days from the delivery of the order from the formalization of the contract in the case of services.

The refund will include the purchase price and, if applicable, delivery costs. The refund will be made using the same payment method used to purchase the Product, minus the return shipping costs, which will be borne by the CUSTOMER.

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

The refund of the amount corresponding to the withdrawal will be made within a period of 14 calendar 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 disbursement may be withheld until receipt of said goods or until the CUSTOMER proves the return of the goods.

In cases of breakage or receipt of incorrect products, the PROVIDER will refund the CUSTOMER the amount of the Product, or, if the Customer prefers, will replace it with another of the services offered on the Portal, compensating, where applicable, the difference in price.

To process your return, please send us an email to info@bbagua.com, including your full name, order number, order date, reason for return, pickup location and time, and a contact phone number. Once we receive your return request, we will contact you to process the return and refund via bank transfer or credit card.

The USER may also use this withdrawal form template:

To the attention of POLLET WATER GROUP SPAIN, SLU

I hereby inform you that I withdraw from my contract of sale of the following good/provision of the following service*******

Order received on *****
CUSTOMER’s first and last names***
CUSTOMER’s full address***
Date****

According to article 103, section a) of Legislative Royal Decree 1/2007 of November 16 on the protection of consumers and clients, 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 according to the Client’s specifications or clearly personalized.
3. The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
4. The supply of sealed sound or video recordings or sealed computer software that has been unsealed by the Customer after delivery.
5. The supply of digital content (not provided on a physical medium) after performance has already begun. The Client expressly acknowledges that once the digital download has begun, they will lose their right of withdrawal.
6. Any other good or service covered by Article 103 of Royal Decree-Law 1/2007, of November 16.

The CUSTOMER shall be liable for any decrease in the 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, the Products must be returned in their original packaging along with the invoice. If they are returned without said original packaging or with damage, the amount to be paid 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 to prevent any damage during transport.

2.8. WARRANTIES

When the Product or Products purchased present a lack of conformity due to not corresponding to the characteristics offered, present defects that prevent their normal use in accordance with their nature, or do not offer the benefits described for the same, the CUSTOMER will have the right to remedy the acquired good within a period of three 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 CUSTOMER must contact or request 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 the CUSTOMER of the nature of the problem, the time and conditions of its occurrence.

Likewise, the CUSTOMER has the right to have the product repaired in accordance with the rules of Article 118 et seq. of the Consolidated Text of the General Law for the Defense of Consumers and Users. In all cases, the regulations on the warranty for the sale of consumer goods established by applicable law will apply. If the product is defective, THE PROVIDER will be responsible for replacing the product, whenever possible, at no cost to the CUSTOMER. If the product cannot be replaced due to availability reasons, the full purchase price will be refunded.

• Returns due to breakages, defective goods or errors in the processing of your order will be made at no cost to the User, with the Provider reimbursing 100% of the cost of the goods, as well as the costs of shipping and returning the goods, without undue delay, and in any case, no later than 14 calendar days from the date on which the USER informs us of their decision to withdraw from the contract.
• For returns without justified cause, the conditions will be the same as in the previous section, although the return shipping costs will be borne by the CUSTOMER, and these will be the same as the shipping costs of the initial order if it is sent from the same address.

Partial returns of an order will result in partial price refunds.

2.9. CUSTOMER SERVICE AND AFTER-SALES SERVICE

Points of sale have Complaint Forms available to the Consumer at the establishment.

Any claim or query that the Client considers appropriate or wishes to make will be dealt with during telephone service hours from Monday to Friday from 9:00 a.m. to 8:00 p.m. 93783 26 66 and will be dealt with as soon as possible (it is advisable to set a deadline of 48-72 hours). It can also be made by email or post to the following addresses:

Postcard: EL PRESTADOR Company, POLLET WATER GROUP SPAIN, SLU, Av. del Vallès, 728 nave 1 08227 Terrassa (Barcelona)

Email: susana.martinez@pwgspain.com

2.10. DISPUTE RESOLUTION

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the online resolution of disputes between the CUSTOMER and THE PROVIDER, without the need to resort to the courts. This platform, called the Dispute Resolution Body, acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

Likewise, if you are not satisfied with any aspect of the Service that has not been resolved by THE PROVIDER, you may, if you so wish, contact the consumer authorities.

2.11. FORCE MAJEURE.

THE PROVIDER shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond the PROVIDER’s control, including, but not limited to, acts of God, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor, or materials.

THE PROVIDER shall not be liable for any potential non-performance or interruption of the Service, to the extent that it is delayed or prevented by such causes, and for the entire period of time in question.

2.12. DISCLAIMER OF LIABILITY

The PROVIDER cannot guarantee the technical continuity of the Portal, the absence of errors or service interruptions, or that the Website will be available or accessible 100% of the time. Nor can it guarantee the absence of viruses or other harmful components on the Website or the server from which it is provided.

2.13. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

THE PROVIDER may, without prior notice, suspend or terminate the CUSTOMER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, if the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or resource that may be available to the USER.

2.14. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the CUSTOMER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.