General terms and conditions

1. IDENTIFICATION OF THE WEBSITE RESPONSIBLE

• Legal Name: Casa Ponsol S.L. (hereinafter referred to as Casa Ponsol)
• Trade Name: Casa Ponsol
• Tax ID (C.I.F.): B20001145
• Address: Calle Narrica, 4 - 20003 San Sebastian
• Phone: 943 42 08 76
• Email: info@casaponsol.com
• Registration Details:
• Registration Office: PL. JULIO CARO BAROJA 1-1A- 20018 SAN SEBASTIAN
• Volume: 8
• Folio: 6469
• Sheet: SS-271224

Contact Information

• Phone: 943429560
• Phone 2: 688640406
• Email: info@casaponsol.com

2. PURPOSE

• The general contracting conditions of Casa Ponsol S.L., together with any specific conditions that may apply, regulate the conditions applicable to all electronic contracting processes by users regarding the services and products that Casa Ponsol offers through its website www.casaponsol.com.
• The validity period of these general contracting conditions is the duration of their display on the website, as long as they remain fully accessible to users, with Casa Ponsol reserving the right to modify them, in whole or in part, without prior notice.
• This reserved right equally applies to any specific conditions and legal texts displayed on the website.
• New conditions will be applicable from the moment they are displayed on the website and become accessible to users again.
• It is the user's responsibility to check the general conditions that are in force and therefore applicable at any given time.
• Therefore, accessing the website after modifications to the general conditions implies acceptance by the user.
• It is necessary and mandatory for the user to accept the general conditions in force at the time of contracting, and therefore they are subject to them; under no circumstances may any product or service be contracted without prior acceptance (both of the general conditions and any specific conditions that may apply) by the user.
• In addition to reading these general conditions, before accessing and browsing our website, the user must have read the Legal Notice and general terms of use, the Privacy Policy, the Cookie Policy, and the Data Protection Policy.
• All of these are available to the user on the website.
• If the user does not agree with any general condition, they must not use the website.
• Once the user uses the website and/or requests the acquisition of a product or service, they consent to be bound by these Conditions.
• As a preliminary step before acquiring any product and/or service on our website and prior to payment, all users must identify themselves.
• Once identified and authenticated, the user may proceed to acquire any product and/or service.
• Any acquisition made in this manner is valid and binding, with the user being responsible for the use of their username and password by any third party through our website.
• The purchase of products through the website by minors or users who do not meet the requirements set forth in these general conditions is expressly prohibited.
• In the event that a minor, falsifying registration information, makes a purchase or acquisition of a product and/or service, Casa Ponsol understands that this is done under the supervision of their parents, guardians, and/or legal representatives.
• In any case, if there is no supervision by the parental authority, guardian, or legal representative, the contract, once executed, may be declared null due to defective consent, with the minor's representatives being obligated to compensate for any damages caused to the website owner.

3. PARTIES INVOLVED

• The parties involved in the electronic contracting process through www.casaponsol.com are the user and Casa Ponsol S.L.
• A user is considered to be any natural person of legal age with the legal capacity to enter into contracts through the website, who possesses an identity document, as well as any legal entity duly accredited, who accesses, browses, and/or uses the website www.casaponsol.com and accepts these general contracting conditions and, if applicable, any specific conditions.
• The user assumes responsibility for using the website correctly; this entails using the website solely to make legally valid purchases/acquisitions/contracts, not making any false or fraudulent purchases, and providing truthful data (such as name, email, address, identity document, bank cards, etc.).
• The user is warned that purchases/acquisitions/contracts made in the name of a third party without their authorization may constitute the crime of identity theft and/or fraud, which we are obligated to report to public authorities.
• From the moment of accessing the website, the user accepts these general conditions.

4. ACCESS AND REGISTRATION ON THE WEBSITE

• Access to our website www.casaponsol.com is free and unrestricted, and user registration is neither necessary nor mandatory for this purpose.
• User identification and registration are only required for the electronic contracting process of products and/or services offered on our website.
• The following instructions must be followed to register as a user:
• It is necessary to be of legal age, have full legal capacity, and provide all mandatory data required in the form provided on our website.
• Both natural persons and legal entities may register.
• Each user will have an access password, which will have a limited temporary validity and must meet minimum length and security requirements.
• The user may modify or recover this password at any time by following the procedure established on the Website.
• In the event of any incident that allows improper use of the username and/or password (theft, loss, unauthorized access, etc.), the user must notify Casa Ponsol S.L. immediately to cancel the account without delay.
• As long as Casa Ponsol S.L. is not notified of any such incident, it shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
• To unsubscribe as a user of the website and thus terminate the contractual relationship with Casa Ponsol S.L., the user must cancel their account (Account Cancellation Process), without prejudice to any obligations arising from orders placed prior to the termination of the contractual relationship with Casa Ponsol S.L.
• Both Casa Ponsol S.L. and the user may unilaterally decide to terminate the contractual relationship that binds them at any time and without any cause other than their will to terminate it.
• Once the cancellation is completed, the user may request a new registration, but Casa Ponsol has the right to deny such new registration in the cases set forth and specified in the "Parties Involved" clause and/or in cases where a conflict between the parties has arisen and is pending resolution or has concluded with acknowledgment of fault or negligence by the user and/or harm to the provider, its collaborators and associates, or its users, customers, or potential customers.
• Likewise, Casa Ponsol S.L. reserves the right to delete the personal data and password of those users who maintain current or completed contracts from which legal and tax obligations, unpaid balances, etc., arise.

5. ELECTRONIC CONTRACTING. INFORMATION ABOUT PRODUCTS AND/OR SERVICES

• Casa Ponsol publishes on its website all the information about the displayed products and services, which includes: the brand and model of the product, images, description, price, applicable discounts, technical specifications, financing options, availability (of the product, for shipping, and for pickup at the point of sale), reviews and ratings from other users where applicable, and other related products.
• If a product is unavailable, Casa Ponsol will inform the user and refund any amount paid for said product.
• Each Casa Ponsol Point of Sale may, at any time, add new products to those included on the Website.
• In such cases, it is understood that they will be governed by the provisions of the General Conditions in force at that time.
• Likewise, the Point of Sale reserves the right to withdraw or cease offering, at any time and without prior notice, any product offered on the Website.

6. ELECTRONIC CONTRACTING. PURCHASE/ACQUISITION PROCESS

• Once properly registered and identified with a username and password, the user may proceed to make purchases on the website.
• The user acknowledges being aware, at the time of purchasing or acquiring the product or service, of certain specific sales conditions related to the product in question; these are displayed on the website, and the user acknowledges that placing the purchase order constitutes their full acceptance of the specific conditions applicable to each product/service.
• The online purchase/acquisition procedure is as follows:
• Select the products or services and add them to the final purchase page (shopping cart) and validate the purchase, which shows the selected products and/or services, the quantity, and the price.
• Fill in the information requested at each step of the purchase process.
• The user may, at any time during the process, modify any purchase data they have entered.
• Expressly accept the general contracting conditions by clicking on the corresponding acceptance box.
• If the user does not click the box and does not accept the general conditions, they will not be allowed to continue with the purchase process.
• Select the desired payment method.
• The website allows the following:
• Online payment via Credit/Debit Card
• Online Banking
• Payment Gateways/Digital Wallets (PayPal, Apple Pay, Android Pay, etc.)
• Payment via Mobile Phone
• Bank Transfer
• If the user chooses bank transfer as the payment method, the order will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer.
• Once the transfer is received, the order will be prepared and processed.
• The user must correctly enter the exact amount of the order, the account number, and the reference in the transfer.
• The website will automatically redirect the user to the corresponding banking entities' online payment platforms, thus ensuring the confidentiality of payment data.
• At no time do we have access to the payment data entered.
• The user will receive an email with the invoice detailing the contents of their purchase, informing them that their purchase process has been successful, and confirming the purchase/acquisition within a maximum period of 24 hours.
• Acceptance of the general conditions implies acceptance of receiving invoices electronically, but, in addition, the user may access and download their invoice in the "My Orders" tab on the website.
• If the user wishes to obtain the invoice in physical format rather than electronic format, they may request it by sending an email to info@casaponsol.com.
• For this purpose, they must identify themselves and the corresponding order and request the paper invoice.

7. AVAILABILITY

• Purchase orders received by www.casaponsol.com are subject to the availability of the products and services and/or the absence of any force majeure event that makes their supply or service provision impossible.
• In case of impossibility, www.casaponsol.com undertakes to contact the user in question and refund any monetary amount deposited as payment.

8. PAYMENT TERMS AND METHODS

• All products and services offered on our website have an associated final price; including applicable discounts where applicable.
• Prices will always be displayed in euros and include VAT, as well as other applicable taxes.
• If the user selects the option to pick up the product in-store/point of sale, the user must select the specific store where they wish to pick up the purchased product; the products on the website are subject to stock availability.
• For all purposes, the place of conclusion of the contract is understood to be the address of the Point of Sale.
• The prices of products and services may change and be modified without prior notice; such changes will never affect purchases made by users who have already received order confirmation; that is, the rates in force at the time of purchase will apply.
• Payments for purchases on www.casaponsol.com are made through an official banking channel with all data transfer encryption and security systems via SSL protocol, so the buyer will always be protected by these channels.
• The payment methods allowed by our website are subject to verification by the issuing banking entity.
• If the entity does not authorize the payment, the purchase process cannot continue and, consequently, the contract with the user cannot be formalized; the order will be automatically canceled.

9. PRODUCT DELIVERY

• In cases where physical delivery of the purchased product is possible, the user may choose this option for their shipping area: they may pick up the product at the Point of Sale establishment chosen by the user or choose to have the product shipped to the postal address indicated by the user in the order form.
• The indicated postal address cannot correspond to public places, such as public roads, parks, squares, stations, etc.
• It should be noted that delivery times and costs may vary depending on the shipping method.

- Pickup at the Point of Sale Establishment

• Once the purchase is made by the user, they may proceed to pick it up at the Point of Sale establishment within the period specified in the order confirmation.
• Various logistical, transportation, strike, and/or commercial circumstances may occur that prevent delivery within this period, in which case the period will be extended for the minimum time necessary to make the delivery.
• In any case, the maximum delivery period will be 30 days, even if there are technical issues.
• The maximum period for the user to pick up the purchased products is 7 working days from the order confirmation.
• To pick up their order, the user must bring their ID card, driver's license, or original passport for identification, as well as the purchase receipt.
• If the user cannot pick up their order and a third party authorized by them does so on their behalf, the third party must bring the purchase receipt received by the user along with an authorization to pick up the order filled out and signed by the user, which must include the identifying details of the user and the authorized third party, the place, date, and purpose of the authorization, and a photocopy of the user's valid ID or passport.
• Additionally, the authorized person must identify themselves with their original and valid ID or passport.
• The authorized third party must expressly consent in the authorization to the storage and processing of their personal data for the sole purpose of verifying the delivery.

- Home Delivery

• Home delivery of the order will be made within the period specified in the order confirmation from the time of purchase confirmation and to the postal address provided by the user in the order details.
• Along with the delivery of the products, the delivery note will be given to the customer.
• For certain products, home delivery is limited.
• The user, when selecting the desired product and entering the delivery postal address, can check the availability of the delivery service.
• Casa Ponsol has subcontracted various reputable transport companies that make deliveries on working days.
• Depending on the product purchased by the user, its availability, the delivery area, or possible incidents that may occur, the subcontractor company and the delivery date may vary.
• The transport company will communicate with the user preferably via SMS or Email to inform them of the delivery date of the order.
• If the user is not at the delivery location, the Transport Company will make a second attempt, about which the user will be notified via SMS-Email as well.
• If the order still cannot be delivered, the transport company will send it to the nearest warehouse or point of sale for the user to collect within 10 days.
• If the customer does not receive the order within the indicated period, they may contact us by email at info@casaponsol.com

10. USER'S RIGHT OF WITHDRAWAL

• When a user makes a purchase on our website, they have the right to withdraw from the purchase within 14 calendar days without needing to provide a justification.
• To exercise this right, the user must notify info@casaponsol.com; Calle Narrica, 4 (Donostia-San Sebastian) or through the contact forms provided on the Website, clearly and unequivocally stating their intention to withdraw from the purchase contract.
• The withdrawal period expires 14 days from the day the user acquires physical possession of the products on our website.
• In case of withdrawal, Casa Ponsol will refund the user all payments received in the same form as the user's original payment, including shipping costs where applicable, no later than 14 calendar days from the date Casa Ponsol is informed of the decision to withdraw from the contract.
• The user will receive an acknowledgment of receipt of the withdrawal via a medium that provides proof, such as email.
• If physical products have been shipped, the user must return or send the purchased products to Calle Narrica, 4 (Donostia-San Sebastian) no later than 14 calendar days from the date they notified their wish to withdraw, always using or including the original product packaging, instructions, and any other accompanying documents, as well as a copy of the purchase invoice.
• The user acknowledges that they must bear the direct cost of returning the goods, if any.
• The user should be aware of the legal exceptions to the right of withdrawal (order cancellation):
• Services that have been fully performed or whose performance has already begun, provided that the consumer has previously given their consent and acknowledged that they are aware that the service will commence.
• Goods or services whose price depends on fluctuations in the financial market that the business cannot control and that may occur during the withdrawal period.
• Customized goods or services.
• Goods that may deteriorate or expire quickly.
• Sealed goods that have been unsealed.
• Goods that, by their nature, can be inseparably mixed with others without distinction.
• Alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the business cannot control.
• When the consumer has requested an urgent repair or maintenance operation, if the business provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to those additional services or goods.
• Daily newspapers, periodicals, or magazines, except for subscription contracts for the supply of such publications.
• Contracts concluded through public auctions.
• Accommodation services for purposes other than housing, transport of goods, vehicle rental, food, or services related to leisure activities, if the contracts provide for a specific date or period of performance.
• Digital content not supplied on a tangible medium when performance has begun with the consumer's prior express consent.
• Consequently, after purchase, you may withdraw from the contract within 14 days, except in the cases of exception listed above.

11. WARRANTIES

• If the product purchased by the user presents any non-conformity regarding the offered characteristics, or defects that prevent its normal use or does not provide the quality or performance described at the time of purchase, the user has the right to have the purchased product repaired within 2 years from the date of purchase.
• The user will have a period of 2 months from the detection of the defect to contact Casa Ponsol through the means provided and advertised on the website (in the legal notice, privacy policy, and cookies policy); informing about the nature of the defect and the time and conditions under which the defect in question was detected.
• If the product is defective, it will be replaced whenever possible.
• If replacement is impossible, the full amount of the purchase will be refunded, and in no case will the replacement or refund entail any cost to the user.

12. LIMITATION OF LIABILITY

• Casa Ponsol is exempt from liability in the following cases:
• Strict compliance with its contractual obligations.
• Any business loss of the user not directly resulting from the fulfillment of the contract (including lost profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
• In the event that the loss results from the fulfillment of the contract, liability is limited to twice the price of the sale or acquisition of the good or service, excluding taxes applicable to the transaction.
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products was formalized between them.
• Minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other similar issues.
• Damages resulting from transportation malfunctions, especially due to causes such as strikes, roadblocks, and in general any other sector-specific issues that result in delays, losses, or theft of the product.
• Technical failures that, due to unforeseen circumstances or other reasons, prevent the normal functioning of the service via the internet.
• Unavailability of the Website due to maintenance or other reasons that prevent access to the service.
• Non-attributable causes, unforeseen events, or force majeure in the purchase, payment, and shipping/delivery process of the products,
• Misuse and/or wear and tear of products that have been used by the User.
• Incorrect returns made by the User.
• It is the User's responsibility to return the correct product.
• Non-compliance or delay in compliance with any of the assumed obligations, when this is due to events beyond our reasonable control, that is, due to force majeure, with the obligations being suspended during the period in which the force majeure continues.
• Consequently, Casa Ponsol will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure.

13. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

• By using the website, the user agrees that most communications with Casa Ponsol will be electronic, either via emails or notices posted on the website, and consents to this means of communication, acknowledging that all contracts, notifications, and other information provided and sent electronically meet the legal requirements of being in writing.
• Likewise, the user may communicate and send notifications to Casa Ponsol through the contact details provided in these general conditions and/or through the contact forms provided on the website for this purpose.
• However, Casa Ponsol may contact the user and notify them at the postal address provided.

14. ENTIRE AGREEMENT

• These general conditions and any document referred to herein constitute the entire agreement between the user and Casa Ponsol regarding the subject matter of the sale and replace any other prior agreement, arrangement, and/or promise that may have existed between the parties.
• Both parties acknowledge having consented to enter into a contract without having relied on any promise made by the other party.

15. PROCESSING OF PERSONAL DATA

• The information provided during the entire contracting process is stored and processed by Casa Ponsol S.L. as the data controller and website manager.
• The data obtained may be shared/transferred to the Point of Sale, the company responsible for transportation and logistics that delivers the products purchased through www.casaponsol.com, the entities responsible for financing, group companies, the manufacturer, the manufacturer's technical services, as well as any third party involved in the sales process, for the purpose of fulfilling the contract with the user.
• The user must expressly and previously consent to the storage, processing, and transfer of their personal data for the sole purpose of executing the contract and improving their user experience in the purchase/sale of products and services on the website.
• The user is informed that Casa Ponsol S.L. processes the personal data provided and incorporates it into a file owned by Casa Ponsol S.L., and the buyer guarantees that the data provided are true, expressly assuming responsibility for any consequences arising from the falsity of such information.
• Based on legitimate interest, Casa Ponsol may use the user's contact details to communicate information of interest, news, and offers about products and services; as well as to inform them about benefits they may have as a customer when contracting products and services from other companies with which preferential agreements are reached or similar information that you request.
• To unsubscribe from the advertising communications service (Newsletter), you may do so through www.casaponsol.com or request it as provided in the Casa Ponsol Privacy Policy, attaching a copy of a reliable identity document in both cases.
• To keep your personal data up to date, the buyer must inform us of any changes that occur regarding them, as otherwise Casa Ponsol cannot be held responsible for their accuracy.
• The buyer is informed that they may exercise, free of charge and whenever they deem appropriate, the rights of access, rectification, erasure, restriction of processing, objection, or portability regarding the personal data provided, as well as withdraw, at any time, the consents previously granted, by sending written notice along with a copy of a reliable identity document to the postal address Calle Narrica, 4 (Donostia-San Sebastian) or via email to info@casaponsol.com.
• Likewise, you may contact the Data Protection Officer, if any, or Casa Ponsol's Privacy Officer, through any of the aforementioned means, if you believe that any of your rights related to data protection have been violated.

16. COMPLAINTS

• The user may file complaints and claims against Casa Ponsol through the contact details set out in the first clause of these general conditions.
• In addition, the user has the possibility to file complaints through the official complaint forms made available to consumers and users, which may be requested at any time using the contact details provided in the first clause of these general conditions.

17. NULLITY

• If any of the clauses of these general conditions or any condition is declared null and void by a final decision, the remaining clauses and conditions will remain in effect, without being affected by the nullity of the clause or condition in question.

18. GENERAL PROVISIONS

• These conditions have been presented with due advance notice, in accordance with current legislation.
• Likewise, Casa Ponsol reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, its functionalities, and/or the contents incorporated therein.
• Thus, the user expressly acknowledges and agrees that at any time Casa Ponsol may interrupt, disable, and/or cancel access to and/or use of the Website, without being liable for this.

19. APPLICABLE LAW AND COMPETENT JURISDICTION

• The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with the current legislation of the European Union state where the website is based.
• The parties expressly submit, for any question or dispute that may arise regarding the interpretation, compliance, and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the buyer's domicile or to the place of fulfillment of the contractual obligation.
• To file complaints regarding the use of our services, you may contact us by mail at the email or physical address indicated on the website, and we commit to seeking an amicable solution to the conflict at all times.

Last updated: 25/03/2025