Terms and conditions
These are the Terms and Conditions that regulate the contractual relationship of purchase of products that TOTRUNNING (Tot Running & Complements, S.L.) offers on its Website Tienda Online (www.totrunning.com).
The Terms and Conditions of Sale described below exclusively govern the contractual relationships between any user of the TOTRUNNING website (hereinafter referred to as "Customer") and the seller, who is the company Tot Running & Complements, S.L. (hereinafter referred to as "TOTRUNNING") and owner of the Online Store: www.totrunning.com
1.1 The purpose of these Terms and Conditions of Purchase is to supply to TOTRUNNING the products offered in your Online Store in exchange for an economic benefit.
1.2 By accessing our portal, the Customer undertakes to respect the Terms and Conditions as well as the rules of use contained therein.
2. ENTRY INTO FORCE
2.1 These Terms and Conditions, together with your order confirmation, constitute the contract between TOTRUNNING and the Customer for the supply of products. No other Terms and Conditions shall apply.
2.2 Customer shall be deemed to agree to the general terms and conditions provided for in this text from the moment you agree that you have read and agree to these Terms and Conditions.
3. PLACE AN ORDER
3.1 In order to place an order, the Customer must be at least 18 years of age.
3.2 The Customer must fill out the personal data form found in our Online Store (available 24 hours/day, every day), once he/she has accessed the page and clicking on the "finish order" button.
3.3 When the Customer places his order, we will send him an order number.
3.4 If we accept your order, we will notify the customer of our acceptance by issuing an order confirmation. We will send you your order confirmation by email, provided that the Customer has provided us with your email address in your personal data form. If we are unable to accept your order, we will attempt to contact the Customer by email or phone.
3.5 Although we will make every effort to supply you with the products listed in your order confirmation, there may be times when it is impossible for us to supply such products, for example because such products are not in stock. In these cases we will contact the Customer to inform you and we may suggest alternative products that you may wish to purchase. If you do not accept our suggestions we will cancel your order in relation to products that we cannot supply and refund any sum of money that would have satisfied us with such products. The refund of these sums of money will be the limit of our liability to the Customer, if it is impossible for us to supply the requested products.
3.6 In some cases, the price of a particular product in our Online Stores may be erroneous and a price higher or even lower than the corresponding price may be displayed by computer error. When this happens and if you have confirmed your order, we will contact the Customer as soon as possible.
3.7 The customer may cancel the order at any time and at no additional cost, provided that it has not been invoiced and sent through the transport company. If the package has left our premises, the customer may refuse it with the carrier at the time of receipt of the same.
3.8 The availability of products on the web is constantly changing and reflects the situation in real time. Adding an item in the shopping cart does not guarantee that it will be reserved for the customer, as other customers may have purchased it while browsing the web. At the time the payment process has been completed, the product is reserved for the customer.
4. SUPPLY OF YOUR PRODUCTS
4.1 We will supply you with the products indicated in the confirmation of your order, in accordance with these Terms and Conditions.
5. PRODUCT INFORMATION
5.1 We pay close attention to information on the essential characteristics of products through technical descriptions from their partner companies and manufacturers, and photographs illustrating the products. All this is done within the limit of the technique and respecting the best standards in the market.
6.1 The price of each product will be clearly determined on the website. The price and conditions of the products offered may vary, but in any case the price and conditions that were when the order was placed will always apply to the Customer.
6.2 TOTRUNNING reserves the right to collect the order from the moment of receipt.
6.3 The sales prices indicated in totrunning.com include VAT, but we deduct this amount from the total if the shipment is made to VAT-exempt areas. After placing the order the customer only has to send us a comment through the contact email, and we will deduct the corresponding amount.
The Customer must pay local VAT and there may be some import fee when the shipment arrives at its destination.
In some countries or areas there is also the collection of paperwork management for customs, these costs are charged by the transport company who acts as an intermediary. Tariffs and customs rules vary in different countries and it is difficult to know how it works accurately.
6.4 Shipping service costs are not indicated in the price of the products. The shipping service costs are free if the purchase exceeds 100 euros, otherwise they are borne by the Customer and will be added to the total amount of the selected products. The customer can check the shipping costs in the shopping cart in the Delivery Options section. Before confirming the order and completing the contracting process.
The calculation of shipping costs depends on the amount of the purchase made. Shipments are made through the courier service chosen by the customer within the possibilities offered by TOTRUNNING, the amount for the shipping costs is different depending on the courier service chosen.
7.1 It should be noted that orders will be shipped within the available stock limits. If one of the ordered items is not in stock, we undertake to send the Customer an email as soon as possible (from the date on which you placed the order) to inform you of the time limit within which we may send you your product(s). If you are not interested in waiting, you may request a refund of the amounts you have paid for that item.
7.2 If any of the products in your order, once invoiced, are not available, we undertake to send the Customer the available products and to give you the shipping service costs of the rest of your purchase. If possible we will propose an item of equivalent quality and price in place of the unavailable product. If you do not accept the proposed replacement product, we will refund the unavailable product. If you wish to return the replacement product, any costs will be borne by TOTRUNNING.
8. PAYMENT OF PRODUCTS
8.1 If our security department suspects any anomaly or fraud, TOTRUNNING reserves the right to cancel the transaction for security reasons.
8.2 TOTRUNNING makes available to the Customer 2 payment methods:
a) Payment by credit/debit card: If you choose to pay by card, the Customer's order cannot be taken into account and will not be processed until payment has been authorized by your bank or cash. Online payment by credit card is made through the security system "Pasarela Segura Servired / Sermepa", system used by the main entities, which encodes your bank details when they are transmitted over the internet. For security reasons, TOTRUNNING checks all orders paid by bank card. We accept Maestro cards and any Visas and Mastercards en mastercards in the Verified by Visa secure payment system. In addition, for any order whose amount is greater than a scale set by TOTRUNNING, the Customer will be asked for an identity document and proof of address that must be sent to us by fax or email that are indicated in a timely manner.
b) Payment by bank transfer: The Customer must make the transfer to the account indicated to him for this purpose on the Website during the order process. At the end of the order, the Customer must send proof of the transfer made to the email firstname.lastname@example.org. Important: as a concept of the transfer you must indicate the reference that will be indicated to you at the end of the order. If you have not indicated this reference, the order will be cancelled and the money will be refunded after 7 days.
Important: For bank transfer payments, products are not reserved until you receive account entry.
8.3 In the event that the purchase has been made by a final consumer or an undertaking, the corresponding invoice shall be extended. Both will include the breakdown of Value Added Tax, if applicable, and shipping costs.
9. DELIVERY OF PRODUCTS
9.1 TOTRUNNING will send the Customer the products to the delivery address on their personal data form.
9.2 On the website, specifically in the shopping cart, the amount of the shipping costs is indicated before the purchase is made.
9.3 If the item indicates "in stock" when placing the order, the period between placing the order and the date of the first submission of the employee of the transport company at the given place corresponds to the sum of 2 elements:
a) The shipping time (24 to 48 h) - validation of the payment + preparation of the order + receipt of the package by the employee of the transport company.
b) The delivery time of the order by the employee of the transport company. Be informed from the beginning of this period from the receipt of the email "sending the order".
Important: Shipping times are indicated in business days.
9.4. TOTRUNNING will deliver the product once it has verified that the actual payment has been executed successfully, then will ship the product according to the option chosen by the Customer.
9.5. We understand hours and days as hours and working days, excluding Saturdays, Sundays and public holidays. If for any reason attributable to TOTRUNNING this period is exceeded, we will notify the Customer of the incident and propose alternative solutions.
9.6. The Customer undertakes that he or another designated person is at the address indicated to receive the package. If it is not the first time, the carrier will insist several times. If you still have, the delivery of the order could not be made, it will be returned to us, with the consequent return to the Customer of the payment made less the shipping or return costs of the goods that will be borne by the Customer.
10. PRODUCT WARRANTY
10.1 All products offered by TOTRUNNING are guaranteed. TOTRUNNING undertakes to repair free of charge, replace with a new one or make the corresponding fertilizer if any of its products suffer from a manufacturing defect within 3 months of delivery. In this case all costs of returning the product and shipping the new product, or the same repaired, are borne by TOTRUNNING.
10.2 The consumer must inform us of the lack of conformity of the product within 1 months of being aware of it by email to email@example.com that he wishes to return a product. In this way, we will arrange the return in the most appropriate way. In the event that the problem of said product is not covered by the warranty, it will be the consumer who pays the possible additional costs arising from such return.
11. THE RIGHT TO RETURN THE PRODUCTS
11.1 If the Customer is not satisfied with the product he has purchased, he/she may return the product to us and obtain a refund of the price of the returned product within 30 working days of delivery of the products.
11.2 The product cannot have been used and must be returned in its original external box/packaging and well protected to avoid damage to transport. Otherwise the products will be depreciated and the customer will be notified once the return has been received. In addition, all original documentation must be included, as you received it at your home address.
11.3 Once we receive the goods in our warehouse and check that all of the above conditions are met, the return of the product will be accepted and its amount will be refunded in accordance with the method of payment made:
a) If payment was made via credit card, you will be credited the amount on the same credit card.
b) If the payment was made by transfer, we will ask you for an account number to pay the amount.
Instructions for returning the product will be sent by email once the request has been received with the customer's details, order reference and reason for return to the TOTRUNNING email firstname.lastname@example.org. It is important that all the data is sent, as well as a telephone and contact email.
11.4 Once the return of the product has been received, and after checking the condition of the product, the amount will be refunded according to the method of payment that the Customer used for the purchase of the same. TOTRUNNING is entitled to refuse any product that does not come under the conditions eligible for further sale. These products will be returned to the shipper without prior notice. Only in the event that the company has made a mistake in shipping the product, the return and replacement costs will be borne by TOTRUNNING.
12. TOTRUNNING AND CUSTOMER OBLIGATIONS
12.1 TOTRUNNING undertakes to make available to the Customer all necessary information regarding the products it offers as well as the orders. TOTRUNNING is not responsible for the non-execution of these conditions in case of force majeure and in case of lack of the Customer or an unforeseen event by a person outside the contract.
12.2 The Customer undertakes to fill out the order forms and their fields according to the instructions indicated. TOTRUNNING will protect data in accordance with the law. The Customer also agrees to pay the price of the product, with the corresponding taxes and shipping costs.
12.3 We remind you that it is advisable to keep a copy of the data contained in the purchased products. TOTRUNNING is not responsible for any loss of data, files or, in general, any damage resulting from a failure of customer's backup of the data contained in the purchased products.
12.4 TOTRUNNING is not responsible for any consequences that may result from improper use of products sold in your Online Store.
13.1 All opinions written by Customers are controlled by the marketing team. If the opinions received violate the law, ethics or morals (abusive advertising, defamation, insults, out-of-context comments...), TOTRUNNING reserves the right to reject or modify such opinions.
14. PROTECTION OF PERSONAL DATA
14.1 The personal data that the Customer must provide us are indispensable for the shipment of orders and drafting of invoices. The absence of this data will result in the automatic cancellation of orders. By registering on the page, the Customer undertakes to provide us with valid personal data, data that allow the provision of the service by TOTRUNNING and the correct identification of the registered Customer, as well as the sending of information and advertising of the different products and offers that TOTRUNNING may have on its websites.
15. INTELLECTUAL PROPERTY
15.1 All content in the TOTRUNNING Online Store (illustrations, texts, denominations, brands, images, videos) is the property of TOTRUNNING. Any partial or total reproduction of the content by any procedure and on any media is subject to prior and express authorization from TOTRUNNING.
16. APPLICABLE LAW AND JURISDICTION
16.1 This contract shall be construed and governed by the Spanish and European legislation in force.
16.2 The parties submit, at their option, for the resolution of disputes and waiing any other law, to the courts and tribunals of the Customer's domicile.