These Terms and Conditions of Purchase together with the Legal Notice and the Privacy Policy govern the purchase and sale of services and products offered by ALOS PLA, SL and its Clients through the website (hereinafter, the "Website").

These General Terms and Conditions have been drawn up in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Law 7/1998 on General Terms and Conditions of Contract, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Clients and other complementary laws and Law 7/1996 on the Regulation of Retail Trade.

The Customer's order confirmation expressly implies knowledge and acceptance of these Purchase Conditions as part of the contract. Unless proven otherwise, the data recorded by the Website constitutes proof of all transactions carried out between ALOS PLA, SL and its Customers.

1. GENERAL CHARACTERISTICS OF THE PRODUCTS

Through the Web, ALOS PLA, SL makes available to its Clients the marketing of terracotta figures typical of Catalan culture, the “caganers”, both in their original conception as well as new reinterpretations based on the figure of famous people, athletes, politicians, etc.

The scope and characteristics of the contracted services are those set out in these Terms of Sale, on the Website and in the order and payment confirmation emails sent by ALOS PLA, SL to the Customers.

2. PROCEDURES FOR PLACING THE ORDER

To place an order, you must log in to the website and create a personal account in the "Create Account" section by completing the electronic form with your full name, identification document number, date of birth, contact information, and password. Fields marked with an asterisk (*) are mandatory; all others are optional.

The Customer can then choose whether to receive an email newsletter with news and offers about products on the Website and, finally, expressly indicate by checking a box whether they accept the General Terms and Conditions of Purchase and the Privacy Policy, respectively. It is important that the Customer carefully read both documents before clicking the continue button.

If the customer has entered all the information correctly, they will receive an email confirming their registration within an hour. From then on, they can select the products they are interested in and make the purchase.

After selecting the desired products and adding them to the Cart, the Customer must click the "Buy" button. At this point, the initially entered delivery address will appear on the screen, which can be modified by clicking the "Change address" button. The Customer will then select their preferred shipping method and add any comments they deem relevant for receiving their order. Next, they will click the "Continue" button to access the payment screen, where they must select the billing address and payment method. 

Finally, the Customer will be able to view all the previously validated information on screen and, if necessary, make modifications. If they agree with the information displayed, they can click the “Confirm Order” button. From this point, the Customer will be redirected to a secure payment platform, according to the selected payment method, and can enter their bank details as requested on the screen. Once payment is confirmed, the Customer will receive an email within 24 hours confirming receipt of the order and will be able to view and print a purchase receipt. The Customer can request information about the order status by contacting us via email or telephone.

During the registration process and subsequently, by accessing their personal Customer account, the Customer will have the option to correct errors in their data entry. To correct errors after submitting the form, the Customer must contact ALOS PLA, SL by email at info@test.caganer.com or by phone at +34 972 980 394. 

Throughout the entire purchase process, the Customer is guaranteed the security of their information and personal data, as the Website is protected by the https:// protocol.

3. PRICE AND PAYMENT METHOD

Product prices and applicable taxes for each specialty will be as listed on the website for each product. All prices published on our website include Spanish VAT. 

The Customer may pay by credit card, PayPal, or bank transfer. When the Customer chooses to pay by credit card, they will be redirected to a secure platform where they can enter their bank details. To pay with PayPal, prior registration is required through their system at www.paypal.com. When choosing to pay by bank transfer, the Customer must make the transfer within 48 hours of order confirmation. If payment is not received within this timeframe, the order will be automatically canceled. 

4. FORM, COSTS AND DELIVERY TIME

CAGANER.COM uses UPS to deliver customer orders. The shipping options offered are UPS Standard and UPS Express Saver. Products are shipped to the address provided by the customer when placing the order.

If one or more items in your order are out of stock, CAGANER.COM will contact you to inform you of the delivery time. In exceptional cases, CAGANER.COM reserves the right to split the order, shipping the available items and sending the unavailable items in a second shipment. In this case, the second shipment will be sent at no additional cost to you.

Shipping costs vary depending on the shipping method chosen by the customer and the delivery location. These costs will be displayed to the customer before checkout. To calculate shipping costs before finalizing the purchase, the customer can consult the corresponding tables using the links below. First, the customer must locate the delivery zone using the following links: national zones table and international zones table. Using the zone number, the customer can then view the price based on the product's weight: national shipping costs, shipping costs to the European Union, and shipping costs to other countries. A small surcharge proportional to fuel cost fluctuations will be applied to the prices shown in these links.

The Customer should be aware that when the volumetric weight of the package is greater than the actual weight, the price based on the actual weight will apply. The volumetric weight is calculated by multiplying each of the packaging dimensions (normally 40x30x20) and dividing the result by 5000.

Shipping costs to the Canary Islands, Ceuta, Melilla and areas not belonging to the European Customs Union do not include import taxes and duties, which will be paid in cash at the destination by the recipient of the goods.

The delivery time for UPS Standard shipping is 48 hours from order confirmation. UPS Express Saver shipping to the European Union also has a 48-hour delivery time, and orders to other countries have a maximum delivery time of 72 hours.

If CAGANER.COM is unable to ship the ordered products within the stated timeframe, it will notify the Customer, informing them of the new delivery date. In this case, the Customer may cancel the contract and request a refund of the product price, if applicable. In such an event, CAGANER.COM will refund the amounts paid as soon as possible, and at the latest within 14 (fourteen) calendar days from the date the Customer requested the refund, using the same payment method originally chosen.

Should the Customer detect any problem at the time of delivery of their order (damaged packaging, missing or deteriorated products), they must indicate this in writing on the carrier's delivery note and contact our Customer Service department by phone at 972980394 or by email to info@test.caganer.com within the first 24 hours following receipt.

5. PRODUCT UNAVAILABILITY

If the contracted product is not available, CAGANER.COM will inform the Customer who may choose between: (i) requesting a refund within a maximum period of 14 (fourteen) days of the sums paid, or; (ii) requesting, without price increase, a product with similar characteristics that has the same or superior quality.

In the event that the Customer requests option (ii) they may exercise their rights of withdrawal and resolution under the same terms as if it were the product initially requested, having to pay the return costs only when they make the shipment by a delivery method other than the least expensive ordinary delivery method offered by CAGANER.COM.

(APPLIABLE ONLY IF THE TYPE OF PRODUCT/SERVICE IS NOT INCLUDED IN THE EXCEPTIONS OF ART. 103 RD 1/2007)

6. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, acquired physical possession of the goods.

To exercise your right of withdrawal, you must notify us:

Anna María Pla Massot 

Av. Francesc Macia nº11

Torroella de Montgri - Girona

Catalonia (Spain)

(0034)972980394

info@test.caganer.com

Your decision to withdraw from the contract must be communicated through an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the withdrawal period expires.

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than our least expensive standard delivery option), without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is the earliest.

You must return or deliver the goods directly to us at:

Anna María Pla Massot 

Av. Francesc Macia nº11

Torroella de Montgri - Girona

Catalonia (Spain)

without undue delay and, in any event, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the end of this period. You will have to bear the direct cost of returning the goods.

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

– To the attention of [here you should insert the name of the business owner, their full address and, if available, their fax number and email address]:

– I/We hereby inform you that I/we withdraw from my/our contract of sale of the following goods/provision of the following service

– Ordered on/received on (*)

– Name of the consumer and user or consumers and users

– Address of the consumer or user(s)

– Signature of the consumer and user or consumers and users (only if the present

  form is submitted on paper)

- Date

(*) Delete as appropriate.

7. PRODUCT WARRANTY

CAGANER.COM guarantees that the products sold conform to the contract, and is liable for any lack of conformity existing at the time of delivery for a period of two (2) years. To this end, the Customer must inform ALOS PLA, SL of the product's lack of conformity within a maximum of two (2) months from the date they became aware of it. The warranty does not cover defects caused by negligence, impacts, misuse, or improper handling.

Given the nature of the product, it will be understood that the products conform to these Terms of Sale, unless proven otherwise by the Customer. If the Customer discovers a lack of conformity of the product, they may choose between demanding repair or replacement, unless one of these options is objectively impossible or disproportionate. Repair and replacement must be carried out within a maximum period of 30 (thirty) days. 

If the Customer cannot demand repair or replacement of the product, or if these actions have not been carried out within the 30 (thirty) day period specified above in this clause, the Customer may choose between requesting a price reduction or termination of the contract. Termination will not be granted if the lack of conformity is minor.

The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it conformed to the contract and the value the product actually delivered had at the time of said delivery.

To report a non-conformity, request a repair or replacement, the Customer must contact the CAGANER.COM Customer Service department by sending an email to info@test.caganer.com or calling 972980394. CAGANER.COM will inform the Customer how to proceed with the return of the product. 

8. REFUND OF AMOUNTS PAID

When, in accordance with clauses 5, 6 and 7, the Customer is entitled to a refund of amounts paid, the refund will be made through the means of payment used in the purchase, except for having paid cash on delivery, in which case the refund will be made by transfer.

CAGANER.COM will not issue a refund or resend any merchandise until the returned item has been received and its condition verified. Once the returned product has been verified to be in good condition, CAGANER.COM will process the refund within a maximum of 14 (fourteen) days.

9. GENERAL INFORMATION

CAGANER.COM will archive the electronic document formalizing the contract. This document will be accessible to the Client via the website, and the Client may also request a copy by contacting our Customer Service department at info@test.caganer.com.

The contract and documents related to the purchase of the products may be in Catalan, Spanish, or English. In case of doubt or contradiction, the Spanish version shall prevail.

10. CUSTOMER SERVICE

Customers may direct their questions, complaints, or claims to CAGANER.COM by mail, email, or by calling the telephone number listed on the website. CAGANER.COM is committed to responding to customers as quickly as possible.

11. APPLICABLE LAW AND JURISDICTION

These Purchase Conditions are governed by Spanish law. The parties submit to the jurisdiction of the courts of the consumer's domicile for the resolution of any disputes arising from this contract.