GENERAL TERMS AND CONDITIONS of USAGE

 

  1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS. 

THE PRINCIPAL is PETWORK MARKETING EUROPE (a brand owned by 43.Digital Europe SL)(hereinafter also the provider), with registered office at Placeta de Sant Joan 17, Botiga 20, 17220 Sant Feliu de Guíxols, Girona, NIF/CIF B70680012, customer service telephone +34 613 49 47 37 , and e-mail: , being the owner of the website at https://petwork.marketing, provides the contractual document that will govern the contracting of products through the aforementioned website. 

The CUSTOMER, the end-User-Customer (hereinafter the User), registered on the website by means of a user name and password, for which he or she is fully responsible for the use and safe-keeping, and is responsible for the accuracy of the personal data provided to the provider.

BOTH ACCEPT this document, which implies that the user 

  1. Has read, understands and accepts what is stated here.
  2. That he/she is a person of legal age and with sufficient capacity to enter into this contract.
  3. That you assume all the obligations set forth herein.
  4. That you have read and accept these general conditions of purchase from the moment you purchase any product offered.

This document can be printed and stored by the Users.

The provider makes available to them the e-mail address so that they can raise any questions about these conditions.

These conditions will be valid for an indefinite period and will be applicable to all contracts made through the provider's website.

The provider reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products. 

It is advisable to keep a copy of the data contained in the products purchased. 

Petwork Marketing Europe is not responsible for any loss of data, files or any damage resulting from a failure of storage or backup by the user of the data regardless of the type of storage media used whether electronic or other.

Petwork Marketing Europe is not responsible for the consequences that could result from the improper use of the products on sale on the website. 

The civil responsibility of Petwork Marketing Europe for the products supplied is limited to the amount of the same, the user renounces any responsibility to the provider for any concept in any case of dissatisfaction with the products acquired on the website https://petwork.marketing, as well as possible failures, slowness of access or errors in access to the website, including loss of data or other types of information that may exist on the computer or network of the user accessing the website.

Petwork Marketing Europe is a company brand specialised in selling products for pets.

 

  1. OBJECT OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship between the provider and the user at the moment in which the latter accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GTC will be applied from the day the order is placed. 

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined and publicly displayed price through the website, of a specific product. 

2.2 Territory of application: The petwork.marketing virtual shop is active throughout Spain and the EU/EEA.

2.3 Capacity to contract: To be able to place an order you must be of legal age and have the capacity to contract on behalf of yourself or the company that you represent.

2.4 Customer acceptance: Validation of an order through the petwork.marketing website is made by e-mail and also implies automatic acceptance of the GCS. These conditions are available on the website https://petwork.marketing or, if you wish and request it, we can make it available to you by e-mail. 

2.5. Modification of the General Contracting Conditions: Petwork Marketing Europe reserves the right to make changes and/or modifications to these GCC. We advise our clients to review them regularly. In the event that these changes or modifications are made after an order has been placed, the conditions in force on the date when the order was placed will apply.

 

  1. INFORMATION PROVIDED ON THE WEBSITE https://petwork.marketing: 

3.1 Publication of prices: Exceptionally, the prices of the products shown on our website may be specified incorrectly and show a lower price than the corresponding price. When this happens, and if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the price is higher, you can cancel your order and we will reimburse you any amount that would have already been paid.

3.2 Product information: Information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees constitutes an invitation to deal. Such information does not constitute an offer to supply any product on our part. 

The contents of https://petwork.marketing are constantly being renewed and updated in order to offer our customers the most complete and detailed information possible. Due to this, it is possible that the contents may, on exceptional occasions, show provisional information on some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on their part.

All the contractual information on the website is displayed in Catalan and Spanish and English. Communication with customers and users, as well as the formalisation of the contract, will be carried out in these languages, although, if the customer so wishes, this can be done in another language, always indicating this before starting the contracting procedure.

3.3 Availability of product(s): There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:

  1. a) choice of an alternative product, with similar characteristics to the product to be replaced; 
  2. b) communication of its availability, in case you prefer to wait until the product is available in the shop again.

If you decline our suggestions, the order related to these products will be cancelled and you will be refunded any amount you would have paid for them. 

3.4 Right of Cancellation: Petwork Marketing Europe reserves this action (right of cancellation) of the shipment of a given product that does not meet the quality requirements imposed on all products of www.petwork.marketing. In the event that this lack of quality is detected, the Petwork Marketing Europe customer services will suggest a replacement product and, if the replacement is not to the customer's liking, a refund of the cost of the product will be made.

3.5 Orders 24 hours a day, every day of the year: Orders will be received twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after 18:00 will not be processed until the following working day in our office location. Orders received during the weekend or holidays will be processed first thing the following Monday, or first working day. Orders received before 14:00 on a normal working day will normally be dispatched on the same day (subject to payment and stock availability). Orders received after 14:00 will normally be dispatched on the next working day.

3.6 Fraud: If Petwork Marketing Europe suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

 

  1. PURCHASING PROCEDURE:

In order to access the products offered by the provider, the user must register through the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data that will be required of him/her, which will be processed in accordance with the provisions of current legislation on data protection, Regulation (EU) 2016/679 of 27 April 2016 (RGPD), Organic Law 3/2018 of 5 December (LOPDGDD) and other legal regulations in force on the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.

The user will have a user name and a password, committing him or herself to make diligent use of them, and not to make them available to third parties, as well as to notify the provider of the loss or theft of them or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:

  1. The user will be asked to register in order to make the purchase (this registration is free of charge), in which a data collection form must be filled in. Once this form has been completed, you will receive an e-mail confirming your registration. If you are already registered, you can access your data by clicking on the button for users who are already registered. Please check the spam and junk mail controls in your email inbox and always verify that the contact details you provide are correct.
  2. You must choose the product by clicking on it, and it will be automatically added to the "shopping cart". 
  3. If you wish to add more products, you can select the option "Continue shopping". If by mistake you have added one that you do not want, you can click on the option to remove it from the shopping cart. In the shopping cart you will see the articles, the quantity, the price and the total amount. Once all the products have been chosen, the taxes, charges and discounts will be calculated according to the payment and delivery data entered. 
  4. Once you have chosen the product(s), you can click on the finish tab to place your order. When you click on this option, the purchase confirmation will appear. 
  5. In the next step you can select the billing and shipping address, if applicable. You must accept the Privacy Policy and Legal Notice.
  6. The summary of your order will appear, along with the transport and payment methods you have chosen. In the Observations section, you can indicate the delivery schedule or any other information you wish to provide us with.
  7. To end the process, you must click on the End Purchase button

In any case, the provider's contracting platform will inform the user, once the purchase procedure has been completed, by e-mail, of a confirmation of the order placed. 

If there is any type of error in the address indicated at any other point in the order, you must notify it immediately to the e-mail address that will appear on the website in order to proceed to correct this error.

If you have any doubts, you can contact our Customer Service Department by any of the methods provided on the website https://petwork.marketing. Princeps de Casa SL. will provide Customer Service for FREE through our contact email , if you choose another alternative means of communication, the user will be responsible for the particular cost of it. 

Petwork Marketing Europe offers you a Spanish telephone contact number and calls are subject to the cost of your telephone operator.

 

  1. SHIPPING:

The delivery time is usually between 1-2 working days, depending on the destination, the order placed and the method of payment chosen. This term is understood as long as the availability of the goods has been confirmed and the full payment of the order has been verified. 

Petwork Marketing shall not assume any responsibility when the delivery of the product or service is not carried out because the data provided by the user is false, inaccurate or incomplete. 

Delivery shall be considered to have taken place at the time when the carrier has made the products available to the user and the user, or the user's delegate, has signed the document of receipt of the delivery. 

It is the User's responsibility to check the products upon receipt and to set out all the reservations and complaints that may be justified on the document of receipt of the delivery.

In the event that the contract does not involve the physical delivery of any product, being these directly downloaded from the website, the provider will inform the user beforehand of the procedure to be followed to carry out this download.

 

  1. PRICES, VALIDITY AND TERMS OF OFFERS:

All prices shown on the website are valid except for typographical error or discontinued stock and are shown in Euro €. Unless expressly stated otherwise, these costs do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased. (IVA: In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on IVA, the delivery of products or services will be understood to be located in the territory of application of Spanish IVA if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable IVA rate will be the one legally in force at any given time, depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from IVA by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories).

Payment to the provider will result in an invoice being issued in the name of the registered user. This invoice will be automatically sent to the e-mail address provided by the user, as well as sent with the purchased product.

The prices applicable to each product will be applied automatically by the contracting process in the last phase of the same. The customer assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case, this will always be communicated to users in advance. 

In the case of promotions of limited duration, the promotion discount will be applied as long as the order has been registered during the promotion period.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not the order is subject to promotion.

For any information about the order, the User may contact Petwork Marketing's customer service telephone number or via e-mail at the address provided.

  1. FORMS OF PAYMENT:

Below we detail the systems available:

7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where all the digits of the card number must be specified on the corresponding form. The operation is formalised at the time of placing the order. We only accept payments with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorised by your bank or cashier. We do not charge until we send products.

We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment as it allows the encryption of the information transmitted during the transaction, ensuring the confidentiality of the same. 

7.2 Payment by transfer or deposit: When the order is completed, the user will receive instructions with the account number to pay the order. It is essential that the assigned order number and the user's name are clearly indicated on the transfer order. In order to confirm the order it will be necessary to make the transfer within 5 days, otherwise it will be cancelled in our system. 

  1. DELIVERY OF ORDERS:

8.1 Delivery Address: Orders will be delivered to the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete, or when the delivery cannot be made due to causes beyond the control of the delivery company assigned for this purpose, such as the absence of the recipient.

The delivery time of the order will be during normal working hours.

Without prejudice to the above, the provider has taken the measures required of a diligent trader to ensure that delivery can be made within the agreed time and no liability can therefore be imputed to the provider.

Deliveries are only made to destinations in mainland Spain and the Balearic Islands.  

Petwork Marketing Europe will make every effort to ensure that your order is delivered within the time limit stated on our website on the date the order confirmation is issued.

8.2 Delivery periods: these correspond to those set out in each product file. In the case of products not available at the time of purchase, our Customer Service Department will be able to provide you with information on availability and a delivery period.

If you have ordered several products in the same order please note that they may have different dates of availability, in which case you may receive them on different dates. Please note that in the event of unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time prior to shipment by contacting our Customer Service Department at the following email address: indicating the order number.

8.3 Damage on delivery: The products are delivered in secure packaging. If, at the time of delivery, it is clearly and visibly apparent, without the need to manipulate the shipping containers or the product itself, that a product is defective due to damage caused by transport, or if, in the same way, an error is noted in the goods received, the customer must detail this fact on the receipt signed by the carrier and immediately contact our Customer Service line +34 613 49 47 37 or by email to within 24 hours of receipt, in order to request the return of the product or products affected and proceed to replace them with another in optimum conditions or to reimburse the price paid for them, as indicated in the email.

A proof of delivery without any damage is equivalent to a product with the packaging in perfect condition. Similarly, if damage is detected to the product once the package has been opened and is in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line +34 613 49 47 37 or email . No claims for product damage will be accepted 24 hours after delivery.

  1. RIGHT OF WITHDRAWAL:

9.1 Business transactions are not covered by the Right of withdrawal under art. 71 Law 3/2014 of 27 March.

9.2 Return of defective product: the user must inform Petwork Marketing Europe of the lack of conformity with the product within 24 hours of receiving it. If the product is defective from its origin, the user must send an email to with the order number and explaining the reason for the return.  Our Customer Service Department will contact you by email or phone telling you how to proceed with the shipment of the defective product and providing you with a return number.

The product/s of the order must be returned to the address we will provide you with all the elements with which it was delivered in perfect condition, without any damage or marks indicating an inappropriate use of the good or different from the nature of the good itself. 

Once the defective product is received in compliance with these requirements and it is verified that the product(s) have some kind of manufacturing defect, we will contact you to arrange for the repair, replacement, reduction or termination of the contract. In any of the above cases, the costs incurred will be paid by Petwork Marketing Europe.

9.3 Return of non-defective product: When the product is not defective and its return has been motivated by ignorance or misuse,Petwork Marketing will contact you to indicate the steps to follow for the recovery of the product.

The customer will be responsible for the shipping costs of returning a product that does not have any defect or defect and Petwork Marketing Europe will not proceed with the return of the product until it has received payment in advance of the shipping costs. Verification by Petwork Marketing Europe that the product returned is faulty due to misuse or deficient protection during shipping may result in the cancellation of the Guarantee or a reduction in the value of the product.

9.4 Returns due to an error in the order by Petwork Marketing Europe: When the product does not correspond to that in the order, due to an error attributable to the company, the user must communicate this by email to the company as soon as possible; Petwork Marketing Europe will pay the costs of collecting the product sent in error and delivering the product corresponding to the order placed.

9.5 Checking returns: The verification and checking of the products to be returned will be carried out by Petwork Marketing Europe, which, once in its premises, will verify that they have been received in compliance with all the requirements established in section 9.1.  Failure to comply with these requirements may result in the cancellation of the Guarantee or cause a reduction in the value of the product. If any of the elements are missing, the product will be returned to your home with a note indicating the missing content. 

9.6 The right of withdrawal cannot be applied in the following cases:

  1. If the product is not in perfect condition.
  2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tapes applied directly to the product is prohibited.
  3. When the product is opened without being able to prove that it has not been used.
  4. In software applications that are directly downloaded through the portal.
  5. When they are personalised products or those which, for reasons of hygiene or other legally stipulated exceptions, are not subject to this right, such as refrigerated products.
  1. TAKING BACK STOCK:

10.1 Refund of shipping costs: If you request a refund of the shipping costs of the return you must send the products by standard mail (ordinary letter). The responsibility for the shipment falls exclusively on the transport company or means contracted for such shipment. The extra costs of contracting fast delivery services will be paid by the customer. 

10.2 Refunds for returns: In the case of returns, the refund of the amounts paid will be made through the means of payment used in the purchase. Princeps de Casa SL will not refund the amount or make any return of goods until the reception and condition of the packaging and accessories of the product being returned or exchanged has been verified in our warehouse.

10.3 Refund period: the refund will be made within 15 working days from the receipt and verification of the conditions of the receipt of the shipment. The maximum period to make the established payment is one month. In order to proceed with the refund you must provide us with the following details:

- return number

- Invoice and order number

- IBAN + 20 digits of your bank account.

10.4 Petwork Marketing Europe declines to refund amounts if: 

- the products are used or deteriorated, or their use has exceeded their nature.

- the products are missing some element.

  1. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES: 

11.1 Guarantee: All the products offered through the website are completely original, unless otherwise indicated in their description.

All products have a 2-year guarantee period, in accordance with the criteria and conditions described in Law 3/2014, of 27 March, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, except in exceptional cases where it may be of a different duration.

In the event that the Law on Guarantees for the Sale of Consumer Goods (23/2003, of July 10th) establishes that the product must be sent to the manufacturer in order to manage said guarantee, the Petwork Marketing Europe team will indicate how to proceed via email or telephone. In these cases, Petwork Marketing Europe is not responsible for how the manufacturer handles the guarantee of the product.

Unless proved otherwise, it will be understood that the products are in accordance with the contract as long as they comply with all the requirements expressed below, unless the circumstances of the case make it inapplicable:

  1. a) They comply with the description made by Petwork Marketing Europe.
  2. b) They are suitable for the uses to which the products of the same type are normally destined.

 

  1. c) Are suitable for any special use required by the client when they have made it known to Princeps de Casa SL at the time of the contract, provided that the client has admitted that the product is suitable for this use.
  2. d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by Petwork Marketing Europe.
  3. e) Petwork Marketing Europe describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public statements.

 

  1. The lack of conformity resulting from incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by Petwork Marketing Europe or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
  2. No responsibility will be accepted for any lack of conformity which the user is aware of or could not have been unaware of at the time the contract was concluded or which has its origin in materials supplied by the user.

11.2 Defective products: In the case of a defective product, Petwork Marketing Europe shall repair, replace, reduce the price or terminate the contract (as appropriate), which shall be free of charge for the user. Petwork Marketing Europe will be responsible for any faults that are revealed within two years of delivery, as long as Petwork Marketing Europe is informed of the fault within two months of becoming aware of it.

11.3 Guarantee cancellation cases: The guarantee does not apply in the following cases:

- Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,

- Expenses related to maintenance, repair or replacement by parts for normal wear and tear,

- Breakdowns and deterioration of accessories,

- Deterioration created by improper use of the product, inappropriate use, failure to follow instructions for use and maintenance, or improper installation,

- Damages generated by non-accredited persons or the user,

- Damage caused by accidents, lightning, flooding, fire or any other cause that is not the responsibility of the manufacturer,

- Damage caused by a failure of the system in which the product may be incorporated,

- If the model or serial number of the product shows any modification,

- Use of the product outside the family and private setting, for example in intensive professional use, or

- Products already repaired by Repair Services other than Petwork Marketing Europe.

11.4 Replacement of an irreparable product: In the event that the product is considered to be irreparable or the cost of repair is disproportionate to its value, it will be replaced by another product that is exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics. 

The replacement of your product will terminate your sales contract and guarantee extensions, if any, since when you purchase your new product it will benefit from a new contract as it is a new purchase.

  1. ONLINE DISPUTE RESOLUTION

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

  1. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these General Conditions were to be declared totally or partially null and void or ineffective, such nullity or ineffectiveness would affect only that provision or the part thereof that is null and void or ineffective, with the General Conditions remaining in full force and effect, with such provision, or the part thereof that is affected, being deemed not to have been made.

 

  1. APPLICABLE LAW AND JURISDICTION:

These conditions shall be governed by or interpreted in accordance with Spanish law in those matters not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the provider's (if a legal entity) or the user's (if an individual) domicile. 

In the event that the user is domiciled outside Spain, the provider and the user expressly renounce any other jurisdiction, submitting themselves to the Courts and Tribunals of the city of Sant Feliu de Guíxols (Spain).

 

  1. COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. Please send us your comments and suggestions using our contact form.

In addition, we have official complaint forms available to consumers and users. You can request them by calling the Customer Service telephone number +34 613 49 47 37or through our contact form.