INTRODUCTION
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we inform you that the ownership of the domain of our online store, www.balneariodearchena.com, corresponds to BALNEARIO DE ARCHENA S.A., registered in the Commercial Registry of Murcia, Folio 178, Book 33, Sheet 1060, with VAT number A30000145 and registered office at Carretera Del Balneario, s/n, C.P. 30600, Archena (Murcia), Spain (hereinafter referred to as “BALNEARIO DE ARCHENA,” the “Operator,” or “we/us”), phone number +34 968 68 80 22 and contact email info@balneariodearchena.com. You can also contact our Data Protection Officer at dpd@balneariodearchena.com.
PURPOSE
These general terms and conditions of sale and use of the BALNEARIO DE ARCHENA website (hereinafter referred to as the “Terms”) are intended to regulate the relationship between BALNEARIO DE ARCHENA and Internet users/customers (hereinafter referred to as “the buyer”). These Terms establish the rights and obligations of all users who visit the website. For the purposes of these Terms, it has been agreed that both the user and BALNEARIO DE ARCHENA will be jointly referred to as the “parties” and individually as a “party.”
Please read these Terms carefully before clicking the “I accept the general terms and conditions” button to place an order. By using this website or placing an order through it, the buyer expressly agrees to be bound by these Terms. If you do not agree to all the Terms, you should not place any orders. The Terms and the order summary sent to the buyer constitute a contractual agreement and make up the entirety of the contractual relationship between the parties.
These Terms may be modified. It is the buyer’s responsibility to read them periodically, as those in effect at the time of placing orders or, in the absence of orders, those applicable at the time of website usage will apply.
INFORMATION PROVIDED ON THE WEBSITE
The products that BALNEARIO DE ARCHENA offers for sale are those listed on the website at the time the user consults it, within the limits of available stock and subject to the conditions described herein.
Although every effort is made to ensure that the colors of the products shown in the photos on www.balneariodearchena.com are an accurate representation of the originals, variations may occasionally occur, especially due to the technical limitations of information technology in reproducing color. Therefore, BALNEARIO DE ARCHENA cannot be held responsible for any errors or inaccuracies in the photographs or graphics depicting the products displayed on www.balneariodearchena.com.
In any case, it is presumed that BALNEARIO DE ARCHENA provides truthful and accurate commercial information. This information may occasionally contain a typographical error. In such cases, which are entirely beyond the control of BALNEARIO DE ARCHENA, the error will be corrected as soon as it is detected. If the error was decisive in the CLIENT’s decision to purchase the product, they may cancel the purchase at no cost. Similarly, BALNEARIO DE ARCHENA may cancel the purchase, duly informing the CLIENT, in legally established cases and especially when the error involves a defect in the seller’s consent, for example, in the case of an obviously incorrect offer.
CLIENT’S RESPONSIBILITY
Buyers agree to use the Services lawfully, without violating current legislation or infringing on the rights and interests of third parties. They also guarantee the truthfulness and accuracy of the data provided when completing the order forms, avoiding causing harm to BALNEARIO DE ARCHENA due to inaccuracies.
Buyers wishing to make purchases through the website declare that they have full legal capacity and are over 18 years of age.
Failure to comply with any of these Terms may result in BALNEARIO DE ARCHENA withdrawing or canceling the Services without prior notice to the website user and without the right to any compensation.
LANGUAGE
Contracts entered into through the website will be formalized in Spanish.
HOW TO PLACE AN ORDER
The website user can browse the online store and fill their shopping cart without needing to register. However, to complete the purchase, it will be essential to provide certain required information to process the shipping details of the order.
To find the item you want, you can browse through all the sections of our website. By clicking on any of the categories, you will find a wide variety of products and services, their descriptions, availability, and corresponding prices. If you are looking for a specific product or service, you can use the search function on the website by entering any keyword related to the product you are looking for. If you can’t find what you’re looking for, we kindly ask that you contact us so we can assist you.
Once you’ve selected the item you want, all you need to do is:
• Click the “BOOK THIS HOTEL” button if it’s a reservation.
• Click the “Add to cart” button if it’s a product purchase.
If you continue shopping, you will always be able to see the shopping cart at the top right of the screen. By clicking on this option, you can view or modify the entire contents of your cart.
Once you have selected the items you wish to purchase:
• Click the “Book Now” button if it’s a reservation.
• Click the “Buy” button if it’s a product purchase.
At this point, you will be directed to a form with all the information about shipping and payment options, where you will need to provide the necessary details to complete the purchase and, if applicable, to arrange shipping.
By clicking the button:
• “Confirm Reservation” for a reservation, or
• “Place Order” for a product purchase,
you are making a binding declaration that you accept the completion of the order and are committing to pay for it.
PRICES
Product prices are displayed in euros. They include VAT (Value Added Tax) applicable at the time of the order. Offers will be clearly marked and identified as such, indicating both the previous price and the discounted offer price.
The price charged to the buyer will be the price indicated in the order confirmation sent via email by BALNEARIO DE ARCHENA.
The website user accepts BALNEARIO DE ARCHENA’s right to modify prices at any time. However, products will be billed according to the rates in effect when the order is placed, subject to availability. If there is a typographical error in any of the displayed prices and a customer has made a purchase decision based on that error, we will notify the customer of the mistake, and the customer will have the right to cancel the purchase at no cost.
The indicated prices do not include delivery costs, which will be billed separately, if applicable, and specified to the website users before the order is confirmed and finalized.
PAYMENT METHODS
You can pay with your bank card (credit or debit), Bizum, or via PayPal. Payment will be processed upon completing the order.
• Payment with PayPal: PayPal allows consumers with an email address to send payments online securely, conveniently, and cost-effectively. PayPal’s network is based on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. For more information, you can visit the PayPal website: http://www.paypal.com.
• Payment with Bizum: You only need to choose the “Pay with Bizum” option, enter your phone number, provide your Bizum code, and validate the transaction.
• Purchases with credit or debit card: The user will need to provide the cardholder’s name, card number, expiration date, and CVV. We accept payments via Visa, Mastercard, and American Express. Payment by credit card is completely secure. The entire transaction is encrypted through a banking validation server using SSL (Secure Socket Layer) encryption protocol. Thus, your credit card number and expiration date are instantly encrypted on your computer before being sent through the SSL protocol. No one can use your data without your authorization, as the information is unreadable. For added security, this data is not stored on our server, so you will need to provide all the information again with each new order.
BALNEARIO DE ARCHENA reserves the right to reject any order or delivery in the following cases:
• If there is an ongoing dispute with the buyer; for example, in the case of total or partial non-payment of a previous order by the buyer.
• If banking institutions reject the authorization of payment via credit/debit card.
• If payment is not made in full or only partially.
RESERVATION OF OWNERSHIP
Ownership of the product will be transferred upon full payment of the price.
ORDER CONFIRMATION
Once buyers have validated their order and payment, an order confirmation with a transaction number will be displayed. This confirmation will also be sent to the buyers via the order confirmation email. If you do not receive it, we recommend checking your spam (junk mail) folder. If it’s not there, please contact our customer service department via info@balneariodearchena.com. We also recommend that the buyer save a copy (electronic or printed) of the order information.
Please ensure that all order details are correct. If you notice any errors, you can correct them directly from the received email or by contacting customer service at +34 968 68 80 22 or via email at info@balneariodearchena.com.
SHIPPING CONDITIONS
Delivery Time: Shipments will only be made within the Iberian Peninsula. Once payment has been verified, the order should be delivered within one (1) to five (5) working days. Products requiring different delivery times will reflect this in their description. The product will only be shipped once payment has been received.
Shipping Costs: Shipments made within the Spanish mainland will incur a cost of €5.
Delivery: Products ordered by a buyer will be delivered to the address specified by the buyer in the order form.
BALNEARIO DE ARCHENA is not responsible for any delays in shipping by the transportation company due to logistical issues. Such delays do not imply cancellation of the order or a refund, nor do they allow for conditions regarding delivery times. If you need a specific delivery schedule, please contact us directly before completing your purchase to discuss pricing options that differ from those offered on our website.
If a delivery is delayed, the buyer should inform BALNEARIO DE ARCHENA’s customer service department as soon as possible by sending an email to info@balneariodearchena.com. BALNEARIO DE ARCHENA will contact the courier service to initiate an investigation. Investigations may take some time.
If the delivery cannot be made, the package will be returned to our warehouse, and the courier service will notify you of the unsuccessful delivery attempt.
If the recipient is not present at the time of delivery at the indicated address or refuses the package, BALNEARIO DE ARCHENA will not assume responsibility and reserves the right to charge 100% of the order value.
If the shipping address is incorrect or changed by the recipient, the costs of reshipping will be borne by the buyer.
The risk of loss or damage to the goods will pass to the consumer when they or a third party indicated by them, other than the carrier, have acquired physical possession. However, if you arrange for the transportation of the goods or if the chosen carrier is not among those proposed by the seller, the risk will pass to the consumer and user upon delivery of the goods to the carrier, without prejudice to their rights against the carrier.
It is important to inspect the package at the time of delivery. If you notice that the package is damaged, report the issue to the shipping agency and contact us at info@balneariodearchena.com.
RETURN POLICY
Legal Right to Withdraw from the Purchase: As a consumer and user, the buyer has the right to withdraw from this contract within 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the receipt of the order by the buyer or by a third party designated by them, other than the carrier.
To exercise the right of withdrawal, you must notify BALNEARIO DE ARCHENA via an email sent to info@balneariodearchena.com of your decision to withdraw from the contract through an unequivocal statement. You may use the following model withdrawal form, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication regarding the exercise of this right to be sent before the corresponding deadline expires.
Your right to withdraw from the purchase applies exclusively to those products that are returned in the same condition as they were received and ready for resale.
No refund will be made if the product has been opened and/or used, if its packaging has been damaged, or if it is not in the same condition as when delivered.
The item must be returned using or including all original packaging, instructions, and any other accompanying documents, if applicable.
Withdrawal is not possible for the supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery (for example: cosmetics, personal hygiene products, hair accessories, and all body-use products).
How to Return My Order: Once BALNEARIO DE ARCHENA receives the buyer’s return request, they will contact the buyer to indicate the steps to follow for the return, which must be completed within a maximum of 14 calendar days from the date on which the withdrawal decision is communicated.
Then, BALNEARIO DE ARCHENA’s courier service will collect the item at the scheduled time.
The transportation costs will be borne by the customer, amounting to €9. If the buyer prefers, they can send the item using another courier or logistics company, prepaid and assuming the delivery risk. The return order should be sent to:
BALNEARIO DE ARCHENA, Customer Service, Carretera Del Balneario, s/n, C.P. 30600, Archena (Murcia).
The buyer must prepare the package for pickup within the original packaging, ensuring that the labels have not been removed and that the item has not been used or manipulated. The return must meet these conditions to be accepted.
After receiving the item, and once it has been inspected, the buyer will be sent an email informing them of the acceptance of the return and their right to a refund of the amounts paid.
From that date, BALNEARIO DE ARCHENA will have 14 working days to refund the purchase amount and shipping costs, except for return shipping, which will only be refunded if BALNEARIO DE ARCHENA is responsible for the reason for the product return. The refund will be processed using the payment method used for the purchase.
If any of these conditions are not met, BALNEARIO DE ARCHENA will contact the buyer to offer the option to return any items that were not accepted. All costs associated with this return, including the shipping of these items, will be borne by the buyer. If they do not accept this condition, BALNEARIO DE ARCHENA may retain the items and the corresponding amount.
Exceptions to the Right of Withdrawal:
The right of withdrawal will not apply to contracts relating to:
• The supply of goods made to the specifications of the consumer and user or clearly personalized.
• The supply of goods that may deteriorate or expire rapidly.
• The supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery.
• The supply of accommodation services for purposes other than providing housing or services related to leisure activities, if the contracts specify a date or period for execution.
The right of withdrawal will also not be accepted if the item being returned is not exactly the one purchased, unless a different product was mistakenly sent, it has been unsealed after delivery, is not in perfect condition, or has been opened or used, except when the purchased product has some kind of defect or flaw.
Returns of Defective Products:
If the buyer believes that at the time of delivery the product does not conform to what was stipulated in the contract, they must immediately contact BALNEARIO DE ARCHENA via email at info@balneariodearchena.com, providing product details, order reference, and the nature of the damage, or by calling +34 968 68 80 22 for guidance on how to proceed.
The product may be returned following the previously outlined return conditions.
BALNEARIO DE ARCHENA will carefully examine the returned product and will inform the buyer by email whether a refund or, if applicable, a replacement is warranted. The refund or replacement of the item will be processed as soon as possible Possible and, in any case, within 14 days following the date we send you an email confirming that a refund or replacement of the non-conforming item is warranted.
The amounts paid for those products returned due to any existing defect will be fully refunded, including the delivery costs incurred to deliver the item and the costs incurred to return it to BALNEARIO DE ARCHENA. The refund will be made using the same payment method used for the purchase.
AVAILABILITY OF PRODUCTS
Products are offered subject to availability.
If it is found that a product is not available after an order has been placed and payment has been made, BALNEARIO DE ARCHENA will take the necessary measures to deduct the price of the unavailable products from the amount charged to the buyer’s bank account.
WARRANTIES
For the products marketed through the website, guarantees are offered to the buyer in accordance with the legally established terms for each type of product, thus responding for any lack of conformity that manifests within three years from the delivery of the product.
Products are considered to conform to the contract as long as (i) they match the description provided by BALNEARIO DE ARCHENA and have the qualities presented on the website, (ii) they are suitable for the uses for which products of the same type are ordinarily intended, and (iii) they present the quality and performance typical of a product of the same type that can reasonably be expected.
In this regard, if any of the products are not in conformity with the contract, you must inform BALNEARIO DE ARCHENA through any of the communication methods provided for this purpose.
Please note that the guarantees mentioned in this section do not apply to services. Therefore, they won’t be applicable to accommodation services or leisure-related activities, including, where relevant, vouchers or gifts that can be redeemed for a service. In such cases, the specific terms and conditions of the service in question will apply.
PARTIAL NULLITY
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in effect and will not be affected by the declaration of nullity.
AFTER-SALES SERVICE
Our customer service is available to handle any possible complaints. You can contact us by phone at +34 968 68 80 22, at the following address: Carretera del Balneario, s/n, 30600, Archena, Murcia. You can also reach us by email at info@balneariodearchena.com.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performing any of our obligations when such failure or delay is due to events caused by force majeure.
Force majeure causes will include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts, or other labor disputes.
- Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor vehicles, or other means of transport, whether public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
It will be understood that our obligations will be suspended for the period during which the force majeure cause continues, and we will have an extension of the time to fulfill these obligations for a duration equal to that of the force majeure cause.
We will make all reasonable efforts to end the force majeure cause or to find a solution that allows us to fulfill our obligations despite the force majeure.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks, and other industrial and intellectual property rights in the materials or contents provided as part of the website belong to us at all times or to those who licensed us to use them. You may use such material only in the manner expressly authorized by us or those who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact details.
VIRUSES, HACKING, AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or damaging programs or material.
You must not attempt to gain unauthorized access to this website, the server on which it is hosted, or any server, computer, or database related to our website.
YOU AGREE NOT TO ATTACK THIS WEBSITE THROUGH A DENIAL-OF-SERVICE ATTACK OR A DISTRIBUTED DENIAL-OF-SERVICE ATTACK.
Failure to comply with this clause may result in violations under applicable regulations. We will report any violation of such regulations to the competent authorities and cooperate with them to uncover the identity of the attacker.
Additionally, in the event of a breach of this clause, you will immediately lose the authorization to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or materials as a result of using this website or downloading content from it or from any linked sites.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.
NOTIFICATIONS AND WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send to you be in writing; however, by using this website, you agree that most of such communications with us may be electronic.
We will contact you by email or provide information by posting notices on this website.
For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send to you electronically meet the legal requirements of being in writing. This condition will not affect your rights recognized by law.
Notifications you send to us should preferably be sent via our contact form or through the means indicated in these conditions. According to the previous clause and unless otherwise stipulated, we may send communications either to the email or to the postal address you provided when placing an order.
It will be understood that notifications have been received and correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.
WAIVER
The lack of a request by us for the strict compliance by you of any obligations assumed by you under a contract or these Conditions, or the failure on our part to exercise the rights or actions that may correspond to us under such contract or Conditions, shall not constitute a waiver or limitation of such rights or actions nor shall it exempt you from fulfilling such obligations.
No waiver by us of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions arising from a contract shall be effective unless expressly stated as a waiver and formalized and communicated to you through the various contact means you provided.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. These changes will not have retroactive effect and, unless otherwise specified according to the specific case, will apply 10 days after the publication date in the corresponding notice. If you do not agree with the modifications made, we recommend that you refrain from using our website.
COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS. EXTRAJUDICIAL DISPUTE RESOLUTION
Your comments and suggestions are welcome. Please send us such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact form, the phone number, or the postal or email addresses indicated at the beginning of these General Conditions of Contract.
Additionally, we have official complaint forms available for consumers and users, which you can request by the same means.
Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. They will also be recorded with an identifying key, which we will provide you, allowing you to track them.
If you, as a consumer, believe that your rights have been violated when placing an online order, you should know that the European Commission provides a platform for the extrajudicial resolution of disputes, which you can access through the external link https://ec.europa.eu/consumers/odr/. Additionally, if you wish to request an extrajudicial resolution of disputes, you can send your complaints to us at the email address info@balneariodearchena.com.
APPLICABLE LEGISLATION
The purchases made on www.balneariodearchena.com are subject to Spanish legislation, in particular:
• Law 7/1998, of April 13, on General Contracting Conditions,
• Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws,
• Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC,
• Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.
In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Spanish national courts and tribunals will have jurisdiction. When the user qualifies as a consumer, the parties submit to the jurisdiction of the courts and tribunals of the consumer’s domicile, waiving any other jurisdiction.