GENERAL CONDITIONS OF

SALE

www.pomilovers.com

1. GENERAL INFORMATION

The ownership of this website www.pomilovers.com, (hereinafter Website) is held by: Eduardo Martínez Fernández (Pomilovers), with NIF: 78976731K, and whose contact information is:

Address: Carrer Bruniquer, 52, Bajos, 08402 Granollers Barcelona

Contact telephone number: 659 088 838

Contact email: hola@pomilovers.com

This document (as well as other documents mentioned here) regulates the conditions under which

governs the use of this Website (www.pomilovers.com) and the purchase or acquisition of products and/or services

in it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Pomilovers carries out through the Site

Web includes:

Marketing and distribution of pet products, particularly small breed dogs through

of online sales.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User

You must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the

Pomilovers privacy and data protection policy. By using this Website or by doing and/or

request the acquisition of a product and/or service through it, the User agrees to be

bound by these Conditions and by everything mentioned above, so if you do not agree

However, you should not use this Website.

Likewise, you are informed that these Conditions could be modified. The User is responsible for

consult them every time you access, browse and/or use the Website since those that are

are in force at the time the acquisition of products and/or services is requested.

For all questions that the User may have in relation to the Conditions, they can contact

contact the owner using the contact details provided above or, where applicable, using the

Contact Form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to as

interchangeably, individually as a User or jointly as Users), therefore they are accepted,

since you start browsing the Website, all the Conditions established here, as well as their

subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations

compliance as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend

to:

Use this Website only to make inquiries and purchases or acquisitions.

legally valid.

Do not make any false or fraudulent purchases. If it could reasonably be considered that

made a purchase of this nature, it could be canceled and the relevant authorities would be informed.

Provide truthful and lawful contact information, for example, email address, address

postal and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this

Website.

The Website is aimed mainly at Users residing in Spain. Pomilovers does not guarantee that the

Website complies with the laws of other countries, either totally or partially. Pomilovers declines all

responsibility that may arise from said access, nor does it ensure shipments or provision of

services outside Spain.

The User may formalize, at their choice, with Pomilovers the contract for the sale of the products and/or

desired services in any of the languages ​​in which these Conditions are available in

this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the means and forms

established. They must follow the online purchase and/or acquisition procedure of www.pomilovers.com,

during which various products and/or services can be selected and added to the cart, basket or

final purchase space and, finally, click on: \"Pay Now\"

Likewise, the User must fill out and/or verify the information requested in each step,

although, during the purchase process, before making the payment, the details of the purchase can be modified.

buys.

Next, the User will receive an email confirming that Pomilovers has received their order

or purchase request and/or provision of the service, that is, the order confirmation. And, in his case, he

You will also inform by email when your purchase is being shipped. In your case,

This information could also be made available to the User through their personal space.

connection to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating a

electronic invoice that will be sent to the User through email and, if applicable, through

your personal space connecting to the Website. Likewise, the User can, if they wish, obtain a

copy of your paper invoice, requesting it from Pomilovers using the contact spaces on the Website or

through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of

sale that concern the product and/or service in question and that are shown together with the presentation or, in

If applicable, an image of it on its page on the Website, indicating, by way of example, but not exhaustive, and

taking into account each case: name, price, components, weight, quantity, color, details of the products, or

characteristics, way in which they will be carried out and/or cost of the services; and recognizes that

Placing the purchase or acquisition order materializes full and complete acceptance of the

particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Pomilovers is not the manufacturer of the products.

sold or that could be marketed on the Website. Although Pomilovers makes great

efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or

Materials and/or components of the products may contain additional or different information than the

that appears on the Website. Therefore, the User must not only consider the information provided by the

Website, but also the information available on the labeling, warnings and/or instructions that

accompany the product.

4. AVAILABILITY

All purchase orders received by Pomilovers through the Website are subject to the

availability of the products and/or that no circumstance or cause of force majeure (clause nine

of these Conditions) affects their supply and/or the provision of services. Whether

difficulties arise regarding the supply of products or there are no products left in stock,

Pomilovers undertakes to contact the User and refund any amount that may have been

paid as an amount. This will also be applicable in cases in which the provision of

a service would become unrealizable.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, except where

legal requirement, especially with regard to VAT, a different issue is identified and applied.

Shipping costs are included in the final prices of the products as shown.

on the website. Thus, Pomilovers provides delivery and/or shipping services through: DHL.

In no case will the Website add additional costs to the price of a product or service in a manner

automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or

purchases in respect of which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card, and PayPal

Likewise, the User may pay all or part of the purchase price with a gift card and/or a

credit card issued by Pomilovers

Pomilovers uses all means to guarantee the confidentiality and security of payment data

transmitted by the User during transactions through the Website. As such, the Website uses

a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to verification and authorization by the banking entity.

issuer of the same, if said entity does not authorize the payment, Pomilovers will not be responsible for any

delay or lack of delivery and will not be able to formalize any contract with the User.

Once Pomilovers receives the purchase order from the User through the Website, it will be

a pre-authorization on the corresponding card to ensure that there are sufficient funds to

complete the transaction. The charge on the card will be made at the time the User is sent the

confirmation of shipment and/or confirmation of the service provided in the form and, where applicable, place

established.

If the payment method is PayPal, gift card or credit card, the charge will be made at the time

Pomilovers send a confirmation of the purchase order or acquisition of products and/or services to

User.

In any case, by clicking on \"Pay Now\" the User confirms that the payment method used is theirs,

or that, where applicable, is the legitimate holder of the gift card or credit card.

6. DELIVERY

In cases where it is necessary to physically deliver the contracted good, deliveries will be made

within the scope of the following territory: Spain (Peninsula and Balearic Islands)

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate,

derived from the customization of the products, the purchase order consisting of the products

related in each purchase confirmation will be delivered within the period indicated on the Website according to

the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days to

count from the date of order confirmation.

If for any reason, attributable to it, Pomilovers could not meet the delivery date,

will contact the User to inform him of this circumstance and he may choose to continue with the

purchase by establishing a new delivery date or cancel the order with a full refund of the

price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the absence of the User, the order could be

returned to the warehouse. However, the carrier would leave a notice explaining where the

order and how to get it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact

with Pomilovers to arrange delivery on another day.

In the event that 30 days have passed since your order is available for delivery, and it has not been

delivered for reasons not attributable to Pomilovers, Pomilovers will understand that the User wishes to withdraw from the

contract and it will be considered resolved. As a consequence of the termination of the contract, all payments

received from the User will be returned, except for additional costs resulting from the choice

of the User of a delivery method different from the least expensive delivery method

ordinary offer offered by the Website, without any undue delay and, in any case, within the maximum period

of 14 calendar days from the date on which the contract is considered terminated.

However, the User must keep in mind that the transportation derived from the resolution may have a

additional cost that may be passed on to you.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been

been delivered at the time in which the User or a third party indicated by the User acquires the

material possession of the products, which will be accredited by signing the receipt of the order in the

agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of their

delivery. The User acquires ownership of the products when Pomilovers receives full payment of

all amounts due in relation to the purchase or acquisition made, including the costs of

shipment, or at the time of delivery, if this takes place at a time after receipt

full amount of the amount paid by Pomilovers.

In accordance with the provisions of Law 37/1992, of December 28, on Value Tax

Added (VAT), purchase orders for delivery and/or provision will be understood to be located in the

territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands,

Ceuta and melilla. The applicable VAT rate will be the one legally in force at all times depending on the

specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that they detect that an error has occurred when

enter data necessary to process your purchase request on the Website, you may modify the

themselves by contacting Pomilovers through the contact spaces enabled on the Site

Web, and, where appropriate, through those authorized to contact customer service,

and/or using the contact information provided in the first clause (General information). In addition,

This information could also be corrected by the User through their personal space.

connection to the Website.

In any case, the User, before clicking on \"Pay Now\", has access to the space, cart, or

basket where your purchase requests are recorded and you can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, in

Specifically, the Privacy Policy to obtain more information on how to exercise your right to

rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council,

of April 27, 2016, regarding the protection of natural persons with regard to the processing of

personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of 5

December, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases in which the User purchases products on or through the owner's Website, they are assisted by a

series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, is assisted by the

right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or an authorized third party

by the latter, other than the carrier, acquired material possession of the goods purchased on the Website

of Pomilovers or in the event that the goods that make up your order are delivered separately, within 14

calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the

material possession of the last of those goods that made up the same purchase order, or in the case of

If it is a service contract, 14 calendar days from the day the contract was signed.

To exercise this right of withdrawal, the User must notify Pomilovers of their decision. You will be able to

do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly express

clear and unequivocal that it is your intention to withdraw from the purchase contract. In any case, the User may

use the model withdrawal form that Pomilovers makes available to you as part

annexed to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the

decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, Pomilovers will reimburse the User for all payments received, including expenses

shipping (with the exception of additional costs chosen by the User for a shipping method

different from the least expensive modality offered on the Website) without any undue delay and, in all

case, no later than 14 calendar days from the date on which Pomilovers is informed of the

decision to withdraw by the User.

Pomilovers will reimburse the User using the same payment method that the User used to make the payment.

initial purchase transaction. This refund will not generate any additional cost to the User. Nevertheless,

Pomilovers may withhold said refund until it has received the products or items of the purchase, or

until the User presents proof of their return, depending on which condition is met.

first.

The User can return or send the products to Pomilovers at the address:

Carrer Bruniquer, 52, Bajos, 08402 Granollers Barcelona

And it must do so without any undue delay and, in any case, no later than within 14 days.

natural from the date on which Pomilovers was informed of the decision to withdraw.

The User acknowledges knowing that they must assume the direct cost of return (transport, delivery) of the

assets, if any were incurred. In addition, you will be responsible for the decrease in value of the products.

resulting from manipulation other than that necessary to establish the nature, characteristics and

the functioning of the assets.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in the

article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the text

recast of the General Law for the Defense of Consumers and Users and other laws

complementary. By way of example, and not exhaustive, this would be the case of: personalized products;

products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging,

as sealed at the factory; products that for hygiene or health reasons are sealed and

have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Site is governed.

Web, since this same Law establishes that the Right of withdrawal will not assist Users when the

provision of the service has been fully executed, or when it has begun, with the

express consent of the consumer and user and with their recognition that it is

aware that, once the contract has been fully executed by Pomilovers, there will be

lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the

same, of products that are not in the same conditions in which they were delivered or that have

suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the

instructions and other documents that accompany them, if applicable, in addition to a copy of the invoice

buys.

At the following link you can download the Model withdrawal form:

https://www.pomilovers.com/desistimiento

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the

product does not comply with what is stipulated in the contract or purchase order, and, therefore, it must be

Contact Pomilovers immediately and let them know of the existing non-conformity (defect/error)

by the same means or using the contact information provided in the previous section (Right

of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, a

Once returned, they will be examined and the User will be informed, within a reasonable period, if applicable.

refund or, where appropriate, replacement.

The refund or replacement of the product will be made as soon as possible and, in any case, within the

14 days following the date on which we send you an email confirming that the

refund or replacement of the non-conforming item.

The amount paid for those products that are returned due to a defect, when

actually exists, it will be fully refunded, including delivery costs and costs in which

the User could have incurred to make the return. The refund will be made for the same

means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times will always be respected.

for the User, as consumer and user.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that may be purchased from

through this Website, in the terms legally established for each type of product,

Pomilovers responding, therefore, for the lack of conformity of the same that is manifested in a

within two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the

description made by Pomilovers and possess the qualities presented therein; are suitable for

the uses to which products of the same type are ordinarily put; and present the quality and

usual features of a product of the same type and that are fundamentally expected from the

same. When this is not the case with respect to the products delivered to the User, the User must proceed as

and as indicated in the Return of defective products or shipping error section. Nevertheless,

Some of the products sold on the Website may present characteristics that are not

homogeneous as long as these derive from the type of material with which they have been manufactured, and that therefore

They will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could happen that the User purchases a product from a company on the Website.

brand or manufacturing by a third party. In this case, and considering the User that it is a product

defective, he also has the possibility of contacting the brand or manufacturer

responsible for the product to find out how to exercise your legal warranty right directly against

the same during the two years following the delivery of said products. To do this, the User must

have retained all information regarding the product warranty.

9. DISCLAIMER

Unless otherwise provided by law, Pomilovers will not accept any responsibility for the

following losses, regardless of their origin:

any losses that were not attributable to any breach on your part;

business losses (including lost profits, income, contracts, anticipated savings,

of data, loss of goodwill or unnecessary expenses incurred); or of

any other indirect loss that was not reasonably foreseeable by both parties in the

moment when the contract for the sale of the products between both parties was formalized.

Likewise, Pomilovers also limits its liability in the following cases:

Pomilovers applies all measures to provide a faithful display of the product.

on the Website, however, is not responsible for the slightest differences or inaccuracies that

may exist due to lack of screen resolution, or problems with the browser used

or others of this nature.

Pomilovers will act with the utmost diligence in order to make available to the company

responsible for transporting the product object of the purchase order. However, it is not

responsible for damages resulting from a malfunction of transport, especially

due to causes such as strikes, traffic jams, and in general any other nature of the

sector, resulting in delays, losses or theft of the product.

Technical failures that, due to fortuitous or other reasons, prevent normal operation of the

service over the internet. Lack of availability of the Website for maintenance reasons or

others, that prevents the service from being available. Pomilovers puts all the means at its disposal in order to

carry out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from

liability for causes that are not attributable to him, fortuitous event or force majeure.

Pomilovers will not be responsible for the misuse and/or wear of the products that have been

used by the User. At the same time, Pomilovers will not be responsible for any

erroneous return made by the User. It is the User's responsibility to return the product

correct.

In general, Pomilovers will not be responsible for any failure or delay in the

compliance with any of the obligations assumed, when it is due to events

that are beyond their reasonable control, that is, that are due to force majeure, and this

may include, but is not limited to:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or

threat or preparations for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other

natural disaster.

Impossibility of using trains, ships, airplanes, motor transport or other means of transportation

transportation, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any government or authority

public.

In this way, the obligations will be suspended during the period in which the cause of force majeure

continue, and Pomilovers will have an extension in the deadline to comply with them for a period of time

equal to the duration of the cause of force majeure. Pomilovers will use all reasonable means to find

a solution that allows you to fulfill your obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND

NOTIFICATIONS

By using this Website, the User accepts that most communications with

Pomilovers are electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges

that all contracts, notifications, information and other communications that Pomilovers sends

Electronics meet the legal requirements of being in writing. This condition will not affect the rights

recognized by law to the User.

The User can send notifications and/or communicate with Pomilovers through the contact information

that are provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Pomilovers may contact and/or notify the User in their

email or postal address provided.

11. WAIVER

No waiver by Pomilovers of a specific legal right or action or the lack of requirement by

Pomilovers of strict compliance by the User with any of their obligations will not entail any

waives any other rights or actions derived from a contract or the Conditions, nor will it exonerate the

User compliance with their obligations.

No waiver by Pomilovers of any of these Conditions or of any rights or actions

derived from a contract will take effect, unless it is expressly established that it is a waiver and

is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final resolution issued

by competent authority, the rest of the clauses will remain in force, without being affected by

said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the

entire agreement existing between the User and Pomilovers in relation to the object of sale and

They replace any other pact, agreement or previous promise agreed verbally or in writing by the parties.

same parts.

The User and Pomilovers acknowledge having consented to the conclusion of a contract without having trusted

no statement or promise made by the other party, except as expressly stated

mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Pomilovers in the course of a

transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or

data protection (contained, where applicable, in the Legal Notice and General Conditions of Use). When accessing,

By browsing and/or using the Website, the User consents to the processing of said information and data and declares

that all the information or data provided are true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and the product purchase contracts through the

They will also be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to access, navigation and/or

use of the Website, or with the interpretation and execution of these Conditions, or with sales contracts

between Pomilovers and the User, will be subject to the non-exclusive jurisdiction of the courts and tribunals

Spanish people.

16. COMPLAINTS AND CLAIMS

The User can send Pomilovers their complaints, claims or any other comments they wish.

made through the contact information provided at the beginning of these Conditions (Information

General).

In addition, Pomilovers has official complaint forms available to consumers and

users, and that they can request Pomilovers at any time, using the contact details

that are provided at the beginning of these Conditions (General Information).

Likewise, if from the execution of this purchase contract between Pomilovers and the User a

controversy, the User as a consumer may request an extrajudicial resolution of disputes,

in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013,

on online dispute resolution in consumer matters and amending the Regulation (EC)

2006/2004 and Directive 2009/22/EC. You can access this method through the following website:

https://ec.europa.eu/consumers/odr/.

This General Purchase Conditions document has been created using the template generator

of general online purchasing conditions on 11/22/2021 .