General terms and conditions of contract and customer information

  1. General Terms and Conditions
  • 1 Basic provisions

(1) The following general terms and conditions apply to contracts that you enter into with us as a supplier FEIXOA CONSULTORES SL through the website www.feixoa.com Unless otherwise agreed, the inclusion of the general terms and conditions that you use is rejected.

(2) For the purposes of these provisions, a consumer means a natural person who enters into a legal transaction for purposes that are not predominantly attributable to his or her commercial activity or to his or her independent professional activity. An entrepreneur is understood to be any natural or legal person, or company with legal capacity, who, when entering into a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

  • 2 Formation of the contract

(1) The object of the contract is the purchase and sale of goods.

(2) By placing the respective product on our website, we present you with a binding offer to enter into a contract under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The products you want to buy are placed in the shopping cart. You can access the shopping cart using the corresponding button in the navigation bar and make changes at any time.
After accessing the ‘Payment’ page and entering your personal details, as well as the payment and shipping terms, all order details will be displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal/PayPal Express, UNIONPAY, Amazon Payments, Sofort), you will be taken directly to the order overview page in our online shop or will be redirected to the website of the instant payment system provider.
If you are redirected to the relevant instant payment system, please make the appropriate selection or enter your details there. Finally, you will return to the order summary page in our online shop.
Before placing the order, you can review all the information, modify it (including through the ‘Back’ function of your browser) or cancel the purchase.
By submitting your order via the ‘buy’ button, you legally accept the offer and thus conclude the contract.

(4) Your requests for quotations are not binding. We will send you a binding offer in writing (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information necessary for the conclusion of the contract are carried out partially automatically by e-mail. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.

  • 3 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

  • 4 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, please inspect the goods immediately after delivery for completeness, obvious defects and transport damage, and notify us and the carrier of any claims as soon as possible. Failure to do so will not affect your statutory warranty rights.

  • 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1) SPANISH law shall apply. In the case of consumers, this choice of applicable law will only apply to the extent that it does not deprive them of the protection afforded to them by the mandatory provisions of the law of the State in which they have their habitual residence (principle of the most favourable law).

(2) The place of performance of all services arising from our business relationship and the competent forum is our registered office, unless you are a consumer, but a trader, a legal person under public law or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time of filing the claim. This does not affect the right to bring an action before a court of another legally established jurisdiction.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not expressly apply.

  1. Customer Information
  2. Identity of the seller

FEIXOA CONSULTORS SL
BOEL 13

15230 OUTES
ESPAÑA
Phone: +34 696422480
Email: info@FEIXOA.COM

Alternative dispute resolution:
The European Commission offers a platform for online dispute resolution (ODR platform), which can be accessed on https://ec.europa.eu/odr .

  1. Information on how the contract was concluded

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions of the ‘Contract Formation’ section of our General Terms and Conditions (Part I).

  1. Contract language, storage of contract text

3.1. The language of the contract is SPANISH.

3.2. We do not store the full text of the contract. Before placing your order via the online shopping cart, you can print or electronically save the contract details using the print function of your browser. Upon receipt of your order, we will send you the details of your order, the legally required information for distance sales contracts and the General Terms and Conditions by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract details in the form of a binding offer, e.g. by e-mail, which you can print or save electronically.

  1. Essential characteristics of products or services

The essential characteristics of the goods and/or services can be consulted in the respective offer.

  1. Prices and payment terms

5.1. The prices indicated in the respective offers as well as the shipping costs represent total prices. They include all components of the price, including applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be viewed via the respective button on our website or in the respective offer, are displayed separately during the order process and must be borne by you in addition to the purchase price, unless free shipping is offered.

5.3. If you send money to countries outside the European Union, you may incur additional costs beyond our control, such as customs duties, taxes or money transfer fees (transfer or currency exchange fees charged by credit institutions), which you will be responsible for.

5.4. You will be responsible for any costs arising from the money transfer (transfer or exchange fees charged by credit institutions) if the delivery is made to an EU member state, but the payment is initiated outside the European Union.

5.5. The available payment methods are displayed in a button with the corresponding name on our website or in the corresponding offer.

5.6. Unless otherwise stated on each payment method, claims for payment arising from the contract entered into will expire immediately.

Supplementary General Terms and Conditions for Installment Purchases with UNIONPAY

  1. Scope of application and general terms and conditions of use

The following additional terms and conditions (hereinafter referred to as the ‘Terms’)
apply between you and the merchant for all contracts entered into with the merchant
in which UNIONPAY’s instalment payment is used (hereinafter referred to as ‘Purchase in Instalments’).
In the event of a conflict, these Additional Terms prevail over any conflicting terms
of the merchant.

  1. Purchase in installments

For its purchase, the merchant, with the support of BANCO SANTANDER EN SERRA DE OUTES 15230 SPAIN (hereinafter, SANTANDER BANK),
offer installment payments as an additional payment option.
The merchant reserves the right to verify your creditworthiness. More details can be found
in the data protection notice of payment in instalments during the order process. Yes
The use of installment payment is not possible due to insufficient creditworthiness or when reaching the merchant’s sales limit
, the merchant reserves the right
to offer you an alternative payment method.
The installment agreement is entered into between you and the merchant.
No upfront payment is made; Instead, with installment payments, you choose to pay the purchase price in monthly installments. Monthly fees are payable
for a fixed term, so the final payment may differ from the amounts of the previous installments. Ownership of the goods remains with the merchant until full payment is received. Accounts receivable derived from the use of installment payments are assigned by the merchant to SANTANDER BANK under an existing factoring agreement. Payments can only be made to SANTANDER BANK to be considered valid. Apart from general trading oversight, trading is not subject to any regulatory oversight. Complaints can be addressed to the merchant by post or email.

  1. Payment in instalments by SEPA Direct Debit

By granting a SEPA Direct Debit order with your installment purchase, you authorize SANTANDER BANK AG to collect
the payments corresponding to the installment purchase from your
current account specified during the order process at the bank indicated in said process by SEPA Direct Debit. The payment will be made no later than the date indicated in the prior notification. A subsequent collection could occur, but always within the established period. If the purchase price decreases between the prior notice and the due date (for example, due to credit memos), the amount due may differ from the amount indicated in the prior notice.

You are responsible for ensuring that your checking account has sufficient funds on the due date
. Your bank is not required to accept direct debit
if there are insufficient funds in your checking account.
If a direct debit is returned due to insufficient funds, a
unauthorized objection by the account holder or closure of the checking account
, you will be delinquent without notice, unless
Direct debit chargeback is due to circumstances beyond your control.
SANTANDER BANK can claim any costs charged by your bank for a
returned direct debit caused by you as damages, and
You are required to reimburse these costs. You retain the right to prove that SANTANDER BANK incurred minor or no damages
. If you are in arrears, SANTANDER BANK is entitled to charge a reasonable reminder fee or late payment interest at a rate of five percentage points above the respective European Central Bank base interest rate
for each reminder. Due to the high costs associated with chargebacks, please do not dispute the SEPA direct debit in the event of cancellation of the purchase contract, return or claim. In these cases, the payment will be reversed after consultation with the merchant, refunding the corresponding amount or issuing a credit note. (As of September 2022)

Delivery conditions

6.1. Delivery conditions, delivery dates and possible delivery restrictions can be found on the relevant button on our website or in the relevant offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment is transmitted only at the time of delivery, regardless of whether the shipment is insured or not. This does not apply if you have independently contracted with a carrier not designated by the seller or another person responsible for shipping.

  1. Statutory warranty rights

Liability for defects is governed by the ‘Warranty’ provision of our General Terms and Conditions (Part I).

Reporting obligation pursuant to Article 36 of the Consumer Dispute Resolution Act (VSBG)

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.