Conditions of use and purchase

1. Introduction

This document (along with all the other documents mentioned herein) establish the terms and conditions regulating the use of this website (www.botiga.tram.cat, www.tienda.tram.cat www.shop.tram.cat) and the purchase of products on the aforementioned website (hereinafter the “Terms”). Please carefully read these Terms, our Cookies Policy and Privacy Policy (collectively, the “Data Protection Policies”) before using this website. By using this website or placing an order on this website you agree to be bound by these Terms and our Data Protection Policies. Therefore, if you do not agree with all these Terms and the Data Protection Policies, do not use this website.

These Terms may be modified. It is your responsibility to read them from time to time given that the applicable terms will be the terms valid at the time a Contract is entered into (according to the definition of contract further mentioned) or, in the absence of a contract, the terms valid at the time the website is used.

If you have any questions about the Terms or the Data Protection Policies, please contact us by writing an email to shop@tram.cat.

2. Our data

Items on this website are sold under the name TRAM by DETREN, COMPAÑÍA GENERAL DE SERVICIOS FERROVIARIOS S.L., MARFINA Y ARANDE S.L. UNIÓN TEMPORAL DE EMPRESAS LEY 18/1982 DE 26 DE MAYO (TRAMBAIX UTE), a Spanish company whose registered offices are located at Avinguda Barcelona s/n, 08970 Sant Joan Despí (Barcelona, Spain) and which is registered with the Temporary Business Alliances Registry of the Spanish Ministry of Economy and Public Finances under number 00096/2004 and has Spanish Company Tax Code U62868906.

3.Your data and visits to this website

Information and personal data you provide us with will be processed according to the provisions in the Data Protection Policies. By using this website, you agree to the information and data processing and declare that all information or data you provide us with is true and accurate.

4. Use of our website

By using and placing orders on this website, you agree to:

1. Use this website only for making legally valid queries or orders.

2. Refrain from making false or fraudulent orders. If an order is reasonably considered to be of this nature, we are authorised to cancel it and inform the competent authorities.

3. Truthfully and accurately provide us with your email address, postal address and/or other contact data. Furthermore, you give us the authorisation to use this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information indicated as mandatory, we will not be able to process your order.By placing an order on this website, you declare yourself to be 18 years of age or older and to have the capacity to enter into contracts.The products offered on the website are only intended for end consumers.

5. Service availability
The items offered on this website are available for shipment in Spain and, in some cases, abroad.

TRAM is not responsible for surcharges added to the shipment fee by customs duties or delays as a result of products being retained in customs.

6. How to place an order
To place an order, follow the online purchase procedure and click on “Make payment”. After this process has been completed, you will receive an email confirming reception of your order (“Order Confirmation”). Later, when the products are shipped you will receive another email (“Shipping Confirmation”).

7. Product availability
We take care to ensure that only items in stock are shown on the website; however, all products are subject to product availability. If problems in product supply occur or if the items are out of stock, we may inform you about new delivery dates or alternative quality products of equivalent or greater value that you can order. If you do not wish to order these alternative products, we will reimburse you for any amount you have paid. We may remove any product from this website at any time and remove or modify any material or content on the website.

8. Delivery

Notwithstanding the provisions in the previous clause regarding the availability of products unless extraordinary circumstances beyond our control occur, we will try to send the order before the delivery date indicated during the purchase process and in the Shipping Confirmation, and in any event, within a maximum of 30 days from the date of the Order Confirmation.

However, for customised products, delivery dates beyond this maximum time period may be established. These delivery dates will be indicated before confirming the purchase.

If for any reason we cannot comply with the delivery date, we will inform you of this situation. You will then choose to continue with the purchase by setting a new delivery date or to cancel the order and receive reimbursement for the total price paid. Keep in mind that we do not make home deliveries on Saturdays, Sundays or holidays.

If you have bought more than one item, the individual items may be sent separately as soon as each item is available for shipment and may arrive at different times.

For the purposes of these Terms, a “delivery” will be considered complete and an order considered “delivered” when you or a third party indicated by you acquires the material possession of the products, which will be confirmed with a signature at the time the order is received at the delivery address agreed upon.

9. Impossibility of delivery

The order shall be shipped to the delivery address indicated on your personal data form. You agree that you or another person you designate will be present at the address indicated to receive the parcel. If you cannot be at the place of delivery, we request that you contact us to arrange another place of delivery.

If you are not present at the time the first delivery is made, the carrier will offer you another possibility for delivery. If the order cannot be delivered, we will return the product to the warehouse. If 14 days elapse and you fail to contact us at our email (shop@tram.cat) to set up delivery, we will understand that you wish to withdraw from the Contract and the Contract will be terminated. As a result of Contract termination, we will return all payment received from you within a maximum time period of 14 days starting from the date on which we consider the Contract to be terminated. If you chose a shipment method other than the ordinary method at the lowest cost, the additional shipment fees for this shipment method will not be returned. Please keep in mind that you will also incur the additional transport costs resulting from Contract termination; therefore, we will be authorised to charge you for the costs of returning products.

10. Transfer of risk ad ownership
Products will be at your risk at the time of delivery.You will acquire ownership of the products when we receive complete payment for all amounts due corresponding to the products, including shipping fees, or at the time of delivery (according to the definition set forth in clause 8) if delivery occurred at a later time.

11. Price and payment
The price of products shall be the price provided at any given time on our website.

Prices on the website include VAT but do not include shipping fees. Shipping fees are at your expense and will be added to the total amount billable for the selected products. You will be informed of these fees before confirming the purchase.

Prices may change at any time but any possible changes will not affect the orders for which we have already sent an Order Confirmation.

Once you have selected the items you wish to purchase, these items will be added to your cart and the next step will be to confirm your order and make your payment. To complete this process, you must follow the steps in the purchase process by filling out and checking all the information that is requested in each step.

Furthermore, during the process and before making payment, you can modify your order details. If you are a registered user, you can check your previous orders in the My Account section.

You may pay by Credit/debit card. If you pay by credit/debit card, the Customer order will not be taken into account or processed until payment has been authorised by your bank. Online credit card payments are operated by the security system “Secure Socket Layer”, which encodes your bank details for online transmission. We accept American Express, Maestro and any other Visa or MasterCard cards registered in the secure payment system Verified by Visa. Credit cards are subject to verification and authorisation by the card issuing organisation. If this organisation does not authorise payment, we are not responsible for any delays or non-deliveries and we cannot enter into a Contract with you.

By clicking on “Authorise Payment” you declare that the credit card is yours or that you are the legitimate holder of the gift card or payment card.

12. Purchasing as a guest

This website also allows guest purchases. With this purchase method, only the data necessary for processing your order will be requested.

13. Value-added tax

In accordance with the provisions in article 68 of Law 37/1992 from December 28th on Added-Value Tax, the delivery of items shall be understood as located in the territory under Spanish VAT application if the delivery address is in Spain, excluding Ceuta and Melilla. The rate of VAT applied will be the rate that is legally in force at any given time according to the specific type of item. Items will not be shipped to the Canary Islands.

For orders bound for Ceuta and Melilla, deliveries will be exempt from VAT in view of the application of the provisions in article 21 of Law 37/1992, without prejudice to the application of corresponding taxes and duties in accordance with regulations in force in each one of these territories.

14. Return Policy

14.1. Legal right to withdraw from a purchase

Right to withdraw

As a consumer and user, you have the right to withdraw from this Contract within 14 calendar days without justification. However, you do not have the right to withdraw from the Contract when the contract refers to customised products (characteristic that is indicated in the item description).

The period for withdrawal shall expire within 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods, or in the event the goods in your order were delivered separately, within 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the last item comprising these goods.

To exercise your right to withdrawal, you must notify us by email writing to shop@tram.cat of your decision to withdraw from the Contract by issuing an unequivocal statement and indicating the order number.

To respect the withdrawal period, you must send notification of your intention to exercise this right before the corresponding time period expires.

Consequences of withdrawal

Should you withdraw, we will return all payments we have received from you including delivery fees (except additional fees from choosing a delivery method other than the ordinary shipment at the lowest cost we offer) without wrongful delays, and in any case, no later than 14 calendar days from the date you informed us of your decision to withdraw from the Contract. We will proceed with reimbursing payment by using the same payment method used by you for the initial transaction, unless you explicitly expressed otherwise. In any event, you will not incur any costs arising from reimbursement. We may withhold reimbursement until we have received the goods or you have given us proof of return for the goods, whichever condition is fulfilled first.

Please return all goods directly to the following address: TRAMBAIX UTE, Avinguda Barcelona s/n, 08970 Sant Joan Despí (Barcelona, Spain). Goods must be returned without wrongful delay within 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline will be considered respected as long as you return the goods before the expiry of this deadline. You must incur all direct costs of returning the goods.

Your right to withdraw from the Contract shall exclusively apply to those products you return in the same condition in which you received them. Reimbursements will not be given if the product has been used beyond just being merely opened, if the products are not in the same conditions they were in when they were delivered or if the products are damaged in any way. Therefore, you must be careful with the product(s) while in your possession. Please use or include all original packaging, instructions and other accompanying documents to returned items.

You will be the sole person responsible for the decrease in value of goods as a result of goods being handled in a way that is contrary to that which is necessary to establish the nature, characteristics and operation of the goods.

If you have any questions, please contact us by writing an email to shop@tram.cat.

14.2 Returns in Ceuta and Melilla and outside Spain

If you wish to exchange or return a product that was delivered to Ceuta or Melilla, please contact our Customer Service Department (shop@tram.cat) to arrange with us or one of our representatives product pick-up by courier or return goods at your own cost.

We are not responsible for customs duties incurred when returning items from international destinations. Parcels must be classified at the post office or transport company as “Items returned under warranty”.

14.3 Returning products that are damaged, defective or non-compliant with the order

You have the right to exercise the legally established warranty for products purchased on our website. If, at the time the product is delivered, you consider that the product does not adhere to the provisions of the Contract, immediately contact us by email and provide us with the product information, the damage or error and whether you prefer the product to be repaired or replaced. We will then specify how to proceed.

We will carefully inspect the returned product and notify you via email within a reasonable amount of time whether the product can be reimbursed or replaced as requested. The item will be reimbursed or replaced as quickly as possible and in any case within a maximum period of 4 weeks from the date we send you an email confirming the reimbursement or replacement of the non-compliant item.

Amounts paid for products returned as a result of a defect or abnormality (when these defects or abnormalities actually exist) will be reimbursed in full, including delivery fees incurred in delivering the item and the costs incurred in sending the product back to us. The same method that was used for payment will be used for reimbursement.

In any case, the aforementioned shall not exclude your rights as recognised by applicable law.

15. Contract term

The term of each of the Contracts concluded by you and TRAM shall run from the date the order was accepted to delivery at the complete satisfaction of the user; in other words, once the time periods established in the return policy have elapsed.

These Terms are valid for as long as they are exhibited and until the time they are modified totally or partially by TRAM as a result of changes to law, judgements or business practices.

16. Liability and Liability disclaimer

Unless otherwise stated explicitly in these Terms, our liability in terms of products acquired on our website is strictly limited to the purchase price of the product.

Due to the open nature of this website and the possibility of errors occurring in storing or transmitting digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this website unless otherwise stated in explicit terms on the website.

All product descriptions, information and materials contained in this website are supplied “as is” and are not subject to explicit or implicit warranties except as legally established. To that extent, if you enter into a contract as a consumer or user, the items we deliver to you must comply with the Contract. Therefore, we shall be held liable for any lack of conformity that exists at the time the product is delivered. Products will be considered compliant with the Contract as long as they (i) match the description we give and have the features outlined on this website, (ii) are suited for the applications of products of the same type and (iii) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect.

We do our utmost to guarantee that product descriptions and specifications are accurate and correct and contain the highest level of detail. We pay special attention to information on the essential characteristics of products by providing our own technical descriptions and/or technical descriptions from collaborating companies and manufacturers as well as photographs to illustrate the products. We made every effort to provide the most faithful images of the products for sale on the website. However, due to several factors such as Internet browsers, colour contrast of monitors, we are not liable for any difference in colour between the image and the actual product.

To the full extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded for consumers and users.

The products we sell, especially handicrafts, might sometimes show the characteristics of the natural materials used to manufacture them. These characteristics —such as variations in seams, textures, knots and colours— shall not be considered as defects or abnormalities. We select only high-quality products but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

The provisions in this article shall not affect your rights as a consumer or user or your right to withdraw from the Contract.

17. Force majeure

Neither of the parties shall be held liable for breach or irregular or delayed fulfilment of their obligations under these Terms if the breach or irregular or delayed fulfilment is due to unforeseeable events or inevitable foreseeable events, such as cases of force majeure or fortuitous events such as natural disasters, wars, states of siege, disruptions of public order, shortages in electricity supply or electronic communication services, or any other exceptional measures implemented by administrative or governmental authorities.

18. Intellectual property

You recognise and agree that all copyright, registered trademarks and other intellectual property rights over material and content provided as part of this website belong at all times to us or those who have granted us a licence of use. You can only use this material in the way we or those who have granted us a licence of use explicitly authorise. The aforementioned does not prevent you from using this website as needed to copy information about your order or Contact data.

19. Viruses, piracy and other computer attacks

You shall not maliciously use this website by intentionally introducing into the latter viruses, trojans, worms, logic bombs or any other program or material that causes technological harm or damage. You shall not attempt to gain unauthorised access to this website, the server hosting this website or any other server, computer or database related to our website. You undertake to not attack this website with a denial-of-service attack or a distributed denial-of-service attack.

Breach of this clause may entail an infringement as defined by applicable regulations. We will notify competent authorities of any breach to this regulation and we will cooperate with them to find out the identity of the attacker. Moreover, in the event of a breach to this clause, the attacker will be immediately unauthorised from using this website.

We shall not be held liable for any damage or loss resulting from a denial-of-service attack, virus or any other program or material that causes technological harm or damage to your computer, IT equipment, data or material as a result of using this website or downloading content from this website or content to which this website redirects.

20. Links from our website

Should our website contain links to other websites or material belonging to third parties, these links are provided solely for informational purposes and we do not have control over the content of these websites or materials. Therefore, we shall not be held liable for any damage or loss resulting from their use.

21. Written notifications

Applicable regulations require that part of the information or notifications we send to you be in writing. By using this website, you accept that the most of the notifications with us will be in electronic format. We will contact you via email or provide you with information by posting notices on this website. For the purposes of this contract, you agree with using this electronic means of communication and recognise that all contracts, notices, information and other notifications we send you electronically comply with the legal requirements of being in writing. This condition shall not affect your rights as granted by law.

22. Notificacions

The preferred method for sending us notifications is via email. In accordance with the provisions in clause 21 above and unless otherwise specified, we may send you notifications via email or to the postal address you provided at the time you placed your order.

Notifications will be considered received and correctly carried out in the exact moment they are posted on our website, 24 hours after sending an email or three days after posting any letter. To prove that a notification has been carried out, it shall suffice to prove that, in the case of a letter, the letter had the correct address, was properly sealed and duly handed over to the post office or introduced in a mailbox, and in the case of an email, that the email was sent to the email address indicated by the recipient and was not returned by the webmaster.

23. Newsletters

If you are a registered user, when you access “My account”, you have a section called “Subscriptions to Newsletters” where you can subscribe and unsubscribe to distribution lists for commercial information about our products. By subscribing to newsletters, you explicitly consent to receiving this commercial information.

24. Assignment of rights and obligations
The Contract is binding for you, us and our respective heirs, assignees and successors.

You shall not assign, transfer, encumber or in any other way assign the Contract or any of its rights or obligations without our prior consent in writing.

We may assign, transfer, encumber, subcontract or in any other way assign the Contract or any of its rights or obligations at any time during the Contract term. To avoid all doubt, these assignments, transfers, burdens or other assignments shall not affect your rights as a consumer as granted by law nor shall they cancel, reduce or limit in any way the warranties, both explicit and implicit, that we may have granted to you

25. Waivers

Our failure to give formal notice of your strict compliance with any of the obligations you take on under this Contract or these Terms or our failure to exercise the rights or actions that may correspond to us under this Contract or these Terms shall not waive or limit in any way these rights or actions or excuse you from complying with these obligations.

Should we waive a specific right or action, this waiver shall not waive other rights or actions under the Contract or Terms.

No waiver on our part of a part of these Terms or the rights or actions under the Contract shall have effect unless explicitly established as a waiver and formalised and notified to you in writing according to the provisions in the Notifications section above.

26. Severability

Should any of these Terms or provisions in the Contract be declared null and void of effect by a res judicata judgement issued by a competent authority, the rest of the terms and conditions shall remain in force and shall not be affected by this declaration of invalidity.

27. Entire agreement

These Terms and all documents they explicitly refer to constitute the entire agreement that exists between you and us with regards to the purpose of these Terms and substitute any other covenant, agreement or promise previously agreed upon between you and us whether orally or in writing.

You and we recognise our consent to enter into the Contract without having put our trust in any other declaration or promise made by the other party or that may be inferred from any declaration or written document during negotiations initiated by both parties prior to the Contract, unless explicitly indicated in these Terms.

Neither you nor we shall have recourse with regards to any incorrect declaration made by the other party orally or in writing prior to the date of the Contract (unless the incorrect declaration was fraudulently made) and the sole recourse the other party shall have will be for breach of contract in compliance with the provisions in the present Terms.

28. Apllicable law and jurisdiction

The use of our website and the contracts for the sale of products via our website shall be governed by Spanish law.

Any dispute that arises or is related to the use of the website or to the contracts shall be submitted to the non-exclusive jurisdiction of the courts of Barcelona. If you enter into the Contract as a consumer, nothing in the present clause shall affect your rights as granted by current law.

29. Customer service and complaints

For all comments, suggestions or complaints please contact us by email. You can also request via email official forms for filing complaints.

All reviews written by Customers are monitored by the marketing team. If reviews are against the law, ethics or morals (abusive advertising, libel, insults, out of context comments, etc.), we may refuse or modify the reviews.

30. Language

These Terms are available in Catalan, Spanish and English, depending on the website whereby they are executed (www.botiga.tram.cat/ www.tienda.tram.cat/ www.shop.tram.cat).

31. Appendices: Withdrawal form

(You only need to fill out and send this form if you wish to withdraw from the contract)

– At the attention of TRAMBAIX UTE:

– I hereby declare my withdrawal from the contract for the sale of the following good:

-Ordered on/received on (*):

– Name of consumer and user:

– Address of consumer and user:

– Date:

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