GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.pidetugasolina.com, (hereinafter Website) is held by: Quarry Belén Varela, with NIF: , and whose contact details are:
Address: c/ Vicente Inglada, 3 2º Derecha. 03004, Alicante, Spain
Contact telephone number: 645 05 45 86
Contact email: quarry@pidetugasolina.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.pidetugasolina.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Pide Tu Gasolina carries out through the Website includes:
Marketing, sale and distribution of diesel fuel and 95% unleaded gasoline.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of Pide Tu Gasolina. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.
Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
Using this Website only to make legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
Provide true and lawful contact information, for example, email address, postal address and/or other information (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 primarily aimed at Users residing in Spain. Pide Tu Gasolina does not guarantee that the Website complies with the laws of other countries, either totally or partially. Pide Tu Gasolina declines all responsibility that may arise from said access, nor does it guarantee shipments or provision of services outside of Spain.
The User may formalize, at his/her choice, with Pide Tu Gasolina the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and forms. Users must follow the online purchasing and/or acquisition procedure at www.pidetugasolina.com, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “Buy and pay now”
The User must also fill out and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that Pide Tu Gasolina has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where applicable, they will also be informed by email when their purchase is being sent.
Once the purchasing procedure has concluded, the User agrees that the Website will generate an electronic invoice that will be sent to the User by email. Likewise, the User may, if he so wishes, obtain a copy of his invoice in paper form, by requesting it from Pide Tu Gasolina using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.
Communications, purchase orders and payments that occur during transactions carried out on the Website may be archived and kept in the computerized records of Pide Tu Gasolina in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account 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 Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Pide Tu Gasolina through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or if there are no products in stock, Pide Tu Gasolina undertakes to contact the User and refund any amount that may have been paid as a fee. This will also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.
However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the available shipping methods and costs and freely choose the one that best suits him.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card and Bizum.
Pide Tu Gasolina uses all means to ensure the confidentiality and security of the 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 checks and authorizations by the bank that issued them. If said bank does not authorize the payment, Pide Tu Gasolina will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Pide Tu Gasolina receives the purchase order from the User through the Website, a pre-authorization will be made 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 shipping confirmation and/or confirmation of the service provided is sent to the User in the manner and, where applicable, at the established place.
In any case, by clicking on “Buy and pay now” the User confirms that the payment method used is his/hers.
6. DELIVERY
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed 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 from the date of the order confirmation.
If for any reason attributable to it, Pide Tu Gasolina is unable to meet the delivery date, it 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 working days.
If delivery of the order is impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery location during the agreed time slot, he or she must contact Pide Tu Gasolina to arrange delivery on another day.
If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to Pide Tu Gasolina, Pide Tu Gasolina will understand that the User wishes to withdraw from the contract and it will be considered terminated. 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 User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Pide Tu Gasolina receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by Pide Tu Gasolina.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting Pide Tu Gasolina through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.
In any case, the User, before clicking on “Buy and pay now”, has access to the space, cart, or basket where his/her purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of 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 December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the owner’s Website, he/she has 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, has 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 after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Pide Tu Gasolina Website or, in the event that the goods that make up your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day on which the contract was signed.
To exercise this right of withdrawal, the User must notify Pide Tu Gasolina of his decision. He may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Pide Tu Gasolina makes available to them as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Pide Tu Gasolina will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Pide Tu Gasolina is informed of the User’s decision to withdraw.
Pide Tu Gasolina will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, Pide Tu Gasolina may retain such reimbursement until it has received the products or items purchased, or until the User presents proof of the return of the same, depending on which condition is met first.
The User may return or send the products to Pide Tu Gasolina at: c/ Vicente Inglada, 3 2º Derecha. 03004, Alicante, Spain
And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Pide Tu Gasolina was informed of the decision to withdraw.
The User acknowledges that he/she must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, he/she will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The provision of a service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not be available to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by Pide Tu Gasolina, they will have lost their 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 condition 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, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
The withdrawal form template can be downloaded from the following link: https://qbvyantiderrame.com/wp-content/uploads/2023/07/FORMULARIO-DESISTIMIENTO.docx
Return of defective products or shipping error
This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they must contact Pide Tu Gasolina immediately and let them know of the existing discrepancy (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, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement of the same is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by 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 any given time for the User, as consumer and user, will always be respected.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, Pide Tu Gasolina being responsible, therefore, for any lack of conformity of the same that becomes apparent within a period of three 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 Pide Tu Gasolina and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance that are usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or shipping error. However, some of the products sold on the Website may have non-homogeneous characteristics provided that these are derived from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal warranty right directly against them during the three years following the delivery of said products. To do so, the User must have kept all the information regarding the guarantee of the products.
9. DISCLAIMER
Unless otherwise provided by law, Pide Tu Gasolina will not accept any liability for the following losses, regardless of their origin:
any losses that were not attributable to any breach on its part;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.
Likewise, Pide Tu Gasolina also limits its liability in the following cases:
Pide Tu Gasolina takes all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
Pide Tu Gasolina will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, roadblocks, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Pide Tu Gasolina uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
Pide Tu Gasolina will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Pide Tu Gasolina will not be held responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, Pide Tu Gasolina will not be held responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other protest measures.
Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Pide Tu Gasolina will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. Pide Tu Gasolina will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Pide Tu Gasolina will be electronic (email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Pide Tu Gasolina sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Pide Tu Gasolina through the contact information provided in these Conditions and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Pide Tu Gasolina may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by Pide Tu Gasolina of any specific right or legal action or failure by Pide Tu Gasolina to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by Pide Tu Gasolina of any of these Conditions or of rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Pide Tu Gasolina in relation to the object of sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.
The User and Pide Tu Gasolina acknowledge having agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Pide Tu Gasolina during a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, 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 is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Pide Tu Gasolina and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Pide Tu Gasolina their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Pide Tu Gasolina has official complaint forms available to consumers and users, which they can request from Pide Tu Gasolina at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Pide Tu Gasolina and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
