General Conditions of Purchase
The terms and conditions set out below were drafted by Ternua Group SL (hereinafter, “LORPEN”) to provide Users of the website permanent, easy, and free access to clear, comprehensible, unambiguous, accurate information about the conditions governing the sale of our products on our website. These General Conditions of Purchase shall be available to all Users under the “Terms and Conditions” section where they will be able to view and print them whenever they wish.
In order to make a purchase on our website, Users must read and expressly accept these General Conditions of Purchase by checking the corresponding box when they register or make a purchase as a guest. The purchase process cannot be finalized and orders cannot be placed without said acceptance.
2. IDENTIFICATION OF THE SELLER
Users are hereby informed that the party responsible for the sales made on the website www.lorpen.com (hereinafter, the “WEBSITE”) is:
- Company name: Ternua Group SL.
- Tax ID number: B-20212775
- Address: Pol. Ind. Kataide, 25B, 20500 Arrasate-Mondragón (Guipúzcoa, Spain)
- Tel: 943 71 20 34
- Email: firstname.lastname@example.org
Ternua Group SL is registered in the Company Register of Guipúzcoa in Volume 958, Folio 21, Page SS-11,106, Entry 1.
3. WHO CAN MAKE A PURCHASE?
The products sold on the WEBSITE are for physical persons. Thus, purchase by companies is prohibited, whether they are legal entities or any other type of organization dedicated to business activity (e.g. via joint ownership arrangements, professional partnerships, or similar arrangements), including individual professionals and entrepreneurs.
In short, only physical persons over 18 or emancipated minors pursuant to the requirements of the Civil Code may make purchases on our WEBSITE. Accordingly, Users declare that they are over 18 or are emancipated minors who, therefore, have the legal standing necessary to enter into a contract and make their own purchases on the WEBSITE. The parents or legal guardians of any minors wishing to purchase an item must make the purchase for them or authorize said purchase. LORPEN does not assume any liability for purchases made by minors in violation of the requirements of this paragraph.
4. HOW CAN YOU MAKE A PURCHASE?
There are two ways to make a purchase: as a registered User or as a guest. In the former case, Users must fill out a form with their personal data. It will allow them to modify their details and keep them up-to-date, manage their purchases, track their orders, and enjoy promotions and special offers.
Before completing the registration process, Users must accept these General Conditions of Purchase. If they do not, the process will not be completed and they will therefore not become a registered User or benefit from the advantages entailed thereby. Once they have completed the registration process, they will be able to access the user area as many times as they wish by introducing their username and password.
Guests, in turn, will not be required to register, but they must provide the personal details necessary to ship the purchase and, where applicable, issue the invoice. They must always accept these General Conditions of Purchase.
In both cases, the purchase process is quite simple, as Users only have to select the products they wish to purchase, indicate the quantity, and add them to their cart. Detailed information is provided about each product when it is selected: product characteristics; available colors; technical features, where applicable; size guide; and price, but not shipping costs and taxes, unless otherwise indicated by the ad or when said fees are understood to be included due to applicable promotions (e.g. based on total purchase price).
If customers have a promotional code or online coupon to benefit from the applicable conditions and discounts indicated therein, they must input it at that time.
To finalize the purchase, customers must go to their cart, where they can review the details of the selected items and the shipping fees and accept the order. If they are already registered, they should log in using their username (email address) and password.
Once they have reviewed the order and logged in, they must pay for the purchase using one of the systems set out in the “Prices and accepted forms of payment” section of these General Conditions of Purchase.
Once payment has been validated, a purchase agreement is established between the User and LORPEN subject to these General Conditions of Purchase. The only languages in which purchases can be formalized shall be Spanish and Basque, although, regardless of language, the geographical scope will be the one described in the “Geographical scope of offers” section of these General Conditions of Purchase.
Once the purchase process has been completed, users will be sent an “Order confirmation” email containing the order number, the number of items, a description of each item and its characteristics, sizes, price, taxes, and shipping fees, as well as a delivery estimate in the terms set out in the “Product shipping and timelines” section of these General Conditions of Purchase.
Failure to receive this email may be due to a temporary communications error on the network or an error in the email address provided. In both cases, we recommend contacting us via email at email@example.com.
Users can send an email with any questions to firstname.lastname@example.org.
5. MANAGING “MY ACCOUNT”
The “My Account” section provides Users with a space to register, modify, and correct their personal details to keep them up-to-date, an address book to manage shipping addresses, billing addresses, and any other addresses, an order list of all orders, wish lists (information about an item that may be of interest, even if it hasn’t yet been purchased), newsletter subscription and cancellation, gift card details where applicable, as well as other options facilitating User profile management.
6. GEOGRAPHICAL SCOPE OF OFFERS
The geographical scope for the product offering on the WEBSITE shall be all the states of Canada. Shipping to Canada shall be free on orders over 50$. For orders under 50$, shipping fees will be 9.99$.
If a resident of a place outside of this scope wishes to purchase a product, they should contact LORPEN by sending an email to email@example.com.
7. ITEM AVAILABILITY
The items for sale on the WEBSITE are subject to stock limits. If LORPEN cannot supply the item purchased by a customer due to unavailability or lack of stock, they will be notified of the lack of availability on the product page prior to completing the purchase.
Users will be immediately notified of any inability to supply the product purchased and fully refunded the price thereof.
8. PRODUCT SHIPPING, SHIPPING FEES, AND TIMELINES
Products purchased by Users on the WEBSITE will be sent via courier service to the address indicated by the User. LORPEN shall not be liable for any delays or canceled deliveries arising from customer errors while inputting the shipping address or from incomplete shipping addresses.
Products will be delivered as per the hours of the courier company, such that, if the User is not home at the time of delivery, they will need to contact said courier company to set a date and time for another delivery. LORPEN shall not be liable for any delays caused by Users not being home at the time when delivery is attempted. Thus, to prevent these types of problems, we recommend Users provide a shipping address where they will be available to receive the order as well as a cell phone number where the courier can contact them to facilitate receipt without delay.
Shipping on products purchased for delivery within Canada shall be free of charge on orders above 50$. For orders under 50$, shipping fees will be 9.99$.
Orders will be acknowledged and packaged within 2 days. Delivery will depend on location in Canada, but will take approximately 5-7 days. Exceptionally, delivery of products purchased during special promotions (e.g. Sales, Black Friday, Private Sales, etc.) may be subject to longer delivery times.
For the purposes of calculating these timelines, business days are understood to be days of the week excluding Saturdays, Sundays, and holidays within Canada, as well as local holidays when the LORPEN facilities are closed. Notice of these dates will be provided on the WEBSITE.
The order may be delivered by CANPAR, UPS or Canada Post, and a signature will be required.
Users will have access to shipment tracking and be able to check the status of their order with the feature provided by the courier service responsible for delivery using the tracking number. Said service is always external to LORPEN and the courier service in question shall be wholly and exclusively responsible for it.
For security reasons, LORPEN does not send any orders to PO boxes or accept any orders when the order recipient and address cannot be identified.
Responsibility for the LORPEN items is transferred to customers at the time of delivery.
If a User receives an item they bought on the WEBSITE, they must verify that it is the one they ordered and that it is in perfect condition and was not damaged in transport.
If the product received is not the one they ordered, the User must notify LORPEN of this with the resources indicated in the “Defective products” section of these General Conditions of Purchase. The product received in error will be returned and the User will be shipped the one they ordered at no additional cost.
9. PRICES AND ACCEPTED PAYMENT METHODS
Prices are shown solely in dollars (CDN). The amount to be paid by the User for each product shall appear on each product page, and taxes will be added to the total, if applicable.
The final amount to be paid by the User for each order (including all products ordered, taxes, shipping fees and any other promotional discounts) can be viewed in the order summary provided to the User prior to payment.
LORPEN reserves the right to change the products sold on the WEBSITE as well as retail prices, shipping fees, and any other condition or promotion at any time and without prior notice. In all cases, the terms in force at the time of the purchase shall apply.
Payments arising from purchasing products on the WEBSITE may be verified via credit card (VISA and MASTERCARD) or PayPal. The customer shall be responsible for any cost arising from the selected payment method.
A) PAYMENTS MADE BY CARD
All payments made by credit or debit card shall be made via the payment services provider’s secure payment gateway, which encrypts card data. LORPEN uses secure payment systems provider ADDON PAYMENTS to afford maximum security to the payment system. Confidential payment data are encrypted accordingly (SSL) and sent directly to the corresponding financial institution.
When payment is made via the payment gateway, the system will connect to the card issuer, which will request the transaction with a personal authentication code. The transaction will only go through if the credit card issuer confirms the authentication code. Otherwise, the transaction will be denied.
As a supplementary measure to the “Secure Payment” system and in order to prevent online fraud, LORPEN reserves the right to verify the personal data supplied by the customer and adopt any measures it deems appropriate (including canceling the order) to ensure the merchandise purchased is delivered pursuant to the details on the order.
Pursuant to the provisions of the applicable legislation, when a purchase amount is charged fraudulently or unduly using a debit or credit card number, the User who is the holder of that card may request immediate cancellation of the charge. In this case, the corresponding debit from LORPEN’s account and credit into the cardholding User’s account shall be made as quickly as possible.
However, if the purchase was made by the cardholding User and the return request was not the consequence of exercising their right to withdraw from or terminate the agreement, they shall be liable to the company for compensation for the damages resulting from said cancellation.
B) PAYMENTS VIA PAYPAL
When a payment is made via PayPal, the User will be redirected to said institution’s website and connected with PayPal’s secure server using a secure sockets layer (SSL) protocol. The information shared will also be encrypted. For more information about the payment safety offered by PayPal we recommend visiting their website at https://www.paypal.es/es.
10. DISCOUNT CODES
Promotional codes may be used pursuant to the terms and conditions posted for each promotion and a single discount shall be applied to the purchase of a single item or a discount on the order within the period indicated by the promotional code.
Promotional codes may only be used on the WEBSITE.
The products sold on this website are subject to the guarantees set by law. We will be accountable for any nonconformities arising within three years of the date of delivery.
Thus, pursuant to the provisions of applicable legislation on Consumers and Users, products shall be understood to conform with the agreement provided they fulfill all the requirements listed below, unless none of these requirements apply due to circumstances of the individual product:
- They fit the description we made and have the qualities of the product shown on the WEBSITE.
- They are suitable for the normal uses of products of the same type.
- They are suitable for any special use the customer may have, provided they notified us of it at the time of entering into the agreement and we confirmed that the product is suitable for said use.
- They have the quality and features that a customer would reasonably expect for a product of the same type, taking into account the nature of the product and, where applicable, any public statements about the specific characteristics of our products.
Accordingly, if a product is not in line with the offering and these General Conditions of Purchase, customers may notify LORPEN by sending an email to firstname.lastname@example.org or by writing to Ternua Group SL, Pol. Ind. Kataide, 25B, C.P. 20500 Arrasate-Mondragón, Guipúzcoa, Spain.
12. RIGHT TO WITHDRAW, DEFECTIVE PRODUCTS, AND EXCHANGES
A) RIGHT TO WITHDRAW
Consumers and users have the right to withdraw from and nullify an agreement they entered into, providing notice to the other party within the timeline established for exercising said right, with no justification of their decision or penalty of any kind. In short, they have the right to return the order without having to provide justification.
Users will have 14 calendar days from the receipt of the order to exercise the right to withdraw, i.e., to return the product they purchased. Thus, the start date for this period of time is the date on the delivery note.
Pursuant to the provisions of the applicable legislation on Consumers and Users, the right to withdraw shall not apply to any orders within the scope of our business in the following circumstances:
- Supply of products made to the customer or user’s specifications or those that are clearly personalized.
- Supply of products that may deteriorate or expire quickly.
- Supply of sealed products that are not suitable for return for reasons of health or hygiene if the seal was broken after delivery.
Customers may exercise their right to withdraw at no cost, including item return costs, which will be assumed directly by LORPEN.
To exercise the right to withdraw and return an item, customers must send an email to email@example.com indicating the return note number they received with the order as well as the items they would like to return. They may use the withdrawal form included in the Annex of these General Conditions of Purchase, although it is not required.
LORPEN will send an email confirming receipt of their request and inviting the customer to return the item in the manner set out in the “Shipments to LORPEN” section of these General Conditions of Purchase.
Once it receives the product, LORPEN will inspect it and provided it has no defects caused by the customer, LORPEN will fully reimburse the customer for the amount paid, ensuring that said reimbursement occurs no later than fourteen calendar days from the date on which the customer indicated their decision to withdraw. LORPEN will assume the shipping costs to return the replaced item.
If (i) the returned product shows any damage or wear attributable to the customer as a result of any handling other than that necessary to understand its nature, characteristics, or functioning; or if (ii) the returned product is incomplete, the customer will be responsible for the difference in value of the product. Based on the case, this may preclude the reimbursement of the amount paid. In these cases, the customer will be notified of this situation via email. The product will be made available for collection or forwarding freight collect, whichever the customer prefers, within a maximum period of fifteen calendar days. Under no circumstances shall LORPEN assume any responsibility for the safeguarding or storage of the item while it was in its facilities.
B) DEFECTIVE PRODUCTS
If the product fails to fulfill the agreement or has any defects, Users may choose to request repair or replacement of the product, unless both options are impossible or unreasonable. Both repair and substitution shall be free of charge for Users, including shipping fees, as well as any labor and materials costs necessary, where applicable.
If a product fails to fulfill the agreement and/or has any defects, Users may notify LORPEN as quickly as possible by sending an email to firstname.lastname@example.org, indicating the number of the return note they received with their order, the items they wish to return, and whether they prefer repair or replacement.
In response to that email, LORPEN will send an email to the User to resolve the incident, inviting them to return the item in the manner set out in the “Shipments to LORPEN” section of these General Conditions of Purchase.
Once LORPEN has received the return, it will carefully review the returned item and contact the User via email within ten business days confirming whether the repair or replacement thereof will take place (as requested). In the event of repair or replacement, it will take place as quickly as possible.
In cases where repair or replacement is not possible, Users will have the right to choose to terminate the contract or reduce the price.
Apart from the right to withdraw and the defective product system set out in sections A and B above, once an order is formalized, no order cancellations, changes, or return or exchange requests made by the User shall be accepted.
D) SHIPMENTS TO LORPEN
In cases in which, pursuant to the provisions of sections A and B above, a returned product should be shipped to LORPEN, customers must send an email to email@example.com so that the company can plan pick up of the product and provide the User with return instructions.
LORPEN has adopted the top security measures available. The payment process functions on a secure server using an SSL (secure sockets layer) protocol, so that the data is 128 bit encrypted, guaranteeing that the data is only intelligible for the User’s device and the WEBSITE, preventing reading and manipulation by third parties.
14. SUGGESTIONS, COMPLAINTS, AND CLAIMS
Users can send their suggestions, complaints, and claims to us via the WEBSITE by sending an email to firstname.lastname@example.org or by writing to LORPEN, Pol. Ind. Kataide, 25B, C.P. 20500 Arrasate-Mondragón (Guipúzcoa, Spain).
Without prejudice to the above, Users are hereby informed that any personal data furnished while formalizing the purchase shall be processed by LORPEN, acting as the Data Controller thereof, to maintain, develop, fulfill, and monitor its contractual relationship with the User, to manage and ship the order or purchase they made, and provide any services they require, and, provided they gave their consent via the duly established system, send emails and other electronic means of communication (text message, fax, etc.) with advertising information including on news, offers, promotions, discounts, and new products in the textile and sports industries. The above-mentioned data processing shall be understood to be legitimate by virtue of the execution of the agreement between the User and said organization, as well as by virtue of the User’s consent, where applicable.
Any personal data we process shall be kept for the duration of the contractual relationship with the User or until such time as the User withdraws their consent to said processing or requests its erasure, and for as long as is necessary to meet LORPEN’s legal obligations.
Apart from the scenarios in which LORPEN is legally obligated to hand the data over (e.g. tax authorities, justice system, and other public agencies) the User’s data shall not be shared with third organizations. No international transfers of personal data are envisaged.
In the event that the User provides another person’s data over the course of the contracting process, they thereby declare that they have the express consent of said third party to share said data (name and email address).
Users declare that they are over 18 or are emancipated minors who have the legal standing necessary to enter into a contract, make their own purchases on our website and, therefore, give their consent to the processing of their personal data. The parents or legal guardians of any minors wishing to purchase a product or service must make the purchase for them or authorize said purchase. LORPEN does not assume any liability for purchases made by minors in violation of the requirements of this paragraph.
The applicable regulations on data protection afford Users with a series of rights regarding their personal data (right to access their data, to request rectification or deletion of their data, to request restriction to the processing of their data, to portability of their data, and to object to the processing of their data). Users may exercise said rights with LORPEN with a written request to the address indicated in the “Identification of the seller” section of these General Conditions of Purchase or by sending an email to email@example.com.
You can find additional details about data protection at www.lorpen.com/privacy-policy
Cookies are small text files that are stored in the hard drive or memory of the computer that accesses or visits the pages of determined websites, in such a way that it is possible to know Users’ preferences when they connect again. The cookies stored on the user’s hard drive cannot read the data contained therein, access personal information, or read the cookies created by other suppliers.
The cookies policies set out in the “Cookies policy” section of the WEBSITE in question shall apply.
16. AMENDMENT TO THE GENERAL CONDITIONS OF PURCHASE
Amendments to laws or collective agreements with our partners may cause us to amend these General Conditions of Purchase. Thus, LORPEN reserves the right to amend the information and terms of said General Conditions of Purchase. The above-mentioned amendments shall not apply retroactively to previously purchased products.
We recommend that Users read the General Conditions of Purchase in force each time they visit our website and, especially, every time they wish to make a purchase so they can freely decide whether they wish to continue using the site and make a purchase.
The General Conditions of Purchase in force at the time of the purchase shall always apply.
17. APPLICABLE LEGISLATION
Any activity carried out on the WEBSITE is subject to the applicable European and Spanish legislation including but not limited to Spanish General Regulation 2016/679 on Data Protection, Spanish Organic Law 3/2018, of December 5, on Personal Data Protection and Guaranteeing Digital Rights, Spanish Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the Spanish Civil Code, and Spanish Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for Consumers and Users and other laws.
18. JURISDICTION AND DISPUTE RESOLUTION
Any dispute or conflict arising between customers of the WEBSITE and LORPEN shall be litigated in the competent Courts and Tribunals pursuant to the provisions of Spanish legislation regarding procedural matters.
We also hereby inform you that you have the legal right to use the European Union’s online dispute resolution platform, which is accessible at: http://ec.europa.eu/consumers/odr/.
A) WITHDRAWAL FORM
Attn: IMPORT ARRASATE, S.L.
I hereby exercise my right to withdraw from the purchase agreement entered into via the website www.lorpen.com identified below:
|Product reference No.:|