GENERAL TERMS AND CONDITIONS OF SALE 

1- Scope of application and identity of the seller 

These general terms and conditions of sale (hereinafter referred to as the GTCS) apply only to purchases of PRODUCTS made by the PURCHASER through our online shop available on the www.roofaspain.com website (hereinafter referred to as the WEBSITE). 

The GTCS shall govern the contractual relationship between the BUYER and ROOFA SPAIN S.L., the latter entity with registered office in Algete (28119-Madrd), calle Torrecilla nº 5, Polígono Industrial Río de Janeiro, registered in the Mercantile Registry of Madrid, volume 33,688, folio 97, section 8, page M-606439 (hereinafter, ROOFA SPAIN S.L. or "we"). Email address: ecommerce@roofaspain.com 

To purchase our PRODUCTS through the WEBSITE, the BUYER must be of legal age and have legal capacity to enter into contracts. In addition, the BUYER must be the holder of the bank card used to pay for the PRODUCTS. In this sense, when the BUYER makes the payment, he/she explicitly acknowledges that he/she is at least 18 years of age, has the capacity to purchase the PRODUCTS and is the owner or authorized of the means of payment used.

2- Definitions

ROOFA SPAIN S.L.: this term designates the company ROOFA SPAIN S.L., domiciled at Algete (28119-Madrd), calle Torrecilla nº 5, Polígono Industrial Río de Janeiro, registered in the Mercantile Registry of Madrid, volume 33,688, folio 97, section 8, page M-606439, responsible for the contractual offer. 

BUYER: this term designates the contracting party, a natural person with legal capacity who acts as a consumer for non-professional purposes, and who has evidenced his intention to acquire one or more PRODUCTS on the WEBSITE. 

ORDER: this term refers to the request for a set of products that are intended to be acquired under the purchase contract between ROOFA SPAIN S.L. and the BUYER. The formulation of an order entails an obligation to purchase on the part of the BUYER. PARTY(S): this term designates jointly or separately the BUYER and/or ROOFA SPAIN S.L. 

PRODUCTS: this term refers to the products of the Roofa Spain brand marketed by ROOFA SPAIN S.L. and offered for sale on the WEBSITE. 

WEBSITE: This term refers to the www.roofaspain.com website, on which the PRODUCTS are presented and sold to the BUYER. 

3- Purpose and acceptance of the General Terms and Conditions of Sale

The purpose of the GTCS is to define the terms of sale applicable to PRODUCT ORDERS placed by the BUYER to ROOFA SPAIN S.L. on the WEBSITE. The execution of any ORDER and/or payment made on the WEBSITE necessarily implies the full, express and unreserved acceptance of the terms of these GTCS by the BUYER, so please read them carefully. These GTCS apply in conjunction with the general terms and conditions of the WEBSITE on access to and use of the WEBSITE in general and the privacy policy regarding the processing of the data provided by the PURCHASER. 

The contract will be concluded in Spanish. The GTCS that the BUYER accepts will be archived by ROOFA SPAIN S.L., without prejudice to the fact that they are still available to the BUYER on the WEBSITE, although the version of the GTCS that will be applied will be the one in force on the date of conclusion of the contract, so the BUYER is recommended to save or print these GTCS,  without being able to modify them. 

ROOFA SPAIN S.L. reserves the right to modify these GTCS at any time, unilaterally and without prior notice, without prejudice to the fact that such changes will not be applicable to ORDERS previously placed or confirmed by the BUYER. 

These GTCS set out the obligations and rights of the parties, which exclude those arising from any other document or other general terms and conditions that differ from or conflict with those set out herein. For the obligations or rights arising from other documents or terms to apply, they must be previously and expressly accepted by ROOFA SPAIN S.L. in writing. Our mere knowledge of the existence of other general terms and conditions shall not automatically incorporate them into this agreement. 

4- Characteristics of Productos marketed

The BUYER may, before placing an ORDER, consult the WEBSITE for the main characteristics of the PRODUCTS that can be purchased on the WEBSITE. ROOFA SPAIN, S.L. reserves the right to make any modifications to the WEBSITE, at any time and without prior notice, as it deems appropriate, and may update, replace or withdraw the PRODUCTS from sale. 

Purchase offers, including promotional offers, are valid as long as they are announced on the WEBSITE subject to compliance with the requirements established and during the period of validity expressly determined. 

The purchase of PRODUCTS for subsequent resale is not permitted. 

5- Prices of the PRODUCTS for sale on the WEBSITE

The prices listed on the WEBSITE are indicated in euros and, unless otherwise indicated, include all taxes in force at the time the ORDER is placed. Prices may be subject to variations during the year, it being understood that the PRODUCTS will be invoiced at the price in force at the time of registering the ORDER. In this sense, ROOFA SPAIN S.L. may modify, at any time and without prior notice, the prices of the PRODUCTS, but such changes will not affect the ORDERS placed or confirmed. Prices do not include shipping costs, the amount of which may vary depending on the amount of the ORDER and the destination, as indicated in shipping and returns on the website. Shipping charges will be displayed before the BUYER registers the ORDER. 

6- Purchase process 

6.1 Navigation on the Site

The BUYER can learn about the various PRODUCTS offered for sale by ROOFA SPAIN S.L. on the WEBSITE. 

The BUYER may freely browse the various pages of the WEBSITE, without this implying a commitment to ORDER. By logging in or using the WEBSITE, the BUYER remains bound by the terms and conditions of use, the privacy policy and cookie policy which the BUYER acknowledges having read, understood and accepted without limitation or reservation. 

6.2 Account Registration. 

To place an order, it is necessary for the BUYER to have a registered account on the WEBSITE. The BUYER can create a registered account using the "create account" command. The first time the buyer places an order, the WEBSITE will ask them to create an account, for which the BUYER must fill in the form made available to them, which will include the information necessary for their identification and, in particular, their name, surnames and postal address. In addition, the BUYER will be required to provide his/her email address and a password of his/her choice that will be personal and confidential with which he/she will have to identify him/herself later on the SITE. The BUYER is informed and accepts that the introduction of these two identifiers serves as proof of their identity and signifies their consent. Once the registration process is completed, the BUYER will be able to use that same password to place orders. The BUYER may also change their access code. The BUYER is solely responsible for the confidentiality of their password or for the use made by accessing with their password, exonerating ROOFA SPAIN, S.L. from any liability for improper or unauthorised use of the password. 

6.3 Registering an ORDER 

If the BUYER wishes to place an ORDER, they will choose the different PRODUCTS of their interest, and select them by clicking on the "Add to cart" box.

On the WEBSITE, at any time, the BUYER may: 

• Get a summary of the PRODUCTS you have selected, by clicking on your "shopping cart"; 

• Continue with your selection of products by clicking on "Continue shopping"; 

• Finalize the selection of PRODUCTS and place the ORDER for the PRODUCTS by validating your basket and clicking on "Finish Order". 

To complete the ORDER for the PRODUCTS they have chosen, after clicking on "Finish Order", the BUYER must identify themselves by entering their e-mail address and confidential password corresponding to their registered account. 

The BUYER may place an ORDER without creating a personal account, in the latter case, the BUYER must fill in the information necessary for the correct execution of the ORDER and, in particular, his/her name, postal address, email address and telephone number. Once the BUYER has been identified, you will have to validate the delivery address and then a purchase ORDER will appear on the screen, which in summary includes: the nature, quantity and price of the PRODUCTS selected by the BUYER, as well as the total amount of the ORDER, shipping costs, the BUYER's contact information and the delivery address,  as well as the estimated delivery time of the PRODUCTS. The BUYER will be able to choose the payment method they want, among those offered. 

6.4 Final validation of the ORDER 

It is considered that an ORDER has been placed on the WEBSITE, and accepted the GTCS -which must be printed and filed by the BUYER-, once the BUYER has validated its payment. The data recorded by ROOFA SPAIN S.L. and the secure payment provider constitute proof of the nature, content and date of the ORDER. The execution of any ORDER implies the BUYER's adherence, without restriction or reservation, to these GTCS and to the privacy policy and cookies policy. These documents are made available to the BUYER prior to the registration of any ORDER. The BUYER acknowledges that he/she has read and accepts these documents prior to any final validation of the ORDER by ticking the following boxes:

· I acknowledge that I have read and accept without reservation the General Terms and Conditions of Sale 

· I acknowledge that I have read and accept without reservation the Privacy Policy and Cookies Policy the BUYER's double click on the ORDER is an electronic signature that has the same validity as a handwritten signature. The double clicks and acceptance of the GTCS constitute an obligation to pay and the unreserved acceptance of the ORDER by the BUYER, as well as an authorization for ROOFA SPAIN S.L. to issue the invoice in electronic format. In any case, the BUYER may indicate at any time their wish to receive a paper invoice by contacting our customer service. 

Once the payment has been made, the BUYER will receive an email confirming the ORDER, which will include details of the PRODUCTS purchased and their personal data, including the delivery address. 

6.5 Means of identifying and correcting errors 

If the BUYER detects an error in the ORDER or in the data provided during the registration or purchase process, he/she may modify them in the registered user area or by sending an email to ecommerce@roofaspain.com 

6.6 Order Suspension/Order Cancellation 

ROOFA SPAIN S.L. reserves the right to suspend or cancel the processing of an ORDER and/or its delivery, regardless of its nature and level of execution, for justified reasons such as, for example, in the event of non-payment, even partial, of any amount owed by the BUYER, in the event of an incident in payment, or in the event of fraud or attempted fraud related to the use of the WEBSITE,  including cases detected in previous orders. ORDERS placed on the WEBSITE are reserved for private customers, natural persons or non-professional legal entities or those who do not act as entrepreneurs or professionals. ROOFA SPAIN S.L. reserves the right not to attend to or cancel any ORDER whose quantities do not correspond to the usual average needs of a household. 

In this sense, ROOFA SPAIN S.L. reserves the right to deny or cancel for legitimate reason any ORDER whose number of items or whose amount to be paid (or the amount or amount accumulated in several different ORDERS) does not correspond to the average usual use of a home and any ORDER that allows us to assume that the BUYER can carry out an economic activity in relation to the PRODUCTS purchased or,  in general, any ORDER that may be considered abnormal due to any circumstance, such as quantity, frequency, place of delivery, means of payment, etc. 

In these cases, ROOFA SPAIN S.L. will notify the BUYER and refund the amount paid for the ORDER. Except as otherwise provided in accordance with applicable laws, the refund of money in respect of a cancelled ORDER shall constitute the highest degree of liability of ROOFA SPAIN S.L. for the cancellation of an ORDER.

7- Legal warranty

7.1. Legal warranty 

All PRODUCTS for sale on the WEBSITE benefit from the legal guarantee in accordance with the contract at the time of delivery thereof (as defined in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws) and ROOFA SPAIN S.L. must proceed, as appropriate, to the repair, substitution, price reduction or termination of the contract, procedures that will be free of charge for the BUYER. In application of this guarantee, ROOFA SPAIN S.L. is liable for any lack of conformity that manifests itself in the PRODUCTS within two (2) years of delivery, but the BUYER must inform ROOFA SPAIN S.L. of the lack of conformity within two (2) months of becoming aware of it. Failure to comply with this period of two (2) months will not entail the loss of the corresponding right to remediation, and the BUYER will nevertheless be liable for any damages or losses effectively caused by the delay in communication.

Any claim under the aforementioned legal guarantee must be justified and submitted through the Customer Service of ROOFA SPAIN, S.L. at the following email address: ecommerce@roofaspain.com 

If the claim is justified, ROOFA SPAIN S.L. will reimburse the transport costs and may request the return of the PRODUCT in suitable packaging. The BUYER must sign a receipt and agree to the repair in order to obtain reimbursement of the transport costs. 

7.2 Disclaimer of Warranty 

PRODUCTS modified, repaired, integrated or added by the BUYER are excluded from the legal warranty. The warranty also excludes cases of misuse or incorrect use of the PRODUCT(S), negligence, blows or improper handling or any other action that is harmful such as not following the conservation instructions. 

8. Right of withdrawal

8.1. Period for exercising the legal right of withdrawal 

In accordance with article 102 et seq. 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, the BUYER has a period of 14 (fourteen) calendar days, counted from the day on which the consumer and user or a third party indicated by him,  other than the carrier, acquires physical possession of the PRODUCTS ordered, in order to exercise their legal right of withdrawal without stating the reason and without incurring any cost. 

8.2. How to exercise the statutory right of withdrawal 

In order to exercise the right of withdrawal, the BUYER must notify us of his decision to withdraw from the contract before the expiry of the withdrawal period. To do this, you have the option of sending an email ecommerce@roofaspain.com. For more information, see the shipping and returns section. 

The exercise of the right of withdrawal by the BUYER does not entail the exchange of the PRODUCTS purchased. Thus, if the BUYER returns a PRODUCT in accordance with the previous paragraphs, and wishes for a new PRODUCT, he/she must place a new ORDER on the SITE and pay the price of the new PRODUCT and, where applicable, the corresponding shipping costs. ROOFA SPAIN S.L. will not proceed to the total or partial compensation of the costs of the new ORDER with the return of the PRODUCTS returned by the BUYER. 

8.5 Exceptions to the right of withdrawal 

For health or hygiene reasons, and based on the applicable regulations (article 103 of the revised text of the General Law for the Defence of Consumers and Users and other complementary laws), the right of withdrawal may not be exercised for PRODUCTS that have been unsealed after delivery. Consequently, the BUYER is informed that he/she will not be able to assert his/her right of withdrawal and, therefore, return the PRODUCTS unsealed by him/her for which a new marketing by ROOFA SPAIN S.L. would present risks for reasons of hygiene or health protection for consumers (for example, cosmetics or consumable health products). 

9 - Customer Service 

Para cualquier duda, pregunta, comentario, queja o reclamación relativa al PEDIDO y/o los PRODUCTOS de ROOFA SPAIN S.L., el COMPRADOR puede ponerse en contacto con nosotros en la siguiente dirección de correo electrónico: ecommerce@roofaspain.com 

10- Liability and Force Majeure 

ROOFA SPAIN S.L. undertakes to deliver the PRODUCTS under the conditions specifically determined on the WEBSITE. However, for technical reasons, there may be slight chromatic variations between the colour of the PRODUCTS appearing on the SITE and the actual colours of the PRODUCTS that are delivered. 

Likewise, all the rights that the legislation in force guarantees to consumers and users in the framework of electronic commerce and the guarantees applicable by virtue of the Revised Text of the General Law for the Defence of Consumers and Users are guaranteed. 

ROOFA SPAIN S.L. does not assume any liability in the event of delay or total or partial failure to comply with its obligations under these GTCS if this delay or non-compliance is attributable to a third party or to the BUYER itself, or is caused by an event that is beyond our control constituting force majeure. 

Events that meet the criteria established in current regulations will be considered cases of force majeure. In the event of a force majeure event, ROOFA SPAIN S.L. will notify the BUYER as soon as it becomes aware of the occurrence of the same. The PARTIES agree that they will have to determine by mutual agreement how the ORDER order will be executed during the duration of the force majeure event or the consequences arising from it. 

Beyond the period of one month of interruption due to force majeure, ROOFA SPAIN S.L. may not comply with the ORDER and will be responsible for refunding it to the BUYER if necessary. 

11- Transfer of risk and ownership 

ROOFA SPAIN S.L. is the owner of the PRODUCTS until they are paid in full by the BUYER, whether or not the PRODUCTS have been delivered to the BUYER. 

The foregoing provisions do not prevent the transfer to the BUYER, at the time of receipt of the ORDER by him or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation of title, as well as the risk of damage that they may cause by their improper use. 

12- Intellectual Property 

The Roofa Spain brand, as well as all figurative and non-figurative trademarks and all illustrations, images, texts, logos and any other content protected by intellectual and industrial property rights that appears on the Products or on the WEBSITE are and will remain the exclusive property of ROOFA SPAIN S.L., as the original owner or as the assignee. Under no circumstances does access to or browsing of the WEBSITE imply any type of waiver, transmission, licence or total or partial transfer of said rights, unless expressly stated in writing otherwise.

 Any reproduction, distribution, modification, public communication or total or partial use of these trademarks, illustrations, images and logos, or any other content of the PRODUCTS or the SITE for any reason and in any means and/or form, is strictly prohibited, unless express, prior and written agreement of ROOFA SPAIN S.L. The same applies to all copyrights, designs or patents listed and/or used in the PRODUCTS and/or on the WEBSITE.

 The BUYER undertakes to respect the intellectual and industrial property rights owned by ROOFA SPAIN S.L. and/or third parties, accepting the responsibility derived from the violation of any of these rights, leaving ROOFA SPAIN S.L. or any other third party that may be affected because of the actions of the BUYER or user harmless. 

13- Data protection

ROOFA SPAIN S.L. collects personal data from the BUYER and, where appropriate, from the recipient of the ORDER. The purpose, recipients and conditions under which ROOFA SPAIN S.L. collects and processes personal data are detailed in the SITE's privacy policy. 

14- Partial nullity

If any clause or provision of these GTC is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these GTC remain unaffected. Such invalid or unenforceable provision shall, where appropriate, be replaced by a valid and enforceable provision. 

15- Applicable law and competent jurisdiction.

These General Terms and Conditions of Sale, as well as the sale of ROOFA SPAIN S.L. PRODUCTS, are subject to the application of Spanish law, which will be applicable in terms of interpretation, validity and execution. 

Unless otherwise provided by law, any controversy or litigation relating to the interpretation, fulfilment or breach of the contract entered into between ROOFA SPAIN S.L. and the BUYER shall be governed by the rules of the Spanish legal system and shall be submitted to the competent courts. For cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction (non-consumers), both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid. If the BUYER is a consumer, nothing in this clause will affect the rights recognized as such by the General Law for the Defense of Consumers and Users. In addition, ROOFA SPAIN S.L. reminds the BUYER that they can access the online dispute resolution platform of the European Union by following the following link: https://ec.europa.eu/consumers/odr, through which claims for contracts made online can be processed.