These General Contract Conditions regulate the purchase conditions of the different products offered in our online store (www.www.birdgard.es, www.www.birdgard.it, www.www.birdgard.pt), owned by GRUPO ADLER AMEISE S.L. (hereinafter referred to by its commercial name BirdGard Iberia), a Spanish company, with NIF [Tax ID No.] ES-B85515989, and located at Calle Luis I 56-58, Office 1, 28031, Madrid, Spain.
The purchase by users of products in our store implies that they have read and fully accepted these General Contract Conditions and they are bound by them as if they were written at the time of entering into the contract/purchasing.
By accepting these General Contract Conditions, the user declares that he/she has the necessary legal capacity to enter into contracts in the country of which they are a national, this being the age of 18 years in Spain. If the customer were a legal person, the natural person acting on his/her behalf declares, under his/her sole responsibility, that he/she possesses the pertinent powers of representation.
Should the user have any type of doubt regarding these General Contract Conditions, he/she may contact BirdGard Iberia using the telephone number +34 91 489 10 49 and the email address firstname.lastname@example.org.
These General Contract Conditions are subject to the provisions of Law 7/1998, dated 13 April, on General Contract Conditions; Royal Legislative Decree 1/2007, dated 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws; Regulation (EU) 2016/679, dated 27 April, the General Data Protection (GDPR) and other applicable regulations on the matter; Law 7/1996, dated 15 January, on the Regulation of Retail Trade; Law 34/2002, dated 11 July, on Services of the Information Society and Electronic Commerce; Royal Decree-Law 19/2018, dated 23 November, on payment services and other urgent financial measures; and Legislative Royal Decree 1/1996, dated 12 April, which approves the Consolidated Text of the Intellectual Property Law, regularising, clarifying and harmonising the current legal provisions on the matter.
Amendment of the General Contract Conditions
BirdGard Iberia reserves the right to amend the General Contract Conditions at any time and without prior notice, and under no circumstances shall this amendment retroactively affect contracts already concluded.
With the publication of the General Contract Conditions published on the BirdGard Iberia website, it shall be understood that the users have been notified of the said amendments.
The General Contract Conditions shall always be accessible on the website so that the user can consult them at any time.
The characteristics of the products offered and marketed by BirdGard Iberia are detailed on the website, in the category where each of them is included.
Should there be specific conditions in contracts concerning any of these products, the said conditions will be specified and detailed in the description referring to the specific product.
The retail price (tax incl.) appears on each of the product pages.
The exact price that will be charged to the user may entail the payment of shipping costs, which are specified in the section referring to shipping. Once the user has added a product to the cart and entered the delivery address, the user will be able to access all the information regarding shipping costs. You can consult everything related to shipping costs here.
The prices and conditions of sale are only for information purposes and may be modified in response to market fluctuations. Once a product is published on our website, we try not to change the original price, but sometimes we are forced to do so by changes in the manufacturer's rate, currency changes in imported products or other causes beyond our control.
However, placing the order by completing the purchase form implies agreement with the price offered and with the general conditions of sale in force at that specific time. Once the invoice is issued, the purchase will be understood to have been fully executed, the purchaser benefitting from all the pertinent legal guarantees and protections. The electronic invoice will be archived and the user will have access to it in their customer area.
The user undertakes at all times to provide truthful information about the data requested in the registration or order forms, and to keep them updated at all times.
Likewise, he/she agrees to keep his/her personal access codes to our website confidential and treat them with the utmost diligence.
The user undertakes to enable the delivery of the requested order by providing a delivery address where it can be delivered within the usual merchandise delivery hours (Monday to Friday from 9:00 a.m. to 7:30 p.m.). In case of breach by the user of this obligation, BirdGard Iberia will not be liable for delays or the impossibility of delivery of the order requested by the customer.
- Delivery times range from 24 to 48 hours for mainland Spain and Portugal, 2-4 working days to other European countries. Although we cannot guarantee these delivery times, we do try to ensure that transport companies comply with them whenever possible. However, should these delivery times not be met for reasons beyond the control of BirdGard Iberia, under no circumstances shall we be held liable for the delay, and, therefore, the shipping costs will not be refundable.
- Delivery times will depend on the availability of each product, which is indicated for each and every one of the products offered. In general, in orders that include several items, a single shipment will be scheduled and the delivery time will correspond to that of the item with the longest delivery time.
- Once the order has been delivered, the customer will have 3 days to verify that all the items requested are included in the order and verify its integrity. After these 3 days, the shipment will be considered to have been accepted and claims for damages or errors in the shipment shall not be accepted.
- Should a product be received that has been damaged during transport, it is advisable to contact us within the first 24 hours to claim the damages from the transport company. It is also advisable to register the incident with the transport company:
- Correos Express: +34 91 660 2400
- GLS: +34 91 327 3295
- In the case of shipments where the order has to go through customs, we are not responsible for possible extra costs charged by customs.
Use of the service and liabilities
BirdGard Iberia does not guarantee the permanent availability of the products offered and shall be held harmless concerning any kind of liability derived from possible damages and/or losses that could be caused, including but not limited to errors or omissions in the content, lack of availability of the product, transmission of viruses or any other technologically damaging or harmful program or material that may affect your computer equipment as a result of the use of this website. However, all reasonable measures shall be taken to avoid this type of situation as far as possible.
Likewise, BirdGard Iberia shall not be liable for any delay or breach of the assumed obligations, when this is due to force majeure, such as a strike, riot, terrorist attack, war, epidemic, fire, explosion, storm, flood, earthquake or any other natural disaster.
Right of exclusion
BirdGard Iberia, without prior notice, reserves the right to deny and/or suspend access to the website for reasons of breach of contractual good faith, breach of the applicable laws and of these General Contract Conditions, and/or in cases of fraud detected by this company and/or any of its suppliers.
Nullity and ineffectiveness of the clauses
If any clause included in these General Contract Conditions were declared null or ineffective, totally or partially, this nullity or ineffectiveness shall only affect the said provision or the part thereof that is null or ineffective, subsisting the General Contract Conditions in everything else, and the provision, or the part thereof that is affected, shall be disregarded.
Under current legislation, the contract concluded may be annulled, without the need to justify this decision and without a penalty of any kind, within a period of 14 calendar days from the receipt of the merchandise by the customer. To implement this, the conditions set forth in the Returns and Guarantees section—14-Day Return Guarantee—must be met.
Governing law and jurisdiction
The relationship between BirdGard Iberia and the user shall be governed by current Spanish regulations and any controversy shall be submitted to the Courts and Tribunals of Madrid.
In the event that the purchasing party resides outside of Spain, both parties submit, expressly to the Courts and Tribunals of Madrid (Spain), waiving any other jurisdiction to which they may be entitled.