Terms and Conditions
1. Realm of application
Solely the following General Business Terms in their currently valid version apply to the business relationships between Seaside and the customer. Seaside acknowledges no deviating terms unless it has specifically given its written agreement with these.
2. Conclusion of contract, revocation rights and rescission
Seaside undertakes to accept the order of the customer according to the terms of the website. In case of writing or printing errors on the website, Seaside is authorised to rescind.
The same applies for erroneous calculations, insofar as the error clearly occurred for the customer on the basis of a more closely examined calculation. If the Supplier of Seaside fails to supply Seaside with the ordered goods despite contractual obligation to do this, without this being the fault of Seaside, Seaside is also authorised to rescind. In this case the Customer shall be informed immediately that the ordered product is not available. The already paid purchase price will be refunded immediately.
The Customer may return all articles purchased in the Seaside Shop without limitation and free of charge without the need to specify a reason within 14 days. Adherence to this term requires notification of the desire to return within this period by email, telephone or post to:
Seaside Hotels S.L.
Avda. de Moya 8
35100 Playa del Inglés
Phone: +34-928-77 41 11
seasideshop( at )seaside-collection.es
In case of a return, the contract dissolves and credit is issued for already effected payments after return of the delivered goods. Should the goods demonstrate evidence of use or damage when they are returned, Seaside may enforce replacement rights.
Insofar as not agreed otherwise, delivery is ex warehouse to the delivery address specified by the Customer. Specifications concerning delivery time are non-binding, insofar as the delivery term has not been promised in a binding manner in an exceptional case.
4. Delivery condition
Seaside will deliver as long as the supply lasts.
5. Shipping costs
In the Seaside Shop the Customer pays the shipping costs. These will be displayed accordingly. Should a delivery take place in several increments for technical or logistical reasons, Seaside shall only calculate the shipping costs one time.
6. Transport damage
Should the goods arrive at the Customer damaged through transport, the Customer may use the free exchange and return rights as per § 2 AGB. The Customer should, if possible, use the original packaging and enclose any possible guarantee and service documents.
7. Seaside guarantee
Seaside grants a guarantee of two years on all electrical equipment as well as technical-mechanical hardware. The Customer/user is requested to respect the guarantee terms of all other products. In case of a guarantee situation, the contact person responsible for the product should use the documents that are enclosed with the product. Should these documents be absent or if what is concerned is not a technical article, contact should be taken up with the address specified in § 2 AGB.
8. Liability for defects and liability
If the purchased object has a defect attributable to Seaside, the Customer may either request correction of the defect or the delivery of a non-defective item.
If due to disproportionality Seaside is not willing or able to correct a defect or replace the product or if the correction of the defect/replacement fails in some other way, the Customer is authorised to opt to withdraw from the contract, decrease the purchase price accordingly, enforce a claim for damages or reimbursement of expenses.
Insofar as nothing to the contrary is specified below, further claims from the Customer are ruled out. Seaside therefore does not accept liability for damage that did not occur to the object of the delivery itself. Particularly Seaside accepts no liability for lost profit or for other pecuniary incurred by the Customer. Insofar as the liability of Seaside is ruled out or limited, this also applies to the personal liability of employees, representatives or assistants.
The aforementioned liability limitation does not apply insofar as the reason for damage is based on intent or gross negligence. Nor does it apply if the Customer enforces rights as per §§ 1.4 Product Liability Law, rights due to the absence of a promised characteristic, or claims for damages due to non-fulfilment.
Insofar as Seaside negligently breaches an obligation essential to the contract, the obligation to replace is limited to that for material damage incurred in the typical manner that could have been anticipated according to the nature of the goods.
9. Due date and payment, arrears
The payment of the goods is by invoice. The purchase price falls due when the goods are delivered and is to be paid within 14 days. If the Customer comes to be in payment arrears, Seaside is authorised to claim arrears interest in the amount of 5% over the basic interest rate specified by the European Central Bank per annum. If Seaside has demonstrably incurred greater loss due to the arrears, Seaside is authorised to enforce this claim; the Customer has the right to demonstrate that said loss is in fact less.
In the case of returns the invoice amount can be decreased accordingly.
10. Adjustment, withholding
The Customer only has a right to adjustment if his counter claims have been legally established or are undisputed by Seaside. Additionally he is only authorised to enforce his withholding rights insofar as his counter claim is based upon the same contractual relationship.
11. Ownership rights
Until their complete payment the goods remain the property of Seaside.
12. Operation of the webshop
Seaside Hotels S.L.
Avda. de Moya 8
35100 Playa del Inglés
13. Data protection
Seaside guarantees that it shall use the data obtained by Seaside from the Customer for the purpose of the implementation of the contract. Under no circumstances shall the personal data of the Customer be passed on without his specific agreement to organisations or third parties as a whole. Seaside shall send information about new items or general information only to the email address of the Customer if his authorisation is present. The Customer has the right to correction, blocking and deletion of his data. Seaside requires written notice to do this.