GENERAL CONDITIONS OF PURCHASE

We inform you that any purchase made through the website www.bricoandpool.com and your registration process as a User, will be governed by these "General Conditions OF PURCHASE", (hereinafter, "General Conditions"). The purchase / contracting of any of our irrigation and swimming pool products offered, implies the acceptance of these General Conditions, and therefore, the acceptance of our Legal Notice and the acceptance of our applicable Privacy Policy.

The General Conditions bind the owner of the website and the buyer (Customer), granting them a series of rights and obligations, from the moment the latter places and accepts an order through this website. They are of obligatory compliance and knowledge by both parties, so that their acceptance is essential to be able to formalise an order. Therefore, the Client must read these General Conditions carefully.

IDENTIFICATION OF THE PARTIES:

VENDOR: "FONTIA SUMINISTROS, S.L." (hereinafter, "BRICOANDPOOL"), CIF of the Holder: B-93349330. Registered Address: C/ Leda, Nº 22, Polígono industrial Pérez Texeira, CP: 29006 - Málaga. Contact email: info@bricoandpool.com Contact telephone: +34 952 000 186

BUYER/CUSTOMER: User who registers by entering their personal data requested, voluntarily, in the form provided. To make a purchase it will be necessary for the customer/user to register or have registered as a user of the website, and fully and unreservedly accept all of these General Conditions, the Legal Notice and our Privacy Policy.

PRODUCTS: Bricoandpool offers users/customers its catalogue of swimming pool cleaning and maintenance products, irrigation pumps, drainage and waste water pumps, irrigation controllers and any related products offered on the website www.bricoandpool.com.

As a customer, you declare that you are of legal age and have sufficient legal capacity to be bound by these General Terms and Conditions when placing an order on our website. Notwithstanding the foregoing, you agree, expressly and without exception, that access, registration and contracting through the Web takes place under your sole and exclusive responsibility.

The owner takes all reasonable steps to ensure that all price information displayed on the Site is correct and up to date. However, errors may occasionally occur. If an error occurs and an incorrect price is assigned to a product, the responsible party may not accept the order and/or confirm the validity of the contract, as provided herein. Bricoandpool is under no obligation to supply or deliver any product whose price has been incorrectly assigned, insofar as the amount of the product has not been charged and the order has not been processed.

Shipping costs may be charged and must be clearly displayed during the order process. The total cost of shipping must be detailed and identified on the payment screen and on the invoice that is issued. The prices indicated are inclusive of VAT.

1.- SHIPPING TO Peninsula, Balearic Islands

National shipments: All the products in the BRICOANDPOOL online shop will be delivered within 1-2 working days to the mainland, provided that they are in stock at the time of purchase.

BRICOANDPOOL informs its customers that delivery will be free of charge. For shipments outside the peninsula, the products will be delivered within a period not exceeding 5-6 working days as long as they are in stock at the time of purchase. 

International shipments: All products in the BRICOANDPOOL online shop will be delivered within 7 days for international shipments within the European Union and shipping costs will be free.

All purchases are issued with the corresponding delivery note and invoice, which will be sent at the end of the purchase process.

The company in charge of transporting the products will be SEUR.

FORMS OF PAYMENT:

Credit/debit card: All operations involving the transmission of personal or bank details are carried out using a secure environment, a server based on standard SSL (Secure Socked Layer) security technology. All the information you transmit to us travels encrypted through the network. Your credit card details will not be registered by BRICOANDPOOL. Pay with your VISA or MASTERCARD securely through the payment gateway of La Caixa. When you select this type of payment we redirect you to the La Caixa gateway to return to our site once the payment has been made, so the transaction is carried out securely on the bank's gateway.

TRANSACTION SECURITY. When the customer chooses to pay by credit card/TPV, they will automatically access a secure payment gateway managed by the corresponding financial institution, which will be responsible for carrying out the appropriate procedures with the customer in order to check the validity of the transaction. Under no circumstances does BRICOANDPOOL store or maintain the bank or credit card details of customers.

Bank transfer: If you choose to pay for your order by bank transfer from your physical bank or through your online bank, when you confirm and validate your order, you will receive an email from BRICOANDPOOL, with the account number where you can make the transfer. Your order will be processed when we can validate the payment made, so we recommend that you send us proof via email (info@bricoandpool.com), this being voluntary, we are delighted that if you send us the proof by any of these means your order will be processed as soon as possible.

GUARANTEE AND RETURNS

Below, we inform you how to proceed in each case:

1. Product damaged during shipment: When you receive the product, you should check it thoroughly. If you find that it has been damaged during shipment, you should contact us immediately through our contact channels or by calling us on 670 26 95 74 where we will tell you how to proceed.

1. Incorrect product: In the event that we have made a mistake in the shipment of the product, you have 15 calendar days from the date of receipt of the order to return it to us. Please contact our customer service department at the following email address: incidencias@bricoandpool.com   

1. Defective product: In order to return a defective product, the defect must first be confirmed by sending photos showing that the item is actually damaged or deteriorated. From this point on, everything is at our expense.

All products are covered by a 2-year manufacturer's warranty. This guarantee does not include defects caused by negligence, knocks, improper use or manipulation, incorrect installation not carried out by the authorised installer where applicable, or materials subject to wear and tear due to normal use.

The guarantee will lose its value if any of the information on the guarantee or on the proof of purchase is modified, altered or replaced. In order to make use of the guarantee, it is essential to present the proof of purchase.

Statutory rights under applicable national legislation governing the sale of consumer goods are not affected by this warranty.

Return policy:

Please ensure that, when you receive an item, you take reasonable care in testing it and ensure that any security seals or labels are intact. You have 15 days from the date of receipt of your order to initiate a return, provided that the product has not been used, altered or tampered with and is in its original box and seal. Please contact us via the account section of the website so that we can arrange your returns without hassle or via the number +34 670 26 95 74.

The withdrawal period will expire 15 calendar days from the day on which you or a third party, other than the carrier, indicated by you, acquired the material possession of the goods.

To exercise the right of withdrawal, you must notify us at the email address info@bricoandpool.com, your decision to withdraw from the contract through an unequivocal statement by attaching the following withdrawal form duly completed (or failing that including in the email the data requested therein).

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

In the event of withdrawal on your part, we will reimburse to you all payments received from you, except for delivery charges without undue delay and in any event not later than 15 calendar days from the date on which we are informed of your decision to withdraw from this contract. We may withhold reimbursement until we have received the goods back, or until you have provided proof of return of the goods, whichever is the earliest.

You must return or deliver the goods directly to us at the address that we will give you after we receive your decision to withdraw from the contract, without undue delay and in any event not later than 15 calendar days from the date on which you communicate your decision to withdraw from the contract to us. The deadline shall be deemed to have been met if you return the goods before this period has expired. You shall bear the direct cost of returning the goods. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Before sending us any goods for return, we need you to send us photos of the product and its packaging to check that the product is unused and the box is in perfect condition.

We will not accept returns of used items as once used they lose their market value. In the event that the product does not work properly, it will be taken to the technical service for assessment.

We will not accept returns of custom-made or made-to-order items (for example: winter covers, summer covers, custom-made swimming pools, safety fences, filters and public swimming pool equipment, hydromassage spas, spare parts or items made to order and not published online, reconditioned products or outlet area, etc.).

Fontia Suministros S.L. reserves the right to refuse returns communicated or sent out of time or articles that are not in the same conditions in which they were received by the customer.

Fontia Suministros S.L. reserves the right not to refund the full amount paid if it is considered that the product has suffered a depreciation.

Fontia Suministros S.L. will return the amount of the product in the same way in which the payment has been made, with a maximum period of 15 days from the date of return of the product as long as it is in the same state in which it was sent.

It is important that you check the condition of your order or items when you receive them and always before use within 48/72 hours of receipt. If errors occur or problems arise, you will need to contact our Customer Service so that we can discern the cause within 48/72 hours of receipt. Before attempting to return an order you will need to contact our Customer Service (info@bricoandpool.com) to request a return authorisation number. Without this number, it may be difficult to process your return, so the return may take longer.

What do I do if I have received the wrong item?

We have high quality standards when packaging orders. However, mistakes can happen. Please accept our apologies if you have received an incorrect item. As part of our policy of maximum customer satisfaction, we will do our best to resolve the problem as quickly and easily as possible.

We will review each case on an individual basis when considering the return of the product; in some cases, we may need more information such as photos so that we can decide the best course of action. Our aim is to provide the best solution as quickly as possible.

What to do if I have received a damaged order?

At BRICOANDPOOL we try to ensure that all orders arrive in optimal condition after shipping. Please accept our apologies if you have received a damaged item.

We ask that you do not refuse delivery and instead accept your order and contact us immediately (incidencias@bricoandpool.com). Refusal of an order may result in a delay of the package being returned.

You can contact us through your account in the Online Message Centre. Please attach any images you have of the damaged product to your message. A member of our team will review the details and offer you the best possible solution.

Before sending us any product for return, we need you to send us photos of the product and its packaging to check that the product is unused and the box is in perfect condition.

We will not accept returns of used items as once used they lose their market value. In the event that the product does not work properly, it will be taken to the technical service for assessment.

We will not accept returns of custom-made or made-to-order items (for example: winter covers, summer covers, custom-made swimming pools, safety fences, filters and public swimming pool equipment, hydromassage spas, spare parts or items on order not published online, reconditioned products or outlet area, etc.).

Fontia Suministros S.L. reserves the right to refuse returns communicated or sent out of time or articles that are not in the same conditions in which they were received by the customer.

Fontia Suministros S.L. reserves the right not to refund the full amount paid if it is considered that the product has suffered a depreciation.

Fontia Suministros S.L. will return the amount of the product in the same way in which the payment has been made, with a maximum period of 15 days from the date of return of the product as long as it is in the same state in which it was sent.

What should I do if I have received a defective product?

We aim to ensure that all products and orders meet the highest quality standards. However, problems can rarely occur.

The quality control team will check the facts and try to resolve the problem within 24-48 hours. Please note that some checks may take longer if the product comes from a supplier/manufacturer.

Before sending us any product for return, we need you to send us photos of the product and its packaging to check that the product is unused and the box is in perfect condition.

We will not accept returns of used items as once used they lose their market value. In the event that the product does not work properly, it will be taken to the technical service for assessment.

We will not accept returns of custom-made or made-to-order items (for example: winter covers, summer covers, custom-made swimming pools, safety fences, filters and public swimming pool equipment, hydromassage spas, spare parts or items on order not published online, reconditioned products or outlet area, etc.).

Fontia Suministros S.L. reserves the right to refuse returns communicated or sent out of time or articles that are not in the same conditions in which they were received by the customer.

Fontia Suministros S.L. reserves the right not to refund the full amount paid if it is considered that the product has suffered a depreciation.

Fontia Suministros S.L. will return the amount of the product in the same way in which the payment has been made, with a maximum period of 15 days from the date of return of the product as long as it is in the same state in which it was sent.

What do I have to do to return a product?

Please contact our Customer Service team (incidencias@bricoandpool.com) to proceed with the return of the desired item.

To proceed with the return, you will need to inform us of the order number, the product you wish to return and the reason. Our team will then provide you with a return number and the address to which the product should be sent.

You will need to pack the product securely and include a copy of the returns form.

When returning a product, please remember to ask the courier company for a receipt. This will serve as proof of postage until you receive an exchange or a refund. Without such a receipt we will not be able to process your refund or replacement in the event that the item is lost in transit.

Any defective product will be exchanged for the same product and we will issue a refund to the same account if the product is out of stock.

Any items that you have accepted and then returned are your responsibility until they reach our warehouse. Therefore, please ensure that you send your item with a delivery service that insures the value of the goods.

Before sending any product back to us for return, we need you to send us photos of the product and its packaging to check that the product is unused and the box is in perfect condition.

We will not accept returns of used items as once used they lose their market value. In the event that the product does not work properly, it will be taken to the technical service for assessment.

We will not accept returns of custom-made or made-to-order items (for example: winter covers, summer covers, custom-made swimming pools, safety fences, filters and public swimming pool equipment, hydromassage spas, spare parts or items on order not published online, reconditioned products or outlet area, etc.).

Fontia Suministros S.L. reserves the right to refuse returns communicated or sent out of time or articles that are not in the same conditions in which they were received by the customer.

Fontia Suministros S.L. reserves the right not to refund the full amount paid if it is considered that the product has suffered a depreciation.

Fontia Suministros S.L. will return the amount of the product in the same way in which the payment has been made, with a maximum term of 15 days from the date of return of the product as long as it is in the same state in which it was sent.

Refund of shipping costs

We will be happy to refund shipping costs if the return has been requested due to an error on our part. For example;

 If we sent you the wrong item

 If the item is damaged or faulty

 If after returning an item, you receive a replacement and you do not want it.

We will not refund delivery charges for unwanted or unwanted items. You will have to bear these costs and, again, we recommend the use of a delivery service that insures the value of the items.

We will not refund postage costs for any items returned due to damage or reported fault where no such fault is found when testing the product. The cost of sending the item back to you will depend on the item and will be communicated to you once the testing process has been completed.

Returns should be sent to:

 Address: C/ Leda, Nº 19, Polígono industrial Pérez Texeira, CP: 29006 - Málaga.

 Contact e-mail address: info@bricoandpool.com

 Contact telephone number: +34 670 26 95 74

MODIFICATION OF THE CONDITIONS OF SALE AND USE

BRICOANDPOOL reserves the right to modify at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, BRICOANDPOOL recommends the CUSTOMER and/or USER to read them carefully each time they access the Web Site.

CUSTOMERS AND USERS will have these General Conditions in a visible place, freely accessible for any queries they may wish to make. In any case, the acceptance of the Conditions of Sale and Use will be a prior and indispensable step to the acquisition of any product available through the Website.

CONFIDENTIALITY, PRIVACY AND DATA PROTECTION.

BRICOANDPOOL, as the party responsible for processing the personal data of ITS CUSTOMERS AND USERS, informs you that this data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (RGPD) relating to the protection of natural persons with regard to the processing of personal data and the current LOPD-GDD 3/2018 of 5 December (LOPD-GDD) relating to the protection of personal data.

Confidentiality and protection of information. BRICOANDPOOL is committed to protecting the confidential information of its collaborating companies and clients. BRICOANDPOOL requires its Collaborators/Suppliers to comply with all applicable laws and regulations regarding confidential and private information, and to take all necessary measures to protect information of this type that they may receive from BRICOANDPOOL and/or about BRICOANDPOOL's customers. BRICOANDPOOL respects the right of all persons to the protection of their personal data, as that term is defined, and the right of all persons to integrity in relation to the processing of personal data. BRICOANDPOOL requires its Suppliers to comply with all applicable laws and regulatory requirements associated with privacy and information security, such as the General Data Protection Regulation (RGPD) and the LOPD-GDD 3/2018, as well as the information security and privacy policies of the owner, and any other specific measures that may be established in the contracts formalised between the company and the Collaborators/Suppliers.

FORCE MAJEURE

We shall not be liable for any failure to comply with any of the obligations contained in these Terms due to an event beyond our reasonable control (force majeure), including (but not limited to) strikes, pandemics, lockouts, failure of third party systems or networks, acts of God, fire, earthquake, storm, flood or other natural disaster, civil disturbance, acts of terrorism, deliberate sabotage or wilful damage to equipment or data, damage to or destruction of facilities or equipment, government regulation or policy and shortages of supply and services (a "Force Majeure Event").

Our performance of the contract shall be suspended for the duration of the Force Majeure Event and the period of performance shall be extended for the duration of the Force Majeure Event. We will use reasonable endeavours to bring such situation to an end or to find a solution for performance of our obligations under the contract even if the Force Majeure Event continues to exist.

APPLICABLE LAW AND JURISDICTION

These General Conditions of Purchase are governed by Spanish law. For the resolution of any dispute that may arise with respect to their validity, execution, fulfilment or termination (total or partial), they are subject to the jurisdiction of the Courts of Malaga. This contract constitutes the complete and integral expression of the agreement between BRICOANDPOOL and the user/client. The use of the Portal confers the condition of user and implies full and unreserved acceptance of each and every one of the provisions included in the Legal Notice. 

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.

Contact details to exercise your rights: BRICOANDPOOL, in application of Regulation (EU) 2016/679 of 27 April 2016 (RGPD), and recent LOPD-GDD 3/2018 of 5 December, has an internal manager designated for the management of Data Protection and whose contact details are detailed below:

Address: C/ Leda, Nº 22, Polígono industrial Pérez Texeira, CP: 29006 - Málaga.

Contact e-mail address: info@bricoandpool.com

Contact telephone number: +34 952 000 186

General Terms and Conditions updated and revised as of 1 June 2022.