General terms and conditions of sale

1. GENERAL INFORMATION

The ownership of this website www.eltoroazul.com, (hereinafter Website) is held by: EL TORO AZUL DE ARENYS DE MAR S.L.U., provided with NIF: B59307819 and registered in: Mercantile Registry Barcelona; and whose registry data are: Folio 91 Tomo 20153 Hoja B-2112 Inscripción 1ª, and whose contact details are:

Address: Carretera Nacional II, km. 658 08350 Arenys de Mar Contact telephone: 937923303

Contact email: info@eltoroazul.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site(www.eltoroazul.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Camping El Toro Azul carries out through the Website includes:

Camping, tourist services, bungalows and mobile homes rental, camping pitches, camper area, motorhomes.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Camping El Toro Azul. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Website, conﬁrms the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.

The User may formalize, at his choice, with Camping El Toro Azul the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and ways established. They should follow the online purchase and/or acquisition procedure of www.eltoroazul.com, during which various products and/or services may be selected and added to the cart, basket or ﬁnal shopping space and, ﬁnally, click on: \"Reserve and pay now".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Camping El Toro Azul has received your order or request for purchase and / or provision of service, ie the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being sent.

Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Camping El Toro Azul using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Camping El Toro Azul with the ﬁnd of constituting a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Camping El Toro Azul through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are diﬁculties regarding the supply of products or there are no products left in stock, Camping El Toro Azul undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the ﬁnal prices, in Euros (€) and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already received a conﬁrmation of order.

The accepted means of payment will be: Credit or debit card, and Bank Transfer.

Camping El Toro Azul uses all means to ensure the conﬁdentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, Camping El Toro Azul will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Camping El Toro Azul receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the conﬁrmation of shipment and/or conﬁrmation of the service provided is sent to the User in the manner and, where appropriate, place established.

In any case, by clicking on "Book and pay now" the User conﬁrms that the payment method used is his/her own.

Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by Camping El Toro Azul for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that he/she enters correctly the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Camping El Toro Azul will not be able to validate the order, which will be cancelled.

6. DELIVERY

In those cases in which physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase conﬁrmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order conﬁrmation.

If for any reason, for which it is responsible, Camping El Toro Azul cannot meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Camping El Toro Azul to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Camping El Toro Azul, Camping El Toro Azul will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.

For the purposes of these Conditions, delivery shall be deemed to have occurred or the order shall be deemed to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the ﬁrma of receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Camping El Toro Azul receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Camping El Toro Azul.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Camping El Toro Azul through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).

Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on "Reserve and pay now", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectiﬁcation as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without the need for justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Camping El Toro Azul Website or in the event that the goods making up the User's order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify Camping El Toro Azul of his decision. He/she may do so, if necessary, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Camping El Toro Azul makes available as an annexed part of these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Camping El Toro Azul will reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Camping El Toro Azul is informed of the decision to withdraw by the User.

Camping El Toro Azul will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Camping El Toro Azul may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to Camping El Toro Azul at: Carretera N II km 658, 08350 Arenys de Mar, Barcelona

And it shall do so without any undue delay and, in any case, at the latest within 14 calendar days from the date Camping El Toro Azul was informed of the withdrawal decision.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by Camping El Toro Azul, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model Cancellation Form: https://edgartamarit.com/downloads/textos-legales/modelo-formulario-desistimiento.docx

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Camping El Toro Azul immediately and let it know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Camping El Toro Azul, therefore, for the lack of conformity of the same that is maniﬁeste within three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Camping El Toro Azul and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Camping El Toro Azul accepts no liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach on its part;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, Camping El Toro Azul also limits its liability in the following cases:

Camping El Toro Azul applies all measures concerning to provide a ﬁel display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Camping El Toro Azul will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Camping El Toro Azul puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however is exempt from liability for causes not attributable to it, fortuitous event or force majeure.
Camping El Toro Azul will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Camping El Toro Azul will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Camping El Toro Azul shall not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Camping El Toro Azul will have an extension in the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. Camping El Toro Azul will use all reasonable means to find a solution that will allow it to comply with its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that most of the communications with Camping El Toro Azul will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Camping El Toro Azul sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notiﬁcations and/or communicate with Camping El Toro Azul through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Camping El Toro Azul may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by Camping El Toro Azul of any specific legal right or action or failure by Camping El Toro Azul to require strict compliance by the User with any of its obligations shall constitute a waiver of any other right or action derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Camping El Toro Azul of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions should be declared null and void by a ﬁrme resolution issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and Camping El Toro Azul in relation to the object of the purchase and sale and supersede any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and Camping El Toro Azul acknowledge having consented to the conclusion of a contract without having conﬁd in any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Camping El Toro Azul in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Camping El Toro Azul and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send Camping El Toro Azul his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Camping El Toro Azul has oﬁcial complaint forms available to consumers and users, which they can request from Camping El Toro Azul at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if a dispute arises from the conclusion of this purchase contract between Camping El Toro Azul and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Sale document was created using the online general terms and conditions of sale template generator on 05/30/2024.