General terms and conditions of sale

1.- GENERAL INFORMATION

The website www.survara.com is owned by: Pina, S.A. (Tax ID: A46068342). Pina’s contact information is as follows:

Address: Calle Casares Quiroga, 9
15008 – A Coruña (Spain)
Telephone: (+34) 900 109 003
Email: info@survara.com

This document regulates the terms and conditions governing the use of this website (www.survara.com) and the purchase of any products and/or services on it (hereinafter “the Conditions”).

For the purposes of these Conditions, it is understood that the activity carried out by www.survara.com on the website includes the sale of wooden floorings.

In addition to reading these Conditions, the User must read the Legal Notice and the Privacy Policy, including the cookie policy and the data protection policy, before accessing, browsing and/or using www.survara.com. By using this Website or by purchasing/requesting a product or service though it, the User agrees to be bound by these Conditions and by all the aforementioned policies. Therefore, if the User does not agree with them, they should not use this Website.

We inform you that that these Conditions may be subject to change. The User has the responsible to consult them each time they access, browse and/or use the website. When a purchase is made, only the Conditions set out in the website at that time will be applicable.

In case of any questions regarding these Conditions, Users can contact the owner of the website using the contact information provided above or, where appropriate, using the contact form.

2.- THE USER

Accessing, browsing and using of the website confers the condition of user (hereinafter “User” or “Users”). From the moment they browse the website, the User accepts all the Conditions set out herein, as well as the subsequent modifications, without prejudice to the application of the corresponding legal regulations, as the case may be.

The User agrees to make good use of the website. This entails:

  • Using this website only to make legitimate inquiries or purchases.
  • Not making any false or fraudulent purchases. If we reasonably believe that such a purchase has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  • Providing correct and accurate contact information, e.g., email address, postal address and/or other contact details (see Legal Notice and General Conditions).


The User shall represent and warrant that they are at least 18 years old and are legally capable of entering into binding contracts on this website.

The website is aimed mainly at Users residing in Spain and Andorra. www.survara.com cannot ensure that the website complies with the laws of other countries, either in whole or in part. www.survara.com does not accept any liability which may arise from accessing the website, nor does it ensure the possibility of shipping products outside the countries indicated above.

The User can draw up any sale contracts with www.survara.com in any of the languages in which these Conditions are available on this website.

3.- PURCHASING PROCESS

Duly registered Users can buy on the website through the established channels. They must follow the online purchase procedure of www.survara.com: several products and/or services can be selected, added to the cart, and finally, purchased by clicking on “Checkout”.

Also, the User must fill in and check the information requested in each step. However, purchase details can be modified in the last step before payment.

Next, the User will receive an email with an order confirmation, where www.survara.com will confirm that the order or the request for a service has been received. Where appropriate, the User will also be notified by email when the order is shipped. This information may also be made available to the User through their personal account on the website.

The User agrees that, once the purchase procedure has concluded, the website will generate an electronic invoice that will be sent to the User via email. Where appropriate, it will be enabled in their personal account on the website. If they so wish, the User may request a paper copy of the invoice from www.survara.com. using the contact channels on the website or the contact information provided above.

The User acknowledges being aware of the prevailing conditions of sale (at the time of purchase) regarding the products and/or service being purchased. These products are shown on the website along with the following details, including but not limited to: name, price, size, purchase unit, type of wood, details, characteristics, and cost of the services. The User also acknowledges that completing the purchase or acquisition entails the full acceptance of the corresponding conditions of sale.

Notifications, purchase orders and payments may be archived and kept in the computerized records of www.survara.com as proof of the transactions. In any case, this will be done in accordance to the security conditions, laws and regulations in force, and particularly in accordance with the Spanish data protection legislation, the Legal Notice and the General Conditions of this website.

4.- AVAILABILITY

All orders for products in www.survara.com are subject to availability and to any events of force majeure (see Clause no. 9) that may affect the supply or the provision of services. If there are difficulties in the supply of products or there is no stock, www.survara.com shall contact the User and reimburse any amount that may have paid for their order. This will also be applicable in cases where the provision of a service becomes unfeasible.

5- PRICES AND PAYMENT

The prices displayed on the website are final. They are in Euros (€) and include taxes in accordance with the current legislation in each country and/or area.

However, and unless specifically indicated otherwise, the prices of the products do not include shipping costs. Shipping costs will be added to the total amount when the User selects the shipping method.

In no case will the website automatically add additional costs to the price of any products or services; only to those that the User has chosen themselves.

Prices may change at any time, but these changes will not affect purchases for which the User has already received an order confirmation.

We accept the following payment methods: Credit or debit card, PayPal, bank transfer or payment funded by other entities.

www.survara.com uses all necessary means to guarantee the confidentiality and security of the payment data provided by the User during online transactions. Thus, the website uses a secure payment system.

All payments will be subject to validation checks and authorization by the corresponding entities, e.g., your card issuer. If a financial entity does not authorize the payment, www.survara.com will not be liable for any delay or non-delivery and will not be able to draw up a contract with the User.

Once www.survara.com receives the purchase order from the User through the website, a pre-authorization will be made to ensure that there are sufficient funds to complete the transaction. The charge will be made at the moment when the confirmation of shipment (or provision of the service) is sent to the User.

By clicking on “Checkout”, the User confirms that they the chosen payment method.

6.- DELIVERY

Physical delivery of the products will be made in the following territories: Spain (Spanish Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla) and Principality of Andorra.

In all these countries and/or regions, shipments will be made through the shipping company REDUR, except if the seller chooses another option.

All the products grouped under the same purchase confirmation will be delivered within the period indicated on the website, except in case of unforeseen or extraordinary circumstances, or if the customisation of products causes a delay.

If for any reason ascribable to www.survara.com the Company could not meet the delivery date, the User will be informed and they may choose whether to go ahead with the purchase (with a new delivery date) or to cancel the order (with a full reimbursement). In any case, home deliveries are always made on working days.

If the order cannot be delivered due to the User’s absence, the order may be returned to the warehouse. However, in these cases, the carrier would leave a notice explaining where the order is and how to request another delivery attempt.

If the User is not going to be home the day of the delivery from 9 am to 8 pm, they must contact www.survara.com to request that the delivery is made another day.

If the delivery is not made in 14 days since the order is available for delivery, for reasons not attributable to www.survara.com, the Company will assume that the User wishes to withdraw from the contract and it will be considered terminated. Therefore, all payments made by the User will be returned, with the exception of the shipping costs deriving from the shipment to the User and the return shipment. The refund will be made without undue delay and within a maximum of 14 calendar days since the contract is deemed terminated.

In this case, the User must bear in mind that shipping the order back to the Company will be an additional cost that will be passed on to them.

For the purpose of these Conditions, the delivery shall be deemed to have occurred when the User, or an authorised third party, acquires the material possession of the products. This shall be formalised by signing the shipping receipt at the designated delivery address.

From the moment of reception, any risks that may arise from the products will be borne by the User. The User acquires ownership of the products and their packaging elements from the time when www.survara.com receives full payment of all purchases, including shipping costs; or at the time of the delivery, if it takes place after the full payment is received by www.survara.com.

In accordance with the Spanish Law 37/1992, of 28 December, on Value Added Tax (VAT), VAT will be applied to all orders as if they were located in the territories where this tax is applied (Peninsula and Balearic Islands). Tax rates in force will be applied depending on the product.

Likewise, for shipments to Ceuta, Melilla, the Canary Islands and Andorra, the User will have to pay any custom duties and the applicable taxes corresponding to each destination.

7.- TECHNICAL MEANS TO CORRECT ERRORS

We inform you that, if the User enters incorrect data when making a purchase, they may correct the data by contacting www.survara.com through the contact channels available on the website, and, where appropriate, through Customer Service or by using the contact information provided in Clause no. 1 (General Information). Likewise, these data can also corrected by the User through their personal account on the website.

In any case, before clicking on “Checkout”, the User can check the cart, where their purchase requests are saved, and can make modifications.

We recommend checking the Legal Notice and the General Conditions to learn more about how to exercise the right of rectification.

8.- RETURNS POLICY

Any Users that purchase a product on or through the owner’s website have the following rights:

Right of Withdrawal
Users/Consumers making a purchase on a website have the right to withdraw from said purchase within 14 calendar days, without the need for justification.

This withdrawal period will expire 14 calendar days after the User or an authorised third party (other than the carrier), acquires the material possession of the goods purchased on www.survara.com. In the event that your order has several goods and they are delivered separately, the withdrawal period will expire 14 calendar days after the User or an authorised third party (other than the carrier) acquires the material possession of the last one of those goods. In the case of a service contract, the withdrawal period will expire 14 calendar days after the contract is concluded.

To exercise the right of withdrawal, the User must notify www.survara.com . You can do so through the contact channels available on the Website.

Regardless of the means they choose to communicate their decision, the User must state in writing, in a clear and unambiguous manner, that they wish to withdraw from the purchase contract.

In order to meet the withdrawal period, the message expressing the unequivocal decision to withdraw from the contract only needs to be sent before the period expires.

In case of withdrawal, www.survara.com will reimburse the User for all payments received, except for the shipping costs. The reimbursement must be made without any undue delay and within 14 calendar days maximum after www.survara.com is notified of the withdrawal decision.

www.survara.com will reimburse the User using the same payment method that the purchase was paid with by the User. This refund will not result in any additional cost to the User. However, www.survara.com will withhold the reimbursement until the purchased goods are received and the Company verifies that the products are in the same conditions in which they were originally delivered, or that they have not suffered any damage after delivery.

The goods must be sent back to survara without any undue delay and within 14 calendar days maximum after www.survara.com is notified of the withdrawal decision.

The User shall bear the direct cost of returning the goods (transportation, etc.). In addition, the User shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

The User shall agree to the exceptions to the right of withdrawal, as stated in article 103 of the Spanish Royal Legislative Decree 1/2007, of 16 November, enacting the which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

This applies to the provision of services contracted through this website. The aforementioned Law states that Users cannot exercise the right of withdrawal when the provision of a service has been initiated or fully executed, and the Consumer/User gave their express consent to it and were aware that the full execution of the contract by www.survara.com entails losing the right of withdrawal.

In any case, no reimbursement will be made if the product has been removed from its packaging, has been used or is not in the same condition in which it was delivered or if it has suffered any damage after delivery.

Products must be returned in (or along with) all their original packaging, and with any instructions or documents that were sent with them. A copy of the purchase invoice must also be included.

www.survara.com will not accept any claim or return of products that have already been installed, and will not agree to cover any expenses related to the installation, assembly or disassembly of said products. In no event shall survara’s liability exceed the value of the product provided, regarding any return, withdrawal, product change or claim.

In the following link you can download the model withdrawal form: Withdrawal Form

Returns due to defective products or shipment errors
In the cases where the User considers that the product does not conform to their order, you should promptly contact www.survara.com and let us know the problem (defect/error) using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to return the products. Once they are returned, they will be examined and, within a reasonable timeframe, the User will be informed on whether the products will be reimbursed or, where appropriate, replaced.

www.survara.com will not accept returns of products that have been manipulated, transformed, altered, installed or given any type of use.

The reimbursement or replacement of the product will be made as soon as possible and, in any case, within 14 days from the day the User receives our email confirming the reimbursement or replacement.

Payment for products that are returned due to a defect will be fully reimbursed, including shipping costs and any other costs deriving from returning the product. The reimbursement will be made through the same payment method you used to make the purchase.

In any case, the User/Consumer rights recognised by the law will always be respected.

Guarantees
The products purchased by the User/Consumer are subject to guarantees pursuant to the law and can be found in the website www.survara.com.

Products will be considered to be in accordance with the contract as long as: 1) they comply with the description and properties held out by www.survara.com; 2) they are suitable for the same uses that this type of products are usually used for; and 3) they exhibit the expected quality and performance of a product of the same type. If this is not the case, the User must proceed as indicated in the section “Returns due to defective products or shipment errors”. However, the products offered on the website may present non-homogeneous characteristics deriving from the type of material they have been made with. These characteristics are part of the individual essence of the product and will not be considered a defect.

9.- DISCLAIMER OF LIABILITY

Unless otherwise provided by law, www.survara.com shall not be liable for the following losses:

  • any losses not attributable to any breach on the part of survara.
  • www.survara.com will not accept any claim or return of products that have already been installed, and will not agree to cover any expenses related to the installation, assembly or disassembly of said products. In no event shall survara’s liability exceed the value of the product provided, regarding any return, withdrawal, product change or claim.
  • business losses (including loss of profit, of revenue, of contracts, of anticipated savings, of data, of goodwill, and unnecessary expenses); or
  • any other indirect losses that were not reasonably foreseeable by both parties at the time the contract was drawn up.


Similarly, www.survara.com shall not be liable in the following cases:

  • www.survara.com takes all the necessary measures to provide a faithful display of the product on the website. The company shall not responsible for the minimal differences or inaccuracies of the product that may exist due to an inadequate screen resolution, problems caused by the browser or any other problems of this nature.
  • www.survara.com will act expeditiously in order to give the purchased product to the shipping company as soon as possible. However, it shall not be responsible for damages arising from underperformance of transport, especially due to strikes, traffic congestion and, in general, any problems specific to the sector that result in delays, losses or theft of products.
  • Technical problems that prevent the normal operation of the Internet, due to unforeseeable circumstances or other causes. Unavailability of the website, either for maintenance or other reasons. www.survara.com does all in its power to ensure the proper operation of all processes, including purchase, payment, shipping and delivery of the products. However, survara shall not be liable for any events that are not attributable to it, such as unforeseeable circumstances or situations of force majeure.
  • www.survara.com shall not be liable for the misuse and/or wear and tear of products that have been used by the User. Similarly, www.survara.com shall not be liable for any wrong returns made by the User. It is the User’s responsibility to return the correct product(s).
  • In general, www.survara.com shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract when it is caused by events outside our control (a force majeure event), including, but not limited to, any of the following:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
    •  Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • Impossibility of the use of public or private telecommunications networks.
    • The acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and www.survara.com will have an extension of time for performance for the duration of that period. www.survara.com will use all reasonable means to find a solution by which our obligations may be performed despite the force majeure event.

10.- WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this website, the User accepts that communication with www.survara.com will be mainly electronic (email or notices published on the website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications and other communications sent electronically by www.survara.com are in writing and, therefore, meet that legal requirement. This will not affect in any way the rights of the User recognised by law.

The User can send communications to www.survara.com by using the contact information provided in these Conditions and, where appropriate, through the contact channels available on the website.

Likewise, and unless otherwise stipulated, www.survara.com can contact and/or notify the User by email or at their postal address.

11.- WAIVER

No waiver of www.survara.com to enforce any of its rights or remedies will act as a waiver of such rights and remedies. A waiver by www.survara.com of any default shall not constitute a waiver of any subsequent default and does not exonerate the User from their obligations. 

No waiver by www.survara.com of any of these Conditions (or any of its rights or remedies a contract) shall be effective unless it is expressly stated to be a waiver and is communicated to the User in writing.

12.- INVALIDITY

If any of these Conditions were determined by any competent authority to be invalid, the rest of the clauses will continue to be valid and will not be affected by said declaration of invalidity.

13.- ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them represent the entire agreement between the User and www.survara.com in relation to the subject matter of these Conditions and supersede any prior agreement, understanding or arrangement between the User and the Company, whether oral or in writing.

The User and www.survara.com acknowledge that, in entering into these Terms, neither party has relied on any representation, undertaking or promise given by the other, except as expressly stated in these Conditions.

14.- DATA PROTECTION

Any personal data or information that the User provides to www.survara.com during a transaction on the website will be treated in accordance with our data protection policies (Legal Notice and General Conditions). By accessing, browsing and/or using the website, the User consents to the processing of said data and information and recognises these data as truthful.

15.- APPLICABLE LAW AND JURISDICTION

Any access, browsing and/or use of this website, as well as any product purchase contracts, will be governed by Spanish legislation.

Any dispute, problem or disagreement related to the access, browsing and/or use of the website, the interpretation and execution of these Conditions, or any sales contract between www.survara.com and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts.

16.- COMMENTS AND COMPLAINTS

The User can send to www.survara.com any comments or complaints they wish to make using the contact information provided at the beginning of these Conditions (see “General Information”).

www.survara.com also has official complaint forms that can be requested by consumers and users at any time, using the contact information provided at the beginning of these Conditions (see “General Information”).Also, in case of any disputes caused by the contract between www.survara.com and the User, the User, as a consumer, can request an extrajudicial settlement of conflicts, in accordance with the European Regulation No. 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can request this method through the following website: https://ec.europa.eu/consumers/odr/.