Terms and Conditions and Delivery Terms

1. Scope

The business relationship between Seaside and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Seaside shall not recognise any deviating terms and conditions of the customer unless Seaside has expressly agreed to their validity in writing.

2. Conclusion of the contract, right of withdrawal and cancellation

Seaside undertakes to accept the customer’s order in accordance with the terms and conditions set out on the website. In the event of typographical or printing errors on the website, Seaside is entitled to withdraw from the contract.

The same applies to incorrect calculations, provided that the error is apparent to the customer on the basis of a calculation set out in detail. If, despite its contractual obligation, the supplier fails to supply Seaside with the goods ordered, through no fault of Seaside’s own, Seaside is also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the product ordered is not available. The purchase price already paid will be refunded without delay.

The customer may return all items purchased from the Seaside Shop without restriction and free of charge within 14 days of receipt, without giving any reason. To meet the deadline, it is sufficient to notify us of the request for a return within this period by email or by telephone on:

Tel.: +34-928-77 41 11
seasideshop( at )seaside-collection.es

In the event of a return, the contract will be terminated and any payments already made will be credited once the goods have been returned. Should the goods show signs of use or damage upon return, Seaside reserves the right to claim compensation.

3. Delivery

Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the customer. Information regarding the delivery period is non-binding, unless, in exceptional cases, a binding delivery date has been confirmed.

4. Reservation of delivery

Seaside will supply these whilst stocks last.

5. Delivery charges

At the Seaside Shop, the customer pays the applicable delivery charges. These are shown accordingly. Should the order need to be dispatched in several stages for technical or logistical reasons, Seaside will only charge the delivery charges once.

Some products are dispatched from the Canary Islands, which, in accordance with the provisions of Article 349 of the Treaty on the Functioning of the European Union, are considered an outermost region and are not part of the VAT territory; consequently, when the product is dispatched to its final destination, import duties (customs duties, national or local taxes, or excise duties) may be levied in accordance with the legislation in force in the country of destination.

6. Damage caused during transport

If the goods arrive at the customer’s premises damaged as a result of transport, the customer may exercise their right to a free exchange or return in accordance with Section 2 of the Terms and Conditions. Where possible, the customer should use the original packaging and include any warranty and service documents.

7. Seaside Garantie

Seaside offers a two-year warranty on all electrical appliances and technical and mechanical hardware. For all other products, the purchaser/user should please observe the warranty period specified for each item.

In the event of a warranty claim, the relevant contact person for the product can be found in the documentation supplied with the product. If this documentation is not available, or if the item is not a technical product, please contact the address specified in section 2 of the Terms and Conditions.

8. Warranty against defects and liability

If the goods purchased are found to have a defect for which Seaside is responsible, the customer may either demand that the defect be rectified or that goods free from defects be supplied.

If Seaside is unwilling or unable to remedy the defect or provide a replacement on the grounds of disproportion, or if the remedy or replacement fails in any other way, the purchaser shall be entitled, at their discretion, to withdraw from the contract, to reduce the purchase price accordingly, or to claim damages or reimbursement for wasted expenditure.

Unless otherwise stated below, any further claims by the customer are excluded. Seaside is therefore not liable for damage that has not occurred to the goods themselves. In particular, Seaside shall not be liable for loss of profit or any other financial loss suffered by the customer. Where Seaside’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives or vicarious agents.

The above limitation of liability shall not apply where the damage is caused by wilful misconduct or gross negligence. Nor shall it apply where the customer asserts claims under Sections 1 and 4 of the Product Liability Act, claims arising from the absence of a warranted characteristic, or claims for damages arising from non-performance.

Where Seaside negligently breaches a material contractual obligation, its liability for compensation for property damage shall be limited to the average direct damage typically incurred, which is foreseeable given the nature of the goods and is characteristic of the contract.

9. Due Date and Payment, Default

Payment for the goods shall be made on invoice. The purchase price is due upon receipt of the goods and must be settled within 14 days. Should the customer default on payment, Seaside shall be entitled to charge interest on arrears at a rate of 5 per cent above the base rate per annum published by the European Central Bank. If Seaside can prove that it has incurred greater losses as a result of the delay, Seaside is entitled to claim these; the customer reserves the right to prove that the loss was less.

In the event of returns, the invoice amount may be reduced accordingly.

10. Set-off, retention

The customer shall only be entitled to set-off if their counter-claims have been established by a final and binding judgement or are undisputed by Seaside. Furthermore, they shall only be authorised to exercise their right of retention to the extent that their counter-claim arises from the same contractual relationship.

11. Retention of title

The goods delivered remain the property of Seaside until full payment has been made.

12. Data protection

Seaside undertakes to use the data provided by the customer to Seaside for the purpose of fulfilling the order. Under no circumstances will the customer’s personal data be passed on to organisations or third parties in general without the customer’s express consent. Seaside will only send information about new products or general information to the customer’s email address if the customer has given their consent to this. The customer has the right to have their data rectified, restricted or erased. To this end, Seaside requires written notification.