TERMS AND CONDITIONS OF SALE

General Contracting Conditions

1. Object and Scope of Application

These General Contracting Conditions aim to regulate the relationship between THE BUILDING BOY, S.L.U (hereinafter “THE COMPANY”) and you (hereinafter “the Customer”), regarding all transactions carried out through the website www.luisbustamante.com (hereinafter “the Web”), domain owned by THE COMPANY, a legally incorporated company with registered office at Calle Antonio Maura, 12, 4th Left, 28014 Madrid, with CIF number B-84520485 and registered in the Madrid Commercial Registry at Volume 22050, Page 132, Sheet M-393211.

For any inquiries, you can contact us via email at info@luisbustamante.com.

Online contracting of the products and/or services offered by THE COMPANY through this Web will be subject to the provisions of these General Contracting Conditions.

2. Acceptance and Proof of Acceptance

The purchase of products and/or services must be made by activating the “PAY” or “BUY” buttons that appear at the bottom of the purchase requests, which express the full acceptance of each and every one of the Contracting Conditions as shown on THE COMPANY’S Web prior to the purchase of the products/services. Subsequent changes to the wording of these Conditions will not apply once the purchase has been made.

From the moment of acceptance, the user becomes a Customer of THE COMPANY as described in these General Contracting Conditions. Any product or service offered later by THE COMPANY must be contracted anew.

If the Customer wishes to review the Contracting Conditions more thoroughly, they may print or save the document in electronic format.

THE COMPANY will send the Customer, once these Contracting Conditions are expressly accepted, a confirmation of the contract, including all its terms, via email before 24 hours after the purchase.

THE COMPANY informs you that for legal reasons, electronic documents formalizing the purchases are archived, and you may access these documents at any time by requesting them from our Customer Service.

3. Prices, Payment Methods, Delivery, and Withdrawal

3.1 Prices

The prices applicable to each product and/or service are those indicated on the Web at the date of the order, including, where applicable, all taxes such as VAT (Value Added Tax).

However, in accordance with Law 37/1992, of December 28, regulating this tax, the operation may be exempt or not subject to VAT depending on the buyer’s country of residence and their acting capacity (business/professional or individual). Consequently, in some cases, the final order price may differ from the amount displayed on the Web.

For shipments to countries outside the European Union, THE COMPANY will not assume costs related to customs taxes and tariffs applicable in each country.

Offers will be properly marked and identified as such, with the previous and offer prices indicated accordingly.

THE COMPANY reserves the right to modify the Web at any time without prior notice, including updating products and services based on market conditions.

Shipping costs shown on the website when placing the order are approximate and calculated based on an average weight per book (2.5 kg). THE COMPANY reserves the right to change shipping costs if the weight of the requested books varies by more than 10% above or below the mentioned average weight. In such cases, THE COMPANY will inform the Customer via email of the variation, and the Customer must confirm their continued interest in the order via email for THE COMPANY to proceed with processing.

Shipping costs and applicable VAT are always indicated in the order.

3.2 Payment Methods

Depending on the products purchased, payments can be made through the following methods:

– Debit or credit card (Visa, MasterCard, or American Express): Available for all countries and all products.

– Bank transfer: Available for all countries for orders over €50. We will send an email or SMS indicating the transfer amount and details to carry it out. Available for all our products except eBooks, audiobooks, and third-party products (Marketplace).

3.3 Delivery

Orders are shipped to the delivery address provided by the Customer, approximately within 7 working days for deliveries within the Iberian Peninsula and 20 working days for international shipments, for products in stock. If the product is out of stock, THE COMPANY will inform the Customer of this as soon as possible.

The Customer can select the shipping method from those available for their delivery zone on the Web. Delivery times, points, and costs will vary depending on the chosen shipping method, which will be communicated to the Customer before order confirmation.

THE COMPANY ships orders via recognized national and international courier companies, as well as through the State Postal Service. The delivery date depends on the availability of the selected product and the shipping zone. Before confirming the order, the Customer will be informed about the estimated delivery times. These may vary due to exceptional circumstances affecting the carrier or delivery difficulties.

In any case, if the Customer does not receive the order within the maximum legal period of 30 days from contracting, they may contact THE COMPANY via the Customer Service section of this Web. If the Customer chose international postal delivery, this period extends to 30-90 days.

3.4 Withdrawal

The Customer has a period of 14 calendar days from receipt of the goods or from the contract date in the case of services or digital content provided in non-physical form, to terminate the contract.

THE COMPANY guarantees the Customer the right to cancel their order at any time without cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise, the Customer must wait to receive the order before exercising the right of withdrawal.

The right of withdrawal will not apply in the following cases, as well as in other exceptions provided in Article 103 of Law 3/2014:

  • In the case of services, once the service has been fully performed by THE COMPANY, the Customer explicitly consents to lose their right of withdrawal.
  • For goods made to the Customer’s specifications or clearly personalized.
  • For sealed sound recordings, videos, or sealed software programs that have been unsealed by the Customer after delivery.
  • For daily newspapers, periodic publications, or magazines, except subscription contracts for such publications.
  • For digital content (ebooks, movies, etc.) that is not provided on a physical medium once the Customer has started downloading it. Starting the download implies the loss of the right of withdrawal.

To exercise the withdrawal right, you must notify THE COMPANY at Calle Antonio Maura, 12, 4th Left, 28014 Madrid, and email info@luisbustamante.com of your decision to withdraw through an unequivocal statement (e.g., a letter sent by postal mail or email).

THE COMPANY will promptly provide acknowledgment of receipt of the withdrawal on a durable medium.

In case of withdrawal, we will refund all payments received from you, including delivery costs, without undue delay and, in any case, within 14 calendar days from the date we are informed of your decision to withdraw. Refunds will be made using the same payment method you used for the initial transaction unless you explicitly agree otherwise; in any case, you will not incur any costs as a result of the refund.

If the Customer has selected a delivery method other than the least expensive standard delivery, THE COMPANY will not reimburse the additional costs resulting from this choice.

The returned order must be delivered with the delivery note and, if applicable, the invoice issued by THE COMPANY, with the Customer bearing the return shipping costs.

The Customer may return any item purchased from THE COMPANY provided the products retain their original seals and include manuals, accessories, or promotional gifts, if applicable. The Customer is only responsible for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics, or functioning of the goods.

If an incorrect product different from what was ordered is delivered due to THE COMPANY’s error, the correct product will be delivered, and the incorrect one collected at no extra charge.

If a product arrives broken, damaged, or in poor condition, THE COMPANY will collect it from the Customer’s address and replace it with a new, undamaged product at no additional cost.

For any claims or inquiries, you can contact THE COMPANY through the Customer Service section of this Web.

4. Contract Formation Procedures

To purchase the products and/or services offered on the Web, it is necessary to fill out the purchase form with personal and payment details.

Once a purchase request is received, THE COMPANY will immediately send an order confirmation to the email address provided in the request within 24 hours.

5. Language

The language in which the contract between THE COMPANY and the Customer will be perfected is Spanish.

6. Legal Guarantee and Responsibilities of the Company

Products are covered by a legal warranty of three years against conformity defects as provided in the General Law for the Defense of Consumers and Users (Royal Legislative Decree 7/2021, of April 27, which amends the recast text of the General Law for the Defense of Consumers and Users). Under this law, the consumer has the right to claim against the seller for any lack of conformity existing at the time of delivery, within the terms and conditions established therein.

If the lack of conformity manifests within the first two years, it is presumed that the defect existed at the time of delivery unless proven otherwise or if such presumption is incompatible with the nature of the product or the nature of the defect.

If the defect appears after the first two years, the Customer must prove that the defect originates from the time of delivery in order for it to be covered by the legal warranty.

Warranty assistance requires prior presentation of the purchase invoice.

The Customer has access to customer service and after-sales support. For any clarification, incident, claim, or necessary communication, you should contact the Customer Service Department in writing at THE COMPANY’s address at Calle Antonio Maura, 12, 4th Left, 28014 Madrid, or via email at info@luisbustamante.com.

THE COMPANY guarantees the quality of the service contracted through www.luisbustamante.com.

All rights guaranteed by current laws for consumers and users remain in force.

Failure to comply with any of the Contracting Conditions may result in the return of products or cancellation of services purchased by the Customer.

7. Responsibilities of the Customer

The Customer agrees to use the services lawfully, without contravening current legislation or infringing the rights and interests of third parties.

The Customer guarantees the truthfulness and accuracy of the data provided when completing the contracting forms, avoiding damages to THE COMPANY caused by incorrect information.

Failure to comply with any of the Contracting Conditions may result in THE COMPANY withdrawing or canceling the services without prior notice and without entitlement to compensation.

8. After-Sales Services

For any inquiry, incident, complaint, or claim after purchasing products or services, THE COMPANY provides a Customer Service via email at info@luisbustamante.com.

The Customer can be informed of their complaints, which will be addressed as soon as possible and within a maximum of one month, through the issuance of an acknowledgment and a written receipt (either on paper or other durable medium) by THE COMPANY.

9. Industrial and Intellectual Property

The intellectual and industrial property rights over works, trademarks, logos, and any other protectable content on THE COMPANY’s Web belong exclusively to THE COMPANY (or authorized third parties), who hold the exclusive rights to exploit them in any form, including but not limited to reproduction, copying, distribution, transformation, commercialization, and public communication. Unauthorized reproduction, distribution, commercialization, or transformation of such works, trademarks, logos, etc., constitutes an infringement of THE COMPANY’s intellectual and industrial property rights and may lead to legal or extrajudicial actions to enforce those rights.

Furthermore, such works, trademarks, logos, etc., may not be used, wholly or partially, to develop, train, program, improve, or enrich any Artificial Intelligence System, including General Use Models and General Use Systems (as defined in the European Artificial Intelligence Regulation). Rights are expressly reserved regarding the mining of texts and data, as set forth in Article 67.3 of Royal Decree-Law 24/2021 (Article 4(3) of Directive (EU) 2019/790), and such use is explicitly prohibited.

By accepting these Conditions, the Customer agrees to respect THE COMPANY’s and third parties’ Industrial and Intellectual Property rights.

10. Jurisdiction and Applicable Law

In case of any conflict or discrepancy in the interpretation or application of these contractual conditions, the courts that will hear the matter are those established by the applicable legal jurisdiction, which, in the case of final consumers, will be the place of fulfillment of the obligation or the domicile of the purchasing party.

Notwithstanding the above, the Customer may also submit disputes to the Consumer Arbitration Board in their jurisdiction.

For transactions involving a company, both parties agree to submit, with an explicit waiver of any other jurisdiction, to the courts of Madrid (Spain).

11. Complaint Forms

Complaint forms are available to consumers.