1. GENERAL INFORMATION
The ownership of this website astei.com, (hereinafter Website) is held by: ASTEI TALDEA, S.L , with NIF: B09859687, and whose contact details are:
Address: Barrio Olagorta, 6 – 48287 EA
Contact telephone: 619 560 123
Contact email: info@astei.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site ( www.astei.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 ASTEI TALDEA develops through the Website includes the rental and booking of tourist accommodation and the sale of gift vouchers with accommodation.
In addition to reading the present 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 this website. By using this Website or by making and/or requesting the acquisition of a product and/or service through this Website, the User agrees to be bound by these Conditions and by all of the aforementioned, so if the User does not agree with all of the above, he/she should not use this Website.
The user is also informed that these conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as the ones in force at the time the purchase of products and/or services is requested will be applicable.
For any questions that the User may have regarding the Conditions, he/she may contact the Owner using the contact details provided above or, where applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of User (hereinafter referred to indistinctly, individually as User or collectively as Users), so it is accepted, from the time you 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 provisions of mandatory compliance, where applicable.
The user is responsible for the correct use of the website. This responsibility extends to
Using the Website only for the purpose of making inquiries and legal purchases or acquisitions.
Not to make any false or fraudulent purchases. If it is reasonably believed that such a purchase has been made, it may be canceled and the appropriate authorities will be notified.
3. PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of this Website, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: “PLACE ORDER”.
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 e-mail confirming receipt of his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she wishes, obtain a copy of his/her invoice on paper, by requesting it to ASTEI TALDEA using the contact spaces of 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, quantity, details of the services, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization 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 ASTEI TALDEA in order to constitute 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 (GDPR) 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.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
The gift vouchers are a digital product. Thus, ASTEI TALDEA performs the delivery and/or shipping services through email and from this website.
In no case the Website will add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card.
Credit cards will be subject to checks and authorizations by the issuing bank, if such bank does not authorize payment, it will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Upon receipt of the purchase order by the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.
In any case, when clicking on “Finalize purchase”.
6. DELIVERY
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User receives the email confirmation of the purchase together with the gift voucher.
The User acquires the ownership of the vouchers when ASTEI TALDEA receives the full payment of all the amounts due in relation to the purchase or acquisition made.
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 case he/she detects that an error has occurred when entering the necessary data to process his/her purchase request on the Website, he/she may modify them by contacting ASTEI TALDEA through the contact spaces provided on the Website, and, if applicable, through those provided to contact the customer service, and/or by using the contact data provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website (“My account”).
In any case, the User, before clicking on “Finalize the order”, has access to the space, cart, or basket where his 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 cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days after the day the User or a third party authorized by him/her, acquired the possession of the services purchased in ASTEI TALDEA’s Website.
In order to exercise this right of withdrawal, the User must notify his/her decision to ASTEI TALDEA. He/she will be able to do it, if necessary, through the contact spaces provided in the Website.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the corresponding period.
In case of withdrawal, ASTEI TALDEA will reimburse the User all the payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which it is informed of the decision to withdraw by the User.
ASTEI TALDEA 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.
As it is a digital product, the User does not need to return any material or immaterial element, but the voucher will be cancelled and unusable for its use.
Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has started, with the express consent of the consumer and user and with the acknowledgement by him/her that he/she is aware that, once the contract has been completely executed by ASTEI TALDEA, he/she will have lost his/her right of withdrawal.
Return of defective products or delivery 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, he/she should contact immediately and let him/her know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
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 email 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, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the services that can be purchased through this Web Site, in the terms legally established for each type of product.
In this sense, it is understood that the products are in accordance with the contract as long as: they comply with the description made by ASTEI TALDEA and have the qualities presented in it; they are suitable for the uses to which the products of the same type are usually destined; and they present the usual quality and features of a product or service of the same type and that are fundamentally expected from it. 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.
9. EXONERATION OF RESPONSIBILITY
Unless otherwise provided by law, ASTEI TALDEA will not accept any liability for the following losses, regardless of their origin:
any losses that were not attributable to any breach by you;
business losses (including loss of profits, revenues, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the purchase and sale of the gift bonds was entered into between the two parties.
Likewise, it also limits its liability in the following cases:
ASTEI TALDEA applies all measures concerning to provide a faithful visualization of the service 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.
ASTEI TALDEA is not responsible for damages caused by technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. ASTEI TALDEA puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the services, however, ASTEI TALDEA is not responsible for causes that are not attributable to it, fortuitous events or force majeure.
ASTEI TALDEA will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, ASTEI TALDEA will not be responsible for an erroneous return made by the User.
In general, ASTEI TALDEA will not be responsible for any non-fulfillment or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using 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 ASTEI TALDEA will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. ASTEI TALDEA will put all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure cause.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with ASTEI TALDEA will be electronic (e-mail or notices published in the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that ASTEI TALDEA sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with ASTEI TALDEA through the contact details provided in these Conditions and, if applicable, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, ASTEI TALDEA may contact and/or notify the User by e-mail or at the postal address provided.
11. WAIVER
No waiver by ASTEI TALDEA to a specific right or legal action or the lack of requirement by ASTEI TALDEA of the strict fulfillment by the User of any of its obligations will imply, nor a waiver to other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No waiver by ASTEI TALDEA to any of the present Conditions or to the rights or actions derived from a contract will be effective, unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.
12. VOID
If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document expressly referred to in these constitute the entire agreement existing between the User and in relation to the object of purchase and sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and ASTEI TALDEA acknowledge having consented to the conclusion of a contract without having relied on 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 provided by the User 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, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between and User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send his/her complaints, claims or any other comment he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, ASTEI TALDEA has official complaint forms available to consumers and users, which they can request at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, should a dispute arise from the conclusion of this purchase contract between ASTEI TALDEA and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online 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 has been updated as of November 18, 2023.
The Houses of Ea Astei
Your luxury tourist apartments in the paradise of the Urdaibai biosphere reserve, in the Basque Country.
Bº Olagorta nª6 48287
Ea (Biscay)
info [@] astei.com
M. +34 619 560 123
Registration number:
T-BI-00014