General Conditions of Sale of Fogocasa.com

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1- General:

These general conditions of sale are strictly applied to all sales of products made in Spain, including the Balearic Islands and excluding the Canary Islands and the autonomous cities of Ceuta and Melilla where service is not provided, by fogocasa.com , a domain owned by Josué Balaguer Gargallo with NIF number ES20476748D, c/Isaac Albéniz 11, 1ºD, 28222 Majadahonda (Madrid), destined for individuals.

Any order made to fogocasa.com necessarily implies, as an essential, determining and essential condition, the unreserved acceptance by the Customer of the General Conditions of Sale of fogocasa.com in force on the day the corresponding order is placed. In addition, the Client acknowledges that the acceptance of these conditions will imply the application of these to the order to which they refer, as well as to any subsequent order, with the exception of those cases in which new conditions are brought to his attention by the administrator. The fact that fogocasa.com  does not resort to any of these conditions at any given time cannot be interpreted or be equivalent to waiving recourse to them in the future or in the past.

Applicable law and competent jurisdiction. The interpretation and execution of the conditions, as well as all the acts that are a consequence of them, will be subject to Spanish law, unless there are public order provisions contrary to it.

2- Prices:

The prices published on fogocasa.com are in Euros (€) and are valid except for typographical errors. All prices include VAT applicable on the day of the order, any change in the VAT rate will be automatically applied to the prices of the products on sale at fogocasa.com.

Offers on products for sale on fogocasa.com will be shown in the "Offers" section or will be indicated on the product file and, unless otherwise indicated, will be valid as long as they are displayed on the screen.

3- Different modes of payment:

The forms of payment accepted by fogocasa.com are bank transfer and payment by bank debit or credit card:

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Wire transfer:

In the case of Bank Transfer, the processing of the order is not automatic and takes a little longer (24/48 hours).

After reviewing the order and personalized contact with the client, the pro-forma invoice will be sent with the payment instructions.

The payment instructions contemplate the payment of 60% of the total amount as a reservation and the remaining 40% of the total amount before proceeding with the shipment of the product.

Once the transfer is confirmed, fogocasa.com will inform the customer of said confirmation and the order will be prepared or manufactured, depending on the product purchased.

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I pay with credit card:

It is done through the Stripe international payment platform.

Full payment is 100% of the total and final amount (Rate, taxes and transportation), but 60% is considered as a reservation.

4- Product:

The offers presented by fogocasa.com are valid within the limit of stocks available at the manufacturer. The company reserves the right to modify the assortment of products as well as the finishes available depending on the difficulties imposed by its suppliers.

The photographs, graphics and descriptions of the products offered for sale are for guidance only and do not commit the seller in any way.

5- Shipping:

The purchased products will be delivered to the person and to the address indicated in the order.

By default, the invoices will be sent to the email address indicated by the client at the time of registration at fogocasa.com.

On Saturdays, Sundays and holidays, there will be no departure or delivery of orders.

However, its delay will not imply the cancellation of the order or any compensation.

An order is considered delivered at the time the carrier delivers the package or packages to the customer and the customer signs the delivery receipt document. It is up to the customer to verify the condition of the merchandise upon receipt and indicate all anomalies on the delivery receipt. All products are shipped with insurance by the transport agency, so the customer has 24 hours . to communicate by email to incidences@fogocasa.com of any anomaly in the delivery, by means of a copy of the delivery document, a brief description of what happened and photographs, outside this period, any damage will be the responsibility of the client and will exempt the client from any responsibility. fogocasa.com , the transport company or the manufacturer.

For shipments outside of Spain and the Balearic Islands, contact us.

6- Purchase Guarantee

All the products offered in our store are guaranteed for a minimum period of one year and, if applicable, by that granted by each manufacturer or by current legislation. We put special effort into ensuring that our products have the support of recognized manufacturers and a high level of quality.

THE CUSTOMER will find different manuals on the web, as well as assembly instructions included with the product. fogocasa.com  is not responsible for damages caused by not following these manuals.

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This guarantee will not apply if the CUSTOMER or a third party has made modifications, repairs or manipulations in the supplied products.

7- Claim procedure for breakages, defective parts or missing parts

All products must be inspected at the time of delivery. If the packaging is damaged, "damaged packaging" must be specified on the carrier's delivery note; if this is not done, the merchandise is not covered by insurance and subsequent claims will not be accepted. It is not valid to note "pending review"

7.1- For claims caused by incidents in transport: 

If you consider that the product is not in good condition, you must always leave a written record on the carrier's delivery note, clearly explaining the incident and taking photographs that reflect the problem. ATTENTION: IT IS NOT VALID TO POINT. "EXCEPT EXAMINATION OR PENDING REVISION", when the deficient conditions are manifest, it must be much more specific, including explanatory text and, in the last case, contact our company or reject reception.

- Once the previous procedure has been carried out, leaving in writing to the transport agency the incidents observed and having detected a problem

- Inform by email of the INCIDENCE to  incidences@fogocasa.com  on the same day of receipt of the merchandise (this period is required by the insurance company of the merchandise and is the ONLY way to demand the corresponding responsibilities) COMPULSORYLY ATTACHING:

• Copy of the reception delivery note where the comment of the detected incident is reflected (if you have not put the annotation, the carrier will not be responsible for the damage)

• The photographs that support said disagreement (photo of the broken packaging)

• In the same email or a later one (within 2-3 days) Also attach for evaluation by the technical department:

  • Photo of each of the pieces that you consider damaged (for example: a glass, a blow to the side or front, etc.)

Without this information the claim WILL NOT BE PROCESSED.  

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To establish the nature of the damage, we request evidence in the form of images (photographs). When we receive them, the technical department will decide how to proceed. A photograph of the product must be taken on site, for example, for stoves, it must remain on the transport pallet.

If an item has been delivered with a damaged replaceable part (glass, dented trim, broken ceramic, etc.), we will send you a replacement part as soon as possible. We do not replace items that have damaged replaceable parts, items are only replaced if the parts are not replaceable or at our discretion. 

Once our technical department assesses the claim, those approved claims, the spare parts will be sent, generally within 5 to 14 business days, these terms are subject to stock levels in our factory. Ceramics may have a longer term that will be communicated to you as soon as possible.

The company reserves the right to reject any request in the event of damage or misuse of the product on the customer's property or during unpacking or assembly of the product.

The Company will not be responsible for the costs incurred by the customer in the event that they do not inspect and ensure that the product is solid and complete before assembly.

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8- Return and Cancellation:

In artisanal products, products made to measure, with adaptations,  that have been painted according to the client's request or have been assembled or used, cannot be returned.

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In the case of exercising the right of withdrawal that is recognized to the client who has the status of consumer, fogocasa.com will reimburse the amount of 40% of the total amount (price, taxes and transport) if 100% of the amount has been paid. , the remaining 60% is considered as a reservation as specified in the invoice. The course of the return will be made by the same means that the client made the payment at the time of formalizing the purchase. The direct cost of delivery and return of the purchased item, in the case of a distance sale, will be borne by the customer and the return will only be possible if the packaging is original and in perfect condition.

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In relation to the shipping costs, the products that have a free transport offer (when the postage on the invoice is indicated as €0.00), in the case of a return, the cost of the agency will be applied as shipping cost,  as if he hadn't had the free transportation offer.

In relation to the costs of returning the order, these must be taken into account that they are much higher than the shipping costs, at the time of communication of the return, the customer will be informed of the cost of returning the product in question.

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The term for exercising the right of withdrawal is seven business days, counted from the order, or until the product has left our facilities, whichever comes first for handcrafted products or with special requests, or seven business days from receipt of the product for the rest of the products, and once the right has been exercised, fogocasa.com will have a maximum period of 30 days from the receipt of the product at our facilities to verify the conditions.

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In any case, the customer will bear the direct costs of delivery and  return of the aforementioned product, as it is a distance sale. The customer will only be responsible for the purchase price of the product when its return is impossible due to loss, destruction or other cause that prevents him from returning the purchased item, or the decrease in value of the product is not a consequence of its use according to the nature of the item. .

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To avoid these occurrences, an expert will contact you after purchase to adjust your order if necessary.