General Terms and Conditions of Contract
These general contracting conditions, together with any specific conditions that may be established, will expressly regulate the commercial relationships between TRUE-MAKERS, S.L. (hereinafter, GROUPSUMI) and the client who contracts products and/or services offered through this website or app.
Customers are informed that GROUPSUMI reserves the right to modify these general contracting conditions at any time, as well as, where applicable, any specific conditions that may be established, respecting in all cases the general conditions in force at the time the customer enters into the contract. In any case, after any modification, inclusion, and/or replacement, acceptance of these by the customer will be required.
Indicate that the client is subject to these general terms and conditions of contracting, together with any specific conditions that may be established, in force at each of the times when the corresponding contract is executed. Acceptance of these terms and conditions, or where applicable, together with the specific conditions, will be necessary for the contracting of products and/or services. It should be noted that the validity period of the general terms and conditions and, where applicable, the specific conditions, coincides with the time they are displayed on this website, and, in any case, respecting the previous conditions accepted by the client at the time of contracting. The new general terms and conditions, or where applicable, the specific conditions, will apply from the moment they are made available to the client through this website.
These terms and conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defense of Consumers and Clients in its latest amendment included in Law 3/2014 of March 27, Law 7/1996 on the Regulation of Retail Trade, and any other applicable legal provisions.
The client, by accepting the general conditions, declares to know and accept the procedures set forth herein as necessary to proceed with the contracting of products and/or services, making them binding.
In the event of a contradiction between the general terms and the specific terms, the specific terms shall prevail. For all other clauses that do not present any incompatibility, the provisions established in the general terms and conditions of contracting shall apply.
Identification of the website owner
TRUE-MAKERS, S.L. (or GROUPSUMI)
NIF: ESB67182725
Carrer de Sardenya, 261, 08013 Barcelona, Spain
Email: info@groupsumi.com
Contracting parties
The electronic contracting process through the website https://groupsumi.de, will be carried out between the client and GROUPSUMI.
The term “client” of this website or app refers to those consumers who are natural persons, of legal age (over 18 years old, or who have the legal capacity recognized for such purposes), residing in the territory of the European Union and have a tax address in this territory, or legal entities that can prove their status and accept these terms and conditions, and, where applicable, the specific conditions that may apply. The contracting of services and products by minors, users who do not legally reside in the European Union, as well as by those users who do not comply with the general or specific conditions or when current legislation does not allow it, is expressly prohibited.
Pre-contractual information
All customers will be able to view, within the website or app, all products offered for purchase, classified by categories and subcategories. Access to this website or app is free and prior registration is not required to view the products and/or services displayed. By clicking on each of them, the customer will be able to access a complete product sheet where a brief description, availability, available discounts, price, specifications, shipping availability, product images, as well as its essential features will be indicated. Customers are informed that all data provided in the product description is based on information provided by their suppliers. Please note that the color of the product visible in the photograph is not binding. GROUPSUMI reserves the right to withdraw, replace, or change GROUPSUMI products and services without prior notice and at any time.
All prices are shown in euros and include the applicable VAT and/or any other taxes that may apply. These prices will always be current, except for any obvious typographical errors. Shipping is not included in the prices shown for the products; its cost will be itemized separately at the time of completing the purchase.
Product Availability
The availability of the products offered may vary depending on customer demand. Although the stock is updated periodically, the product requested by the customer may be out of stock at that time. In the event of non-fulfillment due to unavailability, GROUPSUMI will notify the customer during the purchase process, offering the option to inform them by email when the product in question becomes available. In any case, GROUPSUMI, as soon as it becomes aware of such unavailability, will notify the customer by email. The period for this communication will in no case exceed the maximum term of 30 days from the day following the order.
GROUPSUMI may offer the double option of: (a) supplying the customer, at no additional cost, with a product of similar characteristics or superior quality; (b) refunding the amounts paid for the canceled order.
Phases of the hiring procedure
One-time hiring
The procedures for purchasing products will be those displayed on the screen at all times and described in these General Conditions. Customers must register as members of GROUPSUMI when purchasing products and/or services. They may also enjoy promotional benefits if there are active promotions. Account creation can be done through different social networks available on this website, in order to facilitate the process for the customer.
To proceed with the contracting of products and/or services, the client must select the product and/or service they wish to contract by choosing the features that best suit their needs.
The customer, through the shopping cart screen, may use a GROUPSUMI promotional code resulting from a promotion, giveaway, or other circumstance. To validate it, they must click on “Add” and will see the discount reflected in the price breakdown, provided that it is still valid in accordance with these general conditions or, where applicable, the specific conditions.
When the customer has validated the shopping cart, they must complete the requested information and select, if applicable, the delivery and billing address, shipping method, as well as indicate the payment method they wish to use. Please note that, during the contracting process, the customer may add a dedication to the contracted product and/or service. Likewise, they must accept these general contracting conditions by checking the appropriate box. If this box is not checked, this website will not allow the contracting process to continue.
Payment system
Payment can be made by bank card, PayPal, or bank transfer. The customer may choose the payment method once they provide the billing information, and, if applicable, the shipping details. Payments will be subject to the following conditions:
Payment via bank card will be made through a payment gateway managed by a banking entity with a secure server certified according to the SSL protocol. The banking data entered is encrypted and securely transmitted to the banking entity's services and subsequently verified with the issuing bank to prevent possible fraud and abuse. GROUPSUMI does not have access to the banking data or the bank card used by the customer to complete the transaction.
All payment methods provided by GROUPSUMI are subject to verification and authorization by the issuing entities of the payment method. If the payment entities do not authorize the payment, the contracting process cannot continue, the order will be canceled, and the product and/or service will be considered not contracted. Please note that the charge for the final price of the contract, including, where applicable, shipping costs as well as any applicable taxes, will be made at the time the contract is formalized.
GROUPSUMI will send the client, within a maximum period of 24 hours from the moment the payment for the service is effectively made by the client, an email indicating a summary of the contract. This email will be considered a "proof of contract." If you have not received the proof of contract email within this period, please contact GROUPSUMI.
The client, by accepting this legal text, agrees to receive invoices resulting from timely contracting in electronic format. If the client wishes to receive a paper invoice, they must send their request to the email address info@groupsumi.com.
When the amount of the contract has been fraudulently or improperly charged using the bank card number, the customer shall have the right to demand the immediate cancellation of the charge. However, if the contract was actually made by the cardholder and the request for a refund is not the result of exercising the right of withdrawal or termination, the cardholder shall be liable to the business owner for compensation for any damages caused as a result of such cancellation.
PayPal: Additional Information
It allows you to send payments online in a secure and convenient way. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service especially designed for those who are not satisfied with traditional payment mechanisms. More information about PayPal can be found at the following link: http://www.paypal.com
Shipping procedure
Home delivery
The customer will have the option of home delivery whenever it is available and subject to stock availability.
Shipping costs are proportional to the weight, the destination of the package, and the shipping method, and will be borne by the customer. These costs will be displayed in the shopping cart before proceeding with the purchase. GROUPSUMI informs that shipping costs are the responsibility of the customer, and these will be detailed during the purchase process. Additional shipping charges may apply when the customer requests a specific delivery time (e.g., morning delivery), in which case, the amount of these shipping costs will also be detailed during the purchase process.
In the case of shipments to other territories, the portal will redirect to the websites operating under the “GROUPSUMI” brand, provided they are available in these territories. This does not in any way affect the terms of the contract.
GROUPSUMI emphasizes the customer's responsibility to provide a complete and accurate delivery address. At the time the order leaves for distribution, the customer will be informed of this fact and the carrier will activate tracking functions to ensure delivery.
GROUPSUMI assumes no responsibility when the delivery of the order cannot be completed as a result of the delivery information provided by the customer being false, inaccurate, or incomplete, or when the delivery cannot be made due to reasons beyond the control of the assigned shipping company, such as the absence of the recipient after several delivery attempts or the retention of the Product by Customs.
Indicate that tracking systems are applied throughout the entire order preparation and shipping process until delivery, providing updates on the order status at each stage and facilitating communication in case of any unforeseen events to ensure service quality at all times. Once delivery is completed, the customer is notified. It is also stated that the recipient may provide feedback and rate the quality of the products and service provided, as well as inform GROUPSUMI of any incidents so they can be resolved as quickly as possible.
The customer assumes the risks of deterioration, impairment, damage, and loss of the products in the order from the moment of delivery in accordance with the procedure regulated in these general conditions. The customer will be responsible for the storage and preservation of the products under the conditions that, if applicable, are specified on their labeling.
Exceptions in delivery times
During special offers on the GROUPSUMI website, delivery times may be longer than usual.
GROUPSUMI's vacation periods will be announced on the website and during the hiring process.
GROUPSUMI will not assume any responsibility for delays in order delivery when such delay is the exclusive fault of the customer or the authorized person.
The customer assumes the risks of deterioration, impairment, damage, and loss of the products in the order from the moment of their delivery in accordance with the procedure regulated in these Terms and Conditions. The customer will be responsible for the storage and preservation of the products under the conditions that, if applicable, are specified on their labeling.
Right of withdrawal
By virtue of the provisions established in Article 102 of the Consolidated Text of the General Law for the Defense of Consumers and Clients, the customer will have a period of up to fourteen (14) calendar days from the receipt of the product to exercise their right of withdrawal, without having to provide any reason.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement to the email address info@groupsumi.com. To meet the withdrawal deadline, it is sufficient that the communication regarding your exercise of the right of withdrawal is sent before the withdrawal period has expired.
In the event of withdrawal on your part, all payments received from you will be refunded to the customer. The shipping costs for processing the return will be borne by the customer. Returned products must be in normal condition (with their original packaging and unused or uninstalled). A copy of the invoice must be attached. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
If the reason for the return is that the product is defective or does not correspond to what was ordered, GROUPSUMI will cover the costs of the return and the new shipment. If the reason is that the order does not satisfy you, we will refund the amount, but not the return shipping costs. Additional delivery charges will also not be reimbursed if the customer has expressly selected a delivery method other than the least expensive standard delivery option.
The refund will be made without undue delay and, in any case, no later than fourteen (14) calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated, provided that the products and/or services subject to withdrawal have been previously received. Otherwise, the payment may be withheld until the withdrawn products and/or services are received or until the customer provides proof of their return.
The refund will be made using the same payment method that was used.
The exercise of the right of withdrawal will terminate the parties' obligations to execute the contract.
Indicate that the following are excluded from the right of withdrawal: Based on the provisions of Article 103.c) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, you may not exercise your right of withdrawal for goods made according to your specifications or that are clearly personalized. Likewise, based on the provisions of sections d) and e) of Article 103 of the same legal text, the right of withdrawal will not apply when supplying goods that may deteriorate or expire rapidly, as well as those sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
Any other product, good, and/or service covered by Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, is also excluded from the right of withdrawal.
Product Warranty
All the products displayed on our website are brand new, shipped directly from the factory, and come with all the warranties offered by the manufacturer. At GROUPSUMI, we guarantee the quality and condition of the materials we supply, in accordance with the legal terms established, for a period of two years from the date of delivery.
In case a malfunction and/or manufacturing defect is detected in the purchased products, and it is outside the legal claim period, you must contact the manufacturer's official Technical Assistance Service, who will authorize in writing the repair or replacement of the material in case of malfunction or breakdown within the warranty period.
GROUPSUMI will be responsible for the price reduction or contract termination within this period of time as long as you have informed us of the lack of conformity within two months from the moment you became aware of it.
We recommend that you keep the original factory packaging in which the material was supplied for these two months; otherwise, you will not be able to make use of the commercial warranty during this period. We also recommend that you keep a physical or digital copy of the purchase invoice to present it.
The warranty for each product will be subject to the conditions and scope established by each manufacturer.
Customer Obligations
The client undertakes: (a) to pay promptly for the contracted service or services, (b) to make proper use of the Website and the GROUPSUMI app and to respect applicable laws—including, but not limited to, those relating to intellectual and industrial property—and the Legal Texts applicable on the Website and the GROUPSUMI app and, by extension, not to infringe the rights of third parties or engage in any unlawful activity, (c) not to participate in any activity that hinders or interferes with the operation of the Service, including the operation of the servers and networks connected to the service.
You agree to be solely responsible, without GROUPSUMI assuming any liability to the client or third parties, for any breach of your obligations set forth in the Legal Texts of this website, as well as for the consequences of such breach, including any losses or damages that we may incur.
Customer Service
GROUPSUMI is available at the email address info@groupsumi.com for any questions that may arise from the contracting of products and/or services.
Data Protection
The client is informed that the personal data requested to carry out the contracting of products and/or services on this website or app will be processed for the purpose of managing the present contractual relationship, providing timely services, and handling accounting, tax, or administrative management.
Likewise, please be informed that, pursuant to the provisions of section 2 of article 21 of Law 34/2002, of July 11, on information society services and electronic commerce, in relation to the provisions of letter b of section 1 of article 6 of the European Union Data Protection Regulation, your data will be processed for the purpose of managing the sending of commercial, promotional, or advertising communications about our services and products, including the sending of Newsletters.
Personal data will be retained until they are no longer necessary or relevant for the purpose for which they were collected or recorded in our files. Subsequently, personal data that meet this condition will be deleted, unless there is a legal provision that authorizes their retention. It should be noted that personal data will be deleted when the right to erasure is exercised, unless there is a legal provision that authorizes their retention.
In the same way, it is hereby informed that any data that GROUPSUMI may have collected and included in its files will be communicated to companies associated with GROUPSUMI that act as data processors, for the same purposes for which the data was collected. Likewise, please note that the necessary personal data will be made available to the transport and logistics company responsible for delivering the contracted product and/or service, in the event that the home delivery option has been selected.
It is hereby informed that the legal basis for the processing of your personal data is the contractual relationship. It is also informed that the legal basis for the processing of personal data for the purpose of sending commercial communications is legitimate interest. The personal data contained in this document will also be processed in order to comply with the relevant legal obligations.
At any time, you may exercise your rights of access, rectification, deletion, portability, restriction, or objection to the processing of your data by sending a request to the email address info@groupsumi.com, indicating "DATA PROTECTION" in the subject line.
Likewise, it is informed that a complaint may be filed with the Spanish Data Protection Agency if you believe that the rights previously stated in this privacy policy have been violated or if you consider that the processing of personal data concerning you infringes Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, and the Organic Law on the Protection of Personal Data.
The client declares that the personal data provided is true, taking full responsibility for any possible consequences that may arise. The client must inform GROUPSUMI of any updates or modifications to the personal data provided. Otherwise, GROUPSUMI cannot be held responsible for the accuracy of the data or for the execution of the services provided by the company.
For more information about our privacy policy, please refer to the section provided for this purpose on this website or app.
Integrity and Safeguarding of These General Terms and Conditions of Contract
Each of the stipulations of these general contracting conditions, or where applicable, the specific conditions, shall be interpreted separately and independently from the others. In the event that any of the clauses is found to be invalid or unenforceable under any legal regulation or is declared null and void by any Court, Tribunal, legal regulation, or administrative authority, the nullity shall only affect that specific clause and not the entirety and existence of these conditions, with the remaining provisions retaining full validity.
Applicable law. Submission to jurisdiction
These general conditions, and where applicable, the specific conditions, shall be governed and interpreted in accordance with the current Spanish legislation.
The parties expressly submit, for any issues or disputes that may arise regarding the interpretation, fulfillment, and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the client's domicile or to those of the place where the contractual obligation is to be fulfilled.
If you are contracting as a consumer, nothing in this clause will affect the rights granted to you as such by current legislation.
In the event that the contract is entered into by a company acting within the scope of its business or commercial activity, both parties expressly waive any other jurisdiction and submit to the Courts and Tribunals of Barcelona (Spain).
Information about online dispute resolution/consumer arbitration
By virtue of the provisions set forth in Regulation (EU) 524/2013, applicable throughout the European Union, the European Commission provides an online dispute resolution platform, which GROUPSUMI makes available to customers of this website or app at the following link: http://ec.europa.eu/consumers/odr
Through this link, customers of the Website will be able to access the European Online Dispute Resolution (ODR) Platform. In the event that the customer has had a problem with a contract or the provision of an online service, they may use this means to submit any claim related to such purchase or provision of services, as well as opt for the extrajudicial resolution of the dispute that has arisen.
Nuts: General Conditions
Points Accumulation
Each euro spent on valid purchases at GroupSumi is equivalent to one point in the points program. Points will be credited to the customer's account after each confirmed purchase. In the event of product returns, points equivalent to the refunded euros will be deducted from the customer's account. Accumulated points can be used 14 days after GroupSumi confirms the shipment of the order.
Limit and expiration of points
There is no maximum limit to the number of points a customer can accumulate in their account.
The points earned will expire 12 months after being obtained and cannot be used once they have expired.
Points Redemption
The rewards available for redemption, managed through our partner Tremendous, include gift cards from various online stores, travel discounts, charitable contributions, and other benefits. There are no restrictions regarding the products that can be purchased by redeeming points, as long as the customer has the required number of points. GroupSumi is not responsible for the delivery and/or redemption of the rewards. Likewise, by using Tremendous to redeem points, the customer accepts the Terms and Conditions and the Privacy Policy of Tremendous.
Eligibility and Restrictions
Participation in the points program is reserved for registered customers of GroupSumi.
No geographic restrictions apply for participation in the points program.
Points are not transferable and cannot be shared between different user accounts.
Modifications and termination of the program
GroupSumi reserves the right to modify the terms and conditions of the points program at any time, notifying customers of such changes in a timely manner.
The termination of the points program may be carried out by GroupSumi at any time. In addition, the number of points in a customer's account may be adjusted if any abuse, exploitation of vulnerabilities, or fraudulent practices by the customer are detected.
