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Terms and conditions
of sale.

LAST UPDATED · 30/09/2026

This is a courtesy translation. In the event of any discrepancy, the Spanish version prevails.

FONTANERÍA Y CALOR, 2006, SL hereby makes available to you these terms and conditions of sale, which govern both the use of this website and any purchases you may make through it, together with everything this entails for you as a user.

It is essential that you read all of their content carefully before browsing the website and, in particular, before placing any order, since use of the site and the purchase of our products or services imply acceptance of these terms and conditions.

If you have any questions about these Terms and Conditions or need clarification on any aspect, you may contact FONTANERÍA Y CALOR, 2006, SL through the channels indicated below.

We will be happy to assist you and provide you with the necessary information before you continue.

1. Introduction

1.1. This document, together with the other texts made available to you (Privacy Policy, Legal Notice, Cookie Policy or any other incorporated into the website: https://foncal.es/ , hereinafter “THE POLICIES”), governs the conditions of access to, browsing and use of this website, as well as the purchase of the products offered through it (hereinafter, the “Terms and Conditions”), irrespective of the channel, digital medium, format or device from which the user accesses it.

1.2. Access to https://tienda.foncal.es/ (hereinafter, “the Website”) and the placing of orders through it imply express acceptance of these Terms and Conditions and of the aforementioned privacy, social media and Cookie policies, as well as the legal notices and any other legal document available to the user on the Website.

1.3. If the user does not agree with their content, the user must refrain from using the Website.

2. Contact channel

2.1. For any question or query relating to these Terms and Conditions or to the applicable policies, the user may get in touch through the contact channels made available for that purpose, which are indicated below:

2.2. The absence of contact from the user in relation to these Terms and Conditions shall be understood as a statement that the user has read, understood and fully accepted their content, without prejudice to the rights to which the user is entitled under the legislation in force.

3. Company details

3.1. The sale of the items offered by FONCAL shall be carried out by the following company:

3.2. Hereinafter and for the purposes of this contract, the company FONTANERÍA Y CALOR 2006, SOCIEDAD LIMITADA shall be referred to as “FONCAL”.

3.3. FONCAL is the owner of the website https://tienda.foncal.es/, through which the products covered by these Terms and Conditions are marketed.

4. User details

4.1. The information and personal data provided by the user to FONCAL shall be processed in accordance with the provisions of THE POLICIES. By using this website (www.foncal.es), the user consents to the processing of such information and declares that all the data provided are truthful, accurate and true to reality.

4.2. Any change to the personal data provided that may have an impact on the commercial relationship must be notified immediately by the user to FONCAL, in order to ensure that the information is correct and up to date at all times.

4.3. FONCAL shall not be liable for any loss or damage that may arise from the failure to notify such changes.

5. General use of the website

5.1. Access to, browsing and use of the Website, as well as the placing of orders through it, imply that the user declares and warrants that they are of legal age and have sufficient legal capacity to enter into contracts in accordance with the applicable legislation.

5.2. By accessing, browsing and using the Website, as well as by placing orders through it, the user undertakes to make responsible and diligent use of it, in accordance with the legislation in force, these Terms and Conditions, good faith and public order and, in particular, to:

  • Use the Website exclusively to consult information about the products, access the available offering and place genuine and valid orders for the products marketed, in accordance with the provisions of these Terms and Conditions, as well as for any other lawful and authorised use thereof.

  • Provide truthful, accurate, complete and up-to-date information, including identification and contact details, such as email address, postal address and, where applicable, the details necessary for invoicing and payment, authorising their use for the proper management of the order and for making the necessary communications, in accordance with the provisions of THE POLICIES.

  • Refrain from placing false, simulated or fraudulent orders or orders for unlawful purposes. Where there are reasonable indications that an order of this nature has been placed, FONCAL reserves the right to cancel it immediately, without prejudice to any legal action that may be appropriate and, where applicable, to reporting the facts to the competent authorities.

    In this regard, the user must refrain from any abusive use of promotions, discounts, coupons or commercial campaigns, including repeated or fraudulent returns that distort their purpose, that is not expressly permitted by FONCAL.

  • Not use the Website for unlawful or fraudulent purposes or purposes contrary to good faith, public order or these Terms and Conditions, nor to cause harm to FONCAL, other users or third parties.

  • Not carry out acts that may damage, disable, overload or impair the Website, nor introduce or spread viruses, malicious code or other elements that may affect its normal operation.

  • Respect the intellectual and industrial property rights in the content, trade marks, trade names, designs, texts, images, photographs and other elements accessible through the Website, refraining from any unauthorised use. Their reproduction, downloading, distribution, public communication, transformation or any other form of exploitation, in whole or in part, by any means or on any medium (including other websites, social media, portals or advertising material), without the prior, express and written authorisation of FONCAL, is expressly prohibited.

  • Keep the access credentials for their user account, if they have one, confidential, assuming responsibility for any use made of it. Likewise, the user undertakes to keep strictly confidential the prices, rates, discounts and commercial conditions that FONCAL provides to them through their account or by any other means, as these are personalised and confidential in nature. Consequently, it is prohibited to communicate, send, publish or make them available to third parties, in whole or in part and by any means (including forwarding emails, screenshots or documents downloaded from the Website), without the prior written authorisation of FONCAL.

  • Immediately report any unauthorised use of their account or any security incident of which they become aware.

  • Not impersonate third parties or use other people’s personal data without their express consent.

  • Respect the return, exchange and withdrawal conditions published on the Website, using them in accordance with the legislation in force and contractual good faith.

  • Comply with any other obligations applicable under the legislation in force, these Terms and Conditions and the policies published on the Website.

5.3. Breach of any of the undertakings assumed by the user may lead FONCAL to adopt such measures as may be necessary, including the temporary suspension or permanent cancellation of access to the Website or of the user account, as well as the cancellation of orders in progress.

All of the foregoing shall be without prejudice to the possibility of bringing any appropriate legal action, including a claim for damages and, where appropriate, reporting the facts to the competent authorities.

6. Registration as a user

6.1. In order to start the purchasing process, the user must create a user account on the Website by registering the requested details, in order to facilitate the management of orders, access to their purchase history and the use of the services associated with the account.

6.2. In order to create the account, the user must expressly accept the Privacy Policy, the Cookie Policy, the Legal Notice, these Terms and Conditions of Sale and any other policies or legal texts that may be applicable, stating that they have read and understood their content.

6.3. If the user detects that an error has been made when entering their personal data during registration on the Website, they must send an email requesting its amendment to [email protected].

6.4. Likewise, the user may correct errors relating to the personal data provided during the purchasing process by contacting FONCAL through the contact channels made available on the Website, provided that such request is made before processing of the order begins, in accordance with the provisions of Clause 8.6 of these Terms and Conditions.

6.5. The user may request the cancellation or deletion of their user account at any time by email to [email protected].

6.6. The cancellation of the user account shall not result in the extinguishment, novation or early maturity of any financial obligations that the user may have outstanding towards FONCAL at the time of cancellation, nor of any financing, deferral or instalment payment agreements then in force, which shall continue to be governed by their own specific conditions and by the legislation applicable to them.

6.7. If, at the time of the cancellation request, there are any outstanding instalments, overdue amounts or debit balances, FONCAL shall inform the user thereof and indicate the available means of payment, and the cancellation of the account shall not affect the enforceability of such amounts or the legally established channels for claiming them.

6.8. Once the account has been deleted, FONCAL shall keep blocked the data strictly necessary to address any liabilities arising from the contractual relationship, for the formulation, exercise or defence of claims and for compliance with its legal, accounting and tax obligations, during the legally established limitation periods, after which they shall be erased. The blocked data shall not be subject to any further processing other than that indicated.

7. Newsletter subscription

7.1. The user may voluntarily subscribe to the FONCAL Newsletter through the forms made available on the Website, providing the requested personal data for that purpose, mainly their email address.

7.2. The purpose of the Newsletter subscription shall be the sending of commercial, informative and promotional communications relating to FONCAL’s products, services, news, events, offers and campaigns, by electronic means, in accordance with the provisions of the legislation in force. Subscribers may benefit from exclusive advantages included in the Newsletter, such as discounts, promotions or offers.

7.3. Subscription to the Newsletter shall in all cases require the express consent of the user, who declares that they have read and accepted the Privacy Policy, and who may withdraw such consent at any time free of charge.

7.4. The user may unsubscribe from the Newsletter easily and free of charge at any time, via the link provided for that purpose in each communication received or by means of a request addressed to FONCAL through the contact channels indicated on the Website.

7.5. The withdrawal of consent or unsubscription from the Newsletter shall not affect any existing contractual relationship, nor the validity of orders placed before and/or after it.

However, the user shall cease to benefit from those promotions, vouchers, offers, discounts or other advantages that are directly and exclusively linked to the Newsletter subscription. Advantages obtained prior to unsubscription may be used in accordance with their own conditions and within their period of validity.

7.6. The personal data provided in connection with the Newsletter subscription shall be processed in accordance with the provisions of the Privacy Policy, with the necessary security measures being applied to guarantee their confidentiality and integrity.

7.7. The user undertakes to notify FONCAL, as soon as possible and through the contact channels made available, of any improper, irregular or anomalous use of the Newsletter, or any use contrary to the legislation in force, of which they become aware, and in particular those cases in which content, links or communications are detected that are not related to FONCAL’s own activity, products or services, in order to contribute to maintaining lawfulness and the proper functioning of the service.

8. Purchasing process

8.1. The user may place orders for the products offered directly through the online shop available on the Website, following the purchasing process established for that purpose and in accordance with the provisions of these Terms and Conditions.

8.2. The user may place an order only by logging in with a previously registered account in accordance with the provisions of Clause 6 on “Registration as a user” set out in these Terms and Conditions.

The data necessary for processing the order shall be requested, which may include, among others, first name and surnames, email address, the creation or entry, where applicable, of a password, date of birth, company name, registered office, CIF or NIF (tax ID) and delivery address, as well as the selection of the shipping and/or collection method and of the payment method, and their consistency with the invoicing details.

Likewise, during the purchasing process, the user must accept the general terms and conditions and the privacy policy.

8.3. During the purchasing process, the Website displays various messages and confirmation windows that prevent the order from proceeding when the necessary data have not been completed correctly or have been left blank.

a) Destination construction site/project.

Where this has been established for the account, the user must indicate, at the time of purchase, the construction site/project for which the order is intended. Such indication is essential and determinative of the conditions of the order, as it defines the special conditions applicable to the construction site/project, where applicable - such as prices, discounts, delivery times, payment terms or transport costs -, as well as the delivery address for the goods, with the total amount of the basket being updated accordingly. In the absence of special conditions associated with the selected construction site/project, the general conditions in force for the account shall apply.

Special conditions are granted in view of the specific circumstances of each construction site/project and are linked exclusively to the supply of material intended for it, and shall not be extendable to or cumulative with other construction sites/projects, orders or delivery addresses, nor may they be invoked as a precedent for subsequent supplies. The user guarantees the truthfulness of the information provided and, in particular, that the construction site/project indicated corresponds to the actual destination of the material ordered.

Any change to the destination construction site/project or to the delivery address after confirmation of the order must be requested in accordance with clause 8.5 and shall be subject to operational availability and to the express acceptance of Foncal, and may entail a review of the applicable conditions and of the transport costs.

If the shipment is ultimately made to an address other than the one confirmed for the construction site/project, FONCAL reserves the right to cancel the special conditions associated with it and to apply the corresponding general conditions, as well as to pass on any additional transport or handling costs incurred, without this affecting the validity and effectiveness of the order or entitling the account holder to refuse, withhold or defer payment of the corresponding invoices.

b) Own voucher or purchase order number.

Where this has been established when the account was opened, the user may indicate, when placing the order, their own voucher or purchase order number, as well as attach the document evidencing the authorisation of the order.

The entry of such number or reference, as well as the uploading of the supporting document, serve exclusively the organisational and internal control needs of the account holder, and in no case constitute an obligation of verification for FONCAL, which merely reproduces the reference provided on the corresponding delivery notes and invoices, and is not responsible for checking its existence, validity, currency or correspondence with the order placed, nor the authenticity, sufficiency or authorisation of the attached document.

Consequently, the accuracy, truthfulness and updating of these data are the sole responsibility of the account holder, who shall likewise be liable for orders placed from their account by any person using their access credentials and for ensuring that those placing orders on their behalf have sufficient power or authorisation to do so.

Any error, omission, duplication, discrepancy or lack of internal authorisation in the voucher or purchase order number, in the reference or in the attached document shall not affect the validity and effectiveness of the order, which shall be deemed firm and binding from its confirmation, nor shall it release the account holder from full payment of the invoices corresponding to the orders actually placed and delivered, within the agreed periods and on the agreed terms.

Such circumstances may not be invoked as grounds for refusal, return, withholding, suspension, deferral, set-off or reduction of payment, nor as a reason for disputing the invoice or the debt, without prejudice to the administrative correction of the reference that FONCAL may make, where materially possible, at the request of the account holder and within the legally established periods for the correction of invoices. Such correction shall be merely documentary in nature and shall not alter the due date or the enforceability of the debt.

Likewise, the account holder shall hold FONCAL harmless against any claim, expense, cost or loss that may arise from incorrect data provided under this section, including debt collection costs, any applicable late-payment interest and the professional fees incurred by FONCAL in collecting the amounts owed.

8.4. Before making payment, the user may review and modify the order details and the items added to the basket at any time.

If, once the payment process has been completed, the user detects any error in the order placed, they must contact the customer service department as soon as possible, so that an attempt may be made to correct the error, provided that this is feasible depending on the processing status of the order.

8.5. Should the user require an immediate cancellation or modification of the order, that is, within the first 2 hours following its completion, they must contact us as soon as possible and in any event before the order is handed over to the transport company or loaded onto our lorries, through the contact channel, indicating:

  • CANCELLATION OF MY ORDER (your order number)
  • CHANGE OF ADDRESS FOR MY ORDER (your order number)

Under no circumstances may the products ordered be modified or deleted from the website once the purchase has been completed.

8.6. Once the period set in clause 8.5 has elapsed or the process of preparing, shipping or invoicing the order has begun, and in particular from the moment the order has been handed over to the courier company or loaded onto our lorries for distribution, FONCAL does not guarantee the possibility of making changes, nor shall it be liable for errors arising from incorrect, incomplete or out-of-date data provided by the user, without prejudice to the rights to which the user is entitled under the applicable legislation.

9. Quality of the products shown on the website or social media

9.1. The images of the products shown on the Website are for guidance purposes only and reflect reality as faithfully as possible. However, there may be variations in the colour, texture or appearance of the product ultimately supplied, due both to the technical characteristics of the device or screen on which they are viewed and to the fact that certain items may come from different manufacturers.

Indeed, FONCAL markets products from various manufacturers which, although equivalent and suitable for the same application and use, may present differences in finish, presentation, brand or detailed specifications with respect to the image shown. The same applies to the technical data sheets, catalogues and other product documentation published on the Website, the content of which may vary depending on the manufacturer supplying the item at any given time and on the changes that manufacturers make to their products.

Consequently, the images and technical documentation available on the Website are not contractual in nature and do not constitute a guarantee of specific characteristics, with the specifications of the product actually supplied and the documentation provided by its manufacturer prevailing in all cases.

9.2. Where the order concerns products of particular technical sensitivity, or where the intended application requires compliance with specific characteristics, dimensions, certifications or regulations, the user is advised, before placing the order, to request confirmation of the product characteristics by email to [email protected].

FONCAL shall accept no liability whatsoever for the unsuitability of the product for the intended use where such prior confirmation has not been requested.

All of the foregoing is without prejudice to the rights to which the user may be entitled under the applicable legislation, including those of withdrawal and return within the legally established periods.

10. Availability of the products offered

10.1. The availability of products shall be indicated on the Website for guidance purposes only and may vary depending on demand, inventory errors, technical incidents or causes beyond FONCAL’s control, without this giving rise to any additional liability.

All orders placed through the Website are subject to product availability. If, once the order has been placed, supply issues arise or any of the items is unavailable, FONCAL shall refund in full any amounts that may have been paid by the user in respect of those products.

10.2. The unavailability of products or supply issues shall not entitle the user to claim any additional compensation, indemnity or redress beyond the refund of the amounts actually paid, under the terms set out in the preceding paragraph.

10.3. In the event of total or partial unavailability of an order, FONCAL may offer the user, where possible, the replacement of the product with another of similar characteristics and of equal or higher quality, subject to the user’s express acceptance, without prejudice to the user’s right to choose between that option and a refund.

10.4. FONCAL shall not be liable for delays in or impossibility of supply arising from force majeure or from circumstances beyond its reasonable control, such as logistical incidents, transport interruptions, supplier errors or similar situations.

11. Price and payment for the products

11.1. The prices on the website do NOT include the Canary Islands General Indirect Tax (IGIC).

They likewise exclude shipping costs, which shall be added to the total amount due as set out in our Shipping Policy and in Clause 13.8. of these Terms and Conditions.

11.2. The prices of the products, as well as the conditions established for shipments, may be updated or modified by FONCAL at any time, in accordance with the following rules:

a) As a general rule, such variations shall not apply to orders already placed for which the corresponding order confirmation has been issued, provided that delivery takes place within fifteen (15) calendar days following the date of the order.

b) Notwithstanding the foregoing, confirmed prices may be revised where delivery is delayed by more than fifteen (15) calendar days from the date of the order for reasons not attributable to Foncal, in particular due to the needs of the construction site/project or at the user’s request, as well as in orders for products that are not in stock at the time the order is placed. In such cases, the price may be adjusted to reflect variations in the manufacturer’s prices or in transport costs, with prior notice being given to the user, who may confirm the order at the new price or cancel it at no cost.

c) The prices published on the Website for made-to-order products have been calculated on the basis that their supply is grouped with FONCAL’s ordinary restocking from its suppliers. If the user requires a shorter delivery time that obliges FONCAL to place a specific order with the supplier, Foncal reserves the right to pass on to the user the additional transport costs this entails, subject to prior notice and indication of the corresponding amount.

11.3. Once the products have been selected, the order reviewed and the available payment method chosen, the user must complete the payment process in accordance with the instructions displayed on the Website.

11.4. Payments shall be made against the account holder’s credit line, where this is available and has sufficient balance, or by credit or debit card through the Stripe payment platform.

The availability of the credit line, its limit and its conditions of use shall be those agreed with FONCAL in each case. Where the amount of the order exceeds the available credit, or where the credit line is suspended or cancelled, payment must be made by card.

FONCAL reserves the right not to process an order where payment is not authorised by the card issuer or where there are overdue and unpaid invoices.

11.5. When confirming payment, by selecting the “Authorise payment” option, the user declares that they are the legitimate holder of the means of payment used or that they have the necessary authorisation to use it.

11.6. Late-payment interest and consequences of non-payment. The provisions of this clause apply exclusively to orders placed within the framework of a commercial sale.

With regard to users who are final consumers, any issue relating to payment must be notified to FONCAL through the contact channels made available on the Website.

11.6.1. In the event of non-payment or late payment of any amount owed to FONCAL by a buyer within the framework of a commercial sale, the buyer shall automatically be in default, without the need for prior demand, from the day following the agreed due date, in accordance with Article 5 of Ley 3/2004, de 29 de diciembre, por la que se establecen medidas de lucha contra la morosidad en las operaciones comerciales (Spanish Late Payment Act).

11.6.2. From the moment of default, the amount owed shall accrue, by way of late-payment interest, the statutory late-payment interest rate in force at any given time pursuant to Article 7 of Ley 3/2004, and in no case may the applicable interest be lower than the default statutory rate provided for in that law.

11.6.3. Likewise, FONCAL shall be entitled to claim from the defaulting buyer compensation for the collection costs it has incurred, including the fixed amount established in Article 8 of Ley 3/2004, as well as the judicial and extrajudicial costs, including lawyers’ and court representatives’ (procurador) fees, that FONCAL may incur in collecting the debt.

Credit sales are in all cases conditional upon obtaining and maintaining cover from the credit insurance company with which FONCAL has taken out cover for its commercial transactions. Consequently, FONCAL reserves the right to refuse, cancel or suspend, in whole or in part, any credit order that is not fully covered by such insurer, as well as to reduce or cancel the credit line granted where cover is refused, reduced or revoked.

In such cases, FONCAL shall notify the account holder, who may maintain the order by paying for it in full and in advance by any of the other accepted means of payment, or cancel it at no cost.

The exercise of this right shall not give rise to any entitlement to compensation in favour of the account holder.

11.6.4. In the event of non-payment, FONCAL may, without prejudice to the foregoing:

  • suspend the performance of any order in progress or pending delivery, including those corresponding to other contracts with the same buyer;
  • require advance payment for future orders through the contact details provided in the customer account (address, email, mobile telephone, among others);
  • suspend or cancel any credit line, customer account or deferred payment terms granted to the buyer;
  • include the defaulting buyer’s details in common credit and solvency information files (debtor files), in accordance with Article 20 of Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (Spanish Data Protection and Digital Rights Act), and other applicable legislation, provided that the debt is certain, due, payable and has not been the subject of an administrative or judicial claim or of an alternative dispute resolution procedure, and following a reliable demand for payment made to the buyer at least within the legally required notice periods; and
  • terminate the contract in respect of orders pending delivery, with the right to compensation for the loss and damage caused.

12. Canary Islands General Indirect Tax (IGIC)

12.1. In accordance with the provisions of Ley 20/1991, de 7 de junio, de modificación de los aspectos fiscales del Régimen Económico Fiscal de Canarias (Canary Islands Economic and Tax Regime), as a general rule the supplies of goods made by FONCAL shall be subject to the Canary Islands General Indirect Tax (IGIC), applying the tax rate in force at any given time depending on the nature of the product purchased, where the transaction is deemed to take place within the territory of the Canary Islands.

12.2. The foregoing is without prejudice to shipments made to addresses located on the Spanish mainland and in the Balearic Islands (Illes Balears), which shall be subject to Value Added Tax in accordance with the provisions of Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido (Spanish VAT Act), applying the tax rate legally in force in each case.

12.3. Likewise, orders destined for Ceuta and Melilla shall be subject to the indirect taxes specific to those territories, in accordance with their specific tax legislation, without application of Value Added Tax or of the Canary Islands General Indirect Tax.

12.4. The user expressly authorises the issuing of the invoice in electronic format. However, they may at any time request the issuing of the invoice on paper by contacting this company through the communication channels set out in clause 2.

13. Delivery of the products

13.1. The usual order preparation time is between one (1) and three (3) working days from confirmation of the order.

13.2. However, this period is an estimate and may vary depending on the delivery routes, given that deliveries are made using FONCAL’s own resources. In areas with less frequent delivery, the delivery time may be extended to up to one (1) week.

Likewise, where it is necessary to transfer the goods between warehouses in order to fulfil the order, the delivery time shall vary depending on availability and on the routes existing in each case.

13.3. Before completing the order, the user must choose the available delivery method that best suits their needs. Unless expressly agreed otherwise, the products included in each order shall be shipped without undue delay and, in any event, within a maximum period of fifteen (15) business days, provided that the goods are available in stock.

13.4. Separate orders placed by the user to the same delivery address shall be grouped into a single shipment, whenever possible.

13.5. The user should bear in mind that certain factors, such as the customisation of products, unforeseen or exceptional circumstances, the destination of the goods or the existence of customs controls, inspections, formalities or holds, may affect the delivery times initially envisaged.

FONCAL shall not be liable for delays in delivery arising from force majeure, fortuitous events or circumstances beyond its reasonable control, including, by way of illustration and without limitation: weather or maritime incidents inherent in inter-island transport, strikes, incidents in the transport network or in the courier services engaged, supervening stock shortages for reasons not attributable to FONCAL, or errors in the delivery details provided by the user.

Orders may be transported by independent transport and courier companies unrelated to FONCAL. Consequently, FONCAL shall accept no liability whatsoever for delays, losses or damage occurring during transport that are directly attributable to such carriers, without prejudice to any actions that may be available to the user against them, and to the cooperation that FONCAL may provide to the user for this purpose.

In these cases, FONCAL shall not be liable for delays arising from such circumstances where they are beyond its reasonable control, without prejudice to the rights to which the user is entitled under the legislation in force on consumer and user protection.

13.6. Where the user has a tracking code enabling them to check the status of the shipment, they may notify FONCAL of any incident or significant delay through the contact channels made available.

A delay in the delivery time shall not, in itself, entitle the buyer to terminate the order, and the buyer must first require FONCAL to perform within a reasonable additional period. Immediate termination shall only be appropriate where the period has been expressly agreed as essential, or in cases of wilful misconduct or gross negligence attributable to FONCAL, all without prejudice to the provisions of clause 16 on “Liability”.

13.7. If the order cannot be delivered for any reason not attributable to FONCAL, it shall be returned to the warehouse and FONCAL may request the user to pay the return costs.

Where the order cannot be delivered for reasons attributable to the buyer - incorrect or incomplete delivery details, absence from the address indicated or refusal to accept it, among others -, FONCAL shall so notify, indicating the warehouse in which it is being held and the collection period.

From such notification, the goods shall be deemed to have been placed at the disposal of the buyer for the purposes of Article 333 of the Código de Comercio (Spanish Commercial Code), with the risk of loss or deterioration being borne by the buyer, as well as the costs of storage, custody and, where applicable, re-delivery, in accordance with the rates in force.

If thirty (30) calendar days have elapsed from receipt of such notification without the goods having been collected, FONCAL may, at its option:

a) Terminate the contract, with FONCAL being entitled to retain the amount received by way of a penalty clause expressly agreed under Articles 1152 et seq. of the Código Civil (Spanish Civil Code), as compensation for the costs of preparation, shipping, custody and return of the goods, without the need to prove the existence or amount of the loss suffered. The parties expressly agree that such penalty does not replace compensation for loss and damage, and FONCAL may claim any damages exceeding its amount; or

b) Demand performance of the contract, proceeding where appropriate to deposit the goods in accordance with Article 332 of the Código de Comercio, passing on to the buyer the costs this generates; or

c) Dispose of the goods, proceeding to sell them or to put them to any other commercial use, applying the amount obtained, after deduction of the costs of custody, return and marketing, to the settlement of the resulting balance between the parties, which FONCAL shall notify to the buyer together with the supporting documentation, with any remaining balance being paid by the same means of payment used for the purchase.

All of the foregoing is without prejudice to FONCAL’s right to suspend the processing of new orders from the buyer while there are amounts outstanding arising from the cases provided for in this clause or goods pending collection, as well as to make the acceptance of subsequent orders conditional upon advance payment of their amount. The suspension shall be notified to the buyer, stating the reason for it, and shall be lifted once the situation has been regularised.

13.8. The shipping costs applicable to orders placed through the Website shall be those expressly indicated during the purchasing process, and shall be shown in an itemised and detailed manner before final confirmation of the order.

13.9. With regard to the transfer of risk, the risk of loss, deterioration or damage to the products passes to the buyer at the moment the goods are placed at the disposal of the user or of the designated carrier, at the agreed place and time - irrespective of whether actual physical possession takes place later -, in accordance with Articles 331 and 333 of the Código de Comercio, save in cases of wilful misconduct or gross negligence attributable to FONCAL.

13.10. With regard to the transfer of ownership of the goods purchased, ownership shall not pass to the user until FONCAL has received full payment of all amounts due in relation to the order, including, where applicable, shipping costs, or until the moment of delivery if this takes place after payment. This retention of title shall be deemed agreed from the confirmation of the order, with a certain date prior to the delivery of the products, in accordance with Article 226 of the Texto Refundido de la Ley Concursal (Spanish Insolvency Act).

13.11. On-site deliveries of bulky materials: Unless otherwise expressly agreed in writing with those responsible at Foncal, deliveries of materials to construction sites shall be made on the lorry, with unloading (both its performance and the risks inherent in it) being the responsibility of the customer.

14. Returns policy

14.1. Return of products

14.1.1. FONCAL makes available, on a purely commercial and voluntary basis, the possibility for buyers within the framework of a commercial sale to return products that do not present any defect, flaw or lack of conformity. This return does not constitute a legal right of the commercial buyer, but rather an option voluntarily offered by FONCAL on the terms set out below, which may be modified, restricted or withdrawn by FONCAL at any time.

The provisions of this section 14.1 do not apply to returns due to defects, flaws or lack of conformity of the products, which are governed entirely by the provisions of clause 14.2 below, in which case shipping costs shall be borne by FONCAL as the cause is attributable to it.

14.1.2. The return request must be made within a maximum period of FIFTEEN (15) calendar days from the date of delivery of the product, by email to [email protected], indicating the order number and the reason for the return.

Made-to-order products, and products manufactured, adapted or specifically requested from the supplier in accordance with the user’s instructions, are excluded from this return option, as they do not form part of FONCAL’s usual range.

Once the return has been accepted, the user must deliver the goods to FONCAL’s warehouses by their own means and at their own expense, within the period indicated to them, and FONCAL shall not undertake collection or bear the transport costs.

14.1.3. The shipping costs of the return, as well as any shipping costs already paid in connection with the initial delivery of the order, shall in all cases be borne by the buyer and shall not be refunded by FONCAL. This provision applies exclusively to the voluntary returns governed by this section, without prejudice to the provisions of clause 14.2 for cases of defect or lack of conformity.

14.1.4. The product must be returned in perfect condition, unused, in its original packaging and with all the accessories, documentation and labelling that accompanied it, and FONCAL shall be entitled to refuse the return or to apply a reduction to the amount to be refunded where the product does not meet these conditions.

14.1.5. Once the proper condition of the returned product has been verified, FONCAL shall refund the amount corresponding to the product, excluding the shipping costs referred to in clause 14.1.3, within a reasonable period from receipt of the returned product.

14.1.6. The following are excluded from the voluntary return option governed by this clause 14.1:

  • Products made up, cut, machined or adapted to specific specifications indicated by the buyer.
  • Products manufactured, ordered or acquired by special order not included in FONCAL’s standard catalogue.
  • Sealed products that have been unsealed or whose original packaging has been altered.
  • Any other products which, by their nature, cannot be resold once delivered to the buyer.

14.2. Returns of defective products

14.2.1. The regime for claims for defects provided for in Articles 336 et seq. of the Código de Comercio, as regulated in this document, shall apply.

14.2.2. The buyer must examine the goods at the time of delivery, recording any issue relating to quantity or quality on the delivery note itself or an equivalent document.

If the buyer receives the goods without making any reservation, they shall be deemed to have examined them to their satisfaction, in accordance with Article 336 of the Código de Comercio, and may not subsequently claim for defects in quantity or quality that were apparent on such examination, without prejudice to any actions that may be available to them under the applicable legislation in cases of wilful misconduct or gross negligence attributable to FONCAL.

14.2.3. Where the goods are delivered packed or baled, the buyer shall have four (4) calendar days from receipt to claim for shortfalls in quantity or apparent quality defects, in accordance with Article 336 of the Código de Comercio. Once that period has elapsed without a verifiable claim having been made through the channels provided, the goods shall be deemed accepted without reservation for these purposes.

14.2.4. Claims for internal defects in the goods that are not apparent upon a diligent examination must be made within thirty (30) calendar days following delivery, in accordance with Article 342 of the Código de Comercio, after which any action in this respect shall definitively lapse, without prejudice to the provisions of the following paragraph.

14.2.5. If the goods have been placed in storage because they were not collected at the time of delivery, the above periods shall be calculated from their actual collection.

Any claim must be made in writing, with a detailed description of the defect and of the evidence supporting it, the burden of proof lying with the buyer both as to the existence of the defect and as to the fact that it was attributable to FONCAL and not to improper handling, transport, installation or use by the buyer or by third parties.

FONCAL shall accept no liability whatsoever for defects, flaws or lack of conformity resulting from handling, transformation, installation or use of the product not in accordance with the manufacturer’s technical specifications, nor for wear and tear arising from normal use of the product.

Under no circumstances shall a claim for defects entitle the user to suspend or withhold payment of the price of the goods, or of any other goods or order, and the provisions of the clause on payment terms shall apply in all cases.

Once the claim has been verified and accepted by FONCAL, it shall be resolved, at FONCAL’s sole discretion, by replacing the defective goods or refunding their price, any other form of remedy, compensation for direct or indirect damage, loss of profit or any other item being expressly excluded, up to the maximum limit of the amount actually paid by the buyer for the defective product, save in cases of wilful misconduct or gross negligence attributable to FONCAL.

15. Warranties

15.1. Claims for defects or flaws shall be governed by the provisions of clause 14 above and, where applicable, by the warranty against hidden defects provided for in Articles 1484 et seq. of the Código Civil, within the periods and on the terms established by that legislation.

15.2. Products shall be deemed to be in conformity with the contract where they match the description given and the characteristics indicated on the Website, are fit for the purposes for which products of the same type are ordinarily used and have the quality and performance that could reasonably be expected of a product of an equivalent nature.

In the event of a lack of conformity, the user must notify FONCAL thereof following the procedure set out in these Terms and Conditions and through the contact channels made available.

15.3. Certain products, especially those made from natural materials or subject to artisanal or semi-artisanal manufacturing processes, may present variations inherent in such materials or processes, such as differences in colour, texture, grain or general appearance. These characteristics form part of the nature of the product and shall not be considered defects, lack of conformity or flaws, provided that they do not affect its functionality or its suitability for the intended use.

This provision applies both to final consumers and to orders placed within the framework of a commercial sale, so that such variations may not be invoked as a defect in quantity or quality, or as a hidden defect, under either regime.

15.4. Certain products may additionally benefit from a commercial guarantee offered by their manufacturer, the scope, duration and conditions of which shall be indicated in the documentation accompanying the product or on the Website at the time of purchase. Such commercial guarantee is without prejudice to, and supplements, the legal warranty referred to in clause 15.1.

15.5. Defects or faults arising from the following are excluded from the legal warranty and, where applicable, from the manufacturer’s commercial guarantee:

  • installation, handling or repair of the product carried out by unauthorised or unqualified personnel;
  • use, maintenance or care of the product contrary to the manufacturer’s instructions;
  • normal wear and tear arising from ordinary use of the product; or
  • damage caused by external agents, accidents or negligence not attributable to FONCAL.

16. Liability

16.1. Unless expressly provided otherwise in these Terms and Conditions, FONCAL’s liability towards buyers within the framework of a commercial sale shall in all cases be limited to the amount actually paid for the price of the product or order concerned, save in cases of wilful misconduct or gross negligence attributable to FONCAL.

16.2. Without prejudice to the foregoing and unless the applicable legislation provides otherwise, FONCAL shall not be liable to buyers for any indirect or consequential loss or damage, or for any loss or damage not directly attributable to the contractual breach, whatever its cause or origin, including, purely by way of illustration and without limitation:

  • Loss of income, turnover or sales volume;
  • Loss of customers, business or commercial expectations;
  • Loss of profit or loss of economic or contractual opportunities;
  • Loss of anticipated savings or profits;
  • Loss of or damage to data or information;
  • Time spent on formalities, claims or interruptions to professional activity.
  • The time and labour costs incurred in the installation, assembly, dismantling, removal, replacement or reinstallation of the products, as well as damage arising from the stoppage or delay of construction works or other works

16.3. Given the open nature of the Website and the use of digital systems for the storage and transmission of information, FONCAL does not guarantee the absolute accuracy, completeness or security of the information transmitted or obtained through the Website, unless expressly stated otherwise, without prejudice to any applicable legal obligations.

17. Industrial and intellectual property

17.1. The user acknowledges and accepts that all the content and elements comprising the Website, including, among others, texts, images, designs, photographs, logos, distinctive signs, trade marks, trade names, software and other materials, are protected by intellectual and industrial property rights, ownership of which belongs to FONCAL or, where applicable, to third parties who have authorised their use.

17.2. The user is authorised to view, print and partially download the content of the Website only where the following conditions are met: that it is compatible with the purposes of the Website; that it is not done for commercial purposes or for distribution, public communication or transformation; that none of the content is modified; that no graphic, icon or image is used, copied or distributed separately from the text or other images accompanying it; and that the source is cited. Any other use, reproduction, distribution, public communication or transformation of such content is prohibited, including copying the information relating to the products or the contact details provided for purposes other than the management of the user’s own order, without the express authorisation of the rights holder.

18.1. The Website must be used responsibly and lawfully. The user undertakes not to introduce, transmit or spread through the Website any type of software, file or element that may cause damage, interference or alterations to the computer systems of FONCAL, other users or third parties, including, purely by way of illustration, viruses, malicious code or programs designed to cause harm.

18.2. Any attempt at unauthorised access to the Website, its technical infrastructure, the servers supporting it or the associated databases is expressly prohibited, as is any action aimed at interrupting, overloading or impairing its normal operation, whether directly or indirectly.

18.3. Breach of these obligations may lead FONCAL to adopt appropriate measures, including the immediate suspension of access to the Website, without prejudice to any legal action that may be appropriate and to reporting the facts to the competent authorities where appropriate.

18.4. FONCAL accepts no liability whatsoever for any damage or loss that the user’s computer systems, devices, data or files may suffer as a result of the use of the Website, the downloading of content or access to external links, where such damage arises from risks inherent in the digital environment and is not attributable to wilful misconduct or gross negligence on the part of FONCAL.

19. Communications between the parties

19.1. In accordance with the legislation in force, certain communications and information must be provided in writing.

By accessing and using the Website, the user consents to communications relating to the contractual relationship and to the use of the Website being made, preferably, by electronic means (email, messaging or notifications on the Website itself) or by telephone call, without prejudice to their right to request the use of other means of contact where required by the applicable legislation.

19.2. The user acknowledges and accepts that communications, notifications, contractual information and other documents sent or made available by electronic means shall have full legal effect and shall satisfy the legal requirements of written form. All of the foregoing is without prejudice to the rights granted to the final consumer by the applicable legislation.

19.3. Communications that the user wishes to address to FONCAL must be made through the contact channels made available for that purpose, which may include telephone support, instant messaging systems, the chat available on the Website or official social media.

Where the communication concerns the exercise of a right, a claim, a notice of withdrawal, a significant incident or any other matter for which proof may be necessary, the user must ensure that they obtain the corresponding acknowledgement of receipt or, where applicable, use the complaints and claims channel made available for that purpose; for these cases, sending messages through channels that do not allow reliable proof of their receipt, such as social media or instant messaging systems without a read receipt or an express reply, shall not be sufficient. Such proof shall not be necessary for mere informative queries.

19.4. Unless expressly stated otherwise, communications from FONCAL to the user shall be sent to the email address, mobile telephone number or postal address provided during the purchasing process or when registering the user account.

19.5. General or informative communications issued by FONCAL (general notices, changes in the operation of the Website, corporate information) shall be deemed to have been made available to users from the moment of their publication on the Website or on FONCAL’s official social media profiles, without this implying a presumption of actual knowledge on the part of each individual user.

Individual communications addressed to a specific user that have significant legal effects for that user (resolution of claims, communications linked to the exercise of rights, contractual deadlines, or any other of a similar nature) shall be deemed properly notified when sent to any of the means of contact provided by the user (email address, postal address, telephone number or other channel made available), without it being necessary to exhaust all the available means for FONCAL’s duty of notification to be deemed fulfilled.

20. Force majeure

20.1. The performance of the obligations assumed by FONCAL shall be suspended or delayed for as long as there exists a cause of force majeure or an unforeseeable or unavoidable event beyond the company’s reasonable control that makes their performance totally or partially impossible.

20.2. For as long as the force majeure situation persists, contractual periods shall be suspended and shall resume once the cause giving rise to them has ceased. FONCAL shall inform the user, as soon as reasonably possible, of the occurrence of such circumstance and of its possible effects on the performance of the obligations assumed.

20.3. If the force majeure situation continues for a period of time that makes performance of the contract unfeasible, either party may terminate it, without this giving rise to any right to compensation, without prejudice to the refund of any amounts that may be due in accordance with the applicable legislation.

20.4. The following shall be deemed to constitute force majeure:

  • Decisions, administrative acts, legal or regulatory provisions or restrictions imposed by public or governmental authorities at any level.
  • Interruptions, failures or impossibility of access to or use of telecommunications networks and systems, whether public or private.
  • Situations of serious disturbance of public order or of political or social instability, such as riots, civil commotion, invasions, terrorist acts, armed conflicts or wars, whether or not formally declared, as well as threats thereof or preparations therefor.
  • Natural or health-related events, including fires, explosions, adverse weather phenomena, floods, earthquakes, landslides, epidemics, pandemics or any other catastrophe.
  • Labour disputes or collective industrial action, such as strikes, work stoppages, lockouts or other similar actions.
  • Limitations, interruptions or impossibility of use of means of transport, both public and private, including rail, sea, air or road transport.
  • Any other event comparable to the foregoing under the applicable legislation.

21. Amendment of the contract terms. Waiver and partial invalidity of the contract

21.1. The failure by FONCAL to require strict performance of any of the obligations assumed by the user, as well as the failure to exercise the rights or actions to which it may be entitled under these Terms and Conditions or a specific contract, shall not imply any waiver of such rights or limit their future exercise, nor shall it release the user from the performance of their obligations.

21.2. Any waiver by FONCAL of a specific right or action shall not be construed as a general waiver of other rights or actions arising from these Terms and Conditions or from the contractual relationship, nor shall it extend to other contracts, an express waiver, formalised in writing and duly communicated, being required in all cases.

21.3. Likewise, a declaration that any of the clauses is null and void or ineffective shall not affect the validity and effectiveness of the remaining provisions, which shall remain fully applicable.

21.4. FONCAL reserves the right to update or amend these Terms and Conditions at any time. The version in force at any given time shall be the one published on the Website, and the user may check whether any amendments have been made by means of the date of last update shown at the beginning and at the end of this document.

The amendments introduced shall not affect orders already confirmed prior to their entry into force, which shall be governed by the Terms and Conditions in force at the time of their confirmation, with the updated Terms and Conditions applying to any subsequent order.

22. Complaints and claims

22.1. At FONCAL we are committed to our users and to the quality of the products and services we offer.

For this reason, we make the following contact channels available to all of them for submitting comments, suggestions, complaints or claims relating to the use of the Website, the products purchased or any aspect of the contractual relationship:

  • Email: [email protected]
  • Telephone: +34 922 62 40 00 / +34 902 22 40 10
  • Complaints and claims form or channel made available on the Website
  • Official complaint forms (hojas de reclamaciones), available to any user who is a consumer at FONCAL’s physical shops, in accordance with the applicable regional consumer legislation

23. Applicable law and jurisdiction

23.1. For the resolution of all disputes or matters relating to this website or to the activities carried out on it, Spanish law shall apply, to which the parties expressly submit, and the Courts and Tribunals of Santa Cruz de Tenerife shall have jurisdiction to resolve all disputes arising from or relating to its use.

This document sets out the General Terms and Conditions of Sale of https://foncal.es/ and of its presence on the social networks Instagram, X and Facebook (or any other social network on which this brand officially has a public profile).

This version was updated on 30 September 2026.