Courtesy translation. In case of any discrepancy, the Spanish version prevails, except where the English version is more favourable to you as a consumer.
They apply to the products sold by Toldobox, the trade name of Grupo WS Cover S.L.U. (CIF B75708867), which is the party that sells to you and that is liable to you:
Porches and structures with sandwich panel or anchored structures that act as a roof are not governed by this document: they have their own terms, which we will give you with the quote.
This document supplements the accepted quote and prevails over any general text as regards what it specifically regulates. Nothing stated here limits the rights that the law recognises for the consumer.
Awnings, pergolas, motors and automation are manufactured by the manufacturer of the chosen model. We advise you, take the measurements, place the order and, if you contract it, install it. The tensioned sails we make up in our workshop in Albox.
We will give you the instructions for use and maintenance and, for awnings subject to CE marking, the information on their wind resistance class.
Handover of the installation. When finished, we test the operation with you (extending and retracting, motor, remote control and sensors), explain the use to you and you may note in writing, on the handover record or delivery note, any reservation or outstanding issue, which we will resolve. Signing for receipt, with or without reservations, does not mean giving up the legal guarantee or your other rights.
The binding price is that of the quote. The prices that may be shown on the website or in the awning-fabric replacement assistant are indicative and are confirmed when measuring.
The price of an awning depends on its width (“línea”) and its projection (or height) according to the price list of the model. The price list of each model is in bands of width and projection: the quote applies the band your measurement falls into, and that is the fixed price you accept before we manufacture. Each model has minimum and maximum manufacturing sizes: if yours falls outside them, we will propose another model or dividing the awning into several.
The quote includes what appears in it, line by line. Unless stated, it does not include: masonry work or reinforcement of the support, electrical installation up to the motor point, removal of the old awning, or permits and licences (§6). Fabrics from special collections may carry a surcharge that appears in the quote.
Auxiliary equipment (scaffolding, lifting platform), dismantling of existing elements (signs, old awning, insect screens…) and any “installation included” are only understood as included if they appear in the quote. If there is anything you expect us to include, tell us before accepting and we will note it.
Before manufacturing, you review and accept the quote with the sheet of what is going to be done (measurements, model, fabric, colour, motor side and accessories): we manufacture according to it. If the measurements were taken by you, check them and confirm them in writing before we manufacture; if we took them, we are responsible for them, and the above does not exclude our liability for our measurements or for the advice we give you. Any subsequent change requires us to first confirm its feasibility and its price, and may change the deadline.
The quote is valid for 30 calendar days from its date. If it contains an obvious error of calculation, transcription, measurement or price list, we will tell you before manufacturing or installing and you may accept the corrected quote or withdraw at no cost, with full refund of what you paid.
We manufacture a new made-to-measure fabric for the awning structure you already have and, if you contract it, we remove the old one and fit the new one.
The toldobox.net assistant gives you an indicative price of the made-up fabric, VAT included. It does not include removal of the old fabric or fitting of the new one, which are confirmed when we see the awning, nor correction of the awning being out of square (“descuadre”), drainage eyelets or specially shaped valances, which are confirmed when measuring. On some models the price is always confirmed when measuring.
We take the measurements on your awning or ask you for them; if you provide them and they are incorrect, the fabric may not fit and this will not be a lack of conformity attributable to us. We recommend that we take the measurements ourselves.
The replacement does not include repair of the structure. If on dismantling we detect damaged, worn or unsafe parts, we will tell you, quote the repair separately and will not proceed without your agreement. We are liable for damage caused by our own negligent handling, but not for the prior condition of the arms, mechanism, roller tube, cassette, brackets, motor or anchors of the existing awning.
If you choose a PVC fabric for an awning with a width of more than 5 m or a projection of more than 2.5 m, the manufacturer of the price list does not guarantee its operation (rolling up and tension); if you choose it anyway, we will only make it if you accept this expressly and separately (signature or a written message that mentions it).
An awning protects from the sun: it is not a waterproof cover and cannot withstand the accumulation of water or snow. Always retract it in strong wind, storm, heavy rain or snow, and when nobody is at home. Do not extend it in wind stronger than its wind resistance class allows (we will tell you what it is). If the awning is motorised, we recommend a wind sensor; if you decide not to fit one, we will note it in the quote. A sensor helps, but it is not absolute protection and does not replace your attention: it has detection limits, needs correct power supply and configuration, and does not react instantly. A strong, sudden gust can exceed what the sensor detects in time or what the awning can withstand, and can damage it or tear it off.
Each model has a wind resistance class, declared by its manufacturer under standard EN 13561 (UNE-EN 13561 in Spain) and depending on width and projection. We state it in the quote or in the model's technical data sheet or declaration of performance, which we give you before you accept and whenever you ask (info@wscover.es, +34 667 48 03 63). Do not extend the awning in wind stronger than its class.
Damage caused by wind stronger than the model's class, or by using the awning contrary to these instructions or the manufacturer's (for example, leaving it extended in a storm, or with the sensor disconnected or without power for a reason not attributable to us), is not due to a lack of conformity of the product or of our installation. We are liable if the damage is due to a defect in the awning, the sensor or the automation, to an error of ours in installation, anchoring or configuration, or to our not having told you your model's class. If there is a disagreement, we will check it with objective data (for example, the official weather records for that day and the condition of the product and the anchoring).
If, for your size, the manufacturer does not guarantee any wind resistance class (class 0), or the class is lower than usual for the model, we will tell you before you accept. We will only manufacture it if you accept that characteristic expressly and separately (with your signature or a written message that mentions it; paying the deposit is not enough). In that case the awning must be retracted in any wind, and its not withstanding wind will not be a lack of conformity.
If you retract the awning with the fabric wet or damp, extend it so that it dries as soon as the weather allows (follow the manufacturer's drying instructions): fabric that is stored damp for a long time may end up with mould, stains or odour.
Acrylic fabrics may let drops through at the seams in heavy rain, and insufficient slope may cause water to pool.
Technical fabrics may show characteristics inherent to the material that their manufacturer does not consider defects (fold marks, undulations at seams and selvedges, chalking effect, differences in shade between batches).
These rules of use explain which damage is not a lack of conformity and is not covered by a commercial guarantee; they do not limit the legal guarantee (§8): if you believe a problem is a lack of conformity, let us know.
We install the product on the façade, slab, pillars or ground slab that we agree with you. The support belongs to the owner of the property and its inside cannot be seen from outside: until it is drilled it is not known for certain what lies behind (cavity, hollow brick, insulation, pipes, damp). That is why, when measuring, we inspect the support from outside with the diligence proper to our trade, ask you what you know about it (works, concealed installations, external insulation) and, if we have doubts, tell you in writing and propose a prior check (for example, a test hole with your permission) before manufacturing. An insufficient support, such as a thin partition for a heavy awning, does not allow a safe anchoring. The approximate weight of each model is in its technical data sheet.
We are liable for the anchoring we choose and carry out being suitable for the product and for the support as it could be known with that diligence, and for damage we cause through negligent execution. We are not liable for hidden defects of the support that could not be detected with that diligence, nor for repairing, reinforcing or finishing the customer's walls, structures or finishes that we have not damaged.
If, on installation, the support turns out to be unsuitable, we do not install on it. We explain the reason in writing, with photos, and you may ask a technician of your choice for an opinion. You then choose: (a) adapt it yourself (reinforcement or another location) and we set a new date, telling you beforehand the cost of any extra trip; (b) commission the adaptation from us under a separate quote, not included in the product quote; (c) receive the product without installation, and we do not charge the installation we do not carry out; or (d) cancel the order under §11. If the problem could have been detected when measuring with the diligence of our trade, we do not charge you the extra trip or the work already carried out for your order and, if you decide to cancel, we refund everything you paid; adapting the support, if you decide to do it, remains at the owner's expense.
Anchoring. When finished, we check with you that the anchoring is firm and record it in the handover record. We are liable for the anchoring during the legal guarantee (§8). The product coming loose or being damaged by wind stronger than its model's class or by use contrary to the instructions (§5) is not due to a lack of conformity, unless the anchoring was poorly executed.
If during installation an unforeseen condition appears that prevents installing safely (a support that does not hold, a concealed installation, measurements that do not match what was planned), we stop, let you know and agree with you how to proceed before continuing. We do no extra work without your acceptance.
We inform you that the installation may require authorisation from the homeowners' association, a municipal licence or responsible declaration (especially for anchored pergolas and awnings on the main façade) and compliance with by-laws on façade appearance. Unless expressly agreed in writing, obtaining them is the responsibility of the owner of the property who contracts. If you prefer, we will guide you on which ones may be needed in your municipality.
Acceptance. We send you the quote together with these terms in PDF (the version stated in the quote), by email or WhatsApp; you can also read them via the quote's QR code or link. Within its validity period, you may accept the quote and these terms by signing it, by a written message (email or WhatsApp) saying that you accept it and quoting its number, or by paying the deposit with the quote number in the payment reference: payment of the deposit is equivalent to acceptance of the quote and of these terms. Anything requiring your express and separate agreement (§4 and §5) is not deemed accepted by payment alone. After your acceptance we send you written confirmation of the order. No made-to-measure order is manufactured before acceptance.
With our installation: 50% on acceptance of the quote and 50% on the day of installation. Without installation (shipping or collection) and orders paid online: 100% in advance before manufacturing. If the quote agrees another schedule, the quote's schedule prevails. Payments by transfer to the account stated in the quote or by card over the telephone; we will never ask you for card details by email or WhatsApp. The goods remain the property of Grupo WS Cover S.L.U. until paid in full.
Deadlines depend on the manufacturer of the model: we give you an estimated deadline in the quote or in the order confirmation; if we do not state any, it will be 30 calendar days from confirmation. They are counted from when the advance payment has been received and you have confirmed to us the outstanding details (measurements, fabric, colour…). If we do not meet the agreed deadline or the one we agree after notifying you, you may give us a reasonable additional period and, if we do not meet that either, terminate the contract and recover what you paid. If an issue arises that affects the deadline, we tell you as soon as we know about it, without prejudice to your legal rights.
If a conformity issue arises, it is handled in accordance with the legal guarantee (§8) and the rights of both parties: you do not have to give up any of your rights in order to receive or pay what was agreed. We discuss it in writing and look for a solution proportionate to the seriousness of the problem.
Receiving the shipment. On receiving the awning, check the packaging and the product: if you see a knock, something missing or something that does not match the order, note it on the carrier's delivery note, take photographs and let us know the same day. This is an aid for claiming against the carrier and does not limit your rights. Tell us the times when you can receive it and we will pass this on to the agency.
Grupo WS Cover S.L.U., as seller, is liable to you for any lack of conformity of the product and of our installation that becomes apparent within the 3 years following delivery (or following installation, if the contract includes it). Unless proven otherwise, any lack of conformity that appears in the first 2 years is presumed to have already existed at delivery (Real Decreto Legislativo 1/2007).
You are entitled to have us repair or replace it at no cost (materials, labour, travel and transport, including removing and refitting the product if necessary) and, if that is not possible, to a price reduction or to terminate the contract. To make a claim, write to info@wscover.es or call 667 48 03 63, preferably with photos.
To assess your claim we may ask you for photographs or a video and, if necessary, inspect the product where it is installed (and consult the manufacturer where appropriate). If, after inspecting it, we conclude that it is not a lack of conformity, we will explain the reason to you in writing; that does not prevent you from using the channels in §12 or from exercising your legal rights. Anything we do as a goodwill gesture, over and above what the law requires, we will tell you is such and it will not detract from your rights.
Each product, its own guarantee. Each product has its own commercial guarantee, independent of that of the others: that of its manufacturer, with the term and scope of its document, which we give to you, and, if we install it, that of our installation. Your quote states only those of the products it contains. We manage them: during the 3 years of the legal guarantee, we are your point of contact and you do not have to claim from the manufacturer. All of them are in addition to the legal guarantee and do not replace it: without prejudice to the seller's 3-year legal guarantee, which is not limited. Terms and scope according to each manufacturer's document (they may decrease or be pro-rated over the years):
Commercial guarantee on installation (6 months). Only when we carry out the installation: during the 6 months following installation, Grupo WS Cover S.L.U. inspects and corrects free of charge any defect in our fitting work (fixings, levelling, seals, adjustment and regulation of what has been installed), with travel and labour included. It does not cover damage caused by factors unrelated to our installation and to the product itself: the condition of the support or wall that could not be detected when installing, wind or rain beyond what the product can withstand, knocks, inappropriate use or tampering by third parties. This commercial guarantee is in addition to the legal one: without prejudice to the seller's 3-year legal guarantee, which also covers the installation included in the contract and is not limited to these 6 months.
The surface area and tension that we calculate are indicative. A sail with more than 4 corners may not end up perfectly tensioned (warping): we will propose dividing it. The posts, walls or anchors must withstand the tension of the sail. Dismantle or slacken the sail in strong wind and in winter, following the instructions that we will give you.
They are made to measure. In all other respects, these terms and the right of withdrawal (§11) apply.
The opening direction and side (left or right, inwards or outwards) are noted on the order sheet: confirm it in writing before we manufacture.
Made-to-measure products: no right of withdrawal. Awnings, fabrics, pergolas, sails, curtains, insect screens and roller shutters are manufactured to your measurements and the fabric, colour and finish that you choose. They are goods made to your specifications and do not admit withdrawal (article 103 c) of Real Decreto Legislativo 1/2007), neither in a purchase signed at your home nor in one made online or by telephone.
What DOES admit withdrawal (14 calendar days, without stating a reason, counted from your acceptance of the quote for the installation and from receiving the item for a standard item; 30 days if you signed it during a visit to your home that you had not requested): anything that is not made to measure (standard items that appear as such in the quote) and the installation service or fabric-fitting service as long as it has not been fully carried out. If you expressly ask us in writing to begin the installation before the period ends, you must pay the proportionate part of the service already provided when you withdraw.
How to withdraw: tell us within the period by any means that leaves a record (for example, an email to info@wscover.es). You can use the model below. We refund what you paid, including standard delivery costs, within a maximum of 14 days of your notification and by the same payment method.
If you sign at your home (off-premises contract) we give you a copy of the signed contract, on paper or on another durable medium, with this information.
Cancelling a made-to-measure order. Before we place the order with the manufacturer or begin manufacturing, you can cancel it at no cost and we refund everything you paid. Afterwards, we refund what you paid deducting only the costs already incurred and justified (material ordered or made up for you, workshop hours, journeys made), which we detail to you in writing. If the order is already finished, those costs may reach the price of the manufactured product, but they never include the installation or other services that we do not end up providing; in that case the product is yours and we hand it over if you want it. If we are the ones who cannot carry out the order for a reason not attributable to you, we refund everything you paid in full, without prejudice to your other rights. Nothing above limits your rights if there is a lack of conformity or a breach on our part.
Model withdrawal form (only for what admits withdrawal): “For the attention of Grupo WS Cover S.L.U., Pol. Ind. Terdiguera, C/1 Nave 77, 04800 Albox (Almería), info@wscover.es: I hereby give notice that I withdraw from my contract of sale / for the provision of the following good or service: [product or service]. Ordered on / received on: [date]. Name: [name]. Address: [address]. Signature (only if submitted on paper): ______. Date: [date].”
For any complaint, write to us at info@wscover.es or call 667 48 03 63: we will try to resolve it directly. We have the complaints and claims forms of the Junta de Andalucía (the regional government of Andalusia) available to you at our premises (Polígono Industrial Terdiguera, C/1 Nave 77, 04800 Albox). You may also go to the Municipal Consumer Information Office of your municipality or to consumer associations. Spanish law applies and, if you are a consumer, the courts of your place of residence have jurisdiction.