- Has read, understands and comprehends what is set forth herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
Identity of the contracting parties
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process. The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
- General contract clauses.
- Shipment of orders
- Right of withdrawal
- Force majeure
- Generalities of the offer
- Price and period of validity of the offer
- Transport costs
- Method of payment, costs and discounts
- Purchasing process
- Applicable warranties
- Warranties and returns
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not ship any order or activate any service until it has verified that payment has been made. Shipments of goods will usually be made by Express Courier (TANDEM, POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Failure to execute the contract remotely
3. RIGHT OF WITHDRAWAL
- If the product is not presented in perfect condition.
- If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
- When the product is opened without being able to demonstrate that it has not been used.
- In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
- When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of 27 March.
- In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
- In the supply of products made according to the USER’s specifications or clearly personalized.
- In the supply of products that may deteriorate or expire rapidly.
Online Dispute Resolution
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, to know and to accept the present Conditions in all their extension.
7. GENERAL INFORMATION ABOUT THE OFFER
8. PRICE AND TERM OF VALIDITY OF THE OFFER
9. TRANSPORTATION COSTS
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
11. PURCHASING PROCESS
Basket (budget simulation)
- Verification of the invoicing data.
- Verification of the shipping address.
- Selection of the payment method
- Placing the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
Article 115. Scope of application.
- Contracts for the purchase and sale of products and contracts for the supply of products to be produced or manufactured are included in the scope of application of this Title.
The provisions of this title shall not apply to products purchased by judicial sale, to water or gas, when they are not packaged for sale in limited volume or specific quantities, and to second-hand products purchased at administrative auctions which consumers and users may attend in person.
Article 116. Conformity of the products with the contract.
- In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:
- Conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
- Are suitable for the uses to which the products are ordinarily intended.
- Are suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
- They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or in the The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to know the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase the product.
- The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.
- There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and which are not in conformity with the contract.
Article 117. Incompatibility of actions. The exercise of the actions contemplated in this title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects of the purchase-sale. In any case, the consumer and user will have the right, in accordance with the civil and mercantile legislation, to be compensated for the damages derived from the lack of conformity.
Article 118. Liability of the seller and rights of the consumer and user. The consumer and user has the right to the repair of the product, its replacement, price reduction or termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
- If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or From the moment the consumer and user informs the seller of the option chosen, both parties will have to abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where the repair or replacement fails to bring the product into conformity with the contract.
- It will be considered disproportionate the form of remedy that in comparison with the other, imposes on the seller costs that are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be performed without major inconvenience to the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.
Article 120. Legal regime of the repair or replacement of the product. The repair and replacement shall conform to the following rules:
- They shall be free of charge for the consumer and user. Such free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
- They must be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
- The repair suspends the computation of the periods referred to in article 123. The period of suspension shall start from the moment the consumer and user places the product at the disposal of the seller and shall end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that motivated the repair, being presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
- If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
- The substitution suspends the periods referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. To the substitute product will be applicable, in any case, the article 1, second paragraph.
- If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or termination of the contract under the terms provided in this chapter.
- The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract. The price reduction and the resolution of the contract shall proceed, at the option of the consumer and user, when he could not demand the repair or replacement and in the cases in which these had not been carried out in reasonable time or without major inconveniences for the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
Article 122. Criteria for price reduction. The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.
Article 123. Deadlines.
- The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
- Unless proven otherwise, the delivery is understood to have been made on the day shown on the invoice or receipt of purchase, or on the corresponding delivery note if this is later.
- The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery in which the date of delivery and, where appropriate, the repair made.
- The action to claim compliance with the provisions of Chapter II of this title will prescribe three years from the delivery of the product.
- The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period will not entail the loss of the right to the corresponding remedy, the consumer and user being liable, however, for the damages actually caused by the delay in communication. In the absence of proof to the contrary, it shall be understood that the communication of the consumer and user has taken place within the established term.
Article 124. Action against the producer. When it is impossible for the consumer and user or it is an excessive burden to address the seller for the lack of conformity of the products with the contract may claim directly to the producer in order to obtain the replacement or repair of the product. In general, and without prejudice that the liability of the producer ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. This period is calculated from the time when the remedy was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Conditions.