Acceptance of this document implies that the USER:
– You’ve read, you understand and you’re agree with this text.
– He is a person with sufficient capacity to hire.
– Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it offers the services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification .
Identity of the contracting parties On the one hand, the supplier of the goods or services contracted by the USER is SARA BELEN LLUCH PENADES, with registered office Avda Albaida, 12 – 2 6 46870 Ontinyent (Valencia), NIF 48600802P and with customer service telephone / USER 685 567 820.
And on the other, the USER, registered on the website through a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific service.
The USER will select a username and password, committing himself to make diligent use of them and not making them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorized third party. , so that it proceeds to the immediate block.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping orders.
3. Right of withdrawal.
5. Force majeure.
7. General of the offer.
8. Price and period of validity of the offer.
9. Transportation expenses.
10. Method of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply 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. SENDING ORDERS
The PROVIDER will not send any proof of order until it has verified that the payment has been made.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects that the service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the product (Article 71 of Law 3/2014 of March 27).
The right of withdrawal may not apply when they are personalized services or those, which for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postcard: SARA BELEN LLUCH PENADES, Avda Albaida, 12 – 2 6 46870 Ontinyent (Valencia)
Telephone: 685 567 820
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict. Link to the ODR platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES.
5. FORCE MAJEURE
The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation will be delayed until the termination of the force majeure case.
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, the validity, legality and compliance of the rest will not be affected in any way, nor will they undergo modification in any way.The USER declares to have read, to know and to accept the present General Conditions in all its extension
7. GENERAL OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SARA BELEN LLUCH PENADES or stipulated herein shall take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of providing the services offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each service include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Before making the purchase you can check online all the details of the budget: services, quantities, price, availability, expenses, charges, discounts, taxes and the Total purchase. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that he has informed at the time of placing the order. This invoice will be sent together with the service purchased to the email address provided by the USER.
For any information about the order, the USER can contact through the customer service telephone number of the PROVIDER 685 567 820 or via email to the address email@example.com.
9. TRANSPORTATION EXPENSES
There are no transport costs.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
• Wire transfer.
• Credit card
11. PURCHASE PROCESS
Basket (simulation of budget)
Any service in our catalog can be added to the basket. In this, only services, quantity, price and total amount will be observed. Once the basket is stored, taxes, charges and discounts will be calculated.
The baskets have no administrative ties, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can make a budget following the 3 steps necessary for proper formalization:
1. – Checking the billing information.
2. – Checking the shipping address.
3. – Selection of the payment method.
4. – Place the order (buy).
Once the budget is processed, the system instantly sends an email to the PROVIDER’s management department.
Orders (purchase requests)
In a maximum of 24 hours, in working days, an email will be sent confirming the status of the order and the shipping date.
12. APPLICABLE GUARANTEES
All the services offered through the website have a guarantee period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the Law General for the Defense of consumers and users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:
I) Conformity of the services with the contract
1. Unless proven otherwise, it shall be understood that the services are in accordance with the contract provided that they meet all the requirements set forth below, unless any of them is not applicable due to the circumstances of the case:
a) Conform to the description made by SARA BELEN LLUCH PENADES.
b) They are suitable for the uses to which services of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has informed SARA BELEN LLUCH PENADES at the time of the conclusion of the contract, provided that he has admitted that the service is suitable for this use.
d) Present the usual quality and performance of a service of the same type that the customer can fundamentally expect, given the nature of the service and, where appropriate, the descriptions about the specific characteristics of the services made by SARA BELEN LLUCH PENADES .
e) SARA BELEN LLUCH PENADES describes the details, characteristics and photographs of the services provided by the producer thereof, so that you are not bound by these public statements.
2. The lack of conformity resulting from an incorrect provision of the service will be equated with the lack of conformity of the service when the benefit is included in the service contract and has been made by SARA BELEN LLUCH PENADES or under its responsibility, or by the USER when the defective service is due to an error in the instructions established therein.
3. Responsibility for breaches of conformity that the USER knows or could not ignore at the time of the conclusion of the contract or that originate in services provided by the USER will not proceed.
II) Responsibility of the PROVIDER
SARA BELEN LLUCH PENADES will respond to the USER of any lack of conformity that exists at the time of delivery of the service. SARA BELEN LLUCH PENADES recognizes the USER the right to repair the service, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of services
1. If the service is not in accordance with the contract, the USER may choose to demand repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER informs SARA BELEN LLUCH PENADES of the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of sanitation that imposes on SARA BELEN LLUCH PENADES costs that, in comparison with the other form of sanitation, are not reasonable, considering the value that the service would have if there were no lack of conformity, the relevance will be considered disproportionate of the lack of conformity and if the form of alternative sanitation could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the service
The repair and replacement will conform to the following rules: a) They will be free for the USER. B) They will be carried out in a reasonable time and without major inconvenience for the user, taking into account the nature of the services and the purpose that they had for the USER.
c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will begin after the USER informs SARA BELEN LLUCH PENADES and will conclude with the delivery to the USER of the service already repaired. During the six months following the delivery of the repaired service, SARA BELEN LLUCH PENADES will respond to the breaches of conformity that caused the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the service.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new service. The second paragraph of Article VII shall apply to the substitute service in any case.
e) If the repair is completed and the service is delivered, it is still not in accordance with the contract, the USER may require the replacement thereof, within the limits established in section 2 of Article IV, or the reduction of the price or resolution of the contract under the terms of article V.
f) If the replacement fails to bring the service into conformity with the contract, the USER may require the repair thereof, within the limits established in section 2 of Article IV, or the reduction of the price or termination of the contract in the terms of articles V and VI.
V) Price reduction and contract termination
The price reduction and the termination of the contract will proceed, at the option of the USER, when the latter cannot demand the repair or replacement of the service and in the cases in which these have not been carried out in a reasonable time or without major inconveniences for the USERNAME. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
1. SARA BELEN LLUCH PENADES responds to any breaches of conformity that are manifested within two years of delivery.
Unless proven otherwise, it will be presumed that the breaches of conformity manifested in the six months after delivery already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the nature of the lack of conformity .
2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years after the delivery of the service.
4. The USER must inform SARA BELEN LLUCH PENADES of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden, contact SARA BELEN LLUCH PENADES for lack of conformity of the services with the contract for the provision of services, you can directly claim the producer in order to obtain the replacement or repair of the service.
In general, and notwithstanding that the producer’s responsibility ceases, within the same terms and conditions as those established for SARA BELEN LLUCH PENADES, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the regulations that regulate them.
It is understood by producer, the person in charge of a service or the importer of the same in the territory of the European Union or to any person who appears as such when indicating in the service his name, brand or other distinctive sign.
Who has responded to the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the services subject to these Conditions of the courts and tribunals of the USER’s domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Courts closest to the population of Ontinyent (Spain).