GENERAL PURCHASING CONDITIONS
This contractual document will govern the contracting of products and services through the web site www.la-pastora.com, property of LUIS SÁNCHEZ GARCÍA E HIJAS, S.L., from now on PROVIDER.
The acceptance of this document implies that the USER:
– Has read, understands and understands what is exposed here.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all the contracts made through the PROVIDER’s web site.
The PROVIDER informs that the commerce is responsible and knows the current legislation of the countries to which it sends the products, 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 LUIS SÁNCHEZ GARCÍA E HIJAS, S.L., with registered office at Camino Viejo de Fortuna 49, 30110 Cabezo de Torres, Murcia, NIF B30514236 and customer service / USER phone number 968307795.
On the other hand, the USER, registered in the website by means of a user name and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
OBJECT OF THE CONTRACT
The present contract has the purpose of regulating the contractual relationship of sale and purchase born between the PROVIDER and the USER at the moment in which the latter accepts during the process of contracting online the corresponding box.
The contractual relationship of purchase-sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
The USER will select a user name and a password, committing himself to make a diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or the possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Transport costs.
10. Method of payment, charges and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ORDER SUBMISSION
The PROVIDER will not send any order until it has checked that the payment has been made.
The shipments of goods will usually be made by ordinary courier, according to the destination freely designated by the USER.
Delivery dates or periods will be understood to be approximate, and the delay will not constitute a fundamental breach.
The delivery time is usually between 5 and 7 working days, depending on the destination and the method of payment chosen. This term is understood as long as the availability of the goods has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered to have taken place when the carrier has made the products available to the USER and the USER, or the USER’s delegate, has signed the document of receipt of the delivery.
It is the responsibility of the USER to verify the products upon receipt and to expose all the reservations and claims that may be justified in the document of receipt of the delivery.
Although the sale of products will be made to any interested user or customer, the PROVIDER will only make deliveries within mainland Spain and the Balearic Islands. In case a user wants to proceed with the purchase from other territories, he/she must contact email@example.com in order to coordinate the delivery and accept the specific conditions of the shipment.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim possible defects or faults in the product or service, both online and offline.
The USER has a period of fourteen calendar days, counting from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of 27 March). The product must be returned in its original packaging and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not in perfect condition.
2. If the product packaging 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. The use of seals and adhesive tapes applied directly to the product is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. When they are personalised products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014 of 27 March, such as the supply of goods that may deteriorate or expire quickly. and the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, among others.
All returns must be communicated to the PROVIDER, by e-mail to firstname.lastname@example.org , indicating the invoice or order number.
Once the USER has communicated the return to the PROVIDER, he will send the product to the PROVIDER, at the address of. LUIS SÁNCHEZ GARCÍA E HIJAS, S L., Camino Viejo de Fortuna 49, 30110 Cabezo de Torres, Murcia.
We have a model withdrawal form at your disposal in case you consider it necessary, you can request it by sending an e-mail to email@example.com.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: LUIS SÁNCHEZ GARCÍA E HIJAS, S.L., Camino Viejo de Fortuna 49, 30110 Cabezo de Torres, Murcia Telephone: 968307795
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 disputes between the USER and the PROVIDER, without the need to resort to the courts of law, 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: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered void 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, understood and accepted these General Conditions in their entirety. The prices applicable to each product are those published on the website and are expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Any payment made to the PROVIDER implies the issue of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product to the e-mail address provided by the USER.
For any information about the order, the USER can contact the PROVIDER’s customer service phone number 968307795 or via e-mail to firstname.lastname@example.org.
7. OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. or to what is stipulated herein, will be effective, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until the value of the products offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
9. TRANSPORT CHARGES
Prices do not include shipping or communication costs, installation costs or additional services, unless otherwise agreed in writing.
Shipping costs will be calculated at the time of saving the basket or estimate, as they are calculated by the weight of the products.
The shipment of the products is made through the services of the commercial General Logistics Systems Spain S.A. (in Adelante GLS) according to the following reference table of prices:
|COSTE DE TRANSPORTE GLS (TARIFA PLANA SÓLO PENÍNSULA). Máximo 15 kg por bulto||HASTA — KG||EUROS|
Los gastos de envío/transporte señalados no incluyen el I.V.A ni otros impuestos que pudieran generarse.
En caso de que un usuario quiera proceder a la compra desde otros territorios distintos a España peninsular e Islas Baleares, debe de ponerse en contacto por mail email@example.com a fin de coordinar la entrega y aceptar las condiciones específicas del envío.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
1) By credit card. Through this means of payment, the customer will have to provide his/her card number, the expiration date and his/her CVV number. To guarantee its confidentiality, the data will be encrypted and transferred using a security protocol, SSL (Secure Sockets Layer) under a secure server to the bank’s virtual TPV. Under no circumstances will the card number be given to LUIS SÁNCHEZ GARCÍA E HIJAS, S. L.
Payment methods that will be accepted are by VISA and MasterCard,
11. SHOPPING CART PROCESS (BUDGET SIMULATION)
Any product from our catalogue can be added to the basket. In this one, only the articles, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and delivery data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can make an order following the following steps for its correct formalization:
1) Checking the invoicing data.
2) Checking the shipping address.
3) Select the payment method.
4) Place the order (buy).
Once the order is processed, the system instantly sends an e-mail to the management department of the PROVIDER.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to confirm the status of the order.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise stated in their description. They all have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proved otherwise, the goods shall be deemed to conform to the contract provided that they meet all the requirements set out below, unless the circumstances of the case make this inapplicable:
a) They comply with the description made by LUIS SÁNCHEZ GARCÍA E HIJAS, S.L.
(b) are suitable for the uses to which goods of the same type are normally put
c) Are suitable for any special use required by the client when he has made this known to LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. at the time of concluding the contract, provided that he has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the client can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by LUIS SÁNCHEZ GARCÍA E HIJAS, S.L.
2. No liability shall arise from any lack of conformity which the USER is aware of or could not have been unaware of at the time of conclusion of the contract or which originates from materials supplied by the USER.
II) Responsibility of the PROVIDER
LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. acknowledges the USER’S right to replacement, price reduction and termination of the contract.
III) Replacement of products
1. If the product does not conform to the contract, the USER may demand its replacement, unless this option is impossible or disproportionate. From the moment the USER informs LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases where the replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes on LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. costs that, in comparison with the other form of remedy, are not reasonable shall be considered disproportionate, 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 carried out without major inconvenience to the USER.
IV) Rules for product replacement
The replacement shall comply with the following rules:
a) They will be free of charge for the USER. This free of charge will include the necessary expenses incurred to correct the non-conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconvenience for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII will be applicable to the substituted product in any case.
d) If the substitution fails to bring the product into conformity with the contract, the USER may demand reduction of the price or termination of the contract under the terms of Articles V and VI.
e) The USER may not demand replacement in the case of non-expendable products.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction shall be in proportion to the difference between the value the product would have had at the time of delivery if it had been in conformity with the contract, and the value the product actually delivered had at the time of delivery.
VII) Time limits
1. LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. is responsible for any lack of conformity that may arise within two years of delivery.
Unless proved otherwise, non-conformities which become apparent within six months of delivery shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the non-conformity.
Unless proved otherwise, delivery shall be deemed to have taken place on the date shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the above articles prescribes three years from the delivery of the product.
4. The USER must inform LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. of the lack of conformity within two months of becoming aware of it.
Unless there is proof to the contrary, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
When it is impossible or excessively burdensome for the USER to contact LUIS SÁNCHEZ GARCÍA E HIJAS, S.L. because the products do not comply with the sales contract, the USER may claim directly from the producer in order to obtain a replacement product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, within the same time limits and conditions as those established for LUIS SÁNCHEZ GARCÍA E HIJAS, S.L., the producer will be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The producer is understood to be the manufacturer of a product or the importer thereof into the territory of the European Union, or any person who presents himself as such by indicating his name, trademark or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to repeat the responsibility for the lack of conformity. This period shall be calculated from the time when the remedy is completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law insofar as it is 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 subject to these Conditions.
In case the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce to any other forum, submitting themselves to the Courts and Tribunals closest to the town of Cabezo de Torres-Murcia (Spain).