General contracting conditions
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This document establishes the general conditions of the contractual relationship that is aimed at the sale of products offered from this website, and which is owned and owned by DAEDO SL, (hereinafter, "DAEDO") with address at C / Botánica, 116 (nave) CP: 08908 - L'Hospitalet de Llobregat (Barcelona), registered in the Mercantile Registry of Barcelona, volume 10.021, book 460, folio 140, section 3 and sheet no. 8,323, with CIF: B-58807389, and the physical and/or legal persons (hereinafter, "CONTRACTING PARTY") who express the will to buy said products through the request made via the Internet through that website.
These user requests constitute the particular conditions to which these general conditions are associated, which the CONTRACTOR must necessarily accept electronically prior to the purchase of the product. These conditions are exposed to the CONTRACTING PARTY through this website so that they can read, print, archive, and accept them. These general conditions together with the request for specific products made by the CONTRACTING PARTY imply the formalization of the sale contract between the SERVICE PROVIDER and the CONTRACTING PARTY who claims to have read, understood and accepted these conditions. The CONTRACTING PARTY may always consult these general conditions through this website.
FIRST.- PURPOSE OF THE CONTRACT.-
By these General Conditions, the SERVICE PROVIDER undertakes to deliver to the CONTRACTOR the products that he has requested through the Website in exchange for a certain price.
By purchasing the products available on this website, the CONTRACTOR declares that:
a) That he is a person of legal age and with the capacity to contract.
b) That you have read, understood, and accept these General Contracting Conditions.
SECOND. -ALTERATION OF THE GENERAL CONDITIONS.-
The SERVICE PROVIDER reserves the right to modify these General Conditions at any time, without the need to previously notify the CONTRACTING PARTY, who is in any case responsible for reviewing them as a prerequisite to the acquisition of any product available through this Web page. In any case, the General Conditions that were exposed on the website at the time that the CONTRACTOR purchases the corresponding products will be considered valid and applicable.
THIRD.- RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER.-
3.1. Product delivery.- THE SERVICE PROVIDER agrees to deliver the product in perfect condition to the address that the CONTRACTING PARTY indicates in the order form where the particular conditions that are attached to these General Conditions are stated. The SERVICE PROVIDER will not be responsible for the errors caused in the delivery when the data entered by the CONTRACTING PARTY in the order form do not conform to reality or have been omitted. The approximate delivery time for each product is indicated on the product sheet, in no case exceeding the 15-day period (for deliveries within the national and international territory).
In case of unavailability of the requested product, the SERVICE PROVIDER will inform the CONTRACTING PARTY of this fact and the expected delay will be communicated by email or on the telephone number provided by the CONTRACTING PARTY. Then the SERVICE PROVIDER may give the CONTRACTING PARTY the option to cancel his order or buy an alternative item that may have been offered to him. In case of no response, it will be understood that the CONTRACTING PARTY wishes to wait for the given term. In case of inability to supply the requested product, either due to lack of supply from the service provider's suppliers or for any other reason, the CONTRACTING PARTY will also be informed of this fact and their order will be canceled without any penalty, The SERVICE PROVIDER commits to the full refund of the amount of his purchase within a maximum period of 15 days, except for special conditions identified, where appropriate, in the product sheet itself.
3.2. Responsibility of the SERVICE PROVIDER. Inany caseit will be responsible in relation to:
3.2.1. Errors, delays in access by the CONTRACTING PARTY when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, unforeseen circumstances or force majeure and any other unforeseeable contingency unrelated to the good faith of the company. In any case, the SERVICE PROVIDER undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTING PARTY to reach a quick and satisfactory solution to the incident.
3.2.2. Of the errors or damages produced by the inefficient use of the service and in bad faith on the part of the CONTRACTING PARTY.
3.2.3. Of the non-operation or problems in the email address provided by the CONTRACTING PARTY to send the order confirmation.
3.3.1. The SERVICE PROVIDER guarantees that all the Products available for sale on the website, comply with international and community standards applicable to product safety.
Without prejudice to the aforementioned, due to the condition of intermediary of the SERVICE PROVIDER, the guarantee that covers the Product delivered to the CONTRACTOR is one year, counting from the moment the good is delivered to the CONTRACTOR or to a third party established by him. The intervention of the SERVICE PROVIDER is limited only to the processing before the supplier for the replacement of the Product as long as the guarantee of the same provides for such measure.
3.3.2. The guarantee applies as long as the Product delivered to the CONTRACTING PARTY is used under normal conditions of use, such as those described in the Product Sheet and the catalogs made available to the CONTRACTING PARTY. In no case is it guaranteed that the Product supplied is suitable to respond to a particular problem of the end-user.
3.3.3 THE SERVICE PROVIDER is not obliged to indemnify the CONTRACTING PARTY or third parties for the consequences of the use of the Product, whether direct or indirect damages, accidents suffered by people, damage to property other than the Product, loss of profit or loss of profit. , damages that come from or that come from deterioration, or loss of data recorded by the end-user.
3.3.4. The CONTRACTING PARTY has the right to withdraw from this contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days from the day the CONTRACTOR or a third party indicated by him, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, the CONTRACTING PARTY must notify the SERVICE PROVIDER of its decision to withdraw from the Contract through an unequivocal statement, for example, a letter sent by postal mail to C / Botánica, 116 (nave) CP: 08908 - L'Hospitalet de Llobregat (Barcelona) or an email to firstname.lastname@example.org.
The SERVICE PROVIDER will notify you without delay in a durable medium (for example, by email) of the receipt of said withdrawal.
To comply with the withdrawal period, it is sufficient that the communication regarding the CONTRACTOR's exercise of this right is sent before the corresponding period expires.
Consequences of withdrawal:
In case of withdrawal by the CONTRACTING PARTY, all payments made will be returned, including delivery costs (with the exception of additional costs resulting from your choice of a different delivery method than the least expensive delivery method. that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this Contract. The SERVICE PROVIDER will proceed to make said refund using the same means of payment used by the CONTRACTING PARTY for the initial transaction unless the CONTRACTING PARTY has expressly provided otherwise; in any case, the SERVICE PROVIDER will not incur any expenses as a result of the refund.
The CONTRACTING PARTY must return or deliver the goods directly to the SERVICE PROVIDER, without any undue delay and, in any case, no later than 14 calendar days from the date on which the SERVICE PROVIDER is informed of his decision to withdraw. of the contract. The term will be considered fulfilled if the CONTRACTING PARTY returns the goods before the said term has expired.
The SERVICE PROVIDER will retain the refund of the payments made until the goods have been received, or until the CONTRACTING PARTY has presented proof of their return, depending on which condition is met first.
The CONTRACTING PARTY shall bear the direct cost of returning the goods.
Only the CONTRACTOR will be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics, and operation of the goods.
The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to the same as the fixed legislation itself. By way of example and not exhaustively, this right may not be exercised in relation to goods that, by their nature, cannot be returned or may deteriorate or expire quickly, expressly including, products that have been personalized at the request of the consumer as well as those susceptible to copying and that have been unsealed by the CONTRACTING PARTY.
3.3.5. The shipping costs to our warehouse for defective products within the warranty period are borne by the SERVICE PROVIDER, as well as the cost of returning the product to the CONTRACTOR's address.
FOURTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY.-
4.1. Payment.- The CONTRACTING PARTY agrees to pay in advance the amount for the Product actually requested in the following amount and form:
4.1.1. Amount.- The remuneration for the Product actually requested by the CONTRACTING PARTY will be the one indicated on the Web page and the one that appears in the specific request of the CONTRACTING PARTY at any time, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website include VAT, the amount of which will be calculated at the time of placing the order, as appropriate.
At the price listed on the website for each of the products offered, the relevant shipping costs must be added. The SERVICE PROVIDER is obliged to always inform the CONTRACTING PARTY of the cost of shipping costs before formalizing the purchase itself and in the confirmation email.
4.1.2. Payment methods.- The CONTRACTING PARTY must pay the amount corresponding to their order by:
- Credit card: by entering your data in the existing virtual POS on the website. By accepting this means of payment, the CONTRACTING PARTY confirms that they are authorized to use the card used for this purpose, being the holder thereof. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
Paypal: for which the CONTRACTOR declares to have an active account with these payment service provider, accepting the conditions of this service.
Bank transfer: for which the CONTRACTING PARTY must send an email to (indicate) request it expressly.
Cash on delivery: the CONTRACTING PARTY may pay for the product purchased upon receipt at the place of delivery designated in the purchase process.
4.1.3. VAT will always be paid by the CONTRACTING PARTY (21% for national orders except for the Canary Islands, Ceuta and Melilla, and international orders within the European Union). For orders to the Canary Islands, Ceuta, Melilla, and any other country outside the EU, the CONTRACTING PARTY will be responsible for import VAT, tariffs, and customs clearance.
4.2. CONTRACTOR's responsibility.- In any case, it will be the CONTRACTOR's responsibility:
4.2.1. The CONTRACTOR assumes all risks of deterioration, impairment, damage, and loss of the Products from the moment they have been made available to him by the third party who, on behalf of SERVICE PROVIDER, performs the delivery of the requested products.
4.2.2. The CONTRACTOR undertakes to check the good condition of the Product before the third party who, on behalf of the SERVICE PROVIDER, delivers the requested Product, indicating at that moment any anomaly that it may be detect in the packaging.
If, after reviewing the content, the CONTRACTING PARTY detects any incident such as blow, breakage, or any damage caused by the shipment, the latter agrees to notify the SERVICE PROVIDER within a period not exceeding 24 hours after receipt of the product.
5.1.- THE SERVICE PROVIDER will in no case be responsible for:
5.1.1.- Failures and incidents that may occur in communications, deletion, or incomplete transmissions so that it is not guaranteed that the website services are constantly operational.
5.1.2.- From the production of any type of damage that the CONTRACTING PARTY or third parties may cause on the website.
5.2.- THE SERVICE PROVIDER reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the assurance of effective liability for any damages that may occur.
Likewise, the SERVICE PROVIDER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
SIXTH.- COPYRIGHT AND TRADEMARK.-
The SERVICE PROVIDER informs that its own content, programming and web page design are fully protected by copyright, all reproduction, communication, distribution, and transformation of the aforementioned protected elements is expressly prohibited except with the express consent of the PROVIDER. FROM SERVICE. The brands of the products that the SERVICE PROVIDER sells through the website belong to their legitimate owners. The SERVICE PROVIDER may establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included, may request at any time the removal of the aforementioned references.
SEVENTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. For the determination of the place of celebration of the sale to which the present General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and e-commerce.
EIGHTH.- NULLITY OF CLAUSES.-
In case that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. The SERVICE PROVIDER may not practice any of the rights and faculties conferred in this document, which shall not imply in any case the waiver thereof unless expressly acknowledged by the SERVICE PROVIDER.