This contractual document shall govern the procurement of products and services through the website https://dulceslacartuja.com, owned by DULCES LA CARTUJA DE ALTURA SL, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in 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 purchased 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 DULCES LA CARTUJA DE ALTURA SL, with registered office PARTIDA SANTA MARÍA, S/N - 12410 ALTURA (Castellón), NIF B44516102 and customer service telephone / USER 687966435.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of 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 that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product or service.
The USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies 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 send any order until it has verified that payment has been made. Shipments of goods will usually be made by EXPRESS MAIL (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure to be followed for this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws in the product or service, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original packaging or if it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is unopened and it cannot be proved that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalised products or those which, for reasons of hygiene or other legally stipulated exceptions, are not eligible for this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) using the RMA form provided for this purpose, or by e-mail to [email protected], indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs at his/her expense, to the address of DULCES LA CARTUJA DE ALTURA SL, PARTIDA SANTA MARÍA, S/N - 12410 ALTURA (Castellón).
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: DULCES LA CARTUJA DE ALTURA SL, PARTIDA SANTA MARÍA, S/N - 12410 ALTURA (Castellón)
Mail: [email protected]
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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 be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of DULCES LA CARTUJA DE ALTURA SL or what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 687966435 or by e-mail at [email protected].
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation costs or additional services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum transport tariff applied is as follows:
Mainland Spain up to 2 kg: .......... 8.49€;
Peninsula> 2 Kg up to 10 Kg: .......... 10.02€;
Peninsula> 10 Kg: .......... 28€;
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
- Credit card (Paypal): no discounts or charges will be applied.
11. PURCHASING PROCESS
Basket (budget simulation)
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details 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 place an order by following the steps below for its correct formalisation:
1. - Verification of invoicing data.
2. - Verification of the shipping address.
3. - Selection of the method of payment.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department.
Orders (purchase requests)
An email will be sent within 24 hours, on working days, to confirm the status of the order and the date of dispatch.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. They all have a warranty period of two years, in accordance with 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 Defence of Consumers and Users and other complementary laws.
13. WARRANTIES 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 products with the contract
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless the circumstances of the case do not make any of them applicable:
(a) conform to the description given by DULCES LA CARTUJA DE ALTURA SL.
(b) are fit for the purposes for which products of the same type are normally intended.
c) Are suitable for any special use required by the customer when it has been brought to the attention of DULCES LA CARTUJA DE ALTURA SL at the time of conclusion of the contract, provided that it 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 customer can reasonably expect, given the nature of this and, where appropriate, the descriptions of the specific characteristics of the products made by DULCES LA CARTUJA DE ALTURA SL.
e) DULCES LA CARTUJA DE ALTURA SL describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so it is not bound by these public statements.
2. The lack of conformity resulting from improper installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been made by DULCES LA CARTUJA DE ALTURA SL or under its responsibility, or by the user when the faulty installation is due to an error in the installation instructions.
3. No liability shall be accepted for any lack of conformity which the USER is aware of or could not have been unaware of at the time of concluding the contract or which originates in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
DULCES LA CARTUJA DE ALTURA SL will respond to the user of any lack of conformity that exists at the time of delivery of the product. DULCES LA CARTUJA DE ALTURA SL recognizes the user the right to repair the product, its replacement, the price reduction and termination of the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the user may choose between requiring repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the user communicates to DULCES LA CARTUJA DE ALTURA SL the option chosen, both parties must comply. This decision of the
USER is without prejudice to the provisions of Article IV below for cases where repair or replacement fails to bring the product into conformity with the contract.
2. It will be considered disproportionate any form of remedy that imposes on DULCES LA CARTUJA DE ALTURA SL costs that, compared to the other form of remedy, are not reasonable, taking into account the value that would have the product 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 USER.
IV) Rules for the repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the USER.
This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The suspension period will begin from the time the user makes the product available to DULCES LA CARTUJA DE ALTURA SL and will end with the delivery to the user of the repaired product. During the six months after delivery of the repaired product, DULCES LA CARTUJA DE ALTURA SL will respond to the lack of conformity that led to the repair. It is presumed to be the same lack of conformity when the product reproduces defects of the same origin as those initially manifested.
(d) Replacement suspends the time limits referred to in Article VII from the exercise of the option until delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or termination of the contract in accordance with the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits set out in Article IV.2, or a price reduction or termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract shall proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. The termination shall not be applicable when the lack of conformity is of minor importance.
VI) 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 delivery.
1. DULCES LA CARTUJA DE ALTURA SL responds to the lack of conformity that become apparent within two years of delivery. In second-hand products, DULCES LA CARTUJA DE ALTURA SL and the user may agree a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, lack of conformity which becomes apparent within six months of delivery shall be presumed to have existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The statute of limitations for claiming compliance with the provisions of the previous articles expires three years after delivery of the product.
4. The user must inform DULCES LA CARTUJA DE ALTURA SL of the lack of conformity within two months of becoming aware of it.
Unless there is evidence to the contrary, it shall be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER or it is an excessive burden to contact DULCES LA CARTUJA DE ALTURA SL for lack of conformity of the products with the contract of sale, you can claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the liability of the producer ceases, in the same terms and conditions established for DULCES LA CARTUJA DE ALTURA SL, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, according to their nature and purpose and with the standards.
that regulate them.
Producer means the manufacturer of a product or the importer of a product into the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trade mark or other distinctive sign.
The party liable to the USER shall have a period of one year in which to rectify the non-conformity. This period shall run from the time of completion of the remedy.
14. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of ALTURA (Spain).