GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of products and services through the website www.charmaleon.es, property of CHARMALEON IDEAS, S.L. henceforth PROVIDER.
The acceptance of this document implies that the USER:
has read, understood and agreed with this text.
He is a person with sufficient capacity to contract.
These conditions will have an indefinite validity period and will be applicable to all the hirings made through the web site of the PROVIDER.
The PROVIDER informs that the trade 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 CHARMALEON IDEAS SL, with registered office CALLE GARCICER, 6 - - VALVERDE 38900 (SANTA CRUZ DE TENERIFE), NIF B76737683 and with customer service phone number / USER +34 662 476 298.
And on the other hand, the USER, registered on the website through a username and password or not registered, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose 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 when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, committing 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 the same or of the possible access by an unauthorized third party, so that it proceeds to the immediate blockade.
Once the user account has been created, it is informed that in accordance with what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
CALLE GARCICER, 6 - - VALVERDE 38900 (SANTA CRUZ DE TENERIFE)
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure
7. General aspects of the offer.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Form 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, the execution of an order to 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 PROVIDER.
2. DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made. Shipments of goods will usually be made through MESSAGING according to the destination freely designated by the USER.
The delivery dates or deadlines will be considered approximate, not constituting the delay essential breach. In the event that the LENDER had not delivered the goods after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without derives no responsibility for damages and losses attributable to the PROVIDER.
The delivery period is usually between 2 and 5 working days, depending on the destination population and the payment method 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 does not occur, because the data provided by the USER, false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has put the products at the disposal of the USER and the latter, or the delegate of the latter, has signed the document of reception of the delivery.
It is up to the USER to verify the products upon receipt and expose all the reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will inform the USER beforehand about the procedure to be followed to make this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to return and / or claim possible defects or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of reception of the product, for the return of the same (article 71 of Law 3/2014 of March 27). Unless the return is made for defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal can not be applied in the following cases:
If the product does not appear in perfect condition.
If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being forbidden the use of seals and adhesive tapes applied directly on it.
When the product is open without being able to prove that it has not been used.
In software applications that are directly downloaded through the portal.
When they are personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
Any return must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form enabled for it, or by email to firstname.lastname@example.org, indicating the invoice or order number.
Once the USER has received the RMA number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation expenses at his charge, at the address of CHARMALEON
CALLE GARCICER, 6 - - VALVERDE 38900 (SANTA CRUZ DE TENERIFE)
Any claim that the USER considers opportune will be attended in the shortest possible time, being able to realize in the following directions of contact:
CALLE GARCICER, 6 - - VALVERDE 38900 (SANTA CRUZ DE TENERIFE)
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, 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 will not incur any responsibility for any fault due to a major cause. The fulfillment of the obligation will 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, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer any modification in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
7. GENERAL OF THE OFFER
All sales and deliveries made by the PROVIDER will be deemed subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CHARMALEON or here stipulated shall have 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 products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND DEADLINE OF VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product 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 products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or of the company name that he / she has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER can contact through the customer service telephone of the PROVIDER 662476298 or via email to the address email@example.com.
9. TRANSPORTATION COSTS
The prices do not include shipping or communication costs, or installation, or supplementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the moment of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- Wire transfer.
- Cash on delivery, only in Spain.
- Credit card.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog 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 is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment by both parties.
From the basket an order can be made following the following steps for its correct formalization:
- Checking the billing information.
- Checking the shipping address.
- Selection of the payment method.
- Place the order (buy).
Once the order is processed, the system instantly sends an email to the management department of the PROVIDER.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent confirming the status of the order and the date of shipment.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in its description. All have a guarantee period of two years, according to the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of consumers and users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the offered products will respond to the following articles based on Law 23/2003 of July 10 of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:
a) They conform to the description made by CHARMALEON.
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has informed CHARMALEON at the time of conclusion of the contract, provided that he has admitted that the product is suitable for this use.
d) Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by CHARMALEON.
e) CHARMALEON describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from incorrect 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 CHARMALEON or under its responsibility, or by the USER when the Faulty installation is due to an error in the installation instructions.
3. The responsibility for non-conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that originate in materials provided by the USER, will not proceed.
II) LENDER's responsibility
CHARMALEON will respond to the USER for any lack of conformity that exists at the time of delivery of the product. CHARMALEON recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose between requiring repair or replacement, unless one of these options is impossible or disproportionate. From the moment that the USER communicates to CHARMALEON the option chosen, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for the cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of sanitation that imposes on CHARMALEON costs that, compared to the other form of sanitation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the fault, will be considered disproportionate. of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
The repair and replacement will comply with the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of 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 period and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the terms referred to in article VII. The period of suspension will start from when the USER puts the product at CHARMALEON's disposal and will conclude with the delivery to the USER of the product already repaired. During the six months after the delivery of the repaired product, CHARMALEON will respond for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the substitute product, in any case.
e) If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may demand the replacement thereof, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract under the terms of article V.
f) If the substitution fails to bring the product into conformity with the contract, the USER may demand the repair thereof, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI.
g) The USER can not demand substitution in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract resolution
The reduction of the price and the termination of the contract shall proceed, at the choice of the USER, when the latter can not demand repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
1. CHARMALEON responds to the lack of conformity that manifests itself within two years of delivery. In second-hand products, CHARMALEON and the USER may agree on a shorter term, which may not be less than one year after delivery. Unless proven otherwise, it will be presumed that the non-conformity manifests in the six months after the delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product 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 from the delivery of the product.
4. The USER must inform CHARMALEON of the lack of conformity within two months of having knowledge of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established term.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden to contact CHARMALEON for lack of conformity of the products with the contract of sale may claim directly to the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the producer's liability to cease, under the same terms and conditions as those established for CHARMALEON, the producer shall be liable for the lack of conformity when it relates to the origin, identity or suitability of the products, according to its nature and purpose and the rules that regulate them.
Producer, manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such when indicating in the product his name, trademark or other distinctive sign.
Anyone who has responded to the USER, will have a one-year period to repeat the responsibility for the lack of conformity. This term is computed from the moment in which the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in matters that are not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the USER's address.
In the event that the USER has his domicile outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the population of VALVERDE, SANTA CRUZ DE TENERIFE (Spain).