GENERAL CONDITIONS OF CONTRACT
This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the website aceitunasaragon.com, owned by DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON), hereinafter, PROVIDER, whose data of contact are also listed in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of ordering will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
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 contract. Assume 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's website.
The PROVIDER informs that the business 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 previously acquired from the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON), with registered office at C / Montblanc, 8 - 43896 L'aldea (Tarragona), NIF 40916711X and with telephone number of customer / USER service 977 450 150.
And on the other, the USER, registered on the website by means of a username and password, over which they have full responsibility for use and custody, and are 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 relationship of sale created between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or the possible access by an unauthorized third party. , so that it proceeds to immediate blocking.
Once the user account has been created, it is reported that in accordance with what is required by 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. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable warranties.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless specifically 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.
- SHIPPING OF ORDERS
The PROVIDER will not send any order or activate any service until it has verified that the payment has been made.
Merchandise shipments will usually be made by EXPRESS MESSAGING.
Lack of performance of the distance contract
The delivery dates or deadlines shall be understood as approximate, the delay not constituting essential non-compliance. In the event that the PROVIDER has not made the delivery of the merchandise, after 30 days from the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the Refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER arising. .
In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The delivery time is usually between 2 and 5 business days , according to the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise 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 take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his / her delegate, has signed the delivery receipt document.
It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, but rather an activation of some services, these being directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure to be followed to perform this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible vices or defects that the product or service presents, both in online and offline mode.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition and, in the event of provision of a service, from the same day of activation and / or download.
The right of withdrawal may not be applied in the following cases:
- If the product is not presented in perfect condition.
- If the product packaging is not the original one or it 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 on it.
- When the product is open without being able to show that it has not been used.
- In software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.
- When they are personalized products or those that, for hygiene reasons or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.
- In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
- In the supply of products made according to the USER's specifications or clearly personalized.
- In the supply of products that can deteriorate or expire quickly.
All returns must be communicated to the PROVIDER, requesting a return number using the form enabled for it, or by email to email@example.com , indicating the corresponding invoice or order number.
Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense. , at the address of DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON), C / Montblanc, 8 - 43896 L'aldea (Tarragona).
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON), C / Montblanc, 8 - 43896 L'aldea (Tarragona) Telephone: 977450150 Mail: firstname.lastname@example.org
Online dispute resolution ( 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, finally being able to suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties will not incur liability for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation 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 to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
- OFFER OVERVIEW
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) or what is stipulated herein, will have effect, except for an express written agreement signed by the PROVIDER, in this 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 it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
- PRICE AND TERM 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 coin . The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is product availability or not .
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he 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 may contact through the PROVIDER's customer service telephone number 977450150 or via email to the address email@example.com.
- TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, installation or download costs, or complementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget.
The standard transport rate applied is as follows: Peninsula 5.95 € (VAT INCLUDED)
- FORMS OF PAYMENT AND CHARGES
The PROVIDER enables the following ways to pay for an order:
You can make your payments safely through PayPal.
Credit or debit card (Visa, Mastercard and Maestro). Available 1-Click Payment. In this case, we will wait to receive the payment to send your order.
Your credit card details are not recorded in any database, but go directly to the POS (Point of Sale Terminal) of the operating bank .
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user / client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
- PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties.
From the basket you can place an order by following the steps below for its correct formalization:
1.Checking the billing information.
2.Checking the shipping address.
3.Selecting the payment method.
4. Make the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placing of the order.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and / or delivery date .
- APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with 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.
- GUARANTEES AND RETURNS
The guarantee of the products 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 products with the contract
- Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case, any of them is not applicable:
- a) They conform to the description and qualities manifested by DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON).
- b) Are suitable for the uses to which products of the same type are ordinarily intended.
- c) They are suitable for any special use required by the client when he has made it known to DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) at the time 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 client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by DAVID ARAGON SANCHEZ ( OLIVES L. AAGON).
- e) DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that he is not bound by these public statements.
- The lack of conformity that results from an 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 carried out by DAVID ARAGON SANCHEZ (ACEITUNAS L.ARAGON) or under his responsibility, or by the USER when faulty installation is due to an error in the installation instructions.
- Responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that originate from materials supplied by the USER will not proceed.
- II) Responsibility of the PROVIDER and rights of the USER
DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) will respond to the USER for any lack of conformity that exists at the time of delivery of the product. DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) recognizes the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.
In accordance with article 6 of the Civil Code, any prior waiver of the USER's rights or acts carried out in fraud will be void.
III) Repair and replacement of products
- If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) of the chosen option, both parties must abide by. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.
- Any form of sanitation that imposes on DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) 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, will be considered disproportionate. , the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
- IV) Rules for the repair or replacement of the product
Repair and replacement will conform to 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 shipping costs, as well as costs related to labor and materials.
- b) They will be carried out within a reasonable time 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 reparation suspends the calculation of the periods referred to in article VII. The suspension period will begin as soon as the USER places the product at the disposal of DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) and will conclude with the delivery to the USER of the already repaired product. During the six months after delivery of the repaired product, DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) will be liable for the lack of conformity that led to 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 replacement suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
- e) If the repair and delivery of the product is completed and the product is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract in 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 thereof, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.
- g) The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
- V) Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconveniences for the user. The resolution will not proceed when the lack of conformity is of little importance.
- VI) Criteria for the 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 had it been in compliance with the contract, and the value that the product actually delivered had at the time of delivery.
- DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) is responsible for the lack of conformity that is manifested within a period of two years from delivery. For second-hand products, DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after 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. .
- Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
- The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
- The USER must inform LEONARDO ARAGON PAGA (ACEITUNAS ARAGON) of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or an excessive burden to contact DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON) due to 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 fact that the producer's responsibility ceases, in the same terms and conditions as those established for DAVID ARAGON SANCHEZ (ACEITUNAS L. ARAGON), the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer is understood to be the manufacturer of a product or its importer in the territory of the European Union, or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to repeat as responsible for the lack of conformity. This period is computed from the moment the cleanup was completed.
- APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services subject to these Conditions.
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 Tribunals closest to the town of L'aldea (Spain).