GENERAL CONTRACTING CONDITIONS
This contractual document will govern the General Conditions for contracting products or services (from now on, "Conditions") through the website asalvo.com/shop/es, owned by Estar Asalvo, S.L., from now on, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER
Has read, understands and understands what is stated here.
Is a person with sufficient capacity to contract.
Assumes all 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 affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is Estar Asalvo, S.L., with registered office at P.I. Hacienda Dolores, C/ Dos, Nave 2, - 4100 Alcalá de Guadaira (Seville), NIF B91234286 and with customer/user service telephone number 955631407.
On the other hand, the USER, registered in the web site by means of a user name and password, over which he 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 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 online contracting 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 a non-authorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is informed 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. Order delivery.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACT 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 DELIVERY
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
The shipments of goods will usually be made by EXPRESS MESSAGE (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Failure to execute the contract at a distance
Dates or delivery periods shall be understood to be approximate, and delay shall not constitute a material breach.If the PROVIDER has not delivered the goods, after 30 days from the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER with respect to the return of the total amount, the USER will be able to demand that it be paid twice the amount owed, without prejudice to its right to be compensated for the damages suffered in excess of said amount.
The delivery time is usually between 2 and 5 working days, depending on the destination and the chosen method of payment. 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 delivery.
In case the hiring does not involve the physical delivery of any product, but an activation of some services, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure to be followed to make this download.
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). Unless the return is due to a defect in the product, the costs related to shipping will be assumed by the USER. The product must be returned in its original packaging and in perfect condition and, in the case of the provision of a service, from the same day of activation and/or downloading of the product.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not presented 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, being prohibited the use of seals and adhesive tapes applied directly to the product.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal or unsealed by the USER after its physical delivery.
5. When they are personalized products or those that, for reasons of hygiene or other legal exceptions provided for in Article 103 of Law 3/2014 of 27 March.
6. In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
7. In the supply of products made according to the specifications of the USER or clearly personalized.
8. In the supply of products that may deteriorate or expire quickly.
All returns must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by e-mail 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 delivery letter, with the transport costs at his charge, at the address of Estar Asalvo, S.L., P.I. Hacienda Dolores, C/ Dos, Nave 2, - 4100 Alcalá de Guadaira (Seville).
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: Estar Asalvo, S.L., P.I. Hacienda Dolores, C/ Dos, Nave 2, - 4100 Alcalá de Guadaira (Sevilla)
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 law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This organism is neutral and will dialogue with both parties to reach an agreement, being able finally to 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 fault 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 were 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, known and accepted these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
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 Estar Asalvo, S.L. or to what is stipulated here, will have effect, 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 case that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERMS 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.
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: articles, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not there is availability of products.
Every payment made to the PROVIDER implies the emission of an invoice in the name of the registered USER or of the company name that the latter has informed at the moment of placing the order. This invoice will be sent together with the purchased product, as well as in PDF format to the e-mail address provided by the USER.
For any information about the order, the USER can contact through the PROVIDER's customer service phone number 955631407 or via e-mail to firstname.lastname@example.org.
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation or downloading, or additional services, unless otherwise agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or estimate, since they are calculated by the weight of the products and by the delivery address.
The maximum transport rate applied is as follows:
Peninsula and Balearic Islands: 7 € per package;
Peninsula and Balearic Islands > 150 €: free;
Portugal and France: 12 € per package;
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
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 access control authentication.
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 the goodwill of the same or influence them in a negative way.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder of the card(s).
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 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 delivery address.
3. - Selection of the payment method.
4. - Placing the order (buying).
Once the order is processed, the system instantly sends an e-mail to the management department of the PROVIDER and another to the mail of the USER confirming the order.
Orders (purchase requests)
Within 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 date of shipment and/or delivery.
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 offered products will respond to the following articles based on the Law 23/2003, of July 10, of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
Unless proved otherwise, the products shall be considered to be in conformity with 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 and qualities expressed by Estar Asalvo, S.L..
b) They are suitable for the uses to which the products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has made it known to Estar Asalvo, S.L. at the time of the conclusion of the contract, provided that he has admitted that the product is suitable for this use.
d) They present the quality and habitual benefits of a product of the same type that the client can wait for, bearing in mind the nature of this one and, in his case, of the descriptions on the concrete characteristics of the products done by Estar Asalvo, S.L.
e) Estar Asalvo, S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so that it is not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale and has been carried out by Estar Asalvo, S.L. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. There will be no responsibility for any lack of conformity that the USER knows about or could not have been unaware of at the time the contract was signed or that has its origin in materials supplied by the USER.
II) Responsibility of the PROVIDER and rights of the USER
Estar Asalvo, S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Estar Asalvo, S.L. recognizes the right of the USER to repair the product, to replace it, to reduce 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 null and void.
III) Repair and replacement of the products
If the product does not conform to the contract, the USER may choose to demand the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER informs Estar Asalvo, 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 in which the repair or replacement fails to bring the product into conformity with the contract.
Any form of repair that imposes costs on Estar Asalvo, S.L. that are not reasonable in comparison to the other form of repair 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 repair could be carried out without major inconvenience to the USER.
IV) Rules for repair or replacement of the product
Repair and replacement shall conform to the following rules:
a) They will be free of charge for the USER. This free of charge will include the necessary expenses made 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 period of 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 repair suspends the calculation of the periods referred to in Article VII. The period of suspension will begin from the moment the USER makes the product available to Estar Asalvo, S.L. and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, Estar Asalvo, S.L. will be responsible for the lack of conformity that caused the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) 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 shall apply to the replacement product in any case.
e) If, once the repair has been completed and the product has been delivered, it still does not comply with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the cancellation of the contract under the terms of Article V.
f) If the replacement does not bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits established in paragraph 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 reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter 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 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 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 conformity with the contract, and the value that the product actually delivered had at the time of delivery.
1. Estar Asalvo, S.L. is responsible for any lack of conformity that may arise within two years of delivery. In the second hand products, Estar Asalvo, S.L. and the USER will be able to agree a minor term, which will not be able to be inferior to one year from the delivery.
Unless proved otherwise, it will be presumed that the lack of conformity that becomes apparent within six months of 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.
In the absence of proof to the contrary, 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 provisions of the preceding articles prescribes three years from delivery of the product.
4. The USER must inform Estar Asalvo, 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 USER's communication has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or it supposes him an excessive load to approach Estar Asalvo, S.L. for lack of conformity of the products with the contract of sale, it will be able to claim directly to the producer with the purpose of obtaining the substitution or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Estar Asalvo, S.L., the producer will respond 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 shall 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 remedial action is completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law 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 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 Alcalá de Guadaira (Spain).