General Conditions
GENERAL CONTRACT CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the website asalvo.com/shop/es, property of Estar Asalvo, S.L., hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.
These Conditions may be modified at any time. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders 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 means that the USER:
You have read, understand and understand what is stated here.
It is a person with sufficient capacity to hire.
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 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.
And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for 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 born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
Hiring procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data detailed in the Legal Notice and Privacy Policy of this website.
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 notify the PROVIDER of any loss or theft thereof or possible access by an unauthorized third party, so that the PROVIDER proceeds to immediately block them.
Once the user account has been created, you are informed 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 contracting clauses.
2. Shipping of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. 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.
2. SHIPPING OF ORDERS
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
Shipments of merchandise will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Failure to execute the remote contract
Delivery dates or deadlines will be understood as approximate, delay not constituting essential non-compliance. In the event that the PROVIDER has not delivered 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 a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The delivery time in the peninsula and the Balearic Islands is 24 to 48 hours, on business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and 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 or her delegate, has signed the delivery receipt document.
It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, but rather an activation of services, these being directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim any possible defects or defects that the product or service presents, both online and offline.
Period for withdrawal from the delivery of goods: You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. Shipping costs are €10 + VAT on all orders.
All returns must be communicated to the PROVIDER, requesting a return number through the form enabled for this, or by email to info@asalvo.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of Estar Asalvo, S.L., P.I. Hacienda Dolores, C/ Dos, Nave 2, - 4100 Alcalá de Guadaira (Seville).
4. CLAIMS
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postcard: Estar Asalvo, S.L., P.I. Hacienda Dolores, C/ Dos, Nave 2, - 4100 Alcalá de Guadaira (Seville)
Telephone: 955631407
Email: info@asalvo.com
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 them. 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 ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
6. COMPETITION
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 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, know and accept 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 what is stipulated here, will take effect, unless expressly agreed in writing 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 with respect to 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.
8. PRICE AND PERIOD 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 annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in 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 all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent along 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 the PROVIDER's customer service telephone number 955631407 or via email at the address info@asalvo.com.
9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
The maximum transportation rate applied is the following:
Peninsula: 10€ + VAT per package;
Peninsula > €150: free;
Portugal and France: €12 + VAT per package;
Shipments to the Canary Islands, Ceuta, Melilla and outside national territory are not active.
Please note that shipments that are returned to Asalvo by the courier company due to customer negligence or incomplete or erroneous delivery address, they will not be re-shipped until the customer pays the shipping costs corresponding to a new shipment.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to pay for an order:
PayPal
Bizum
credit card
Bank transfer
Security measures
The website uses generally accepted industry information security techniques, 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 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 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 Holder of the card or cards.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.
From the basket you can place an order by following the following steps for its correct formalization:
1. - Checking billing information.
2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Place 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 placement of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of three years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of consumers and users and other complementary laws.
13. 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) Compliance of the products with the contract
1. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
a) They conform to the description and qualities expressed by Estar Asalvo, S.L..
b) They are suitable for the uses to which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the client when it has been brought to the attention of Estar Asalvo, S.L. at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Estar Asalvo, S.L..
e) Estar Asalvo, S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, 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 product when the installation is included in the sales contract 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. Liability will not apply for lack of conformity that the USER knows or could not have ignored at the time of the contract or that originate from 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 USER the right to repair the product, replace it, reduce the price and 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
1. 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 notifies Estar Asalvo, S.L. 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 cases in which the repair or replacement fails to bring the product into compliance with the contract.
2. Any form of sanitation that imposes on Estar Asalvo, S.L. will be considered disproportionate. costs that, in comparison with the other form of correction, are not reasonable, 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 correction could be carried out without major inconveniences for the USER.
IV) Rules for repair or replacement of the product
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 remedy 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 period of 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 deadlines referred to in article VII. The suspension period will begin from the moment the USER makes the product available to Estar Asalvo, S.L. and will conclude with the delivery to the USER of the already repaired product. During the six months following delivery of the repaired product, Estar Asalvo, S.L. will be responsible for the lack of conformity that motivated the repair. It is presumed that this 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 deadlines 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 will apply to the substitute product.
e) If the repair is completed and the product is delivered, it continues to be non-compliant 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 under the terms of article V.
f) If the replacement fails to bring the product into compliance with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, 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 contract termination
The price reduction and termination of the contract will proceed, at the USER's option, 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 inconvenience 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.
VII) Deadlines
1. Estar Asalvo, S.L. responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, Estar Asalvo, S.L. 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 any lack of conformity that appears 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.
2. Unless proven otherwise, delivery is deemed to have been made on the day that appears 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 previous articles expires three years from the delivery of the product.
4. The USER must inform Estar Asalvo, S.L. of the lack of conformity within a period of two months from when he became 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 it is impossible for the USER or it poses an excessive burden, contact Estar Asalvo, S.L. Due to lack of conformity of the products with the sales contract, you may claim directly from the producer in order to obtain replacement or repair of the product.
In general terms, and without prejudice to the producer's responsibility ceasing, within the same terms and conditions as those established for Estar Asalvo, S.L., 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 standards that regulate them.
A 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 responsibility for the lack of conformity. This period is computed from the moment the cleanup was completed.
14. 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 that are the subject of these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of Alcalá de Guadaira (Spain).