GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of products and services through the website www.tiendafertilidad.com, owned by Georgina Oller Grau, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text.
- It is a person with sufficient capacity to contract.
- Assume all the 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 supplier of the goods or services contracted by the USER is Georgina Oller Grau., With registered office C / Tavern 34 3º 3ª, 08021, Barcelona, NIF 46148629A and with customer / USER telephone number 639425611
And on the other, the USER, registered on the website by means of a username and password, over which he 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 relationship of sale born 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 of possible access by an unauthorized third party. , so that it proceeds to the immediate blockade.
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:
- 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 ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Merchandise shipments will usually be made by EXPRESS COURIER (CORREOS EXPRESS, MRW, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The delivery dates or deadlines will be understood as approximate, the delay not constituting an 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, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derives no liability for damages attributable to the PROVIDER.
The delivery period is usually between 2 and 5 working days, depending on the target population and the payment method chosen. 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 the latter's 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, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to perform this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and terms to proceed to make the return and / or claim the possible vices 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 receipt of the product, to return it (article 71 of Law 3/2014 of March 27). Unless the return is made due to product defects, 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 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 or these are not in perfect condition. The original packaging must protect the product in such a way that it is received in perfect condition, being prohibited 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 or other products that are directly downloaded through the portal.
- When they are personalized products or those, which for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.
Any return must be communicated to the PROVIDER, requesting a return number (RMA) by email to [email protected], indicating the invoice or order number.
Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at their expense, at the address of Georgina Oller Grau, C / Tavern 34 3º 3ª , 08021, Barcelona.
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postcard: Georgina Oller Grau., C / Tavern 34 3º 3ª, 08021, Barcelona
E-Mail: [email protected]
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: https://ec.europa.eu/consumers/odr/
- OVERWHELMING FORCE
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 General Conditions in their entirety.
- OFFER OVERVIEW
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Georgina Oller Grau or stipulated herein will have effect, unless an express agreement 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 regarding the information provided in its advertising, until it affects 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 currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you will be able to check online all the details of the budget: articles, 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.
For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 935135860 XNUMX XNUMX or via email to the address [email protected]
- TRANSPORTATION EXPENSES
Prices do not include shipping or communication 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, since they are calculated by the weight of the products and by the delivery address.
Once the postal code of the delivery address has been entered by the USER and depending on the amount of his purchase, the different shipping options and their respective prices will be shown by the system before proceeding to the finalization of the purchase.
- PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER enables the following ways to pay for an order:
- Credit card: no discounts or charges will be applied.
- 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 following steps for its correct formalization:
- - Checking the billing information.
2. - Verification of 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.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent confirming the order status and the shipping 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 proof to the contrary, it will be understood that the products are in accordance with the contract as long as 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 Geogina Oller Grau.
- b) They 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 they have made it known to Georgina Oller Grau at the time of the conclusion of the contract, provided that the latter 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, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Georgina Oller Grau.
- e) Georgina Oller Grau. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
- 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 have their origin in materials supplied by the USER will not proceed.
- II) Responsibility of the PROVIDER
Georgina Oller Grau. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Georgina Oller Grau recognizes the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.
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 Georgina Oller Grau 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 reorganization imposed on Georgina Oller Grau will be considered disproportionate. costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of remediation 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 the shipping costs, as well as the 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 start from the USER making the product available to Georgina Oller Grau. and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, Georgina Oller Grau 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 is completed and the product is delivered, it 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 its repair, within the limits established in section 2 of article IV, or the price reduction 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 time or without major inconveniences for the USERNAME. 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 accordance with the contract and the value that the product actually delivered had at the time of delivery.
- Georgina Oller Grau is responsible for any lack of conformity that appears within a period of two years from delivery. For second-hand products, Georgina Oller Grau 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 Georgina Oller Grau 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 Georgina Oller Grau due to lack of conformity of the products with the contract of sale, he may claim directly from the producer in order to obtain the replacement 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 Georgina Oller Grau, 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 as 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 any controversy that may arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.
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 Barcelona (Spain).