1.-PARTIES AND ACCEPTANCE OF THE GENERAL PURCHASING CONDITIONS:
On the one hand, the provider of the products, (hereinafter, also the provider), with registered office at Ctra. de Martorell, 135, 08224 Terrassa, Barcelona (Spain), N.I.F. 44197302L and e-mail Customer Service info@cuquesdellum.cat, being the owner of the website www.cuquesdellum.cat, exposes the contractual document that will govern the purchasing of products through the website reviewed.
And on the other hand, the user – Client (hereinafter the user), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The parties BOTH ACCEPT this document, with the following implications whereas the user:
- Has read, understood, and agreed with this text.
- Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
- Assumes all the obligations set forth herein.
- Has read and accepted these General Purchasing Conditions from the moment they purchase any of the products that are offered.
This document can be printed and stored by the users.
In case the users have any questions regarding these conditions, they can contact the Provider through their contact e-mail address info@cuquesdellum.cat.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Purchasing Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
Montserrat Salguero Pérez is not responsible for any loss of data, files, or any damage that may result from the user’s failure to back up the data included in the purchased products.
Montserrat Salguero Pérez is not responsible for all consequences that may result from improper use of the products that are sold on the web.
Montserrat Salguero Pérez is specialized in selling CRAFTS
- OBJECT OF THE CONTRACT
2.1 Scope of application
The purpose of this contract is to regulate the contractual purchase-sale relationship between the Provider and the user, which begins now the user accepts by checking the corresponding box during the online purchasing process, implying their acknowledgement and agreement to these purchasing conditions. These GPC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application
The online store www.cuquesdellum.cat ships to SPAIN
2.3 Legal capacity
To be able to place an order, you must be an adult and have the required legal capacity to contract the services outlined on the Website.
2.4 Consent of the client
The validation of an order through the web www.cuquesdellum.cat is executed by email, which also implies the automatic acceptance of the GPC. These conditions are available on the website www.cuquesdellum.cat or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Purchasing Conditions
Montserrat Salguero Pérez reserves the right to make changes and / or modifications to these GPC. We advise our clients to check and review them regularly. If these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
- INFORMATION PROVIDED ON THE WEBSITE
3.1 Publication of prices
Exceptionally, the prices of the products shown on our website may contain errors and show a lower price than the actual corresponding price. In such event, and if we have already confirmed your order, we will contact you immediately to issue a new order confirmation that includes the correct price. In case the current corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information
The information that appears in our advertising, on our website or that provided by our agents or employees constitutes an invitation for you to make a purchase. Such information does not constitute a contract or proof of purchase.
The contents of www.cuquesdellum.cat are constantly renewed and updated in order to offer our clients the most complete and detailed information of our services. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products/services. In case the information provided does not correspond to the characteristics of the product/service, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in English and Spanish and the communication with customers and users can be both in English and Spanish. The formalization of the contract can be in both languages, at the customer’s request prior to beginning the purchasing procedure.
3.3 Right of cancellation
Montserrat Salguero Pérez reserves this action (right of cancellation) of the shipment of a specific product that does not meet the quality requirements imposed on all products at www.cuquesdellum.cat. In case this lack of quality is detected, Montserrat Salguero Pérez Customer Service will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of said product will be reimbursed.
3.4 Orders 24 hours a day, every day of the year
The available admission hours for orders are twenty-four (24) hours, three hundred and sixty-five (365) days of the year.
3.5 Fraud
If any anomaly or fraud is suspected and detected, Montserrat Salguero Pérez reserves the right to cancel the transaction for security reasons.
- Purchase procedure
To have access to the products and services offered by the Provider, the user must register through the website by creating a user account. To do this, the user must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), the Organic Law 3/2018 of December 5 (LOPDGDD) and other legal regulations in force on the protection of personal data, which are further detailed in the Legal Notice and Privacy Policy of this website.
In any case, the Provider’s purchasing platform will inform the user, once the purchasing procedure is finished by means of an e-mail, which includes all the characteristics, price and availability of the service or product.
If there is any type of mistake in any data of the order, you must immediately notify such mistake to the Customer Service through the e-mail address info@cuquesdellum.cat to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.cuquesdellum.cat.
Montserrat Salguero Pérez will provide Customer Service in a FREE manner, through our contact email info@cuquesdellum.cat. If you choose an alternative method of communication, the user is responsible for bearing all costs pertaining to such chosen method.
- PRICES AND VALIDITY PERIOD OF THE OFFERS
All prices displayed in the www.cuquesdellum.cat store include the VAT* in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, 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.
*(VALUE ON ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of the Spanish VAT, if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be always the legally valid one, pertaining to the specific article in question. For orders destined to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the provider will entail the issuance of a purchase receipt. If you want an invoice in the name of the registered user of the purchase, you can request it from info@cuquesdellum.cat.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the purchasing process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the products may vary in real time. In any case, such situations will always be previously communicated to the users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the user can contact through the Customer service phone of the PROVIDER or via email to the address provided.
- PAYMENT METHODS
Below we detail the available payment systems:
6.1 PayPal
Once the purchase is completed, if this form of payment is the chose one, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized, and an email will be sent with the summary of your purchase. Pressing the button “Back to the web” will return to the web to see the order and to be able to print it. PayPal has its own privacy policies and Montserrat Salguero Pérez has no responsibility for them.
6.2 Stripe:
If you choose this form of payment, you can pay with a charge to any of your credit cards. The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality. Stripe has its own privacy policies and Montserrat Salguero Pérez has no responsibility for them.
- RIGHT OF WITHDRAWAL
7.1 Right of withdrawal
The user has 14 calendar days, counted from the date of purchase of the product, to request its return (art. 71 Law 3/2014, of March 27), availing themselves of their right of withdrawal. You can exercise this right if you are not satisfied with the product or any of the products of your order.
To do this, you must write to info@cuquesdellum.cat and send us the form attached to these CGC, indicating your order number, along with your contact information and the rest of the information that is requested.
If you return the products within the period of 14 calendar days, counting from the exercise of your right of withdrawal, we will refund the total amount of the purchase in that same period.
Remember that, in any case, the email you send us must include:
– Return number provided.
– Order number.
– Date of purchase and exercise of your right of withdrawal.
Information of interest (optional):
– Reasons for the return.
– Information that you think is necessary or of interest to process the return.
7.2 Return of defective product
The user must inform Montserrat Salguero Pérez of the lack of conformity with the product within the period provided for in article 120 RD 1/2007, of November 16, depending on the type of product:
– If it is a material good, the user must inform Montserrat Salguero Pérez within a period of 3 years, counting from delivery.
– If it is a question of a supply of digital content or services in a single act or in a series of individual acts, the user must inform Montserrat Salguero Pérez within a period of 2 years, counting from the delivery.
– In the case of services or goods with digital elements, the user may inform Montserrat Salguero Pérez throughout the duration of the supply and, in the case of a continuous supply of less than 3 years, the user may inform in within 3 years, counting from delivery.
If the product is defective in origin, within the periods indicated above, the user must send an email to info@cuquesdellum.cat indicating the order number in the email subject, explaining the reason for requesting the return and attaching photo/s that show the defect that motivates it.
Our Customer Service will contact you by email or phone call, indicating how to proceed.
7.3 Return of non-defective product
When the product does not have any defect and its return has been motivated because the buyer has verified that it was not the product he wanted, the Montserrat Salguero Pérez customer service will contact you to indicate the steps to follow.
7.4 Return by mistake in the order by the Provider
When the product does not correspond to that of the order, due to some error attributable to the company, the user must notify the company by email as soon as possible.
7.5 The right of withdrawal cannot be applied in the following cases
- When they are personalized products or those that, due to other legally foreseen exceptions, are not subject to this right.
- Products that once unsealed are not suitable to be returned for health protection reasons (art.103.e) Law 3/2014, of March 27).
- REIMBURSEMENTS
8.1 Refund for return
For any case of return (whether due to exercise of the right of withdrawal or not), the refund of the amounts paid will be made through the same means of payment that was used in the purchase.
8.2 Refund term:
In case of reimbursement, it will be made within 14 days, counting from the time you have the right to it, according to current regulations. The maximum term to make the payment of this refund is 14 days.
In order to proceed with the refund, you must give us the following information:
– return number
– invoice and / or order number
– your account details to proceed with the return
- Applicable warranties and after-service
9.1 Warranty
Unless proven otherwise, it will be understood that the products are in accordance with the contract if they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
- a) They conform to the description made by Montserrat Salguero Pérez.
- 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 they have informed Montserrat Salguero Pérez at the time of the contract and provided that Montserrat Salguero Pérez 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, considering its nature and, where appropriate, the descriptions of the specific characteristics of the products published on cuquesdellum.cat.
9.2 Defective products
In the event of a defective product, Montserrat Salguero Pérez will proceed to the replacement, a management that will be free for the user. Montserrat Salguero Pérez is responsible for the lack of conformity communicated within the period provided by article 120 RD 1/2007, of November 16, for the type of product in question.
9.3 Cases of cancellation of the guarantee
The guarantee does not apply in the following cases:
– Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer.
– Deterioration created by improper use of the product, inappropriate use, not respecting the instructions for its use and maintenance.
– Damages generated by unaccredited persons or by the user.
– If the model or serial number of the product shows any changes.
– Use of the product outside the family and private framework, for example, on loan or resale.
- Null and void clauses
If any clause included in these General Conditions is declared, either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
- Applicable law and jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the user agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the user (if it is a natural person).
If the user has its domicile outside of Spain, the Provider and the user, expressly waive any other jurisdiction, submitting to the Courts of Terrassa-Barcelona (Spain).
- Comments and suggestions
Your comments and suggestions will be welcomed. Please send us such comments and suggestions to info@cuquesdellum.cat or through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by email at info@cuquesdellum.cat.
ANEX: RIGHT OF WITHDRAWAL
FORM TO EXERCISE YOUR RIGHT OF WITHDRAWAL
For the attention of:
Name: Montserrat Salguero Pérez
NIF: 44197302L
Address: Ctra. de Martorell, 135, 08224 Terrassa, Barcelona (Spain).
Email: info@cuquesdellum.cat
Details of the purchase / service to be withdrawn:
Order / invoice number: ______________________________________________________
Order / invoice date: _________________________________________________________
Date of receipt of the product / s: _______________________________________________
Description of the product / s: __________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Consumer / user data:
Name: ____________________________________________________________________
NIF: ______________________________________________________________________
Address: __________________________________________________________________
Population: ________________________________________________________________
Telephone: ________________________________________________________________
Email: ____________________________________________________________________
Right of withdrawal:
In accordance with article 68 of 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, I inform you that I withdraw from the contract of sale of the good(s) described above, so I would be grateful if you could contact me using the contact information provided, to notify me that this request has been made.
Request date: _________________
Consumer / user signature:
_________________________
