This contractual document will govern the contracting of services through the website www.alkanna.es, owned by SARA BELEN LLUCH PENADES, hereinafter PROVIDER.
The acceptance of this document implies that the USER:
– Has read and understands what is stated here.
- He is a person with sufficient capacity to hire.
- He assumes all the obligations laid down herein. These conditions shall have an indefinite period of validity and shall apply to all contracts made through the website of the PROVIDER.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it offers the services 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 supplier of the goods or services contracted by the USER is SARA BELEN LLUCH PENADES, with registered office Avda Albaida, 12 – 2 6 46870 Ontinyent (Valencia), NIF 48600802P and with customer service phone/ USER +34 685 567 820.
On the other hand, the USER, registered on the website by means of a username and password, for which he has full responsibility for the use and safekeeping, 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 between the PROVIDER and the USER at the time when the latter accepts the relevant box during the online procurement process.
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 the loss or theft thereof or of possible access by an unauthorised third party, in such a way that the PROVIDER proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the procurement procedure shall follow the following steps:
1. General terms of contract.
2. Sending of orders.
3. Right of withdrawal.
5. Force majeure.
7. Overview of the offer.
8. Price and term of validity of the offer.
9. Transport costs. 10. Method of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL TERMS OF CONTRACT
Unless specifically 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 may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by PROVIDER.
2. SHIPMENT OF ORDERS
The SUPPLIER will not send any proof of order until he has verified that the payment has been made.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and time limits to proceed to make the return and/ or to claim any defects or defects presented by the service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the same (article 71 of the Law 3/2014 of 27 March).
The right of withdrawal may not apply where the services are personalised or where, for reasons of hygiene or other exceptions provided by law, they are not susceptible to this right.
Any complaint that the USER considers opportune will be dealt with as soon as possible, and can be made at the following contact addresses:
Postcard: SARA BELEN LLUCH PENADES, Avda Albaida, 12 – 2 6 46870 Ontinyent (Valencia) Phone: +34 685 567 820
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without having to go to court, through the intervention of a third party, the Dispute Settlement Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, finally suggesting and/or imposing a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to a major cause. Compliance with the obligation shall be delayed until the termination of the case of force majeure.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is deemed null or of impossible compliance, the validity, legality and compliance of the rest shall not be affected in any way, nor shall it be modified in any way.
The USER declares to have read, know and accept the present General Conditions in their entirety.
7. OFFER OVERVIEW
All sales and deliveries made by the SUPPLIER shall be deemed to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SARA BELEN LLUCH PENADES or stipulated herein will take effect, unless expressly agreed in writing signed by the LENDER, in this case, these particular pacts will prevail.
Given the continuous technical advances and improvements of the services, 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 services offered. [These modifications will also be valid in the event that, for any reason, the possibility of providing the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY [OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the purchased service.
The prices applicable to each service 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 services may vary in real time.
Before making the purchase you will be able to check online all the details of the budget: services, quantities, price, availability, expenses, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.
Once the order has been placed, the prices will be maintained.
Any payment made to the PROVIDER entails the issue of an invoice in the name of the registered USER or of the corporate name that he has informed at the time of placing the order. This invoice will be sent together with the service purchased to the email address provided by the USER.
For any information about the order, the USER may contact through the customer service telephone number of the PROVIDER 685 567 820 or via email at the address email@example.com.
9. TRANSPORT COSTS
There are no transport costs.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The LENDER allows the following ways to make the payment of an order:
- Bank transfer .
- Credit or debit card
11. PURCHASING PROCESS
Basket (budget simulation)
Any service in our catalog can be added to the basket. Only the services, quantity, price and total amount shall be observed. Once the basket is saved, we will proceed to calculate taxes, charges and discounts.
The baskets have no administrative link, it is only a section where you can simulate a budget without any commitment from both sides.
From the basket you can make a quote by following the 3 steps necessary for the correct formalization:
- Verification of billing data.
- Checking the shipping address.
- Selecting the payment method.
- Placing the order (buying).
Once the budget has been processed, the system instantly sends an email to the LENDER’s management department.
Orders (purchase requests)
Within 24 hours, on working days, an email will be sent confirming the status of the order and the shipping date
12. APPLICABLE GUARANTEES
All services offered through the website have a warranty period of two years, according to the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November adopting the consolidated text of the General Act for the Protection of Consumers and Users and other supplementary laws.
13. GUARANTEES AND REFUNDS
The guarantee of the services offered will respond to the following articles based on the Law 23/2003 of 10 July on Guarantees of sale of consumer goods:
(I) Conformity of services with contract
1. Unless there is proof to the contrary, the services shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make it inapplicable:
a) They conform to the description given by SARA BELEN LLUCH PENADES.
b) Are suitable for the purposes for which the services of the same type are normally intended.
c) They are suitable for any special use requested by the customer when brought to the attention of SARA BELEN LLUCH PENADES at the time of conclusion of the contract, provided that the latter has admitted that the service is suitable for this use.
d) Provide the standard quality and services of a service of the same type as the customer can reasonably expect, having regard to the nature of the service and, where appropriate, descriptions of the specific characteristics of the services provided by SARA BELEN LLUCH PENADES.
e) SARA BELEN LLUCH PENADES describes the details, characteristics and photographs of the services provided by the producer, so that it is not bound by these public statements.
2. A lack of conformity resulting from an incorrect provision of the service shall be treated as a lack of conformity of the service where the service is covered by the service contract and has been performed by SARA BELEN LLUCH PENADES or on his own responsibility, or by the USER where the defective performance is due to an error in the instructions set out therein.
3. There shall be no liability for non-conformity which the USER is aware of or could not have been unaware of at the time of conclusion of the contract or which originates from services provided by the USER.
II) Responsibility of the SERVICE PROVIDER
SARA BELEN LLUCH PENADES will answer to the USER for any lack of conformity that exists at the time of delivery of the service. SARA BELEN LLUCH PENADES recognizes the right of the USER to repair the service, to replace it, to reduce the price and to terminate the contract.
III) Repair and replacement of services
1. If the service is not in conformity with the contract, the USER may choose to require repair or replacement of the service, unless one of these options is impossible or disproportionate. As soon as the USER informs SARA BELEN LLUCH PENADES of the chosen option, both parties must comply. This decision of the USER is without prejudice to the provisions of the following article IV for those cases in which the repair or replacement does not manage to bring the service in conformity with the contract.
2. Any form of reorganisation which imposes costs on SARA BELEN LLUCH PENADES which, in comparison with the other form of reorganisation, would be considered disproportionate, are unreasonable, taking into account the value of the service if there is no lack of conformity, the relevance of the non-conformity and whether the alternative form of remediation could be carried out without major inconvenience to the USER.
IV) Rules for the repair or replacement of the service
The repair and replacement shall be in accordance with the following rules:
a) They shall be free of charge to the USER.
b) They shall be carried out within a reasonable period of time and without major inconvenience to the user, taking into account the nature of the services and their purpose for the USER.
c) Reparation suspends the computation of the periods referred to in article VII. The suspension period will begin when the USER brings it to the attention of SARA BELEN LLUCH PENADES and will end with the delivery to the USER of the service already repaired. During the six months following the delivery of the repaired service, SARA BELEN LLUCH PENADES will answer for the lack of conformity that motivated the repair. It is presumed to be the same lack of conformity when defects of the same origin as those initially expressed are reproduced in the service.
d) The replacement suspends the periods referred to in article VII from the exercise of the option to the delivery of the new service. In any event, the second paragraph of Article VII shall apply to substitute service.
e) If the repair is completed and the service is delivered, it is still not in conformity with the contract, the USER may require the replacement of the service, within the limits set out in article IV, paragraph 2, or the reduction of the price or termination of the contract under the terms of article V.
f) If the substitution fails to bring the service into conformity with the contract, the USER may demand the repair of the contract; within the limits laid down in Article IV(2), or reduction of the price or termination of the contract under the terms of Articles V and VI.
V) Reduction of the price and termination of the contract
Where the USER cannot require the repair or replacement of the service and where the repair or replacement has not been carried out within a reasonable time or without major inconvenience to the USER. The resolution shall not apply where the lack of conformity is of minor importance.
VI) Criteria for the reduction of the price
The reduction of the price shall be proportional to the difference between the value that the service would have had at the time of delivery if it had been in conformity with the contract and the value of the service actually delivered had at the time of delivery. VII) Time limits 1. SARA BELEN LLUCH PENADES is responsible for any lack of conformity that may manifest itself within two years of delivery.
Unless there is evidence to the contrary, the lack of conformity shall be presumed to have existed within six months of delivery when the service was delivered, except where this presumption is incompatible with the nature of the service or the nature of the lack of conformity.
2. Unless there is proof to the contrary, delivery shall be deemed to have taken place on the day indicated on the invoice or purchase label, or on the delivery note in question, if the invoice or the purchase label or on the delivery note in question.
3. Action to enforce compliance with the provisions of the preceding articles shall be time- barred three years from the date of delivery of the service.
4. The USER shall inform SARA BELEN LLUCH PENADES of the lack of conformity within two months of his knowledge. Unless proven otherwise, the communication of the USER has taken place within the established period.
VIII) Action against the producer
If it is impossible or excessively burdensome for the USER to contact SARA BELEN LLUCH PENADES for lack of conformity of the services with the service contract directly to the producer in order to obtain the replacement or repair of the service.
In general, and without prejudice to the fact that the producer’s liability ceases, within the same time limits and under the same conditions as those laid down for SARA BELEN LLUCH PENADES, the producer shall be liable for the lack of conformity where it relates to the origin, identity or suitability of the services, in accordance with their nature and purpose and the rules governing them.
A producer, the person responsible for a service or the importer of the service in the territory of the European Union or any person who presents himself as such when indicating his name, mark or other distinctive sign in the service.
Whoever has responded to the USER, will have a period of one year to repeat the responsibility for the lack of conformity. This period is counted from the time the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in what is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise regarding the provision of the services covered by these Terms and Conditions of the courts and tribunals of the USER’s domicile. In case the USER has his domicile outside Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the population of Ontinyent (Spain).