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GENERAL CONTRACTING CONDITIONS OF WWW.MATERIALESTETICA.COM
Contracting General Conditions of the web site www.materialestetica.com are established through this document, with the purpose of sale and purchase of products to MATERIAL ESTETICA, SL (hereon, MATERIALESTETICA.COM), with NIF B55024335 and domicile C/ RIPOLLES, 30 - 17486 CASTELLÓ D'EMPURIES (GIRONA), by those physical or juridical parties (hereon, employer or user) who manifest they’re will to acquire products set to their disposition on the www.materialestetica.com through the request made by electronic means, more precisely, by the internet through the MATERIALESTETICA.COM’s web site’s ownership.
1. - CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT.
Present contracting General Conditions are exposed with a permanent character on the web site www.materialestetica.com, ownership of the MATERIALESTETICA.COM, allowing every user to file them, print them and, thereby, being previously informed of the conditions under which the contracting of products will be made (hereon, the product).
Likewise, the present general conditions are reaffirmed along with a summary of the specific request – specific contracted product/s, cost with indication of taxes if they were to be applied, etc. – for their explicit authorization from the contracting party – through clicking on “I read and agree to the conditions” – every time a specific request is made through the web site.
It’s not technically possible for the contracting person to be able to make the request without having agreed to the acceptance of the present General Conditions. For the contracting person to be able to perform this acceptance and, thereby, make the request, the person must give his data when making the request on www.materialestetica.com, at which moment he/she accepts the present Conditions.
The contracting person, by accepting these Conditions, gives explicit wholeheartedly consent for the MATERIALESTETICA.COM to perform the necessary charging operations for acquisition of the product he/she hires, explicitly authorizing MATERIAL ESTETICA, SL to perform charges on the payment methods that it had selected itself, or introduced from the secure area enabled for this, according to the payment regulations for payment services.
The present General Conditions attached to the specific request made through the internet by the contracting person – also known as “particular Conditions” – set the contract’s content between MATERIALESTETICA.COM and the contracting person who declares having the enough capacity to contract, and having read, understood and agreed to the present conditions.
MATERIALESTETICA.COM, at the moment of making the contracting and in a term non superior to twenty four hours will send the confirmation of the request made to the e-mail address associated to the account of the contracting person.
Contracting person will have available in a permanent manner the present General Conditions on the web site. Any prior modification of the present General Conditions will be clearly exposed on a place with easy access on the web site www.materialestetica.com. All previously indicated documentation will be available to be printed and filed by the hiring person and he/she will be entitled to request it at any time at Customer Care Attention, through e-mail sent to [email protected]; or by calling to the phone number +34 972109109.
Any request of information or complaint estimated as relevant, could be presented to the Customer Care Service to the address indicated in the previous paragraph. The service will accuse receipt of the complaint presented through remission of the justifying complaint – with the corresponding identifying password – to the e-mail address that should be provided to Customer Care Service in order to process the complaint.
2.- PURPOSE.
By the present contract the MATERIALESTETICA.COM commits to delivering to the contracting person the product that he/she had selected through the web site www.materialestetica.com in exchange for a certain price and in regard to the conditions established on this document.
MATERIALESTETICA.COM’S RIGHTS AND OBLIGATIONS
3.1. Product delivery.
The MATERIALESTETICA.COM commits itself to deliver the product in a perfect condition to the address indicated by the contracting person on the order form where the particular conditions attached to the present general conditions lie. MATERIALESTETICA.COM will not be responsible for mistakes caused in the delivery when the data introduced by the contracting person on the order form don’t adjust to reality or had been omitted.
Unless the parties agree differently, MATERIALESTETICA.COM will deliver the product through transmission of its material or control possession to the contracting person, with no undue delay and in agreement with the terms indicated on the web site, which in no case will exceed the thirty natural counted days from the conclusion of the contract.
Products offered on the web site are bounded to existence limits. In the event that the product requested by the contracting person couldn’t be supplied due to unavailability, the contracting person will be informed in the product card of its unavailability before making the purchase and, in any case, by e-mail once the purchase request has been received. If this weren’t informed and the contracting person acquired any non existing product, the paid amount would be returned without undue delays
3.2. Owner’s responsibility
MATERIALESTETICA.COM will in no case be responsible for anything related to:
3.2.1. Mistakes, delays in the access made by the contracting person at the time of introducing his/her data on the order form, slowness or impossibility of confirmation of the request or any abnormity that may arise when these incidents occur due to internet problems, fortuitous events or major force causes and any other unforeseen contingency foreign to the good will of the MATERIALESTETICA.COM. In any case, MATERIALESTETICA.COM will commit itself to solving problems that may arise and to offer all of the necessary support in order to arrive to a quick and satisfactory solution for the incident.
3.2.2. Mistakes or damages produced by inefficient use of the product and bad will from the contracting person.
3.2.3. Non operability of the e-mail address given by the contracting person for the confirmation of order’s sending.
3.2.4. 3.2.4. MATERIALESTETICA.COM has absolute responsibility for the product’s quality admitting devolution of it as long as these be defective or don’t arrive to the contracting person in the appropriate conditions. The contracting person must file the complaint for the devolution through the web site itself in its specific section in order to be able to perform an effective following of the incident. MATERIALESTETICA.COM will take charge, in this case, of the expenses caused as a consequence of such devolution as long as the contracting person communicates this situation, in the term of fourteen days counting from the delivery date and as long as the product hadn’t been consumed or altered in any form. MATERIALESTETICA.COM remains exempt of all responsibility related to possible breaks or flaws on the product that had occurred after delivery of the product, likewise, MATERIALESTETICA.COM will have no responsibility related to the product that was consumed or used with no kind of incident on behalf of the contracting person meaning to file a complaint.
The contracting person, before signing delivery of the product shall check that the product had been delivered in perfect conditions, if he/she shows conformity at the time of delivery it is understood by both parties that the product was delivered correctly and, therefore, any possible deterioration was produced after delivery.
3.2.5. 3.2.5. The Contracting person explicitly disclaims any contractual or extra-contractual responsibility for possible damages or harm derived from what’s been previously mentioned in this clause. In any case, responsibility of the MATERIALESTETICA.COM if it breaks what’s indicated on this agreement in accordance with the terms of the present general conditions will be limited to devolution of the amount that, in its case the contracting person had paid and the always previous devolution from the contracting person of the product in question.
3.2.6. Contracted product counts with the conformity guarantee foreseen in the law. If the product were not in accordance with the contract, the contracting person may choose between demanding repairing or substitution of the product, or, in the case, reduction of its price or resolution of the contract, under the previously established terms.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON.
4.1. Payment.
Contracting person commits to effectively paying for the ordered product in the established amount and form in these Conditions.
4.1.1. Amount.
Remuneration for the product effectively requested by the contracting person will be the one indicated on the web site and the one appearing on the contracting person’s concrete order at every moment (except in the case of a typographic or manifest mistake); requests that will establish the particular order’s conditions. Price of the product shown on the web site is always indicated in EUR without taxes included.
In the event of mistakes occurring with the price of the product requested by the contracting person, the MATERIALESTETICA.COM will inform you as soon as possible and will give you the choice of reaffirming the request at the right price or annulling it. In the event that the contracting person couldn’t be contacted, the order would be considered as cancelled and the paid amounts would be integrally reimbursed, with no right to any type of compensation.
Complete final price will include: taxes or rates, amount of increments or discounts applicable to the offer and additional expenses – for example, the ones associated to transport, payment means, etc. – that are passed to the contracting person, which will be explicitly accepted by the contracting person.
In no case charges that overcome the supported cost by the MATERIALESTETICA.COM for use of determined payment means will be invoiced to the contracting person.
MATERIALESTETICA.COM will issue an invoice corresponding to the purchased product in which it details all the concepts of the purchase. The contracting person expressly agrees the remission of the invoice in printed. At any time, the Contractor can communicate his desire to receive an online invoice, by sending a written document to our Customer Service department.
4.1.2. Payment forms
Contracting person should pay the corresponding amount to the contracted product through some of the payment methods/procedures available on the web site. Additional expenses associated to the selected payment methods should be paid and confirmed in an independent way under the terms indicated on the web site.
4.2. Withdrawal.
The contracting person, with consumers attention, can withdraw the contracting made on www.materialestetica.com within fourteen natural days with no need of excuses, counting from the delivery day of the last product included in the contract, unless the contract be for periodic deliveries of products for a specific term, in such case the term to exercise withdrawal will star with delivery of the first asset.
The contracting of products that by their nature cannot be returned due to fast expiration or deterioration cannot be subject to withdrawal, same as those that being sealed had been unsealed after delivery and become no longer apt to be returned due to protection of health or hygiene reasons.
In order to exercise the right to withdrawal, contracting person should notify his decision to withdraw the contract through unequivocal notification to: MATERIALESTETICA.COM, at C/ RIPOLLES, 30 - 17486 CASTELLÓ D'EMPÚRIES (GIRONA) or at +34 972 109 109, indicating withdrawal of the contract and providing the following: order reference, reception date, contracting person’s names and last names and domicile. Likewise he could use the form model foreseen in the valid regulations over consumers and users’ defense. In the event of written withdrawal, it should be properly signed by the contracting person. In order to meet the deadline, it’s enough by sending the notification before the end of deadline.
In the event of withdrawal from the contracting person, the MATERIALESTETICA.COM will return all payments received, shipping costs not included ,with no undue delay. Such refund will be made using the same payment method used in the initial transaction, unless the opposite had been explicitly agreed upon; in any case, this will not result in any expense as a consequence of the refund. The MATERIALESTETICA.COM could retain reimburse until receipt of products had occurred or until a proof of their devolution had been presented.
Contracting person shall directly return or deliver the products to the MATERIALESTETICA.COM at: MATERIALESTETICA.COM, C/ RIPOLLES, 30 - 17486 CASTELLÓ D'EMPÚRIES (GIRONA), with no undue delay and, in any case, at the latest in the term of fourteen natural days from the date when the withdrawal of the contract decision is communicated. The term will be considered as met if devolution of the products is made before the term is met. Contracting person must assume direct cost of the product´s devolution, either by their own means or asking for a quotation to Material Estetica. The contracting person is responsible for decrease of value of the products resulting from different manipulation to the one necessary to establish nature, characteristics and functioning of the products.
4.3. Contracting person’s responsibility.
In any case, contracting person will be responsible for:
Contracting person takes responsibility for risks of deterioration, impairment, harms and lost of the product from the moment when this is set for disposal by the third party who, by account of the MATERIALESTETICA.COM, makes the delivery of the requested product.
Contracting person commits himself to checking the good condition of the product in front of the third party who, on the MATERIALESTETICA.COM’s account, makes the delivery of the requested product, checking that he will make previously to signing the receipt of the delivery made.
5.- RESOLUTION.
MATERIALESTETICA.COM and contracting person could take the present contract as resolved by any of the clauses that are established by law and particularly for breach of the present General Conditions. Resolution of the contract could be made by contacting the other party at: post address indicated by the contracting person at the time of contracting the service, and at the MATERIALESTETICA.COM’s domicile, properly identifying the contract intending to solve.
6.- COPYRIGHT AND TRADEMARK RIGHTS.
The MATERIALESTETICA.COM declares that the own contents, programming and design of the web site www.materialestetica.com, are fully protected by copyright, being explicitly prohibited all reproduction, communication, distribution and transformation of the referred protected elements unless there’s explicit consent from the MATERIALESTETICA.COM. The MATERIALESTETICA.COM can use external sources for the elaboration of its contents in certain occasions and/or establish links or hyperlinks to articles or information from third parties always quoting the source. The legitimate MATERIALESTETICA.COM of copyright of such information thereby included could request, at any time, elimination of such references.
7.- PROTECTION OF DATA.
All data given by the contracting person in accordance with these general conditions shall be treated within the terms set on the Privacy Policy on the web site.
8.- APPLICABLE LAW AND JURISDICTION.
The present general conditions are governed by the Spanish legislation. All courts from GIRONA are competent to solve any controversy or conflict derived from the present general conditions, with the contracting person renouncing explicitly to any other charter that might correspond to him.
9.- OTHERS.
9.1. Cancelled clause:
In the event that any clause from the present document is declared invalid, other clauses will still be in force and will be interpreted keeping into account the will of the parties and the purpose itself of the present conditions. The MATERIALESTETICA.COM may no longer make use of any of these rights conferred in this document, which will not imply in any case a renouncement to them unless explicit acknowledgement is given by the MATERIALESTETICA.COM.
9.2. Transport:
Delivery times indicated by MATERIALESTETICA.COM in the website are indicative, though MATERIALESTETICA.COM will work hard to meet that term, a delay will not imply any cancellation or indemnification. The transportation cost does not include going upstairs with big size merchandise (beds, equipment or any other big size product).In those cases, transporters will leave the package at street level. We have the option of an additional service to take the object up to your domicile. Check price. Product price does not include installation or assembling. Make sure your product fits the elevator or the stairs space. Data cession or communication: MATERIALESTETICA.COM informs that, to be able to provide the service you have requested, personal information such as: e-mail, name, lastname and address, given by you, will be provided to the transportation and Courier agencies in order to deliver the product you have requested. By accepting general contract conditions you agree to authorize MATERIALESTETICA.COM to share this information exclusively for the purposes mentioned before.
9.3. Damaged package:
Products always travel on the account and risk of the hired transportation agency. MATERIALESTETICA.COM will not respond for damage, loss, handling, lesions or accidents that occur in the shipping of the product. At the moment of the delivery, please check your package is not damaged, if it is damaged please write it in the shipping note of the transportation (damaged package), ask the transporter to wait until you open it and check that the product is not physically broken, if so, do not accept the product and let us know it in order to reclaim it to the transporter. MATERIALESTETICA.COM will not be responsible for the transportation breakage if the user/buyer does not state it in the shipping note of the transporter (damaged package).
9.4. Warranty:
Warranty certificate guarantees the quality of the product, in the legally established terms, during one, two or more years, according to what is established by the manufacturer, after the delivery date. Warranty will be from 6 months to 2 years depending if the consumer is an Enterprise or a particular. In the case of the particulars who give professional use to the product, enterprise warranty will be applied.
In the case of malfunction after 6 months from the invoice date, MATERIALESTETICA.COM reserves the right to check is the damage is due to manufacturing failure or deficiencies because of negligence, strokes, incorrect installation not done by the authorized technical service or attrition for normal use.
In the cases in which the use of the warranty is justified, we will opt for the repairing, substitution, discount, or return of the item, in the legally established terms. During the repairing or revision period, the enterprise will not substitute the product and will not provide any indemnification either.
Consumable parts such as batteries, cables, piles, bulbs, fuses, etc. are not part of warranty as well as accessories or gifts.
MATERIALESTETICA.COM reserves the right to request to an official technic service from the brand to verify the source of the problem. In the case that the problem is due to malfunction, the reparation will be billable.
To make use of the warranty it must be communicated previously to our after sale service, not accepting in our store any merchandise that has been previously changed, returned or repaired.
Warranty losses its value:
- If its data are modified, altered or substituted.
- If the product is manipulated or repaired without knowledge of the technical service.
- If it does not have an invoice.
- In the case of a power surge or wrong voltage connection.
9.5. Community countries. (European Union):
At the moment of the purchase if the country is within the 28 EU countries and have the intra-community VAT, it will depend if the user/buyer is an Enterprise or a particular:
- Particular user/buyer: It will be billed with VAT.
- Enterprise user/buyer registered as EU communitarian operator: It will be billed without VAT.
- Enterprise user/buyer not registered as EU communitarian operator: It will be billed with VAT.
Countries that are part of the EU: Austria, Belgium, Bulgary, Croatia, Chipre, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
Extra-community countries (Outside the EU): Are exempted from VAT payment and bounded to the importation taxes that correspond (customs duties and importation taxes are not included in the item price nor in the shipping and they will have to be paid in the place by the user).
Canarias, Ceuta and Melilla: Due to its special tax regulation, Canarias, Ceuta and Melilla are considered as extra-community territories. In general, any tax, rate, tribute customs and brokerage that is gained as product sell and purchase, as any other expense derived from this process, are in the account of the user.
9.6. Underage People:
In order to acquire a product at MATERIALESTETICA.COM website, it will request that all its users must be of legal age (18 years old).
The website does not include information directed to underage people, and in consequence, MATERIAL ESTETICA, SL will not compile personal information from people under 18 years old intentionally, and, in any case, it will delete any data that could derive from an underage person as soon as it is knowledgeable of the circumstances.
