GENERAL CONTRACTING CONDITIONS OF ALTHAIAARTESANA.COM
1.- IDENTIFICATION OF THE PARTIES.
On the one hand the mercantile society “ALTHAIA ARTESANA, SL”, hereinafter Althaia, with registered office at Avenida Jaume I, 34 4º C, 03590 – Altea (Alicante), and provided with CIF number B54958087 and registered in the Commercial Registry of Alicante , Volume 3983, Folio 64, Section 8, Sheet A152095, and owner of the domain www.althaiaartesana.com, hereinafter Website.
And on the other hand, the User, who contracts the products offered through the Website and whose identifying data are provided directly by him / her by incorporating their data into the different forms that Althaia makes available to them to access any of the products offered through the Website.
2.- APPLICABLE LEGISLATION.
The present General Conditions of Contract, are subject to Spanish legislation, to the provisions of Law 7/1998, of April 13, on General Conditions of Contract, in Royal Legislative Decree 1/2007, of November 16, by which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, in Royal Decree 1906/1999, of December 17, which regulates Telephone or Electronic Contracting with General Conditions , Organic Law 15/1999, of December 13, Protection of Data of a Personal Nature, Law 7/1996, of January 15, of Retail Trade Regulation, and Law 34/2002, of July 11 , Services of the Information Society and Electronic Commerce.
3.- OBJECT AND SCOPE OF APPLICATION.
These General Conditions of Contract governing the provision of services are intended to regulate the access and acquisition regime of the products provided by Althaia to the User through the Website, constituting the legal framework that develops the contractual relationship.
The aforementioned General Contracting Conditions may be consulted, printed, stored by the User prior to the start of the contracting procedure.
These General Conditions of Contract, regulate the legal relationship derived from the contracting processes formalized by the User through the Website of Althaia. The User expressly accepts the full and unreserved adhesion to these stipulations in the version published by Althaia at the moment in which the User accesses the Website and has been able to access these General Contracting Conditions, or hire the products in which he is interested. .
The User agrees to read carefully the General Conditions of Contract, each time it proceeds to the hiring of a product, given that they have been subject to modification since the last time they accessed.
By accepting these General Conditions of Contract the User declares:
- That he is a person with the capacity to contract.
- That you have read and accept these General Conditions of Contract.
The User will always have access, and in any case, prior to the start of the contracting process of the products, to the General Contracting Conditions, being able to be stored and / or reproduced in a durable medium. Althaia makes available to the User an email address, email@example.com, where you can contact through the contact form in order to address any questions regarding these General Terms and Conditions.
Althaia may modify these General Terms and Conditions of Contract, without affecting the products acquired by Users prior to the modification, provided there is sufficient cause or reason for doing so. It is understood that there is sufficient cause or reason for the modification, with an enunciative and non-limiting character, when the purpose is:
- Expand the range or number of products that are made available to the User or improve existing ones.
- Adapt the products covered by this contract to the advances that may occur due to the development of new information technologies
- Modify, replace or update the prices of the products offered through the Website.
7.- CONTRACTING CONDITIONS.
These General Conditions of Contract apply to any contracting of products through the Website.
7.1.- ALTHAIA’S OBLIGATIONS.
Althaia undertakes to comply with the following contractual obligations derived from the commercial relationship with the User as a result of the contracting of products by the same:
- Provide the User with the maximum guarantees, the products requested by the latter in accordance with the provisions of these General Contracting Conditions and without breaching contractual good faith.
- Expressly inform the User of the existence of these General Conditions of Contract prior to the start of the contracting procedure.
- Inform the User prior to the hiring and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the requested products, such as the price of the same and the taxes that are applicable to them.
- Make available to the User a copy of the text of the General Contract Conditions. Likewise, and for those products that require it, the Specific Conditions that are applicable will be made available to the User prior to contracting.
- Send the User the proof of payment or invoice of the products contracted to Althaia. Said justification or invoice will be accessible for download by the user.
- Comply with the provisions of the regulations on the rights of consumers and users.
7.2.- OBLIGATIONS OF THE USER.
For its part, the User agrees to the following contractual obligations:
- Carry out full compliance with the provisions of these General Conditions of Contract in the contracting of the products offered by the Website.
- Complete the registration forms prior to the start of the contracting procedure with accurate and current information to access any of the products offered on the Website. Likewise, the User guarantees and will be responsible for keeping them completely up-to-date while their User status on the Website lasts.
- Complete the product access forms, with accurate and current information as these data are necessary for the issuance, where appropriate, of the invoice by Althaia and the collection of the contracted products.
- Properly provide the bank details requested by Althaia, as well as pay the price of the contracted products in accordance with the chosen form of payment and the current rates published by Althaia on the Website at the time of contracting.
- Omit the sending of messages that in some way prevent or hinder the normal functioning of the services offered by the Website. In any case, the User will be solely and totally responsible for the content of the messages that he / she writes or sends, as well as the data that he / she facilitates.
8.- AVAILABILITY OF THE PRODUCTS.
Althaia informs the User that the number of available units of the products offered is kept updated with the stock in storage and the availability of sale. Under no circumstances will Althaia intentionally sell more units than are available for sale.
It should be noted that all orders will be shipped within the available stock limits. In the event that there is any breakage of stock or punctual unavailability of a product, Althaia will send an email communicating to the User said end and the new recommended delivery time of the products purchased.
In the event that the product is not available after the order has been placed, the User will be informed by email, being able to choose between receiving another product with similar characteristics or canceling the order.
The partial cancellation of the order due to lack of availability will not mean the cancellation of the entire order, unless the User so declares. All this without prejudice to the right of withdrawal.
The prices (with VAT included) applicable to the contracting by the User of the products, will be those that appear on the Website at the moment in which the User accesses specific product, and proceeds to initiate the contracting process. Likewise, at these prices other expenses established in these General Contract Conditions will be applicable in a specific section on shipping policy.
In case of error in the price of the products that the User has contracted, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.
We will not be obliged to supply the product (s) at the wrong lower price (even if we have sent you the Shipping Confirmation).
Althaia reserves the right to modify the list of prices published on the Website, when it deems appropriate. In any case, the foregoing will not apply to those products contracted prior to the modification.
10.- FORMS OF PAYMENT.
The means of payment available will be the following:
- Payment through PayPal.
- Payment by Credit Card.
11.- CONTRACT WITH ALTHAIA AND ACCEPTANCE OF ORDER.
Until the order is accepted by Althaia (although it has already been charged to your account) there will be no contract between the User and Althaia. If the order is not accepted and we have already made the charge, the amount will be refunded in full.
After clicking on “buy” the user will receive an email as an acknowledgment. This does not imply that the order has been accepted, since it is an offer that you make us to make a purchase. Orders are subject to our verification and acceptance. We will confirm the acceptance by sending you an email in which we inform you that the order is being sent (Delivery confirmation). Only at this time will the Contract between you and us be formalized.
Only the products related in the Confirmation of Shipment will be objects of contract. We will not be obliged to supply you with any other product that may have been the subject of an order until we confirm the shipment of the same in an independent Shipping Confirmation.
Althaia may refrain from taking orders that do not have sufficient solvency guarantees, or that prove to be incomplete or incorrect or in the event that the products are not available, without liability to the User or third parties. In any case, we promise to inform you and if we had already charged you the amount of the order we will proceed to refund the amount you have anticipated.
12.- TRANSMISSION OF THE PROPERTY.
The User acquires ownership over the products at the time of full payment of all amounts, including shipping costs.
13.- SHIPPING POLICY AND APPLICABLE TAXES.
The cost for the shipping service will be:
- € 3.45 Province of Alicante.
- € 4.2 Provinces Valencia and Castellón.
- € 4.2 Murcia Region.
- € 6.07 Principality of Asturias.
- € 6.07 Autonomous Community of Galicia.
- € 5.52 Rest of the peninsula provinces.
- € 6.94 Baleares.
All the products offered on the Website will be subject to the Value Added Tax (VAT).
14.- CONDITIONS OF DELIVERY.
We will deliver your bags in the peninsula in 24/48 hours (working days) from the reception of the order. The delivery times are indicative and based on the services of our logistics operators. There are no shipments to the Canary Islands, Ceuta and Melilla.
15.- RESPONSIBILITY OF THE PARTIES.
15.1.- ALTHAIA’S RESPONSIBILITY.
The content of this Website is presented for the sole purpose of promoting the products of Althaia, without any other guarantee whatever its nature.
In particular, Althaia disclaims any liability for any damages and losses:
- that may be caused by lack of availability and / or continuity of the Website.
- that the User is generated in case of impossibility to provide the service object of these General Contracting Conditions due to cases of fortuitous event, force majeure or other causes not attributable to Althaia. For these purposes, the following are considered outside its control: (i) the modem, (ii) the User’s computer system, (iii) the navigation software, (iv) virus, (v) interconnection of networks, without limitation. telephone and electric, (vi) ADSL, ISDN, and / or any other transport or telecommunications infrastructure used by the User.
- due to the inadequate functioning of the Website if this is due to maintenance work, incidents, defective operation of the User’s terminal or insufficient capacity to support the systems necessary to make use of the service.
- Althaia does not guarantee the absence of viruses or other elements on the Website that may cause alterations in its computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled by them.
- Althaia will take the appropriate measures to ensure a rapid response, but can not be responsible for delays due to telecommunications services, nor guarantee a specific delivery period for the products.
15.2.- RESPONSIBILITY OF THE USER.
The User will be solely responsible for the consequences arising from the communication of data that are not true as well as data belonging to persons other than the User.
Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password, as well; how to immediately notify Althaia of the loss, loss, theft, theft or illegitimate access of your username, as well as your knowledge by third parties.
In case of breach by the User of its contractual obligations, Althaia reserves the appropriate legal actions, as well as the right to restrict access to the products offered on the Website.
16.- RIGHT TO CANCEL THE ORDER.
Althaia guarantees Users the possibility of canceling their order at any time and without any cost provided that the cancellation is communicated before the order has been made available to the carrier for shipment. To request it, you must contact Althaia through the e-mail firstname.lastname@example.org or by calling 965 84 06 05.
17.- RIGHT OF WITHDRAWAL AND WAY TO EXERCISE IT.
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users, if for any reason the buyer is not satisfied with his order, You will have a term of 14 calendar days from when you acquire possession of the property, to withdraw from the contract without the need for justification and without any penalty. The deadline will be considered fulfilled if you return the property before the deadline.
In the event that the purchase involves the delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, the withdrawal period will expire after 14 calendar days since the buyer, or a third party indicated by him, other than the carrier, acquire the natural possession of the last of the goods.
The Right of Withdrawal may be exercised on one, several or all of the items purchased.
Before exercising the right of withdrawal or canceling an order, the User must contact us by phone 965 84 06 05 or email@example.com.
The right of withdrawal will be applicable as long as the contracted products are returned under the same conditions in which the User received them, along with their original packaging, labels and together with any accessory related to them. Likewise, a copy of the invoice of purchase of the product that is returned must be accompanied. The User will be responsible for demonstrating that the products have been returned. Althaia will not be responsible for lost, delayed or misdirected shipments of any product that the user wishes to return to us.
Althaia will determine if the products are in the same conditions in which they were sent. Products that have been returned damaged, incomplete, damaged, used or dirty by the User’s fault will not be reimbursed and will be made available to the sender and returned to postage due.
In accordance with Royal Legislative Decree 1/2007, of November 16, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the consumer assumes the direct cost of the return of the goods, except in case of tare or defect.
If the return does not comply with the stipulated terms, there will be no right for the User to receive any refund of the amount and the products will be sent to you due postage. If the recipient of the products is different from the User who made the payment, the refund of the money will be made to the User who made the payment.
Returned products must be sent in a single delivery. Althaia reserves the right not to accept products that belong to a single order, returned and delivered at different times.
18.- RETURN POLICY IN CASE OF DELIVERY OF DEFECTIVE OR ERRONEOUS PRODUCTS.
If the User receives an erroneous order or defective product, please contact us immediately, within 24 hours, at the following email address: firstname.lastname@example.org, indicating the error or defect together with your personal data.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable). The return or replacement of the article will be made as soon as possible.
The amounts paid for those products that are returned because of some defect, defect or wrong delivery, will be reimbursed in full, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The refund will be made using the same form of payment chosen by the User at the time of purchase.
19.- PRODUCT GUARANTEES AND INFORMATION.
Althaia states and guarantees that its Internet platforms are technically prepared for the sale of products and services.
Althaia makes its best efforts so that the information that appears is correct.
The products offered through the Website may suffer slight variations in terms of specifications, colors or other design features.
The products offered through the Website are guaranteed by the manufacturer for a period of two years from the date of delivery.
The deficiencies caused by negligence, beating, use or improper manipulations by the User are not included in this guarantee.
In the cases in which the use of the guarantee is justified, the defective product or the return will be replaced, in the legally established terms. All expenses that arise as a result of the return of the same will be borne by Althaia, who will be responsible for managing the transport with the transport company.
For the purpose of making the appropriate notifications, Althaia designates as contact address the one specified in the legal notice.
The electronic mail provided by the User during the registration process on the Website will be the one used by Althaia for the purposes of notifying the User.
The User is obliged to keep the data duly updated for the purposes of notifications are referenced in this clause.
All Notifications made by Althaia to the User will be considered validly made if they have been made using the data and through the aforementioned means. Althaia is not responsible for any damage that may occur due to the violation of the User’s maintenance obligation updated contact information.
21.- NULLITY AND INEFFICIENCY OF THE CLAUSES.
If any clause included in these General Contract Conditions is declared totally or partially null or ineffective, such nullity will affect only that provision or the part of it that is null or ineffective, subsisting in all other General Conditions of Contract.
22.- DURATION OF THE GENERAL CONTRACTING CONDITIONS.
The period of validity of these General Conditions of Contract, will be the time that they remain published on the Website and will be applicable from the moment the User proceeds to the hiring of any of the products.
23.- COMPETENT JURISDICTION.
In the event that the User uses the products, in order to integrate them into their own production processes, both parties, expressly waiving any jurisdiction that may correspond to them, submit to the Courts of Dénia for the resolution of conflicts.