GENERAL SALES CONDITIONS
1st Condition: Introduction and Definitions
The general conditions of sale detailed below (hereinafter “General Conditions”) govern the contractual relationship between any user of the web page www.amezkua.com that wants and formalizes a purchase through this website (hereinafter The Customer) and AMEZKUA TOTAL DESIGN S.L. company (hereinafter The Company).
The data related to The Company is included in the Legal Note section of the website.
The Company’s main activity is the sale of goods, products and articles of daily use through the website www.amezkua.com. The trading operations carried out through the website www.amezkua.com will be made on the products offered in it, which the company has the availability, also with the terms and conditions regulated in this document and the specific conditions of special offers.
The general conditions of sale which apply to all transactions govern and supersede any other condition, unless there is another previous formal agreement put down in writing. At any time, the Company may be forced to change certain provisions of the general conditions. Therefore it is necessary to know the updated version the day of your order from the website www.amezkua.com (hereinafter referred to as “The Site”).
These changes will affect customers who buy products after its publication on line and will apply to subsequent orders to that publication. Every purchase on The Site is subject to all provisions of the general conditions applied at the time of the order.
The Customer can not validate the order until he is aware of the general conditions of this document and accepts them by checking the appropriate icon on The Site. The confirmation of the order by the customer indicates agreement and knowledge of the general conditions of sale and its absolute acceptance. The acceptance of the general conditions of sale regulated by this document, validating the order, also involves the sale’s contract formalization, which is formalized in such way according to the Spanish civil law.
2nd Condition: Object of the contract
These conditions aim to define the system of sales that are formalized through The Site, the rights and obligations arising from them, and thus the legal relationship established between The Company and The Customer when the sale is formalized.
3rd Condition: Procedure and order form
The Customer can place the orders and execute the purchases through www.amezkua.com website, accessible 24 hours a day, 7 days a week. The purchase process is defined as product identification, product selection, confirmation and validation of the order indicating the total price in the form contained in The Site.
The data from the customer recorded by The Company during registration on The Site and during the execution of the order, and in particular in the validation or acceptance of the order, are proof of the purchase agreement between The Company and The Customer. After validating the order by the Customer, The Company will send a confirmation to the Customer to notify that the order has been registered correctly.
The Company reserves the right not to accept a delivery or order if the Customer failed to pay part or all of a previous order or there has been some return on credit or debit card on which was loaded the amount of the order or there is any kind of payment dispute between the parties.
4th Condition: Retention of title and risk
The Company preserves the ownership of the goods until the payment of the total amount and the supplements is made effective. The default by a party may result in a claim on the property.
From the delivery of the goods to The Customer, the risk of loss or deterioration of the products acquired, as well as the damage they might cause will be transferred to the customer.
5th Condition: Availability
Customer agrees at this time that The Company will accept the order based on their available stocks and stocks of manufacturers and suppliers, that will be displayed in The Site at all times and at the time of confirming the order validation.
If a product is not available after confirming the order, The Company shall notify the customer by email or by telephone of the partial delivery of the order or cancellation of it. In that case The Company will reimburse The Customer if the amounts are already paid, in the form of purchase ticket, by bank transfer or check, as for the Customer’s choice.
6th Condition: Data and product photos
Products published in The Site reflects as rigorously as possible the basic characteristics of the products by technical descriptions, photographs and/or videos of the products, all based on the art and respecting the highest market standards .
However, sometimes it may happen that the technology does not reflect with accuracy the representation of the products displayed on The Site, in particular as a result of differences in color result from Internet browsing software and / or monitors visualization. The Company is not responsible for the inaccuracy of the photographs displayed in The Site; The Customer accepts the degree of inaccuracy that is defined.
The technical descriptions of products are those that govern between The Company and The Customer, any other customer expectation on items not listed on The Site, does not create any right to claim or return.
7th Condition: Price
The prices indicated on The Site include VAT but exclude delivery costs, which are charged including VAT, per order. However, these delivery charges are indicated in the shopping cart and are confirmed by validating the order, so that the customer knows the total cost of the transaction.
The Company reserves the right to change prices at any time, but the products will be billed based on the rates that are effective at the time the order is registered and validated by the customer, subject to availability on that date.
8th Condition: Payment methods
Orders may be paid by any of the following ways:
– By credit or debit card
– Through bank transfer. The customer must contact The Company, through the corresponding contact link in The Site to know the bank details and instructions so as to make the appropriate payment.
In case of payment by credit or debit card the Customer’s order will not be validated until the recovery is made on the account with the relevant permission of payment centers. If the payment is not authorized, the customer’s order cannot be accepted.
Online payment by credit or debit card is made through the security system that the bank LA CAIXA offers to their customers, called “ Cyberpack “
The delivery times of the orders will begin to run from the date of confirmation of payment or receipt of the corresponding amount.
In case of default or return of the validated amounts by any bank or financial reason, The Company will levy a service charge of 15 euros in addition to the invoice amount, increased by the costs of the debited transaction charged by The Company’s bank. In case the friendly recovery proves unsuccessful within 10 days from the date the first demand for payment message is made, that message will be sent by registered letter with acknowledgment of receipt. The recovery of the debt will be held by legal actions. The legal costs that the collection office will bill directly to The Customer are independent of the basic friendly compensation.
9th Condition: Delivery Modes
The purchased products will be delivered by carrier hired by The Company under the following categories:
Delivery throughout the European Community
– The normal delivery will be made within 72 hours from the confirmation of the order and receiving confirmation of the price.
– The express delivery will be made within 48 hours from the confirmation of the order and receiving confirmation of the price.
– To know the conditions of the express delivery, The Customer must contact The Company in the contact link of The Site where you can inquire about the shipping conditions.
– The cost of the transport may be applied depending on the amount of the transaction.
Delivery outside the European Community
– To know the conditions of shipping outside the European Community, The Customer must contact The Company in the contact link of The Site where you can inquire about the shipping conditions.
The carrier, in each case, shall deliver the goods at the address provided by The Customer to The Company. In the event that The Customer is not at the address provided at the time of appearance of the carrier and the delivery can not be done, the carrier shall submit this relevant information to The Company and The Company shall notify The Customer the unsuccessful delivery attempt, providing a telephone number of the carrier so that The Customer can contact him and make the delivery
Unsuccessful delivery because of the absence of The Customer at the address provided by him, will not be responsible in any case of The Company.
The Customer is the only responsible of verifying that the features and measures of the products requested are consistent with the access to his home or delivery address, paying particular attention to doors, stairs, ceilings, corridors, landings, etc. In case the delivery cannot be made on the scheduled day due to difficulties of access not previously identified by The Customer or his absence the day of delivery, The Company may invoice the delivery charge again.
If The Customer wishes to set a specific date of delivery or mention any specificity about the delivery of his order, he should warn it to The Company during the process of the confirmation of the order in the area foreseen on the delivery address page.
The Customer agrees to verify the compliance of the order at the time of delivery by the carrier and the perfect condition of the goods at the time of receipt. In case of complaint in relation to possible defects or spoilage (damage, missing product compared to the order, packaging damaged, broken products, etc.), The Customer shall indicate his comments on the delivery order and send it by certified mail with return receipt requested within two days after the delivery is done to the following address: AMEZKUA TOTAL DESIGN S.L, Calle de Carranza 5 28004 Madrid, Spain.
Except for latent defects, it will not be accepted any complaint after the reception of the goods by The Customer if he has not followed the above procedure.
10th Condition: Contract withdrawal
The Customer has 7 days to return a product to The Company from the date of receipt of the merchandise; in case he is not satisfied, exercising the right to withdraw the contract. The Customer must send the goods within that period, properly packed and in perfect conditions, with the invoice and the return document, which model is attached to these Conditions duly signed, to The Company’s address, as indicated below, by certified mail with return receipt requested:
In the case of returning goods for cancellation of the contract; The Customer shall assume the costs and risks of transport for the return. The only products that will be accepted to return are those products that are new and complete. No refunds will be issued for any product which has been damaged by The Customer, along the transport, or whose original packaging is damaged in a way that goes beyond its simple opening.
Once The Company receives the goods subject to return on time and following the verification by The Company that the goods are in perfect condition, it shall refund the amount paid by The Customer in the same way in which he had paid the price of the goods, excluding transport costs, within 30 days from receipt of the goods, and thus leaving the contract resolved.
If the merchandise is not in perfect condition, The Company will so inform The Customer, by certified mail with return receipt requested, denying the right to return and making available the goods for The Customer at The Company’s address above indicated.
The Company advises The Customer to subscribe a specific insurance with the carrier in charge of making the return of the goods of the market value of the products. This insurance is required so that The Customer can protect himself against any case of damage, plundering or loss of goods by the carrier. Such insurance will be in charge of The Customer.
11th Condition: Ethics and reciprocity statutes
Hereby, The Company guarantees its customers that the products offered for sale on The Site do not infringe on any point the legislation in force the day the order is placed. In addition, The Company ensures that the site’s content does not violate public decency.
12th Condition: Latent Defects
The Company is responsible for damage or latent defects that may reveal the items sold, according to civil and commercial law, and in due time since its appearance. The appearance of such damages must be notified by the Customer to The Company, by certified mail with return receipt requested, proceeding to ship the defective goods to The Company’s address indicated in the previous condition, so that The Company can analyze and confirm the existence of a defect or latent defect.
In any case, the defect or latent defect should not be due to:
– An abnormal or inappropriate use;
– The normal deterioration and aging;
– An accidental event or, more generally, an external cause (such as intervention by an unauthorized third party of using the product).
The shipping and return costs of the goods will be in charge of The Customer.
After the accreditation and verification of the defect or hidden defect, shall exercise the corresponding civil action.
13th Condition: General Liability
Customer is responsible for verifying that the data provided to The Company during the process of the purchase order is true and complete especially the delivery address and details of credit card or debit card. The customer is responsible for all the data provided on this process.
The costs arising from mistakes made by The Customer, including errors concerning location and shipping address will be charged to The Customer.
The liability that may be incurred by The Company with respect to the contracts and relationships with the Customers can not exceed an amount equal to amounts paid or payable for the transaction at the beginning of this responsibility, regardless of cause or action in question.
Acts of God or force majeure, which exonerate The Company from responsibilities, including all those facts or inevitable circumstances, unpredictable or beyond the control of the parties, especially in case of total or partial transport strike and natural disasters such as floods and fires.
The Customer selects and purchases the products under their own unique responsibility. Therefore, total or partial inability to use the products for reasons of incompatibility of the material can not result in any compensation, return or demand of liability to The Company, except in the case of a demonstrated latent defect, a lack of conformity, imperfection or the right of withdrawal.
14th Condition: Applicable Law and Jurisdiction
These conditions of sale and the relationship between The Company and The Customer will be executed and interpreted in accordance with Spanish law.
In case of dispute between the parties with respect to any of the conditions and contents of the contractual relationship formalized, and after a first attempt of agreement, if it does not occur, the dispute is submitted to the Arbitration of the Chamber of Commerce of Madrid
16th Condition: Severability clauses
The fact that any of this conditions of the general conditions of sale is declared invalid, unenforceable, outdated, illegal or inapplicable because of a law, regulation or following a final decision of a competent jurisdiction, may not call into question the validity, the legality and enforceability of the remaining conditions of these general conditions of sale and will not exempt the customer to compliance with its contractual obligations.
TERM OF USE
- a) Lawful use
The user of this website and their services is required to make proper use in accordance with the laws and customs of the trade, and refrain from using the web and its services for illegal purposes or that are harmful to rights and interests of others, or in any way that can damage, disable, overburden or deteriorate the web and its services or prevent the normal use or enjoyment of the web and services by users. Those who breach this obligation will respond against www. variopinte.com and against third parties for any damages that may be caused by failure of this obligation.
- b) Errors guarantee
www.amezkua.com does not guarantee the absence of errors in the access to the web or its contents, in the case of quotations or reproduce of official publications, the reproduction will be purely informative and its publication in newsletter or official source should be considered for all purposes as valid.
- c) Service Availability
www.amezkua.com reserves the right to make, at any time and without prior notice, modifications and updates of the information, configuration or presentation contained on its website.
www.amezkua.com does not guarantee the availability and continuity of the website’s operations and services. Wherever possible, any interruptions in the operations and services of the website will be informed in advance.
www.amezkua.com excludes all liability for damages of any kind that may be due to lack of availability or continuity of the website and its services, the fraudulent use that users can attribute to the web and services, to the fallibility of the website and services, and in particular but not exclusively, to the failures in access to the different web pages or those from which services are delivered.
Responsibility for the use of the contained information
The user is aware and voluntarily accepts that the use of the web, its services and contents takes place, in any event, under their sole and exclusive responsibility. The access to the website and the use made of the information contained herein are the sole responsibility of the user. www.amezkua.com is not responsible for any consequence or damage that may result from such access or use of information or the application that they do to support any personal or business opinion or decision. www.amezkua.com has no responsibility for the connection or contents of third party links that are referenced in the web.
In compliance with the Information Society Service Law commonly known as LSSI, please note that this website is maintained by:
AMEZKUA TOTAL DESIGN S.L.Adress : Calle de Carranza 5 28004 Madrid, Spain
Data of inscription in the business register: entered in the business register Registro Mercantil de Navarra, al Tomo 1432, Folio 131, Hoja NA-28459
DATA PROTECTION ACT: LOPD
AMEZKUA TOTAL DESIGN S.L. complies with the established in Law 15/1999, dated 13 December on Protection of Personal Data, which aims to guarantee and protect, with regard to the processing of personal data, freedoms and rights of individuals, and especially their honor and personal privacy.
The personal data supplied by users in the registration forms they complete in the www.amezkua.com web, will be processed automatically and included in personal files. The collection and processing of personal data aims to maintain the contractual relationship established with AMEZKUA TOTAL DESIGN S.L., as well as management, administration, information, provision and improvement of services derived from it.
To ensure data security, AMEZKUA TOTAL DESIGN S.L. adopts the necessary technical and organizational measures required by the Data Protection Act to avoid its alteration, loss, and unauthorized access.
The users may exercise the rights and actions recognized in the LOPD, access, rectification, cancellation and opposition. The exercise of these rights may be done by the user, addressing AMEZKUA TOTAL DESIGN S.L, by registered letter or contact the appropriate access enabled on the web page www.amezkua.com
INTELLECTUAL PROPERTY LAW
Is strictly prohibited the total or partial reproduction of any part of this website, including contents, source code, photographs, illustrations and design, without the previous express written permission of the owner. The exercise of the prohibited actions without previous authorization will lead to the corresponding responsibilities and the right to exercise the actions that correspond to the owner of the website
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REGISTRATION CONDITIONS FOR USERS
The registration to this website is free. With your username you can participate in all the services the web offers to its users in a personalized way.
As a user of this site is imperative that you know:
When you register, we collect your data (personal and / or optional information) to provide specific services and customize your experience on the site. We may use the information you have provided to send you offers by email or post that may be of your interest. Each of these emails will contain the information on how to unsubscribe and stop receiving future mailings.
On occasion, we send e-mail or post communications to provide information which we think is of your interest, including information on new products and services. We may also get in touch with you to see if you are interested in participating in market studies related with your activities. As part of our policy we only send emails or postcards to customers that have authorized it. Each of these emails will contain the information on how to unsubscribe and stop receiving future mailings.
Generally, we keep the user’s information until the subscription is cancelled or until the expiration of any period required in the regulations described. You can ask details about your personal information we hold and also exercise the rights you have under the Data Protection Act. To contact us you can do it from the appropriate access enabled on the web page www.amezkua.com