Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website ceramicaparaarquitectura.com/ and ceramicaamanoalzada.com/, property of CERAMICA A MANO ALZADA SL under the trademark of CERAMICA A MANO ALZADA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the USER's disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by CERAMICA A MANO ALZADA SL. It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will apply. CERAMICA A MANO ALZADA SL will archive the electronic document where the purchase is formalised and will have it available to the USER in case he/she requests it.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is stated herein.
- He is a person with sufficient capacity to contract.
- Assume all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is CERAMICA A MANO ALZADA SL, with registered office at C/ Cervantes, 22 – 2ºA, 12200 Onda (CASTELLÓ), NIF B44522092 and customer service telephone number +34 960 07 61 28.
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, 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 relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email miguel@ceramicaamanoalzada.com so that CERAMICA A MANO ALZADA SL can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Sale Procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, agreeing 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 of them or the possible access by an unauthorized third party. , so that it proceeds to immediate blocking.
Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply 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 the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments of goods will usually be made by TRANSPORT COMPANIES of this type of materials, according to the destination freely designated by the USER.
Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.
Delivery time will be between 3 and 7 working days for mainland Spain and 3 and 14 days for the European Union, depending on the destination and the chosen payment method. The expected shipping and delivery date will be provided prior to order confirmation.
The delivery of the material will always be made at street level.
Lack of performance of the distance contract
In the event that the contract cannot be executed because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
Delivery will be considered to have been made when the carrier has made the products available to the USER and the latter, or his/her delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
3 RIGHT OF WITHDRAWAL
Withdrawal form: https://ceramicaamanoalzada.com//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a service provision, to exercise the right of withdrawal, regulated in article 102 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.
Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to miguel@ceramicaamanoalzada.com, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the USER the cost of €40 per pallet, informing them in advance through the same communication channel used.
Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs at his/her expense, to the address of CERAMICA A MANO ALZADA SL, Carrer Barranc de Ràtils Nave 6, 12200 Onda (CASTELLÓ)
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postcard: CERAMICA A MANO ALZADA SL, Carrer Barranc de Ràtils Nave 6, 12200 Onda (CASTELLÓ)
Telephone: + 34 960 07 61 28
E-mail: miguel@ceramicaamanoalzada.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation of force majeure.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CERAMICA A MANO ALZADA SL or to what is stipulated here will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services attached to the purchased product.
The prices applicable to each product 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 products may vary in real time.
Before making the purchase, you will be able to check online all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.
Once the order has been placed, prices will remain the same whether or not products are available, except in cases where stock replenishment coincides with the annual rate change at the beginning of the year.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has provided at the time of placing the order. This invoice will be sent before the order reaches its destination in PDF format by email to the USER, to the email address provided by the USER in the billing details at the time of purchase.
For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number +34 960 07 61 28 or via email at miguel@ceramicaamanoalzada.com.
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
The maximum transport rate (VAT included) applied is as follows:
Spain Peninsula up to 8 Kg: €25
Spain Peninsula < 650 Kg: €232 + €25 picking preparation
Spain Peninsula < 1200 Kg: €249
France: up to 10 Kg: €43
France: up to 700 Kg: €653 (*from 50kg Loading and unloading by truck driver with lifting platform and pallet truck, any additional means of transport or unloading required will have an additional cost that will be assumed by the USER)
France: up to 900 Kg: €756 Belgium and the Netherlands: up to 10 Kg: €104
Belgium and the Netherlands: up to 700 kg: €592 (*from 50 kg Loading and unloading by truck driver with lifting platform and pallet truck, any additional means of transport or unloading required will have an additional cost that will be assumed by the USER)
Belgium and the Netherlands: up to 900 kg: €690
Switzerland: up to 10 kg: €113
Switzerland: up to 700 Kg: €1031 (*from 50kg Loading and unloading by truck driver with lifting platform and pallet truck, any additional means of transport or unloading required will have an additional cost that will be assumed by the USER)
Switzerland: up to 900 kg: €1259
Spain islands and other countries, consult by sending an email to info@ceramicaamanoalzada.com
The goods will be delivered to the street level directly at the address indicated in the Shipping information at the time of purchase.
The USER must inform us at the time of placing the order if there is any anomaly that makes it difficult or impossible for the carrier to access the destination address. Taking into account that for a certain quantity of product, orders are transported on pallets and delivered in large trucks.
There must be a person in charge at the download point to sign the corresponding delivery note.
In the event that the customer is not available at the time of downloading, delivery would not be made, with the consequent costs of the second transport at the customer's expense.
Upon receiving the order, it is mandatory for the buyer to check that everything is in accordance with their order and in perfect condition. If you observe any deterioration in the packaging, you must sign it and reflect it on the delivery note of the carrier and notify us as soon as possible.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
● Credit card
● Bank transfer
The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.
11. PURCHASE PROCESS
Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, shipping costs, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can place an order by following the steps below for its correct formalization:
1. - Checking the billing information.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placing of the order.
Orders (purchase requests)
Prior to confirming the order, information will be provided regarding stock availability, the status of the order and the approximate shipping and/or delivery date.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, void or for any unenforceable reason, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.
13. GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services that are the subject of these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is real estate.