This contractual document will govern the contracting of products and services through the website www.familiafernadezrivera.com, owned by INVERSIONES FERNANDEZ RIVERA 99, SL, hereinafter PRESTADOR.Acceptance of this document implies that the USER: Has read, understands and understands The above is a person with sufficient capacity to contract.- Assumes all the obligations set forth herein.These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER website.The PROVIDER informs that the Commerce 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 acquired prior to the modification.
Identity of the parties contractors
On the one hand, the provider of the goods or services contracted by the USER is IN VERSIONES FERNANDEZ RIVERA 99, SL, with registered office CALLE REAL, 2 – 47315 PESQUERA DE DUERO (Valladolid), CIF: B47441100 and with customer service telephone: 983870037. And another, the USER, registered on the website through 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.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the moment in which he accepts during the online contracting process the corresponding box.The contractual relationship of sale entails the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the making of an order to 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. CUSTOMER SERVICE: Opening hours of the Online Store are from Monday to Friday from 9: 00h. at 3:00 p.m.
2. SENDING ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.The shipments of goods will usually be made by courier, according to the destination freely designated by the USER.The dates or delivery times will be understood as approximate, not constituting The essential default delay. In the event that the PROVIDER had not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid at no cost, and without that derives no liability for damages attributable to the PROVIDER. The delivery period is usually between 2 and 7 days, depending on the destination population and since the order is received for its preparation, taking into account that the receipt thereof It is from 9 to 13 hours from Monday to Friday. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, since the data provided by the USER is false , inaccurate or incomplete s.Delivery will be considered made at the moment when the carrier has made the products available to the USER and the latter, or the latter’s delegate, has signed the delivery receipt document.It is the responsibility of the USER to verify the products upon receipt. and state all the exceptions and claims that may be justified in the document of receipt of the delivery.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects that the product or service presents.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 Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.The right of withdrawal cannot be applied in the following cases: If the product is not presented in perfect condition.If the product packaging is not the original or these are not found in perfect state. The original packaging must protect the product in such a way that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.When the product is open without being able to prove that it has not been used.In software applications that are directly downloaded through the portal.When they are personalized products or those, which for reasons of hygiene or other legally envisaged exceptions, are not susceptible to this right.Any return must be communicated to the PROVIDER by email to email@example.com , indicating the invoice or order number.After acceptance of the return will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at your expense, at the address of INVERSIONES FERNANDEZ RIVERA 99, SL , CALLE REAL, 2 – 47315 PESQUERA DE DUERO (Valladolid) .
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses: Postal: INVERSIONES FERNANDEZ RIVERA 99, SL, REAL STREET, 2 – 47315 PESQUERA DE DUERO (Valladolid) Telephone: 983870037Mail: orders @ bodegapesquera.com
Online dispute resolution (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 need to resort to the courts of justice, through the intervention of a third party, 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, and may finally suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJOR
The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation will be delayed until the termination of the case of force majeure.
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, the validity, legality and compliance of the rest will not be affected in any way, nor will they undergo modification in any way.The USER declares to have read, to know and to accept the present General Conditions in all its extension.
7. GENERAL OFFERINGS
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of INVERSIONES FERNANDEZ RIVERA 99, S.L. or here stipulated will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail. Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in your advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supply of the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFERS
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased. 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 can check all the details of the budget: items, quantities, price, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed. Once the order is placed, prices will be maintained whenever there is availability of products. All payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he has informed at the time of placing the order. This invoice will be sent to the email address provided by the USER. For any information about the order, the USER can contact through the customer service phone number of the PROVIDER 983870037 from 9 to 13 hours or via email to the Address: Orders@bodegapesquera.com.
9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication, installation costs, or complementary services, unless expressly agreed in writing to the contrary. Shipping costs 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 applied is as follows: Peninsula up to 2 Kg: € 6.70 Peninsula from 2 Kg to 5 Kg: € 7.66 Peninsula from 5 Kg to 10 Kg: € 9.67 Peninsula from 10 Kg to 15 Kg: € 11.66 Peninsula of 15 Kg up to 20 Kg: € 14.70 Peninsula of 20 Kg up to 25 Kg: € 17.64 Peninsula of 25 Kg up to 30 Kg: € 20.70 Peninsula of 30 Kg up to 35 Kg: € 23.87 Peninsula of 35 Kg up 40 Kg: € 27.15 10.
10. PAYMENT METHODS
The PROVIDER allows the only way to pay for an order: Credit / Debit Card
11. PURCHASE PROCESS
Any product in our catalog can be added to the basket. In this, only the articles, quantity, price and total amount will be observed. Once the basket is stored, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The baskets have no 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 following the following steps for its correct formalization: – Checking the billing information.- Checking the shipping address.- Selecting the payment method.- Placing the order (buying). Once the order is processed, the system instantly sends an email to the management department of the PROVIDER.
12. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below, unless due to the circumstances of the case none of them is applicable: They conform to the description made by INVERSIONES FERNANDEZ RIVERA 99, SL. They are suitable for uses to which products of the same type are ordinarily destined. They are suitable for any special use required by the client when they have informed INVERSIONES FERNANDEZ RIVERA 99, SL at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use. They present the usual quality and performance of a product of the same type that the customer can reasonably expect, given the nature of it and , where appropriate, of the descriptions on the specific characteristics of the products made by INVERSIONES FERNANDEZ RIVERA 99, SL.INVERSIONES FERNANDEZ RIVERA 99, SL It describes the details, the technical characteristics and the photographs of the products provided by the manufacturer of the same, so that it is not bound by these public declarations. The lack of conformity resulting from an incorrect installation of the product will be equated with the lack of compliance of the same when the installation is included in the contract of sale and has been performed by INVERSIONES FERNANDEZ RIVERA 99, SL or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions. The responsibility for nonconformities that the USER knows or could not ignore at the time of the conclusion of the contract or originating from materials supplied by the USER.
II) Responsibility of PRESTADOR
INVERSIONES FERNANDEZ RIVERA 99, SL will respond to the USER of any lack of conformity that exists at the time of delivery of the product. FERNANDE INVESTMENTS Z RIVERA 99, S.L. recognizes the USER the right to repair the product, its replacement, the reduction of the price and the termination of the contract.
III) Repair and replacement of the products
If the product is not in accordance with the contract, the USER may choose to demand the repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to INVERSIONES FERNANDEZ RIVERA 99, S.L. the option chosen, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for the cases in which the repair or replacement fails to bring the product into conformity with the contract. Any form of sanitation that imposes on INVERSIONES FERNANDEZ RIVERA will be considered disproportionate 99, SL costs that, in comparison with the other form of sanitation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without Major inconveniences for the USER.
IV) Rules for the repair or replacement of the product
The repair and replacement will comply with the following rules: They will be free for the USER. This gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials. They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER. The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will begin after the USER makes the product available to INVERSIONES FERNANDEZ RIVERA 99, S.L. and conclude with the delivery to the USER of the product already repaired. During the six months after the delivery of the repaired product, INVERSIONES FERNANDEZ RIVERA 99, S.L. will respond to the lack of conformity that motivated the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially expressed are reproduced in the product.The replacement suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product . The substitute product will be applicable, in any case, the second paragraph of Article VII.If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may require the replacement thereof, within the limits established in section 2 of article IV, or the reduction of the price or termination of the contract under the terms of article V. If the replacement fails to bring the product into conformity with the contract, the USER may require the repair thereof, within of the limits established in section 2 of article IV, or the reduction of the price or termination of the contract under the terms of articles V and VI.The USER may not require the replacement in the case of non-expendable products, nor when in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the option of the USER, when the USER cannot require the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for the price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
INVERSIONES FERNANDEZ RIVERA 99, SL Responds for any breaches of conformity that are manifested within 7 days of delivery. Unless proven otherwise, it will be presumed that the breaches of conformity that manifest within 24 hours after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. Unless proven otherwise, delivery is deemed made on the day indicated on the invoice or purchase label, or on the corresponding delivery note if This one was later. During the delivery, the recipient can review the order and expressly state if any package or packaging is damaged. Once the claim is made, INVERSIONES FERNANDEZ RIVERA 99, SL, will be responsible for the collection of the defective product and once received , will proceed to send a product in perfect condition at no cost to the customer. tion to claim compliance with the provisions of the preceding articles prescribed 7 days after delivery of the product.The USER must inform INVERSIONES FERNANDEZ RIVERA 99, S.L. of the lack of conformity within one month since he had knowledge of it. Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or suppose an excessive load go to INVERSIONES FERNANDEZ RIVERA 99, SL due to lack of conformity of the products with the contract of sale, you can directly claim the producer in order to obtain the replacement or repair of the product.Generally, and notwithstanding that the responsibility of the producer ceases, in the same terms and conditions that those established for INVERSIONES FERNANDEZ RIVERA 99, SL, the producer will be responsible for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the regulations that regulate them. by producer, the manufacturer of a product or the importer thereof in the territory of the European Union or to any person who appears as such by indicating on the product its name, brand or other distinctive sign.Whoever has responded to the USER, will have within one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will 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 from the provision of the products or services subject to these Conditions of the courts and tribunals of the domicile of the USER. In the event that the USER has his domicile outside Spain, the PROVIDER and The USER expressly waives any other forum, submitting to the Courts and Courts closest to the population of PESQUERA DE DUERO (Spain).