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This contractual document will govern the contracting of products and services through the website www.hotelmercury.com, property of FUNDACIÓN RICARDO FISAS NATURA BISSÉ, hereinafter the PROVIDER.
The acceptance of this document implies that the USER:
– You’ve read, you understand and you’re agree with this text.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all the hirings made through the web site of the PROVIDER.
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 affecting the goods or promotions that were acquired prior to the modification .
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is FUNDACIÓN RICARDO FISAS NATURA BISSÉ, with registered office C / ARTESANS, 12 PARC TECNOLÒGIC DEL VALLÈS – 08290 CERDANYOLA DEL VALLÈS (BARCELONA), NIF B17869835 and with telephone number to the customer / USER 935910230.
And on the other hand, 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.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or of the possible access by an unauthorized third party. , so that it proceeds to the immediate blockade.
Once the user account has been created, it is informed that in accordance with what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
1. General contracting clauses.
2. Shipping orders and shipping costs
3. Right of withdrawal.
5. Force majeure
7. General aspects of the offer.
8. Price and term of validity of the offer.
9. Form of payment, expenses and discounts.
10. Purchase process.
11. Applicable guarantees.
12. Guarantees and returns.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the execution 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 PROVIDER.
2. SHIPPING OF ORDERS AND SHIPPING CHARGES
The articles offered through this website are only available for shipping to the Peninsula and the Balearic Islands and have an additional courier cost of € 3.
For INTERNATIONAL SHIPMENTS (including the Canary Islands, Ceuta and Melilla), the User must send an email to: firstname.lastname@example.org.
Shipping costs (VAT included) are:
Ceuta and Melilla: 9.51 € + there is also the DUA supplement of € 16
Canary Islands – Tenerife and Las Palmas: € 7.54 + DUA departure € 16
Canary Islands – Minor Islands: € 8.30 + DUA departure € 16
FREE DELIVERIES from € 50 purchase.
Without minimum amount.
The PROVIDER agrees to deliver the order in a period of 24h / 48.
Orders received on Friday will be shipped the next business day. If for any reason there was a delay in the shipment, we would inform you of the estimated delivery time.
If at the time of delivery there was no one at the address provided, the courier will leave an arrival note indicating the telephone number to call to arrange the new delivery.
After two days without making contact, the company will try to locate you at the telephone number you would have provided (so it is more useful that it is a mobile phone).
After 7 days without contacting, the package will be returned by the courier. Therefore, be sure to provide an address where it can be easily located.
If finally the order was returned by the courier agency due to the impossibility of contacting the customer, the customer would be responsible for paying for the new shipment.
Once the package has been shipped, the delivery address can be modified within the same population.
It is not possible to specify the exact time of delivery. The courier company will not call before the first delivery attempt.
If there is any error in your order from the shop of the PROVIDER, contact us and we will inform you of the way to solve it without cost.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to return and / or claim possible defects or defects that the product or service presents, both online and offline.
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 for defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal can not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being forbidden the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
Any claim that the USER considers opportune will be attended in the shortest possible time, being able to realize in the following directions of contact:
Postal: FUNDACIÓN RICARDO FISAS NATURA BISSÉ, C / ARTESANS, 12 PARC TECNOLÒGIC DEL VALLÈS – 08290 CERDANYOLA DEL VALLÈS (BARCELONA)
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, 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 MAJEURE
The parties will not incur any responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation 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, know and accept these General Conditions in their entirety.
7. GENERAL OF THE OFFER
All sales and deliveries made by the PROVIDER will be deemed subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of FUNDACIÓN RICARDO FISAS NATURA BISSÉ or herein stipulated shall have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall 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 its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND DEADLINE OF VALIDITY OF THE OFFER
The price of the products will be the one stipulated in each moment on our website. Obviously, the price and other conditions of the items that you have requested will not be modified during the period of time between your offer and the acceptance of the same issued through the confirmation of delivery unless by law or decision of Government agencies should make changes retroactively in those policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that had previously been made.
The prices shown on the website are indicated in euros, include both possible discounts and VAT applicable to the date of the order, but do not include shipping costs, which are indicated separately on the Web.
In sales to the Canary Islands, VAT will not be charged (21%). However, the customs system will apply the corresponding tax charges.
In no case can we determine the amount of taxes payable by the customer upon receiving your order and that will be the I.G.I.C. and the AIEM and Customs of the Canary Islands, which will apply the import Dispatch.
The IPSI tax corresponds to Ceuta, in which there is a scale that ranges from 0.50% to 10% of the value, depending on the type of merchandise. For Melilla the taxes are differentiated by the type of value of the products:
a) Low value
Between companies up to 22 euros, including 40 euros. They pay € 6.61b) High value
From DUA € 14.84 plus 10% of the declared value.
Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or of the company name that he / she has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER can contact through the customer service telephone of the PROVIDER 935910230 or via email to the address email@example.com.
9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the User, in the purchase process, to choose between the following forms of payment:
Credit card: pay by credit card through Servired / RedSys.
Direct bank transfer: Once the order is placed and after verifying that the requested material is in stock, the User will receive an email with the data to make the bank transfer.
Therefore, it is very important that you make sure that you have provided us with a valid email address. As soon as we have confirmation of the deposit, the order will be sent.
The order will be sent when RICARDO FISAS NATURA BISSÉ FOUNDATION checks the deposit.
In the event that the purchase is made on our website, the management of payment by dataphone is done through Natura Bissé International, SA, as the Treatment Manager, with whom the corresponding contract that regulates this service has been signed.
10. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data 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 an order can be made following the following steps for its correct formalization:
1. – Checking the billing information.
2. – Checking 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 management department of the PROVIDER.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent confirming the status of the order and the date of shipment.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in its description. All have a guarantee period of two years, according to the criteria and conditions described in 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.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 of Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:
a) They conform to the description made by FUNDACIÓN RICARDO FISAS NATURA BISSÉ.
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has informed the RICARDO FISAS NATURA BISSÉ FOUNDATION at the time of conclusion of the contract, provided that he has admitted that the product is suitable for this use.
d) Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by FUNDACIÓN RICARDO FISAS NATURA BISSÉ.
e) FUNDACIÓN RICARDO FISAS NATURA BISSÉ describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from incorrect installation of the product will be equated with the lack of conformity of the same when the installation is included in the contract of sale and has been made by FUNDACIÓN RICARDO FISAS NATURA BISSÉ or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. The responsibility for non-conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that originate in materials provided by the USER, will not proceed.
II) LENDER’s responsibility
RICARDO FISAS NATURA BISSÉ FOUNDATION will respond to the USER for any lack of conformity that exists at the time of delivery of the product. FUNDACIÓN RICARDO FISAS NATURA BISSÉ recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose between requiring repair or replacement, unless one of these options is impossible or disproportionate. From the moment that the USER communicates to FUNDACIÓN RICARDO FISAS NATURA BISSÉ the option chosen, both parties must abide by it. 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.
2. Any form of sanitation that imposes costs that, in comparison with the other form of sanitation, is not reasonable, taking into account the value that the product would have if there were no lack of conformity, will be considered disproportionate to sanitation. 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 of repair or replacement of the product
The repair and replacement will comply with the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within 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.
c) The repair suspends the calculation of the terms referred to in article VII. The period of suspension will start from when the USER puts the product at the disposal of FUNDACIÓN RICARDO FISAS NATURA BISSÉ and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, RICARDO FISAS NATURA BISSÉ FOUNDATION will be responsible for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the substitute product, in any case.
e) If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may demand the replacement thereof, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract under the terms of article V.
f) If the substitution fails to bring the product into conformity with the contract, the USER may demand the repair thereof, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI.
g) The USER can not demand substitution in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract resolution
The reduction of the price and the termination of the contract shall proceed, at the choice of the USER, when the latter can not demand repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the user. USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for 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.
1. FUNDACIÓN RICARDO FISAS NATURA BISSÉ responds to the lack of conformity that manifests itself within two years of delivery. In the second-hand products, FUNDACIÓN RICARDO FISAS NATURA BISSÉ and the USER may agree on a shorter term, which may not be less than one year after delivery.
Unless proven otherwise, it will be presumed that the non-conformity manifests in the six months after the 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 .
2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the product.
4. The USER must inform FUNDACIÓN RICARDO FISAS NATURA BISSÉ of the lack of conformity within two months of having knowledge of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established term.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden to contact FUNDACIÓN RICARDO FISAS NATURA BISSÉ for lack of conformity of the products with the contract of sale may claim directly from the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the producer’s liability to cease, under the same terms and conditions as those established for FUNDACIÓN RICARDO FISAS NATURA BISSÉ, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the producer. the products, according to their nature and purpose and the rules that regulate them.
Producer, manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such when indicating in the product his name, trademark or other distinctive sign.
Anyone who has responded to the USER, will have a one-year period to repeat the responsibility for the lack of conformity. This term is computed from the moment in which the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in matters that are 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 USER’s address.
In the event that the USER has his domicile outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the population of SANTA SUSANNA (Spain).