Terms and conditions of purchase
TERMS AND CONDITIONS OF PURCHASE
This contractual document will govern the contracting of products and services through the website www.fooga.es, property of COMIENZA EL PLAN S.L., hereinafter referred to as PROVIDER.
The acceptance of this document implies that the USER:
- Has read, understands and understands what is set forth herein.
- Is a person with sufficient capacity to contract. - Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of 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 purchased prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is COMIENZA EL PLAN S.L., with registered office at CALLE INDEPENDENCIA, 9 - 4 D 47004 VALLADOLID (Valladolid), NIF B47785308 and customer service telephone number / USER 610516347.
And on the other hand, the USER, registered on the website with a username and password, for which he/she has full responsibility for use and custody, and is responsible for the accuracy 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 that arises between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
The USER shall select a username and password, undertaking to make diligent use of the same 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 possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the bid.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall 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. SHIPMENT OF ORDERS
The PROVIDER shall not ship any order until it has verified that payment has been made.
Shipments of goods will usually be made by GLS, according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, the delay not constituting an essential breach. In the event that the PROVIDER has not delivered the goods 72 hours after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
The delivery time is usually between 48 and 72 hours, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects in the product or service, both online and offline.
The USER has a period of 30 calendar days, counted from the date of receipt of the product, to return the product (Article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the Fooga. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may 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 is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to demonstrate that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are customized products or those, which for reasons of hygiene or other exceptions provided by law, are not susceptible to this right.
All returns must be communicated to the PROVIDER, by e-mail to firstname.lastname@example.org, indicating the order number.
Once the USER has indicated the order number, he/she shall send the product to the PROVIDER, indicating the name of the buyer on the return address, with transportation costs to be paid by the user, at the address of TIENDA FOOGA, CALLE CÁNOVAS DEL CASTILLO, 7, 47002 VALLADOLID.
If for any reason you wish to revoke any of your rights, please follow the instructions here.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: TIENDA FOOGA, CALLE CÁNOVAS DEL CASTILLO, 7, 47002 VALLADOLID Telephone: 610516347.
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, 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 MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall 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 and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present General Conditions in all their extension.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of COMIENZA EL PLAN S.L. or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which 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, as long as it does not affect the value of the products offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD 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 the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in 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 quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.
For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 610516347 or via e-mail to the address email@example.com.
9. TRANSPORT COSTS
The prices do not include shipping or communication costs, nor installation or complementary services, unless otherwise expressly agreed in writing.
The postage will be calculated at the moment 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:
Spain, Iberian Peninsula - 2,90€ and for purchases over 80€ free.
Balearic Islands - 10€ and for purchases over 100€ free.
Europe - 5€ and for purchases over 100€ free.
Canary Islands EXCLUDED FROM SHIPPING
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
- Credit card: neither discounts nor charges will be applied.
- PayPal: no discounts or charges will be applied.
11. PURCHASING PROCESS
Cart (quotation simulation)
Any product from our catalog can be added to the shopping cart. In the shopping cart, only the items, quantity, price and total amount will be displayed. 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 on both sides.
From the basket you can place an order following the next steps for its correct formalization:
1. - Verification of the invoicing data. 2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Placing the order (purchase).
Once the order is processed, the system instantly sends an e-mail to the PROVIDER's management department.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent confirming the status of the order and the shipping date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description.
description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003 of July 10, 2003 on Guarantees of sale of consumer goods:
I) Conformity of the products with the contract.
Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case any of them is not applicable:
a) They conform to the description made by COMIENZA EL PLAN S.L..
b) They are suitable for the uses to which the products of the same type are normally destined.
c) Are suitable for any special use required by the customer when he has made it known to COMIENZA EL PLAN S.L. at the time of the conclusion of the contract, provided that the customer has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by COMIENZA EL PLAN S.L..
e) COMIENZA EL PLAN S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the sales contract and has been performed by COMIENZA EL PLAN S.L. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER
COMIENZA EL PLAN S.L. will respond to the USER of any lack of conformity that exists at the time of delivery of the product. COMIENZA EL PLAN S.L. recognizes the USER the right to repair the product, to its replacement, to the price reduction and to the termination of the contract.
III) Repair and replacement of products
1. If the product is not in conformity with the contract, the USER may choose between demanding repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER communicates to COMIENZA EL PLAN S.L. the chosen option, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases where the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes on COMIENZA EL PLAN S.L. costs that, compared to the other form of remedy, are not reasonable, taking into account the value that the product would have had if
the lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconveniences for the USER.
IV) Rules for repair or replacement of the product
Repair and replacement shall comply with the following rules: a) They shall be free of charge for the USER.
This free of charge will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) Will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
d) The substitution suspends the periods referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII shall be applicable to the substitute product.
e) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of article IV, or the reduction of the price or the termination of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract shall proceed, at the USER's choice, when the USER cannot demand 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 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 conformity with the contract and the value that the product actually delivered had at the time of delivery.
COMIENZA EL PLAN S.L. is responsible for the lack of conformity that appears within a period of two years from the delivery. For second hand products, COMIENZA EL PLAN S.L. and the USER can agree on a shorter term, which can not be less than one year from the delivery.
Unless there is evidence to the contrary, it will be presumed that the lack of conformity that appears in the six months after the delivery already existed when the product was delivered.
delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
3. The action to claim compliance with the provisions of the preceding articles shall expire three years after delivery of the product.
4. The USER must inform COMIENZA EL PLAN S.L. of the lack of conformity within a period of two months from when he/she became aware of it.
Unless there is evidence to the contrary, it will be understood that the USER's communication has taken place within the established term.
VIII) Action against the producer
When the USER finds it impossible or an excessive burden to contact COMIENZA EL PLAN S.L. due to lack of conformity of the products with the purchase contract, he/she can claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice that the responsibility of the producer ceases, in the same terms and conditions as those established for COMIENZA EL PLAN S.L., the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, according to its nature and purpose and the rules that regulate them.
The producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.
Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.
These conditions shall be governed by or construed in accordance with Spanish law in all matters 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 to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of VALLADOLID (Spain).